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COUNCIL REGULATION (EURATOM, EC) No 1279/96 of 25 June 1996 concerning the provision of assistance to economic reform and recovery in the New Independent States and Mongolia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas, pursuant to the European Council in Dublin and in Rome in 1990, the Community introduced a technical assistance programme in favour of economic reform and recovery in the former Union of Soviet Socialist Republics;
Whereas Council Regulation (Euratom, EEC) No 2053/93 of 19 July 1993 concerning the provision of technical assistance to economic reform and recovery in the independent States of the former Soviet Union and Mongolia (2) laid down the conditions for the provision of this technical assistance and envisaged such an operation from 1 January 1993 to 31 December 1995;
Whereas such assistance will be fully effective only in the context of progress towards free and open democratic systems that respect human rights, and towards market-oriented economic systems;
Whereas such assistance has already generated significant impact on reform in the New Independent States and Mongolia and further assistance is still required to ensure that this reform becomes sustainable, it is necessary to continue this effort;
Whereas a financial reference amount, within the meaning of point 2 of the declaration by the European Parliament, the Council and the Commission of 6 March 1995, is included in this Regulation for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;
Whereas the implementation of the said assistance should enable conditions favourable to private investment to be established;
Whereas it is appropriate to establish priorities for this assistance;
Whereas Community assistance will be all the more effective where it can be implemented on a decentralized basis within each partner country;
Whereas the development of inter-State economic links and trade flows conducive to economic reform and restructuring should be encouraged;
Whereas, in order properly to meet the most acute needs of the New Independent States and Mongolia at the present stage of their economic transformation, it is necessary to permit a limited amount of the financial allocation to be used for small-scale infrastructure projects in the context of cross-border cooperation;
Whereas the development of small and medium-sized enterprises is a priority in all the New Independent States and Mongolia, and it is therefore appropriate to provide equity funding for such companies;
Whereas the dialogue between the social partners should be encouraged;
Whereas the integration of environmental aspects into the programme would guarantee the long-term sustainability of the economic reforms;
Whereas the European Council at its meeting in Rome also stressed the importance of effective coordination by the Commission of the efforts made in the former Union of Soviet Socialist Republics by the Community and its Member States acting individually;
Whereas it is appropriate that the Commission be assisted in the implementation of Community aid by a committee made up of Member States' representatives;
Whereas the requirements of economic reform and restructuring now in progress, and the effective management of this programme, require a multiannual approach;
Whereas assistance for economic reform and recovery may require specific types of expertise particularly available in the Phare partner countries and in certain other States;
Whereas procedures for tenders shall fully respect the provisions of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (3) (hereinafter referred to as 'the Financial Regulation`);
Whereas the widest possible participation under equal conditions in tenders for supplies, works and services shall be ensured;
Whereas the Commission shall ensure the necessary transparency and rigour when the selection criteria are applied;
Whereas effective competition amongst firms, organizations and institutions interested in participating in the initiatives financed by the programme shall be ensured;
Whereas, to this end, all relevant information on projects shall be provided, using, when appropriate, the most modern means of communication so as to ensure that any firm, organization or institution which may be interested can express its interest in being considered for an invitation to tender;
Whereas, in the selection process, the Commission shall try to diversify between firms, organizations and institutions;
Whereas the continued provision of assistance will contribute to the attainment of the Community's objectives, notably in the context of the partnership and cooperation agreements;
Whereas the Treaties have not provided, for the adoption of this Regulation, powers other than those of Article 235 of the EC Treaty and Article 203 of the EAEC Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
1. A programme to assist economic reform and recovery in the partner States listed in Annex I (hereinafter called 'the partner States`) shall be implemented by the Community from 1 January 1996 to 31 December 1999 in accordance with the criteria laid down in this Regulation.
2. Assistance shall be concentrated on sectors and, where appropriate, on geographical areas in which the partner States have already taken concrete measures to promote reform and/or for which they can present a time-schedule. Criteria for implementation of this Regulation are set out in Annex IV which, if appropriate, may be modified according to the procedure laid down in Article 8 (2) and (3).
Article 2
The financial reference amount for the implementation of this programme for the period 1996 to 1999 shall be ECU 2 224 million.
The annual appropriations shall be authorized by the budgetary authority within the limits of the financial perspective.
Article 3
1. The programme referred to in Article 1 shall mainly take the form of technical assistance in support of the economic reform in progress in the partner States for measures aimed at bringing about the transition to a market economy and reinforcing democracy.
It shall also, case by case and in accordance with the procedure set out in Article 8 (2) and (3), cover reasonable costs of supplies required in support of the implementation of the technical assistance. In particular cases, such as nuclear safety programmes, a significant supply element may be included.
The cost of the project in local currency shall be covered by the Community only to the extent strictly necessary.
2. On a case-by-case basis and subject to the procedure referred to in Article 8 (2), assistance may cover costs related to small-scale infrastructure projects in the context of border-crossing facilities referred to in paragraph 10.
3. The programme shall promote industrial cooperation and support the establishment of joint ventures through the funding of equity investment in small and medium-sized companies.
4. The allocation to activities mentioned under paragraphs 2 and 3 shall not exceed 10 % of the annual Technical Assistance for the Commonwealth of Independent States (Tacis) budget.
5. The assistance shall also cover costs related to the preparation, implementation, monitoring, audit and evaluation of the execution of these operations, as well as costs concerning information.
6. The assistance shall be concentrated in particular in the indicative areas referred to in Annex II taking into account the evolving needs of the beneficiaries. Particular emphasis shall be laid on nuclear safety issues.
7. When designing and implementing programmes, due regard shall be taken of:
- the promotion of equal opportunities for women in the recipient countries,
- environmental considerations.
8. Operations to be financed pursuant to this Regulation shall be selected taking account, inter alia, of the recipients' preferences and on the basis of an assessment of their effectiveness in achieving the objectives aimed at by the Community assistance.
9. The assistance shall be implemented on a decentralized basis as far as possible. To this end, the final recipients of Community assistance shall be closely involved in the preparation and execution of the projects, and once the national authorities of the partner States have agreed on sectoral policies and strategies, as well as the geographical concentration areas, the identification and preparation of the measures to be supported shall be carried out directly at regional level wherever possible.
Regular coordination shall be established between the Commission and the Member States, including on-the-spot coordination in their contracts with the partner States, both in the programme-definition and the programme-implementation stage.
10. Assistance may be provided to support measures aimed at promoting inter-State, inter-regional and cross-border cooperation. Particular attention will be paid to border-crossing facilities on borders between the New Independent States and the Union, and the New Independent States and central Europe, as well as to measures on the Finnish-Russian border comparable to those undertaken in this field between the Union and the Phare countries. Moreover, particular attention will be paid to cooperation on the level of large geographical regions between the New Independent States and the Union and the New Independent States and central Europe.
11. When an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles and human rights, the Council may, on a proposal from the Commission, acting by a qualified majority, decide upon appropriate measures concerning assistance to a partner State.
Article 4
1. Community assistance shall take the form of grants which shall be released in tranches as projects materialize.
2. Financing decisions and may contracts resulting therefore shall expressly provide for supervision by the Commission and the Court of Auditors to be carried out on the spot, if necessary.
Article 5
1. Indicative programmes covering four-year periods shall be established for each of the partner States in accordance with the procedure provided for in Article 8. These programmes shall define the principal objectives of, and guidelines for, Community assistance in the indicative areas referred to in Article 3 (6) and could include financial estimates. The programmes may be amended in accordance with the same procedure during the period of their application. Before the establishment of indicative programmes, the Commission shall discuss with the Committee referred to in Article 8 the priorities identified with the partner States.
2. Action programmes based on the indicative programmes referred to in paragraph 1 shall be adopted on an annual basis in accordance with the procedure provided for in Article 8 (2) and (3). These action programmes shall include a list of the main projects to be financed within the indicative areas referred to in Article 3 (6). The content of the programmes shall be determined in detail, so as to provide Member States with the relevant information to enable the Committee referred to in Article 8 to deliver its opinion.
Article 6
1. The Commission shall implement operations in accordance with the action programmes referred to in Article 5 (2) and in accordance with Title IX of the Financial Regulation as well as Article 7 of this Regulation.
2. Supply and works contracts shall be awarded by means of open invitations to tender except in the cases provided for in Article 116 of the Financial Regulation.
Open invitations to tender for the award of supply contracts in accordance with Article 114 of the Financial Regulation shall allow for a time limit to submit an offer of not less than 52 days from the date of dispatch of the notice to the Official Journal of the European Communities.
Service contracts shall, as a general rule, be awarded by restricted invitations to tender and by private treaty for operations up to ECU 200 000.
Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons in the Member States and in the partner States.
Participation by natural and legal persons from the countries benefiting from Phare as well as in specific cases from Mediterranean countries with traditional economic, trade or geographical links may be authorized by the Commission on a case-by-case basis if the programmes or projects concerned require specific forms of assistance specifically available in such countries.
3. Taxes, duties and the purchase of immovable property shall not be funded by the Community.
4. In the case of cofinancing, the participation of third countries concerned in invitations to tender and contracts may be authorized by the Commission, but on a case-by-case basis. In these cases the participation of undertakings from third countries shall be acceptable only if reciprocity is granted.
Article 7
The principles governing the award of contracts by means of tendering, in particular restricted tendering, are contained in the Annex III, which may be modified by the Council, acting by qualified majority on a proposal by the Commission.
The Commission shall present to the Council a report on the implementation of these principles by 31 December 1997.
Article 8
1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission, to be known as the 'committee for assistance to the New Independent States and Mongolia` and hereinafter referred to as the 'committee`.
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 148 (2) of the EC Treaty 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 the measures envisaged if they are in accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
4. The committee may examine any other question relating to the implementation of this Regulation which may be put to it by its chairman, including at the request of the representative of a Member State, and, in particular, any question relating to general implementation, the administration of the programme, cofinancing and the coordination referred to in Article 9.
5. The committee shall adopt its rules of procedure by qualified majority.
6. The Commission shall keep the committee regularly informed, supplying specific, detailed information on the contracts awarded for the implementation of the projects and programmes. Moreover, for projects expected to be put out for restricted invitations to tender in accordance with Article 6 (2), the Commission shall, before drawing up short-lists, provide in good time advance information which shall include selection and evaluation criteria so as to facilitate participation by economic operators.
7. The European Parliament shall be kept regularly informed of the implementation of the Tacis programmes.
Article 9
The Commission shall, together with the Member States, ensure the effective coordination of the assistance efforts undertaken in the partner States by the Community and individual Member States on the basis of the information supplied by the Member States.
In addition, coordination and cooperation with the international financial institutions and other donors shall be encouraged.
In the framework of the assistance provided pursuant to this Regulation, the Commission shall promote cofinancing with public or private bodies in the Member States.
Article 10
Each year the Commission shall present a progress report on the implementation of the assistance programme. This report shall include an evaluation of the assistance already provided. The report shall be addressed to the Member States, the European Parliament, the Council and the Economic and Social Committee and the Committee of the Regions.
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.
Done at Luxembourg, 25 June 1996. | [
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COMMISSION REGULATION (EC) No 2853/95 of 11 December 1995 amending Regulation (EEC) No 1068/93 on detailed rules for determining and applying the agricultural conversion rates
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (1), as last amended by Regulation (EC) No 150/95 (2), and in particular Article 12 thereof,
Whereas Article 3 of Council Regulation (EC) No 1527/95 of 29 June 1995 regulating compensation for reductions in the agricultural conversion rates of certain national currencies (3) establishes a special rule for the agricultural conversion rates applicable to the amounts referred to in Article 7 of Regulation (EEC) No 3813/92; whereas, in order to implement that rule, it is necessary to specify the amounts of a structural or environmental nature which are concerned by the measure where they do not meet the criteria laid down in the first two indents of the first paragraph of Article 7; whereas those details may be added by means of a new provision in Commission Regulation (EEC) No 1068/93 (4), as last amended by Regulation (EC) No 1053/95 (5);
Whereas the amounts of a structural or environmental nature which are thus concerned are eligible for financing by the EAGGF, Guidance Section, or by the Financial Instrument for Fisheries Guidance, those referred to in Council Regulation (EEC) No 1992/93 of 19 July 1993 transferring the financing of certain aids provided for in Regulations (EEC) No 1096/88 and (EEC) No 2328/91 from the EAGGF Guidance Section to the EAGGF Guarantee Section and amending Regulation (EEC) No 2328/91 as regards part-financing of the system to encourage the set-aside of arable land (6), or, in other cases, must contribute to an agricultural or environmental investment; whereas amounts in the latter category are fixed by Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (7), as amended by Commission Regulation (EC) No 2772/95 (8), or by Council Regulation (EEC) No 2079/92 of 30 June 1992 instituting a Community aid scheme for early retirement from farming (9), as amended by Commission Regulation (EC) No 2773/95 (10) or by Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture (11), as amended by the Act of Accession of Austria, Finland and Sweden;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant Management Committees,
HAS ADOPTED THIS REGULATION:
Article 1
The following Article 18a is hereby added to Regulation (EEC) No 1068/93:
'Article 18a
For the purposes of applying Article 7 of Regulation (EEC) No 3813/92, amounts of a structural or environmental nature which are not:
- lump-sum aid per hectare or per sheep or cattle livestock unit, or
- a compensatory premium per ewe or goat,
shall be those eligible for financing by the EAGGF Guidance Section, or by the FIFG, those referred to in Council Regulation (EEC) No 1992/93 (*), or also those fixed by one of Council Regulations (EEC) No 2078/92 (**), (EEC) No 2079/92 (***) or (EEC) No 2080/92 (****).
(*) OJ No L 182, 24. 7. 1993, p. 12.
(**) OJ No L 215, 30. 7. 1992, p. 85.
(***) OJ No L 215, 30. 7. 1992, p. 91.
(****) OJ No L 215, 30. 7. 1992, p. 96.`
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 Brussels, 11 December 1995. | [
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COMMISSION DIRECTIVE 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 91/682/EEC of 19 december 1991 on the marketing of ornamental plant propagating material and ornamental plants(1) , and in particular Article 4 thereof,
Whereas, in applying the provisions of this Directive, it is appropriate to take into account the production cycles of the various materials;
Whereas, the conditions laid down in this Directive must be regarded as the minimum standard acceptable at this stage taking into account the current production conditions in the Community; whereas they will progressively be developed and refined, in order ultimately to achieve high standards of improved quality;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for propagating Materials and Ornamental Plants,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive establishes the schedules referred to in Article 4 of Directive 91/682/EEC including the requirements as to labelling referred to in the third paragraph of Article 11 of that Directive.
2. The schedule applies to the growing crop and ornamental propagating material (including rootstocks), and ornamental plants derived therefrom, of all the genera and species referred to in Annex to Directive 91/682/EEC, and to rootstocks of other genera and species referred to in Article 4 (2), irrespective of the propagation system applied, those items being hereinafter referred to as 'the material'.
3. The provisions of this Directive shall apply progressively, account being taken of the production cycles of the material referred to in paragraph 2.
Article 2
The material shall, where applicable, comply with the relevant plant health conditions laid down in Council Directive 77/93/EEC(2) .
Article 3
1. Without prejudice to the provisions of Article 2, the material must, at least on visual inspection, be substantially free from any harmful organisms and diseases impairing quality, or any signs or symptoms thereof, which reduce the usefulness of the propagating material or ornamental plants and in particular be free from those organisms and diseases listed in the Annex hereto in respect of the genus or species concerned.
2. Any material showing visible signs or symptoms of the harmful organisms or diseases referred to in paragraph 1 at the stage of the growing crop shall be properly treated immediately upon appearance or, where appropriate, shall be removed.
3. In the case of citrus material the following requirements shall also be met:
(i) it shall be derived from initial material which has been checked and found to show no symptoms of the relevant viruses, virus-like organisms or diseases listed in the Annex hereto;
(ii) it shall have been checked and found to be substantially free of such viruses, virus-like organisms or diseases since the beginning of the last cycle of vegetation; and
(iii) in the case of grafting, it shall have been grafted onto rootstocks other than those susceptible to viroids.
4. In the case of flower bulbs the following requirement shall also be met:
- the propagating material shall be derived directly from material which, at the stage of the growing crop, has been checked and found to be substantially free from any harmful organisms and diseases, signs or symptoms thereof referred to in paragraph 1 and in particular from those listed in the Annex hereto.
Article 4
1. The material shall have adequate identity and purity relative to the genus or species in question, or where appropriate, group of plants, and, where marketed or intended to be marketed with a reference to the variety pursuant to Article 9 (1) of Directive 91/682/EEC, shall also have identity and purity as to variety.
2. In the case of commonly known varieties referred to in the first indent of Article 9 (2) of Directive 91/682/EEC the official denomination of the variety shall be used by the supplier.
3. In the case of varieties which are already the subject of an application for plant breeders' rights or an official registration referred to in the first indent of Article 9 (2) of Directive 91/682/EEC, the breeders' reference or proposed name must be used until the authorization is granted.
4. In the case of varieties entered on lists kept by suppliers pursuant to the second indent of Article 9 (2) of Directive 91/682/EEC, the requirement referred to in paragraph 1 in respect of variety shall be based on the detailed descriptions given in the lists kept by suppliers.
Article 5
1. The material shall be substantially free from any defects likely to impair their quality as propagating or as planting material.
2. The vigour and dimensions of the material shall be satisfactory in respect of its usefulness as propagating material and ornamental plants. Furthermore, an appropriate balance shall be assured between the roots, stems and leaves.
3. In the case of seeds, in addition to the requirements in paragraph 1, the germination capacity shall be satisfactory.
Article 6
1. The supplier's document referred to in Article 11 of Directive 91/682/EEC shall be of suitable material which has not previously been used and shall be printed in at least one of the official languages of the Community. It shall contain the following information headings:
(i) indication 'EEC quality';
(ii) indication of EEC Member State code;
(iii) indication of responsible official body or its distinguishing code;
(iv) registration or accreditation number;
(v) name of supplier;
(vi) individual serial, week or batch number;
(vii) date of issue of the supplier's documents;
(viii) botanical name;
(ix) denomination of the variety, where appropriate. In the case of rootstock, denomination of the variety of its designation;
(x) denomination of the group of plants, where appropriate;
(xi) quantity;
(xii) in the case of imports from third countries pursuant to Article 16 (2) of Directive 91/682/EEC, the name of the country of harvesting.
2. In the case where the material is accompanied by a plant passport in accordance with Commission Directive 92/105/EEC(3) the plant passport may, if the supplier so wishes, constitute the supplier's document referred to in paragraph 1. Nonetheless, the indication 'EEC quality' and an indication as to the responsible official body under Directive 91/682/EEC must be given and a reference to the denomination of the variety, rootstock or group of plants. In the case of imports from third countries pursuant to Article 16 (2) of Directive 91/682/EEC, the name of the country of harvesting must also be given. This information may be on the same document as the plant passport but clearly separated.
Article 7
This Directive is without prejudice to the provisions laid down in Council Regulation (EEC) No 315/68(4) .
Article 8
1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 31 December 1993. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.
Article 9
This Directive is addressed to the Member States.
Done at Brussels, 23 June 1993. | [
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COUNCIL DIRECTIVE of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (77/799/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from 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 practices of tax evasion and tax avoidance extending across the frontiers of Member States lead to budget losses and violations of the principle of fair taxation and are liable to bring about distortions of capital movements and of conditions of competition ; whereas they therefore affect the operation of the common market;
Whereas, for these reasons the Council adopted on 10 February 1975 a resolution on the measures to be taken by the Community in order to combat international tax evasion and avoidance (3);
Whereas the international nature of the problem means that national measures, whose effect does not extend beyond national frontiers, are insufficient ; whereas collaboration between administrations on the basis of bilateral agreements is also unable to counter new forms of tax evasion and avoidance, which are increasingly assuming a multinational character;
Whereas collaboration between tax administrations within the Community should therefore be strengthened in accordance with common principles and rules;
Whereas the Member States should, on request, exchange information concerning particular cases ; whereas the State so requested should make the necessary enquiries to obtain such information;
Whereas the Member States should exchange, even without any request, any information which appears relevant for the correct assessment of taxes on income and on capital, in particular where there appears to be an artificial transfer of profits between enterprises in different Member States or where such transactions are carried out between enterprises in two Member States through a third country in order to obtain tax advantages, or where tax has been or may be evaded or avoided for any reason whatever;
Whereas it is important that officials of the tax administration of one Member State be allowed to be present in the territory of another Member State if both the States concerned consider it desirable; (1)OJ No C 293, 13.12.1976, p. 34. (2)OJ No C 56, 7.3.1977, p. 66. (3)OJ No C 35, 14.2.1975, p. 1.
Whereas care must be taken to ensure that information provided in the course of such collaboration is not disclosed to unauthorized persons, so that the basic rights of citizens and enterprises are safeguarded ; whereas it is therefore necessary that the Member States receiving such information should not use it, without the authorization of the Member State supplying it, other than for the purposes of taxation or to facilitate legal proceedings for failure to observe the tax laws of the receiving State ; whereas it is also necessary that the receiving States afford the information the same degree of confidentiality which it enjoyed in the State which provided it, if the latter so requires;
Whereas a Member State which is called upon to carry out enquiries or to provide information shall have the right to refuse to do so where its laws or administrative practices prevent its tax administration from carrying out these enquiries or from collecting or using this information for its own purposes, or where the provision of such information would be contrary to public policy or would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or where the Member State for which the information is intended is unable for practical or legal reasons to provide similar information;
Whereas collaboration between the Member States and the Commission is necessary for the permanent study of cooperation procedures and the pooling of experience in the fields considered, and in particular in the field of the artificial transfer of profits within groups of enterprises, with the aim of improving those procedures and of preparing appropriate Community rules,
HAS ADOPTED THIS DIRECTIVE:
Article 1
General provisions
1. In accordance with the provisions of this Directive the competent authorities of the Member States shall exchange any information that may enable them to effect a correct assessment of taxes on income and on capital.
2. There shall be regarded as taxes on income and on capital, irrespective of the manner in which they are levied, all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the disposal of movable or immovable property, taxes on the amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.
3. The taxes referred to in paragraph 2 are at present, in particular:
in Belgium:
Impôt des personnes physiques/Personenbelasting
Impôt des sociétés/Vennootschapsbelasting
Impôt des personnes morales/Rechtspersonenbelasting
Impôt des non-résidents/Belasting der niet-verblijfhouders
in Denmark:
Indkomstskaten til staten
Selsskabsskat
Den kommunale indkomstskat
Den amtskommunale indkomstskat
Folkepensionsbidragene
Sømandsskatten
Den særlige indkomstskat
Kirkeskatten
Formueskatten til staten
Bidrag til dagpengefonden
in Germany:
Einkommensteuer
Körperschaftsteuer
Vermögensteuer
Gewerbesteuer
Grundsteuer
in France:
Impôt sur le revenu
Impôt sur les sociétés
Taxe professionnelle
Taxe foncière sur les propriétés bâties
Taxe foncière sur les propriétés non bâties
in Ireland:
Income tax
Corporation tax
Capital gains tax
Wealth tax in Italy:
Imposta sul reddito delle persone fisiche
Imposta sul reddito delle persone giuridiche
Imposta locale sui redditi
in Luxembourg:
Impôt sur le revenu des personnes physiques
Impôt sur le revenu des collectivités
Impôt commercial communal
Impôt sur la fortune
Impôt foncier
in the Netherlands:
Inkomstenbelasting
Vennootschapsbelasting
Vermogensbelasting
in the United Kingdom:
Income tax
Corporation tax
Capital gains tax
Petroleum revenue tax
Development land tax
4. Paragraph 1 shall also apply to any identical or similar taxes imposed subsequently, whether in addition to or in place of the taxes listed in paragraph 3. The competent authorities of the Member States shall inform one another and the Commission of the date of entry into force of such taxes.
5. The expression "competent authority" means:
in Belgium:
De minister van financiën or an authorized representative
Le ministre des finances or an authorized representative
in Denmark:
Ministeren for skatter og afgifter or an authorized representative
in Germany:
Der Bundesminister der Finanzen or an authorized representative
in France:
Le ministre de l'économie or an authorized representative
in Ireland:
The Revenue Commissioners or their authorized representative
in Italy:
Il Ministro per le finanze or an authorized representative
in Luxembourg:
Le ministre des finances or an authorized representative
in the Netherlands:
De minister van financiën or an authorized representative
in the United Kingdom:
The Commissioners of Inland Revenue or their authorized representative
Article 2
Exchange on request
1. The competent authority of a Member State may request the competent authority of another Member State to forward the information referred to in Article 1 (1) in a particular case. The competent authority of the requested State need not comply with the request if it appears that the competent authority of the State making the request has not exhausted its own usual sources of information, which it could have utilized, according to the circumstances, to obtain the information requested without running the risk of endangering the attainment of the sought after result.
2. For the purpose of forwarding the information referred to in paragraph 1, the competent authority of the requested Member State shall arrange for the conduct of any enquiries necessary to obtain such information.
Article 3
Automatic exchange of information
For categories of cases which they shall determine under the consultation procedure laid down in Article 9, the competent authorities of the Member States shall regularly exchange the information referred to in Article 1 (1) without prior request.
Article 4
Spontaneous exchange of information
1. The competent authority of a Member State shall without prior request forward the information referred to in Article 1 (1), of which it has knowledge, to the competent authority of any other Member State concerned, in the following circumstances: (a) the competent authority of the one Member State has grounds for supposing that there may be a loss of tax in the other Member State;
(b) a person liable to tax obtains a reduction in or an exemption from tax in the one Member State which would give rise to an increase in tax or to liability to tax in the other Member State;
(c) business dealings between a person liable to tax in a Member State and a person liable to tax in another Member State are conducted through one or more countries in such a way that a saving in tax may result in one or the other Member State or in both;
(d) the competent authority of a Member State has grounds for supposing that a saving of tax may result from artificial transfers of profits within groups of enterprises;
(e) information forwarded to the one Member State by the competent authority of the other Member State has enabled information to be obtained which may be relevant in assessing liability to tax in the latter Member State.
2. The competent authorities of the Member States may, under the consultation procedure laid down in Article 9, extend the exchange of information provided for in paragraph 1 to cases other than those specified therein.
3. The competent authorities of the Member States may forward to each other in any other case, without prior request, the information referred to in Article 1 (1) of which they have knowledge.
Article 5
Time limit for forwarding information
The competent authority of a Member State which, under the preceding Articles, is called upon to furnish information, shall forward it as swiftly as possible. If it encounters obstacles in furnishing the information or if it refuses to furnish the information, it shall forthwith inform the requesting authority to this effect, indicating the nature of the obstacles or the reasons for its refusal.
Article 6
Collaboration by officials of the State concerned
For the purpose of applying the preceding provisions, the competent authority of the Member State providing the information and the competent authority of the Member State for which the information is intended may agree, under the consultation procedure laid down in Article 9, to authorize the presence in the first Member State of officials of the tax administration of the other Member State. The details for applying this provision shall be determined under the same procedure.
Article 7
Provisions relating to secrecy
1. All information made known to a Member State under this Directive shall be kept secret in that State in the same manner as information received under its domestic legislation.
In any case, such information: - may be made available only to the persons directly involved in the assessment of the tax or in the administrative control of this assessment,
- may in addition be made known only in connection with judicial proceedings or administrative proceedings involving sanctions undertaken with a view to, or relating to, the making or reviewing the tax assessment and only to persons who are directly involved in such proceedings ; such information may, however, be disclosed during public hearings or in judgements if the competent authority of the Member State supplying the information raises no objection,
- shall in no circumstances be used other than for taxation purposes or in connection with judicial proceedings or administrative proceedings involving sanctions undertaken with a view to, or in relation to, the making or reviewing the tax assessment.
2. Paragraph 1 shall not oblige a Member State whose legislation or administrative practice lays down, for domestic purposes, narrower limits than those contained in the provisions of that paragraph, to provide information if the State concerned does not undertake to respect those narrower limits.
3. Notwithstanding paragraph 1, the competent authorities of the Member State providing the information may permit it to be used for other purposes in the requesting State, if, under the legislation of the informing State, the information could, in similar circumstances, be used in the informing State for similar purposes.
4. Where a competent authority of a Member State considers that information which it has received from the competent authority of another Member State is likely to be useful to the competent authority of a third Member State, it may transmit it to the latter competent authority with the agreement of the competent authority which supplied the information.
Article 8
Limits to exchange of information
1. This Directive shall impose no obligation to have enquiries carried out or to provide information if the Member State, which should furnish the information, would be prevented by its laws or administrative practices from carrying out these enquiries or from collecting or using this information for its own purposes.
2. The provision of information may be refused where it would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy.
3. The competent authority of a Member State may refuse to provide information where the State concerned is unable, for practical or legal reasons, to provide similar information.
Article 9
Consultations
1. For the purposes of the implementation of this Directive, consultations shall be held, if necessary in a Committee, between: - the competent authorities of the Member States concerned at the request of either, in respect of bilateral questions,
- the competent authorities of all the Member States and the Commission, at the request of one of those authorities or the Commission, in so far as the matters involved are not solely of bilateral interest.
2. The competent authorities of the Member States may communicate directly with each other. The competent authorities of the Member States may by mutual agreement permit authorities designated by them to communicate directly with each other in specified cases or in certain categories of cases.
3. Where the competent authorities make arrangements on bilateral matters covered by this Directive other than as regards individual cases, they shall as soon as possible inform the Commission thereof. The Commission shall in turn notify the competent authorities of the other Member States.
Article 10
Pooling of experience
The Member States shall, together with the Commission, constantly monitor the cooperation procedure provided for in this Directive and shall pool their experience, especially in the field of transfer pricing within groups of enterprises, with a view to improving such cooperation and, where appropriate, drawing up a body of rules in the fields concerned.
Article 11
Applicability of wider-ranging provisions of assistance
The foregoing provisions shall not impede the fulfilment of any wider obligations to exchange information which might flow from other legal acts.
Article 12
Final provisions
1. Member States shall bring into force the necessary laws, regulations and administrative provisions in order to comply with this Directive not later than 1 January 1979 and shall forthwith communicate them to the Commission.
2. Member States shall communicate to the Commission the texts of any important provisions of national law which they subsequently adopt in the field covered by this Directive.
Article 13
This Directive is addressed to the Member States.
Done at Brussels, 19 December 1977. | [
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*****
COMMISSION REGULATION (EEC) No 2040/86
of 30 June 1986
laying down detailed rules for the application of the co-responsibility levy in the cereals sector
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 1579/86 (2), and in particular Article 4 (7) thereof,
Whereas Article 4 of Regulation (EEC) No 2727/75 provides for the introduction of a co-responsibility levy system applicable to cereals produced in the Community; whereas detailed rules of application should be adopted to implement that system;
Whereas cereals that undergo first-stage processing or are taken over by the intervention agency or exported as grain are to be subject to the co-responsibility levy; whereas a definition of first-stage processing should be given;
Whereas, in the case of first-stage processing, the persons liable for that levy and the intervals at which payments are to be transferred by the latter should be identified; whereas, in the other cases where the levy is payable, the deadline for collection should be fixed;
Whereas, in the case of resale of intervention stocks, provision must be made to ensure that the levy is not collected a second time;
Whereas only cereals produced in the Community are to be subject to the co-responsibility levy; whereas provision should therefore be made to exempt imported cereals which are re-exported or processed, subject to the presentation of certain evidence;
Whereas one of the objectives of the co-responsibility levy system is to make producers more aware of the realities of the market; whereas, to that end, the burden of the levy should be passed on to them; whereas an invoicing system which takes account of that requirement should accordingly be introduced; whereas the principle whereby the levy is to be passed on is to apply notwithstanding any contractual clause to the contrary;
Whereas the processors must keep accounts at the disposal of the national authorities in order to enable the latter to carry out effective controls;
Whereas, to ensure sound application of the levy system, further national measures appear to be necessary; whereas the Commission must be in a position to assess such measures at the earliest opportunity;
Whereas the Management Committee for Cereals has not given an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The co-responsibility levy referred to in Article 4 of Regulation (EEC) No 2727/75 shall be payable on cereals where they:
- enter into first-stage processing, or
- are taken over by intervention agencies, or
- are exported as grain to Portugal during the first stage or to third countries; 'export' shall mean the completion of customs export formalities.
When determining the quantities subject to the levy by virtue of first-stage processing, account shall be taken of the quantities of cereals entering the undertaking with a view to such processing.
2. For the purposes of this Regulation, 'first-stage processing' shall mean any treatment of grain such that the product obtained may no longer be classified under Chapter 10 of the Common Customs Tariff. Processing of cereals delivered or placed at the disposal of an undertaking by a producer with a view to subsequent utilization on his holding shall be considered first-stage processing.
First-stage processing operations carried out by a producer on his agricultural holding shall be exempt from the co-responsibility levy where the product obtained is used on that holding for animal feed.
Article 2
1. The levy shall be paid by operators who undertake processing within the meaning of Article 1 (2). The levy shall be paid to the competent body appointed for the purpose by each Member State, in respect of processing operations carried out in one month. Payment must be made by the end of the month following the said period at the latest. On each payment, a declaration in writing in accordance with the model set out in the Annex shall be forwarded to the competent authority.
2. In the case of intervention, the co-responsibility levy shall be collected at the time of payment of the buying-in price by the intervention agency.
3. In the case of export as grain, the co-responsibility levy shall be collected by the competent authorities by the end of the month following that in which export formalities are completed at the latest.
4. Before the 15th of each month, Member States shall notify the Commission of sums collected during the previous month, indicating the corresponding quantities of cereals subject to the co-responsibility levy.
Article 3
The co-responsibility levy may be collected once only in respect of one and the same quantity of cereals.
In the case of resale of intervention stocks, the intervention agency shall issue a certificate of eligibility for exemption from the co-responsibility levy for given quantities. Extracts of that certificate may be issued.
Article 4
Cereals imported from third countries or from Portugal and processed or re-exported to third countries or to Portugal shall be exempt from the co-responsibility levy. That exemption shall be depending upon submission of evidence that the product processed or re-exported is the same as the product previously imported.
Article 5
1. Operators who carry out the operations referred to in Article 1 (1) shall pass on the co-responsibility levy to their suppliers. The levy shall also be passed on at each transaction prior thereto, as far as supply by the producer.
Supporting documents for each of the transactions referred to in the first subparagraph shall indicate separately the amount of the levy deducted.
2. The levy shall also be passed on, as provided for in paragraph 1, in contracts concluded or executed prior to the marketing year during which the co-responsibility levy is collected.
Article 6
The operators referred to in Article 2 (1) shall keep accounts at the disposal of the competent national authority, indicating in particular:
(a) the names and addresses of the producers or operators who delivered cereal to them as grain;
(b) the quantities involved in the abovementioned deliveries;
(c) the amount of the co-responsibility levy deducted;
(d) the quantities of cereals processed, subject to and exempt from the levy.
Article 7
1. Member States shall take any additional measures required to ensure that the co-responsibility levy is collected in accordance with this Regulation, and in particular measures concerning controls. To that end Member States may draw up a list giving the names of the operators referred to in Article 2 (1).
2. Member States shall notify the Commission before 1 October 1986 of the measures referred to in paragraph 1.
Article 8
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 July 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1986. | [
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COMMISSION REGULATION (EC) No 2448/96 of 18 December 1996 adapting the Annexes to Council Regulation (EC) No 1256/96 applying a multiannual scheme of generalized tariff preferences from 1 July 1996 to 30 June 1999 in respect of certain agricultural products originating in developing countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1256/96 of 20 June 1996 applying a multiannual scheme of generalized tariff preferences from 1 July 1996 to 30 June 1999 in respect of certain agricultural products originating in developing countries (1), and in particular Articles 15 (3) and 18 thereof,
Whereas Article 15 (3) of Regulation (EC) No 1256/96 lays down the procedure for enacting changes to Annexes I, II and VI thereof made necessary by amendments to the combined nomenclature, whereas the combined nomenclature for 1997 annexed to Commission Regulation (EC) No 1734/96 (2) embodies new elements which affect the lists appearing in Annexes I and VI of Regulation (EC) No 1256/96, and it is therefore appropriate to adapt those Annexes accordingly;
Whereas the provisions of this Regulation are in accordance with the opinion of the Committee of Generalized Preferences,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and VI of Regulation (EC) No 1256/96 shall be adapted as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1996. | [
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*****
COMMISSION REGULATION (EEC) No 1376/84
of 17 May 1984
re-establishing the levying of customs duties on certain artificial flowers, foliage or fruit and parts thereof, falling within heading No 67.02 and originating in Hong Kong, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3569/83 apply
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3569/83 of 16 December 1983 applying generalized tariff preferences for 1984 in respect of certain industrial products originating in developing countries (1), and in particular Article 13 thereof,
Whereas, pursuant to Article 1 of that Regulation, duties on the products listed in Annex B originating in each of the countries or territories listed in Annex C shall be totally suspended and the products as such shall, as a general rule, be subject to statistical surveillance every three months on the reference base referred to in Article 12; whereas, as provided for in Article 12, where the increase of preferential imports of these products, originating in one or more beneficiary countries, causes, or threatens to cause, economic difficulties in the Community or in a region of the Community, the levying of customs duties may be re-established once the Commission has had an appropriate exchange of information with the Member States; whereas for this purpose the reference base to be considered shall be, as a general rule, 150 % of the highest maximum amount valid for 1980;
Whereas, in the case of certain artificial flowers, foliage or fruit and parts thereof falling within heading No 67.02, the reference base is fixed at 3 526 200 ECU; whereas, on 16 May 1984, imports of these products into the Community, originating in Hong Kong, reached the reference base in question after being charged thereagainst; whereas the exchange of information organized by the Commission has demonstrated that continuance of the preference threatens to cause economic difficulties in a region of the Community; whereas, therefore, customs duties in respect of the products in question must be re-established against Hong Kong,
HAS ADOPTED THIS REGULATION:
Article 1
As from 21 May 1984, the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3569/83, shall be re-established on imports into the Community of the following products originating in Hong Kong:
// // // CCT
heading
No
// Description
// // // 67.02
(NIMEXE codes
67.02-11, 19, 20) // Artificial flowers, foliage or fruit and parts thereof; articles made of artificial flowers, foliage or fruit:
A. Artificial flowers, foliage or fruit and parts thereof:
I. Parts
II. Other
B. Articles made of artificial flowers, foliage or fruit // // 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 DECISION of 29 July 1996 establishing the list of milk-based products in respect of which Member States are authorized to grant individual or general derogations pursuant to Article 8 (2) of Directive 92/46/EEC and the nature of the derogations applicable to the manufacture of such products (Text with EEA relevance) (96/536/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 8 (2) thereof,
Whereas Member States have transmitted to the Commission the list of products in respect of which they are requesting application of the first subparagraph of Article 8 (2) of the above Directive, and the nature of the derogations requested;
Whereas for the purposes of this Decision it is necessary to define the term milk-based products with traditional characteristics as used in Article 8 (2) of Directive 92/46/EEC;
Whereas certain requirements of that Directive are likely to affect the production of such milk-based products with traditional characteristics;
Whereas, given the diverse nature of the derogations provided for in Article 8 (2) of that Directive, it is necessary to set general or specific conditions applicable to each product with due regard to public health risks;
Whereas the derogations requested by Member States are from rules relating to raw milk, materials coming into contact with products, ripening cellars and finished products;
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
For the purposes of Article 8 (2) of Directive 92/46/EEC and of this Decision, milk-based products with traditional characteristics shall mean milk-based products which are:
- recognized historically,
or
- manufactured according to technical references or production methods codified or registered in the Member State in which the product is traditionally manufactured,
or
- protected by a national, regional or local law in the Member State in which the product is traditionally manufactured.
Article 2
Member States are hereby authorized to grant to establishments manufacturing certain milk-based products with traditional characteristics individual or general derogations to the requirements set out in Annex B, Chapter I, point 6 and Annex C, Chapter III, point 2 to Directive 92/46/EEC as regards the nature of the materials composing the instruments and equipment specific to the preparation, packaging and wrapping of these products.
Such instruments and equipment must, however, be constantly maintained in a satisfactory state of cleanness and be regularly cleaned and disinfected.
The list of products covered by this Article is set out in the Annex to this Decision.
Article 3
Member States are hereby authorized to grant to establishments manufacturing cheeses with traditional characteristics, as defined in Article 1, individual or general derogations to the requirements set out in Annex B, Chapter I, point 2 (a), (b), (c) and (d) to Directive 92/46/EEC as regards ripening cellars or rooms for such products.
Such ripening cellars or rooms may comprise natural geological walls and walls, floors, ceilings and doors that are not smooth, impermeable, durable, covered with a light-coloured coating or of non-corrodible materials. The frequency and nature of cleaning and disinfecting measures in such cellars and rooms will be adjusted to this type of activity in order to take account of their specific ambient flora.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 29 July 1996. | [
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*****
COMMISSION DECISION
of 2 April 1982
on the implementation of the reform of agricultural structures in the United Kingdom pursuant to Title II of Council Directive 75/268/EEC
(Only the English text is authentic)
(82/257/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (1), as last amended by Directive 81/528/EEC (2), and in particular Article 18 (3) thereof,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (3), as last amended by Directive 80/666/EEC (4), and in particular Article 13 thereof,
Whereas on 2 October 1981 the Government of the United Kingdom notified, pursuant to Article 17 (4) of Directive 72/159/EEC and Article 13 of Directive 75/268/EEC, Statutory Instrument 1979 No 941: The Hill Livestock (Compensatory Allowances) (Amendment) Regulation 1979;
Whereas under Article 18 (3) of Directive 72/159/EEC the Commission has to decide whether, having regard to the Regulation notified, the existing provisions in the United Kingdom for the implementation of Directive 75/268/EEC continue to satisfy the conditions for financial contribution by the Community to common measure within the meaning of Article 13 of Directive 75/268/EEC;
Whereas the increase in the compensatory allowance for one year under Statutory Instrument 1979 No 941 has been modified to a permanent increase by Statutory Instrument 1979 No 1748 (5);
Whereas the abovementioned provisions satisfy the conditions and objectives of Directive 75/268/EEC;
Whereas the 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
Statutory Instrument 1979 No 941: The Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1979, notified on 2 October 1981 by the United Kingdom, satisfies the conditions for financial contribution by the Community to common measure within the meaning of Article 13 of Directive 75/268/EEC.
Article 2
This Decision is addressed to the United Kingdom.
Done at Brussels, 2 April 1982. | [
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COMMISSION DECISION
of 4 October 2006
relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement
(Case COMP/C2/38.681 - The Cannes Extension Agreement)
(notified under document number C(2006) 4350)
(Only the English, French and German texts are authentic)
(Text with EEA relevance)
(2007/735/EC)
On 4 October 2006 the Commission adopted a Decision relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the Decision, having regard to the legitimate interest of undertakings in the protection of their business interests. A non-confidential version of the full text of the Decision can be found in the authentic languages of the case, which are in this case the same as the Commission’s working languages, at Directorate-General for Competition’s website at the following address: http://ec.europa.eu/comm/competition/antitrust/cases/index/by_nr_77.html#i38_681
(1)
This Decision is addressed to Elliniki Etairia Prostasias tis Pneymatikis Idioktisias A.E. (AEPI), Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte m.b.H. (AustroMechana), BMG Music Publishing International Ltd, Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA), Mechanical-Copyright Protection Society Limited (MCPS), Mechanical-Copyright Protection Society Ireland (MCPSI), Nordic Copyright Bureau (NCB), Société Belge des Auteurs Compositeurs et Editeurs (SABAM), Société pour l’Administration du Droit de Reproduction Mécanique des Auteurs, Compositeurs et Editeurs (SDRM), Sociedad General Autores y Editores (SGAE), Società Italiana degli Autori ed Editori (SIAE), Sony/ATV Music Publishing Europe, Sociedade Portuguesa de Autores (SPA), Stichting Stemra (STEMRA), Schweizerische Gesellschaft für die Rechte der Urheber musikalischer Werke (SUISA), Universal Music Publishing Group and Warner Chappell Music Ltd, hereafter referred to as ‘the parties to the Cannes Extension Agreement’.
(2)
The subject matter of the procedure was the Cannes Extension Agreement, an agreement among the 18 companies (13 of which are copyright collecting societies managing mechanical copyright in music and five major music publishers, members of these collecting societies) concerning the relations between them in the management of mechanical copyright of music licensed to record companies for the reproduction of sound recordings on physical carriers. In its preliminary assessment, the Commission expressed concerns under Article 81 of the EC Treaty and 53 of the EEA Agreement about two clauses of the Cannes Extension Agreement. The first was a clause that provided that before granting a rebate to a record company in the context of a Central Licensing Agreement, a collecting society needed the written consent of ‘the relevant member’. The second was a clause that provided that collecting societies may never enter either the music publishing or the record production markets. The Commission’s competition concerns were that the first clause could have the effect of making it very difficult or even impossible for collecting societies to grant rebates to record companies and that the second clause could prevent potential competition by collecting societies in the music publishing and record production markets.
(3)
The Commission considers that the commitments offered by the parties to the Cannes Extension Agreement are sufficient to address the identified competition concerns. In particular the parties have reformulated the clause referring to rebates to the effect that a collecting society may decide to offer a rebate paid out of the administrative expenses that it retains from royalties due to its members by a simple decision of its competent body with no need to obtain the written consent of the ‘relevant member’. The parties have deleted the clause preventing collecting societies from entering the music publishing and the record production markets and have undertaken not to enter into a similar agreement in the future.
(4)
The decision finds, in view of the commitments made binding on the parties to the Cannes Extension Agreement, that there are no longer grounds for action by the Commission.
(5)
The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 18 September 2006. | [
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COMMISSION REGULATION (EC) No 288/2009
of 7 April 2009
laying down detailed rules for applying Council Regulation (EC) No 1234/2007 as regards Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products to children in educational establishments, in the framework of a School Fruit Scheme
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), and in particular Article 103h(f) in conjunction with Article 4 thereof,
Whereas:
(1)
Council Regulation (EC) No 13/2009 (2) has amended Regulation (EC) No 1234/2007, in order to provide for Community aid under a School Fruit Scheme to supply fruit and vegetables, processed fruit and vegetables and banana products to children in regular attendance at one of the educational establishments administered or recognised by the competent authorities of a Member State.
(2)
In order to ensure the orderly implementation of their School Fruit Scheme, Member States wishing to participate in the Scheme, at national or regional level, should draw up a prior strategy for its implementation. So as to ensure the added value of School Fruit Schemes set up under this Regulation, Member States should explain in their strategy how they will guarantee the added value of their scheme, especially where regular school meals are consumed at the same time as products financed under their School Fruit Scheme. Where Member States choose to implement more than one Scheme, they should draw up a strategy for each such Scheme.
(3)
A Member State's strategy should contain the key elements referred to in Article 103ga(2) of Regulation (EC) No 1234/2007, namely the budget of its scheme, including the Community and national contribution, its duration, target group, eligible products and the involvement of relevant stakeholders, such as educational and health authorities, the private sector or the children's parents. A Member State's strategy should also describe the accompanying measures that should be adopted so as to ensure the Scheme's effectiveness.
(4)
Pursuant to Article 152(1) of the Treaty, a high level of health should be ensured in the definition and implementation of all Community policies. So as to ensure that the products eligible for aid offer a high level of health protection to children and to promote healthy eating habits, the Member States should exclude products with added sugar, fat, salt or sweeteners from their strategy, except where, in duly justified cases, Member States provide in their strategy that such products may be eligible under their scheme. In all cases, a Member State's list of eligible products should be endorsed by the competent national health authority.
(5)
School Fruit Schemes require accompanying measures in order to be effective. Accompanying measures should not be limited to certain geographical areas or educational establishments, excluding certain children from their scope. Therefore, Member States should aim to give most children of their scheme's target group access to accompanying measures.
(6)
In the interest of sound administration and budget management, Member States implementing a School Fruit Scheme should apply for Community aid on an annual basis.
(7)
For the sake of transparency, an indicative allocation of Community aid per Member State, calculated on the basis of the allocation key referred to in Article 103ga(5) of Regulation (EC) No 1234/2007, should be provided for. In order to take demographic developments into account, the Commission should assess at least every three years whether that allocation is still up to date.
(8)
In order to maximise the full potential of available funds, Community aid that was indicatively attributed to Member States which did not notify their strategy to the Commission in time should be reallocated between the participating Member States that notified the Commission their willingness to use more than their initial allocation of Community aid.
(9)
Not only costs incurred for purchasing fruit and vegetables, processed fruits and vegetables and banana products, but also some related costs that are directly linked to the implementation of a School Fruit Scheme, should be eligible for Community aid, if provided for in a Member State's strategy. However, in order to preserve the effectiveness of the Scheme, only a small percentage of aid should be allocated to these related costs. For financial management and control purposes, these costs should represent fixed amounts, calculated on a pro rata basis.
(10)
In the interest of sound administration, budget management and supervision, the conditions for granting aid, the approval of aid applicants and the conditions for a valid aid application should be specified. As regards the payment of the aid, the requirements to be met by applicants should be specified and rules on the lodging of applications, on the checks and sanctions to be applied by the competent authorities and on the payment procedure should be laid down.
(11)
To protect the Community's financial interests, adequate control measures should be adopted to combat irregularities and fraud. These control measures should involve full administrative checking supplemented by on-the-spot checks. The scope, content, timing and reporting of such control measures should be specified so as to ensure an equitable and uniform approach between Member States, taking account of their different implementation of the scheme.
(12)
Amounts unduly paid should be recovered and sanctions should be determined in order to deter applicants from fraudulent behaviour and serious negligence.
(13)
In order to assess the effectiveness of the School Fruit Scheme, and to allow peer review and the exchange of best practices, Member States should monitor and evaluate the implementation of their School Fruit Scheme on a regular basis and send their results and findings to the Commission. Where fruit and vegetables, processed fruit and vegetables and banana products are not distributed free of charge to the target group of their scheme, Member States should assess the impact of a parental contribution on the effectiveness of their Scheme.
(14)
Experience has shown that the beneficiaries of projects co-financed with Community aid are not always sufficiently aware of the role played by the Community in the relevant project. The role of the Community in the School Fruit Scheme should therefore be clearly indicated in each participating educational establishment.
(15)
In order to allow the Member States sufficient time to set up their School Fruit Scheme, or to align their existing scheme with the new provisions, Member States may elaborate a strategy which contains only the main key element for the initial period from 1 August 2009 to 31 July 2010. They should also be able to postpone the adoption of accompanying measures during that transitional period.
(16)
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
Scope and use of terms
1. This Regulation lays down rules for implementing for Regulation (EC) No 1234/2007 as regards Community aid for supplying fruit and vegetables, processed fruit and vegetables and banana products and for certain related costs to children in educational establishments, in the framework of a School Fruit Scheme.
2. Terms used in this Regulation shall have the same meaning as when used in Regulation (EC) No 1234/2007, unless this Regulation provides otherwise.
Article 2
Target group
The aid referred to in Article 103ga of Regulation (EC) No 1234/2007 shall be targeted at children in regular attendance at any of the educational establishments administered or recognised by the competent authorities of a Member State.
Article 3
Strategy
1. Member States wishing to set up a School Fruit Scheme shall draw up the strategy referred to in Article 103ga(2) of Regulation (EC) No 1234/2007.
2. A Member State's strategy shall not cover products that are listed in Annex I to this Regulation. However, in duly justified cases, such as where a Member State wants to ensure a broad assortment of products under its scheme or wants to make its scheme more attractive, a strategy may provide that such products may become eligible, if only limited amounts of the substances referred to in that Annex are added.
Member States shall ensure that their competent health authorities endorse the list of products that shall be eligible under their School Fruit Scheme.
3. Member States shall explain in their strategy how they will guarantee the added value of their School Fruit Scheme, especially where their strategy allows the consumption of regular school meals at the same time as products financed under their School Fruit Scheme. They shall describe their control measures in their strategy.
4. Member States shall describe in their strategy which accompanying measures they will adopt to ensure the successful implementation of their scheme. Those measures may focus on improving the target group's knowledge on the fruit and vegetable sector or healthy eating habits, such as the development of websites or the organisation of farm visits or gardening sessions.
5. Member States may choose the appropriate geographical and administrative level at which they wish to implement a ‘School Fruit Scheme’. If they choose to implement more than one scheme, they shall provide a strategy for each scheme. A Member State which implements multiple schemes may establish a coordination framework.
Article 4
Aid for the supply of fruit and vegetables, processed fruit and vegetables and banana products to children
1. Member States setting up a School Fruit Scheme may apply for the aid referred to in Article 103ga of Regulation (EC) No 1234/2007 for a period running from 1 August to 31 July of one or more years, by notifying their strategy to the Commission by 31 January of the year in which that period starts.
2. Member States that already have a school fruit scheme, or other school distribution schemes that include fruit, prior to the entry into force of this Regulation shall qualify for Community aid subject to the conditions set out in Article 103ga(6) of Regulation (EC) No 1234/2007. They shall notify their strategy to the Commission by the deadline provided for in paragraph 1.
3. Annex II to this Regulation provides for an indicative allocation of Community aid per Member State, calculated on the basis of the allocation key referred to in Article 103ga(5) of Regulation (EC) No 1234/2007. The Commission shall assess at least every three years whether Annex II is still consistent with that allocation key.
4. The allocations of Community aid reserved for Member States that did not notify the Commission by 31 January of the year in which the period referred to in paragraph 1 starts, or that requested only part of their initial allocation, shall be reallocated among the participating Member States which notified the Commission, by the deadline referred to in paragraph 1, of their willingness to use more than their initial allocation of Community aid.
The reallocation of Community aid referred to in the first subparagraph shall be implemented in proportion to the initial allocation of the Member State, calculated on the basis of the allocation key referred to in Article 103ga(5) of Regulation (EC) No 1234/2007.
The Commission shall decide on the definitive allocation of Community aid to the Member States by 31 March of the year in which the period referred to in paragraph 1 starts.
Article 5
Eligible costs
1. The following costs are eligible for the Community aid referred to in Article 103ga of Regulation (EC) No 1234/2007:
(a)
costs for fruits and vegetables, processed fruit and vegetables and banana products covered by the School Fruit Scheme referred to in Article 3(1) and delivered to the educational establishment.
(b)
related costs, which are costs that are directly linked to the implementation of a School Fruit Scheme and shall only include:
(i)
costs for purchasing, renting, hiring and leasing of equipment, if provided for in the strategy;
(ii)
costs for monitoring and evaluation referred to in Article 12, which shall be directly linked to the School Fruit Scheme;
(iii)
costs for communication, which shall include costs for the poster referred to in Article 14(1).
Where costs for transport and distribution of the products covered by a School Fruit Scheme are invoiced separately, such costs shall not exceed 3 % of the costs for the products.
Where products are supplied free of charge to educational establishments, Member States may accept invoices for transport and distribution, subject to a ceiling set in the strategy of the Member State.
The costs for communication referred to in point (b)(iii) of the first subparagraph may not be financed under other Community aid schemes.
2. The total amount for costs under points (b)(i) and (iii) of the first subparagraph of paragraph 1 shall represent a fixed amount and be subject to a ceiling not exceeding 5 % of the Member State's envelope of Community aid, following the definitive allocation of Community aid referred to in Article 4(4).
For the year in which the evaluation exercise pursuant to Article 12 takes place, the total amount for costs under points (b)(i) and (ii) of the first subparagraph of paragraph 1 shall not exceed 10 % of the Member State's envelope of Community aid for the year in which the evaluation takes place, following the definitive allocation of Community aid referred to in Article 4(4).
Article 6
General conditions for granting the aid
1. Member States shall ensure that the aid provided for under their strategy shall be distributed to the aid applicants where these applicants have made a valid aid application to their competent authorities. An aid application shall only be valid if lodged by an applicant which has been approved for that purpose by the competent authorities of the Member State in which the educational establishment to which the products are supplied is located.
2. Member State may select aid applicants from among the following bodies:
(a)
educational establishments;
(b)
educational authorities in respect of the products distributed to the children within their area;
(c)
suppliers and/or distributors of the products;
(d)
organisations acting on behalf of one or more educational establishments or educational authorities and specifically established for that purpose;
(e)
any other public or private body to manage:
(i)
the distribution of fruit and vegetables, processed fruit and vegetables and banana products to educational establishments in the framework of a School Fruit Scheme set up under, or aligned with, this Regulation;
(ii)
the evaluation and/or communication.
Article 7
General conditions for approval of aid applicants
Approval shall be conditional on the following written commitments by the applicant to the competent authority:
(a)
to use products financed under a School Fruit Scheme set up under, or aligned with, this Regulation for consumption by the children of its educational establishment or of the establishments in respect of which it will apply for aid;
(b)
to repay any aid unduly paid for the quantities concerned, if it has been found that these products have not been distributed to the children referred to in Article 2 or have been paid for products that are not eligible under this Regulation;
(c)
in case of fraud or serious negligence, to pay an amount equal to the difference between the amount initially paid and the amount to which the applicant is entitled;
(d)
to make supporting documents available to the competent authorities at their request;
(e)
to submit to any check decided on by the competent authority of the Member State, in particular the scrutiny of records and physical inspection.
Member States may make approval conditional on additional written commitments by the applicant to the competent authority.
Article 8
Specific conditions for the approval of certain applicants
If the aid is applied for by an applicant referred to in points (c) to (e) of Article 6(2), the applicant shall make a written commitment, in addition to those referred to in Article 7, to keep records of the names and addresses of the educational establishments or, where appropriate, educational authorities and the products and quantities sold or supplied to these establishments or authorities.
Article 9
Suspension and withdrawal of approval
If it is found that an applicant for aid no longer meets the conditions laid down in Articles 6, 7 and 8, or any other obligation under this Regulation, approval shall be suspended for a period of between one and twelve months or be withdrawn, depending on the seriousness of the irregularity. Such action shall not be taken in cases of force majeure or if the Member State finds that the irregularity was not committed deliberately or by negligence or was of minor importance. Approval, once withdrawn, may be restored at the applicant's request after a minimum period of 12 months.
Article 10
Aid applications
1. Aid applications shall be made in a manner which shall be specified by the competent authority of the Member State and shall include at least the following information:
(a)
the quantities distributed;
(b)
the name and address or identification number of the educational establishment or educational authority to which the information referred to in point (a) relates; and
(c)
the number of children in the respective educational establishment of the target group as identified in the strategy of the Member State.
2. Member States shall specify the frequency of applications in line with their strategy, but aid application periods shall not cover more than 5 months. If the scheme runs during more than 6 months of the period referred to in Article 4(1), the total number of aid applications per period shall be at least three.
3. Except in cases of force majeure, aid applications shall, in order to be valid, be correctly filled in and be lodged by the last day of the third month following the end of the period to which they relate.
4. The amounts shown in the application shall be supported by documentary evidence held available for the competent authorities. This evidence shall show the price of the delivered products and shall be receipted or accompanied by proof of payment.
Article 11
Payment of the aid
1. As regards suppliers, organisations or bodies referred to in points (c) to (e) of Article 6(2), aid shall only be paid:
(a)
on presentation of a receipt for the quantities actually delivered; or
(b)
on the basis of the report of an inspection made by the competent authority before final payment of the aid, establishing that the payment requirements have been met; or
(c)
if the Member State so authorises, on presentation of alternative proof that the quantities delivered for the purposes of this Regulation have been paid for.
2. The aid shall be paid by the competent authority within three months of the day of lodging of the correctly filled and valid aid application. The Member States shall determine the form and content of a valid aid application.
3. If the time limit referred to in Article 10(3) is overrun by less than two months the aid shall still be paid but reduced:
(a)
by 5 % if the overrun is one month or less;
(b)
by 10 % if the overrun is more than a month but less than two months.
Once the time limit referred to in Article 10(3) is overrun by two months, the aid shall be reduced by 1 % per additional day.
Article 12
Monitoring and evaluation
1. Member States shall monitor the implementation of their School Fruit Scheme on an annual basis. Monitoring shall draw upon the data originating from management and control obligations, including those set out in Articles 10 and 11. Member States shall provide for adequate structures and forms to ensure regular monitoring of programme implementation.
2. Member States shall evaluate the implementation of their School Fruit Scheme and assess its effectiveness. For the period running from 1 August 2010 to 31 July 2011, Member States shall notify the results of their evaluation exercise to the Commission by 29 February 2012. For subsequent periods, Member States shall evaluate the implementation of their scheme at least every five years and notify their results every five years following that date.
3. Where a Member State does not notify the results of its evaluation exercise by the date referred to in paragraph 2, or every five years following that date, the amount of the next allocation will be reduced as follows:
(a)
by 5 % if the delay is one month or less;
(b)
by 10 % if the delay is more than one month but less than two months.
Once the time limit referred to in subparagraph 1 is delayed by two months, the aid shall be reduced by 1 % per additional day.
Article 13
Controls and sanctions
1. Member States shall take all necessary measures to ensure compliance with this Regulation. These measures shall include full administrative checking of aid applications, which shall be supplemented by on-the-spot checks as specified in paragraphs 2 to 8.
2. Administrative checks shall be conducted on all aid applications and shall include checking of supporting documents as defined by the Member States, relating to product delivery. The administrative checks shall be supplemented by on-the-spot checks carried out in particular on:
(a)
the records referred to in Article 8, including financial records such as purchase and sales invoices and bank extracts;
(b)
use of the subsidised products in accordance with this Regulation, particularly if there are grounds for suspecting any irregularity.
3. The total number of on-the-spot checks carried out in respect of each period running from 1 August to 31 July shall cover at least 5 % of the aid distributed at national level and at least 5 % of all the applicants referred to in Article 6.
When the number of applicants in a Member State is less than hundred, the on-the-spot checks shall be carried out on the premises of five applicants.
When the number of applicants in a Member State is less than five, 100 % of the applicants shall be controlled.
4. On-the-spot checks shall be conducted throughout the period from 1 August to 31 July and shall cover a period of at least the previous twelve months.
5. The applicants subjected to on-the-spot checks shall be selected by the competent control authority taking due account of the different geographical areas, and on the basis of a risk analysis taking into consideration in particular the recurrent nature of errors and the findings of checks carried out in past years. The risk analysis shall also take account of the different amount of aid involved and type of applicants referred to in Article 6(2).
6. In cases where the applicant referred to in points (b) to (e) of Article 6(2) applies for the aid, the on-the-spot check carried out on the premises of the applicant shall be supplemented by on-the-spot checks on the premises of at least two educational establishments or at least of 1 % of the educational establishments stated on the applicant's roll, whichever is the greater.
7. Provided that the purpose of the control is not jeopardised, advance notice, strictly limited to the minimum time period necessary, may be given.
8. The competent control authority shall draw up a control report on each on-the-spot check. The report shall describe precisely the different items controlled.
The control report shall be divided into the following parts:
(a)
a general part containing, in particular, the following information:
(i)
the scheme, the period covered, the controlled aid applications, the quantities of products covered under the School Fruit Scheme, the participating educational establishments an estimate based on the available data of the number of children for which the aid was paid and the financial amount involved;
(ii)
the responsible persons present;
(b)
a part describing separately the checks carried out and containing, in particular, the following information:
(i)
the documents checked;
(ii)
the nature and extent of checks carried out;
(iii)
remarks and findings.
9. For recovery of unduly paid amounts, Article 73(1), (3), (4) and (8) of Commission Regulation (EC) No 796/2004 (3) shall apply mutatis mutandis.
10. Without prejudice to Article 9, in case of fraud or serious negligence for which he/she is responsible, the applicant shall, in addition to the recovery of unduly paid amounts in accordance with paragraph 9 of this Article, pay an amount equal to the difference between the amount initially paid and the amount the applicant is entitled to.
Article 14
European ‘School Fruit Scheme’ poster
1. Member States participating in the European ‘School Fruit Scheme’ shall communicate to the public that the scheme has received financial support from the European Community. In this respect, Member States may make use of a poster produced in accordance with the minimum requirements laid down in Annex III, which shall be permanently situated at a clearly visible and legible place at the main entrance of the participating educational establishment.
2. Where Member States decide not to make use of the poster referred to in paragraph 1, they shall clearly explain in their strategy how they will inform the public about the European Community's financial contribution to their scheme. Posters, websites or any other instrument of information or publicity on a Member State's School Fruit Scheme shall in any event exhibit the European flag and the following sentence: ‘Our (type of educational establishment) participates in the European “School Fruit Scheme” with the financial support of the European Community.’
3. References to the financial contribution made available by the European Community shall receive at least the same visibility as contributions from other private or public entities supporting a Member State's scheme.
Article 15
Notifications
1. Member States shall make the notifications referred to in Article 4(1) and (2) to the Commission, by 31 January of the year in which the period mentioned in Article 4(1) starts. These notifications shall be sent by e-mail to [email protected], in a format to be decided by the Commission.
Starting from 2010, Member States shall notify the Commission each year, following the end of the period referred to in Article 4(1) by 30 November of the year in which the period mentioned in Article 4(1) ends:
(a)
the results of the monitoring exercise, where provided for under Article 12;
(b)
the on-the-spot checks carried out pursuant to Articles 13 and 16 and the related findings.
2. The form and content of the notifications mentioned in paragraph 1 shall be defined on the basis of guidance made available by the Commission to the Member States. Those models shall not apply until the Management Committee for Common Organisation of Agricultural Markets has been informed.
3. The Commission shall publish the Member States' strategies and the results of their monitoring and evaluation exercise on a regular basis.
4. Where a Member State changes the strategy referred to in Article 3, it shall notify the Commission without delay of its new strategy, by e-mail to the address referred to in the first subparagraph of paragraph 1.
Article 16
Transitional provisions
1. For the period running from 1 August 2009 to 31 July 2010, Member States may draw up a strategy which contains only the following key elements: budget, target group and eligible products and, by derogation from Article 3(2), abstain from having their list of eligible products endorsed by their competent health authorities. They may also postpone the implementation of accompanying measures until the end of that period.
2. For the period referred to in paragraph 1, and by way of derogation from Article 4(1) and (2), Member States may notify their strategy by 31 May 2009, whereas the Commission shall only decide on the definitive allocation of Community aid by 31 July 2009.
3. For the period referred to in paragraph 1, and by way of derogation from Article 11(2), aid shall be paid by the competent authority within four months of the day of lodging of the correctly filled and valid application referred to in Article 6(1), while the percentage of the on-the-spot checks referred to in Article 13(3) shall cover at least 10 % of the aid and 10 % of the aid applicants.
Article 17
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 15 April 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 April 2009. | [
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*****
COMMISSION DIRECTIVE
of 14 July 1988
amending the Annexes to Council Directive 70/524/EEC concerning additives in feedingstuffs
(88/483/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Commission Directive 88/228/EEC (2), and in particular Article 7 thereof,
Whereas Directive 70/524/EEC provides for regular amendment of the content of its Annexes to take account of advances in scientific and technical knowledge; whereas the Annexes were consolidated by Commission Directive 85/429/EEC (3);
Whereas the list of cases provided for in Annex I where bentonite-montmorillonite may, without risk of interaction, be mixed with antibiotics, coccidiostats and other medicinal substances should be supplemented;
Whereas perlite, used as an anticaking agent, complies in every respect with the principles governing the admission of additives; whereas it is desirable therefore to authorize its use throughout the Community;
Whereas Commission Regulations (EEC) No 368/77 (4) and (EEC) No 443/77 (5), as last amended by Regulations (EEC) No 222/88 (6) and (EEC) No 1413/87 (7) respectively, provide for the use of certain iron and copper compounds for denaturing skimmed-milk powder used for the nutrition of animals with the exception of young calves; whereas it is necessary therefore to adapt Annex I to Directive 70/524/EEC;
Whereas the investigation of the growth promotor 'Nitrovin' currently listed in Annex II and therefore authorizable at national level has not yet been completed; whereas, therefore, the period of authorization of this substance should be extended for a specific period;
Whereas the use of a new coccidiostat, maduramicin ammonium, has been successfully tested in certain Member States; whereas this new additive should be provisionally authorized at national level until such time as it is permitted at Community level;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes to Directive 70/524/EEC are hereby amended as set out in the Annex hereto.
Article 2
Member States shall, by 30 June 1989 at the latest, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 14 July 1988. | [
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COMMISSION DECISION of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for Guernsey (Only the English text is authentic)
(93/58/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), and in particular Article 10 thereof,
Whereas Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products (2), as amended by Regulation (EEC) No 1174/86 (3) lays down that the veterinary legislation shall apply to these Islands under the same conditions as in the United Kingdom for the products imported into the islands or exported from the islands to the Community;
Whereas Member States may submit to the Commission a programme designed to enable them, with regard to certain diseases affecting molluscs, to obtain the status of approved zone;
Whereas the United Kingdom, by letter dated 9 October 1992, has submitted a programme concerning bonamiosis and marteiliosis for Guernsey;
Whereas these programmes specify the geographical zones concerned, the measures to be taken by the official services, the procedures to be followed by the approved laboratories, the prevalence of the disease concerned and the measures to combat these diseases where detected; whereas, the measures to be taken by the official services relate mainly to detailed investigations which must show that the zones concerned do not contain any molluscs belonging to susceptible vector or carrier species;
Whereas this programme, after scrutiny, appears to be in conformity with the requirements laid down in Article 10 of Council Directive 91/67/EEC;
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 programme concerning bonamiosis and marteiliosis for Guernsey, submitted by the United Kingdom, is hereby approved.
Article 2
The United Kingdom shall bring into force the laws, regulations and administrative provisions necessary to comply with the programme referred to in Article 1 by 1 January 1993.
Article 3
This Decision is addressed to the United Kingdom.
Done at Brussels, 21 December 1992. | [
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*****
COMMISSION REGULATION (EEC) No 1220/86
of 24 April 1986
concerning the stopping of fishing for salmon by vessels flying the flag of Denmark
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of the Member States (1), as amended by Regulation (EEC) No 3723/85 (2), and in particular Article 10 (3) thereof,
Whereas Council Regulation (EEC) No 3725/85 of 20 December 1985, allocating quotas between Member States for vessels fishing in Swedish waters (3), provides for salmon quotas for 1986;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of salmon in the waters of ICES division IIId (Swedish waters) by vessels flying the flag of Denmark or registered in Denmark have reached the quota allocated for 1986;
HAS ADOPTED THIS REGULATION:
Article 1
Catches of salmon in the waters of ICES division IIId (Swedish waters) by vessels flying the flag of Denmark or registered in Denmark are deemed to have exhausted the quota allocated to Denmark for 1986.
Fishing for salmon in the waters of ICES division IIId (Swedish waters) by vessels flying the flag of Denmark or registered in Denmark is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the above mentioned vessels after the date of entry into force of this Regulation.
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 April 1986. | [
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COMMISSION REGULATION (EC) No 1479/2007
of 13 December 2007
fixing the rates of the refunds applicable to eggs and egg yolks 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 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 8(3) thereof,
Whereas:
(1)
Article 8(1) of Regulation (EEC) No 2771/75 provides that the difference between prices in international trade for the products listed in Article 1(1) of that Regulation and prices within the Community may be covered by an export refund where these goods are exported in the form of goods listed in the Annex to that Regulation.
(2)
Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards 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 (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex I to Regulation (EEC) No 2771/75.
(3)
In accordance with the second paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.
(4)
Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lays down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.
(5)
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
The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1(1) of Regulation (EEC) No 2771/75, and exported in the form of goods listed in Annex I to Regulation (EEC) No 2771/75, shall be fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 14 December 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2007. | [
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COMMISSION REGULATION (EEC) No 2351/91
of 30 July 1991
laying down detailed rules applicable on the purchase of rice held by an intervention agency for the supply of food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 1418/76 of the Council of 21 June 1976 on the common organization of the market in rice (1), as last amended by Regulation (EEC) No 1806/89 (2), and in particular Article 5 (5) thereof,
Having regard to Council Regulation (EEC) No 1424/76 of 21 June 1976 laying down general rules for intervention on the market in rice (3), as last amended by Regulation (EEC) No 794/91 (4) and in particular the second paragraph of Article 4 thereof,
Whereas where rice is purchased from intervention agencies for the purposes of fulfilling obligations arising from the award of food-aid supply contracts in connection with international conventions on food aid or other supplementary programmes, the conditions applicable with regard to prices and the detailed rules of application are to be determined in advance;
Whereas, in order to enable interested parties to take part under optimum conditions in the procedure for the award of food-aid supply contracts, they should be given the possibility of examining at their expense the quality and the characteristics of the product before the expiry of the closing date for the submission of tenders;
Whereas, in order to facilitate transactions, purchase applications must contain all information required to identify the product;
Whereas, in order to avoid disruption of the Community market and any distortion of competition between Community operators, the purchase price for the goods from public storage must be determined according to clear-cut criteria and be known to all tenderers in advance; whereas, in view of these requirements, provision should be made for goods purchased by the person awarded a food-aid supply contract to be paid for at the buying-in price determined pursuant to Article 5 (2) of Regulation (EEC) No 1418/76;
Whereas, in order that the conditions of competition existing when tenders are submitted for the award of the food-aid supply contract are not altered subsequent to the award of the contract, a derogation from the application of certain procedures for adjusting the prices on the basis of the date of conclusion of the purchase contract or the date of removal of the goods should be introduced;
Whereas Article 4 of Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (5) makes provision for the successful tenderer to deliver, with a view to a food-aid supply contract, rather than goods from public stocks or, where appropriate, manufactured therefrom, goods mobilized on the market or manufactured therefrom provided that he purchases the goods mentioned in the notice of invitation to tender; whereas compliance with this latter obligation is essential on the one hand to meet the objective of contributing towards reducing public stocks and on the other hand to ensure the equality of operators in the award of the supply contract; whereas provision should therefore be made for the lodging by the successful tenderer of a specific security to ensure compliance with the obligation to pay the purchase price to the intervention agency concerned within a short time; whereas, consequently, with a view to that objective, provision should be made for failure to lodge a purchase application with the intervention agency under the conditions laid down to result in the loss of the security relating to the supply of the food aid, lodged pursuant to Article 12 of Regulation (EEC) No 2200/87; whereas Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (6), as mended by Regulation (EEC) No 3745/89 (7), should be applied for the lodging and the release of that specific security;
Whereas the execution of Community food-aid supply contracts is the subject of specific surveillance arrangements; whereas the provisions of Commission Regulation (EEC) No 569/88 of 16 February 1988 laying down common detailed rules for the application of the system of securities for agricultural products (8), as last amended by Regulation (EEC) No 2322/91 (9), should accordingly not apply;
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
With a view to a given food-aid supply contract within the meaning of Article 4 (2) of Regulation (EEC) No 1424/76, rice held by an intervention agency shall be purchased in accordance with this Regulation.
The provisions of Articles 2 to 7, adopted for the purpose of the supply of Community food aid pursuant to Article 5 and 6 of Council Regulation (EEC) No 3972/86 (10) shall apply mutatis mutandis for the supply of the national food aid referred to in the first subparagraph subject to specific national measures on the organization and allocation of the latter.
Article 2
With a view to the supply contract referred to in Article 1, the intervention agency shall make available goods meeting the characteristics laid down in the notice of open or restricted invitation to tender.
The intervention agency shall take the necessary steps so that all operators interested in submitting a tender for the supply contract may, on publication of the notice of invitation to tender or on receipt of the latter, examine at his own expense samples collected from the product to be mobilized. Applications to examine the goods may be submitted and samples may be collected only before the expiry of the closing date laid down for the submission of tenders.
Article 3
1. Within six working days following the award of the food-aid supply contract, the operator concerned shall lodge with the intervention agency a purchase application by any means of written communication, relating to the quantity of the lot or lots for the supply of which he has been awarded the contract. Applications shall indicate:
(a)
the name and address of the applicant;
(b)
the reference to the food-aid operation, with the number of the specific lot or lots for the supply of which the operator has been awarded the contract.
2. Applications shall be accompanied by proof that the party concerned has been awarded the supply contract in question. Such proof shall be provided by a copy of the notification of award of the contract forwarded to him.
3. The application for purchase shall be valid only if it conforms to the provisions of paragraphs 1 and 2 and is accompanied by proof:
-
that the applicant has lodged, in accordance with the provisions of Title III of Regulation (EEC) No 2220/85, a security equal to the purchase price of the lot(s) of rice in question, determined in accordance with Article 5;
-
that an export licence has been applied for in respect of the product and the quantity to be supplied as food aid, in accordance with paragraph 2 of Article 6 of Commission Regulation (EEC) No 891/89 (11).
4. Except in cases of force majeure, failure to submit a purchase application within the time limit mentioned in paragraph 1 shall result in the loss of the security lodged pursuant to Article 12 of Regulation (EEC) No 2200/87 under the conditions laid down in the notice of open or restricted invitation to tender.
Article 4
Within three working days following the day of submission of the purchase application, the intervention agency shall inform the applicant by written telecommunication that his application has been accepted where it meets the conditions laid down in Article 3.
Article 5
1. The purchase price to be paid for the rice in question shall be the intervention rice referred to in Article 5 (2) of Regulation (EEC) No 1418/76 valid on the final day for the submission of tenders for the award of contracts for the supply of food aid, without any adjustment based on the quality of the product. Equally, the price shall not be adjusted on the basis of the actual date of collection from the intervention agency. The price shall be for the bulk product loaded onto a means of transport, ex-store.
2. The conversion rate to be applied to the purchase price shall be the agricultural conversion rate valid on the final date for the submission of tenders.
Article 6
1. The purchaser shall pay the intervention agency the purchase price for the rice, before the goods are removed, within 30 days from the notification of acceptance of the application referred to in Article 4.
Within the period referred to in the first subparagraph, the goods may be split up for removal with the agreement of the intervention agency; in that case, payment shall be made in instalments to take account of the actual timetable for the removal of the goods.
Payent of the purchase price shall constitute a primary requirement within the meaning of Article 20 of Regulation (EEC) No 2220/85.
2. Risks and storage costs for rice not removed within the time limit referred to in paragraph 1 shall be borne by the purchaser.
Article 7
The security referred to in Article 3 (3) shall be released in accordance with Title V of Regulation (EEC) No 2220/85.
Article 8
The Commission shall forward to the intervention agency concerned, within three working days from the award of the supply contract, all information necessary for the purchase operation, and in particular the name of the person or persons awarded the lots to be mobilized for the execution of a Community food-aid supply contract.
Article 9
For the supply of national food aid from stocks held by the intervention agency, the competent national authority shall communicate immediately to the Commission, at least eight working days before any action is taken, the essential details of the planned mobilization, in particular the characteristics of the product, the quantity, the planned period of mobilization and the destination of the supplies.
Article 10
The provisions of Regulation (EEC) No 569/88 shall not apply to purchases from an intervention agency pursuant to this Regulation.
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.
Done at Brussels, 30 July 1991. | [
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*****
COMMISSION DECISION
of 19 January 1984
amending Decision 83/296/EEC authorizing Member States to permit temporarily the marketing of forestry reproductive material not satisfying the requirements of Council Directive 66/404/EEC
(84/50/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 66/404/EEC of 14 June 1966 on the marketing of forest reproductive material (1), as last amended by Directive 79/410/EEC (2), and in particular Article 15 (1) thereof,
Having regard to the request submitted by the Federal Republic of Germany and the Kingdom of Denmark,
Whereas production of reproductive material of forestry species is at present insufficient in all Member States so that their requirements for reproductive material conforming to the provisions of Directive 66/404/EEC cannot be met;
Whereas non-member countries are not in a position to supply sufficient reproductive material of the relevant species which can afford the same guarantees as Community reproductive material and which conforms to the provisions of the abovementioned Directive;
Whereas by Decision 83/296/EEC (3), the Commission authorized the Member States to permit temporarily the marketing of forest reproductive material which satisfies less stringent requirements;
Whereas it has become apparent that what is indicated in respect of the species 'Quercus borealis Michx' in the case of Denmark should in fact apply to the species 'Quercus sessiliflora Sal.';
Whereas, in order to be able to cover completely the requirements of the two abovementioned Member States, it is appropriate to increase the authorized quantities for the species 'Quercus pendunculata Ehrh.' and 'Quercus sessiliflora Sal.' respectively;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seed and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 83/296/EEC is hereby amended as follows:
- in the column 'Quercus pendunculata Ehrh.', '15 000 kg' in line 'D' is replaced by '25 000 kg',
- the entries in the column 'Quercus borealis Michx' for line 'DK' are deleted,
- in the column 'Quercus sessiliflora Sal.', '22 000 kg' and 'N (zone F-O)' are inserted in line 'DK'.
Article 2
This Decision is addressed to the Member States.
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COMMISSION REGULATION (EC) No 1552/2006
of 17 October 2006
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1),
Having regard to 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 (2), and in particular of the Article 36,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2006/2007 marketing year are fixed by Commission Regulation (EC) No 1002/2006 (3). These prices and duties have been last amended by Commission Regulation (EC) No 1520/2006 (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 951/2006,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 1002/2006 for the 2006/2007 marketing year are hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 18 October 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 October 2006. | [
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COMMISSION DECISION
of 22 December 2006
approving monitoring plans for the detection of residues or substances in live animals and animal products pursuant to Council Directive 96/23/EC as submitted by Bulgaria and Romania
(notified under document number C(2006) 6815)
(Text with EEA relevance)
(2007/15/EC)
THE COMMISSION OF THE EUROPEAN COMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the second subparagraph of Article 8(1) thereof,
Whereas:
(1)
Directive 96/23/EC lays down the measures to monitor certain substances and residues thereof in live animals and animal products and provides that Member States are to submit their monitoring plans for the detection of residues or substances) to the Commission for approval (‘monitoring plans’).
(2)
As Bulgaria and Romania are due to accede to the Community on 1 January 2007, they have submitted monitoring plans to the Commission for approval.
(3)
Those monitoring plans comply with the requirements of Directive 96/23/EC and should therefore be approved.
(4)
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
The monitoring plan for the detection of residues or substances, as provided for in Article 5(1) of Directive 96/23/EC, submitted by Bulgaria to the Commission on 25 April 2006 is approved.
Article 2
The monitoring plan for the detection of residues or substances, as provided for in Article 5(1) of Directive 96/23/EC, submitted by Romania to the Commission on 20 March 2006 is approved.
Article 3
The Decision shall apply subject to and as from the date of entry into force of the Treaty of Accession of Bulgaria and Romania.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 22 December 2006. | [
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COMMISSION REGULATION (EC) No 262/2005
of 16 February 2005
fixing the export refunds on olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 3(3) thereof,
Whereas:
(1)
Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries.
(2)
The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 (2).
(3)
Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community.
(4)
In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market.
(5)
In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations.
(6)
The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary.
(7)
The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period.
(8)
It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto.
(9)
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
The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 17 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2005. | [
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Commission Decision
of 24 April 2001
concerning restrictions to the movement of animals of susceptible species with regard to foot-and-mouth disease and repealing Decision 2001/263/EC
(notified under document number C(2001) 1149)
(Text with EEA relevance)
(2001/327/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 Directive 92/118/EEC(2), and in particular Article 10 thereof,
Whereas:
(1) The animal health conditions for trade in bovine animals and swine are laid down in Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(3), as last amended by Directive 2000/20/EC(4).
(2) The animal health conditions for trade in ovine and caprine animals are laid down in Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(5), as last amended by Commission Decision 94/953/EC(6).
(3) The animal health conditions for trade in biungulates other than those referred to in Directive 64/432/EEC and 91/68/EEC are laid down in Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(7), as last amended by Commission Decision 95/176/EC(8).
(4) The welfare conditions for transport of animals within the Community are laid down in Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(9), as last amended by Directive 95/29/EC(10).
(5) Council Regulation (EC) No 1255/97 of 25 June 1997 concerns Community criteria for staging points and amends the route plan referred to in the Annex to Directive 91/628/EEC(11).
(6) Following the reports of outbreaks of foot-and-mouth disease in the United Kingdom, France, the Netherlands and Ireland, the Commission adopted Decisions 2001/172/EC(12), 2001/208/EC(13), 2001/223/EC(14) and 2001/234/EC(15) concerning certain protection measures with regard to foot-and-mouth disease in the respective Member State.
(7) The foot-and-mouth disease situation in certain parts of the Community is liable to endanger the herds in other parts of the Community in view of the placing on the market and trade in live biungulate animals.
(8) All Member States have implemented the restrictions to the movement of animals of susceptible species laid down in Decision 2001/263/EC(16), as last amended by Decision 2001/317/EC(17).
(9) In the light of the disease evolution and the findings of the epidemiological investigations carried out in the affected Member States in close cooperation with the other Member States, it appears appropriate to further prohibit the movement of animals through staging points and to maintain for an additional period of time the restrictions to the movement of susceptible animals within the Community.
(10) At the same time the provisions on movement of animals of susceptible species included in Decision 2001/263/EC should be repealed.
(11) The situation shall be reviewed at the meeting of the Standing Veterinary Committee scheduled for 25 April 2001 and the measures adapted where necessary.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Member States other than the United Kingdom shall ensure that transport of animals of species susceptible to foot-and-mouth disease is prohibited.
This prohibition shall not apply to transports of animals of species susceptible to foot-and-mouth disease from the holding of dispatch
- directly or through an approved assembly centre to a slaughterhouse for immediate slaughter, subject to authorisation by the competent authorities of the place of departure and destination, or
- through an approved assembly centre to one holding of destination, except in the case of bovine and porcine animals which may be dispatched from the assembly centre to a maximum of six holdings of destination, subject to authorisation by the competent authorities of the place of departure and destination, or
- to an assembly point to group herds or flocks for transhumance to designated pastures, subject to authorisation by the competent authorities of the place of departure and destination, or
- to another holding, subject to authorisation by the competent authorities of the place of departure and destination
under the condition that:
(a) during transport such animals do not come into contact with animals not of the same holding of dispatch, unless
- either such animals are consigned for slaughter, or
- originate in and come from holdings situated in areas of a Member State as defined in Article 2(p) of Directive 64/432/EEC in which no restrictions in accordance with Article 9 of Directive 85/511/EEC have been in place during the residence period referred to in paragraph 2 first indent;
(b) vehicles which have been used for the transport of live animals are cleaned and disinfected after each operation, and shall furnish proof of such disinfection, and
(c) transports to other Member States of such animals shall only be allowed following 24 hours advance notification dispatched by the local veterinary authority to the central and local veterinary authorities in the Member State of destination and to the central veterinary authorities in the Member State of transit.
2. Member States other than the United Kingdom shall ensure that the competent authorities at the place of departure authorise the movement of animals of species susceptible to foot-and-mouth disease only under the following conditions:
- either the animals have remained on the holding of dispatch for at least 20 days prior to authorisation, or since birth in the holding of origin where the animals are less than 20 days old, and no animal of susceptible species was introduced into that holding during this period, or during the past 10 days in the case of pigs, or
- these animals are transported directly and without passing through an approved assembly centre to a slaughterhouse for immediate slaughter.
3. Without prejudice to Article 3(1)(aa) second indent of Directive 91/628/EEC, Member States shall ensure that animals of species susceptible to foot-and-mouth disease are not moved through staging points established and approved in accordance with Regulation (EC) No 1255/97.
Article 2
Commission Decision 2001/263/EC is repealed.
Article 3
This Decision shall apply until midnight on 18 May 2001.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 24 April 2001. | [
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Commission Regulation (EC) No 2212/2001
of 15 November 2001
fixing a percentage for acceptance of contracts concluded for the optional distillation of table wine and suspending the notification of new contracts for the optional distillation of table wine
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms(1), as last amended by Regulation (EC) No 2047/2001(2), and in particular Article 63(6) thereof,
Whereas:
(1) Article 63 of Regulation (EC) No 1623/2000 lays down the conditions for the application of the distillation arrangements for wines referred to in Article 29 of Council Regulation (EC) No 1493/1999(3), as last amended by Regulation (EC) No 2826/2000(4). Those arrangements provide for subsidised, voluntary distillation in order to support the wine market and help ensure continued supplies to the potable alcohol sector, which traditionally uses this type of alcohol. To that end, wine producers and distillers conclude contracts, which the Member States notify to the Commission twice a month.
(2) Article 63(6) lays down the conditions under which the Commission must intervene in the contract-approval procedure, setting a single percentage for acceptance of contracts concluded for distillation and/or suspending the notification of new contracts, notably where the available budgetary resources or the absorption capacity of the potable alcohol sector are exceeded or may be exceeded.
(3) For the 2001/02 wine year the Commission has, for budgetary reasons and bearing in mind the absorption capacity of the potable alcohol sector, set a limit of 7 million hl of table wine for the first tranche of contracts. On the basis of the quantities of wine for which the Member States notified new distillation contracts to the Commission on 5 November 2001, the Commission notes that that limit has been exceeded. The Commission should therefore set a single percentage for acceptance of the quantities notified for distillation and suspend the notification of new contracts until a second distillation period is opened, the starting date for which will depend on the evolution of the alcohol market and available budget resources,
HAS ADOPTED THIS REGULATION:
Article 1
1. Contracts concluded and notified to the Commission under Article 63(4) of Regulation (EC) No 1623/2000 on 5 November 2001 shall be accepted for 49,2 % of the wine covered.
2. Notification to the Commission of new contracts under Article 63(4) of Regulation (EC) No 1623/2000 is suspended until a second distillation period is opened.
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, 15 November 2001. | [
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COMMISSION REGULATION (EC) No 2397/1999
of 11 November 1999
on the authorisation of transfers between the quantitative limits of textiles and clothing products originating in Taiwan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 47/1999(1) of 22 December 1998 on the arrangements for imports of certain textile products originating in Taiwan, as last amended by Council Regulation (EC) No 1556/1999(2), and in particular Article 4 thereof,
(1) Whereas Taiwan has made a request on 20 September 1999;
(2) Whereas the transfers requested by Taiwan fall within the limits of the flexibility provisions referred to in Article 4 of Regulation (EC) No 47/1999, as amended;
(3) Whereas it is appropriate to grant the request;
(4) Whereas it is desirable that this Regulation enters into force the day after its publication in order to allow operators to benefit from it as soon as possible;
(5) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee provided for in Article 17 of Council Regulation (EEC) No 3030/93(3), as last amended by Commission Regulation (EC) No 1072/1999(4),
HAS ADOPTED THIS REGULATION:
Article 1
Transfers between the quantitative limits for textile goods originating in Taiwan are authorised for the quota year 1999 as detailed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that 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, 11 November 1999. | [
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COMMISSION REGULATION (EC) No 1740/94 of 15 July 1994 amending Regulations (EEC) No 1727/92 and (EEC) No 1728/92 laying down detailed rules for implementation of the specific arrangements for the supply of cereal products to the Azores and Madeira, and to the Canary Islands respectively, and establishing the forecast supply balance
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products (1), as last amended by Commission Regulation (EEC) No 1974/93 (2), and in particular
Article 10
thereof,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (3), as last amended by Regulation (EEC) No 1974/93, and in particular Article 3 (4) thereof,
Whereas, pursuant to Article 2 of Regulation (EEC) No 1600/92, Commission Regulation (EEC) No 1727/92 (4), as last amended by Regulation (EC) No 1549/94 (5), establishes the forecast supply balance for cereal products for the Azores and Madeira for the 1993/94 marketing year; whereas, pending additional information to be provided by the competent authorities and in order to ensure the continuity of the specific supply arrangements, the balance provided for in Article 2 of Regulation (EEC) No 1600/92 should be adopted for a limited period of three months, on the basis of the quantities determined for the 1993/94 marketing year; whereas, as a result, the Annex to Regulation (EEC) No 1727/92 should be amended;
Whereas, pursuant to Article 2 of Regulation (EEC) No 1601/92, Commission Regulation (EEC) No 1728/92 (6), as last amended by Regulation (EC) No 1549/94, establishes the forecast supply balance for cereal products for the Canary Islands for the 1993/94 marketing year; whereas, pending additional information to be provided by the competent authorities and in order to ensure the continuity of the specific supply arrangements, the balance provided for in Article 2 of Regulation (EEC) No 1601/92 should be adopted for a limited period of three months, on the basis of the quantities determined for the 1993/94 marketing year; whereas, as a result, the Annex to Regulation (EEC) No 1728/92 should be amended;
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 Annex to Regulation (EEC) No 1727/92 is hereby replaced by Annex I to this Regulation.
Article 2
The Annex to Regulation (EEC) No 1728/92 is hereby replaced by Annex II 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.
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*****
COMMISSION REGULATION (EEC) No 299/81
of 29 January 1981
classifying certain products under subheading 15.01 A of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by Council Regulation (EEC) No 280/77 (2), and in particular Article 3 thereof,
Whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provision must be made for the classification of the following types of pig fat:
(a) obtained by the rendering of pig carcases from which most of the meat, edible offals and fat have been removed ('choice white American hog grease'); and
(b) obtained by the mixing of lard, the product described at (a) and rendered pork fat ('rendered pig fat');
the analysis of which gives:
- a Boemer index of 72 or more when tested by the diethyl ether method (ISO/DIS 3577); and
- the following results:
1.2 // total C14 + total C15 C16 // × 100 µ 10, and 1.2 // C18 : 3 C16 // × 100 µ 8;
where:
total C14 represents the total content of acids with 14 carbon atoms,
total C15 represents the total content of acids with 15 carbon atoms,
C16 represents the palmitic acid content, and
C18 : 3 represents the linolenic acid content,
the fatty acids being determined by gas chromatography;
- free fatty acids 2;5 % (expressed as oleic acid); and
- cholesterol 400 mg/100 g;
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (3), as last amended by Regulation (EEC) No 3000/80 (4), includes lard and other pig fat under subheading 15.01 A;
Whereas these products have the same analytical characteristics as the goods of subheading 15.01 A of the Common Customs Tariff;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,
HAS ADOPTED THIS REGULATION:
Article 1
The following types of pig fat:
(a) obtained by the rendering of pig carcases from which most of the meat, edible offals and fat have been removed ('choice white American hog grease'); and
(b) obtained by the mixing of lard, the product described at (a) and rendered pork fat ('rendered pig fat');
the analysis of which gives:
- a Boemer index of 72 or more when tested by the diethyl ether method (ISO/DIS 3577); and
- the following results:
1.2 // total C14 + total C15 C16 // × 100 µ 10, and 1.2 // C18 : 3 C16 // × 100 µ 8;
where:
total C14 represents the total content of acids with 14 carbon atoms,
total C15 represents the total content of acids with 15 carbon atoms,
C16 represents the palmitic acid content, and
C18 : 3 represents the linolenic acid content,
the fatty acids being determined by gas chromatography;
- free fatty acids 2;5 % (expressed as oleic acid); and
- cholesterol 400 mg/100 g;
shall be classified within Common Customs Tariff subheading:
15.01 Lard, other pig fat and poultry fat, rendered or solvent-extracted:
A. Lard and other pig fat.
Article 2
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.
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COMMISSION REGULATION (EC) No 1047/2004
of 28 May 2004
fixing the maximum aid for cream, butter and concentrated butter for the 142nd individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97
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)
The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter of intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates 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 stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must 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
The maximum aid and processing securities applying for the 142nd individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 May 2004. | [
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COMMISSION DECISION of 26 February 1992 relating to a procedure pursuant to Articles 85 and 86 of the EEC Treaty (IV/33.544, British Midland v. Aer Lingus) (Only the English text is authentic) (92/213/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (1),
Having regard to the complaint lodged by British Midland Airways Limited on 26 April 1990 against Aer Lingus plc,
Having regard to Commission Decision of 4 June 1991 to initiate proceedings in this case,
Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, pursuant to Article 16 (1) of Regulation (EEC) No 3975/87, read in conjunction with Commission Regulation (EEC) No 4261/88 of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87 (2),
After consulting the Advisory Committee on Agreements and Dominant Positions in Air Transport,
Whereas:
I. FACTS
A. The parties
(1) Aer Lingus is the national airline of Ireland. It operates a fleet of 31 jet (all but three of which are used for short- and medium-haul services) and turboprop aircraft. In 1990, it carried over 4 million scheduled revenue passengers (over 3 million on European services) and performed in excess of 4 billion revenue passenger kilometers (more than 1,7 billion on European services). It employs over 7 000 workers. Total revenues from air transport over 1990 amounted to almost US$ 700 million, out of a total turnover in excess of US$ 1,2 billion, and net profits were over US$ 8 million (as compared with US$ 52 million during 1989).
(2) British Midland is the main operating company of the Airlines of Britain Holdings plc which for 25 % belongs to SAS. It operates a fleet of 23 jet aircraft, all for services within the United Kingdom and to the neighbouring Member States. It employs about 2 000 workers. In 1990 it carried over 3 million passengers. Total revenues over 1990 exceeded US$ 300 million but the company lost several million US$. British Midland is among the fastest-growing European airlines.
B. The refusal to interline
(3) Interlining is hailed as one of IATA's major achievements. It essentially consists of an agreement (Multilateral Interline Traffic Agreement - MITA, defined in IATA Resolution 780), pursuant to which airlines are authorized to sell each other's services. As a result a single ticket can be issued which comprises segments to be performed by different airlines. Applicable tariffs and conditions are those of the party over whose route the passenger is to be carried. The airline which issues the ticket collects the price for all segments from the passenger. The issuing airline then pays the fare due to the carrying airline (less a 9 % interline service charge as compensation for expenses incurred in selling, handling, servicing and processing interline traffic) through the IATA clearing house.
In order to become a party to the MITA an interested airline (which must not necessarily be an IATA member) makes an application to IATA which is circulated to all participating airlines. Traditionally agreement or 'concurrence' to an application is hardly ever refused, the exception being where currency convertibility or the financial stability of the applicant are not assured. In the latter case airlines may conclude specific agreements, providing e.g. for unilateral interlining (i.e. that the applicant accepts the flag carriers' authority to issue tickets on its behalf but not vice versa).
The interlining system benefits from the participation of the vast majority of the world's airlines, accounting for approximately 95 % of all scheduled traffic.
(4) In addition airlines accept to change tickets at passengers' request. This technically relates to 'voluntary changes' rather than 'interlining' (it is governed by IATA Resolution 736 on voluntary changes to tickets) but normally operates in conjunction with interlining. Where the carrier making the change is not the issuing carrier or the carrier designated as carrier for the segment concerned, an endorsement is required from the issuing or designated carrier. However, many airlines have agreed to waive the requirement of endorsement between each other.
(5) The main advantages of the multilateral interline and voluntary change system (jointly referred to hereafter, for the purpose of this Decision, as 'interline system') are that passengers can buy a single ticket providing for transportation by different carriers (e.g. leaving on the issuing airline and returning on another airline serving the same route, or leaving on the issuing airline and continuing to destinations not served by that airline), and that passengers can easily change the reservations, routings or airlines mentioned on the ticket.
Airlines value that the interlining system enables them to complement their networks and frequencies. Even though they would lose some passengers to other airlines as the result of interlining, they would also expect to win some from other airlines.
The interline system is a very significant part of worldwide air transport. It is estimated that approximately 20 % of passengers on intra-Community flights in one way or another use interline facilities and that depending on the airline issuing the ticket, about half of passengers hold tickets enabling them to change onto flights operated by other airlines.
(6) In practice airlines and their personnel do not always insist on compliance with the interline and waiver of endorsement agreements. If a travel agent issues a ticket for travel of an airline without proper authority arising out of an interline agreement, the carrying airline's personnel may accept the ticket and will bill the issuing airline. Where billing would be complicated or uneconomical, the carrying airline may renounce billing on the assumption that the issuing airline probably has similar claims on the carrying airline. Likewise an airline's employees at an airport may accept voluntary changes made to a ticket without insisting on endorsement by the issuing or designated carrier. However, any flexibility which may exist in practice is marginal and of limited usefulness; it is likely to inconvenience personnel and passengers and is no satisfactory substitute for an actual agreement to interline.
The absence of an agreement to interline may be a serious handicap for the airlines suffering from it. In particular business travellers (normally travelling at the more expensive unrestricted C and Y fares and typically generating about 60 % of an airline's revenue from passenger services) often make trips combining several destinations and airlines, and they need to be able to change travel plans with minimal constraints. They highly value the convenience and flexibility offered by a single interlinable ticket, rather than having to purchase separate tickets for each flight and having to return some of these unused, if they have had to change their plans. In addition, travel agents cannot issue a ticket on an airline's paper if certain flights on that ticket are operated by another airline which refused to interline with the first airline; this would prevent a travel agent e.g. from issuing a ticket with an outward journey on British Midland and a return journey on Aer Lingus. Agents prefer to avoid the loss of time and the extra work involved in issuing separate tickets. In addition a passenger holding a non-interlinable ticket is more likely to return it unused (because he may have had to change his plans and to buy another ticket), in which case the travel agent would lose his commission.
(7) Since 1964, Aer Lingus concurred with British Midland's participation in the MITA.
After having been awarded the right to operate a London (Heathrow) - Dublin service, British Midland announced on 22 February 1989 its intention to commence services on that route from 28 April 1989. On 7 April 1989 Aer Lingus gave notice that it terminated its concurrence with British Midland's participation in MITA, effective 7 May. Furthermore Aer Lingus did not accept interchangeability of its and British Midland's tickets on the London (Heathrow)-Dublin route. British Midland was able to interline with British Airways until the latter's withdrawal from the route at the end of March 1991.
Aer Lingus did not cancel its interline agreement with the other airline operating on the route, British Airways.
In statements to the press issued at that time, Aer Lingus declared:
'We have established ourselves as the dominant carrier on the routes between the two capitals, and intend to remain so . . . British Midland does not have the resources to offer a similar frequency or service, so they want us to provide product for them via an interline agreement.' (Airline World, 24 April 1989).
C. Tariff consultations
(8) On 7 and 8 February 1991 Aer Lingus attended the Special Composite Meeting of Cargo and Passenger Tariff Coordinating Conferences, organized by IATA in Geneva.
At the opening of the Conference, the Aer Lingus representative stated that the company would not participate in consultations concerning the routes from Dublin to Amsterdam, London and Paris. The Conference proceeded to discuss the continuation of the exceptional fare increases (IATA Resolutions 003 w and 003 ww, 003 m and 003 mm) which had been discussed at the IATA Special Conferences on 29 August and 31 October 1990. These discussions covered all transport worldwide, including intra-Community transport. The conclusion of the conference was to file for an extension of the existing resolutions.
Notwithstanding Aer Lingus' statement, it took part in the conference discussions and the final vote.
D. The markets concerned
(i) Provision of air transport
(9) When British Midland in March 1989 announced its intention to start a London (Heathrow) - Dublin service, only Aer Lingus and British Airways were present on the route. At that time Aer Lingus accounted for approximately 75 % of passengers carried (3), Biritsh Airways for 25 %.
In the year following British Midland's entry on the route, it obtained an average 15 % market share; Aer Lingus and British Airways both lost about one-seventh of their market share and averaged 64 and 21 %. In the second year following its entry British Midland's market share grew to 21 %, Aer Lingus' remained fairly stable and British Airways' decreased to 17 %.
British Airways terminated its London (Heathrow) - Dublin service in March 1991. At that time British Airways concluded a marketing agreement with Aer Lingus which Aer Lingus expected to enable it to capture 160 000 passengers annually (i.e. about 10 % of market volume). In the period from April to June 1991, Aer Lingus recovered its initial 75 % share of passengers carried.
Between 1989 and the middle of 1991, the UK and Irish authorities did not allow airlines other than Aer Lingus, British Airways and British Midland to operate scheduled services between London (Heathrow) and Dublin.
(10) There are a number of services operated between Dublin and London airports other than Heathrow:
- at the time of the refusal to interline, both Aer Lingus and Dan Air operated Dublin-London (Gatwick) services. Aer Lingus had an 80 % share of that traffic and maintained an interline agreement with Dan Air. Dan Air withdrew in April 1990, and now Aer Lingus is the sole airline on that route,
- at the time of the refusal to interline, Aer Lingus operated a service from Dublin to London (Stansted). Since that time the service has been transferred to Ryan Air which is the sole airline on that route,
- a service between Dublin and Luton was operated for a few months by Capital and, until the middle of 1991, by Ryan Air. At the present time that service is not provided.
The total annual number of passengers travelling by air between the four London airports, on one hand, and Dublin, on the other hand, is in the 2 to 2,5 million range and in recent years often grew by over 20 % annually. In 1990 about 75 % passed through Heathrow, 13 % through Luton, 10 % through Gatwick and 2 % through Stansted. Aer Lingus' share of all London - Dublin traffic, at the time of the refusal to interline, amounted to 66 %, has decreased in 1990 and now is estimated to be back to 66 %.
(11) In 1989, both Aer Lingus and British Airways operated on relatively high load factors on the route of around 75 % (as compared to an average for the European network of 66 % for these airlines and of 62 % for the industry). Their load factors in early 1990 decreased to a still high 70 %. British Midland was in the 45 to 50 % range. At the busiest times in 1991, Aer Lingus operated 18 daily return services between London (Heathrow) and Dublin and British Midland 8. By its own admission Aer Lingus is incurring heavy losses on the service.
(ii) Sale of air transport
(12) The airlines' share of passengers carried on the London (Heathrow) - Dublin route corresponds closely to their share of ticket sales in the United Kingdom and Ireland. The airlines tend to have a stronger position in their home market than in the other market.
About 15 to 20 % of sales are made to business travellers having bought tickets at the higher unrestricted fares (mainly C or Y).
(13) Tariffs applied by British Airways and by Aer Lingus and, with a significant number of exceptions, by British Midland on the Dublin - London (Heathrow) and (Gatwick) services are essentially identical. Ryan Air applied significantly lower tariffs on the Dublin - London (Stansted) and Luton routes.
II. LEGAL ASSESSMENT
A. Article 86
(a) Dominant position
(i) Relevant markets
(14) Aer Lingus' conduct has effects on the markets for the provision and sale of air transport between Dublin and London (Heathrow).
The characteristics of surface transport (speed, convenience, several changes of transport means) on this route are sufficiently different to preclude substitutability of demand by most travellers. Some travellers - in particular some price-conscious leisure travellers - may consider that surface transport and air transport at the lowest, very restricted faces are interchangeable. However, the supply of air transport at those fares is limited. Furthermore, many travellers - and not only those that cannot afford to spend a day travelling between Dublin and London - are not interested in slow surface transport or in air travel at very restrictive conditions, and they do not take the view that both modes of transport are substitutable. There is considerable specific demand for fast, flexible and convenient travel between the two cities which can only be met by air transport. These travellers pay prices which are significantly higher than the price of surface transport, and there is no evidence that the availability of surface transport at lower prices acts as a constraint on the marketing of air travel at those higher fares. It is precisely for the same travellers that the possibility to interline is most important.
Even though air travel between Dublin and other London airports than Heathrow could sometimes be substituted to travel to Heathrow, that is not so for a large number of travellers. In particular business travellers traditionally prefer Heathrow, among other reasons because other London airports are not served as frequently as Heathrow, and because they do not offer a similar range of connections and therefore will be less suited to onward travel beyond London. In addition, it must be considered that at the time the sale is made, some passengers will be able to select other airports in the area than London (Heathrow). However, the refusal by Aer Lingus to accept changes from or to British Midland bookings affects passengers already holding a ticket for transport between London (Heathrow) and Dublin, and for those a change of airport may be impossible (e.g. if their car is parked at Heathrow) and will usually be very inconvenient (because they have to change arrangements or because it will take more time to reach their final destination). In any event, including other London airports than Heathrow in the relevant product market would not reduce Aer Lingus' market share to a point where dominance can be excluded.
Supply substitutability is also limited. From 1989 to the middle of 1991, no other airlines were authorized to operate scheduled services between London (Heathrow) and Dublin. In addition, Heathrow airport is notoriously congested; if slots can be obtained at all to operate a service to Dublin, their opportunity cost would be very high.
(15) For the purpose of assessing the effect of the refusal to interline on sales of airline tickets, the UK and Ireland are two separate geographic markets. The distribution of air transport services is still very much organized on a national level: travel agents operate under essentially the same conditions at national level; airlines organize their marketing departments on a national level; fares are quoted in local currencies; promotional fares and discount conditions may be restricted to certain countries; crossborder sales are rare and where they do occur, airlines tend to resist them; tickets are processed through the IATA bank settlement plans which are organized on a national basis; and the distribution of market shares for route groups very much tends to be determined on a country-by-country basis, with flag carriers having a very high share in their home countries but a much lower share in other countries.
In the present case, there are significant price differences between the fares ex Ireland and ex UK, varying from 90 to 130 % of the level applied in the other Member State. The distribution of market shares also varies considerably: Aer Lingus' share of sales of the London (Heathrow) - Dublin service in the UK is only three-quarters of its share of its home market. The market share achieved by the UK airlines in Ireland is less than two-thirds of their share in their home market.
(16) Consequently, the Commission assesses the abuse on the markets for the provision of London (Heathrow) - Dublin air transport and for the sale of London (Heathrow) - Dublin air transport in both Ireland and in the UK.
(ii) Substantial part of the common market
(17) The London (Heathrow) - Dublin service is one of the busiest in the Community. The number of passengers on the route amounts to approximately 1,7 million annually. Consequently there is a significant volume of travel affected by the refusal to interline.
Both the UK and Ireland are substantial parts of the common market. The volume of sales of the Dublin - London (Heathrow) service in each country is significant (in the ECU 50 to 100 million range annually).
(iii) Dominance
(18) Aer Lingus enjoys market shares which are unusually high, even in an oligopolistic industry such as air transport:
- its share of passengers carried on the London (Heathrow) - Dublin service at the time of the refusal to interline amounted to 75 %, subsequently decreased to the 60 to 65 % range, and following British Airways' exit from the route in March 1991 recovered to exceed 75 %. Most of British Airways' market share at that point was captured by Aer Lingus. Including other London airports will not have a material impact on Aer Lingus' market share,
- its share of ticket sales corresponds closely to its share of passengers carried and in both geographic markets exceeded 50 %. Even though the Commission does not possess data on market shares following British Airways' exit from the route, the fact that Aer Lingus' share of traffic between London (Heathrow) and Dublin increased significantly implies that its share of sales increased in a similar proportion.
(19) In addition, under the UK and Irish policies in effect between 1989 and the middle of 1991 no other airlines besides Aer Lingus, British Midland and British Airways were authorized to operate third- and fourth-freedom services between London (Heathrow) and Dublin. There were no fifth-freedom services. Furthermore Heathrow is a notoriously congested airport and demand for slots considerably exceeds supply. Therefore airlines operating out of Heathrow will tend to use slots for the services which make the largest contribution to profits. Using Heathrow slots for additional services to Dublin, a route which is already relatively well served and which at present is not profitable, would in most cases imply a high opportunity cost.
While there are services to other London airports, the importance of Heathrow is such, particularly for business travellers and for connecting passengers, that competition arising from these services has only a limited impact on the service to Heathrow. In any event, including these other airports would leave Aer Lingus with a still high two-thirds of the market.
(20) The very high share of the relevant market enjoyed by Aer Lingus, and the presence of barriers to entry on the route concerned are indicative of dominance. Furthermore Aer Lingus is the national Irish airline and would be the preferred choice of most passengers on the route, who are Irish nationals. Aer Lingus has the most extensive network out of Ireland and accounts for a very large share of air transport out of the country. This position gives it commercial power in the local market which smaller, foreign-based airlines do not possess.
(21) The mere fact that Aer Lingus was able to disregard the complaints of travel agents and business travellers suffering from the refusal to interline suggests that Aer Lingus enjoys considerable freedom of action.
When British Midland announced its intention to commence operations on the London (Heathrow) - Dublin route, Aer Lingus took certain measures such as improving its service and aligning certain fare categories on British Midland's. However, this action has been quite limited: Aer Lingus confined its reaction essentially to matching certain British Midland leisure-type fares. More importantly, Aer Lingus' action was essentially in anticipation of British Midland's arrival; after an initial period of preparing for that event, Aer Lingus' reaction was much attenuated.
(22) Even though British Midland has been able to obtain a significant market share in the years following entry on the route, its presence does not negate the evidence of dominance by Aer Lingus.
Aer Lingus maintained and even increased the absolute number of passengers carried on the route. Its share of passengers carried and of sales relative to that of other airlines on the route decreased following British Midland's entry, but only by a fairly small margin and recovered again after British Airways' exit. British Midland's success appears to be due to a large extent to its ability to benefit from the significant growth of the number of passengers on the route between 1989 and 1990 by providing extra capacity at a time when there was demand for it.
(23) All of this indicates that Aer Lingus has an appreciable freedom of action. While Aer Lingus has been exposed to a certain amount of competition, it has been able to contain that competition successfully at relatively low cost to itself.
(b) Abuse
(24) Abusive conduct is defined as 'practices which are likely to affect the structure of a market where, as a result of the presence of the undertaking in question, competition has already been weakened and which, through recourse to methods differing from those governing normal competition in goods or services based on traders' performance, have the effect of hindering the maintenance or development of the level of competition existing on the market' (Judgment of the Court of Justice of 13 February 1979 in Case 85/76, Hoffmann-La Roche v. Commission, [1979] ECR 541).
(25) Refusing to interline is not normal competition on the merits. Interlining has for many years been accepted industry practice, with widely acknowledged benefits for both airlines and passengers. A refusal to interline for other reasons than problems with currency convertibility or doubts about the creditworthiness of the beneficiary airline is a highly unusual step and has up to now not been considered by the European airline industry as a normal competitive strategy. Aer Lingus itself has maintained interline agreements with the other airlines competing with it on London Dublin services, British Airways and Dan Air.
Aer Lingus has argued that, whereas interlining in most circumstances is beneficial to all participating airlines, it would suffer from interlining with British Midland by losing several points of market share to the new entrant. Even if this could be demonstrated, the argument that interlining would result in a loss of revenue would not in itself make the refusal legitimate. Aer Lingus has not argued that interlining with British Midland would have a significant effect on its own costs, whereas there is evidence that a refusal to interline would impose a significant handicap on British Midland.
(26) Both a refusal to grant new interline facilities and the withdrawal of existing interline facilities may, depending on the circumstances, hinder the maintenance or development of competition. Whether a duty to interline arises depends on the effects on competition of the refusal to interline; it would exist in particular when the refusal or withdrawal of interline facilities by a dominant airline is objectively likely to have a significant impact on the other airline's ability to start a new service or sustain an existing service on account of its effects on the other airline's costs and revenue in respect of the service in question, and when the dominant airline cannot give any objective commercial reason for its refusal (such as concerns about creditworthiness) other than its wish to avoid helping this particular competitor. It is unlikely that there is such justification when the dominant airline singles out an airline with which it previously interlined, after that airline starts competing on an important route, but continues to interline with other competitors.
(27) When an airline commences a new service, it will normally expect to incur some losses during an initial period, during which it will have to organize economic operation of its service and to attract sufficient interest from the travel trade and from travellers. It cannot expet to attain the load factors and the revenue necessary to ensure profitable operations from the beginning of the service. Therefore new entry will always be difficult.
Denying interline facilities is likely to increase that difficulty. A new entrant without interlining facilities is likely to be considered in this respect as a second-rate airline by travel agents and by travellers alike, which will make it more difficult to attain the commercial standing required to operate profitably. Travel agents wish to avoid the loss of time, the extra work and the potential loss of revenue caused by issuing tickets for transort on an airline without interline facilities. Furthermore a significant number of passengers consider the possibility to change tickets and to organize complex journeys on a single ticket as necessary; a refusal to interline will have the effect of diverting many of these passengers away from the new entrant airline. In this respect, a refusal to interline affects in particular the well-informed business travellers who require fully flexible tickets and who make a disproportionately large contribution to the revenue of the new entrant; significantly reducing this revenue will have a serious effect on the economics of the new entrant's operations.
A review of British Midland's performance on the Dublin - London (Heathrow) route confirms that these effects in this case are significant. British Midland's load factors are appreciably lower than Aer Lingus' on the same route. The difference to a large extent reflects British Midland's handicap in carrying interline passengers. This implies that passengers wishing to make use of interline facilities on the London (Heathrow) - Dublin service and unable to do so because of Aer Lingus' refusal to interline with British Midland, prefer to play safe and use the service of the airline with the highest frequency, i.e. Aer Lingus. The resulting loss of revenue to British Midland may be estimated at several million ECU per year.
(28) A refusal to interline also hinders the maintenance or development of competition when it imposes a significant cost on competitors. If an incumbent airline operates at high frequency on a route accounts for a very large share of capacity and refuses to interline with a new entrant on that route, the latter will have a choice. It can either start a low frequency service in order to minimize initial losses, but will then face a long unprofitable start-up period. Alternatively a new entrant can operate a high frequency from the beginning, even though this may not be warranted by its initial market share, so as to attract (in particular business) travellers who require high frequencies in order to be able to organize their journey with maximum flexibility. In both situations a new entrant will face higher start-up costs.
In the present case British Midland could not reasonable confront Aer Lingus by operating at low frequency: it would then relegate itself to the role of an airline of minor importance and could not hope to attract many business travellers which it needs to improve the revenue of the service. As a result British Midland would be unlikely to develop into a strong competitor and might not even be interested in continuing its service to Dublin because it could make better use of its Heathrow slots.
(29) It is true that Aer Lingus' strategy in the event has not resulted in British Midland's departure from the route, and that British Midland has succeeded in building up a reasonable schedule and in obtaining a significant market share. It is also true that the refusal to interline does not entirely preclude British Midland from attracting business travellers: notwithstanding the refusal to interline by Aer Lingus, British Midland passengers on the Dublin - London (Heathrow) service can still change their tickets to a reasonable number of flights operated by British Midland itself (and by British Airways until that airline withdrew from the route); in addition British Midland carries some passengers who travel on tickets issued by other airlines than Aer Lingus (by British Airways, until that airline withdrew from the route, and by others - e.g. third country airlines carrying passengers to London from where they continue to Dublin on British Midland). However, if Aer Lingus had continued to accept interlining, British Midland would have incurred lower costs, it would have earned higher revenues, its services would have been more attractive to its passengers and it would have been a stronger and more successful competitor than it now is.
The fact that British Midland has been able to continue operations notwithstanding the handicap imposed on it by Aer Lingus, is due in the first place to British Midland's determination to succeed in the face of unusual difficulties; it does not mean that the refusal had no effect on competition. There is no doubt that at the time the practice was implemented, the refusal to interline was intended and was likely to hinder the development of competition. The lawfulness of the refusal at the time when it occurred cannot depend on whether the competitor was later willing and able to remain on the route in spite of the disadvantages imposed on it.
(30) Consequently, Aer Lingus has pursued a strategy which (even if not wholly effective) is both selective and exclusionary and restricts the development of competition on the London (Heathrow) - Dublin route.
The refusal to interline in this case essentially consists in the imposition, contrary to normal industry practice, of a significant handicap on a competitor by raising its costs and depriving it of revenue. Aer Lingus has not been able to point to efficiencies created by a refusal to interline nor to advance any other persuasive and legitimate business justification for its conduct. Its desire to avoid loss of market share, the circumstance that this is a route of vital importance to the company and that its operating margin is under pressure do not make this a legitimate response to new entry.
(c) Effect on trade between Member States
(31) The refusal to interline concerns airlines from two Member States and relates to an air transport service of considerable importance between those States. It affects the possibility for travellers throughout the Community to benefit from interlining, and it prevents travel agents throughout from issuing interlining tickets. Therefore the effects of the refusal to interline are not confined to a single Member State, but affect trade between Member States.
(d) Conclusion
(32) The Commission considers that the withdrawal by Aer Lingus of British Midland's authority to:
(i) issue or complete transportation documents for carriage between London (Heathrow) and Dublin in accordance with Aer Lingus' tariffs and other applicable provisions as laid down in IATA Resolution 780,
and
(ii) effect changes to its transportations documents in accordance with generally applicable procedures as laid down in IATA Resolution 736,
constitutes an infringement of Article 86.
B. Article 85
(33) The Special Composite Meeting of Cargo and Passengers Tariffs Coordinating Conference organized by IATA on 7 and 8 February 1991, was attached by about 50 airlilnes from all over the world, including Aer Lingus and the flag carriers from 10 other Member States. The agenda for the meeting was to review the latest developments in operating costs. The object of the meeting was to resubmit an agreement to governments (in respect of new passenger fares and cargo rates) based on the most recent situation.
This exchange of information on airline costs and tariff objectives with a view to preparing a common position on passengers' fares and cargo rates, constitutes and agreement, or at least a concerted practice between undertakings, by which they coordinate their pricing decisions. Tariff consultations are therefore a restriction of competition as contemplated by Article 85 (1). Since they cover air transport between Member States, they also affect trade between Member States. Therefore the tariff consultations are caught by Article 85 (1).
(34) Air carriers have nevertheless been authorized to hold tariff consultations under the conditions set forth in Article 3 of the group exemption laid down in Commission Regulation (EEC) No 84/91 (4) which entered into force on 1 February 1991. In that Regulation, the Commission took the view that consultations on passenger and cargo tariffs may contribute to the generalized acceptance of interlinable fares and rates to the benefit of air carriers as well as air transport users.
However, consultations must not exceed the lawful purpose of facilitating interlining. In particular, air carriers participating in the consultation mechanism are obliged to interline with all other carriers concerned, as specified in Article 3 (1) (b) and (d) of the Regulation.
These provisions oblige participants in passenger and cargo consultations to interline in respect of their Community networks with other carriers which operate or have applied to operate direct or indirect services on the routes concerned by the consultations.
(35) Even though Aer Lingus was present at the consultation in early February 1991, it stated at the beginning of the meeting that it would not participate in the consultations concerning the routes from Dublin to Amsterdam, London and Paris (5). Presumably this statement was intended to protect Aer Lingus from having to interline on those routes by excluding them from the discussion. However, other carriers operating those services (in particular Air France, British Airways and British Midland) did not make this reservation and Aer Lingus did not physically withdraw from the meeting. In the event, there was no specific discussion of those routes but there was a general discussion on tariffs which concerned those routes in the same way as all other routes. Even if Aer Lingus did not express any views about these routes specifically, it learned about its competitors' intentions in general and therefore also in respect of these routes, Aer Lingus would have heard them. Aer Lingus contributed to the general discussion and participated in the vote on whether to apply a two or three per cent increase on European routes. Therefore the conclusions of the conference apply to the routes referred to by Aer Lingus; its statement has not had any impact on the identity of those attending or voting, or on the contents or on the outcome of the consultations. The routes 'excluded' by Aer Lingus were therefore covered by the consultations.
(36) In addition, even if it were accepted that the routes from Dublin to Amsterdam, London and Paris were outside the consultations at which Aer Lingus was present, this would not have been sufficient to avoid a duty to interline with British Midland. The tariff consultation concerned routes between Dublin and certain destinations served directly by Aer Lingus and indirectly by British Midland, either with a change of aircraft at London (Heathrow) (e.g. Birmingham, East Midland) or with a change of aircraft and airport in London (e.g. Channel Islands, Brussels). Furthermore, British Midland has applied to operate to certain destinations in respect of which Aer Lingus has not made a reservation. e.g. London (Heathrow) to Brussels, Copenhagen, Dusseldorf, Frankfurt, Malaga, Milan, Palma and Rome. Its Dublin - London (Heathrow) service would enable the company to offer indirect service from Dublin to these destinations.
(37) Consequently, Aer Lingus has not respected the conditions specified in Article 3 (1) (b) and (d) of Regulation (EEC) No 84/91.
The Commission considers that Aer Lingus' participation in the tariff consultation of 7 and 8 February 1991 without granting British Midland the authority to:
(i) issue or complete transportation documents for carriage over its Community network in accordance with Aer Lingus' tariffs and other applicable provisions as laid down in IATA Resolution 780;
and
(ii) effect changes to its transportation documents for carriage over its Community network in accordance with generally applicable procedures as laid down in IATA Resolution 736
constitutes an infringement of Article 85 (1).
Aer Lingus did not attend the next tariff consultations on 2 to 11 September 1991 which discussed tariffs for effect from 1 April 1992.
C. Article 12 (2) of Council Regulation (EEC) No 3975/87 (6)
(38) In the light of the considerations set out above, the Commission considers that there are grounds for finding that Aer Lingus has infringed Articles 85 (1) and 86.
(39) Pursuant to Article 12 (2) of Regulation (EEC) No 3975/87, the Commission may impose fines of from ECU 1 000 to 1 000 000, or a sum in excess thereof but not exceeding 10 % of the turnover in the preceding business year of the undertakings participating in the infringement, where either intentionally or negligently they infringe Article 85 (1) or Article 86 of the Treaty. In fixing the amount of the fine, regard must be had both to the gravity and to the duration of the infringement.
(40) The Commission considers that Aer Lingus has infringed Article 85 (1) by participating in a tariff consultation without respecting the conditions set forth in Regulation (EEC) No 84/91.
This infringement has taken place on 7 and 8 February 1991 and its effects continued at least until the fares discussed at the next tariff consulations take effect, i.e. until 1 April 1992.
(41) The Commission considers that Aer Lingus has infringed Article 86 by withdrawing British Midland's authority to:
(i) issue or complete transportation documents for carriage between Dublin and London (Heathrow) in accordance with Aer Lingus' tariffs and other applicable provisions as laid down in IATA Resolution 780; and
(ii) effect changes to its transportation documents in accordance with generally applicable procedures as laid down in IATA Resolution 736.
This infringement has lasted from 7 April 1989 to the present date.
(42) The Commission considers that the imposition of a fine on Aer Lingus is justified in so far as the infringement relates to Article 86. In view of the fact that Regulation (EEC) No 84/91 had only just entered into force when the infringement relating to Article 85 was committed, the Commission does not consider it appropriate to impose a fine on account of the parallel violation of Article 85.
In fixing the amount of the fine, it takes into account the fact that Aer Lingus' conduct is intended to affect the structure of competition by penalizing a competitor entering an important market and therefore is particularly serious. The Commission also considered that Aer Lingus' conduct has not succeeded in eliminating British Midland as a competitor on the London (Heathrow) - Dublin route, although there is not doubt that British Midland enjoys a considerably less successful operation than if Aer Lingus had continued to interline.
D. Article 4 of Regulation (EEC) No 3975/87
(43) The refusal to interline by Aer Lingus up to the present time has deprived British Midland of the opportunity to compete with Aer Lingus on equal footing, without suffering from a significant handicap. Therefore the Commission requires Aer Lingus to bring the refusal to interline to an end and orders Aer Lingus to grant British Midland the authority to interline within two months from the date when this Decision is notified.
This order does not merely require Aer Lingus to enter into an arrangement giving British Midland the possibility to interline in respect of the London (Heathrow) - Dublin route, but also to refrain from any conduct (such as refusing reservations or confirmations which it would accept from other interline partners) which would be an obstacle to the normal implementation of that arrangement.
(44) However, the Commission accepts that Aer Lingus is not obliged to interline permanently with British Midland on this route. If a dominant airline has been able to develop a high frequency, that is a legitimate competitive advantage which it need not necessarily share with rivals. Furthermore, new entrants should not be able to rely forever on their competitors' frequencies and networks, but they must be encouraged to build up extensive networks and high frequencies by themselves and to gain commercial standing in order to attract sufficient interest from travel agents and passengers. Therefore the Commission considers that the duty to interline may be limited in time to a duration which is necessary for British Midland to develop its service without suffering from an undue handicap imposed by its dominant competitor contrary to the industry's and that competitor's normal practice.
In the present case there are a number of obstacles which make it difficult for British Midland to establish itself on the route. Aer Lingus enjoys considerable commercial strength in its home country and it accounts for a very high share of passengers and frequencies as compared to British Midland's. Because of the scarcity of available slots at Heathrow, British Midland could not increase the frequency of its Dublin service rapidly without lowering the frequency of some of its other services. If British Midland wants to obtain a comparable position to Aer Lingus and also operate a very high-frequency service between London (Heathrow) and Dublin, it would need sufficient time to build up commercial strength and an adequate schedule. Therefore the Commission considers that the duty to which Aer Lingus was subjected in 1989 makes it reasonable now, in the light of the circumstances which have occurred, that a duty to interline should be imposed for a two-year period.
If the circumstances on the market change substantially during this period, the Commission will reconsider its order. In the light of the market conditions which will prevail at the expiry of this period, of British Midland's efforts to establish itself and of the obstacles it will have encountered, the Commission will consider whether this duty needs to be extended,
HAS ADOPTED THIS DECISION:
Article 1
1. Aer Lingus plc has infringed Article 86 of the EEC Treaty by withdrawing, on 7 May 1989, British Midland's authority to:
(i) issue or complete transportation documents for carriage between Dublin and London (Heathrow) in accordance with Aer Lingus' tariffs and other applicable provisions as laid down in IATA Resolution 780;
and
(ii) effect changes to its transportation documents in accordance with generally applicable procedures as laid down in IATA Resolution 736;
2. Aer Lingus plc has infringed Article 85 of the EEC Treaty by participating in a tariff consultation on 7 and 8 February 1991 without granting British Midland Airways Limited the authority to:
(i) issue or complete transportation documents for carriage over its Community network in accordance with Aer Lingus' tariffs and other applicable provisions as laid down in IATA Resolution 780;
and
(ii) effect changes to its transportation documents for carriage over its Community network in accordance with generally applicable procedures as laid down in IATA Resolution 736.
Article 2
Aer Lingus plc shall within two months from the date when this Decision is notified, put an end to the infringement established in Article 1 (1) and shall, for two years from that date, grant British Midland Airways Limited the authority to:
(i) issue or complete transportation documents for carriage between Dublin and London (Heathrow) in accordance with its own tariffs and other applicable provisions as laid down in IATA Resolution 780;
and
(ii) effect changes to its transportation documents in accordance with generally applicable procedures as laid down in IATA Resolution 736.
Aer Lingus shall notify the Commission of all measures it takes in order to comply with this order.
Article 3
For the infringements established in Article 1 (1), a fine of ECU 750 000 is hereby imposed on Aer Lingus plc.
The fine shall be paid within three months of the date of notification of this Decision to account No 310-0933000-43 with Banque Bruxelles Lambert, agence européenne, rond-point Schuman 5, B-1040 Bruxelles.
On expiry of that period, interest shall automatically be payable at the rate charged by the European Monetary Cooperation Fund on its ecu operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, i.e. 13,75 %.
Should payment be made in the national currency of the Member State where the bank nominated for payment is situated, the exchange rate applicable shall be that prevailing on the day preceding payment.
Article 4
This Decision is addressed to Aer Lingus plc, Dublin Airport, Dublin, Ireland.
This Decision is enforceable pursuant to Article 192 of the EEC Treaty. Done at Brussels, 26 February 1992. | [
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COMMISSION REGULATION (EC) No 1444/2007
of 6 December 2007
fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 1060/2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (2) requires the issuing of partial invitations to tender.
(2)
Pursuant to Article 4(1) of Regulation (EC) No 1060/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 5 December 2007, it is appropriate to fix a maximum export refund for that partial invitation to tender.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the partial invitation to tender ending on 5 December 2007, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 1060/2007 shall be 433,98 EUR/t.
Article 2
This Regulation shall enter into force on 7 December 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 December 2007. | [
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Commission Regulation (EC) No 1703/2003
of 26 September 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 27 September 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 REGULATION (EC) No 967/2005
of 23 June 2005
fixing the maximum reduction in the duty on maize imported in connection with the invitation to tender issued in Regulation (EC) No 868/2005
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)
An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened pursuant to Commission Regulation (EC) No 868/2005 (2).
(2)
Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3) the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.
(3)
The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 17 to 23 June 2005, pursuant to the invitation to tender issued in Regulation (EC) No 868/2005, the maximum reduction in the duty on maize imported shall be 24,96 EUR/t and be valid for a total maximum quantity of 148 300 t.
Article 2
This Regulation shall enter into force on 24 June 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 2005. | [
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COMMISSION DECISION
of 10 December 2007
amending Decisions 2006/687/EC, 2006/875/EC and 2006/876/EC as regards the reallocation of the Community’s financial contribution to certain Member States for their programmes for the eradication and monitoring of animal diseases and for checks aimed at the prevention of zoonoses for 2007
(notified under document number C(2007) 5985)
(2007/851/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 24(5) and (6), and Articles 29 and 32 thereof,
Whereas:
(1)
Decision 90/424/EEC lays down the procedures governing the Community’s financial contribution for programmes for the eradication, control and monitoring of animal diseases and zoonoses.
(2)
Commission Decision 2006/687/EC of 12 October 2006 on programmes which qualify for a Community financial contribution in 2007 for the eradication and monitoring of certain animal diseases, for the prevention of zoonoses, for the monitoring of TSEs as well as programmes for the eradication of BSE and scrapie (2) sets out the proposed rate and maximum amount of the Community’s financial contribution for each programme submitted by the Member States.
(3)
Commission Decision 2006/875/EC of 30 November 2006 approving programmes for the eradication and monitoring of animal diseases, of certain TSEs, and for the prevention of zoonoses presented by the Member States for the year 2007 (3) and Commission Decision 2006/876/EC of 30 November 2006 approving programmes for the eradication and monitoring of animal diseases, of certain TSEs, and for the prevention of zoonoses presented by Bulgaria and Romania for the year 2007 and amending Decision 2006/687/EC set out the maximum amount of the Community’s financial contribution for each programme submitted by the Member States.
(4)
The Commission has assessed the reports forwarded by the Member States on the expenditures of those programmes. The results of that assessment show that certain Member States will not utilise their full allocation for 2007 while others will spend in excess of the allocated amount.
(5)
The Community’s financial contribution to certain of those programmes therefore needs to be adjusted. It is appropriate to reallocate funding from programmes of Member States, which are not using their full allocation to those that are exceeding it. The reallocation should be based on the most recent information on the expenditure actually incurred by the concerned Member States.
(6)
Decisions 2006/687/EC, 2006/875/EC and 2006/876/EC should therefore be amended accordingly.
(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,
HAS ADOPTED THIS DECISION:
Article 1
Annexes I to V to Decision 2006/687/EC are amended in accordance with the Annex to this Decision.
Article 2
Decision 2006/875/EC is amended as follows:
1.
Article 1 is amended as follows:
(a)
Paragraph 2 is amended as follows:
(i)
In point (d), ‘EUR 1 200 000’ is replaced by ‘EUR 790 000’;
(ii)
In point (e), ‘EUR 1 850 000’ is replaced by ‘EUR 900 000’;
(iii)
In point (g), ‘EUR 4 850 000’ is replaced by ‘EUR 4 100 000’;
(b)
In paragraph 3, ‘EUR 600 000’ is replaced by ‘EUR 450 000’;
2.
Article 2(2) is amended as follows:
(a)
In point (a), ‘EUR 3 500 000’ is replaced by ‘EUR 5 500 000’;
(b)
In point (b), ‘EUR 1 100 000’ is replaced by ‘EUR 1 950 000’;
(c)
In point (c), ‘EUR 2 000 000’ is replaced by ‘EUR 3 000 000’;
(d)
In point (d), ‘EUR 95 000’ is replaced by ‘EUR 20 000’;
(e)
In point (e), ‘EUR 1 600 000’ is replaced by ‘EUR 1 280 000’;
3.
Article 3(2) is amended as follows:
(a)
In point (a), ‘EUR 3 000 000’ is replaced by ‘EUR 8 000 000’;
(b)
In point (b), ‘EUR 2 500 000’ is replaced by ‘EUR 2 950 000’;
(c)
In point (c), ‘EUR 1 100 000’ is replaced by ‘EUR 1 550 000’;
4.
Article 4(2) is amended as follows:
(a)
In point (b), ‘EUR 400 000’ is replaced by ‘EUR 1 600 000’;
(b)
In point (c), ‘EUR 35 000’ is replaced by ‘EUR 85 000’;
(c)
In point (e), ‘EUR 2 300 000’ is replaced by ‘EUR 4 800 000’;
(d)
In point (f), ‘EUR 225 000’ is replaced by ‘EUR 425 000’;
5.
Article 5 is amended as follows:
(a)
Paragraph 2 is amended as follows:
(i)
In point (a), ‘EUR 5 000 000’ is replaced by ‘EUR 5 900 000’;
(ii)
In point (b), ‘EUR 200 000’ is replaced by ‘EUR 570 000’;
(iii)
In point (c), ‘EUR 4 000 000’ is replaced by ‘EUR 5 000 000’;
(iv)
In point (e), ‘EUR 1 600 000’ is replaced by ‘EUR 1 220 000’;
(b)
In paragraph 3, ‘EUR 650 000’ is replaced by ‘EUR 200 000’;
6.
Article 6(2) is amended as follows:
(a)
In point (a), ‘EUR 4 900 000’ is replaced by ‘EUR 8 000 000’;
(b)
In point (b), ‘EUR 160 000’ is replaced by ‘EUR 360 000’;
(c)
In point (c), ‘EUR 1 300 000’ is replaced by ‘EUR 1 400 000’;
(d)
In point (d), ‘EUR 600 000’ is replaced by ‘EUR 1 100 000’;
7.
Article 7(2) is amended as follows:
(a)
In point (a), ‘EUR 660 000’ is replaced by ‘EUR 550 000’;
(b)
In point (c), ‘EUR 250 000’ is replaced by ‘EUR 500 000’;
(c)
In point (g), ‘EUR 2 000 000’ is replaced by ‘EUR 960 000’;
(d)
In point (h), ‘EUR 875 000’ is replaced by ‘EUR 550 000’;
(e)
In point (i), ‘EUR 175 000’ is replaced by ‘EUR 0’;
(f)
In point (j), ‘EUR 320 000’ is replaced by ‘EUR 590 000’;
(g)
In point (m), ‘EUR 60 000’ is replaced by ‘EUR 110 000’;
(h)
In point (q), ‘EUR 450 000’ is replaced by ‘EUR 20 000’;
(i)
In point (r), ‘EUR 205 000’ is replaced by ‘EUR 50 000’;
8.
Article 8(2) is amended as follows:
(a)
In point (a), ‘EUR 800 000’ is replaced by ‘EUR 1 100 000’;
(b)
In point (b), ‘EUR 500 000’ is replaced by ‘EUR 650 000’;
9.
In Article 9(2)(a), ‘EUR 250 000’ is replaced by ‘EUR 350 000’;
10.
In Article 10(2), ‘EUR 120 000’ is replaced by ‘EUR 350 000’;
11.
Article 12(2) is amended as follows:
(a)
In point (c), ‘EUR 160 000’ is replaced by ‘EUR 310 000’;
(b)
In point (d), ‘EUR 243 000’ is replaced by ‘EUR 460 000’;
(c)
In point (j), ‘EUR 510 000’ is replaced by ‘EUR 900 000’;
(d)
In point (n), ‘EUR 10 000’ is replaced by ‘EUR 15 000’;
(e)
In point (t), ‘EUR 121 000’ is replaced by ‘EUR 46 000’;
(f)
In point (x), ‘EUR 130 000’ is replaced by ‘EUR 200 000’;
(g)
In point (y), ‘EUR 275 000’ is replaced by ‘EUR 1 125 000’;
12.
Article 13(2) is amended as follows:
(a)
In point (b), ‘EUR 1 059 000’ is replaced by ‘EUR 1 320 000’;
(b)
In point (c), ‘EUR 1 680 000’ is replaced by ‘EUR 1 950 000’;
(c)
In point (f), ‘EUR 1 827 000’ is replaced by ‘EUR 1 650 000’;
(d)
In point (g), ‘EUR 10 237 000’ is replaced by ‘EUR 9 100 000’;
(e)
In point (i), ‘EUR 6 755 000’ is replaced by ‘EUR 6 410 000’;
(f)
In point (j), ‘EUR 3 375 000’ is replaced by ‘EUR 3 000 000’;
(g)
In point (k), ‘EUR 348 000’ is replaced by ‘EUR 530 000’;
(h)
In point (s), ‘EUR 3 744 000’ is replaced by ‘EUR 244 000’;
(i)
In point (t), ‘EUR 2 115 000’ is replaced by ‘EUR 2 940 000’;
(j)
In point (v), ‘EUR 1 088 000’ is replaced by ‘EUR 610 000’;
13.
Article 14(2) is amended as follows:
(a)
In point (d), ‘EUR 500 000’ is replaced by ‘EUR 50 000’;
(b)
In point (g), ‘EUR 713 000’ is replaced by ‘EUR 413 000’;
(c)
In point (i), ‘EUR 800 000’ is replaced by ‘EUR 70 000’;
(d)
In point (j), ‘EUR 150 000’ is replaced by ‘EUR 65 000’;
(e)
In point (o), ‘EUR 328 000’ is replaced by ‘EUR 530 000’;
(f)
In point (p), ‘EUR 305 000’ is replaced by ‘EUR 45 000’;
14.
Article 15(2) is amended as follows:
(a)
In point (c), ‘EUR 927 000’ is replaced by ‘EUR 827 000’;
(b)
In point (e), ‘EUR 1 306 000’ is replaced by ‘EUR 516 000’;
(c)
In point (f), ‘EUR 5 374 000’ is replaced by ‘EUR 4 500 000’;
(d)
In point (h), ‘EUR 629 000’ is replaced by ‘EUR 279 000’;
(e)
In point (i), ‘EUR 3 076 000’ is replaced by ‘EUR 620 000’;
(f)
In point (j), ‘EUR 2 200 000’ is replaced by ‘EUR 1 280 000’;
(g)
In point (l), ‘EUR 332 000’ is replaced by ‘EUR 232 000’;
(h)
In point (o), ‘EUR 716 000’ is replaced by ‘EUR 41 000’;
(i)
In point (q), ‘EUR 279 000’ is replaced by ‘EUR 179 000’;
(j)
In point (t), ‘EUR 9 178 000’ is replaced by ‘EUR 5 178 000’.
Article 3
Decision 2006/876/EC is amended as follows:
1.
Article 1(2) is amended as follows:
(a)
In point (a), ‘EUR 830 000’ is replaced by ‘EUR 0’;
(b)
In point (b), ‘EUR 800 000’ is replaced by ‘EUR 0’;
2.
In Article 2(2)(a), ‘EUR 425 000’ is replaced by ‘EUR 275 000’;
3.
In Article 3(2)(a), ‘EUR 508 000’ is replaced by ‘EUR 5 000’;
4.
Article 4(2) is amended as follows:
(a)
In point (a), ‘EUR 23 000’ is replaced by ‘EUR 88 000’;
(b)
In point (b), ‘EUR 105 000’ is replaced by ‘EUR 505 000’.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 10 December 2007. | [
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Commission Decision
of 27 June 2002
amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles
(notified under document number C(2002) 2238)
(Text with EEA relevance)
(2002/525/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles(1), and in particular Article 4(2)(b) thereof,
Whereas:
(1) Under Directive 2000/53/EC the Commission is required to evaluate certain hazardous substances prohibited pursuant to Article 4(2)(a) of that Directive.
(2) Having carried out the requisite technical and scientific assessments the Commission has reached a number of conclusions.
(3) Certain materials and components containing lead, mercury, cadmium or hexavalent chromium should be exempt or continue to be exempt from the prohibition, since the use of these hazardous substances in those specific materials and components is still unavoidable.
(4) Some exemptions from the prohibition for certain specific materials or components should be limited in their scope and temporal validity, in order to achieve a gradual phase-out of hazardous substances in vehicles, given that the use of those substances in such applications will become avoidable.
(5) Cadmium in batteries for electrical vehicles should be exempt until 31 December 2005 since, in view of present scientific and technical evidence and the overall environmental assessment undertaken, by that date, substitutes will be available and the availability of electrical vehicles will be ensured. The progressive replacement of cadmium should, however, continue to be analysed, taking into account the availability of electrical vehicles. The Commission will publish its findings and, if proven justified by the results of the analysis, may propose an extension of the expiry date for cadmium in batteries for electrical vehicles.
(6) The exemption from the prohibition relating to lead for coating inside petrol tanks should be deleted, since the use of lead in these specific components is already avoidable.
(7) Since it is evident that a total avoidance of heavy metals is in some instances impossible to achieve, certain concentration values of lead, mercury, cadmium or hexavalent chromium in specific materials and components should be tolerated, provided that these hazardous substances are not intentionally introduced.
(8) Directive 2000/53/EC should therefore be amended accordingly.
(9) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste(2), as last amended by Commission Decision 96/350/EC(3),
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Directive 2000/53/EC is replaced by the text set out in the Annex to this Decision.
Article 2
Member States shall ensure that cadmium in batteries for electrical vehicles is not put on the market after 31 December 2005.
In the framework of the overall environmental assessment already undertaken, the Commission shall continue to analyse the progressive substitution of cadmium, taking into account the need to maintain the availability of electrical vehicles. The Commission shall finalise and make public its findings by 31 December 2004 at the latest and may make, if proven justified by the results of the analysis, a proposal to extend the deadline in accordance with Article 4(2)(b) of Directive 2000/53/EC.
Article 3
This Decision shall apply from 1 January 2003.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 27 June 2002. | [
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Commission Regulation (EC) No 1840/2001
of 19 September 2001
amending for the third time Regulation (EC) No 23/2001 laying down special measures for the beef sector that depart from the provisions of Regulation (EC) No 800/1999, Regulation (EEC) No 3719/88, Regulation (EC) No 1291/2000 and Regulation (EEC) No 1964/82
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), as last amended by Regulation (EC) No 1512/2001(2), and in particular Article 29(2)(a), Article 33(12) and Article 41 thereof,
Whereas:
(1) The health protection measures adopted by the authorities of certain non-member countries regarding exports of bovine animals and the meat of those animals in response to bovine spongiform encephalopathy have had serious economic consequences for exporters.
(2) The cases of foot-and-mouth disease that have occurred in several Member States have led to adoption of protective measures under 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(3), as last amended by Directive 92/118/EEC(4), and in particular Article 10 thereof, and under 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(5), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof.
(3) Commission Regulation (EC) No 23/2001(6), as last amended by Regulation (EC) No 908/2001(7), introduces measures to limit the serious consequences of those measures.
(4) The health protection measures adopted by certain non-member countries regarding Community exports are still in force and in certain cases have been strengthened. In view of this situation, certain time limits must be extended, although not beyond 31 December 2001.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2 of Regulation (EC) No 23/2001 is replaced by the following: "Article 2
1. At the holder's request, export licences issued under Regulation (EC) No 1445/95 that were applied for by 30 March 2001 shall, if their validity did not expire before 1 November 2000, be cancelled and the security released.
2. On application by the exporter in the case of products for which by 30 March 2001:
- the customs export formalities had been completed or which had been placed under one of the customs control procedures referred to in Articles 4 and 5 of Regulation (EEC) No 565/80, the 60-day time limit for leaving the Community's customs territory referred to in Article 32(1)(b)(i) of Regulation (EC) No 1291/2000 and Article 7(1) and Article 34(1) of Regulation (EC) No 800/1999 is extended to 31 December 2001,
- the customs export formalities had been completed but which had not yet left the Community's customs territory or which had been placed under one of the customs control procedures referred to in Articles 4 and 5 of Regulation (EEC) No 565/80, the exporter shall repay any refund paid in advance and the various securities pertaining to the operations shall be released,
- the customs formalities had been completed and which had left the Community's customs territory, they may be brought back and released for free circulation in the Community. The exporter shall repay any refund paid in advance and the various securities pertaining to the operations shall be released,
- the customs formalities had been completed and which had left the Community's customs territory, they may be brought back to be placed under a suspensive procedure in a free zone, free warehouse or customs warehouse until 31 December 2001 before reaching their final destination; this shall not affect payment of the refund for the actual final destination or the security lodged in respect of the licence."
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 to operations for which a final decision has not yet been adopted.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 2001. | [
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*****
COMMISSION DECISION
of 29 July 1985
concerning animal health conditions and veterinary certification for imports of fresh meat from certain third countries
(85/414/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), and in particular Articles 16, 23 and 28 thereof,
Whereas Commission Decisions 78/693/EEC (2), 85/97/EEC (3), 85/96/EEC (4), 85/99/EEC (5) and 85/220/EEC (6) have laid down the animal health conditions and veterinary certification requirements for imports of fresh meat from Argentina, Brazil, Uruguay, Paraguay and Colombia respectively; whereas these Decisions allow Member States to authorize imports of bovine tongues subject to special conditions; whereas inspection, in accordance with Article 23 of the Directive, of such tongues on importation for signs of foot-and-mouth disease is frustrated if epithelium has been removed before inspection; whereas it is therefore advisable, for reasons of animal health, to forbid the importation of tongues without epithelium from Argentina, Brazil, Uruguay, Paraguay and Colombia;
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
1. In Article 1 of Commission Decisions 78/693/EEC, 85/97/EEC, 85/96/EEC, 85/99/EEC and 85/220/EEC concerning animal health conditions and veterinary certification for imports of fresh meat from Argentina, Brazil, Uruguay, Paraguay and Colombia respectively, the words 'completely trimmed tongues without bone, cartilage or tonsils' are hereby replaced by 'completely trimmed tongues with epithelium and without bone, cartilage or tonsils'.
2. In the first footnote to Annex D of Decision 78/693/EEC and in the first footnote to Annex C of Decisions 85/97/EEC, 85/96/EEC, 85/99/EEC and 85/220/EEC respectively, the word 'tongues' is hereby replaced by the words 'tongues with epithelium and'.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 July 1985. | [
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COMMISSION REGULATION (EC) No 1080/2008
of 4 November 2008
amending Regulation (EC) No 1100/2006 laying down, for the marketing years 2006/07, 2007/08 and 2008/09, detailed rules for the opening and administration of tariff quotas for raw cane-sugar for refining, originating in least developed countries, as well as detailed rules applying to the importation of products of tariff heading 1701 originating in least developed countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 12(6) 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 in combination with Article 4 thereof,
Whereas:
(1)
Article 5(7)(d) of Commission Regulation (EC) No 1100/2006 of 17 July 2006 laying down, for the marketing years 2006/07, 2007/08 and 2008/09, detailed rules for the opening and administration of tariff quotas for raw cane-sugar for refining, originating in least developed countries, as well as detailed rules applying to the importation of products of tariff heading 1701 originating in least developed countries (3), limits the applications for import licenses of sugar from Least Developed Countries (LDC) to ‘approved operators’.
(2)
Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (4) (GSP Regulation) provides for a more inclusive definition: ‘the applicant’. However, the amendment it introduces will become applicable only from 1 January 2009, at the start of application of the new period of the GSP Regulation, and not from the beginning of the next marketing year for sugar, which starts on 1 October 2008. In order to avoid discrimination between operators willing to supply the market, the new definition shall coincide with the starting of the marketing year of sugar. Regulation (EC) No 1100/2006 should therefore be amended accordingly.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Generalised Preferences Committee.
(4)
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
In Article 5(7)(d) of Regulation (EC) No 1100/2006, the words ‘the approved operator’s pledge’ shall be replaced by the words ‘the applicant’s pledge’.
Article 2
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 DECISION of 13 April 1992 approving an amendment to the varietal conversion programme for hops submitted by the United Kingdom pursuant to Council Regulation (EEC) No 2997/87 (Only the English text is authentic) (92/263/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2997/87 of 22 September 1987 laying down, in respect of hops, the amount of aid to producers for the 1986 harvest and providing for special measures for certain regions of production (1), as last amended by Regulation (EEC) No 3837/90 (2), and in particular Article 2 (5) thereof,
Having regard to Commission Regulation (EEC) No 3889/87 of 22 September 1987 laying down detailed rules for the application of the special measures for certain regions of hop production (3), as last amended by Regulation (EEC) No 345/91 (4), and in particular Article 3 thereof,
Whereas, pursuant to Article 2 (5) of Regulation (EEC) No 2997/87, on 17 March 1988 the United Kingdom forwarded to the Commission a varietal conversion programme for hops; whereas that programme, as amended on 26 July 1988, was approved by Commission Decision 89/17/EEC (5);
Whereas on 12 December 1988 the United Kingdom forwarded to the Commission amendments to that programme which were approved by Commission Decision 89/417/EEC (6);
Whereas on 26 October 1989 the United Kingdom forwarded to the Commission amendments to that programme which were approved by Commission Decision 90/157/EEC (7);
Whereas on 11 June 1991 the United Kingdom forwarded to the Commission amendments to that programme which were approved by Commission Decision 91/501/EEC (8);
Whereas on 31 December 1991 the United Kingdom forwarded to the Commission further amendments to that programme;
Whereas the programme as amended meets the objectives laid down in the Regulation in question and contains the information required in Article 2 of Regulation (EEC) No 3889/87;
Whereas the special aid for varietal conversion may also be granted for areas under other varieties where the latter are present on areas under mainly bitter varieties covered by a conversion plan;
Whereas the programme lodged by the United Kingdom does not provide for any financial contribution from the national budget; whereas the actual costs referred to in Article 2 (2) of Regulation (EEC) No 2997/87 may include data for assessing the net loss of revenue as a result of the implementation of the conversion plan; whereas, however, only data relating to the net loss of income suffered from the date of adoption of Regulation (EEC) No 2997/87 may enter into the calculation of the actual costs;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Hops,
HAS ADOPTED THIS DECISION:
Article 1
The amendment to the varietal conversion programme for hops submitted pursuant to Regulation (EEC) No 2997/87 by the United Kingdom on 31 December 1991 is hereby approved. The main aspects of that programme as amended are summarized in the Annex hereto.
Article 2
The United Kingdom shall inform the Commission every six months of progress in the programme and shall notify the Commission, where applicable, of any financial contribution it may make to the programme.
Article 3
This Decision is addressed to the United Kingdom. Done at Brussels, 13 April 1992. | [
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COMMISSION REGULATION (EEC) No 2321/91 of 31 July 1991 laying down detailed rules for urgent action for the supply of butter and skimmed-milk powder to Bulgaria and amending Regulation (EEC) No 569/88
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 597/91 of 5 March 1991 on urgent action for the supply of agricultural and medical products intended for the people of Romania and Bulgaria (1), and in particular Article 5 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (2), as last amended by Regulation (EEC) No 2205/90 (3), and in particular Article 2 (4) thereof,
Whereas Regulation (EEC) No 597/91 provides for urgent action for the free supply of agricultural products to Bulgaria and Romania; whereas the costs of supplying these products are to be met by the Community; whereas, for the purposes of implementing the urgent action, detailed rules of application should be laid down for the milk and milk products sector;
Whereas, in order to effect these supplies, products available as a result of intervention measures should be released; whereas, in view of the quantity and location of intervention stocks, a total of 2 000 tonnes of butter and 4 200 tonnes of skimmed-milk powder stored in France and Germany should be mobilized; whereas, in order to allow competition under fair conditions, it should be made possible for tenderers to take over products from the German intervention agency or from the French agency and, consequently, to submit their tenders to either of these agencies;
Whereas, pursuant to Regulation (EEC) No 597/91, suppliers are to be chosen by tendering procedure; whereas this procedure must enable to determine, for products made available by the abovementioned intervention agencies, the costs of transport to the required destination; whereas, pursuant to the same Regulation, no export refund is to be granted, or monetary compensatory amounts applied, in respect of the products supplied;
Whereas, in order to ensure that the supplies are effected properly, the conditions for lodging securities should be determined together with the necessary detailed rules for the implementation of both Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (4), as last amended by Regulation (EEC) No 3745/89 (5), and Commission Regulation (EEC) No 569/88 of 16 February 1988 laying down common detailed rules for verifying the use and/or destination of products from intervention (6), as last amended by Regulation (EEC) No 2320/91 (7);
Whereas, for the purposes of determining the supply costs and the securities to be lodged, and in order to adopt a balanced approach in line with actual economic conditions, provision should be made for the use of the representative market rates referred to in Article 3a of Commission Regulation (EEC) No 3152/85 of 11 November 1985 laying down detailed rules for the application of Council Regulation (EEC) No 1676/85 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (8), as last amended by Regulation (EEC) No 3237/90 (9);
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
The costs of the following supplies shall be determined in accordance with Regulation (EEC) No 597/91, this Regulation and by tendering procedure:
1. the supply to Bulgaria of 2 000 tonnes of butter with a fat content not less than 82 % held by the intervention agencies referred to in Annex I.
Supply shall comprise delivery by refrigerated lorry free at destination to the addresses referred to in Annex IV.
2. the supply to Bulgaria of 4 200 tonnes of skimmed-milk powder held by the intervention agencies referred to in Annex I.
Supply shall comprise delivery, without further processing, of the product made available by the abovementioned agencies, to the addresses referred to in Annex V.
Article 2
1. Interested parties shall submit their tenders, by 12 noon on 6 August 1991 at the latest, either to the German intervention agency or the French intervention agency, the addresses of which are given in Annex II.
2. Tenders shall indicate the name and address of the tenderer and shall be acceptable only if:
(a) they refer clearly to one of the two supplies provided for in Article 1;
(b) they cover the total quantity laid down for the supply in question referred to in Article 1;
(c) they specify an amount in ecus per tonne for effecting the entire supply;
(d) they are accompanied by proof that the tenderer has lodged a tendering security of ECU 20 per tonne in favour of the intervention agency;
(e) they are accompanied by a written undertaking by the tenderer to effect supply to the destinations indicated in Article 1 under the conditions laid down by 1 October 1991.
Article 3
1. The German and French intervention agencies shall inform the Commission of the tenders received 24 hours after the final date for submission of tenders at the latest.
2. On the basis of the tenders received, the Commission:
- shall fix the maximum amount for the supply costs,
- or shall reject the tenders; in this case, it may be decided to issue a new invitation to tender.
If a maximum amount for the supply costs is fixed, the supply contract shall be awarded to the tenderer whose tender quotes the lowest amount.
3. Within 48 hours of the Member State being notified of the decision referred to in paragraph 2, the intervention agencies shall inform all tenderers by written telecommunication of the outcome of the tendering procedure and shall inform the successful tenderer that the supply contract has been awarded to him.
Article 4
1. The tendering security provided for in Article 2 (2) (d) shall be released without delay if a tender is not accepted or if all tenders are rejected.
2. The primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be:
(a) for tenderers: the maintenance of their tender until the decision provided for in Article 3 (2) has been adopted;
(b) for the successful tenderer:
- the lodging of the supply security provided for in Article 5 (1),
- taking over from the intervention agency of the products made available for supply.
Article 5
1. Before removal of the butter or skimmed-milk powder, the successful tenderer shall lodge a supply security of ECU 3 400 per tonne of butter and ECU 1 900 per tonne of skimmed-milk powder for each quantity removed, in favour of the intervention agency holding the product.
The successful tenderer shall take over the products in accordance with the provisions applicable to the removal of intervention stocks.
2. The intervention agency shall take all measures necessary to check the quality of the products made available for supply.
3. The primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be the delivery of the full quantity under the conditions laid down.
4. The supply security shall be released and the amount of the tender shall be paid when the successful tenderer provides proof that supply has been effected in accordance with the conditions laid down. Such proof shall be provided by the submission, by 10 October 1991 at the latest, of the transport document and the take-over certificate drawn up as shown in Annex III and issued by a representative of the International Aid Agency.
Article 6
The conversion rate to be used for tenders and for tendering and supply securities shall be the representative market rates referred to in Article 3 a of Regulation (EEC) No 3152/85, applicable on the final date for submission of tenders.
Article 7
The withdrawal order referred to in Article 3 of Regulation (EEC) No 569/88 and in the export declaration shall bear the following additional information:
'Urgent action for Bulgaria. Non-application of export refunds and monetary compensatory amounts, Council Regulation (EEC) No 597/91.'
Article 8
Regulation (EEC) No 569/88 is hereby amended as follows:
1. Under I 'Products to be exported in the same state as that in which they were removed from intervention stock' in the Annex, the following point 98 and the relevant footnote are added:
'98. Commission Regulation (EEC) No 2321/91 of 31 July 1991 laying down detailed rules for urgent action for the supply of butter and skimmed-milk powder to Bulgaria and amending Regulation (EEC) No 569/88 (98)'.
(98) OJ No L 213, 1. 8. 1991, p. 58.'
Article 9
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 (EC) No 1828/2001
of 17 September 2001
on issuing A2 export licences for 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 2190/96 of 14 November 1996 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), as last amended by Regulation (EC) No 298/2000(2), and in particular Article 3(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1705/2001(3) set the indicative refund rates and the indicative quantities for A2 export licences, other than those applied for in the context of food aid.
(2) For tomatoes, oranges, lemons, table grapes and apples, in view of the economic situation and taking account of information received by operators via their applications for A2 licences, the definitive refund rates should be set at a different rate from the indicative rates. The percentages for the issuing of licences for the quantities applied for should also be set. The definitive rates may not be more than 50 % more than the indicative rates.
(3) Pursuant to Article 3(5) of Regulation (EC) No 2190/96, applications for rates in excess of the corresponding definitive rates shall be considered null and void,
HAS ADOPTED THIS REGULATION:
Article 1
1. For A2 export licences for which applications have been submitted pursuant to Article 1 of Regulation (EC) No 1705/2001 the actual date of application referred to in the second subparagraph of Article 3(1) of Regulation (EC) No 2190/96 is hereby set at 18 September 2001.
2. The licences referred to in the first paragraph shall be issued at the definitive refund rates and at the percentages for the quantities applied for as indicated in the Annex to this Regulation.
3. Pursuant to Article 3(5) of Regulation (EC) No 2190/96, applications referred to in the first paragraph for rates in excess of the corresponding definitive rates set out in the Annex shall be considered null and void.
Article 2
This Regulation shall enter into force on 18 September 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 2001. | [
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*****
COUNCIL DECISION
of 1 March 1984
revising the sectoral research and development programme in the field of environment (environmental protection and climatology) (indirect and concerted actions, 1981 to 1985) adopted by Decision 81/213/EEC
(84/139/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal of the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas in its Decision 81/213/EEC (4) the Council adopted a multi-annual research and development programme in the environmental field (indirect and concerted actions, 1981 to 1985);
Whereas Article 3 of the abovementioned Decision provides for a re-examination of the said programme, and, if necessary, for a revision;
Whereas it seems appropriate to revise the programme in the light of new research requirements and of the Council resolution of 25 July 1983 adopting the scientific and technical objectives of the European scientific and technical strategy framework programme 1984 to 1987 (5);
Whereas the Committee of Scientific and Technical Research (Crest) has given its opinion on the Commission proposal,
HAS DECIDED AS FOLLOWS:
Article 1
With effect from 1 January 1984 the Annex to Decision 81/213/EEC shall be amended as indicated in the Annex to this Decision.
Article 2
The funds estimated as necessary for the execution of the revised programme should be 49 300 000 ECU, including the Community contribution to the concerted actions listed in Part C of the Annex and including expenditure on a staff of 16.
Done at Brussels, 1 March 1984. | [
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*****
COMMISSION REGULATION (EEC) No 3406/86
of 6 November 1986
concerning the stopping of fishing for plaice by Community vessels
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2057/82 of 29 June 1982 establishing certain control measures for fishing activities by vessels of the Member States (1), as last amended by Regulation (EEC) No 3723/85 (2), and in particular Article 10 (3) thereof,
Whereas Council Regulation (EEC) No 3721/85 of 20 December 1985, fixing, for certain fish stocks and groups of fish stocks, provisional total allowable catches for 1986 and certain conditions under which they may be fished (3), as last amended by Regulation (EEC) No 3221/86 (4), fixes the Community share of the total allowable catch for plaice in the waters of ICES division III a Skagerrak for 1986 in conformity with the conclusions of the trilateral consultations with Norway and Sweden;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas and with the conclusions of the abovementioned consultations, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated to the Community;
Whereas, according to the information communicated to the Commission, catches of plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of a Member State or registered in a Member State, have reached the quota allocated for 1986;
HAS ADOPTED THIS REGULATION:
Article 1
Catches of plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of a Member State or registered in a Member State are deemed to have exhausted the quota allocated to the Community for 1986.
Fishing for plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of a Member State or registered in a Member State is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of entry into force of this Regulation.
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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COUNCIL REGULATION (EC) No 1035/1999
of 11 May 1999
on implementation by the Commission of a programme of specific measures and actions to improve access of European Union goods and cross-border services to Japan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 133 and Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the European Parliament's Resolution of 18 September 1997 on the Communication from the Commission to the Council on "Europe and Japan: the next steps"(2),
(1) Whereas the Council's Conclusions of 29 May 1995 on the Commission's Communication on Japan recognised the distinct and specific problems of market access in Japan; whereas, in the light of this, the Council considered that priority should be given to improving access to the Japanese market; whereas the Council has emphasised the need for complementarity between the actions of the Community and those of the Member States, in particular in its Conclusions on Market Access of 13 May and 10 June 1996;
(2) Whereas it is the primary responsibility of Member States to draw up and implement programmes of measures and actions to support the efforts of their exporters to build up a commercial presence in foreign markets;
(3) Whereas the implementation of appropriate measures and actions to improve access of European Union goods and cross-border services to Japan and to eliminate trade barriers should contribute to reducing the Community's trade imbalance with Japan;
(4) Whereas, in order to compete successfully in the Japanese market, Community enterprises should strive to establish permanent business relationships in Japan; whereas this requires them to confront the challenges posed by Japan's unique market requirements and local business practices and complex distribution structures and trade and investment regulations; whereas support by Member States and the Community can assist enterprises to overcome the difficulties resulting therefrom in the early stages of their marketing and investment efforts;
(5) Whereas continuing efforts need to be made to build up a pool of European business expertise in Japan, in particular through the longstanding and valued Executive Training Programme, in order to prepare European companies to take advantage of new market openings and to ensure that they are not placed at a disadvantage compared to their foreign competitors;
(6) Whereas the specificity of the Japanese market led the Commission, in coordination with Member States, to set up the second "Gateway to Japan" campaign in 1997 to complement and back up the activities of Member States in this field; whereas this campaign is at its mid-term point and its immediate discontinuation would lead to a loss of investment in the network responsible for executing the campaign; whereas in the current economic climate in Japan, the "Gateway to Japan" campaign should continue until its expiry at the end of 2000, in order to support the continuing efforts by Member States;
(7) Whereas support may be given to other specific actions designed, inter alia, to facilitate access to the Japanese market by Community enterprises, notably SMEs, to identify and eliminate trade barriers in accordance with the Community market access strategy outlined in Council Decision 98/552/EC of 24 September 1998(3), to bring high level business missions to Japan to address specific market access issues, to collect information on specific regulatory issues in the field of trade, investment and intellectual property rights in the Japanese market affecting Community business interests, to establish conferences and seminars to promote European Union-Japan trade and investment relations and to promote initiatives to enhance the visibility of the European Union in Japan;
(8) Whereas the objectives and operating criteria of the programme of specific measures and actions in the area of goods and cross-border provision of services to be undertaken is to be defined by the Commission in close cooperation with representatives of the Member States;
(9) Whereas this Regulation provides for measures to remove trade barriers, to facilitate market access, to promote investment and to promote the export of European Union goods and cross-border services;
(10) Whereas part of the activities falling within the scope of this Regulation are covered by Article 133 of the Treaty; whereas, for the other activities, the Treaty does not provide for powers other than those in Article 308 thereof;
(11) Whereas this Regulation is to expire on 31 December 2001,
HAS ADOPTED THIS REGULATION:
Article 1
In cooperation with Member States, who are primarily responsible for the design and implementation of programmes and actions to promote the exports of Community goods and cross-border services in third country markets, the Community shall implement a specific, coherent and targeted programme of measures and actions that complement and bring added value to the efforts undertaken by Member States in the Japanese market.
The activities of Member States to draw up and implement policies, programmes and arrangements to promote their exports of goods and cross-border services to third country markets shall not be affected by this Regulation.
Article 2
1. Within the limits established annually by the budget authority, the Community programme shall consist of the following two principal measures and actions:
(a) a training programme ("Executive Training Programme") to build up a pool of European executives able to communicate and operate in the Japanese business environment,
(b) the recruitment, training, pre-mission preparation and participation of groups of European business executives, notably from SMEs, to participate in actions in Japan aimed at improving their commercial presence on the Japanese market (the "Gateway to Japan" campaign). The objective of the campaign shall be:
- to enhance trade and investment relations with Japan,
- to increase the understanding of Japanese trade and investment regulations and business practices.
2. In addition to the measures and actions referred to in paragraph 1, support may be given to the following actions and measures, where appropriate:
(a) special actions that facilitate access to the Japanese market by Community enterprises, notably SMEs;
(b) special measures to identify and eliminate trade barriers in accordance with the Community's market access strategy;
(c) the collection of information and policy advice on specific regulatory issues, in the field of trade, investment and intellectual property rights in the Japanese market which may affect Community business interests;
(d) conferences and seminars to promote trade and investment relations between the European Union and Japan and initiatives to enhance the visibility of the European Union in Japan;
(e) high-level business missions to address specific market access issues in Japan;
(f) studies to evaluate the effectiveness of measures and actions undertaken within the framework of this Regulation.
3. When implementing paragraph 2, the Commission shall ensure the full compatibility of specific activities with the policies of the Community and the Member States, and shall make an annual report.
Article 3
1. The Commission shall present to the European Parliament and the Council by 1 September 2000 an evaluation report including the results of the control and monitoring operations financed; this report shall also take account of contractual obligations and principles of sound and efficient management. It shall include the results of a cost effectiveness analysis.
2. In carrying out the activities referred to in Article 2, the Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.
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.
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.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall expire on 31 December 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION DECISION of 3 May 1994 concerning the grant of assistance from the cohesion financial instrument to the project concerning soil improvement in Spain No CF: 93/11/61/096 (Only the Spanish text is authentic) (94/713/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), as amended by Regulation (EC) No 566/94 (2), and in particular Article 8 (6) thereof,
Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), amemded by Regulation (EEC) No 2082/93 (4), are to apply mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measure for which the cohesion financial instrument may provide assistance;
Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that the measures which are described in Annex V to this Decision are undertaken;
Whereas on 14 August 1993 the Spanish Government submitted an application for assistance from the cohesion financial instrument for the first phase of the project concerning soil improvement in Spain;
Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93;
Whereas the application for assistance contains all the information required by Article 8 (4) of Regulation (EEC) No 792/93 and satisfies the criteria set out in Article 8 (3) and (5) of the Regulation;
Whereas the project will help achieve the objectives of Article 130r of the Treaty concerning the environment;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5), as last amended by Regulation (Euratom, ECSC, EEC) No 610/90 (6), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project;
Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision; whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to
Article 9
(3) of Regulation (EEC) No 792/93 and the provisions contained in Annex VI;
Whereas all the other conditions laid down have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
The project concerning soil improvement in Spain described in Annex I hereto is hereby approved for the period 1 January to 31 December 1993.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 437 212.
2. The rate of Community assistance granted to the project shall be fixed at 85 %.
3. The maximum amount of the contribution from the cohesion financial instrument shall be fixed at ECU 371 632.
4. The contribution is committed from the 1994 budget.
Article 3
1. Community assistance shall be based on the financial plan for the project set out in Annex II.
2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III.
3. The amount of the first advance payment shall be fixed at ECU 185 816.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Spain and for which the requisite finance has been specifically allocated to works to be completed not later than 31 December 1993.
2. Expenditure incurred before 1 January 1993 shall not be eligible for assistance.
3. The closing date for the completion of national payments on the project is fixed not later than 12 months after the date mentioned in subparagraph 1.
Article 5
1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures.
2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the Treaty.
Article 6
Systematic monitoring and assessment of the project shall take place in accordance with the provisions set out in Annex IV hereto.
Article 7
The Member State concerned shall ensure adequate publicity for the project as specified in Annex V.
Article 8
Each Annex to this Decision shall form an integral part of it.
Article 9
Failure to comply with the provisions of this Decision may entail a reduction or suspension of assistance in accordance with the provisions set out in Annex VI.
Article 10
This Decision is addressed to Spain.
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COMMISSION REGULATION (EEC) No 2038/93 of 27 July 1993 laying down rules for implementing Council Regulation (EEC) No 1658/93 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1658/93 of 24 June 1993 setting up a specific measure in favour of cephalopod producers permanently based in the Canary Islands (1), and in particular Article 2 thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (2), and in particular Article 6 thereof,
Whereas Regulation (EEC) No 1658/93 introduced annual aid for cephalopod producers permanently based in the Canary Islands;
Whereas for the satisfactory operation of the aid scheme the aid should be paid to producer organizations;
Whereas provision should be made for the possibility of the payment of an advance which should be subject to the lodging of a security;
Whereas it is necessary to give details of and adjust the operative events for agricultural conversion rates laid down in Articles 10 and 12 of Commission Regulation (EEC) No 1068/93 (3), in order to take account of the terms on which the aid is granted;
Whereas the national authorities must implement the measures necessary to check that the terms on which the aid is granted are complied with;
Whereas Regulation (EEC) No 1658/93 is applicable with effect from 1 January 1993; whereas this Regulation must therefore be applicable from that date;
Whereas the measures provided for by this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down implementing rules for the annual and granted for a transitional period to cephalopod producers permanently based in the Canary Islands.
Article 2
The aid shall be paid to producer organizations, which shall distribute it to their producer members in line with the quantities actually produced and marketed on their account.
Article 3
1. Producer organizations may apply for an advance on the annual aid of up to 50 % of the ceiling set in Article 1 (2) of Regulation (EEC) No 1658/93, on the basis of the average production of their members over the previous three years, provided that they have lodged a security for 110 % of the advance.
The annual application for an advance must reach the intervention agency by 1 May at the latest of the year in question. For 1993 this date shall be 1 August. The intervention agency shall pay the advance within two months of receiving the application.
The agricultural conversion rate for the advance and the security shall be that applicable on the day on which the application is lodged.
2. Producer organizations shall submit to the intervention agency before 1 March of the following year an application for payment of the balance of the aid, broken down by eligible quantity marketed in each month of the year.
The intervention agency shall pay the balance within two months of submission of the application.
The agricultural conversion rate for the aid for the eligible quantities marketed each month shall be that applicable on the first day of that month. The balance to be paid shall be the total aid due in national currency less the advance paid in national currency.
Article 4
1. The competent national authorities shall set up whatever surveillance arrangements are required to verify that producers to whom the aid is paid are entitled to it.
2. For surveillance purposes producer organizations shall keep production and marketing records for eligible products and make quarterly notification to the competent authorities of the Member States of the information required for surveillance.
3. Details of the information required in records and notifications to the competent authorities shall be decided by the Member State.
4. Within three months of the end of each annual period for which the aid is granted the national authorities shall send the Commission a report on quantities and values produced and marketed and the state of the stocks and eligible quantities on which the aid has been paid, showing that the requirements of Article 1 (2) of Regulation (EEC) No 1658/93 have been met.
Article 5
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 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1993. | [
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Commission Decision
of 22 July 2003
on temporary measures to prevent the transmission of foot-and-mouth disease from certain North African countries to the territory of the European Union
(notified under document number C(2003) 2611)
(Text with EEA relevance)
(2003/547/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,
Whereas:
(1) Foot-and-mouth-disease is one of the most contagious viral diseases of cattle, sheep, goats and pigs and the causative virus can persist in a contaminated environment outside the host animal for several weeks depending, amongst others, of climatic factors.
(2) On 18 June 2003, Libya notified to the Office International des Epizooties (OIE) the confirmation of foot-and-mouth disease in cattle caused by serotype SAT 2. This is the first reported outbreak of foot-and-mouth disease in this country since 1994 and the first ever in relation to the serotype of the virus identified in the OIE Reference Laboratory for Foot-and-Mouth Disease in Pirbright, United Kingdom.
(3) The competent authorities in Libya have taken measures to contain the disease by the stamping out of infected animals, isolation of herds, movement restrictions and surveillance.
(4) The Community does not allow imports of live animals of susceptible species or their products from Libya. Importation of animals to the Community primarily relates to re-entry of registered horses in accordance with Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(2), as last amended by Regulation (EC) No 806/2003(3).
(5) However, transport vehicles used for transport of animals on arrival from Libya to the European Union may cause a potential risk of harbouring virus. It is therefore necessary to rapidly adopt certain protection measures at Community level which take into account the survival of the foot-and-mouth disease virus in the environment and potential routes of virus transmission.
(6) Consequently, the presence of foot-and-mouth disease in Libya is liable to constitute a serious risk to the susceptible livestock population of the Community.
(7) Proper cleansing and disinfection of animal transport vehicles is the most appropriate way to reduce the risk of rapid virus transmission over large distances.
(8) Taking into account the significant delay between the first suspect on 1 May 2003 and the confirmation of the disease, a spread of the disease to neighbouring countries cannot be fully excluded and may require an extension of the geographical scope of this Decision.
(9) 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
For the purpose of this Decision "livestock vehicle" means any motor vehicle being used or which has been used for transport of animals.
Article 2
1. Member States shall ensure that the operator of an empty livestock vehicle on arrival from a third country, or part of a third country regionalised in accordance with Community legislation, mentioned in Annex I at the point of entry to the territory of the European Union provides documentation which indicates that the vehicle has been cleansed and disinfected. The documentation shall provide information on cleansing and disinfection equivalent to that shown in Annex II to this Decision.
2. In the event the measures referred to in paragraph 1 have been implemented inappropriately, the Member State concerned may reject the livestock vehicle or subject the vehicle to proper cleansing and disinfection at a designated place as close as possible to the point of entry.
Article 3
Livestock vehicles carrying equidae from a third country, or part of a third country regionalised in accordance with Community legislation, mentioned in Annex I, being imported in accordance with provisions of Directive 90/426/EEC, shall be subject to cleansing and disinfection on arrival at the border inspection post. The mentioned cleansing and disinfection shall be carried out at a place as close as possible to the border inspection post, designated by the official veterinarian.
Article 4
The measures of this Decision shall apply until 31 October 2003.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 22 July 2003. | [
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COMMISSION REGULATION (EC) No 1266/96 of 1 July 1996 amending Regulation (EC) No 1960/95 laying down detailed rules for the transitional application of the system of entry prices for grape juice and musts and Regulation (EC) No 2309/95 establishing transitional measures for the import of grape juice and must from Cyprus
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1544/95 (2), and in particular Articles 53 (3) and 83 thereof,
Whereas Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (3), as amended by Regulation (EC) No 1193/96 (4), and in particular Article 3 (1) thereof;
Whereas Commission Regulation (EC) No 1960/95 (5) lays down transitional measures, valid until 30 June 1996, to facilitate the introduction of the arrangements for monitoring import prices for grape juice and must resulting from the agreements concluded during the Uruguay Round of multilateral trade negotiations; whereas that Regulation permits customs authorities to compare import prices with the entry prices given in the common customs tariff in order to determine the customs duties to be collected;
Whereas Commission Regulation (EC) No 2309/95 (6) lays down transitional measures, valid until 30 June 1996, to facilitate the introduction of the arrangements applicable to imports of grape juice and must from Cyprus resulting from the agreements concluded during the Uruguay Round of multilateral trade negotiations pending a long-term solution within the framework of the agreement creating an association between the European Community and the Republic of Cyprus;
Whereas the period for the adoption of transitional measures was extended until 30 June 1997 by Regulation (EC) No 1193/96 extending the period for the adoption of the transitional measures required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations; whereas, pending the adoption by the Council of definitive measures, the transitional measures provided for in Regulation (EC) No 1960/95 and (EC) No 2309/95 should be extended until 30 June 1997;
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
Regulation (EC) No 1960/95 is hereby amended as follows:
1. In Article 1, the date '30 June 1996` is replaced by '30 June 1997`.
2. In Article 4, the date '30 June 1996` is replaced by '30 June 1997`.
Article 2
In Article 2 of Regulation (EC) No 2309/95, the date '30 June 1996` is replaced by '30 June 1997`.
Article 3
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 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 July 1996. | [
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*****
COMMISSION REGULATION (EEC) No 3578/82
of 23 December 1982
amending for the third time Regulation (EEC) No 263/81 laying down detailed rules for the application of the import arrangements provided for by Regulations (EEC) No 217/81 and (EEC) No 218/81 in the beef and veal sector, and amending for the sixth time Regulation (EEC) No 2377/80
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,
Having regard to Council Regulation (EEC) No 217/81 of 20 January 1981 opening a Community tariff quota for high-quality fresh, chilled or frozen beef and veal falling within subheadings 02.01 A II a) and 02.01 A II b) of the Common Customs Tariff (2), as last amended by Regulation (EEC) No 3340/82 (3), and in particular Article 2 thereof,
Having regard to Council Regulation (EEC) No 218/81 of 20 January 1981 opening a Community tariff quota for frozen buffalo meat falling within subheading 02.01 A II b) 4 bb) 33 of the Common Customs Tariff (4), as last amended by Regulation (EEC) No 3226/82 (5), and in particular Article 2 thereof,
Whereas Regulations (EEC) No 217/81 and (EEC) No 218/81 opened quotas for high-quality beef and veal and for buffalo meat for 1981; whereas these quotas have been extended to 1982; whereas Regulations (EEC) No 3340/82 and (EEC) No 3226/82 have fixed the said quotas for 1983; whereas it is accordingly necessary to amend Commission Regulation (EEC) No 263/81 (6), as last amended by Regulation (EEC) No 3751/81 (7), laying down detailed rules for their application;
Whereas Article 7 of Regulation (EEC) No 263/81 makes provision for the imports of high-quality meat referred to in Article 1 (1) (d) to be managed on a quarterly basis; whereas Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (8), as last amended by Regulation (EEC) No 1617/82 (9), and in particular Article 15 thereof, accordingly defines the rules for lodging applications for and issuing licences; whereas, in the light of experience acquired in managing the quotas in question, it would appear advisable to adopt a less rigid and more flexible management method in order to ensure optimum utilization of the system; whereas it seems appropriate to adopt a monthly system and to include the corresponding provisions within the framework of Regulation (EEC) No 2377/80; whereas, with the same aim in mind, the provision contained in Article 12 (1) (a) of the said Regulation, fixing a maximum tonnage for licence applications, should accordingly be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 263/81 is hereby amended as follows:
1. In Article 1 (1) and (2), 'for 1982' is replaced by 'for 1983'.
2. In Article 1 (1) (a), '5 000 tonnes' is replaced by '12 500 tonnes'.
3. In Article 1 (1) (c), '1 000 tonnes' is replaced by '2 300 tonnes'.
4. Article 7 is replaced by the following:
'Article 7
The lodging of licence applications and the issuing of import licences for the meat referred to in Article 1 (1) (d) shall be effected in accordance with the provisions of Articles 12 and 15 of Regulation (EEC) No 2377/80.'
Article 2
Regulation (EEC) No 2377/80 is hereby amended as follows:
1. Article 12 (1) (a) is replaced by the following:
'(a) the licence application or applications lodged by any one applicant shall relate to a total quantity corresponding to not less than five tonnes of meat by product weight in respect of the arrangements in question for the month during which the application or applications are lodged;'.
2. In Article 15 (1) (a), (2) (b) and (5) (a), 'under Articles 9 to 12' is replaced by 'under Articles 9 to 11'.
3. In Article 15 (1) (b), 'applications under Article 13' is replaced by 'applications under Articles 12 and 13'.
4. In Article 15 (4) (b), 'under Articles 10 to 12' is replaced by 'under Articles 10 and 11'.
5. In Article 15 (4), the following is inserted:
'(e) in respect of applications lodged under Article 12, on the second working day following the last day of the period for the submission of applications, the total quantity for which applications have been lodged.'
6. In Article 15 (5) (b), 'under Article 13' is replaced by 'under Articles 12 and 13'.
7. In Article 15 (6) (a), 'Articles 9 to 12' is replaced by 'Articles 9 to 11'.
8. In Article 15 (6), the following is inserted:
'(d) The Commission shall decide to what extent applications under Article 12 can be accepted. If the quantities for which licences have been requested exceed the quantities available, the Commission shall reduce the amounts requested by a fixed percentage. If the total quantity requested is lower than that available, the Commission shall determine the amount of the balance remaining.'
Article 3
This Regulation shall enter into force on 1 January 1983.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 1982. | [
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COUNCIL DECISION
of 31 May 1999
implementing Common Position 98/633/CFSP defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning the process on stability and good-neighbourliness in South-East Europe
(1999/361/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and in particular Article 18(5) thereof,
Having regard to Common Position 98/633/CFSP(1),
(1) Whereas Common Position 98/633/CFSP aims at consolidating support for the Royaumont Process on stability and good-neighbourliness in South-East Europe;
(2) Whereas the contribution of the Royaumont Process Coordinator; Mr Roumeliotis, has been instrumental in the development of the Process;
(3) Whereas with a view to the consolidation and continuation of the work carried out so far, the Coordinator should be provided with the logistical base and the human resources needed to continue to carry out his functions,
HAS DECIDED AS FOLLOWS:
Article 1
In order to provide support for the Coordinator in the fulfilment of his tasks, Mr Roumeliotis is appointed EU Special Representative for the Royaumont Process. The Special Representative shall perform his tasks under the responsibility of the EU Presidency and in full association with the Commission, in accordance with the terms of reference and the action plan set out at Annexes I and II to Common Position 98/633/CFSP.
Article 2
The EU Special Representative shall be guided by and report under the authority of the Presidency to the Council on a regular basis, and as the need arises. The Commission shall be fully associated therewith.
Article 3
1. The financial reference amount for the implementation of this Decision during the period 31 May 1999 to 31 May 2000 shall be EUR 550000. This amount shall cover costs related to the remuneration of the Special Representative and his team, travel expenses and communication expenditure.
2. Member States and EU institutions may propose the secondment of staff to work with the EU Special Representative. The remuneration of personnel who might be seconded by a Member State or a European Union institution to the EU Special Representative shall be covered respectively by the Member State or the European Union institution concerned.
3. The Council notes that the Presidency, European institutions and/or Member States as appropriate will offer logistical support to the Coordinator in the fulfilment of his tasks.
Article 4
This Decision shall enter into force on the date of its adoption.
It shall expire on 31 May 2000.
Article 5
This Decision shall be published in the Official Journal.
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COMMISSION DECISION of 27 August 1993 adopting the plan allocating to the Member States resources to be charged to the 1994 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community
(93/484/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the Community (1), and in particular Articles 1 and 6 thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (2), and in particular Article 3 (4) and Article 6 (2) thereof,
Whereas Commission Regulation (EEC) No 3149/92 (3) lays down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community;
Whereas in order to implement the scheme for the supply of such food to the most deprived section of the population, to be financed from resources available in the 1994 budget year, the Commission must adopt a plan; whereas this plan should indicate in particular the quantity of products by type that may be withdrawn from intervention stock for distribution in each Member State and the financial resources made available to implement the plan in each Member State; whereas this plan should also indicate the level of appropriations to be reserved to cover costs of intra-Community transport of intervention products as referred to in Article 7 of Regulation (EEC) No 3149/92;
Whereas for this scheme all Member States, except Germany, have provided the information required in accordance with the provisions of Article 1 of Regulation (EEC) No 3149/92;
Whereas in order to facilitate the implementation of this scheme the conversion rates to be applied to the budgetary limits which have been set should be specified;
Whereas it is necessary in order to help optimize the utilization of budget appropriations to take account of the degree to which the various Member States used the resources allocated to them in 1991, 1992 and 1993;
Whereas in accordance with the provisions of Article 2 (2) of Regulation (EEC) No 3149/92 the Commission has sought the advice of major organizations familiar with the problems of the most deprived persons in the Community when drawing up this plan;
Whereas the measures provided for in this Decision are in accordance with the opinions of the relevant management committees,
HAS ADOPTED THIS DECISION:
Article 1
The plan referred to in Article 2 (1) of Regulation (EEC) No 3149/92 for the 1994 budget year is adopted as set out in the following Articles:
Article 2
Subject to a limit of ECU 2 422 000, the following quantities of produce may be withdrawn from intervention for distribution in Belgium:
- 3 000 tonnes of common wheat,
- 300 tonnes of milk powder,
- 200 tonnes of butter,
- 600 tonnes of beef.
Article 3
Subject to a limit of ECU 2 000 000, the following quantities of produce may be withdrawn from intervention for distribution in Denmark:
- 50 tonnes of butter,
- 250 tonnes of beef.
Article 4
Subject to a limit of ECU 12 000 000, the following quantities of produce may be withdrawn from intervention for distribution in Greece:
- 4 000 tonnes of beef.
Article 5
Subject to a limit of ECU 35 400 000, the following quantities of produce may be withdrawn from intervention for distribution in Spain:
- 30 000 tonnes of durum wheat,
- 5 000 tonnes of butter,
- 6 000 tonnes of beef,
- 4 000 tonnes of olive oil.
Article 6
Subject to a limit of ECU 28 560 000, the following quantities of produce may be withdrawn from intervention for distribution in France:
- 5 000 tonnes of common wheat,
- 8 000 tonnes of durum wheat,
- 1 500 tonnes of butter,
- 5 000 tonnes of beef,
- 2 000 tonnes of rice,
- 6 000 tonnes of milk powder.
Article 7
Subject to a limit of ECU 4 600 000 the following quantitities of produce may be withdrawn from intervention for distribution in Ireland:
- 40 tonnes of butter,
- 1 450 tonnes of beef.
Article 8
Subject to a limit of ECU 24 500 000, the following quantities of produce may be withdrawn from intervention for distribution in Italy:
- 5 000 tonnes of common wheat,
- 10 000 tonnes of durum wheat,
- 1 500 tonnes of rice,
- 1 300 tonnes of butter,
- 7 000 tonnes of beef,
- 2 000 tonnes of olive oil,
- 1 000 tonnes of cheese (Grana Padano),
- 1 000 tonnes of cheese (Parmigiano Reggiano).
Article 9
Subject to a limit of ECU 78 000, the following quantities of produce may be withdrawn from intervention for distribution in Luxembourg:
- 20 tonnes of common wheat,
- 25 tonnes of milk powder,
- 15 tonnes of butter,
- 15 tonnes of beef.
Article 10
Subject to a limit of ECU 3 000 000, the following quantities of produce may be withdrawn from intervention for distribution in the Netherlands:
- 150 tonnes of butter,
- 600 tonnes of beef.
Article 11
Subject to a limit of ECU 10 440 000, the following quantities of produce may be withdrawn from intervention for distribution in Portugal:
- 1 850 tonnes of common wheat,
- 1 850 tonnes of durum wheat,
- 1 200 tonnes of rice,
- 1 200 tonnes of butter,
- 2 500 tonnes of beef,
- 1 000 tonnes of olive oil,
- 1 000 tonnes of milk powder.
Article 12
Subject to a limit of ECU 25 000 000, the following quantities of produce may be withdrawn, from intervention, for distribution in the United Kingdom:
- 6 000 tonnes of beef.
Article 13
ECU 2 million are reserved to cover the costs of intra-Community transport referred to in Article 2 (3) of Regulation (EEC) No 3149/92.
Article 14
All amounts in ecus shall be converted into national currencies at the rates applicable on 1 October 1993 and published in the Official Journal of the European Communities, C series.
Article 15
This Decision is addressed to the Member States.
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Commission Regulation (EC) No 59/2003
of 15 January 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 16 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 2003. | [
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Commission Regulation (EC) No 2223/2002
of 13 December 2002
prohibiting fishing for haddock by vessels flying the flag of France
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 haddock 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 haddock in the waters of ICES division VIIa by vessels flying the flag of France or registered in France have exhausted the quota allocated for 2002. France has prohibited fishing for this stock from 17 November 2002. 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 France or registered in France are hereby deemed to have exhausted the quota allocated to France for 2002.
Fishing for haddock in the waters of ICES division VIIa by vessels flying the flag of France or registered in France 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 17 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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Commission Regulation (EC) No 1069/2000
of 19 May 2000
laying down detailed rules governing the grant of private storage aid for Pecorino Romano cheese
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) 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) Article 9(1) of Regulation (EC) No 1255/1999 permits the granting of private storage aid for sheep's milk cheeses requiring at least six months for maturing where a serious market imbalance could be eliminated or reduced by seasonal storage.
(2) The seasonal nature of Pecorino Romano cheese production results in the building up of stocks which are difficult to sell and which risk causing a lowering of prices. Seasonal storage should therefore be introduced for the quantities to improve the situation and allow producers time to find outlets for their cheese.
(3) The detailed rules of this measure should determine the maximum quantity to benefit from it as well as the duration of the contracts in relation to the real requirements of the market and the keeping qualities of the cheeses in question. It is necessary to specify the terms of the storage contract so as to enable the identification of the cheese and to maintain checks on the stock in respect of which aid is granted. The aid should be fixed taking into account storage costs and the foreseeable trend of market prices.
(4) Article 1(1) of Commission Regulation (EEC) No 1756/93 of 30 June 1993 fixing the operative events for the agricultural conversion rate applicable to milk and milk products(2), as last amended by Regulation (EC) No 569/1999(3), fixes the conversion rate to be applied in the framework of private storage aid schemes in the milk products sector.
(5) Experience shows that provisions on checks should be laid down, particularly as regards the documents to be submitted and checks to be made on the spot. Therefore, it should be provided that Member States require the costs of checks be fully or partly borne by the contractor.
(6) It is appropriate to guarantee the continuation of the storage operations in question.
(7) 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
Aid shall be granted in respect of the private storage of 15000 tonnes of Pecorino Romano cheese manufactured in the Community and satisfying the requirements of Articles 2 and 3.
Article 2
1. The intervention agency shall conclude storage contracts only when the following conditions are met:
(a) the quantity of cheese to which the contract relates is not less than 2 tonnes;
(b) the cheese was manufactured at least 90 days before the date specified in the contract as being the date of commencement of storage, and after 1 October 1999;
(c) the cheese has undergone tests which show that it meets the condition laid down in (b) and that it is of first quality;
(d) the storer undertakes:
- not, during the term of the contract, to alter the composition of the batch which is the subject of the contract without authorisation from the intervention agency. If the condition concerning the minimum quantity fixed for each batch continues to be met, the intervention agency may authorise an alteration which is limited to the removal or replacement of cheeses which are found to have deteriorated to such an extent that they can no longer be stored.
In the event of release from store of certain quantities:
(i) if the aforesaid quantities are replaced with the authorisation of the intervention agency, the contract is deemed not to have undergone any alteration;
(ii) if the aforesaid quantities are not replaced, the contract is deemed to have been concluded ab initio for the quantity permanently retained.
Any supervisory costs arising from an alteration shall be met by the storer,
- to keep stock accounts and to inform the intervention agency each week of the quantity of cheese put into storage during the previous week and of any planned withdrawals.
2. The storage contract shall be concluded:
(a) in writing, stating the date when storage covered by the contract begins; this may not be earlier than the day following that on which the operations connected with putting the batch of cheese covered by the contract into storage were completed;
(b) after completion of the operations connected with putting the batch of cheese covered by the contract into storage and at the latest 40 days after the date on which the storage covered by the contract begins.
Article 3
1. Aid shall be granted only for cheese put into storage during the period 1 May to 31 December 2000.
2. No aid shall be granted in respect of storage under contract for less than 60 days.
3. The aid payable may not exceed an amount corresponding to 180 days storage under contract terminating before 31 March 2001. By way of derogation from the first indent of Article 2(1)(d), when the period of 60 days specified in paragraph 2 has elapsed, the storer may remove all or part of the batch under contract. The minimum quantity that may be removed shall be 500 kilograms. The Member States may, however, increase this quantity to 2 tonnes.
The date of the start of operations to remove cheese covered by the contract shall not be included in the period of storage under contract.
Article 4
1. The aid shall be as follows:
(a) EUR 100 per tonne for the fixed costs;
(b) EUR 0,35 per tonne per day of storage under contract for the warehousing costs;
(c) EUR 0,52 per tonne per day of storage under contract for the financial costs.
2. Aid shall be paid not later than 90 days from the last day of storage under contract.
Article 5
1. The Member States shall ensure that the conditions granting entitlement to payment of the aid are fulfilled.
2. The contractor shall make available to the national authorities responsible for verifying execution of the measure any documentation permitting in particular the following particulars of products placed in private storage to be verified:
(a) ownership at the time of entry into storage;
(b) the origin and date of manufacture of the cheeses;
(c) the date of entry into storage;
(d) presence in the store;
(e) the date of removal from storage.
3. The contractor or, where applicable, the operator of the store shall keep stock accounts available at the store, covering:
(a) identification, by contract number, of the products placed in private storage;
(b) the dates of entry into and removal from storage;
(c) the number of cheeses and their weight shown for each lot;
(d) the location of the products in the store.
4. Products stored must be easily identifiable and must be identified individually by contract. A special mark shall be affixed to cheese covered by contract.
5. Without prejudice to Article 2(1)(d), on entry into storage, the competent bodies shall conduct checks in particular to ensure that products stored are eligible, for the aid and to prevent any possibility of substitution of products during storage under contract.
6. The national authorities responsible for controls shall undertake:
(a) an unannounced check to see that the products are present in the store. The sample concerned must be representative and must correspond to at least 10 % of the overall quantity under contract for a private storage aid measure. Such checks must include, in addition to an examination of the accounts referred to in paragraph 3, a physical check of the weight and type of product and their identification. Such physical checks must relate to at least 5 % of the quantity subject to the unannounced check;
(b) a check to see that the products are present at the end of the storage period under contract.
7. Checks conducted pursuant to paragraphs 5 and 6 must be the subject of a report stating:
- the date of the check,
- its duration,
- the operations conducted.
The report on checks must be signed by the official responsible and countersigned by the contractor or, where applicable, by the store operator.
8. In the case of irregularities affecting at least 5 % of the quantities of products subject to the checks the latter shall be extended to a larger sample to be determined by the competent body.
The Member States shall notify such cases to the Commission within four weeks.
9. The Member States may provide that the costs of checks will be borne partly or fully by the contractor.
Article 6
Member States shall communicate to the Commission before 15 December 2000.
(a) the quantity of cheese for which storage contracts have been concluded;
(b) any quantities in respect of which the authorisation referred to in Article 2(1)(d) has been given.
Article 7
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 May 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 May 2000. | [
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Commission Regulation (EC) No 395/2003
of 3 March 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 4 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2003. | [
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COMMISSION DECISION
of 14 October 2009
on the extension of the mandate of the European Group on Ethics in Science and New Technologies and of the period of appointment of its members
(2009/757/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas:
(1)
The mandate of the European Group on Ethics in Science and New Technologies (EGE) was renewed by Commission Decision 2005/383/EC (1).
(2)
The appointment of the members of the EGE was renewed for a period of 4 years by Commission Decision 2005/754/EC (2).
(3)
The current mandate of the EGE and the current period of appointment of its members therefore come to an end on 20 October 2009.
(4)
It is appropriate that the new Commission should review both the subject of the mandate of the EGE and the appointment of its members.
(5)
To enable the EGE to continue to function until new decisions on its mandate and on the appointment of its members are taken, the current mandate of the EGE and the current period of appointment of its members should be extended,
HAS DECIDED AS FOLLOWS:
Article 1
The current mandate of the EGE, as provided for in Decision 2005/383/EC, is hereby extended until such time as that decision is replaced.
The current period of appointment of the members of the EGE, as provided for in Decision 2005/754/EC, is hereby extended until such time as that decision is replaced.
Article 2
This Decision shall enter into force on 21 October 2009.
Done at Brussels, 14 October 2009. | [
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COMMISSION REGULATION (EC) No 3421/93 of 13 December 1993 amending Regulation (EEC) No 2463/93 imposing a provisional anti-dumping duty on imports of fluorspar originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European 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 Community (1) thereof, and in particular Article 11 thereof,
After consultation within the Advisory Committee,
Whereas by Commission Regulation (EEC) No 2463/93 (2) a provisional anti-dumping duty was imposed on imports of fluorspar originating in the People's Republic of China;
Whereas Article 1 of that Regulation referred , as did the notice of initiation of the proceeding (3), to fluorspar containing more than 97 % of calcium fluoride, falling within CN code ex 2529 22 00, or containing less than 97 % of calcium fluoride, falling within CN code 2529 21 00. Contrary to the actual intention of the Commission, whose investigation concerned all fluorspar, it could be argued that fluorspar with a content of exactly 97 % is not covered by the provisional duty. In order to make clear all interested parties that the proceeding covers all fluorspar, it has been considered appropriate to amend the Regulation accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The first paragraph of Article 1 of Regulation (EEC) No 2463/93 is replaced by the following:
'Article 1
A provisional anti-dumping duty is hereby imposed on imports of fluorspar presented in filter cake form or in powder form, falling within CN codes ex 2529 22 00 (Taric code 2529 22 00 * 10) or ex 2529 21 00 (Taric code 2529 21 00 * 10), originating in the People's Republic of China.'
Article 2
Without prejudice to Article 7 (4) (b) of Regulation (EEC) No 2423/88 interested parties may make known their views in writing and apply to be heard by the Commission within 30 days of the entry into force of this Regulation.
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.
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COUNCIL REGULATION (EEC) No 2453/78 of 19 September 1978 concerning the conclusion of the Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Portuguese Republic for the purpose of adjusting certain tariff specifications
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 recommendation from the Commission,
Whereas in consequence of the amendments resulting from the recommendation of 18 June 1976 of the Customs Cooperation Council and of certain autonomous changes to the Common Customs Tariff and the Portuguese Customs Tariff certain tariff specifications in the Agreement between the European Economic Community and the Portuguese Republic (1) should be adjusted;
Whereas, moreover, it is necessary to amend the Agreement referred to above in order to establish a simplified procedure for adjusting tariff specifications in the event of further amendments to the tariffs of the contracting Parties,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement in the form of an exchange of letters amending the Agreement between the European Economic Community and the Portuguese Republic is hereby approved on behalf of the Community.
The text of the Agreement is annexed to this Regulation.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.
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 with effect from 1 January 1978.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 September 1978. | [
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COMMISSION DECISION of 17 February 1997 on the procedure for attesting the conformity of construction products pursuant to Article 20 (2) of Council Directive 89/106/EEC as regards metal injection anchors for use in masonry (Text with EEA relevance) (97/177/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (1), as amended by Directive 93/68/EEC (2), and in particular Article 13 (4) thereof,
Whereas the Commission is required to select, as between the two procedures in accordance with Article 13 (3) of Directive 89/106/EEC for attesting the conformity of a product, the 'least onerous possible procedure consistent with safety`; whereas this means that it is necessary to decide whether, for a given product or family of products, the existence of a factory production control system under the responsibility of the manufacturer is a necessary and sufficient condition for an attestation of conformity, or whether, for reasons related to compliance with the criteria mentioned in Article 13 (4), the intervention of an approved certification body is required for that purpose;
Whereas Article 13 (4) requires that the procedure thus determined must be indicated in the mandates and in the technical specifications; whereas, therefore, it is desirable to define the concept of products or family of products as used in the mandates and in the technical specifications;
Whereas the two procedures provided for in Article 13 (3) are described in detail in Annex III to Directive 89/106/EEC; whereas it is necessary therefore to specify clearly the methods by which the two procedures must be implemented, by reference to Annex III, for each product or family of products, since Annex III gives preference to certain systems;
Whereas the procedure referred to in point (a) of Article 13 (3) corresponds to the systems set out in the first possibility, without continuous surveillance, and the second and third possibilities of point (ii) of Section 2 of Annex III, and the procedure referred to in point (b) of Article 13 (3) corresponds to the systems set out in point (i) of Section 2 of Annex III, and in the first possibility, with continuous surveillance, of point (ii) of Section 2 of Annex III;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction,
HAS ADOPTED THIS DECISION:
Article 1
The products set out in Annex I shall have their conformity attested by a procedure whereby, in addition to a factory production control system operated by the manufacturer, an approved certification body is involved in assessment and surveillance of the production control or of the product itself.
Article 2
The procedure for attesting conformity as set out in Annex II shall be indicated in mandates for guidelines for European technical approvals.
Article 3
This Decision is addressed to the Member States.
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Commission Regulation (EC) No 2214/2001
of 15 November 2001
amending Regulation (EEC) No 2219/92 laying down detailed rules for the application of the specific supply arrangements for Madeira relating to milk products regarding the amounts of aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products(1), as last amended by Regulation (EC) No 1449/2001(2), and in particular Article 10 thereof,
Whereas:
(1) Commission Regulation (EEC) No 1696/92(3), as last amended by Regulation (EEC) No 2596/93(4), lays down in particular the detailed rules for the application of the specific arrangements for the supply of certain agricultural products to the Azores and Madeira.
(2) Annex II to Regulation (EEC) No 2219/92 of 30 July 1992 laying down detailed rules for the application of the specific supply arrangements for Madeira relating to milk products and establishing the forecast supply balance(5), as last amended by Regulation (EC) No 1168/2001(6), fixes the aid for milk products.
(3) Commission Regulation (EC) No 2213/2001 of 15 November 2001 fixing the export refunds on milk and milk products(7) fixes the refunds on those products. Annex II to Regulation (EEC) No 2219/92 should be adapted to take account of those adjustments.
(4) 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
Annex II to Regulation (EEC) No 2219/92 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 16 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2001. | [
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COMMISSION REGULATION (EC) No 1651/98 of 27 July 1998 fixing the reduction coefficients for the determination of the quantity of bananas to be allocated to each operator in category C from the tariff quota for 1998 (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 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2),
Having regard to Commission Regulation (EEC) No 1442/93 of 10 June 1993 laying down detailed rules for the application of the arrangements for importing bananas into the Community (3), as last amended by Regulation (EC) No 1409/96 (4), and in particular Article 4(4) thereof,
Whereas, pending the adaptation of the volume of the tariff quota as a result of the accession of Austria, Finland and Sweden, Commission Regulation (EC) No 2154/97 (5), for the purposes of implementing Article 4(4) of Regulation (EEC) No 1442/93, provisionally fixes the reduction coefficient to be applied to the annual allocation requested by each operator in category C on the basis of a tariff quota volume of 2 200 000 tonnes for 1998;
Whereas the volume of the tariff quota was subsequently fixed at 2 553 000 tonnes for 1998 by Commission Regulation (EC) No 1645/98 (6); whereas, however, the special quantity of 16 500 tonnes reserved for cases of extreme hardship must not be taken into account for the calculation of the reduction coefficient in question;
Whereas, on that basis, the new coefficient for 1998 should be determined; whereas, for the sake of clarity, Regulation (EC) No 2154/97 should be repealed;
Whereas the provisions of this Regulation must enter into force immediately, given the time limits laid down in Regulation (EEC) No 1442/93;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
The quantity to be allocated to each operator in category C in respect of 1998 within the tariff quota provided for in Articles 18 and 19 of Regulation (EEC) No 404/93 shall be calculated by applying to the quantity applied for by each operator in accordance with Article 4(4) of Regulation (EEC) No 1442/93, a reduction coefficient of 0,000368.
Article 2
Regulation (EC) No 2154/97 is hereby repealed.
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.
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COMMISSION REGULATION (EC) No 1582/97 of 30 July 1997 amending Regulations (EEC) No 1983/83 and No 1984/83 on the application of Article 85 (3) of the Treaty to categories of exclusive distribution agreements and exclusive purchasing agreements respectively
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 19/65/EEC of 2 March 1965 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 1 thereof,
Having published the draft of the Regulation (2),
Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas the period of validity of Commission Regulations (EEC) No 1983/83 (3) and No 1984/83 (4) on the application of Article 85 (3) of the Treaty to categories of exclusive distribution agreements and exclusive purchasing agreements respectively, as last amended by the Act of Accession of Austria, Finland and Sweden, expires on 31 December 1997;
Whereas the Commission has published a Green Paper on Vertical Restraints in EC Competition Policy in order to initiate a wide public debate on the application of Article 85 (1) and (3) of the Treaty to agreements between undertakings operating on different economic levels, including exclusive distribution agreements, exclusive purchasing agreements and franchising agreements;
Whereas it is appropriate to allow sufficient time to conclude this debate, to examine its results and to draw the conclusions for future competition policy in this field;
Whereas this work could not be completed in time for the adoption and publication of a new Regulation before 31 December 1997;
Whereas to maintain legal certainty for undertakings, it is appropriate to amend Regulations (EEC) No 1983/83 and No 1984/83 by extending their period of validity until 31 December 1999, when Commission Regulation (EEC) No 4087/88 of 30 November 1988 on the application of Article 85 (3) of the Treaty to categories of franchise agreements (5) will expire,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 10 of Regulation (EEC) No 1983/83, the date '31 December 1997` shall be replaced by that of '31 December 1999`.
Article 2
In Article 19 of Regulation (EEC) No 1984/83, the date '31 December 1997` shall be replaced by that of '31 December 1999`.
Article 3
This Regulation shall enter into force on the twentieth day following that 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 July 1997. | [
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COUNCIL DIRECTIVE 94/74/EC of 22 December 1994 amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, Directive 92/81/EEC on the harmonization of the structures of excise duties on mineral oils and Directive 92/82/EEC on the approximation of the rates of excise duties on mineral oils
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 99 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas it is necessary to exclude the customs procedure for exports from the excise-duty suspension arrangements in order to be able, under the movement arrangements applied for excise-duty purposes, to protect against the risks inherent in the movement of products from their place of dispatch to the office at the point of exit from the Community;
Whereas, when the dispatch of products subject to excise duty gives rise to a declaration placing those products under an internal transit procedure or under the TIR or ATA Convention procedure, it is necessary to establish that such declaration serves as the accompanying document for excise-duty purposes;
Whereas, when products subject to excise duty are released for consumption in a Member State and are intended to be moved to that same Member State via the territory of another Member State, it is necessary to use the simplified accompanying document as provided for in Commission Regulation (EEC) No 3649/92 (4);
Whereas, it is necessary to indicate on the accompanying document any losses occurring in the course of intra-Community movement in order to ensure that that document is correctly discharged and to specify the forms and content of such annotation;
Whereas it is necessary to provide for an optional guarantee, in place of those currently in existence, to be provided by the transporter or owner of the products in order to limit the risks inherent in intra-Community movement;
Whereas it is necessary to provide for the possible waiving of the intra-Community movement guarantee for mineral oils transported by sea or by pipeline;
Whereas it is necessary to allow a new consignee or a new place of delivery to be shown by means of an amendment to the accompanying administrative document;
Whereas it is necessary to lay down the conditions that the consignor of mineral oils must meet if he is not to complete the box relating to the consignee on the accompanying document where the latter is not known at the outset;
Whereas it is necessary to provide for the possibility of additional measures being adopted regarding spot checks in order to increase administrative cooperation between Member States;
Whereas it is necessary to permit the information shown on the copies of the accompanying document intended for the competent authorities of the Member States of departure and destination to be transmitted by computerized means;
Whereas it is necessary to provide for the return copy to be transmitted to the consignor by fax in order to ensure that the operation is duly and speedily concluded;
Whereas it is necessary, for products subject to excise duty moving regularly between tax warehouses located in two Member States, to simplify the procedure for discharging the accompanying document;
Whereas it is necessary to stipulate that the use of tax marking or national identification marks must not affect any provisions laid down by Member States to ensure that current tax legislation is implemented properly and to avoid any fraud, evasion or abuse;
Whereas it is necessary to lay down the conditions under which the armed forces and other organizations may benefit from excise-duty exemption;
Whereas it is important for the proper functioning of the internal market to define the products which come under the category of mineral oils;
Whereas it is necessary to define the products which come under the category of mineral oils and which are to be subject to the general excise control arrangements;
Whereas it is necessary to allow the refund of excise duties paid on contaminated or accidentally mixed mineral oils sent back to a tax warehouse for recycling;
Whereas it is necessary to grant compulsory exemption at Community level for mineral oils injected into blast furnaces for chemical reduction purposes in order to prevent distortions of competition arising from different taxation arrangements in Member States;
Whereas it is necessary to specify that mineral oils released for consumption in a Member State, contained in the fuel tanks of motor vehicles and intended to be used as fuel by such vehicles are exempt from excise duty in other Member States in order not to impede free movement of individuals and goods and in order to prevent double taxation;
Whereas it is necessary to update the CN codes relating to leaded and unleaded petrol in the light of the amendments made in the latest version of the Integrated Tariff of the European Communities (1);
Whereas, lastly, the amendments to the excise-duty application procedures provided for in this Directive for the purpose of ensuring the smooth functioning of the internal market cannot be made satisfactorily by the Member States individually and call, therefore, for approximation of the Member States' excise-duty legislation at Community level;
Whereas it is accordingly necessary to amend Directives 92/12/EEC (1), 92/81/EEC (2) and 92/82/EEC (3),
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 92/12/EEC is hereby amended as follows:
1. Article 5 shall be amended as follows:
(a) the first indent of paragraph 2 shall be replaced by the following:
'- are coming from, or going to, third countries or territories referred to in Article 2 (1), (2) and (3) or the Channel Islands and are placed under one of the customs suspensive procedures listed in Article 84 (1) (a) of Regulation (EEC) No 2913/92(*) or in a free zone or a free warehouse,
(*) OJ No L 302, 19. 10. 1992, p. 1.`;
(b) in paragraph 2, the second indent shall be replaced by the following:
'- are dispatched between Member States via EFTA countries or between a Member State and an EFTA country under the internal Community transit procedure or via one or more non-EFTA third countries under cover of a TIR or ATA carnet,`;
(c) in paragraph 2, the first part of the sentence of the second subparagraph shall be replaced by the following:
'In cases where the single administrative document is used:`;
(d) the following new paragraph shall be added:
'3. Any additional details that have to be shown on the transport or commercial documents serving as transit documents and the changes that have to be made to adapt the discharge procedure where goods subject to excise duty move under a simplified internal Community transit procedure shall be established according to the procedure provided for in Article 24.` 2. In Article 7, the following paragraphs shall be added:
'7. Where products subject to excise duty and already released for consumption in a Member State are to be moved to a place of destination in that Member State via the territory of another Member State, such movements shall take place under cover of the accompanying document referred to in paragraph 4 and shall use an appropriate itinerary.
8. In the cases referred to in paragraph 7:
(a) the consignor shall, before the goods are dispatched, make a declaration to the tax authorities of the place of departure responsible for carrying out excise-duty checks;
(b) the consignee shall attest to having received the goods in accordance with the rules laid down by the tax authorities of the place of destination responsible for carrying out excise-duty checks;
(c) the consignor and the consignee shall consent to any check enabling their respective tax authorities to satisfy themselves that the goods have actually been received.
9. Where products subject to excise duty are moved frequently and regularly under the conditions specified in paragraph 7, Member States may agree bilaterally to authorize a simplified procedure in derogation from paragraphs 7 and 8.` 3. In Article 13, point (a) shall be replaced by the following:
'(a) provide a guarantee, if necessary, to cover production, processing and holding and a compulsory guarantee to cover movement, subject to Article 15 (3), the conditions for which shall be set by the competent authorities of the Member State in which the tax warehouse is authorized;` 4. In Article 14, the following paragraph shall be added:
'4. The shortages referred to in paragraph 3 and losses which are not exempted under paragraph 1 shall, in all cases, be indicated by the competent authorities on the reverse of the copy of the accompanying document referred to in Article 18 (1) to be returned to the consignor.
The procedure shall be as follows:
- in the case of losses or shortages occurring during intra-Community transport of products subject to excise duty that are under duty suspension arrangements, the competent authorities of the Member State in which those losses or shortages are established shall annotate the return copy of the accompanying document accordingly,
- on the arrival of the products in the Member State of destination, the competent authorities of that Member State shall indicate whether they are granting partial exemption or no exemption in respect of the losses established.
In the cases referred to above they shall specify the basis for calculation of the excise duty to be levied in accordance with paragraph 3. The competent authorities of the Member State of destination shall send a copy of the return copy of the accompanying document to the competent authorities of the Member State in which the losses were established.` 5. Article 15 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
'1. Without prejudice to Articles 5 (2), 16, 19 (4) and 23 (1a), the movement of products subject to excise duty under suspension arrangements shall take place between tax warehouses.
The first subparagraph shall apply to the intra-Community movement of products subject to excise duty at a zero rate which have not been released for consumption.`;
(b) paragraph 3 shall be replaced by the following:
'3. The risks inherent in intra-Community movement shall be covered by the guarantee provided by the authorized warehousekeeper of dispatch, as provided for in Article 13, or, if need be, by a guarantee jointly and severally binding on both the consignor and the transporter. The competent authorities in the Member States may permit the transporter or the owner of the products to provide a guarantee in place of that provided by the authorized warehousekeeper of dispatch. If appropriate, Member States may require the consignee to provide a guarantee.
If mineral oils subject to excise duty are transported within the Community by sea or by pipeline, Member States may relieve authorized warehousekeepers of dispatch of the obligation to provide the guarantee referred to in the first subparagraph.
The detailed rules for the guarantee shall be laid down by the Member States. The guarantee shall be valid throughout the Community.`;
(c) paragraph 5 shall be replaced by the following:
'5. An authorized warehousekeeper of dispatch or his agent may amend the contents of boxes 4, 7, 7a, 13, 14 and/or 17 of the accompanying document to show a new consignee, who must be an authorized warehousekeeper or registered trader, or a new place of delivery. The competent authority of dispatch must be notified immediately and the new consignee or the new place of delivery shall immediately be indicated on the reverse of the accompanying document.`;
(d) the following paragraph shall be added:
'6. In the case of intra-Community movement of mineral oils by sea or inland waterway, the authorized warehousekeeper of dispatch need not complete boxes, 4, 7, 7a, 13 and 17 on the accompanying document if, when the products are dispatched, the consignee is not definitively known, provided that:
- the competent authorities of the Member State of departure authorize the consignor in advance not to complete these boxes,
- the same authorities are notified of the name and address of the consignee, his excise number and the country of destination as soon as they are known or at the latest when the products reach their final destination.` 6. The following Article shall be inserted:
'Article 15b 1. With regard to the spot checks provided for in Article 19 (6), the competent authorities in a Member State may request the competent authorities of another Member State for information in addition to that set out in Article 15a. The provisions governing data protection in Directive 77/799/EEC (*) shall apply to such exchanges of information.
2. Where information is exchanged pursuant to paragraph 1 and internal legislation in a Member State stipulates that the persons concerned by the exchange of information must be consulted, such legislation may continue to be applied.
3. The information necessary to carry out spot checks under paragraph 1 shall be exchanged by means of a uniform control document. The form and content of that document shall be established in accordance with the procedure laid down in Article 24.
(*) OJ No L 336, 27. 12. 1977, p. 15.` 7. The following paragraph shall be added to Article 18:
'6. This Article shall also apply to products subject excise duty moving under duty-suspension arrangements between two tax warehouses located in the same Member State via the territory of another Member State.` 8. Article 19 shall be amended as follows:
(a) in paragraph 1, the following subparagraph shall be inserted after the second subparagraph:
'The competent authorities of the Member State of dispatch and destination may stipulate that the information contained in the copies of the accompanying document intended for them is to be sent by computerized means;` (b) in paragraph 2, the following two subparagraphs shall be inserted after the first subparagraph:
'Notwithstanding the above provisions, Member States of dispatch may provide for a copy of the return copy to be sent immediately to the consignor by fax so that the guarantee may be released quickly. This shall not affect the obligation to return the original pursuant to the first sentence.
Where products subject to excise duty move frequently and regularly between two Member States under duty suspension arrangements, the competent authorities of those Member States may, by mutual agreement, authorize the procedure for discharging the accompanying document to be simplified by means of summary or automated certification.`;
(c) paragraph 4 shall be replaced by the following:
'4. Products subject to excise duty that are dispatched by an authorized warehousekeeper established in a Member State for exportation via one or more other Member States shall be permitted to move under the duty-suspension arrangements as defined in Article 4 (c). Those arrangements shall be discharged by an attestation drawn up by the customs office of departure from the Community confirming that the products have indeed left the Community. That office must send back to the consignor the certified copy of the accompanying document intended for him.` 9. In Article 21 (2) the second subparagraph shall be replaced by the following:
'Without prejudice to any provisions they may lay down in order to ensure that this Article is implemented properly and to prevent any fraud, evasion or abuse, Member States shall ensure that these marks or markings do not create obstacles to the free movement of products subject to excise duty.` 10. In Article 23 the following paragraph shall be inserted:
'1a. The armed forces and organizations referred to in paragraph 1 shall be authorized to receive products from other Member States under excise-duty suspension arrangements under cover of the accompanying document referred to in Article 18 provided that the document is accompanied by an exemption certificate. The form and content of the exemption certificate shall be determined in accordance with the procedure laid down in Article 24.` 11. Article 24 shall be amended as follows:
(a) paragraph 2 shall be replaced by the following:
'2. The measures necessary for the application of Articles 5, 7, 15b, 18, 19 and 23 shall be adopted in accordance with the procedures laid down in paragraphs 3 and 4.`;
(b) paragraph 5 shall be replaced by the following:
'5. In addition to the measures referred to in paragraph 2, the Committee shall examine the matters referred to it by its chairman, either on his own initiative or at the request of the representative of a Member State, concerning the application of Community provisions on excise duties.`
Article 2
Directive 92/81/EEC is hereby amended as follows:
1. Article 2 shall be amended as follows:
(a) Paragraph 1 shall be replaced by the following:
'1. For the purposes of this Directive, ''mineral oil" shall cover:
(a) products falling within CN code 2706;
(b) products falling within CN codes 2707 10, 2707 20, 2707 30, 2707 50, 2707 91 00, 2707 99 11 and 2707 99 19;
(c) products falling within CN code 2709;
d) products falling within CN code 2710;
(e) products falling within CN codes 2711, including chemically pure methane and propane but excluding natural gas;
(f) products falling within CN codes 2712 10, 2712 20 00, 2712 90 31, 2712 90 33, 2712 90 39 and 2712 90 90;
(g) products falling within CN code 2715;
(h) products falling within CN code 2901;
(i) products falling within CN codes 2902 11 00, 2902 19 90, 2902 20, 2902 30, 2902 41 00, 2902 42 00, 2902 43 00 and 2902 44;
(j) products falling within CN codes 3403 11 00 and 3403 19;
(k) products falling within CN code 3811;
(l) products falling within CN code 3817`;
(b) paragraph 4 shall be replaced by the following:
'4. References in this Directive to codes of the combined nomenclature shall be to those of the version of the combined nomenclature in force on 1 October 1994`.
2. The following Article shall be inserted:
'Article 2a 1. Only the following mineral oils shall be subject to the control and movement provisions of Directive 92/2/EEC:
(a) products falling within CN codes 2707 10, 2707 20, 2707 30 and 2707 50;
(b) products falling within CN codes 2710 00 11 to 2710 00 78. However, for products falling within CN codes 2710 00 21, 2710 00 25 and 2710 00 59, the control and movement provisions shall only apply to bulk commercial movements;
(c) products falling within CN codes 2711 (except 2711 11 00 and 2711 21 00);
d) products falling within CN code 2901 10;
e) products falling within CN codes 2902 20, 2902 30, 2902 41 00, 2902 42 00, 2902 43 00 and 2902 44.
2. If a Member State finds that mineral oils other than those referred to in paragraph 1 are intended for use, offered for sale or used as heating fuel or motor fuel or or are otherwise giving rise to evasion, avoidance or abuse, it shall advise the Commission forthwith. The Commission shall transmit the communication to the other Member States within one month of receipt. A decision as to whether the products in question should be made subject to the control and movement provisions of Directive 92/12/EEC shall then be taken in accordance with the procedure laid down in Article 24 of Directive 92/12/EEC.
3. Member States may, under bilateral arrangements, dispense with some or all of the control measures set out in Directive 92/12/EEC in respect of some or all of the above products, in so far as they are not covered by Article 2 of Directive 92/82/EEC. Such arrangements shall not affect Member States which are not party to them. All such bilateral arrangements shall be notified to the Commission, which shall inform the other Member States.` 3. The following Article shall be inserted:
'Article 7a Member States may refund excise duty already paid on contaminated or accidentally mixed mineral oils sent back to a tax warehouse for recycling.` 4. Article 8 shall be amended as follows:
(a) in paragraph 1, the following point shall be added:
'(d) mineral oils injected into blast furnaces for the purposes of chemical reduction as an addition to the coke used as the principal fuel.` (b) in paragraph 2, the first sentence shall be replaced by the following:
'2. Without prejudice to other Community provisions, Member States may apply total or partial exemptions or reductions in the rate of duty to mineral oils or to other products intended for the same uses which are used under fiscal control.` 5. The following Article shall be inserted:
'Article 8a 1. Mineral oils released for consumption in a Member State, contained in the standard tanks of commercial motor vehicles and intended to be used as fuel by those same vehicles as well as in special containers and intended to be used for the operation, during the course of transport, of the systems equipping those same containers shall not be subject to excise duty in any other Member State.
2. For the purposes of this Article:
''standard tanks" shall mean:
- the tanks permanently fixed by the manufacturer to all motor vehicles of the same type as the vehicle in question and whose permanent fitting enables fuel to be used directly, both for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems.
Gas tanks fitted to motor vehicles designed for the direct use of gas as a fuel and tanks fitted to the other systems with which the vehicle may be equipped shall also be considered to be standard tanks,
- tanks permanently fixed by the manufacturer to all containers of the same type as the container in question and whose permanent fitting enables fuel to be used directly for the operation, during transport, of the refrigeration systems and other systems with which special containers are equipped.
''Special container" shall mean any container fitted with specially designed apparatus for refrigeration systems, oxygenation systems, thermal insulation systems or other systems.`
Article 3
In Directive 92/82/EEC, Article 2 shall be replaced by the following:
'Article 2 1. The mineral oils covered by this Directive are:
- leaded petrol falling within CN codes 2710 00 26, 2710 00 34 and 2710 00 36;
- unleaded petrol falling within CN codes 2710 00 27, 2710 00 29 and 2710 00 32;
- gas oil falling within CN code 2710 00 69;
- heavy fuel oil falling within CN codes 2710 00 74 to 2710 00 78;
- liquid petroleum gas falling within CN codes 2711 12 11 to 2711 19 00;
- methane falling within CN code 2711 29 00;
- kerosene falling within CN code 2710 00 51 and 2710 00 55.
2. References in paragraph 1 to combined nomenclature codes shall be those of the combined nomenclature in force on 1 October 1994.`
Article 4
1. Member States shall bring into force the laws regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1995. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 22 December 1994. | [
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COUNCIL REGULATION (EEC) No 2245/92 of 27 July 1992 establishing Community statistical surveillance for certain agricultural products originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and Lebanon which are subject to reference quantities (1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113,
Having regard to the proposal from the Commission,
Whereas the Additional Protocols to the Cooperation Agreements between the European Economic Community, of the one part, and Cyprus (1), Egypt (2), Jordan (3), Israel (4), Tunisia (5), Syria (6), Malta (7), Morocco (8) and Lebanon (9), of the other, have been concluded; whereas these Protocols provide for the progressive reduction, subject to reference quantities and to a Community surveillance within a set timetable, of the customs duties applicable to certain agricultural products originating in those countries and covered by the respective Agreements;
Whereas Council Regulation (EEC) No 451/89 of 20 February 1989 concerning the procedure to be applied to certain agricultural products originating in various Mediterranean third countries (10) determined the surveillance procedure in question;
Whereas, by Council Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the import into the Community of certain agricultural products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria and Tunisia (11), the Community unilaterally increased the amount of these reference quantities in equal steps of 3 % or 5 % per year starting on 1 January 1992 and whereas for 1992 they have thus reached the levels shown in the Annex;
Whereas, in order to enable the competent departments of the Commission to establish an annual trade balance sheet for each of the products concerned and, if necessary, to put into application the arrangement provided for in Article 3 (1) of Regulation (EEC) No 451/89, these products are subject to a statistical surveillance;
Whereas imports of the products in question are charged against the reference quantities at Community level within pre-established timetables, as and when the products are entered with the customs authorities for free circulation; whereas, therefore, it is appropriate to establish, in 1992, reference quantities for the products listed in the Annex,
HAS ADOPTED THIS REGULATION:
Article 1
1. Imports into the Community in 1992 of certain products originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and Lebanon shall be subject to reference quantities within the established timetables and to a statistical surveillance.
The description of the products referred to in the first subparagraph, their serial numbers, their CN codes, Taric codes and the quantities and timetable applying to the reference quantities are given in the table in the Annex.
2. Amounts shall be charged by Member States against the reference quantities as and when products are entered with customs authorities for free circulation, accompanied by a movement certificate conforming to the rules laid down in the Protocol concerning the definition of the concept of originating products annexed to each Cooperation Agreement between the European Economic Community of the one part and the countries referred to in the first subparagraph of paragraph 1 of the other.
Where the movement certificate is produced at a later date, the amount shall be charged against the corresponding reference quantity at the date of acceptance of the declaration of release for free circulation.
The extent to which the reference quantities are used up shall be determined at Community level on the basis of the imports charged against them in the manner defined in the first subparagraph, as communicated to the Statistical Office of the European Communities pursuant to Regulations (EEC) No 2658/87 (12) and (EEC) No 1736/75 (13).
Article 2
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 3
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 be applicable from 1 January 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1992. | [
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COMMISSION DECISION of 1 August 1997 concerning certain protective measures with regard to certain fishery products originating in Malaysia (Text with EEA relevance) (97/518/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 96/43/EC (2), and in particular Article 19 thereof,
Whereas, upon importation of frozen cephalopods originating in a processing establishment in Malaysia, the presence of Salmonella paratyphi B has been detected;
Whereas the presence of Salmonella paratyphi on food is a result of bad hygienic practices before and/or after processing of food;
Whereas the presence of Salmonella paratyphi on food presents a potential risk for human health;
Whereas imports of products from the establishment concerned in Malaysia must therefore not be further allowed;
Whereas the measures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to fishery products, fresh, frozen or processed, originating in Malaysia.
Article 2
Member States shall ban the imports of fresh fishery products, in all forms, originating in the following establishment in Malaysia: Sea Master Trading - Penang code No 12.
Article 3
The Member States shall modify the measures they apply in trade in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.
Article 4
This Decision is addressed to the Member States.
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*****
COMMISSION REGULATION (EEC) No 3103/87
of 16 October 1987
opening intervention purchasing of colza, rape and sunflower seed in the Community except in Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Commision 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 1915/87 (2), and in particular Article 26 (3) thereof,
Having regard to Commission Regulation No 282/67/EEC of 11 July 1967 on detailed rules for intervention for oil seeds (3), as last amended by Regulation (EEC) No 2933/87 (4), and in particular Article 2 (2) thereof;
Whereas Article 2 of Regulation No 282/67/EEC specifies the conditions under which intervention purchasing of colza, rape und sunflower seed may be commenced; whereas paragraph 7 of that Article lays down special conditions that must apply in the case of Spain and of Portugal;
Whereas market prices recorded in the manner specified in the Community as constituted on 31 December 1985 and in Spain are below the intervention prices; whereas the required conditions are not met in Portugal; whereas under Article 2 of Regulation No 282/67/EEC intervention purchasing of oil seeds should be opened throughout the Community except in Portugal;
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
The intervention agencies of all member States except Portugal shall purchase colza, rape and sunflower seed of Community origin offered at intervention centres, the terms laid down in Regulation No 282/67/EEC applying.
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 October 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 October 1987. | [
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COMMISSION DECISION
of 13 December 1994
on German aid to the coal industry for 1994
(Only the German text is authentic)
(Text with EEA relevance)
(94/1070/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to Commission Decision No 363293/ECSC of 28 December 1993 establishing Community rules for State aid to the coal industry (1), and in particular Articles 8 and 9 thereof,
I
Whereas, by letter of 28 December 1993, Germany notified the Commission, in accordance with Article 9 (1) of Decision No 3632/93/ECSC, of the aid it intended to grant to the coal industry in 1994;
Whereas, by letter of 29 April 1994, Germany submitted to the Commission a plan for the modernization, rationalization and restructuring of the coal industry, in accordance with Article 8 of the abovementioned Decision;
Whereas, by letters of 6 September and 23 November 1994, the Member State provided additional information;
Whereas, in accordance with Decision No 363293/ECSC, the Commission gives its opinion on the compatibility of the plan for modernization, rationalization and restructuring of the coal industry with the general and specific objectives set out in the Decision and establishes the following measures for 1994:
- aid totalling DM 2 853 million for the sale of coal and coke to the Community steel industry,
- aid totalling DM 110 million for maintaining the underground labour force ('Bergmannspraemie'),
- aid totalling DM 127,8 million for compensation between coalfields and DM 57,9 million for compensation for coal with a low volatile matter content,
- aid totalling DM 5 800 million under the Third Electricity-from-Coal Law of 13 December 1974 (2) ('drittes Verstromungsgesetz') in the form of revenue from the compensation fund for 1994. This corresponds to a levy rate ('Kohlepfennig') of 8,5 %,
- the setting-up of a credit line of DM 6 000 million under Article 3 of the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply (3) ('Gesetz zur Sicherung des Einsatzes von Steinkohle in der Verstromung und zur AEnderung des Atomgesetzes und des Stromeinspeisungsgesetz') for the purpose of clearing debts from the compensation fund entered under the Third Electricity-from-Coal Law, which amounted to DM 5 350 million on 31 December 1993, and to ensure the future solvency of that fund;
Whereas the financial measures proposed by the Federal Government for the coal industry comply with the provisions of Article 1 of Decison No 3632/93/ECSC and must be approved by the Commission in accordance with Article 9; whereas the Commission takes its decision above all with regard to the general objectives and criteria defined in Article 2 and the specific criteria defined in Articles 3 and 4 of the Decision; whereas, in accordance with Article 9 (6) of the Decision, the Commission is required to check whether the measures are in conformity with the plans submitted;
II
Whereas the plan submitted by the Federal Government for the modernization, rationalization and restructuring of the coal industry has to be assessed in the light of the general objectives and criteria defined in Article 2 (1) of Decision No 3632/93/ECSC and the specific objectives and criteria defined in Articles 3 and 4 thereof;
Whereas the production targets set out in this plan are based on the guidelines for the German coal industry agreed by the mining undertakings, the Federal Government , the Federal Land Governments of North Rhine-Westphalia and the Saar and the trade union federations of the coal industry and electricity producers during the 'Kohlerunde' negotiations on 11 November 1991;
Whereas, for coal intended for use in thermal power stations, the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply lays down the amount of aid provided for under the plan for the period from 1 January 1995 to 31 December 2000; whereas no special rules have yet been laid down with regard to the volume of aid for the production of coal for the Community steel industry;
Whereas the restructuring plans of the mining undertakings Ruhrkohle AG, Saarbergwerke AG, Preussag Anthrazit GmbH, Gewerkschaft Auguste Victoria GmbH and Sophia Jacoba GmbH include measures intended to reduce the output of the German coal industry by 14 million tonnes between 1 January 1994 and 31 December 1999; whereas 64 million tonnes were produced in 1993;
Whereas in the year 2000 a maximum of 35 million tonnes of coal are to be produced for thermal power stations and a maximum of 15 million tonnes for delivery to the steel industry;
Whereas, to meet this objective, the German coal industry has adopted rationalization and restructuring measures aimed at concentrating production on those locations which offer the least unfavourable prospects in terms of production costs, that is to say, gradually to close down the production sites having the biggest deficits; whereas Sophia Jacoba GmbH is to be finally closed down in 1997;
Whereas the geological conditions of the coalfields are such that the coal has to be mined at even greater depth and the introduction of new technologies would consequently do little to produce any tangible improvement in the competitiveness of the German coal industry; whereas, compared with 1992 prices, average production costs are due to fall by only DM 26 between 1992 and 2002, from DM 286 to DM 260, despite substantial production cuts during that period; whereas a significant reduction in aid can therefore only be achieved by means of a gradual and continuous reduction in the level of activity in the undertakings concerned;
Whereas, as a result of this situation, the Federal Government has decided to impose on current costs an upper limit of DM 7 500 million for 1996 and DM 7 000 million per annum for the period from 1997 to 2000, as regards aid for coal for use in thermal power stations, regardless of the volume produced;
Whereas the Federal Government is expected to decide in the next few months to reduce future aid for the supply of coal to the steel industry; whereas the Commission must express its opinion on that decision;
Whereas, by placing a ceiling on aid based on current costs, to be further reduced at a future date in parallel with the gradual reduction of production capacities, Germany is starting a course of action which is compatible with the first and second indents of Article 2 (1) of Decision No 3632/93/ECSC, namely action which will help, in the light of coal prices on international markets, to make further progress towards economic viability with the aim of achieving degression of aids and solving the social and regional problems created by total or partial reductions in the activity of production units;
Whereas, in view of the limited ability of undertakings to improve their economic viability due to current prices on international markets, the Commission, in making its assessment, has also taken account of the urgent need to minimize the social and regional impact of restructuring and to give mining undertakings medium-term prospects to enable successful structural changes to be made;
Whereas, in the light of the above, the plan submitted by Germany is compatible with the objectives and criteria defined in Articles 2, 3 and 4 of the Decision, provided that it complies with all of the conditions set out therein, in particular as far as non-discrimination between coal producers and between coal buyers and users in the Community is concerned;
III
Whereas the aid of DM 2 853 million which Germany wishes to grant to the coal industry under the rules on coking coal is intended to cover the difference between production costs and the selling price freely agreed for coal of the same quality in the light of the conditions prevailing on the world market; whereas this aid is covered by agreements between undertakings eligible for operating aid under Article 3 of the Decision and the Community steel industry;
Whereas it is intended to guarantee that the coal undertakings concerned shall supply their 1994 production, which is limited to 18 million tonnes, to the steel industry; whereas failure to grant the aid would in the short term lead to the closure of all the production units concerned, thereby further exacerbating the social and regional problems created by the reductions in coalmining;
Whereas, since 1 January 1992, the German Government has been granting aid for the supply of coal and coke to the steel industry according to a system aimed at increasing the pressure on production costs over a three-year period from 1 January 1992 to 31 December 1994; whereas, continuing the policy it followed from 1989 to 1991, the Government also reduced the ceiling on aid for the period from 1992 to 1994 and in addition introduced a financial contribution of DM 16 per tonne payable by the coal undertakings (cost sharing);
Whereas aid totalling DM 9 106 million is planned for this period, based on a total sales volume of 57,2 million tonnes; whereas the aid earmarked for this period is equivalent to only 83 % of the aid granted under the old rules during the previous three-year period; whereas the sales volumes subsidized are equivalent to 81 % of the volumes subsidized between 1989 and 1991;
Whereas the aid planned by Germany for 1994 is 12 % less than in 1993;
Whereas any plan for a subsequent change to the amount approved under this Decision must be notified in accordance with the second indent of Article 3 (1) of Decision No 3632/93/ECSC to enable the Commission to express an opinion on it in accordance with Article 9 of that Decision;
Whereas the inclusion of this measure in the modernization, restructuring and rationalization plan submitted by the Federal Government, the reduction in volumes and the imposition of a ceiling on aid for the period from 1992 to 1994 are in keeping with the objective set out in the first indent of Article 2 (1) of the Decision to make, in the light of coal prices on international markets, further progress towards economic viability with the aim of achieving degression of aids;
Whereas, in assessing the aid, the Commission has also taken account, in accordance with the secound indent of Article 2 (1), of the urgent need to ease the social and regional impact of restructuring;
Whereas the stabilization of costs planned for 1994 must, in keeping with the plan notified by Germany, generate a trend towards a reduction in production costs at 1992 prices within the meaning of the second subparagraph of Article 3 (2);
Whereas the arrangements for granting the aid will, in accordance with the provisions of Article 3 of the Decision, help to improve the economic viability of the undertakings concerned by reducing production costs;
Whereas Germany must take care to ensure that this aid does not produce any discrimination between producers, between purchasers or between consumers as referred to in point (b) of Article 4 of the ECSC Treaty;
Whereas, in the light of the above and on the basis of the information provided by Germany, the aid planned for 1994 is compatible with the objectives of Decision No 3632/93/ECSC and with the smooth functioning of the common market;
IV
Whereas aid totalling DM 110 million is planned to enable mining undertakings to maintain their underground labour force in deep mines ('Bergmannspraemie'); whereas this aid corresponds to DM 10 per underground shift; whereas it therefore indirectly covers part of the difference between production costs and the foreseeable sales proceeds; whereas, according to the German notification, this aid is an extra payment to miners and thus also reduces production costs; whereas it is therefore aid which has to be assessed by reference to Article 3 of the Decision;
Whereas the aid contributes to the maximization of productivity and therefore helps in the restructuring and rationalization of the coal industry; whereas it therefore also helps to achieve the objectives referred to in the first indent of Article 2 (1), namely to make, in the light of coal prices on international markets, further progress towards economic viability with the aim of achieving the degression of aids;
Whereas, in assessing the aid, the Commission has taken account, in accordance with the second indent of Article 2 (1), of the urgent need to minimize the social and regional impact of restructuring;
Whereas the stabilization of costs planned for 1994 must, in keeping with the plan notified by Germany, generate a trend towards a reduction in production costs at 1992 prices within the meaning of the second paragraph of Article 3 (2);
Whereas this aid will improve the economic viability of the undertakings concerned in accordance with the provisions of Article 3 of the Decision by increasing productivity and thereby reducing production costs;
Whereas, in the light of the above and on the basis of the information provided by the Federal Government, the aid planned for 1994 is compatible with the objectives of Decision No 3632/93/ECSC and with the smooth functioning of the common market;
V
Whereas the aid of DM 127,8 million for compensation between coalfields and the aid of DM 57,9 million for compensation for coal with a low volatile matter content are intended to provide partial compensation for the fact that some coal producers receive revenue which is lower than production costs because of sales to electricity producers under contracts for the purchase of German coal concluded by electricity generators ('Jahrhundertvertrag'); whereas, according to the information provided by Germany, the compensation between coalfields covers 7,5 million tonnes and the compensation for coal with a low volatile matter content 2,3 million tonnes; whereas this aid, which was provided for until 31 December 1989 under the Third Electricity-from-Coal Law, has been entered in the German national budget since 1 January 1990; whereas Germany has taken this opportunity to introduce the principle of reducing those amounts by 10 % per annum; whereas they therefore indirectly cover part of the difference between production costs and foreseeable sales proceeds;
Whereas the inclusion of this aid in the modernization, restructuring and rationalization plan and its gradual reduction will contribute to greater financial discipline in the undertakings concerned; whereas this aid therefore achieves the objectives set out in the first indent of Article 2 (1) of the Decision;
Whereas, in assessing this aid, the Commission has, in accordance with the second indent of Article 2 (1), also taken account of the urgent need to ease the social and regional impact of restructuring; whereas it has also taken account of the increased transparency of the aid following its inclusion in the national budget as from 1 January 1990;
Whereas the stabilization of costs planned for 1994 must, in keeping with the plan notified by Germany, generate a trend towards a reduction in production costs at 1992 prices within the meaning of the second indent of Article 3 (2);
Whereas the aid helps to improve the economic viability of the undertakings concerned by reducing production costs;
Whereas, in the light of the above and on the basis of the information provided by Germany, the aid planned for 1994 is compatible with the objectives of Decision No 3632/93/ECSC and with the smooth functioning of the common market;
VI
Whereas the aid of DM 5 800 million to the coal industry planned by the Federal Government is covered by the Third Electricity-from-Coal Law for quantities of coal agreed between coal and electricity producers under schemes linked to the 'Jahrhundertvertrag', whereas this Law provides for the creation of a compensation fund financed from a levy, the 'Kohlepfennig'; whereas the purpose of this fund is to provide partial compensation for price differences between Community coal and imported coal in respect of 11,5 million tonnes coal equivalent (tce) and between Community coal and fuel oil in respect of 23 million tce; whereas the compensation fund therefore covers 34,5 million tce per annum and benefits electricity producers who purchase German coal at a price which more or less reflects production costs;
Whereas this measure constitutes aid within the meaning of Article 1 (3) of Decision No 3632/93/ECSC, according to which the term 'aid' also covers the allocation, for the direct or indirect benefit of the coal industry, of the charges rendered compulsory as a result of State intervention, without any distinction being drawn between aid granted by the State and aid granted by public or private bodies appointed by the State to administer such aid; whereas the Commission must therefore take a decision on this measure in accordance with Article 9 of the Decision;
Whereas a decision has been taken each year pursuant to Commission Decision No 2064/86/ECSC on aid granted in accordance with the Third Electricity-from-Coal Law (1); whereas, in accordance with Article 9 (7) of Decision No 3632/93/ECSC, the existing rules must be brought into line with the provisions of that Decision no later than 31 December 1996; whereas, if this has not yet been done, an assessment must be made as to whether the aid achieves the objectives set out in Article 2 (1) of the Decision;
Whereas the slight increase of 1,7 % in the aid in 1994 compared with 1993 is due to the downward trend in energy prices expressed in DM on the international market despite the stabilization of production costs; whereas Germany has therefore decided to place an upper limit at current prices on this aid on 1 January 1996 and gradually to reduce it further as from 1 January 1997;
Whereas, in view of the proposed increase in the aid for 1994 of 1,7 % compared with 1993, the Commission takes the view that Germany's decision to introduce a ceiling in 1996 and thereafter to reduce the levels of aid is a welcome development in the context of the objectives set out in the first indent of Article 2 (1);
Whereas, in assessing the aid, the Commission has taken account, in accordance with the second indent of Article 2 (1), of the urgent need to minimize the social and regional impact of restructuring;
Whereas, in view of the above and on the basis of the information provided by Germany, the aid proposed for 1994 is compatible with the objectives set out in Article 2 (1) of Decision No 3632/93/ECSC;
VII
Whereas the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply amends the Third Electricity-from-Coal Law of 19 April 1990; whereas the solvency of the compensation fund is currently guaranteed as it has been possible to open a credit line of DM 6 000 million;
Whereas this credit line is intended to provide compensation for the fund's deficit, which amounted to DM 5 350 million on 31 December 1993; whereas this deficit is due to the fact that, in several coal production years, the fund's revenue - for example, revenue from the 'Kohlepfennig' - has not been sufficient to cover the financial obligations to electricity producers who purchase Community coal under the Third Electricity-from-Coal Law; whereas these obligations have been higher than expected because energy prices on the international market in DM have fallen; whereas the balance of DM 650 millions is intended to guarantee the solvency of the fund, if necessary, in the coal production years 1994 and 1995;
Whereas this measure must be regarded as an indirect measure within the meaning of Article 1 (2) which is linked to marketing and gives coal undertakings an economic advantage by reducing the costs which they would normally have to bear;
Whereas the Commission notes that that part of the credit line which is intended to compensate for the fund's deficit on 31 December 1993 supplements the aid granted in accordance with Decision No 2064/86/ECSC; whereas, in accordance with the measures which have to be applied pursuant to Article 9 (7) of the Decision, it is a positive development to bring the rules into line with Decision No 3632/93/ECSC; whereas the Commission notes that this measure is part of a system which specifically provides for the gradual reduction of aid in accordance with the first indent of Article 2 (1);
Whereas, in view of the above and on the basis of the information provided by Germany, the aid proposed for 1994 is compatible with the objectives set out in Article 2 (1) of Decision No 3632/93/ECSC;
Whereas the Commission notes that the balance of DM 650 million is to be used, if necessary, to provide compensation for deficits during the coal production years 1994 and 1995 but cannot give an opinion on any payments until a detailed explanatory statement has been submitted;
VIII
Whereas this Decision does not prejudge the question of whether the new German system of aid which must be introduced for coal for sale to the steel industry is compatible with the Treaties and with Decision No 3632/93/ECSC; whereas this also applies to the changes which have to be made, in accordance with Article 9 (7), to the rules on aid which are linked to agreements between coal and electricity producers;
Whereas Germany will ensure that the aid granted under this Decision does not exceed, for any undertaking or production unit, the difference between production costs and foreseeable revenue;
Whereas the Commission is required, in accordance with the second indent of Article 3 (1) and Article 9 (2) and (3) of Decision No 3632/93/ECSC, to verify whether the aid granted for current production achieves the objectives set out in Articles 3 and 4 of the Decision; whereas it must therefore be informed as to the level of payments and their allocation,
HAS ADOPTED THIS DECISION:
Article 1
Germany is hereby authorized to take the following measures in 1994 to support the coal industry:
- aid totalling DM 2 853 million for the supply of coal and coke to the Community steel industry,
- aid totalling DM 110 million to maintain underground mine workers ('Bergmannspraemie'),
- aid totalling DM 127,8 million for compensation between coalfields and DM 57,9 million for compensation for coal with a low volatile matter content,
- aid totalling DM 5 800 million in connection with the Third Electricity-from-Coal Law as revenue from the compensation fund ('Ausgleichsfonds') for 1994, corresponding to a levy rate ('Kohlepfennig') of 8,5 %,
- activation of DM 5 350 million, out of a credit line totalling DM 6 000 million, in the context of Article 3 of the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and Law on Electricity Supply for the purpose of clearing debts as at 31 December 1993 from the compensation fund entered under the Third Electricity-from-Coal Law.
Article 2
Germany shall provide information no later than 30 September 1995 about the amounts actually paid during the 1994 production year.
Article 3
Germany shall provide information no later than 30 September 1995 about changes occurring during 1994 in the sale of coal and coke to the steel industry, in the target price and in all data relevant to production costs.
Article 4
In accordance with Decision No 3632/93/ECSC, the Federal Government shall give notification, where appropriate, of any plan to disburse, in full or in part, the balance of DM 650 million from the credit line in the context of the Law of 19 July 1994 guaranteeing Coal Supplies for Power Stations and amending the Law on Nuclear Energy and the Law on Electricity Supply.
Article 5
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 13 December 1994. | [
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*****
COMMISSION REGULATION (EEC) No 2274/88
of 25 July 1988
re-establishing the levying of customs duties on cysteine, cystine and their derivatives falling within CN code 2930 90 10 originating in China to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3635/87 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3635/87 of 17 November 1987 applying generalized tariff preferences for 1988 in respect of certain industrial products originating in developing countries (1), and in particular Article 16 thereof,
Whereas, pursuant to Article 1 of Regulation (EEC) No 3635/87, duties on certain products, originating in each of the countries or territories listed in Annex III shall be totally suspended and the products as such shall, as a general rule, be subject to statistical suveillance every three months on the reference base referred to in Article 15;
Whereas, as provided for in Article 15 of that Regulation where the increase of preferential imports of these products, originating in one or more beneficiary countries, causes, or threatens to cause, economic difficulties in the Community or in a region of the Community, the levying of customs duties may be reintroduced, once the Commission has had an appropriate exchange of information with the Member States; whereas for this purpose the reference base to be considered shall be, as a general rule, equal to 5 % of the total importations into the Community, originating from third countries in 1986;
Whereas, in the case of cysteine, cystine and their derivatives falling within CN code 2930 90 10 originating in China the individual ceiling was fixed at 943 000 ECU; whereas, on 1 July 1988, imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; whereas the exchange of information organized by the Commission has demonstrated that continuance of the preference threatens to cause economic difficulties in a region of the Community; whereas it is appropriate to re-establish the levying of customs duties in respect of the products in question against China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 29 July 1988, the leying of customs duties, suspended pursuant to Regulation (EEC) No 3635/87 shall be re-established on imports into the Community of the following products originating in China:
1.2 // // // CN code // Description // // // 2930 90 10 // cysteine, cystine and their derivatives // //
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 1066/2003
of 20 June 2003
opening a standing invitation to tender for the export of sorghum held by the French intervention agency
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 5 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2131/93(3), as last amended by Regulation (EC) No 1630/2000(4), lays down the procedure and conditions for the disposal of cereals held by intervention agencies.
(2) Commission Regulation (EEC) No 3002/92(5), as last amended by Regulation (EC) No 770/96(6), 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 6575 tonnes of sorghum held by the French intervention agency.
(4) Special rules must be laid down to ensure that the operations are properly carried out and monitored. To that end, securities should be lodged to ensure that the goals of the operation 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) Where removal of the sorghum is delayed by more than five days or the release of one of the securities required is delayed for reasons imputable to the intervention agency, the Member State concerned should pay compensation.
(6) 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 French intervention agency shall issue a standing invitation to tender for the export of sorghum held by it in accordance with Regulation (EEC) No 2131/93, save as otherwise provided in this Regulation.
Article 2
1. The invitation to tender shall cover a maximum of 6575 tonnes of sorghum for export to third countries.
2. The quantity of sorghum referred to in paragraph 1 shall be stored in the regions listed in Annex I.
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 the invitation to tender opened by this Regulation may not be accompanied by export licence applications submitted under Article 49 of Commission Regulation (EC) No 1291/2000(7).
Article 5
1. Notwithstanding Article 7(1) of Regulation (EEC) No 2131/93, the time limit for submission of tenders under the first partial invitation to tender shall be 9.00 (Brussels time) on 3 July 2003.
2. The time limit for submission of tenders under subsequent partial invitations to tender shall be 9.00 (Brussels time) each Thursday thereafter.
3. The last partial invitation to tender shall expire at 9.00 (Brussels time) on 27 May 2004.
4. Tenders shall be lodged with the French intervention agency.
Article 6
1. The intervention agency, the storer and a 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 to the Commission.
2. The successful tenderer must accept the lot as established where the final result of 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 do not exceed the following limits:
- a quarter of a percentage point as regards maximum tannin content,
- one percentage point as regards moisture content,
- half a percentage point as regards the impurities specified in points B.2 and B.4 of the Annex to Commission Regulation (EC) No 824/2000(8), and
- half a percentage point as regards the impurities specified in point B.5 of the Annex to Regulation (EC) No 824/2000, the percentages admissible for noxious grains and ergot, however, remaining unchanged.
Where the final result of sample analyses 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 a difference exceeding the limits set out in point (b), the successful tenderer may:
- accept the lot as established, or
- refuse to take over the lot concerned.
In the case provided for in the second indent of the second subparagraph, 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 set out in Annex II.
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 set out in Annex II.
3. In the cases provided for in the second indent of the second subparagraph of paragraph 2 and in the third subparagraph thereof, the successful tenderer may request the intervention agency to supply another lot of intervention sorghum of the quality laid down at no additional charge. 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 set out in Annex II.
If, as a result of successive replacements, the successful tenderer has not received a replacement lot of the quality laid down within one month of the date of the first 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 set out in Annex II.
4. If the sorghum is removed from storage before the results of the analyses 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 against the storer.
5. Except where the final results of analyses indicate a quality below the minimum characteristics laid down for intervention, as referred to in the third subparagraph of paragraph 2, the costs of taking the samples and conducting the analyses provided for in paragraph 1 but not of inter-bin transfers shall be borne by the European Agricultural Guidance and Guarantee Fund (EAGGF) in respect of up to one analysis per 500 tonnes. The costs of inter-bin transfers and any additional analyses requested by the successful tenderer shall be borne by that tenderer.
Article 7
Notwithstanding Article 12 of Regulation (EEC) No 3002/92, the documents relating to the sale of sorghum 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 the following entry:
- Sorgo de intervención sin aplicación de restitución ni gravamen, Reglamento (CE) n° 1066/2003
- Sorghum fra intervention uden restitutionsydelse eller -afgift, forordning (EF) nr. 1066/2003
- Interventionssorghum ohne Anwendung von Ausfuhrerstattungen oder Ausfuhrabgaben, Verordnung (EG) Nr. 1066/2003
- Σόργος παρέμβασης χωρίς εφαρμογή επιστροφής ή φόρου, κανονισμός (ΕΚ) αριθ. 1066/2003
- Intervention sorghum without application of refund or tax, Regulation (EC) No 1066/2003
- Sorgho d'intervention ne donnant pas lieu à restitution ni taxe, règlement (CE) n° 1066/2003
- Sorgo d'intervento senza applicazione di restituzione né di tassa, regolamento (CE) n. 1066/2003
- Sorghum uit interventie, zonder toepassing van restitutie of belasting, Verordening (EG) nr. 1066/2003
- Sorgo de intervenção sem aplicação de uma restituição ou imposição, Regulamento (CE) n.o 1066/2003
- Interventiodurraa, johon ei sovelleta vientitukea eikä vientimaksua, asetus (EY) N:o 1066/2003
- Interventionssorghum, utan tillämpning av bidrag eller avgift, förordning (EG) nr 1066/2003.
Article 8
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 10 per tonne. Half of this security shall be lodged when the licence is issued and the remaining half shall be lodged before the cereals are removed.
3. Notwithstanding Article 15(2) of Regulation (EEC) No 3002/92, the part of the security lodged when the licence is issued shall be released within 20 working days of the date on which the successful tenderer provides proof that the cereals removed have left the customs territory of the Community.
4. Notwithstanding the second indent of Article 17(3) of Regulation (EEC) No 2131/93, the remainder of the security shall be released within 15 working days of the date on which the successful tenderer provides the proof referred to in Article 16 of Commission Regulation (EC) No 800/1999(9).
5. Except in duly substantiated exceptional cases, in particular the opening of an administrative enquiry, where the securities provided for in paragraphs 1, 3 and 4 are released after the time limits specified in those paragraphs, the Member State shall be required to pay compensation amounting to EUR 0,015 per 10 tonnes for each day's delay.
This compensation shall not be charged to the EAGGF.
Article 9
Within two hours of the expiry of the time limit for the submission of tenders, the French intervention agency shall notify the Commission of tenders received. Such notification shall be made using the form set out in Annex III.
Article 10
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, 20 June 2003. | [
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COMMISSION REGULATION (EC) No 1297/98 of 23 June 1998 fixing the weighting coefficients to be used in calculating the Community market price for pig carcases and repealing Regulation (EC) No 1205/97
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 Regulation (EC) No 3290/94 (2), and in particular Article 4(6) thereof,
Whereas the Community market price for pig carcases, as referred to in Article 4(2) of Regulation (EEC) No 2759/75, must be established by weighting the prices recorded in each Member State by coefficients expressing the relative size of the pig population of each Member State; whereas these coefficients should be determined on the basis of the number of pigs counted at the beginning of December each year in accordance with Council Directive 93/23/EEC of 1 June 1993 concerning surveys of pig production to be made by the Member States (3);
Whereas, in view of the results of the census of December 1997 the weighting coefficients fixed by Commission Regulation (EC) No 1205/97 (4) should be adjusted;
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
The weighting coefficients referred to in Article 4(2) of Regulation (EEC) No 2759/75 shall be as specified in the Annex hereto.
Article 2
Regulation (EC) No 1205/97 is hereby repealed.
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 from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 1998. | [
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*****
COUNCIL REGULATION (EEC) No 3461/87
of 17 November 1987
amending Regulation (EEC) No 3089/78 laying down general rules in respect of aid for the consumption of olive oil, and providing for certain exceptional measures
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 1915/87 (2), and in particular Articles 11 (7) thereof,
Having regard to the proposal from the Commission,
Whereas Article 11 of Regulation No 136/66/EEC instituted consumption aid for olive oil produced and marketed in the Community;
Whereas Article 35 of the said Regulation stipulates that, from 1 November 1987, only oil as referred to in point 1 (a) and (b) and points 3 and 6 of the Annex to the said Regulation may be marketed at the retail stage; whereas Regulation (EEC) No 3089/78 (3), as last amended by Regulation (EEC) No 3788/85 (4), should therefore be amended so that provision be no longer made for consumption aid for ordinary virgin olive oil;
Whereas, pursuant to Article 35 (3) of Regulation No 136/66/EEC Member States may, until 31 December 1989, derogate from the provisions of that Article as regards the marketing of olive oil and olive-pomace oil within their territory; whereas this Regulation must not affect that right; whereas it is therefore advisable to provide for exceptional measures for a limited period,
HAS ADOPTED THIS REGULATION:
Article 1
Point (a) in Article 4 (1) of Regulation (EEC) No 3089/78 is hereby replaced by the following:
'(a) complies with one of the definitions given in point 1 (a) and (b) and points 3 and 6 of the Annex to Regulation No 136/66/EEC.'
Article 2
In those Member States which apply the derogation provided for in the first indent of Article 35 (3) of Regulation No 136/66/EEC, ordinary virgin olive oil, as referred to in 1 (c) of the Annex to the said Regulation, which is packed and placed on the market in accordance with the provisions of Commission Regulation (EEC) No 2677/85 (5) and with national provisions before 1 April 1989, may qualify for consumption aid by way of derogation from Article 4 (1) of Regulation (EEC) No 3089/78.
Article 3
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 November 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 1987. | [
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COMMISSION REGULATION (EC) No 1955/2006
of 21 December 2006
fixing production refunds on cereals
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 8(2) thereof,
Whereas:
(1)
Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (2) lays down the conditions for granting production refunds. The basis for calculating the refund is laid down in Article 3 of that Regulation. The refund thus calculated, differentiated where necessary for potato starch, must be fixed once a month and may be amended if the price of maize and/or wheat changes significantly.
(2)
The production refunds fixed in this Regulation should be adjusted by the coefficients listed in the Annex II to Regulation (EEC) No 1722/93 to establish the exact amount to be paid.
(3)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The refund per tonne of starch referred to in Article 3(2) of Regulation (EEC) No 1722/93, is hereby fixed at:
(a)
EUR/tonne 0,00 for starch from maize, wheat, barley and oats;
(b)
EUR/tonne 0,00 for potato starch.
Article 2
This Regulation shall enter into force on 22 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2006. | [
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COUNCIL REGULATION (EEC) No 392/86 of 17 February 1986 on the application of EEC-Switzerland Joint Committee Decision No 2/85 supplementing Annexes II and III to Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation by the addition of alternative percentage rules for the products of Chapters 84 to 92 of the Customs Cooperation Council Nomenclature
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 Swiss Confederation (1) was signed on 22 July 1972 and entered into force on 1 January 1973; 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 above Agreement, the Joint Committee has, because of the interdependence of the industrial sectors of the European Economic Community and Switzerland, and the reciprocal nature and mutual importance of the preferential trade concerned, adopted Decision No 2/85 supplementing Annexes II and III to that Protocol by the addition of alternative percentage rules for the products of Chapters 84 to 92 of the Customs Cooperation Council Nomenclature; Whereas it is necessary to apply this Decision in the Community, HAS ADOPTED THIS REGULATION:
Article 1
For the application of the Agreement between the European Economic Community and the Swiss Confederation, EEC-Switzerland Joint Committee Decision No 2/85 shall be applied 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 that 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 Luxembourg, 17 February 1986. | [
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Commission Regulation (EC) No 2106/2002
of 28 November 2002
fixing the export refunds on white sugar and raw sugar exported in its unaltered state
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), amended by Commission Regulation (EC) No 680/2002(2), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1) Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.
(3) The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of Regulation (EC) No 1260/2001. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector(3). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.
(4) The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for sugar according to destination.
(5) In special cases, the amount of the refund may be fixed by other legal instruments.
(6) The refund must be fixed every two weeks. It may be altered in the intervening period.
(7) It follows from applying the rules set out above to the present situation on the market in sugar and in particular to quotations or prices for sugar within the Community and on the world market that the refund should be as set out in the Annex hereto.
(8) Regulation (EC) No 1260/2001 does not make provision to continue the compensation system for storage costs from 1 July 2001. This should accordingly be taken into account when fixing the refunds granted when the export occurs after 30 September 2001.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2002. | [
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COMMISSION REGULATION (EC) No 1519/2005
of 19 September 2005
opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2006 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 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 30 thereof,
Whereas:
(1)
Article 20 of Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products (2), provides that export licences for cheese exported to the United States of America as part of the quotas under the agreements concluded during multilateral trade negotiations, may be allocated in accordance with a special procedure provided for therein.
(2)
That procedure should be opened for exports during 2006 and the additional rules relating to it should be determined.
(3)
In administering imports the competent authorities in the USA make a distinction between the additional quota granted to the European Community under the Uruguay Round and the quotas resulting from the Tokyo Round. Export licences should be allocated taking into account the eligibility of those products for the USA quota in question as described in the Harmonized Tariff Schedule of the United States of America.
(4)
With a view to exporting the maximum quantity under the quotas for which there is moderate interest, applications covering the whole quota quantity should be allowed.
(5)
In order to provide stability and security for operators lodging applications under this special regime, it is appropriate to fix the day on which applications are deemed to have been lodged for the purposes of Article 1(1) of Regulation (EC) No 174/1999.
(6)
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
Export licences for products falling within CN code 0406 and listed in Annex I to this Regulation to be exported to the United States of America in 2006 under the quotas referred to in Article 20(1) of Regulation (EC) No 174/1999 shall be issued in accordance with Article 20 of Regulation (EC) No 174/1999 and this Regulation.
Article 2
1. Applications for provisional licences referred to in Article 20(2) of Regulation (EC) No 174/1999 (hereinafter applications) shall be lodged with the competent authorities from 26 to 30 September 2005 at the latest.
2. Applications shall be admissible only if they contain all the information referred to in Article 20(2) of Regulation (EC) No 174/1999 and if they are accompanied by the documents referred to therein.
Where, for the same group of products referred to in column 2 of Annex I to this Regulation the available quantity is divided between the Uruguay Round quota and the Tokyo Round quota, licence applications may cover only one of those quotas and shall indicate the quota concerned, specifying the identification of the group and of the quota indicated in column 3 of Annex I.
Information referred to in Article 20(2) of Regulation (EC) No 174/1999 shall be presented in accordance with the model set out in Annex II to this Regulation.
3. As regards the quotas identified by 22-Tokyo and 22-Uruguay in column 3 of Annex I, applications shall cover at least 10 tonnes and shall not exceed the quantity available under the quota concerned as set out in column 4 of that Annex.
As regards the other quotas indicated in column 3 of Annex I, applications shall cover at least 10 tonnes and no more than 40 % of the quantity available under the quota concerned as set out in column 4 of that Annex.
4. Applications shall be admissible only if applicants declare in writing that they have not lodged other applications for the same group of products and the same quota and undertake not to do so.
If an applicant lodges several applications for the same group of products and the same quota in one or more Member States, all his applications shall be deemed inadmissible.
5. For the purposes of Article 1(1) of Regulation (EC) No 174/1999, all applications lodged within the time limit referred to in paragraph 1 of this Article shall be deemed to have been lodged on 26 September 2005.
Article 3
1. Member States shall notify the Commission, within five working days after the end of the period for lodging applications, of the applications lodged for each of the groups of products and, where applicable, the quotas indicated in Annex I.
All notifications, including ‘nil’ notifications, shall be made by fax on the model form set out in Annex III.
2. Notification shall comprise for each group and, where applicable, for each quota:
(a)
a list of applicants;
(b)
the quantities applied for by each applicant broken down by the product code of the Combined Nomenclature and by their code in accordance with the Harmonized Tariff Schedule of the United States of America (2005);
(c)
indication whether applicant exported the products concerned during the previous three years;
(d)
the name and address of the importer designated by the applicant and the indication whether the importer is a subsidiary of the applicant.
Article 4
The Commission shall, pursuant to Article 20(3), (4) and (5) of Regulation (EC) No 174/1999, determine the allocation of licences without delay and shall notify the Member States thereof by 31 October 2005 at the latest.
Member States shall notify the Commission, within five working days after publication of the allocation coefficients of provisional licences, for each group and, where applicable, for each quota, the quantities by applicant, for which provisional licences have been allocated in accordance to Article 20(4) of Regulation (EC) No 174/1999.
The notification shall be made by fax on the model form set out in Annex IV to this Regulation.
Article 5
The information notified under Article 3 of this Regulation and under Article 20(2) of Regulation (EC) No 174/1999 shall be verified by the Member States before the full licences are issued and by 31 December 2005 at the latest.
Where it is found that incorrect information has been supplied by an operator to whom a provisional licence has been issued, the licence shall be cancelled and the security forfeited. The Member States shall communicate it to the Commission without any delay.
Article 6
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, 19 September 2005. | [
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COMMISSION REGULATION (EC) No 220/94 of 1 February 1994 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of boneless beef held by certain intervention agencies and intended for export to certain destinations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in the beef and veal sector (1), as last amended by Regulation (EC) No 3611/93 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (3), as last amended by Regulation (EEC) No 1759/93 (4), has provided for the possibility of applying a two-stage procedure when selling beef from intervention stocks; whereas Commission Regulation (EEC) No 2824/85 of 9 October 1985 laying down detailed rules for the sale of frozen boned beef from intervention stocks for export either in the same state or after cutting and/or repacking (5), as amended by Regulation (EEC) No 251/93 (6) provided for repackaging under certain conditions;
Whereas certain intervention agencies hold large stocks of intervention meat; whereas an extension of the period of storage for the meat bought in should be avoided on account of the ensuing high costs; whereas part of that meat should be put up for sale in accordance with Regulations (EEC) No 2539/84 and (EEC) No 2824/85;
Whereas, in view of the urgency and the specific nature of the operation and of the need for controls, special detailed rules must be laid down in particular as regards the minimum quantity which may be purchased during the operation;
Whereas it is necessary to lay down a time limit for the export of the said meat; whereas this time limit should be fixed by taking into account Article 5 (b) of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (7), as last amended by Regulation (EEC) No 2867/93 (8);
Whereas in order to ensure that beef sold is exported, the lodging of a security, as specified in Article 5 (2) (a) of Regulation (EEC) No 2539/84, should be required;
Whereas, in order to ensure a smoother functioning of the export operations, provision should be made for derogations from certain provisions relating to the release of the security;
Whereas it is appropriate to specify that, in view of the prices which have been fixed in the context of this sale, exports should not be eligible for the refunds periodically fixed in the beef and veal sector;
Whereas products held by intervention agencies and intended for export are subject to the provision of Commission Regulation (EEC) No 3002/92 (9), as last amended by Regulation (EEC) No 1938/93 (10);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. A sale shall be organized of approximately:
- 6 000 tonnes of boneless beef held by the Irish intervention agency,
- 6 000 tonnes of boneless beef held by the intervention agency of the United Kingdom.
2. This meat must be for export to the destinations indicated at 02 and 03 in footnote 7 of the Annex to Commission Regulation (EC) No 3261/93 (11).
3. Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulations (EEC) No 2539/84 and (EEC) No 2824/85.
4. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
5. An offer or purchase application shall be valid only if it relates to:
- a total minimum quantity of 2 000 tonnes expressed in product weight,
- a lot comprising all the cuts referred to in Annex II in the percentages stated therein and shall contain a single price per tonne expressed in ecus of the lot made up in this fashion.
6. Only those tenders shall be taken into consideration which reach the intervention agencies concerned not later than 12 noon on 9 February 1994.
7. Particulars of the quantities and the places where the products are stored shall be available to interested parties at the addresses given in Annex III.
Article 2
The products referred to in Article 1 must be exported within five months from the date of conclusion of the contract of sale with the intervention agency.
Article 3
1. The security provided for in Article 5 (1) of Regulation (EEC) No 2539/84 shall be ECU 30 per 100 kilograms.
2. The security provided for in Article 5 (2) (a) of Regulation (EEC) No 2539/84 shall be ECU 275 per 100 kilograms of boneless beef.
Article 4
1. No export refund shall be granted on meat sold under this Regulation.
Removal orders as referred to in Article 3 (1) (b) of Regulation (EEC) No 3002/92, export declarations and, where appropriate, T 5 control copies shall bear the following:
Productos de intervención sin restitución [Reglamento (CE) no 220/94];
Interventionsvarer uden restitution [Forordning (EF) nr. 220/94];
Interventionserzeugnis ohne Erstattung [Verordnung (EG) Nr. 220/94];
Proionta paremvaseos choris epistrofi [Kanonismos (EK) arith. 220/94];
Intervention products without refund [Regulation (EC) No 220/94];
Produits d'intervention sans restitution [Règlement (CE) no 220/94];
Prodotti d'intervento senza restituzione - [Regolamento (CE) n. 220/94];
Produkten uit interventievoorraden zonder restitutie - [Verordening (EG) nr. 220/94];
Produtos de intervençao sem restituiçao [Regulamento (CE) nº 220/94].
2. With regard to the security provided for in Article 3 (2) compliance with paragraph 1 shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (12).
However, by derogation from Article 15 of Regulation (EEC) No 3002/92 part of the security shall be released when it is established that the products have reached one of the destinations referred to in Article 11 (1) (a), (b) or (c) of that Regulation. That part shall be equivalent to the amount of the security initially lodged less ECU 165 per 100 kg product weight.
Article 5
This Regulation shall enter into force on 9 February 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 February 1994. | [
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*****
COMMISSION REGULATION (EEC) No 2196/86
of 11 July 1986
re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol 1 thereto,
Having regard to Article 1 of Council Regulation (EEC) No 3138/85 of 22 October 1985 establishing ceilings and Community supervision for imports of certain goods originating in Yugoslavia (1986) (2);
Whereas Article 1 of the abovementioned Protocol provides that the products listed below, imported under reduced duty rates according to Article 15 of the Cooperation Agreement are subject to the annual ceiling indicated below, above which the customs duties applicable to third countries may be re-established:
(tonnes)
1.2.3 // // // // CCT heading No // Description // Ceiling // // // // 70.05 // Unworked drawn or blown glass (including flashed glass), in rectangles // 5 109 // // //
Whereas imports into the Community of those products, originating in Yugoslavia, have reached that ceiling; whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be re-established,
HAS ADOPTED THIS REGULATION:
Article 1
From 15 July to 31 December 1986, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the following products:
1.2.3 // // // // CCT heading No // Description // Origin // // // // 70.05 // Unworked drawn or blown glass (including flashed glass), in rectangles // Yugoslavia // // //
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, 11 July 1986. | [
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COMMISSION DIRECTIVE 2007/57/EC
of 17 September 2007
amending certain Annexes to Council Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for dithiocarbamates
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), and in particular Article 5 thereof,
Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (2), and in particular Article 10 thereof,
Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (3), and in particular Article 10 thereof,
Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (4), and in particular Article 7 thereof,
Whereas:
(1)
Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.
(2)
MRLs for pesticides are kept under review and changed to take account of new information, including new or changed uses. Information about new or changed uses has been communicated to the Commission, which should lead to changes in the residue levels of maneb, mancozeb, metiram, propineb and thiram.
(3)
The active substance ziram has been included in Annex I to Council Directive 91/414/EEC (5) by Commission Directive 2003/81/EC (6). The inclusion in Annex I to Directive 91/414/EEC was based on the assessment of the information submitted concerning the proposed use. The information available has been reviewed and is sufficient to allow certain MRLs to be fixed.
(4)
There are already Community MRLs in Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC for maneb, mancozeb, metiram, propineb and thiram. Those levels have been taken into consideration when adapting the MRLs concerned by this Directive. In particular, as in routine monitoring the residues of maneb, mancozeb, metiram, propineb, thiram and ziram cannot be individually identified, MRLs are set for the whole group of those pesticides which are also known as dithiocarbamates. However, for propineb, thiram and ziram single methods exist, although not on a routine basis. Those methods should be used on a case-by-case basis, when the specific quantification of propineb, ziram and/or thiram is required.
(5)
The Commission review reports which were prepared for the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, fix the Acceptable Daily Intake (ADI) and, if necessary, the Acute Reference Dose (ARfD) for those substances. The exposure of consumers of food products treated with the active substance concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation (7) and the opinion of the Scientific Committee for Plants (8) on the methodology employed. It has been concluded that the MRLs proposed will not lead to those ADI or ARfD being exceeded.
(6)
Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.
(7)
It is therefore necessary to modify the MRLs set out in the Annexes to Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC to allow proper surveillance and control of the prohibition of their uses and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not already been defined, it is appropriate to set them for the first time.
(8)
Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.
(9)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In Annex II to Directive 76/895/EEC the entry relating to thiram is deleted.
Article 2
Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
Article 3
Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
Article 4
Directive 90/642/EEC is amended in accordance with Annex III to this Directive.
Article 5
Member States shall adopt and publish, by 18 March 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 19 March 2008.
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.
Article 6
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 17 September 2007. | [
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COUNCIL REGULATION (EC) No 1531/95 of 29 June 1995 fixing the intervention price for paddy rice for the 1995/96 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the markets and prices policy continues to be the main instrument of the incomes policy in the rice sector;
Whereas the intervention price for paddy rice must be fixed at a rate which takes account, on the one hand, of the policy in respect of rice production with a view to the uses to which it is put and, on the other, of the budgetary and market constraints;
Whereas, for the product referred to in this Regulation, the application of the abovementioned criteria entails fixing this price at the level indicated below,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1995/96 marketing year the intervention price for paddy rice shall be ECU 373,84 per tonne.
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 from 1 September 1995.
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 (EEC) No 1153/86
of 18 April 1986
continuing the measures on the improvement of the quality of milk within the Community referred to in Regulation (EEC) No 1271/78
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products (1), as last amended by Regulation (EEC) No 1302/85 (2), and in particular Article 4 thereof,
Whereas the measures first carried out pursuant to Commission Regulation (EEC) No 1271/78 (3), as last amended by Regulation (EEC) No 2341/78 (4), and most recently continued in accordance with Regulation (EEC) No 615/85 (5) have proved an effective means of improving the quality of milk in the Community;
Whereas, since major difficulties exist with regard to the quality of raw milk in Ireland, Italy and Greece compared with the other Member States, the measures presently being executed in those countries should be reinforced;
Whereas the organizations, institutions, undertakings and producer groups possessing the necessary qualifications and experience should therefore be invited again to propose detailed programmes which these organizations would themselves carry out;
Whereas the organizations, institutions, undertakings and producer groups who will be responsible for the measures must satisfy certain requirements; whereas the activities of such operators mut not be liable to clash with the aim pursued in promoting the disposal of milk products for direct consumtion; whereas it is therefore essential that operators whose activities also cover the production, distribution or sales promotion of products which imitate milk and milk products should be barred from the implementation of the measures;
Whereas, as regards the other arrangements, the main provisions of earlier Regulations, as amended in the light of relevant experience, may be repeated;
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
1. Under the conditions laid down in this Regulation, measures shall be taken in Ireland, Italy and Greece to encourage:
(a) bacteriological analysis of raw milk;
(b) testing in relation to health aspects of raw milk;
(c) testing of milking machines;
(d) counselling of individual milk producers, directed in particular towards the obtaining of milk (cowshed hygiene, milking, animal health) and its treatment (cooling);
(e) counselling on the collection (jointly operated equipment, collection points) and transport of raw milk (specifications, equipment and operation of milk tankers);
(f) setting up of milk collection centres, if necessary with refrigeration facilities.
In properly justified exceptional cases, aids may also be granted to single farms;
(g) in certain properly justified cases, equipment for the transport of samples;
(h) training qualified personnel for quality control and milk collection.
2. The measures referred to in paragraph 1 shall be eligible only if they are begun after 1 April 1986; they shall be completed within two years of the signature of the contract referred to in Article 5 (3) and in any case before 1 October 1988. In exceptional cases, however, a longer period may be agreed in accordance with Article 5 (2) to ensure maximum effectiveness of the measures concerned.
3. The time limit fixed by paragraph 2 shall not prevent subsequent agreement to an extension of that limit where the party to a contract, before the fixed expiry date, makes the appropriate application to the competent authority and proves that due to exceptional circumstances beyond his control, he is unable to meet the deadline originally stipulated.
Article 2
1. Measures as referred to in Article 1 (1) shall be proposed and carried out by institutions, organizations, undertakings or producer groups which:
(a) have the necessary qualifications and experience;
(b) give guarantees that they are capable of ensuring the satisfactory completion of the work.
Proposals by individual firms will be considered only where they are particularly justified and where they would not prejudice the operations of regional organizations specializing in the field.
Proposals put forward by institutions, organizations, undertakings or producer groups whose activities are exclusively or in part concerned with the production distribution or sales promotion of products which imitate milk and milk products shall not be considered.
2. The Community contribution shall be limited to 90 % of expenditure incurred for the measures concerned. At most 40 % of the Community contribution can be used for measures under point (f) of Article 1 (1) and at most 10 % for those under point (h) of Article 1 (1).
3. In the case of the measures referred to in Article 1 (1) (a), (b) and (g), account shall be taken for purposes of Community contribution only of the first fitting-out of laboratories with:
- equipment (which may include incubators) for examining the bacteriological content of milk, including any combined data-processing equipment, but excluding software;
- equipment for detecting antibiotics, inhibitory substances and impurities in raw milk, including any combined data-processing equipment, but excluding software;
- equipment for detecting mastitis in raw milk.
In certain properly justified cases:
- equipment for taking samples, transporting, sorting, preserving and preparing the samples.
The first fitting-out of already existing laboratories with improved, more economic, equipment shall be regarded as a measure referred to in Article 1 (1) (a), (b) and (g).
Such equipment shall be financed only where its technical capacity will be effectively utilized.
4. When a proposal is submitted by an organization buying milk or by an organization representing such enterprises, the Community contribution shall be subject to an undertaking on the part of the applicant to introduce, in his area of operation, a system whereby payment for milk is varied according to its bacteriological quality within the period fixed in the contract for the completion of the approved measures.
In other cases, the applicant must undertake to promote in his area of operation before 1 April 1987 a system whereby payment for milk is varied according to its bacteriological quality or, if such a system already exists, to continue this system.
5. The financing of general expenses incurred for the measures referred to in Article 1 (1) shall be limited to 2 % of the total approved cost.
Article 3
1. Those concerned are hereby invited to submit, before 1 June 1986, to the competent authority appointed by the Member States referred to in Article 1 (1) hereinafter called 'the competent authority', complete detailed proposals concerning the measures referred to in Article 1 (1).
Where this date is not complied with, the proposal shall be considered null and void.
2. Further details for submission of proposals shall be as set out in the notices from the competent authorities published in Official Journal of the European Communities No C 35 of 11 February 1982, page 8.
Article 4
1. Complete proposals shall include:
(a) the name and address of the applicant;
(b) all details concerning the measures proposed, including the time required for completion, the expected results and details of any third parties to be involved;
(c) the total cost of these measures, net of tax, expressed in the currency of the Member State on whose territory the applicant is established, giving an itemized breakdown of this amount and setting out the source of finance;
(d) the desired form of payment of the Community contribution (Article 7 (1) (a) or (b));
(e) the most recent report available on the applicant's activities, unless this is already in the possession of the competent authority.
2. Proposals shall be valid only where:
(a) they are submitted by an applicant fulfilling the conditions laid down in Article 2 (1);
(b) they are accompanied by an undertaking that the applicant will comply with the provisions of this Regulation, and in particular with the obligations under Article 2 (5). Article 5
1. Before 1 July 1986 the competent authorities shall:
(a) examine all proposals submitted and any supporting documents to check that they are in the correct form and contain the information required. They shall ensure that the proposals comply with the provisions of Article 4 and shall ask applicants for further details if necessary;
(b) compile a list of all the proposals received and send it to the Commission together with copies of each proposal and a reasoned opinion indicating whether or not the proposal conforms with this Regulation.
2. After consulting the relevant interest groups in the milk industry, and following examination of the proposals by the Management Committee for Milk and Milk Products in accordance with Article 31 of Council Regulation (EEC) No 804/68 (1), the Commission shall establish before 1 August 1986 a list of the proposals selected for financing.
3. The competent authorities shall conclude contracts with those parties whose proposals have been selected before 1 October 1986 in at least two copies and signed by the interested party and the competent authority. The competent authorities shall for this purpose use standard form contracts to be provided by the Commission.
4. The competent authority shall inform each applicant as soon as possible of the decision taken in respect of its proposal.
Article 6
1. The contract referred to in Article 5 (3) shall:
(a) include the details referred to in Article 4 (1) or make reference to them; and
(b) supplement these details, where necessary, by additional conditions resulting from the application of Article 5 (1).
2. The competent authority shall send a copy of the contract to the Commission without delay.
3. The competent authority shall ensure compliance with the agreed conditions in particular by means of on-the-spot checks.
Article 7
1. The competent authority shall pay to the party in question, in accordance with the choice indicated in the latter's proposal, either:
(a) within six weeks of the date of signature of the contract, a single payment on account amounting to 60 % of the agreed Community contribution; or
(b) at four-monthly intervals, four equal instalments each amounting to 20 % of the agreed Community contribution, the first such instalment being paid within six weeks of the date of signature of the contract.
However, while a contract is being performed, the competent authority may:
- defer payment of an instalment either wholly or in part where it finds, in particular during the checks referred to in Article 6 (3), irregularities in carrying out the measures concerned or a substantial interval between the due date for payment of the instalment and the date when the party concerned will actually incur the forecast expenditure;
- in exceptional cases, advance payment of an instalment either wholly or in part if the party concerned submits a reasoned request and shows that he must incur a substantial part of the expenditure significantly earlier than the date laid down for payment of the Community contribution towards the said expenditure.
2. The payment of each instalment shall be conditional upon the lodging with the competent authority of a security equal to the amount of the instalment, plus 10 %.
3. The release of securities and payment of the balance by the competent authority shall be subject to:
(a) confirmation by the competent authority that the party concerned has fulfilled his obligations as laid down in the contract;
(b) transmission to the competent authority of the report referred to in Article 8 (1) and verification of the details contained in this report by the competent authority.
However, on reasoned request by the party concerned, the balance can be paid after the measure has been completed, and after submission of the report referred to in Article 8, and on condition that securities equal to the total amount of the Community contribution plus 10 % have been lodged;
(c) the competent authority finding that the party concerned, or any third party named in the contract, has spent his own contribution for the purposes laid down.
4. In so far as the conditions set out in paragraph 3 are not fulfilled, the securities shall be forfeit. In this event, the amount in question shall be deducted from the expenditure of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund, and more particularly from that arising out of the measures referred to in Article 4 of Regulation (EEC) No 1079/77.
Article 8
1. Each party responsible for one of the measures referred to in Article 1 (1) shall submit to the competent authority, within four months of the final date fixed in the contract for completion of the measures, a detailed report on the utilization of the Community funds allocated and on the results of the measures in question.
2. On performance of each contract, the competent authority shall send to the Commission a statement to this effect and a copy of the final report.
Article 9
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, 18 April 1986. | [
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*****
COMMISSION DECISION
of 12 June 1987
on improving the efficiency of agricultural structures in Italy (Abruzzi) pursuant to Council Regulation (EEC) No 797/85
(Only the Italian text is authentic)
(87/332/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), and in particular Article 25 (3) thereof,
Whereas, pursuant to Article 24 (4) of Regulation (EEC) No 797/85, the Italian Government has forwarded Abruzzi Regional Law No 37 of 31 July 1986 laying down rules for the application of Regulation (EEC) No 797/85;
Whereas, under Article 25 (3) of Regulation (EEC) No 797/85, the Commission has to decide whether the conditions for a financial contribution from the Community are satisfied in the light of the compatibility of the stated provisions with the abovementioned Regulation, and bearing in mind the objectives of the latter and the need to ensure that the various measures are properly related;
Whereas under the third subparagraph of Article 2 of the abovementioned Law, and under Circular No 18 922 of 27 October 1986, the regional aids for investments, and in particular those provided for by Regional Laws No 31 of 3 June 1982 and No 25 of 11 April 1985, are subject to the limitations and restrictions provided for in Article 8 (2), (3) and (4) of Regulation (EEC) No 797/85;
Whereas the aids provided for in Article 4 of Regulation (EEC) No 797/85 are reserved for farmers practising farming as their main occupation in compliance with Article 2 (5) of that Regulation; whereas Article 4 of the abovementioned Law must consequently be applied so that in each case the region actually carries out a check to see whether that condition is satisfied;
Whereas the Community financial contribution to the specific aids for young farmers provided for in Article 9 of the Law must be limited to only those cases complying with the criteria laid down in Article 7 (1) of Regulation (EEC) No 797/85; whereas only aid granted to young farmers with the vocational training provided for in the third subparagraph of Article 12 of Law No 153 of 9 May 1975, or who have followed the training course provided for in the third indent of the first subparagraph of Article 21 (1) of Regulation (EEC) No 797/85, may consequently be reimbursed pursuant to Article 7 of that Regulation;
Whereas only the taking over of the legal and financial responsibility or co-responsibility for the management of the holding may be considered as first installation within the meaning of Article 7 and whereas only cases complying with such criteria may be considered eligible;
Whereas this Decision does not relate to the authorization provided for in Article 6 (5) of Regulation (EEC) No 797/85 as regards agricultural cooperatives and whereas the amount of investments provided for in Article 7 of the Regional Law may consequently not exceed 360 000 ECU until such time as a decision is taken under Article 6 of that Regulation;
Whereas, subject to the above remarks, the provisions laid down in Abruzzi Regional Law No 37 of 31 July 1986 satisfy the conditions and objectives of Regulation (EEC) No 797/85 in so far as they relate to measures governed by that Regulation;
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
Abruzzi Regional Law No 37 of 31 July 1986 laying down rules for the application of Regulation (EEC) No 797/85 satisfies the conditions governing a Community financial contribution to the common measure provided for in Article 1 of that Regulation, subject to the following conditions:
(a) pursuant to Article 2 of the Law, the Region shall ensure that aids to investments are granted only to farmers practising farming as their main occupation within the meaning of Article 2 (5) of Regulation (EEC) No 797/85;
(b) the amount of investments provided for in Article 7 that may be carried out by cooperatives shall be limited to 360 000 ECU until such time as the Commission decides otherwise pursuant to Article 6 (5) of Regulation (EEC) No 797/85;
(c) the EAGGF contribution to the aids provided for in Article 9 of the Law in favour of young farmers shall be limited to the aids granted to young farmers
- who have the vocational training provided for in the third subparagraph of Article 12 of Law No 153 of 9 May 1975, or who have followed a training course as laid down in the third indent of the first subparagraph of Article 21 (1) of Regulation (EEC) No 797/85,
- who take over for the first time the legal and financial responsibility or co-responsibility for the management of the holding.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 12 June 1987. | [
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COMMISSION REGULATION (EC) No 1610/95 of 3 July 1995 fixing, for the 1995/96 marketing year, the flat-rate amount provided for under the system of minimum stocks in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European 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 (EC) No 1101/95 (2), and in particular Article 12 (3) thereof,
Having regard to Council Regulation (EEC) No 1789/81 of 30 June 1981 laying down general rules concerning the system of minimum stocks in the sugar sector (3),
Whereas Articles 3 (b) and 6 (a) of Regulation (EEC) No 1789/81 provide for the reimbursement of the pecuniary advantage included in the intervention price on account of the costs involved in maintaining the minimum stock;
Whereas, in order to determine that pecuniary advantage, Commission Regulation (EEC) No 189/77 of 28 January 1977 laying down detailed rules for the application of the system of minimum stocks in the sugar sector (4), as amended by Regulation (EEC) No 1920/81 (5), provides for a flat-rate amount to be fixed for each marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1995/96 marketing year, the flat-rate amount referred to in Article 6 of Regulation (EEC) No 189/77 shall be ECU 0,193 per 100 kilograms of sugar expressed as white sugar.
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 from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1995. | [
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*****
COMMISSION REGULATION ( EEC ) NO 3494/88
OF 9 NOVEMBER 1988
AMENDING REGULATIONS ( EEC ) NO 3154/85 LAYING DOWN DETAILED RULES FOR THE ADMINISTRATIVE APPLICATION OF MONETARY COMPENSATORY AMOUNTS, ( EEC ) NO 548/86 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF ACCESSION COMPENSATORY AMOUNTS AND ( EEC ) NO 3665/87 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 THE ACT OF ACCESSION OF SPAIN AND PORTUGAL,
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 12 THEREOF,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 467/86 OF 25 FEBRUARY 1986 LAYING DOWN GENERAL RULES FOR THE SYSTEM OF ACCESSION COMPENSATORY AMOUNTS FOR CEREALS ( 3 ), AND IN PARTICULAR ARTICLE 8 THEREOF, AND TO THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS LAYING DOWN GENERAL RULES APPLYING TO THE ACCESSION COMPENSATORY AMOUNTS FOR AGRICULTURAL PRODUCTS,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2221/88 ( 5 ), AND IN PARTICULAR ARTICLE 16 ( 6 ) THEREOF, AND TO THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS,
WHEREAS MONETARY COMPENSATORY AMOUNTS, ACCESSION COMPENSATORY AMOUNTS AND EXPORT REFUNDS MAY NOT BE GRANTED ON PRODUCTS WHICH ARE NOT OF SOUND AND FAIR MERCHANTABLE QUALITY OR WHICH, BECAUSE OF THEIR CHARACTERISTICS AND CONDITION, CANNOT BE USED FOR FOOD PURPOSES;
WHEREAS COUNCIL REGULATION ( EURATOM ) NO 3954/87 OF 22 DECEMBER 1987 LAYING DOWN MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION OF FOODSTUFFS AND OF FEEDINGSTUFFS FOLLOWING A NUCLEAR ACCIDENT OR ANY OTHER CASE OF RADIOLOGICAL EMERGENCY ( 6 ) SPECIFIES THE PROCEDURE TO BE FOLLOWED IN A RADIOLOGICAL EMERGENCY FOR DETERMINING MAXIMUM PERMITTED LEVELS OF RADIOACTIVE CONTAMINATION IN FOODSTUFFS AND FEEDINGSTUFFS ABOVE WHICH THEY CANNOT BE MARKETED; WHEREAS, CONSEQUENTLY, THE BENEFITS OF COMMUNITY LEGISLATION CANNOT BE GRANTED WHERE SUCH PRODUCTS ARE CONCERNED;
WHEREAS ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 1707/86 OF 30 MAY 1986 ON THE CONDITIONS GOVERNING IMPORTS OF AGRICULTURAL PRODUCTS ORIGINATING IN THIRD COUNTRIES FOLLOWING THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION ( 7 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 624/87 ( 8 ), SETS MAXIMUM PERMITTED LEVELS OF RADIOACTIVITY; WHEREAS, FOLLOWING THE EXPIRY OF REGULATION ( EEC ) NO 1707/86, IT WAS REPLACED BY COUNCIL REGULATION ( EEC ) NO 3955/87 ( 9 ), ARTICLE 3 OF WHICH IMPOSES THE SAME MAXIMUM LEVELS; WHEREAS AGRICULTURAL PRODUCTS SHOWING LEVELS HIGHER THAN THESE MAXIMA CANNOT BE CONSIDERED OF SOUND AND FAIR MERCHANTABLE QUALITY;
WHEREAS IT WAS FOUND FOLLOWING THE ABOVEMENTIONED ACCIDENT THAT SOME OF THE COMMUNITY'S AGRICULTURAL PRODUCTION WAS CONTAMINATED WITH VARYING LEVELS OF RADIOACTIVITY; WHEREAS IT SHOULD BE STIPULATED THAT MONETARY COMPENSATORY AMOUNTS, ACCESSION COMPENSATORY AMOUNTS AND EXPORT REFUNDS MAY NOT BE GRANTED ON AGRICULTURAL PRODUCTS SHOWING LEVELS OF RADIOACTIVITY IN EXCESS OF THE MAXIMA INDICATED IN ARTICLE 3 OF REGULATION ( EEC ) NO 3955/87, IRRESPECTIVE OF THE ORIGIN OF THE PRODUCT;
WHEREAS COMMISSION REGULATIONS ( EEC ) NO 3154/85 ( 10 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 361/88 ( 11 ), ( EEC ) NO 548/86 ( 12 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2082/87 ( 13 ), AND ( EEC ) NO 3665/87 ( 14 ) SHOULD THEREFORE BE AMENDED;
WHEREAS THE DEGREE OF RADIOACTIVE CONTAMINATION OF FOODSTUFFS FOLLOWING A RADIOLOGICAL EMERGENCY SITUATION VARIES WITH THE CHARACTERISTICS OF THE ACCIDENT AND THE TYPE OF PRODUCTS; WHEREAS THE DECISION AS TO THE NEED TO CARRY OUT MONITORING AND ON THE CONTROLS THEMSELVES MUST ACCORDINGLY BE ADAPTED TO EACH SITUATION AND MUST TAKE ACCOUNT, FOR EXAMPLE, OF THE CHARACTERISTICS OF THE REGIONS, THE PRODUCTS AND THE RADIONUCLIDES CONCERNED;
WHEREAS THE MANAGEMENT COMMITTEES CONCERNED HAVE NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY THEIR CHAIRMEN,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE FOLLOWING PARAGRAPH IS HEREBY ADDED TO ARTICLE 3 OF REGULATION ( EEC ) NO 3154/85 :
"NO COMPENSATORY AMOUNT SHALL BE GRANTED IF THE PRODUCTS DISPLAY RADIOACTIVITY IN EXCESS OF THE MAXIMUM LEVELS PERMITTED UNDER COMMUNITY REGULATIONS . THE LEVELS APPLICABLE TO PRODUCTS OF COMMUNITY ORIGIN CONTAMINATED AS A RESULT OF THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION SHALL, IRRESPECTIVE OF THEIR ORIGINS, BE THOSE FIXED IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 3955/87 (*). THE LEVEL OF RADIOACTIVE CONTAMINATION OF THE PRODUCT SHALL BE MONITORED IF THE SITUATION SO REQUIRES AND DURING THE PERIOD NECESSARY ONLY . WHERE NECESSARY, THE DURATION AND SCOPE OF THE CONTROLS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75, OR, AS THE CASE MAY BE, IN THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS .
(*) OJ NO L 371, 30 . 12 . 1987, P . 14 .'
ARTICLE 2
THE FOLLOWING SUBPARAGRAPH IS HEREBY ADDED TO ARTICLE 5 ( 3 ) OF REGULATION ( EEC ) NO 548/86 :
"NO ACCESSION COMPENSATORY AMOUNT SHALL BE GRANTED IF THE PRODUCTS DISPLAY RADIOACTIVITY IN EXCESS OF THE MAXIMUM LEVELS PERMITTED UNDER COMMUNITY REGULATIONS . THE LEVELS APPLICABLE TO PRODUCTS OF COMMUNITY ORIGIN CONTAMINATED AS A RESULT OF THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION SHALL, IRRESPECTIVE OF THEIR ORIGINS, BE THOSE FIXED IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 3955/87 (*). THE LEVEL OF RADIOACTIVE CONTAMINATION OF THE PRODUCT SHALL BE MONITORED IF THE SITUATION SO REQUIRES AND DURING THE PERIOD NECESSARY ONLY . WHERE NECESSARY, THE DURATION AND SCOPE OF THE CONTROLS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75, OR, AS THE CASE MAY BE, IN THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS .
(*) OJ NO L 371, 30 . 12 . 1987, P . 14 .'
ARTICLE 3
THE FOLLOWING PARAGRAPH IS HEREBY ADDED TO ARTICLE 13 OF REGULATION ( EEC ) NO 3665/87 :
"NO REFUNDS SHALL BE GRANTED IF THE PRODUCTS DISPLAY RADIOACTIVITY IN EXCESS OF THE MAXIMUM LEVELS PERMITTED UNDER COMMUNITY REGULATIONS . THE LEVELS APPLICABLE TO PRODUCTS OF COMMUNITY ORIGIN CONTAMINATED AS A RESULT OF THE ACCIDENT AT THE CHERNOBYL NUCLEAR POWER-STATION SHALL, IRRESPECTIVE OF THEIR ORIGINS, BE THOSE FIXED IN ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 3955/87 (*). THE LEVEL OF RADIOACTIVE CONTAMINATION OF THE PRODUCT SHALL BE MONITORED IF THE SITUATION SO REQUIRES AND DURING THE PERIOD NECESSARY ONLY . WHERE NECESSARY, THE DURATION AND SCOPE OF THE CONTROLS SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 26 OF REGULATION ( EEC ) NO 2727/75, OR, AS THE CASE MAY BE, IN THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN AGRICULTURAL PRODUCTS .
(*) OJ NO L 371, 30 . 12 . 1987, P . 14 .'
ARTICLE 4
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, 9 NOVEMBER 1988 . | [
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COUNCIL REGULATION (EEC) No 1107/88 of 25 April 1988 amending Regulation (EEC) No 1785/81 on the common organization of the markets in the sugar sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from 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, according to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (3) as last amended by Regulation (EEC) No 3992/87 (4), certain sugars containing added substances other than colouring and flavoured agants must be treated as raw sugars; whereas, because of their very nature, sugars containing those added substances should not be treated differently from flavoured or coloured sugars; whereas moreover to avoid customs difficulties when such products are traded and to ensure better administration of the customs nomenclature, sugars containing the added substances in question should, for these purposes, be treated as flavoured or coloured sugars;
Whereas the processing of sugar cane in Spain is, in volume terms, a marginal industry which, before that State's accession to the Community, survived thanks to related activities dependent on the State-trading arrangements for importing molasses and distillates used in the manufacture of rum; whereas those related activities had to cease because of accession; whereas, until crops to replace sugar cane can be grown in the areas where it is currently produced, certain adjustments should be provided for; whereas the quantities of sugar involved are not very large and, since they are marketed very swiftly, tend not to remain in storage; whereas the compensation system for storage costs should, accordingly, be applied progressively to this sugar from the 1988/89 marketing year until the end of the period covered by the system for the alignment of sugar prices which is provided for in the Treaty of the Accession of Spain to the Community;
Whereas the growing of sugar beet and the sugar beet processing industry are of great social and economic importance to the autonomous region of the Azores; whereas the intervention price for white sugar for Portugal applies to both mainland Portugal and the autonomous region of the Azores; whereas, however, this price, which is determined according to rules during the accession negotiations, was initially calculated with reference to the average of the ex-factory prices for mainland refineries and to the derived intervention price for white sugar in the United Kingdom, on which price it must be aligned at the end of a transitional period of seven years following accession; whereas the intervention price for white sugar in Portugal was thus determined; whereas the intervention price for white sugar in Portugal was thus determined on the basis of the refining costs of efficient undertakings refining large volumes of raw sugar, costs which are not comparable with those of a small undertaking producing relatively minor quantities of beet sugar; whereas, moreover, the basic price for sugar beet in the Azores is higher than that for the United Kingdom, because of the beet's low technical yield and the production problems arising from excessive fragmentation of the production plots and insufficient mechanization; whereas, accordingly, there are grounds for providing for Community measures to enable the sugar beet processing industry in the Azores to make adjustments over a certain period, until the expiry of the price-alignment system provided for in the Treaty of Accession to the Community; whereas the most suitable step would be to grant, as an intervention measure during that period, Community aid in respect of the difference between the derived intervention price for white sugar for the United Kingdom and the intervention price for white sugar for Portugal, so as to give economic support to the Portuguese processing industry as the latter price moves in stages towards the derived intervention price for the United Kingdom and is aligned on that price at the end of that period;
Whereas the common organization of the markets in the sugar sector has, since the 1981/82 marketing year, been based on the principle that producers should be financially liable for all the losses resulting from the disposal of the Community's surplus production in relation to internal consumption under a system of price and marketing guaranteeds differentiated according to the production quotas allocated to each undertaking; whereas it was decided to apply that principle and that system for a further five marketing years from 1986/87 to 1990/91 in order to curb production in the Community, where there is considerable technical production capacity while the world market for sugar is characterized by constant overproduction in relation to comsumption and hence by ever-increasing surplus stocks and low prices; whereas, however, the basic A and B quantities and the A and B quotas for undertakings producing sugar and isoglucose were fixed only for the first two marketing years 1986/87 and 1987/88 in view in particular of the instability of world market prices for sugar and the cyclical nature of the trend in question;
Whereas Article 23 (3) of Regulation (EEC) No 1785/81 provides that the Council must, before 1 January 1988 in respect of the marketing years 1988/89, 1989/90 and 1990/91, determine in particular the basic production quantities for A and B sugar and isoglucose and the allocation of the resulting costs for producers in the context of the quota arrangements laid down until the 1990/91 marketing year;
Whereas, on the one hand, in the light of the medium-term outlook for the world sugar market, it is equally unlikely that the downward trend will be reserved, with prices making a significant and lasting recovery, and that the present decline will worsen; whereas it will, on the other hand, be difficult to adjust unilaterally the price and marketing guarantees given to the Community producers until an international agreement on sugar is reached which contains clauses binding on all the signatory countries; whereas, moreover, there is a risk that, in the present situation, any reduction in the guarantees covering this sector might result in some of the beet-growing areas covered by the quotas being given over to other types of farming financed only partly, if at all, by the producers themselves; whereas it is desirable that the present basic quantities of sugar and isoglucose should therefore be kept at the same level during the remaining three marketing years from 1988/89, 1989/90 and 1990/91 and the self-financing arrangements for the sector should be reinforced so as to ensure that all future losses resulting from the disposal of the Community's surplus production are covered, in respect of each marketing year, by the producers' financial contributions;
Whereas the producers' contributions take the form of a basic production levy which is charged on all production of A and B sugar but which is limited to 2 % of the intervention price for white sugar and a B levy which is charged on the production of B sugar but which is subject to a limit of 36,5 % of that price; whereas isoglucose producers under some conditions pay a proportion of those contributions; whereas because of the limits referred to above, the objective of making sugar production self-financing cannot, under the abovementioned circumstances be achieved in respect of each marketing year; whereas an additional levy should therefore be charged for that purpose;
Whereas, in particular in the interests of equal treatment, the additional levy should be calculated for each undertaking on the basis of its share in the revenue generated by the production levies which it has paid in respect of the marketing year in question; whereas, therefore, a coefficient should be determined for the Community as a whole which represents, in respect of that marketing year, the ratio between the total loss recorded and the total revenue generated by the production levies in question; whereas conditions should also be laid down under which beet and sugar cane sellers are to contribute to eliminating the uncovered part of the loss for the marketing year concerned;
Whereas the Treaty of Accession of Spain and Portugal specifically fixed for mainland Portugal quantities of basic A and B sugar which were incorporated into market organization Regulation (EEC) No 1785/81; whereas those quantities represent a total of 60 000 tonnes of white sugar; whereas the second subparagraph of Article 24 (1) of that Regulation provides that, with regard to Portugal, that country must allocate, for its mainland region and within the limit of those basic quantities, an A quota and a B quota to each undertaking situated in that region which is likely to start up sugar production;
Whereas sugar production quotas are allocated to each undertaking on the basis of objective production during a particular reference period; whereas, however, with regard to mainland Portugal where no sugar beet was grown at the time of accession, the Treaty of Accession allowed for the possibility of allocating quotas to an undertaking without reference to production figures, on condition that the undertaking was in a position to start production immediately, i.e. that it had the necessary technical capacity;
Whereas mainland Portugal has recently commenced production of sugar beet and should, according to plan, increase production, by means of an experimental phase during the 1987/88 marketing year, to reach 54 000 tonnes (7 000 tonnes sugar) in 1988/89 and 135 000 tonnes (equivalent to 17 000 tonnes sugar) in 1990/91, which is the last marketing year covered by the present quota system; whereas, however, the sugar-producing undertaking situated in that region does not yet have the technical facilities needed to start production; whereas, to allow more sugar beet to be grown, provision should be made for transitional measures under which quotas could be allocated to that undertaking; whereas accordingly, sugar obtained from beet harvested in Portugal and produced by a sugar-producing undertaking to which quotas have been allocated but which is situated in another Member State should, from 1987/88 until 1990/91, a period generally considered as sufficient for installing the technical production facilities needed for a sugar factory, be considered as having been produced by the undertaking situated in mainland Portugal which owns the processed beet,
HAS ADOPTED THIS REGULATION:
Article 1 Regulation (EEC) No 1785/81 is hereby amended as follows:
1. Article 1 (2) (a) and (b) is replaced by the following:
´(a) "white sugars'' means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method;
(b) ''raw sugars'' means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method;' 2. The following second and third subparagraphs are added to Article 8 (1):
´However, as regards sugar obtained from cane harvested in Spain and marketed in that Member State during the marketing years 1988/89 to 1991/92, the compensation system provided for in the first subparagraph shall apply under the condition laid down in the third subparagraph and shall apply in its entirety to such sugar with effect from the 1992/93 marketing year.
The amount of the storage levy and of the flat-rate reimbursement fixed for each of the marketing years in question shall be applied at the following rates:
(a) 0 % for sugar marketed during the 1988/89 marketing year (b) 25 % for sugar marketed during the 1989/90 marketing year (c) 50 % for sugar marketed during the 1990/91 marketing year (d) 75 % for sugar marketed during the 1991/92 marketing year.' 3. The following paragraph is added to Article 9:
´4a. As an intervention measure during the period 1987/88 to 1991/92 Community aid shall be granted for the adaptation of the white sugar beet processing industry in the autonomous region of the Azores.
The aid shall be granted, within the limit of the A and B quotas for the sugar-producing undertaking situated in the autonomous region of the Azores, in respect of the quantity of white sugar produced during each of the marketing years referred to in the first subparagraph. The amount of aid per 100 kilograms produced during each marketing year shall be equal to the difference between the derived intervention price, for all the areas of the United Kingdom, for the white sugar in question, and the intervention price for Portugal for the said white sugar.' 4. Article 16 (2) is replaced by the following:
´2. The levies on white sugar, raw sugar and molasses shall be equal to the threshold price minus the cif price. For flavoured and coloured sugars and those containing other added substances, obtained from white sugar or raw sugar, the levy on white sugar shall apply.
5. Article 23 (2) and (3) is replaced by the following:
´2. For the 1988/89, 1989/90 and 1990/91 marketing years, and without prejudice to Articles 24 (1a) and 25, the A and B quotas of sugar-producing undertakings and isoglucose-producing undertakings shall be those which obtained in the 1987/88 marketing year.
3. For the 1988/89, 1989/90 and 1990/91 marketing years, the basic A and B production quantities for sugar and isoglucose shall be those laid down in Article 24 (2) for the 1986/87 and 1987/88 marketing years.
4. The Council, acting in accordance with the procedure laid down in Article 43 (2) of the Treaty, shall determine before 1 January 1991 the system to be applied from 1 July 1991.' 6. The second and third subparagraphs of Article 24 (1) are replaced by the following paragraph:
´1a. With regard to Portugal, that country shall allocate, for its mainland region under the conditions of this Title and within the limit of the basic A and B quantities fixed for that region in paragraph 2, an A quota and a B quota to each undertaking situated in that region which is likely to start up sugar production.
Before such allocation Portugal may use for the benefit of the A and B quotas of the undertaking situated in the autonomous region of the Azores up to 10 % of the basic A and B quantities fixed in respect of mainland Portugal.
However, as a transitional measure, if an undertaking which is intended for sugar production, which is approved as such by Portugal and which is situated in its mainland region is not likely to start up sugar production that Member State may allocate to it, without prejudice to paragraph 2, an A quota and a B quota during the marketing years from 1987/88 to 1990/91.
For the purposes of the third subparagraph, where a sugar-producing undertaking which is situated in another Member State and to which production quotas have been allocated processes sugar beet harvested in Portugal and purchased by the undertaking situated in Portugal in accordance with the provisions of this Regulation, the sugar obtained as a result shall be considered as having been produced by the Portuguese undertaking in question.
The sum of the quotas allocated for each of the marketing years referred to in the third subparagraph may not exceed the quantity of sugar which may thus be produced during the marketing year in question.' 7. In Article 28 (2), the introductory words are replaced by the following:
´2. Before the end of each of the 1988/89, 1989/90 and 1990/91 marketing years, a cumulative recording shall be made of the 1986/87 to 1989/90 marketing years which precede the year of recording:' 8. Article 28 (5), (6) and (7) is replaced by the following:
´5. Where the figures recorded pursuant to paragraph 1 show that, because of the ceiling placed on the basic production levy and the B levy fixed in paragraphs 3 and 4, the foreseeable total loss for the current marketing year is likely not to be covered by the receipts expected from those levies, the maximum percentage referred to in the first indent of paragraph 4 shall be adjusted to the extent necessary to cover the said total loss but without exceeding 37,5 %.
The revised maximum percentage for the B levy shall be fixed for the current marketing year before 15 September of that marketing year. At the same time the percentage referred to in the second subparagraph of Article 5 (2) shall be adjusted accordingly.
6. The Council, acting by a qualified majority on a proposal from the Commission, may decide that all or part of the losses resulting from any granting of the production refunds referred to in Article 9 (3) must be included in the total loss referred to in paragraph 1 (e) of this Article.
7. The levies referred to in this Article shall be collected by the Member States.
8. Detailed rules for the application of this Article and in particular:
- the amounts of the levies to be collected,
- the revised maximum percentage for the B levy,
- the adjusted minimum price for B beet corresponding to the revised maximum percentage for the B levy.' 9. The following Article is inserted after Article 28:
´Article 28a 1. Where, in respect of a particular marketing year, the total loss recorded pursuant to Article 28 (1) and 2 is not fully covered by the receipts from the production levies for that marketing year after application of Article 28 (3) to (5), an additional levy shall be charged to manufacturers, without prejudice to Article 5, so as to cover fully that part of the total loss in question which is not covered by the said receipts.
2. The additional levy shall be calculated for each sugar-producing undertaking and each isoglucose-producing undertaking by multiplying the total amount of the production levies payable by the undertaking in respect of the marketing year in question by a coefficient to be determined. This coefficient shall represent, for the Community as a whole, the ratio between the total loss recorded for the marketing year in question pursuant to Article 28 (1) and (2) and the receipts from the basic production levy and the B levy owed by sugar manufacturers and isoglucose manufacturers for that marketing year, the ratio being reduced by 1.
3. The additional levy shall be paid by the manufacturers in question before the 15th day of December following the marketing year in respect of which it is payable.
Sugar manufacturers may require that sellers of Community-produced beet or Community-produced cane, as the case may be, refund part of the additional levy in question which has been collected. Such refund may at most be equal to the maximum amount contributed by the beet or cane sellers, as provided for by Article 28, towards the basic production levy and the B levy for the marketing year in question multiplied by the coefficient referred to in paragraph 2.
The refund referred to in the second subparagraph shall be effected on beet delivered under the marketing year in question. However, the parties concerned may agree that the refund shall be effected on beet delivered under the following marketing year.
4. For the purposes of the information recorded pursuant to Article 28 (2), account shall be taken of the revenue generated by charging the additional levy referred to in paragraph 1.
5. Detailed rules for the application of this Article, and in particular the coefficient referred to in paragraph 2, shall be adopted in accordance with the procedure laid down in Article 41.' 10. The second subparagraph of Article 32a (1) is replaced by the following:
´In the marketing years 1986/87 to 1990/91, the elimination levy designed to eliminate a deficit of 80 million ECU for each marketing year shall apply in accordance with the particulars set out in paragraphs 2 and 3.' 11. In Article 32a (4), ´during the marketing years 1986/87 and 1987/88' is replaced by ´during the marketing years 1986/87 to 1990/91.' Article 2 1. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
2. It shall apply from 1 July 1988, with the exeption of Article 1 (3) and (6) which shall apply from the beginning of the 1987/88 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1902/2005
of 21 November 2005
establishing a prohibition of fishing for anglerfish in ICES zones VII by vessels flying the flag of Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 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 2005.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.
(3)
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2005 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
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, 21 November 2005. | [
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COMMISSION REGULATION (EC) No 338/2005
of 25 February 2005
fixing the maximum export refund on wholly milled and parboiled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 2032/2004
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 14(3) thereof,
Whereas:
(1)
An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2032/2004 (2).
(2)
Article 5 of Commission Regulation (EEC) No 584/75 (3) allows the Commission to fix, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 14(4) of Regulation (EC) No 1785/2003 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3)
The application of the abovementioned criteria to the current market situation for the rice 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
The maximum export refund on wholly milled and parboiled long grain B rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2032/2004 is hereby fixed on the basis of the tenders submitted from 21 to 24 February 2005 at 60,00 EUR/t.
Article 2
This Regulation shall enter into force on 26 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COUNCIL REGULATION (EEC) No 2204/90
of 24 July 1990
laying down additional general rules on the common organization of the market in milk and milk products as regards cheese
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from 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 Article 11 of Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (3), as last amended by Regulation (EEC) No 3879/89 (4), provides for the granting of aid, since the introduction of that organization, for skimmed milk produced in the Community and processed with a view to the manufacture of casein and caseinates; whereas that aid for disposal must ensure for the Community producers concerned a market position identical to that of producers of non-Community casein and caseinates the products of which, following a binding of customs duties, are available on the Community market at the world market price;
Whereas technical progress combined with the arrangements for controlling milk production have had the result of developing the use of casein and caseinates in products for which the primary objective of the aid did not intend them; whereas such substitution operations resulted in affecting the stability of the milk market; whereas, while it appears vital, for reasons of competition, to maintain the principle of aid of a sufficient amount, measures to ensure that the granting of the aid may not disturb the balance of the milk market and that casein and caseinates of Community and non-Community origin receive the same treatment must be adopted;
Whereas the characteristics of casein and caseinates and those of cheese show similarities such that the latter products are particulary vulnerable to the abovementioned substitution operations; whereas only the use of casein and caseinates in cheese should accordingly be governed by rules at Community level;
Whereas the sound operation of such arrangements requires, on the part of the Member States, controls ensuring compliance with the obligations laid down: whereas, to that end, provision should be made in particular for controls and the relevant penalties: whereas the penalties must be such as to neutralize at least the economic benefit arising from unauthorized utilization,
HAS ADOPTED THIS REGULATION:
Article 1
The use of casein and caseinates in the manufacture of cheese shall be subject to prior authorization, which shall be granted only if such use is a necessary condition for the manufacture of the products.
According to the procedure laid down in Article 30 of Regulation (EEC) No 804/86, the Commission shall determine the conditions under which States shall grant the authorizations and the maximum percentages to be incorporated, on the basis of objective criteria laid down having regard to what is technologically necessary.
Article 2
For the purposes of this Regulation:
(a) 'cheese' means products covered by CN code 0406 and manufactured within Community territory;
(b) 'casein and caseinates' means products covered by CN codes 3501 10 90 and 3501 90 90 and used as such or in the form of a mixture.
Article 3
1. The Member States shall introduce administrative and physical controls involving the following measures:
(a) the obligation to declare the quantities and types of cheese manufactured and the quantities of casein and caseinates incorporated into the various products;
(b) the obligation on each undertaking to keep stock accounts enabling the quantities and types of cheese manufactured, the quantities of casein and caseinates purchased and/or manufactured and their destination and/or utilization to be recorded;
(c) frequent, unannounced spot checks in order to cross-check the stock accounts on the one hand and appropriate commercial documents and stocks actually held on the other hand; such checks shall relate to a representative number of the declarations referred to in (a) in order to check the facts.
2. The Member States shall notify the Commission of all measures adopted pursuant to this Regulation and of those ensuring that the parties concerned are informed as to the penal or administrative penalties to which they are liable in the case of failure to comply with the provisions of this Regulation, observed
- either pursuant to the measures adopted under paragraph 1,
- or during any check that the public authorities conduct concerning the undertakings which manufacture cheeses but which are not subject to the provisions of paragraph 1.
3. Without prejudice to the penalties laid down, or to be laid down, by the Member State concerned, a sum equal to the difference between the value of the skimmed milk resulting from the intervention price for skimmed-milk powder on the one hand and the market price for casein and caseinates on the other hand, plus 10 %, shall be due for quantities of casein and caseinates used without authorization.
Those values shall be ascertained in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.
Article 4
After the arrangements provided for by this Regulation have been applied for one year, the Commission shall draw up a report, together with any appropriate proposals, on the operation and impact of the arrangements.
Article 5
The detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 15 October 1990. Until that date the provisions in force, and in particular Article 2 (4) of Council Regulation (EEC) No 987/68 of 15 July 1968 laying down general rules for granting aid for skimmed milk processed into caseins or caseinates (1), as last amended by Regulation (EEC) No 1435/90 (2), shall continue to apply.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 1526/2004
of 26 August 2004
fixing the maximum export refund for white sugar to certain third countries for the 3rd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1327/2004
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) and in particular the second indent of Article 27(5) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1327/2004 of 19 July 20043rd on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.
(2)
Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 3rd partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1327/2004 the maximum amount of the export refund shall be 47,175 EUR/100 kg.
Article 2
This Regulation shall enter into force on 27 August 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COUNCIL REGULATION (EEC) No 2055/86
of 30 June 1986
opening, allocating and providing for the administration of a Community tariff quota for rum, arrack and tafia, falling within subheading 22.09 C I of the Common Customs Tariff and originating in the overseas countries and territories associated with the European Economic Community (1986/87)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community and in particular Article 136 thereof,
Having regard to Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (1) as last amended by Council Decision 86/46/EEC (2) and in particular Annex IX thereto,
Having regard to the proposal from the Commission,
Whereas Annex IX to Decision 80/1186/EEC provides that rum, arrack and tafia shall be imported into the Community free of customs duties within the limits of a Community tariff quota;
Whereas the Community has established by Decision 86/47/EEC (3), arrangements for trade between Spain and Portugal on the one hand and the overseas countries and territories (OCT) on the other; whereas this Decision provides for the application by the two Member States of the particular provisions concerning the quota duties to be applied on imports of products originating in the OCT;
Whereas the annual size of the quota is to be fixed on the basis of a basic annual quantity, calculated in hectolitres of pure alcohol, equal to the amount of imports during the best of the past three years for which statistics are available; whereas to this quantity a certain growth rate is applied; whereas this growth rate should be fixed at 27 %; whereas the quota period ranges from 1 July to 30 June of the following year;
Whereas Community statistics for the years 1983 to 1985 show the highest volume of imports into the Community of the products in question originating in the said countries and territories, namely 13 306 hectolitres of pure alcohol, occurred in 1983; whereas the volume of the Community tariff quota for the period 1 July 1986 to 30 June 1987 should therefore be fixed at 16 899 hectolitres of pure alcohol;
Whereas, taking into account actual trends on the markets for the products in question, the needs of the Member States and the economic prospects for the period under consideration, the percentage shares in the quota volume may be laid down approximately as follows:
Benelux: 59,99
Denmark: 7,04
Germany: 10,88
Greece: 0,51
Spain: 1,95
France: 4,02
Ireland: 4,02
Italy: 1,95
Portugal: 1,95
United Kingdom: 7,69
Whereas the development of imports into the Community of these products should be recorded and imports accordingly monitored;
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 measure concerning the administration of the share allocated to that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 July 1986 to 30 June 1987, rum, arrack and tafia falling within subheading 22.09 C I of the Common Customs Tariff and originating in the countries and territories referred to in Article 1 of Decision 80/1186/EEC shall be imported free of customs duty into the Community within the limits of a Community tariff quota of 16 899 hectolitres of pure alcohol.
2. The rules of origin applicable to the products referred to in paragraph 1 shall be those set out in Annex II to Decision 80/1186/EEC.
3. Within the limit of their shares as indicated in Article 2, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of the 1985 Act of Accession and of Regulation (EEC) No 86/47/EEC.
Article 2
The Communtiy tariff quota referred to in Article 1 shall be divided between the Member States as follows:
1.2 // // (hectolitres of pure alcohol) // Benelux: // 10 139 // Denmark: // 1 190 // Germany: // 1 840 // Greece: // 30 // Spain: // 330 // France: // 680 // Ireland: // 680 // Italy: // 330 // Portugal: // 330 // United Kingdom: // 1 350
Article 3
1. Member States shall manage the shares allocated to them in accordance with their own arrangements.
2. The extent to which the Member States have taken up their shares shall be determined on the basis of the imports of the products in question, originating in the said countries and territories, entered for customs clearance under declarations for free circulation.
Article 4
1. In accordance with Article 6 of Annex IX to Decision 80/1186/EEC, the Community shall monitor imports of the products in question originating in the said countries and territories.
2. Member States shall forward to the Commission, not later than the 15th day of each month, statements of imports of the products in question actually charged against the tariff quota during the preceding month. Only products entered at customs under declarations for free circulation and accompanied by a movement certificate conforming to the rules referred to in Article 1 (2) shall be taken into consideration for this purpose.
3. The Commission shall regularly inform the Member States of the extent to which the tariff quota has been used up.
4. Where necessary, consultation may be held at the request of a Member State or on the initiative of the Commission.
Article 5
The Commission shall take all necessary measures, in close cooperation with the Member States, to ensure the implementaion of this Regulation.
Article 6
Tis Regulation shall enter into force on 1 July 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 91/2005
of 20 January 2005
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),
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 (2), 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 220 145 448 while the available amount for the tranche of refund certificates as referred to in Article 8(4) of Regulation (EC) No 1520/2000 is EUR 71 047 745.
(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 February 2005 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 February 2005 are subject to a reduction coefficient of 0,678.
Article 2
This Regulation shall enter into force on 21 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 2005. | [
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Commission Directive 2003/69/EC
of 11 July 2003
amending the Annex to Council Directive 90/642/EEC as regards maximum residue levels for chlormequat, lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and certain dithiocarbamates
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables(1), as last amended by Council Regulation (EC) No 2003/806(2), and in particular Article 7 thereof,
Whereas:
(1) In the case of products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.
(2) MRLs for pesticides are kept under review and changed to take account of new information and data. MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residue in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported by the necessary data.
(3) In the case of chlormequat, Member States and stakeholders informed the Commission that contamination of pears due to the background levels of chlormequat in the environment originating from earlier use continues to be significant. Monitoring data show that the decline of the residues is so slow that the temporary MRL provided for in Directive 90/642/EEC needs to remain in place for three more years.
(4) In the case of lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and mancozeb applications for new or changed uses were submitted to the Rapporteur Member States. Those uses were evaluated and it was concluded that they would not result in unacceptable consumer exposure.
(5) For mancozeb it is not possible with the current method of routine analysis to distinguish it from other dithiocarbamates (maneb, mancozeb, metiram, propineb and zineb (sum expressed as CS2)), therefore the residue definition covers the whole group of dithiocarbamates.
(6) The Commission concluded that it is prudent to modify some of the MRLs in view of the possible risks to consumers. It is important that additional risk management measures should be taken by the Member States to adequately protect the consumer.
(7) The lifetime and short term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation(3). It is calculated that the MRLs fixed in this Directive will not lead to unacceptable consumer exposure.
(8) Where relevant, the acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the MRLs proposed in this Directive will not cause acute toxic effects.
(9) Through the World Trade Organisation, the Community's trading partners have been consulted about the MRLs proposed in this Directive and their comments on these levels have been taken into account.
(10) The opinions of the Scientific Committee for Plants have been taken into account, in particular its advice and recommendations concerning the methodology to be followed for the protection of consumers of agricultural products treated with pesticides.
(11) The Annex to Directive 90/642/EEC should therefore be amended accordingly.
(12) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex II to Directive 90/642/EEC is amended as follows:
1. in the entry for kresoxim-methyl on strawberries "0,2 (p) mg/kg" is replaced by "1 (p) mg/kg";
2. in the entry for the dithiocarbamates: "Maneb, mancozeb, metiram, propineb and zineb (sum expressed as CS2)" on radishes "0,2 mg/kg" is replaced by "2 mg/kg", on spring onions "0,05* mg/kg" is replaced by "1 mg/kg";
3. in the entry for chlormequat on pears the footnote (t) is replaced by the following:
"(t) A temporary MRL of 0,3 mg/kg shall apply until 31 July 2006.";
4. the entries for azoxystrobin and lambda-cyhalothrin are replaced by the entries in Annex to this Directive.
Article 2
Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 July 2003 at the latest. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 August 2003.
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.
Article 3
This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 11 July 2003. | [
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COMMISSION REGULATION (EC) No 441/2008
of 22 May 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 23 May 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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COMMISSION REGULATION (EC) No 548/2009
of 24 June 2009
amending Regulation (EC) No 760/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards authorisations for the use of casein and caseinates in the manufacture of cheeses
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), and in particular Article 121(i), in conjunction with Article 4 thereof,
Whereas:
(1)
Article 100 of Regulation (EC) No 1234/2007 as amended by Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 (2) provides for the possibility of granting aid for skimmed milk processed into casein and caseinates.
(2)
Following the amendment of Article 119 of Regulation (EC) No 1234/2007 by Regulation (EC) No 72/2009, prior authorisation for using casein and caseinates in cheese manufacture is no longer required unless aid is paid under Article 100 of Regulation (EC) No 1234/2007 and the Commission decides to make the use of casein and caseinates in the manufacture of cheese subject to that authorisation.
(3)
When aid for Community-produced skimmed milk processed into casein and caseinates is fixed in accordance with Article 100 of Regulation (EC) No 1234/2007, the detailed rules for granting such authorisations should be respected.
(4)
Commission Regulation (EC) No 760/2008 (3) has established the rules for the prior authorisations of the use of casein and caseinates that had to be granted under Article 119 before its amendment by Regulation (EC) No 72/2009. In view of the current situation where the aid is fixed at zero, and the prior authorisation is no longer mandatory, the scope of Regulation (EC) No 760/2008 should be amended to lay down the conditions under which those rules are applicable
(5)
It is therefore necessary to amend Regulation (EC) No 760/2008 accordingly.
(6)
The proposed amendment should apply from 1 July 2009, the date on which the relevant amendments introduced by Regulation (EC) No 72/2009 apply.
(7)
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
In Article 1 of Regulation (EC) No 760/2008, paragraph 1 is replaced by the following:
‘1. This Regulation lays down the rules as regards the granting of authorisations for the use of casein and caseinates in the manufacture of cheese when:
(a)
an aid is fixed pursuant to Article 100 of Regulation (EC) No 1234/2007; and
(b)
such use is considered necessary for the manufacture of cheese as provided for in Article 119 of that Regulation.
Those authorisations shall be granted for a period of 12 months, at the request of the undertakings concerned, subject to a prior undertaking in writing to accept and comply with the provisions of Article 3 of this Regulation.’
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 June 2009. | [
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COMMISSION REGULATION (EC) No 792/2006
of 24 May 2006
fixing the minimum selling price for butter for the 42nd individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999
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(c) thereof,
Whereas:
(1)
Pursuant to Article 21 of 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), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.
(2)
In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999.
(3)
In the light of the tenders received, a minimum selling price should be fixed.
(4)
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 42nd individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 23 May 2006, the minimum selling price for butter is fixed at 255,00 EUR/100 kg.
Article 2
This Regulation shall enter into force on 26 May 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 2006. | [
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COMMISSION REGULATION (EEC) No 3472/80 of 30 December 1980 supplementing the Annex to Regulation (EEC) No 3130/78 determining intervention centres for olive oil, as a result of Greek accession
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece (1), and in particular Article 146 thereof,
Whereas Commission Regulation (EEC) No 3130/78 (2) determines the intervention centres for olive oil in the producer Member States ; whereas the said list of centres should be supplemented to take account of Greek accession,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 3130/78 is hereby supplemented by the list of Greek intervention centres given in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 January 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 December 1980. | [
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Council Decision
of 27 March 2003
appointing an alternate member of the Committee of the Regions
(2003/233/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the German Government,
Whereas:
(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1).
(2) The seat of an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Gustav-Adolf STANGE, of which the Council was notified on 18 December 2002,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Hans-Georg KLUGE (State Secretary at the Ministry of Justice and European Affairs of the Land Brandenburg) is hereby appointed an alternate member of the Committee of the Regions in place of Mr Gustav-Adolf STANGE for the remainder of his term of office, which expires on 25 January 2006.
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*****
COMMISSION DECISION
of 26 July 1990
terminating an anti-dumping proceeding concerning imports of certain single phase, two-speed electric motors originating in Bulgaria, Romania and Czechoslovakia
(90/399/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 Article 9 thereof,
After consultation within the Advisory Committee as provided for by Regulation (EEC) No 2423/88,
Whereas:
A. PROCEDURE
(1) In July 1989 the Commission received a complaint lodged by Associazione Nazionale Industrie Elettrotechniche ed Elettroniche (ANIE), Italy, Groupement des Industries de Matériels d'Equipement Electrique et de L'Electronique Industrielle Associée (Gimelec), France and Asociación Nacional de Fabricantes de Bíenes de Equipo (Sercobe), Spain, trade associations which represent the majority of the Community production of the electric motors concerned.
The complaint was accompanied by sufficient evidence of dumping and injury to justify the initiation of an investigation.
Consequently, the Commission published a notice in the Official Journal of the European Communities (2) announcing the initiation of an anti-dumping proceeding concerning imports into the Community of certain single phase, two-speed electric motors originating in Bulgaria, Romania and Czechoslovakia falling within CN code 8501 40 90, and started an investigation.
B. PRODUCT
(2) The products allegedly being dumped are AC, single phase, two-speed, electric motors used in the construction of low-speed washing machines. These electric motors fall within CN code 8501 40 90.
It should be noted that electric motors of the type described are used only in washing machines destined for markets in the southern half of the Community, i.e. France, Spain, Italy, Greece and Portugal, owing to the fact that the washing machine motors that are produced and used in northern Community countries have different technical specifications and fall within different CN codes.
(3) When considering the 'likeness' between the Community electric motors concerned and the exported electric motors which are the subject of this proceeding, the Commission established that these motors were alike in their essential character and identical in their use. None of those concerned commented on this question, within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88.
C. SUBSEQUENT PROCEDURE
(4) The Commission officially notified the exporters and importers known to be concerned, representatives of the exporting countries and the complainants, giving those directly concerned the opportunity to make their views known in writing and to request a hearing. Some of them asked for and received a hearing from the Commission. Some importers made their views known in writing.
(5) The Commission collected and verified all the information it considered necessary to assess the evidence and carried out inspections at the premises of the following firms:
Community producers
- Société Electromécanique du Nivernais (Selni),
Nevers,
France,
- Nuova IB-MEI spa,
Asti,
Italy,
- Sole spa,
Pordenone,
Italy,
- IB-MEI,
Mostoles,
Spain.
(6) Pursuant to Article 7 (1) (c) of Regulation (EEC) No 2423/88, the dumping investigation covered the period 1 January to 30 September 1989 (hereinafter the 'investigation period').
D. INJURY
(7) When deciding whether the allegedly dumped imports caused major injury to the Community industry, the Commission considered whether or not to regard these imports as a whole.
After having eliminated Bulgaria from its study, since no exports from this country had been recorded in 1988 or during the investigation period, the Commission established that the imported products were alike, that they were competing on the Community market and that they were destined for the same customers, and decided to regard them as a whole.
When assessing the situation of the Community industry, the Commission took account of the following:
(a) Volume, market share and price of imports
Volume and market share
(8) Imports into the Community of the electric motors which are the subject of the procedure originating in Romania and Czechoslovakia rose from 984 086 units in 1986 to 1 084 523 in 1988, an increase of 10,2 %.
During the investigation period 745 365 units were imported. When extrapolated for the whole of 1989, these imports are revealed to be 8,3 % down.
(9) Compared with Community consumption, which rose from 3 703 871 units in 1986 to 4 206 932 in 1988, an increase of 13,6 %, the market share of motors imported from Romania and Czechoslovakia fell from 26,6 % to 25,7 %.
During the investigation period, the market share of the imports concerned fell further to 23,9 %, Community consumption in 1989 being down 0,6 % on 1988.
Price
(10) Evidence available to the Commission showed undercutting in Italy and Spain, the two main markets for the imports.
On the Italian market, the Romanian exporter was established to be undercutting by between 3 and 26 %, and the Czechoslovak exporter by between 5 and 26 %.
In Spain, the Czechoslovak exporter was established to have been undercutting by between 4 and 18 %. There were no Romanian exports to this market during the investigation period.
(b) Situation of the Community industry
The Commission examined whether the imports alleged to have been dumped had had any serious effect on the Community industry.
Community production
(11) Community production increased by 19,6 % from 1986 to 1988, from 2 737 574 units to 3 275 226, while its consumption increased by only 13 %.
During the investigation period, Community production was 2 484 652 units; extrapolating this figure for the whole of 1989 shows a slight increase in production of 1 % against a 0,6 % drop in Community consumption.
Utilization of production capacity
(12) Utilization of production capacity, which had increased from 69 % to 76,7 % between 1986 and 1988, fell noticeably during the investigation period (to 71,7 %) because Community producers had increased their production capacity during 1988 and the investigation period.
Community sales and market share
(13) From 1986 to 1988 the sales of the Community producers concerned increased by 14,8 %, from 2 719 785 units to 3 122 409. During the investigation period 2 378 048 units were sold. Extrapolating this figure for the whole of 1989 reveals an increase of 1,3 %. (14) The market share of Community sales rose from 73,4 % in 1986 to 74,6 % in 1988 and 76 % in the investigation period.
Selling price and profit
(15) Community producers raised their prices considerably during the investigation period. Some Community producers alleged, however, that competition from allegedly dumped imports had prevented them from raising their prices in line with increasing production costs.
(16) Although the financial circumstances of Community producers seem overall to have deteriorated when the investigation period is compared with the preceding years, the Commission was not able to verify this trend because two undertakings accounting for almost half of Community production during the investigation period supplied no data on their financial situation in preceding years.
Whatever the case may be, two producers are still showing a profit. One is a producer of electric motors integrated into a group making washing machines, and the other is an independent producer, i.e. one not linked to a washing machine manufacturer. Of the Community producers making losses, one is an integrated producer and the other the subsidiary of the abovementioned independent producer.
The Commission found that the losses recorded by the integrated producer were a consequence more of the group's purchasing policy than of the imports alleged to have been dumped. In the case of the independent producer's subsidiary and in the absence of data regarding its financial situation in preceding years, it was not possible to prove that the losses found during the investigation period were caused by the imports in question.
Conclusions concerning the injury
(17) The above information shows that the imports of motors of Romanian and Czechoslovak origin increased less rapidly than Community consumption; the decline in these imports was particularly noticeable during the investigation period, falling by 8 % while Community consumption remained relatively stable. The market share of the imports concerned was down by almost 3 % on 1986.
The Community producers, for their part, were able to increase production and sales at a rate faster than that at which Community consumption grew, so increasing their market share. Any slight decline in their utilization of production capacity during the investigation period is the result of increases in production capacity during 1988 and the investigation period, which were out of line with trends in Community consumption.
The producers were able to increase their prices considerably in spite of undercutting. It was not possible to satisfactorily verify arguments that these increases were inadequate and these arguments seemed irrelevant in the case of two of the producers, whose prices are set by their washing machine-making parent companies.
Consequently, the Commission is unable to attribute any deterioration in financial results during the investigation period to the imports in question.
In view of the above, the Commission has to conclude that imports of electric motors originating in Romania and Czechoslovakia have not caused significant injury to the Community industry in question.
E. THREAT OF INJURY
(18) It was alleged that the Spanish market was an exceptional case owing to higher customs duties than those applicable under the Common Customs Tariff and to quantitative restrictions covering the type of motor concerned by this proceeding, and that the lack of an anti-dumping measure would cause serious injury to this country when these protective measures were abolished in 1992.
While considering this argument irrelevant since the customs duties and quantitative restrictions in question were not introduced to compensate for dumping, the Commission examined the argument in the light of Article 4 (3) of Regulation (EEC) No 2423/88, which provides that account may be taken, when determining threat of injury, of factors such as the rate of increase of the exports concerned to the Community and the export capacity of the country of origin. The Commission found that Romania had not exported to Spain in 1988 and 1989 and that Czechoslovak exports had fallen considerably during the investigation period, and also that there was nothing to indicate a probable expansion in the near future of the Czechoslovak undertaking's export capacity. On the contrary, the Czechoslovak exporter wrote saying that it had cut production and production capacity. The Commission therefore feels that the criteria for a threat of injury to the Spanish market in particular have not been fulfilled.
F. DUMPING
(19) In view of the above conclusions concerning the lack of injury or threat of injury, the Commission does not consider it necessary to continue the investigation concerning dumped imports of motors originating in Romania and Czechoslovakia.
G. TERMINATION OF THE ANTI-DUMPING PROCEEDING
(20) The anti-dumping proceeding must therefore be terminated without the imposition of protective measures.
(21) The Anti-Dumping Committee raised no objection to this conclusion.
(22) The complainants have been informed of the grounds and essential considerations underlying the Commission's decision to terminate the proceeding,
HAS DECIDED AS FOLLOWS:
Sole Article
The anti-dumping proceeding concerning imports of certain single phase, two-speed electric motors originating in Bulgaria, Romania and Czechoslovakia, and falling within CN code 8501 40 90 is hereby terminated.
Done at Brussels, 26 July 1990. | [
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Commission Decision
of 6 July 1981
establishing that the apparatus described as "Akashi combined light-electron microscope, model LEM 2000" may not be imported free of Common Customs Tariff duties
(81/548/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials [1], as amended by Regulation (EEC) No 1027/79 [2],
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 [3], and in particular Article 7 thereof,
Whereas, by letter dated 19 December 1980, the United Kingdom has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Akashi combined light-electron microscope, model LEM 2000", to be used for research into multiple sclerosis, particularly with the brain antigens in section of multiple sclerosis material, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 28 April 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a light-electron microscope; Whereas its objective technical characteristics, such as the reproducibility of the measurements, and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus ;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus "EM 400 T", manufactured by Philips Nederland BV, NL-Boschdijk 525, Eindhoven,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Akashi combined light-electron microscope, model LEM 2000", which is the subject of an application by the United Kingdom of 19 December 1980, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 July 1981. | [
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*****
COMMISSION REGULATION (EEC) No 2036/84
of 16 July 1984
amending for the third time Regulation (EEC) No 1136/79 laying down detailed rules on the application of special import arrangements for certain types of frozen beef intended for processing
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 14 (4) (c) thereof,
Whereas Commission Regulation (EEC) No 1136/79 (2), as last amended by Regulation (EEC) No 410/84 (3), lays down detailed rules for the application of the special import arrangements for certain types of frozen beef intended for processing; whereas Article 2 (5) of the said Regulation defines the conditions which must be complied with by products referred to as 'preserves' in order to be eligible for the special import arrangements referred to in Article 14 (1) (a) of Regulation (EEC) No 805/68;
Whereas practical experience of the application of Article 2 (5) has revealed a need for a more precise definition of products referred to as 'preserves' within the meaning of that Regulation;
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 2 (5) of Regulation (EEC) No 1136/79 is hereby replaced by the following:
'5. For the purposes of Article 14 (1) (a) of Regulation (EEC) No 805/68 "preserves" means products falling within subheading 16.02 B III b) 1 bb) of the Common Customs Tariff, containing by weight 20 % of more of meat of bovine animals, excluding offal and fat, in which beef and jelly account for at least 85 % of the total net weight.
However, products which have been processed in a retail or catering establishment and offered for sale to the ultimate consumer shall not be considered "preserves".'
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 to preserves manufactured from products imported after 30 September 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 1984. | [
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COMMISSION DECISION of 21 December 1994 approving the programme for the eradication and surveillance of brucella melitensis for 1995 presented by Portugal and fixing the level of the Community's financial contribution (Only the Portuguese text is authentic) (94/873/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the 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 Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of brucella melitensis;
Whereas by letter dated 15 July 1994, Portugal has submitted a programme for the eradication of brucella melitensis;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 on laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as last amended by Council Directive 92/65/EEC (4);
Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community and which was established by Commission Decision 94/769/EC (5);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Portugal up to a maximum of ECU 2 250 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
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 programme for the eradication of Brucella melitensis presented by Portugal is hereby approved for the period from 1 January to 31 December 1995.
Article 2
Portugal shall bring into force by 1 January 1995 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs incurred in Portugal by way of compensation to owners for the slaughter of animals up to a maximum of ECU 2 250 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1996 at the latest.
Article 4
This Decision is addressed to the Portuguese Republic.
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COUNCIL DIRECTIVE of 3 December 1982 on a limit value for lead in the air (82/884/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas one of the essential tasks of the European Economic Community is to promote throughout the Community a harmonious development of economic activities and a continuous and balanced expansion, which cannot be imagined in the absence of a campaign to combat pollution and nuisances or of an improvement in the quality of life and the protection of the environment;
Whereas the use of lead is currently causing lead contamination of many areas of the environment;
Whereas inhaled lead contributes significantly to the total body burden of lead;
Whereas the protection of human health against the hazards of lead requires that the individual's exposure to lead in the air be monitored;
Whereas the first (4) and second (5) programme of action of the European Communities on the environment state that this pollutant should receive priority consideration ; whereas the said programmes provide for the coordination of national programmes in this field and for the harmonization of national policies within the Community on the basis of a common long-term plan aiming at improving the quality of life ; whereas since the specific powers of action required to this end have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof;
Whereas insufficient technical and scientific information is available to enable the Council to lay down specific standards for the environment generally ; whereas the adoption of limit values for the protection of human health will contribute to the protection of the environment as well;
Whereas it is desirable to fix a limit value for lead in the air;
Whereas the measures taken pursuant to this Directive must be economically feasible and compatible with balanced development ; whereas in consequence a sufficient time limit should be laid down for its implementation ; whereas account should also be taken of the provisions of Council Directive 78/611/EEC of 29 June 1978 on the approximation of the laws of the Member States concerning the lead content of petrol (6);
Whereas it is desirable to monitor the quality of the air in places where people may be exposed continuously and for a long period and where there is a risk that the limit value may not be observed;
Whereas it is important that the Commission should obtain information concerning the sites used for sampling, the sampling and analysis procedures used to determine the concentration of lead in the air, the places where the limit value laid down in the Directive has been exceeded and the concentrations measured in these places as well as the measures taken to avoid a repetition of the occurrence;
Whereas each year as from the second year after the implementation of this Directive the Commission should publish a summary report on the (1) OJ No C 154, 7.7.1975, p. 29. (2) OJ No C 28, 9.2.1976, p. 31. (3) OJ No C 50, 4.3.1976, p. 9. (4) OJ No C 112, 20.12.1973, p. 1. (5) OJ No C 139, 13.6.1977, p. 1. (6) OJ No L 197, 22.7.1978, p. 19. implementation of national provisions adopted pursuant to the Directive;
Whereas the application of the measures taken pursuant to this Directive should not lead to a noticeable deterioration of the quality of the air where the level of lead pollution observed when the Directive is implemented is lower than the limit value fixed;
Whereas, to implement the Directive, it is desirable to comply with the characteristics adopted in the Annex for choosing the sampling method ; whereas, to analyze the samples taken, it is desirable to use the reference method adopted in the Annex or any other method for which the Commission has previously had proof that it provides equivalent results;
Whereas further development of the characteristics to be complied with for choosing a sampling method and the reference method of analysis, set out in the Annex to this Directive, may be desirable in the light of technical and scientific progress achieved in this field ; whereas, to facilitate the implementation of the necessary work, it is desirable to provide for a procedure introducing close cooperation between the Member States and the Commission within a committee responsible for adapting the Directive to scientific and technical progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall fix a limit value for lead in the air specifically in order to help protect human beings against the effects of lead in the environment.
2. This Directive shall not apply to occupational exposure.
Article 2
1. For the purpose of this Directive, "limit value" means the concentration of lead in the air which, subject to the conditions laid down hereinafter, must not be exceeded.
2. The limit value shall be 2 micrograms Pb/m3 expressed as an annual mean concentration.
3. Member States may, at any time, fix a value more stringent than that laid down in this Directive.
Article 3
1. Member States shall take the necessary measures to ensure that five years after notification of this Directive, the concentration of lead in the air, measured in accordance with Article 4, is not greater than the limit value given in Article 2.
2. Where a Member State considers that the limit value fixed in Article 2 (2) may be exceeded in certain places four years after notification of this Directive, it shall inform the Commission thereof.
3. The Member States concerned shall, within two years of the implementation of this Directive, forward to the Commission plans for the progressive improvement of the quality of the air in such places. These plans, drawn up on the basis of relevant information as to the nature, origin and development of the pollution, shall in particular describe the measures already taken or envisaged and the procedures implemented or planned by the Member States concerned. The objective of these measures and procedures must be to bring the concentration of lead in the air in those places below the level of the limit value fixed in Article 2 (2) or down to that level, as soon as possible and at the latest seven years after notification of this Directive. These measures and procedures must take into account the provisions of Directive 78/611/EEC and the results of its application.
Article 4
Member States shall ensure that sampling stations are installed and operated at places where individuals may be exposed continually for a long period and where they consider that Articles 1 and 2 are likely not to be observed.
Article 5
1. For the purposes of applying this Directive, the Member States shall provide the Commission at its request with information on: - the sites used for sampling,
- the sampling and analysis procedures used to determine the concentration of lead in the air.
2. Member States shall inform the Commission not later than 1 July of each year, beginning in the calendar year following the implementation of this Directive, of the places in which the limit value fixed in Article 2 (2) has been exceeded in the previous calendar year and of the concentrations recorded.
3. They shall also notify the Commission, not later than during the calendar year following that in which the limit values were exceeded, of the measures they have taken to avoid recurrence.
Article 6
The Commission shall each year publish a summary report on the application of this Directive, commencing in the second year following its implementation.
Article 7
Application of the measures taken pursuant to this Directive must not bring about a significant deterioration in the quality of the air where the level of pollution by lead, at the time of implementation of this Directive, is low in relation to the limit value fixed in Article 2 (2).
Article 8
For the purposes of applying this Directive, Member States shall comply with the characteristics laid down in the Annex for choosing the sampling method ; for analyzing the samples taken, Member States shall use the reference method mentioned in the Annex or any other method which they prove to the Commission beforehand produces equivalent results.
Article 9
The procedure in Articles 10 and 11 for the adaptation of this Directive to scientific and technical progress shall relate to the characteristics to be complied with for choosing a sampling method and the reference method referred to in the Annex.
This adaptation must not have the effect of directly or indirectly modifying the application of the actual concentration value fixed in Article 2 (2).
Article 10
1. A committee on the adaptation of this Directive to scientific and technical progress hereinafter called "the committee", is hereby set up ; it shall consist of representatives of the Member States with a Commission representative as chairman.
2. The committee shall adopt its own rules of procedure.
Article 11
1. Where the procedure laid down in this Article is to be followed, the matter shall be referred to the committee by its chairman, either on his own initiative or at the request of a representative of a Member State.
2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall give its opinion on that draft within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be delivered by a majority of 45 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. Where the measures envisaged are in accordance with the opinion of the committee, the Commission shall adopt them.
Where the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be taken. The Council shall act by a qualified majority.
If within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 12
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall forward to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.
Article 13
This Directive is addressed to the Member States.
Done at Brussels, 3 December 1982. | [
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Commission Regulation (EC) No 335/2003
of 21 February 2003
amending Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops(1), as last amended by Regulation (EC) No 1038/2001(2), and in particular Article 9 thereof,
Whereas:
(1) Commission Regulation (EC) No 2316/1999(3), as last amended by Regulation (EC) No 327/2002(4), lays down detailed rules for applying Regulation (EC) No 1251/1999 with respect to the conditions for granting area payments for certain arable crops and lays down the conditions for set aside.
(2) Under Council Regulation (EC) No 1017/94 of 26 April 1994 concerning the conversion of land currently under arable crops to extensive livestock farming in Portugal(5), as last amended by Regulation (EC) No 2582/2001(6), applications have been submitted for conversion of an area equivalent to 29575 hectares. The base area should therefore be adjusted accordingly.
(3) In response to applications by Belgium, new base areas should be fixed in accordance with the regionalisation plan of the Member State concerned.
(4) The Member States have notified the results of the tests to determine the tetrahydrocannabinol levels in the hemp varieties sown in 2002. Those results should be taken into account when drawing up the list of hemp varieties qualifying for area payments in the coming marketing years and the list of varieties temporarily accepted for 2003/04, which will require further testing during that marketing year.
(5) Regulation (EC) No 2316/1999 should therefore be amended accordingly.
(6) 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
Regulation (EC) No 2316/1999 is hereby amended as follows:
1. in Annex VI, the details given under the headings "Belgium" and "Portugal" are replaced by the details given in Annex I hereto;
2. Annex XII is replaced by Annex II hereto.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from the 2003/2004 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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*****
COMMISSION REGULATION (EEC) No 3548/84
of 17 December 1984
laying down certain provisions for the application of Regulation (EEC) No 2763/83 on arrangements permitting goods to be processed under customs control before being put into free circulation
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2763/83 of 26 September 1983 on arrangements permitting goods to be processed under customs control before being put into free circulation (1), and in particular Article 15 thereof,
Whereas, in order to establish rules on the procedure for placing goods under the arrangements for processing under customs control, it is appropriate to base such rules on those already existing for other customs arrangements, with changes to take account of particular aspects of the arrangements for processing under customs control;
Whereas it is appropriate to provide for certain reliefs from the procedure concerning the issue of the authorization and the declaration for placing goods under the arrangements;
Whereas the customs value of the processed products must be determined taking into account the object of the arrangements, which is to draw activities to the Community, and the necessity to guarantee the protection of Community producers provided by the Common Customs Tariff;
Whereas, furthermore, in order to ensure the abovementioned objective of the arrangements, it is necessary to provide for the non-application of special measures of commercial policy for goods in the unaltered state if such measures are not provided for in regard to the processed products;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee for Customs Processing Arrangements,
HAS ADOPTED THIS REGULATION:
TITLE I
The placing of goods under the arrangements
Article 1
The placing of goods under the arrangements for processing under customs control, hereinafter referred to as the 'arrangements', shall be subject to the lodging at a competent customs office, under the conditions established by this Regulation, of a declaration for placing goods under the arrangements for processing under customs control, hereinafter referred to as the 'declaration'.
The person making the declaration is hereinafter referred to as the 'declarant'.
Article 2
1. The declaration shall be made in writing on a form in accordance with the official model established by the customs authority.
2. The declaration shall be signed and shall contain particulars of the authorization and the information necessary for the identification of the goods, for the application of any provisions governing the placing of the goods under the arrangements and for the imposition, where appropriate, of import duties.
It shall include the following particulars:
(a) the name or style and address of the declarant;
(b) where the declarant is not himself the holder of the authorization, the name or style and address of the said holder; where the person carrying out the processing is not one of the aforementioned persons, the name or style and address of the processor;
(c) the commercial description of the goods;
(d) the Common Customs Tariff nomenclature heading or subheading of the goods and a description of the said goods in conformity with the terms of that nomenclature or in terms that are sufficiently precise to enable the customs authority to determine forthwith and unambiguously that they correspond to the tariff heading or subheading declared;
(e) the nature of the processing;
(f) the commercial description of the processed products to be obtained;
(g) the rate of yield provided for or, where appropriate, the method for establishing the said rate of yield;
(h) the period of time within which the goods placed under the arrangements must be dealt with in one of the ways provided for in Article 10 of Regulation (EEC) No 2763/83, hereinafter referred to as the 'basic Regulation';
(i) the place where the processing is to be carried out;
(j) the number, kind, marks and serial numbers of the packages containing the goods, or, in the case of unpackaged goods, the number of items covered by the declaration or, where appropriate, the words 'in bulk', and such description of the unpackaged goods as is necessary for their identification;
(k) in the case of goods declared for the arrangements by means of a summary declaration as provided for in Article 3 of Council Directive 68/312/EEC (1), a reference to the said summary declaration, unless the customs authority itself undertakes to indicate this information;
(l) in the case of goods entered for the arrangements for which no summary declaration as provided for under point (k) has been made:
- where the goods have not been previously placed under another customs procedure, the information necessary for the identification of the means of transport used to bring the goods to the customs office;
- where the goods have been placed under another customs procedure, the information necessary for the discharge of this procedure,
- where the goods have been placed in free zones, where appropriate, the information necessary for the identification of the means of transport used to bring the goods to the customs office;
(m) particulars of the quantities of the goods;
(n) in the case of goods liable to ad valorem duties, their customs value as determined in accordance with Council Regulation (EEC) No 1224/80 (2);
(o) in the case of goods liable to specific duties, any additional specifications of quantity which may be necessary for the application of those duties;
(p) in the case of goods liable to ad valorem duties with a minimum rate based on specific particulars, all the information referred to in points (n) and (o);
(q) the country of consignment of the goods, within the meaning of Article 10 of Council Regulation (EEC) No 1736/75 (3), and their country of origin within the meaning of Council Regulation (EEC) No 802/68 (4) or, as regards goods qualifying for preferential treatment by virtue of their origin, within the meaning of Community or conventional provisions allowing this preferential treatment;
3. The particulars specified in paragraph 2 (c), (e), (f), (g), (h) and (i) need not be given where they are contained in the authorization.
4. Provided the proper conduct of operations is not affected, the customs authority may, subject to conditions that it shall establish, authorize the declarant to furnish or to insert at a later date certain particulars of the declaration in the form of supplementary declarations of a general, periodic or recapitulative nature. Statements made in supplementary declarations shall be deemed, in conjunction with the statements in the declarations to which they relate, to constitute a single, indivisible instrument taking effect at the date on which the initial declaration was accepted.
Article 3
The provision of Article 4 (3) to (5) and of Articles 5 to 10 of Commission Regulation (EEC) No 1751/84 (5) shall apply mutatis mutandis.
Article 4
The customs authority may allow the lodging of the declaration also to be considered an application under Article 3 (2) of the basic Regulation. In that case, the authorization for processing under customs control shall be given by means of the acceptance of the declaration and the said acceptance shall be subject to the conditions for granting the authorization.
TITLE II
Operation and discharge of the arrangements
Article 5
Processing shall be carried out in accordance with the conditions laid down by the customs authority.
Article 6
Discharge of the arrangements shall be based either on the quantities of imported goods corresponding, according to the rate of yield, to the processed products or on the quantity of goods in the unaltered state which have been dealt with in one of the ways provided for in Article 10 of the basic Regulation.
Article 7
When the processed products are released for free circulation, their customs value shall be one of the following, at the option of the interested party, such option being exercised at the time of acceptance of the entry for release for free circulation:
- the customs value, determined at or about the same time, of identical or similar goods produced in any third country, or
- the selling price of the products, provided it is not influenced by a relationship between buyer and seller, or
- the selling price in the Community of identical or similar goods, provided it is not influenced by a relationship between buyer and seller, or
- the customs value of the imported goods plus the costs of the processing.
Article 8
1. When, at the time when they were placed under the arrangements, the imported goods fulfilled the conditions entitling them to preferential tariff treatment, the processed products may be charged at a rate of duty equivalent to the preferential rate of duty which would have applied to identical products under the preferential arrangements concerned, provided that:
(a) the document entitling the imported goods to the said preferential treatment is produced;
(b) at the time of acceptance by the customs authority of the entry for release for free circulation of the processed products, the preferential tariff treatment in question is applicable to products identical to the processed products.
2. If the preferential arrangements provided for in paragraph 1 for the imported goods are granted with reference to tariff quotas or to tariff ceilings, the granting of the rate referred to in paragraph 1 for the processed products shall also be subject to the condition that the preferential arrangements should be applicable to imported goods at the date of acceptance by the customs authority of the entry for release for free circulation. In this case, the quantity of imported goods actually used in manufacture of the processed products released for free circulation shall be charged against the tariff quotas or ceilings in force at the time of acceptance of the entry for release for free circulation.
Article 9
1. When, at the time of acceptance of the entry for release for free circulation, specific measures of commercial policy are provided for in respect of the goods in the unaltered state, the release for free circulation of the processed products shall not be subject to the application of these measures unless such measures are also provided for with regard to products identical to the processed products.
In this case, these measures must be applied to the quantity of goods in the unaltered state actually used in the manufacture of the processed products which have been put into free circulation.
2. 'Specific measures of commercial policy' means non-tariff measures established in the framework of the common commercial policy by Community provisions regarding arrangements applicable to the importation of goods, such as protective measures, quantitative restrictions or limits and import prohibitions.
TITLE III
Communication of information and its examination by the Committee
Article 10
1. The Member States shall communicate the following information to the Commission:
(a) for each authorization where the value of the goods to be imported for any given operator and for any calendar year exceeds 100 000 ECU, the particulars provided for in Annex I;
(b) for each application for authorization rejected because the economic conditions provided for under Article 4 (g) of the basic Regulation are not deemed to have been fulfilled, the particulars provided for in Annex II.
2. The information in question shall be communicated before the end of the month following the calendar month in which the authorization was issued or the application for authorization rejected.
3. The information shall be circulated by the Commission to the other Member States. Should it give rise to comment by a Member State or by the chairman of the Committee referred to in Article 14 of the basic Regulation it shall be examined by the said Committee.
Article 11
This Regulation shall enter into force on 1 January 1985. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 1984. | [
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