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COMMISSION REGULATION (EEC) No 3237/8
of 12 November 1981
amending Regulation (EEC) No 1842/81 laying down detailed rules for implementing Regulation (EEC) No 1188/81 relating to general rules for granting refunds adjusted in the case of cereals exported in the form of certain spirituous beverages
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 1949/81 (2), and in particular Articles 16 (6) and 24 thereof,
Having regard to Council Regulation (EEC) No 1188/81 of 28 April 1981 laying down general rules for granting refunds adjusted in the case of cereals exported in the form of certain spirituous beverages and the criteria for fixing the amount of such refunds and amending Regulation (EEC) No 3035/80 concerning certain products not covered by Annex II to the Treaty (3), and in particular Article 12 thereof,
Whereas Commission Regulation (EEC) No 1842/81 (4) prescribes the detailed rules to be applied when granting refunds in the case of cereals exported in the form of certain spirituous beverages;
Whereas Article 26 of Commission Regulation (EEC) No 2730/79 (5), as last amended by Regulation (EEC) No 2646/81 (6), provides for the advance payment of refunds when products have been placed in a victualling warehouse; whereas in such cases the warehouse-keeper must undertake to use the products as supplies for victualling within the Community; whereas such supplies are treated as exports for refund purposes; whereas the beverages covered by Regulation (EEC) No 1842/81 should be considered as having been exported when being placed in such warehouses;
Whereas it may happen that products for victualling do not reach their destination; whereas, in such cases, the refund should be repaid or a fixed amount should be paid; whereas for such products the provisions of Articles 26 to 29 of Regulation (EEC) No 2730/79 should apply;
Whereas the most recent information available to the Commission is that the definitions in Article 17 of Regulation (EEC) No 1842/81 do not take proper account of existing practices in Member States producing whisky; whereas the Regulation shall consequently 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
Regulation (EEC) No 1842/81 is hereby amended as follows:
1.
The following paragraph is added to Article 12:
‘3. Products having being placed in a victualling warehouse approved pursuant to Article 26 of Regulation (EEC) No 2730/79 shall also be considered as having been exported.
When products have been placed in such warehouses, the provisions of Articles 26 to 29 of the Regulation referred to above shall apply mutatis mutandis.’
2.
Article 17 is replaced by the following:
‘Article 17
For the purpose of Article 16:
(a)
“grain whisky” means whisky made from 15 % barley or an equivalent quantity of malt and 85 % cereals;
(b)
“malt whisky” means whisky made exclusively from malt;
(c)
“Irish pot-still whiskey”means whisky made from barley and malt, with at least one-third malt;
(d)
the percentage of the various types of cereals employed in the manufacture of the spirituous beverages referred to in Article 13 (2) shall be determined taking account of the total quantities of the various types of cereals employed for the manufacture of the spirituous beverages referred to in Article 2 of Regulation (EEC) No 1188/81.’
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 1 (2) shall apply with effect from 1 July 1981.
Article 1 (1) shall apply, on application by the party concerned, with effect from the same date.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 November 1981. | [
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COMMISSION DECISION of 6 October 1993 concerning the grant of assistance from the cohesion financial instrument to the following project in Ireland: Drogheda main drainage scheme (stage 1) No CF: 93/07/61/018 (Only the English text is authentic) (93/710/EEC)
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), 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 (2), are to apply, mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measures 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 measures which are described in Annex V to this Decision are undertaken;
Whereas on 24 June 1993 Ireland has submitted an application for assistance from the cohesion financial instrument for the project Drogheda main drainage scheme (stage 1);
Whereas that application concerns a project which is eligible pursuant to 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 that Regulation;
Whereas the project will help achieve the objectives of Article 130 r of the Treaty concerning the environment;
Whereas the project is the result of measures taken in accordance with Article 130 s of the Treaty;
Whereas the project is a transport infrastructure project of common interest;
Whereas the project is the result of measures taken in accordance with Article 130s of the Treaty:
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (3), as last amended by Council Regulation (Euratom, ECSC, EEC) No 610/90 (4), 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 that Regulation (EEC) No 792/93 and the provisions foreseen in Annex VI;
Whereas all the other conditions laid down have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
1. The project Drogheda main drainage scheme (stage 1) situated in Ireland as described in Annex I hereto is hereby approved for the period from 1 January 1993 to 31 December 1994.
2. References to 'project' in the following Articles and Annexes shall be understood to mean also 'stage of project'.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 2 474 000.
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 2 102 900.
4. The contribution is committed from the 1993 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 1 133 333.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Ireland and for which the requisite finance has been specifically allocated to works to be completed not later than 31 December 1994.
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 the first sub-paragraph 1.
Article 5
1. The project shall be carried out in accordance with Community law, and in particular with Articles 7, 30, 52 and 59 of the EEC Treaty, as well as with Community policies, 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 EEC Treaty.
Article 6
Systematic monitoring and assessment of the project 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 or its Annexes 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 Ireland.
Done at Brussels, 6 October 1993. | [
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COUNCIL REGULATION (EC) No 1441/2005
of 18 July 2005
on administering certain restrictions on imports of certain steel products from the Republic of Kazakhstan and repealing Regulation (EC) No 2265/2004
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Kazakhstan (1), hereinafter referred to as ‘the PCA’, entered into force on 1 July 1999.
(2)
Article 17(1) of the PCA provides that trade in certain steel products shall be governed by Title III of that Agreement, with the exception of Article 11 thereof, and by the provisions of an agreement on quantitative arrangements.
(3)
On 19 July 2005 the European Community and the Republic of Kazakhstan concluded such an Agreement on trade in certain steel products (2), hereinafter referred to as ‘the Agreement’.
(4)
It is necessary to provide the means for administering the terms of the Agreement within the Community, taking into account the experience gained from previous Agreements concerning a similar regime.
(5)
It is appropriate to classify the products in question on the basis of the combined nomenclature, hereinafter referred to as ‘CN’, established by Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3).
(6)
It is necessary to ensure that the origin of the products in question is checked and that appropriate methods of administrative cooperation are set up to that end.
(7)
The effective application of the Agreement requires the introduction of a requirement of a Community import authorisation for entry into free circulation in the Community of the products in question together with a system for administering the granting of such Community import authorisations.
(8)
Products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be counted against the limits established for the products in question.
(9)
In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States will not issue import authorisations before obtaining prior confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question.
(10)
The Agreement provides for a system of cooperation between the Republic of Kazakhstan and the Community with the aim of preventing circumvention by means of transhipment, rerouting or other means. A consultation procedure should be established under which an agreement can be reached with the country concerned on an equivalent adjustment to the relevant quantitative limit when it appears that the Agreement has been circumvented. The Republic of Kazakhstan has agreed to take the necessary measures to ensure that any adjustments could be rapidly applied. In the absence of agreement within the time limit provided, the Community should, where there is clear evidence of circumvention, have the possibility to apply the equivalent adjustment.
(11)
From 1 January 2005 imports into the Community of products covered by this Regulation have been subjected to a licence pursuant to Council Regulation (EC) 2265/2004 of 20 December 2004 on trade in certain steel products between the European Community and the Republic of Kazakhstan (4). The Agreement provides that those imports are to be counted against the limits established for 2005 in this Regulation.
(12)
For reasons of clarity it is therefore necessary to replace Regulation (EC) 2265/2004 by this Regulation,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
1. This Regulation applies to imports into the Community of steel products listed in Annex I, originating in the Republic of Kazakhstan.
2. The steel products shall be classified in product groups as set out in Annex I.
3. The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community.
4. The procedures for verification of the origin of the products referred to in paragraph 1 are laid down in Chapters II and III.
Article 2
1. The importation into the Community of the products listed in Annex I originating in the Republic of Kazakhstan shall be subject to the annual quantitative limits laid down in Annex V. The release for free circulation in the Community of the products listed in Annex I originating in the Republic of Kazakhstan shall be subject to the presentation of a certificate of origin, as set out in Annex II, and of an import authorisation issued by the Member States' authorities in accordance with the provisions of Article 4.
The authorised imports shall be counted against the quantitative limits laid down for the year in which the products are shipped in the exporting country.
2. In order to ensure that quantities for which import authorisations are issued do not exceed at any moment the total quantitative limits for each product group, the competent authorities of the Member States shall issue import authorisations only upon confirmation by the Commission that there are still quantities available within the quantitative limits for the relevant product group of steel products in respect of the supplier country, for which an importer or importers have submitted applications to those authorities. The competent authorities of the Member States for the purposes of this Regulation are listed in Annex IV.
3. Imports of products as from 1 January 2005, for which a licence was required pursuant to Regulation (EC) 2265/2004 shall be counted against the relevant limits for 2005 laid down in Annex V.
4. For the purposes of this Regulation and as from the date of its application, shipment of products shall be considered as having taken place on the date on which they were loaded on to the exporting means of transport.
Article 3
1. The quantitative limits referred to in Annex V shall not apply to products placed in a free zone or free warehouse or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system).
2. Where the products referred to in paragraph 1 are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 2(2) shall apply and the products so released shall be counted against the relevant quantitative limit set out in Annex V.
Article 4
1. For the purpose of applying Article 2(2), before issuing import authorisations, the competent authorities of the Member States shall notify the Commission of the amounts of the requests for import authorisations, supported by original export licences, which they have received. By return, the Commission shall notify its confirmation that the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States have been received.
2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the exporting country, the product group concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.
3. As far as possible, the Commission shall confirm to the authorities of the Member States the full amount indicated in the requests notified for each product group. Moreover, the Commission shall contact the competent authorities of the Republic of Kazakhstan immediately in cases where requests notified exceed the limits in order to seek clarification and a rapid solution.
4. The competent authorities of the Member States shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import authorisation. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each product group.
5. The notifications referred to in paragraphs 1 to 4 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.
6. The import authorisations or equivalent documents shall be issued in accordance with Chapter II.
7. The competent authorities of the Member States shall notify the Commission of any cancellation of import authorisations or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities of the Republic of Kazakhstan. However, if the Commission or the competent authorities of a Member State have been informed by the competent authorities of the Republic of Kazakhstan of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be counted against the quantitative limit for the year during which shipment of products took place.
Article 5
For the purposes of applying Article 3(3) and 3(4) of the Agreement, the Commission is hereby authorised to make the necessary adjustments.
Article 6
1. Where, following the enquiries carried out in accordance with the procedures set out in Chapter III, the Commission notes that the information in its possession constitutes proof that products listed in Annex I originating in the Republic of Kazakhstan have been transhipped, rerouted or otherwise imported into the Community through circumvention of the quantitative limits referred to in Article 2 and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened so that agreement may be reached on an equivalent adjustment of the corresponding quantitative limits.
2. Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask the Republic of Kazakhstan to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out for the year in which the request for consultations was lodged or for the following year, if the quantitative limits for the current year are exhausted, where there is clear evidence of circumvention.
3. If the Community and the Republic of Kazakhstan fail to arrive at a satisfactory solution and if the Commission notes that there is clear evidence of circumvention, the Commission shall deduct from the quantitative limits an equivalent volume of products originating in the Republic of Kazakhstan.
Article 7
This Regulation shall not constitute in any way a derogation from the provisions of the Agreement which, in all cases of conflict, shall prevail.
CHAPTER II
MODALITIES APPLICABLE TO THE MANAGEMENT OF THE QUANTITATIVE LIMITS
SECTION 1
Classification
Article 8
The classification of the products covered by this Regulation is based on the combined nomenclature established by Regulation (EEC) No 2658/87.
Article 9
On the initiative of the Commission or of a Member State, the Tariff and Statistical Nomenclature Section of the Customs Code Committee, established by Regulation (EEC) No 2658/87 will examine urgently, in accordance with the provisions of that Regulation, all questions concerning the classification of products covered by this Regulation within the combined nomenclature in order to classify them in the appropriate product groups.
Article 10
The Commission shall inform the Republic of Kazakhstan of any changes in the CN and TARIC codes affecting products covered by this Regulation at least one month before the date of their entry into force in the Community.
Article 11
The Commission shall inform the competent authorities of the Republic of Kazakhstan of any decisions adopted in accordance with the procedures in force in the Community relating to classification of products covered by this Regulation, within one month at the latest of their adoption. Such communication shall include:
(a)
a description of the products concerned;
(b)
the relevant product group, the CN code and the TARIC code;
(c)
the reasons which have led to the decision.
Article 12
1. Where a classification decision adopted in accordance with Community procedures in force results in a change of classification practice or a change in the product group of any product covered by this Regulation, the competent authorities of the Member States shall provide 30 days' notice, from the date of the Commission's notification, before the decision is put into effect.
2. Products shipped before the date of application of the decision shall remain subject to earlier classification practice, provided that the goods in question are entered to importation within 60 days of that date.
Article 13
Where a classification decision adopted in accordance with the Community procedures in force referred to in Article 12 involves a product group subject to a quantitative limit, the Commission shall, where necessary, initiate consultations without delay in accordance with Article 9, in order to reach agreement on any necessary adjustments to the corresponding quantitative limits provided for in Annex V.
Article 14
1. Without prejudice to any other provision on this subject, where the classification indicated in the documentation necessary for importation of the products covered by this Regulation differs from the classification determined by the competent authorities of the Member State into which they are to be imported, the goods in question shall be provisionally subject to the import arrangements which, in accordance with the provisions of this Regulation, are applicable to them on the basis of the classification determined by the aforementioned authorities.
2. The competent authorities of the Member States shall inform the Commission of the cases referred to in paragraph 1, indicating in particular:
(a)
the quantities of products involved;
(b)
the product group shown on the import documentation and that retained by the competent authorities;
(c)
the number of the export licence and the category shown.
3. The competent authorities of the Member States shall not issue a new import authorisation for steel products subject to a Community quantitative limit laid down in Annex V following re-classification until they have obtained confirmation from the Commission in accordance with the procedure laid down in Article 4 that the amounts to be imported are available.
4. The Commission shall notify the exporting countries concerned of the cases referred to in this Article.
Article 15
In the cases referred to in Article 14, as well as in those cases of a similar nature raised by the competent authorities of the Republic of Kazakhstan, the Commission, if necessary, shall enter into consultations with the Republic of Kazakhstan, in order to reach agreement on the classification definitively applicable to the products involved in the divergence.
Article 16
The Commission, in agreement with the competent authorities of the importing Member State or States and of the Republic of Kazakhstan, may, in the cases referred to in Article 15, determine the classification definitively applicable to the products involved in the divergence.
Article 17
When a case of divergence referred to in Article 14 cannot be resolved in accordance with Article 15, the Commission shall adopt, in accordance with the provisions of Article 10 of Regulation (EEC) No 2658/87, a measure establishing the classification of the goods in the combined nomenclature.
SECTION 2
Double-checking system for administering quantitative limits
Article 18
1. The competent authorities of the Republic of Kazakhstan shall issue an export licence in respect of all consignments of steel products subject to the quantitative limits laid down in Annex V up to the level of those limits.
2. The importer shall present the original of the export licence for the purposes of the issue of the import authorisation referred to in Article 21.
Article 19
1. The export licence for quantitative limits shall conform to the model set out in Annex II and shall certify, inter alia, that the quantity of goods in question has been counted against the quantitative limit established for the product group concerned.
2. Each export licence shall cover only one of the product groups listed in Annex I.
Article 20
Exports shall be counted against the quantitative limits established for the year in which the products covered by the export licence have been shipped within the meaning of Article 2(4).
Article 21
1. To the extent that the Commission pursuant to Article 4 has confirmed that the amount requested is available within the quantitative limit in question, the competent authorities of the Member States shall issue an import authorisation within a maximum of 10 working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the export licence have been shipped. Import authorisations shall be issued by the competent authorities of any Member State irrespective of the Member State indicated on the export licence, to the extent that the Commission has confirmed, in accordance with the procedure laid down in Article 4, that the amount requested is available within the quantitative limit in question.
2. The import authorisations shall be valid for four months from the date of their issue. Upon duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity for a further period not exceeding four months.
3. Import authorisations shall be drawn up in accordance with the model set out in Annex III and shall be valid throughout the customs territory of the Community.
4. The declaration or request made by the importer in order to obtain the import authorisation shall contain:
(a)
the full name and address of the exporter;
(b)
the full name and address of the importer;
(c)
the exact description of the goods and their TARIC code(s);
(d)
the country of origin of the goods;
(e)
the country of consignment;
(f)
the appropriate product group and the quantity for the products in question;
(g)
the net weight by CN heading;
(h)
the cif value of the products at Community frontier by CN heading;
(i)
where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract;
(j)
date and number of the export licence;
(k)
any internal code used for administrative purposes;
(l)
date and signature of importer.
5. Importers shall not be obliged to import the total quantity covered by an import authorisation in a single consignment.
6. The import authorisation may be issued by electronic means as long as the customs offices involved have access to the document via a computer network.
Article 22
The validity of import authorisations issued by the authorities of the Member States shall be subject to the validity of export licences and the quantities indicated in the export licences issued by the competent authorities of the Republic of Kazakhstan on the basis of which the import authorisations have been issued.
Article 23
Import authorisations or equivalent documents shall be issued by the competent authorities of the Member States in conformity with Article 2(2) and without discrimination to any importer in the Community, wherever the place of his establishment may be in the Community, without prejudice to other conditions required under the current rules.
Article 24
1. If the Commission finds that the total quantities covered by export licences issued by the Republic of Kazakhstan for a particular product group in any year exceed the quantitative limit established for that product group, the competent authorities in the Member States shall be informed immediately in order to suspend the further issue of import authorisations. In this event, consultations shall be initiated forthwith by the Commission.
2. The competent authorities of a Member State shall refuse to issue import authorisations for products originating in the Republic of Kazakhstan which are not covered by export licences issued in accordance with the provisions of this Chapter.
SECTION 3
Common provisions
Article 25
1. The export licence referred to in Article 18 and the certificate of origin referred to in Article 2 may include additional copies duly indicated as such. The original and the copies of these documents shall be drawn up in English.
2. If the documents referred to in paragraph 1 are completed by hand, entries must be in ink and in block letters.
3. The export licences or equivalent documents and certificates of origin shall measure 210 x 297 mm. The paper shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part shall have a printed guilloche-pattern background making any falsification by mechanical or chemical means apparent to the eye.
4. Only the original shall be accepted by the competent authorities of the Member States as being valid for import purposes in accordance with the provisions of this Regulation.
5. Each export licence or equivalent document and the certificate of origin shall bear a standardised serial number, whether or not printed, by which it can be identified.
6. This number shall be composed of the following elements:
-
two letters identifying the exporting country as follows:
KZ
=
the Republic of Kazakhstan
-
two letters identifying the Member State of intended destination as follows:
AT
=
Austria
BE
=
Belgium
CY
=
Cyprus
CZ
=
Czech Republic
DE
=
Germany
DK
=
Denmark
EE
=
Estonia
EL
=
Greece
ES
=
Spain
FI
=
Finland
FR
=
France
GB
=
United Kingdom
HU
=
Hungary
IE
=
Ireland
IT
=
Italy
LT
=
Lithuania
LU
=
Luxembourg
LV
=
Latvia
MT
=
Malta
NL
=
Netherlands
PL
=
Poland
PT
=
Portugal
SE
=
Sweden
SI
=
Slovenia
SK
=
Slovakia
-
a one-digit number identifying the quota year corresponding to the last figure in the year in question, e.g. ‘5’ for 2005;
-
a two-digit number identifying the issuing office in the exporting country;
-
a five-digit number running consecutively from 00001 to 99999 allocated to the specific Member State of destination.
Article 26
The export licence and the certificate of origin may be issued after the shipment of the products to which they relate. In such cases they shall bear the endorsement ‘issued retrospectively’.
Article 27
1. In the event of theft, loss or destruction of an export licence or a certificate of origin, the exporter may apply to the competent authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession. The duplicate licence or certificate issued in this way shall bear the endorsement ‘duplicate’.
2. The duplicate shall bear the date of the original licence or certificate.
SECTION 4
Community import authorisation - common form
Article 28
1. The forms to be used by the competent authorities of the Member States for issuing the import authorisations referred to in Article 21 shall conform to the model of the import authorisation set out in Annex III.
2. Import authorisation forms and extracts thereof shall be drawn up in duplicate, one copy, marked ‘Holder's copy’ and bearing the number 1 to be issued to the applicant, and the other, marked ‘Copy for the issuing authority’ and bearing the number 2, to be kept by the authority issuing the licence. For administrative purposes the competent authorities may add additional copies to form 2.
3. Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 g/m2. Their size shall be 210 x 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the licence itself, shall in addition have a red printed guilloche-pattern background making any falsification by mechanical or chemical means apparent to the eye.
4. Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear the printer's name and address or a mark enabling the printer to be identified.
5. At the time of their issue the import authorisations or extracts shall be given an issue number determined by the competent authorities of the Member State. The import authorisation number shall be notified to the Commission electronically within the integrated network set up under Article 4.
6. Licences and extracts shall be completed in the official language, or one of the official languages, of the Member State of issue.
7. In box 10 the competent authorities shall indicate the appropriate steel product group.
8. The marks of the issuing agencies and debiting authorities shall be applied by means of a stamp. However, an embossing press combined with letters or figures obtained by means of perforation, or printing on the licence may be substituted for the issuing authority's stamp. The issuing authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references.
9. The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the customs authorities when import formalities are completed, or by the competent administrative authorities when an extract is issued. If the space set aside for debits on a licence or extract thereof is insufficient, the competent authorities may attach one or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the licence or extract. The debiting authorities shall place their stamp so that one half is on the licence or extract thereof and the other half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner across each page and the preceding page.
10. Import authorisations and extracts issued, and entries and endorsements made, by the authorities of one Member State shall have the same legal effect in each of the other Member States as documents issued, and entries and endorsements made, by the authorities of such Member States.
11. The competent authorities of the Member States concerned may, where indispensable, require the contents of licences or extracts to be translated into the official language or one of the official languages of that Member State.
CHAPTER III
ADMINISTRATIVE COOPERATION
Article 29
The Commission shall supply the Member States' authorities with the names and addresses of authorities in the Republic of Kazakhstan competent to issue certificates of origin and export licences together with specimens of the stamps used by these authorities.
Article 30
1. Subsequent verification of certificates of origin or export licences shall be carried out at random, or whenever the competent authorities of the Member States have reasonable doubt as to the authenticity of the certificate of origin or export licence or as to the accuracy of the information regarding the true origin of the products in question.
In such cases the competent authorities of the Community shall return the certificate of origin or the export licence or a copy thereof to the competent authorities of the Republic of Kazakhstan, giving, where appropriate, the reasons of form or substance for an enquiry. If the invoice has been submitted, such invoice or a copy thereof shall be attached to the certificate of origin or export licence or copy thereof. The competent authorities shall also forward any information that has been offered suggesting that the particulars given on the certificate of origin or the export licence are inaccurate.
2. The provisions of paragraph 1 shall also apply to subsequent verifications of declarations of origin.
3. The results of the subsequent verifications carried out in accordance with paragraph 1 shall be communicated to the competent authorities of the Community within three months at the latest. The information communicated shall indicate whether the disputed certificate, licence or declaration applies to the goods actually exported and whether the goods are eligible for export to the Community under this Chapter. The competent authorities of the Community may also request copies of all documentation necessary to determine the facts fully, including, in particular, the origin of the goods.
4. Should such verifications reveal abuse or major irregularities in the use of declarations of origin, the Member State concerned shall inform the Commission of this fact. The Commission shall pass the information on to the other Member States.
5. Random recourse to the procedure specified in this Article shall not constitute an obstacle to the release for free circulation of the products in question.
Article 31
1. Where the verification procedure referred to in Article 30 or where information available to the competent authorities of the Community indicates that the provisions of this Chapter are being contravened, the said authorities shall request the Republic of Kazakhstan to carry out appropriate enquiries or arrange for such enquiries to be carried out concerning operations which are or appear to be in contravention of the provisions of this Chapter. The results of these enquiries shall be communicated to the competent authorities of the Community together with any other pertinent information enabling the true origin of the goods to be determined.
2. In pursuance of the action taken in accordance with the provisions of this Chapter, the competent authorities of the Community may exchange any information with the competent authorities of the Republic of Kazakhstan which is considered to be of use in preventing the contravention of the provisions of this Chapter.
3. Where it is established that the provisions of this Chapter have been contravened, the Commission may take such measures as are necessary to prevent recurrence of such contravention.
Article 32
The Commission shall coordinate the action undertaken by the competent authorities of the Member States under the provisions of this Chapter. The competent authorities of the Member States shall inform the Commission and the other Member States of action which they have undertaken and the results obtained.
CHAPTER IV
FINAL PROVISIONS
Article 33
Regulation (EC) No 2265/2004 is hereby repealed.
Article 34
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, 18 July 2005. | [
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Commission Directive 2004/57/EC
of 23 April 2004
on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses(1) and in particular Article 13(3) thereof,
Whereas:
(1) Directive 93/15/EEC applies to explosive materials and articles which are considered to be such in the United Nations Recommendations on the transport of dangerous goods and which fall within Class 1 of those recommendations. Pyrotechnic articles, however, are expressly excluded from the scope of that Directive.
(2) Consequently, in order to ensure the uniform application of Directive 93/15/EEC throughout the Community, it is necessary to identify, by reference to the relevant United Nations recommendations, articles which are to be considered to be pyrotechnic.
(3) Certain articles falling within Class 1 of the United Nations recommendations have a dual function, since it is possible to use them either as explosives or as pyrotechnic articles. Provision should therefore be made, in the interests of the consistent application of Directive 93/15/EEC, for the identification of those articles in terms of their predominant character, that is to say, as explosives or as pyrotechnic articles.
(4) The measures provided for in this Directive are in accordance with the opinion of the Committee established under Article 13 of Directive 93/15/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to this Directive lists, for the purposes of implementing the second and in part the third indent of Article 1(3) of Directive 93/15/EEC, the articles considered in the relevant United Nations recommendations to be pyrotechnic articles or ammunition.
Article 2
Annex II to this Directive lists articles in respect of which a determination is required, for the purposes of implementing the second indent of Article 1(3) of Directive 93/15/EEC, as to whether those articles are pyrotechnic articles or explosives.
Article 3
1. Member States shall adopt and publish, by 31 December 2004 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 these provisions from 31 January 2005.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 23 April 2004. | [
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Commission Regulation (EC) No 745/2003
of 28 April 2003
amending Council Regulation (EC) No 2580/2001 on specific measures directed against certain persons and entities with a view to combating terrorism
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism(1) and in particular Article 7 thereof,
Whereas:
(1) The Annex to Regulation (EC) No 2580/2001 lists the competent authorities to whom information and requests concerning the measures imposed by that Regulation should be sent.
(2) The Netherlands and the United Kingdom have requested that the address details concerning their competent authorities be amended and, as a result of personnel changes, the address details concerning the Commission have to be amended,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 2580/2001 is hereby amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 2003. | [
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*****
COMMISSION REGULATION (EEC) No 546/86
of 27 February 1986
laying down detailed rules for applying the supplementary trade mechanism to fishery 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, and in particular Articles 174 and 361 thereof,
Whereas the Act of Accession introduced a supplementary trade mechanism applicable to imports of certain products into the new Member States and laid down the general rules therefor, particularly as regards determination of the annual intra-Community share in such imports;
Whereas this mechanism is intended to ensure that the markets of the new Member States concerned are gradually opened up to imports from other Member States of the Community; whereas the estimated level of imports determined for a given marketing year must not thereby be lower than for the preceding marketing year;
Whereas, to enable the quantities imported under the supplementary trade mechanism to be managed in line with market conditions the intra-Community share should be divided into quarterly instalments, which may be reviewed if necessary;
Whereas the grant of a licence by each of the new importing Member States prior to any importation into its territory should facilitate monitoring of the imports concerned; whereas, to take account of the experience acquired by the new Member States in managing a system of import licences for fishery products, those States should be allowed to lay down certain administrative procedures relating to the issue of such licences;
Whereas the conditions for implementing the appropriate measures limiting or suspending imports provided for in Articles 174 (4) and 361 (4) of the Act of Accession should be defined;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down detailed rules for applying the supplementary trade mechanism referred to in Articles 174 and 361 of the Act of Accession of Spain and Portugal, hereinafter referred to as the 'Act of Accession'.
Article 2
1. Before 31 December each year the Commission shall establish, in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 3796/81, for the whole of the next marketing year and for each of the new Member States, an overall forward supply estimate for each of the products referred to in Articles 174 (1) and (2) and 361 (1) and (2) of the Act of Accession. This estimate shall be established by defining an estimated overall level of imports on the basis of the average level of imports of the product in question into Spain and Portugal over the last three years for which statistics are available. The estimated overall level of imports shall include an intra-Community share as defined in paragraph 3 and a remainder determined, if appropriate, at the time of the annual fixing of the quantitative restrictions referred to in Council Regulation (EEC) No 360/86 (1).
2. For the products referred to in Articles 174 (1) and 361 (1) of the Act of Accession, when the overall level of imports is established, a distinction shall be made in each case between imports from the other Member States and imports from third countries.
For the products referred to in Articles 174 (2) and 361 (2) of the Act of Accession, when the overall level of imports is established, a distinction shall be made in each case between imports from the other acceding country and imports from all other sources, including the Member States of the Community as constitued on 31 December 1985.
3. Imports from the other Member States as referred to in the first subparagraph of paragraph 2, and imports from the other acceding country as referred to in the second subparagraph 2 shall be increased by 15 % at the time of each annual determination. They shall constitute or be considered as the intra-Community share of the overall level of imports referred to in the second subparagraph of paragraph 1.
The intra-Community share determined for a given marketing year may in no case be below the level applied in the preceding year.
Article 3
1. The intra-Community share defined in Article 2 shall be divided, when it is being determined, into four quarterly instalments shose volume may be reviewed, if necessary, in the course of the marketing year.
2. If, for a given product, actual imports in the course of a quarter are less than the instalment laid down for that quarter, the unused quantities shall be carried forward to the following quarter of the same year.
Article 4
1. Any import into Spain and Portugal of the products referred to in Articles 174 (1) and (2) and 361 (1) ans (2) of the Act of Accession must be effected on the basis of an import licence issued in advance by the competent agency of the importing Member State. A single licence shall be issued for each import operation.
Licences shall be issued on application by the importer, within five working days of the lodging of the application and after providing security in accordance with the detailed rules laid down pursuant to Regulation (EEC) No 360/86. Licences shall not be transferable.
2. Import licences shall be valid only for the products for which they where requested and, without prejudice to Article 6, shall carry the right to import, under the licence and during its period of validity, the net quantity of product specified, from the country or group of countries mentioned on the licence, in accordance with paragraph 4.
3. Without prejudice to Article 6, licences granted in respect of imports from other Member States of the Community shall be valid for a period of 60 days from their date of issue.
4. The importing Member State shall lay down detailed rules relating to the grant of import licences and shall in particular determine the maximum quantity which may be covered by each licence, which, for authorized import quantities of at least 100 tonnes per quarter, may in no case exceed 5 % of the estimated overall level of imports.
However, applications for licences as referred to in paragraph 1 must contain at least the following information, which must be included on the licence:
- the name and address of the importer,
- a precise description of the product, in particular:
- the usual commercial name,
- the definition under the Common Customs Tariff nomenclature,
- the country of origin,
- the quantity of product in tonnes,
- the value of the product in terms of the cif price,
- the probable date and place of import.
5. The Member States in question shall communicate to the Commission the rules which they intend to adopt pursuant to paragraph 4. In the absence of observations by the Commission within one month, the proposed rules shall be deemed to be accepted.
Article 5
1. At the time of placing the products into free circulation, the import licence shall be stamped by the competent customs service, which shall enter or certify on the said licence the net quantity actually imported thereunder.
2. For the purpose of monitoring the quantities imported, the importer shall without delay send a copy of the licence referred to in paragraph 1 to the competent agency which issued him the licence.
3. The importing Member State shall notify to the Commission, within 10 days after the end of each quarter, by product and country of provenance:
- the overall quantity and value of the products which were the subject of applications for import licences in the preceding quarter,
- the quantity and value of the products actually imported in the preceding quarter.
On the basis of this information, the Commission shall determine for each product the intra-Community share of total imports effected during the current marketing year.
Article 6
Where the market of one of the new Member States is disturbed or threatened with disturbance as a result of imports of one or more products covered by this Regulation, the Commission, acting on its own initiative or at the request of the new Member State concerned, may adopt in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 3796/81, appropriate measures as provided for in Articles 174 (4) und 361 (4) of the Act of Accession. The importing Member State concerned shall supply the Commission with all the additional information, in particular on the market situation, necessary for the purpose of this Article.
Article 7
Where the supplementary trade mechanism does not apply for the whole of a calendar year, special provisions for any reduction of the overall forward supply estimate shall be drawn up in accordance with the procedure laid down in Article 33 of Regulation (EEC) No 3796/81.
Article 8
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 March 1986. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 1986. | [
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COMMISSION REGULATION (EC) No 1088/2008
of 5 November 2008
provisionally setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the delivery period beginning on 1 July 2009
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 156 in conjunction with Article 4 thereof,
Whereas:
(1)
Article 12 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2) provides for detailed rules for setting delivery obligations at zero duty for products falling within CN code 1701, expressed in white-sugar equivalent, for imports originating in the countries that are signatories to Protocol 3 attached to Annex V to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (ACP Protocol) and to the Agreement with India.
(2)
By Decision 2007/626/EC (3) the Council decided to denounce, on behalf of the Community, the Agreement with India on cane sugar (‘Agreement with India’) (4), with effect from 1 October 2009. By Decision 2007/627/EC (5) the Council decided to denounce, on behalf of the Community, the ACP Protocol with effect from 1 October 2009. The delivery period starting on 1 July 2009 will therefore only last for 3 months.
(3)
Application of Articles 3 and 7 of the ACP Protocol, Articles 3 and 7 of the Agreement with India and Article 12(3) and Articles 14 and 15 of Regulation (EC) No 950/2006 has resulted in the Commission calculating delivery obligations for each exporting country for the delivery period beginning on 1 July 2009, on the basis of the information currently available.
(4)
For the delivery period which runs between 1 July 2009 and 30 September 2009, sufficient time should be given to operators to organise the trade. It is therefore necessary to provisionally determine the delivery obligations for the period beginning on 1 July 2009 in accordance with point (a) of Article 12(2) of Regulation (EC) No 950/2006.
(5)
Trading contracts between Community importers and ACP countries and India are linked to delivery periods. In order to respect the chronology of the deliveries, applications for import licences for the delivery period beginning on 1 July 2009 should not be submitted before 4 May 2009 unless it can be established that the exporting country met its delivery obligation for the 2008/09 delivery period as set out by Commission Regulation (EC) No 403/2008 (6).
(6)
In accordance with Article 153(3) of Regulation (EC) No 1234/2007, import licences for sugar for refining are to be issued only to full-time refiners provided that the quantities concerned do not exceed the quantities that may be imported in the framework of the traditional supply need referred to in Article 153(1) of Regulation (EC) No 1234/2007. However, pursuant to Article 155 of Regulation (EC) No 1234/2007, the Commission may adopt measures derogating from Article 153(3) of that Regulation in order to ensure that the ACP/Indian sugar is imported into the Community under the conditions set out in the ACP Protocol and the Agreement with India. For the delivery period starting on 1 July 2009 and taking into account the price reduction of imported raw cane sugar on 1 October 2009, those conditions can only be fulfilled if all traders can have access to import licences for sugar for refining. It is therefore necessary to derogate from Article 10(1) of Regulation (EC) No 950/2006 which limits the submission of applications for sugar for refining to full-time refiners.
(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
The delivery obligations for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India are provisionally determined as set out in the Annex. The amounts are fixed for each exporting country concerned in respect of products falling within CN code 1701, expressed in white-sugar equivalent, in the delivery period beginning on 1 July 2009.
Article 2
By way of derogation from the second subparagraph of Article 4(5) of Regulation (EC) No 950/2006, the first period of submission for import licence applications shall start on 4 May 2009. However, where the limit for the 2008/09 delivery period as set by Regulation (EC) No 403/2008 is reached in relation to one of the exporting countries, the first period for submission of import licence applications for that country shall start on the Monday following the Commission’s information to the Member States referred to in Article 5(3) of Regulation (EC) No 950/2006.
Article 3
For the delivery obligations of the delivery period beginning on 1 July 2009 and by way of derogation from Article 10(1) of Regulation (EC) No 950/2006, all applicants fulfilling the conditions of Article 5 of Commission Regulation (EC) No 1301/2006 (7) may submit applications for import licences for sugar for refining in the Member State in which they are registered for VAT purposes.
Article 4
This Regulation shall enter into force on the seventh 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, 5 November 2008. | [
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Commission Regulation (EC) No 1324/2003
of 24 July 2003
fixing production refunds on cereals and rice
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 7(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(3), as last amended by Commission Regulation (EC) No 411/2002(4), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the arrangements concerning production refunds in the cereals and rice sectors(5), as last amended by Regulation (EC) No 1786/2001(6), and in particular Article 3 thereof,
Whereas:
(1) Regulation (EEC) No 1722/93 establishes the conditions for granting the production refund. The basis for the calculation is established in Article 3 of the said Regulation. The refund thus calculated must be fixed once a month and may be altered if the price of maize and/or wheat changes significantly.
(2) The production refunds to be 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 payable.
(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 referred to in Article 3(2) of Regulation (EEC) No 1722/93, expressed per tonne of starch extracted from maize, wheat, barley, oats, potatoes, rice or broken rice, shall be EUR 16,75/t.
Article 2
This Regulation shall enter into force on 25 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2003. | [
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COMMISSION DECISION
of 17 October 2005
amending Decision 2005/464/EC on the implementation of survey programmes for avian influenza in poultry and wild birds to be carried out in the Member States
(notified under document number C(2005) 3960)
(2005/726/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 Article 20 thereof,
Whereas:
(1)
Decision 90/424/EEC provides for a Community financial contribution for the undertaking of technical and scientific measures necessary for the development of Community veterinary legislation and for veterinary education and training.
(2)
The Scientific Committee on Animal Health and Animal Welfare, in a report of 27 June 2000, recommended that surveys be carried out on poultry flocks and wild birds for avian influenza, in particular to determine the prevalence of infections with avian influenza virus subtypes H5 and H7.
(3)
Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (2), defines Community control measures to be applied in the event of an outbreak of avian influenza in poultry. However, it does not provide for regular surveys of that disease in poultry and wild birds.
(4)
Commission Decision 2005/464/EC of 21 June 2005 on the implementation of survey programmes for avian influenza in poultry and wild birds to be carried out in the Member States (3) provides for the implementation in 2005 of surveys for avian influenza in poultry and wild birds in the Member States, subject to the survey plans being approved by the Commission. Such surveys should investigate the presence of infections in poultry, which could lead to a review of current legislation and contribute to the knowledge of the possible threats for animals and humans from wildlife. That Decision provides that, by 30 June 2005, Member States are to submit to the Commission for approval programmes for the implementation of those surveys in accordance with the guidelines set out in the Annex thereto.
(5)
Member States submitted those programmes by 30 June 2005. However, following the recent evolution of the avian influenza situation in Asia, and in particular as regards surveillance in migratory birds, an expert group meeting convened on 25 August 2005 and 6 September 2005 concluded that, taking into account the existing knowledge on the migratory routes of the species of birds proceeding from central and western Asia it is appropriate to improve surveillance in wild birds and intensify the surveillance programmes already planned for 2005/2006, by increasing sampling on migratory waterfowl along the flyways that could pose a risk for disease introduction.
(6)
In accordance with those conclusions, Member States have modified their programmes and have communicated those amendments to the Commission for approval. In order to allow those amended programmes to be approved and the Community’s financial contribution to be decided in due time, the deadline for the submission of the programmes, the list of tests to be financed and the conditions set out in the Annex to Decision 2005/464/EC should be amended.
(7)
Decision 2005/464/EC should therefore be amended accordingly.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2005/464/EC is amended as follows:
1.
in Article 1, ‘30 June 2005’ is replaced by ‘13 September 2005’;
2.
in Article 3, the following point (e) is added:
‘(e)
:
PCR test
:
EUR 10 per test.’;
3.
part D in the Annex is replaced by part D in the Annex to this Decision.
4.
part F is added to the Annex.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 October 2005. | [
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COMMISSION DECISION of 16 December 1997 approving the multiannual guidance programme for the fishing fleet of Sweden for the period from 1 January 1997 to 31 December 2001 (Only the Swedish text is authentic) (98/131/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products (1) as last amended by Regulation (EC) No 25/97 (2), and in particular Articles 5 and 6 thereof,
Having regard to Council Decision 97/413/EC of 26 June 1997 concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation (3) and in particular Article 9(1) thereof,
Whereas Decision 97/413/EC was adopted pursuant to the provisions of Article 11 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (4), as amended by the Act of Accession of Austria, Finland and Sweden;
Whereas Sweden, hereinafter referred to as 'the Member State`, on 27 June 1997, in accordance with Article 6(1) of Decision 97/413/EC, submitted to the Commission a fishing effort limitation programme for the period from 1 January 1997 to 31 December 2001, and has supplemented this programme by further information at later dates; whereas Article 9(1) of Decision 97/413/EC provides that the Commission shall adopt the multiannual guidance programmes (MAGP) for the fishing fleets of individual Member States no later than 30 November 1997;
Whereas Article 6(2) of Decision 97/413/EC provides that capacity reductions shall be ensured by the establishment in each Member State of a permanent regime to control the renewal of the fleet, which will determine, segment by segment, the ratio of entries/exits of vessels; whereas the programmes submitted by Member States either contain no information on this issue whatsoever or are unsatisfactory; whereas Member States should therefore communicate the necessary information to the Commission at a later stage;
Whereas Article 7(1) of Decision 97/413/EC provides that the starting point for the objectives fixed for the fishing fleets for 31 December 2001 shall be the fleet objectives fixed by the previous programme for 31 December 1996;
Whereas the objectives fixed by the previous programme should be adjusted in cases where this is justified by new information supplied by the Member State concerned;
Whereas, pursuant to Article 7(2) of Decision 97/413/EC, the particular situation of the fleet of each Member State concerned must be taken into account in fixing the objectives applicable to that fleet;
Whereas Decision 97/413/EC, and in particular Article 9(1) thereof, requires the fixing of annual intermediate targets; whereas since a large part of the first year of the period covered by the programmes will have elapsed at the time of the adoption of the present Decision it is not appropriate to set an intermediate objective for 1997;
Whereas, pursuant to Article 9(1) of Decision 97/413/EC, the Commission shall adopt the detailed rules for the implementation of that Decision; whereas it is useful to clarify certain concepts;
Whereas the starting point for calculating the intermediate and final fleet objectives under MAGP IV are the fleet objectives fixed by the previous programmes for 31 December 1996 (MAGP III); whereas the tonnage objectives set by MAGP III were expressed in gross registered tonnes (GRT), but the MAGP IV objectives must be expressed in units of gross tonnes (GT); whereas not all Member States have submitted GT values for all fishing vessels of the fleet concerned notwithstanding their obligation to measure or estimate the GT of all vessels in their fleet, and to transmit this information to the Commission;
Whereas, in those circumstances, the Commission must, using a practical approach, estimate the missing GT values in order to provisionally determine that Member State's MAGP IV intermediate and final objectives on the basis of those estimates;
Whereas however the Commission cannot accept any claims by Member States that fishing effort and/or capacity has been reduced in as far as they relate to vessels for which the Member State concerned has not fulfilled its obligation to transmit at GT value or estimate to the Commission, since the exact amount of that reduction is not verifiable;
Whereas, in the absence of the required GT tonnage values measured or estimated in accordance with the provisions of Council Regulation (EC) No 2930/86 of 22 September 1986 defining the characteristics of fishing vessels (5), as amended by Regulation (EC) No 3259/94 (6) and implemented by Commission Decision 95/84/EC (7), the Commission will be unable to verify the percentage changes in the fleet capacity or fishing effort represented by changes in the capacity or activity of individual vessels, or by vessel entries or exits to and from the fleet; whereas the Commission will therefore have to assess whether the fishing effort reductions applied to vessels for which the required GT values are available have been sufficient to be almost certain that a Member State has reached its MAGP IV objectives;
Whereas, since the starting point for the MAGP IV objectives are the final MAGP III objectives, a Member State cannot be deemed to have reached either intermediate or final MAGP IV objectives until it has fulfilled its obligations under MAGP III, and in particular the obligation to reach at least 55 % of the MAGP III obligations by reductions in capacity,
Whereas the segmentation of the fleet must take into account the segmentation adopted by the previous programme;
Whereas in accordance with Commission Regulation (EC) No 109/94 of 19 January 1994 concerning the Community register of fishing vessels (8), as last amended by Regulation (EC) No 493/96 (9), each Member State must communicate all changes to the situation of the fishing fleet and the evolution of fishing effort by fishery;
Whereas the calculation of the objectives of the programme is based on information supplied by the Member State; whereas it may be necessary to revise the objectives if this information is later found to have been inaccurate;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS DECISION:
Article 1
The multiannual guidance programme for the fishing fleet of Sweden for the period 1 January 1997 to 31 December 2001, as forwarded on 27 June 1997 and subsequently supplemented, is hereby approved, subject to the conditions laid down in this Decision and the Annex thereto.
Article 2
The Member State shall ensure that any reductions in capacity or fishing effort that are required to meet the final objectives of the programme are achieved progressively. To this end intermediate objectives are set such that at least one quarter of the reductions are achieved by 31 December 1998, half of the reductions are achieved by 31 December 1999 and three-quarters of the reductions are achieved by 31 December 2000.
In order to ensure that the final and intermediate objectives of the programme will be met, the Member State shall communicate to the Commission for approval the regime of entries/exits of vessels referred to in Article 6(2) of Decision 97/413/EC.
Article 3
1. The following units shall be used to measure whether the final and intermediate MAGP IV objectives have been met:
(i) the capacity of a vessel is measured both in terms of its tonnage expressed in gross tonnes (GT) and in terms of its power measured in kW according to the provisions of Regulation (EC) No 2930/86;
(ii) the fishing activity of a vessel is measured in days at sea in accordance with Annex VI to Regulation (EC) No 109/94;
(iii) in accordance with Annex VI to Regulation (EC) No 109/94 the fishing effort of a vessel is measured both as tonnage effort, defined as the product of its activity and its tonnage expressed in GT, and as power effort, defined as the product of its activity and its power expressed in kW.
2. Active and passive gears correspond to the lists of towed and static gears respectively in Annex I, Table 2 to Regulation (EC) No 109/94, with the exception of purse seines which are considered to be active gears for the purposes of the present Decision.
3. Fleet segments and, if applicable, fisheries are defined as shown in the Annex and in accordance with point 1 of the additional provisions thereof.
Article 4
1. Until such time as a Member State has fulfilled its obligations pursuant to Regulation (EEC) No 2930/86 to submit a measured or duly estimated GT value of a vessel, for the purposes of MAGP IV, the GT of that vessel shall be estimated by the Commission as being equivalent to the tonnage of that vessel expressed in GRT.
2. Any fishing effort reduction, including capacity reductions, claimed by a Member State shall not be taken into account by the Commission unless the Member State has fulfilled its obligation pursuant to Regulation (EEC) No 2930/86 to furnish the Commission with the GT value or estimate of the vessel concerned.
3. If a Member State has not transmitted all the values or estimates of GT required pursuant to Regulation (EEC) No 2930/86 necessary in order to determine whether that Member State has reached an intermediate or final objective, the Commission will assess whether the information on tonnage that has been supplied to it is nevertheless sufficient to assume that the Member State concerned has reached that objective. If the Commission concludes that this is the case, it shall consider that the conditions for granting modernisation and construction aid laid down in Article 10 of Regulation (EC) No 3699/93 have been fulfilled.
Article 5
As long as a Member State has not fulfilled its global final obligations under MAGP III, and notably the obligation to achieve at least 55 % of the reduction objectives under MAGP III by capacity reductions, it shall be deemed not to have fulfilled its global intermediate and/or final obligations under MAGP IV.
Article 6
In order to monitor and control the implementation of the programme, the Member States shall communicate all changes to the situation of the fishing fleet and the evolution of fishing effort by fishery according to the procedures laid down in Regulation (EC) No 109/94.
The annual communication from the Commission to the Council and to the European Parliament on the progress of the MAGP IV provided for in Article 6 of Regulation (EC) No 3699/93, shall be based on the information contained in the fishing vessel register of the Community and may incorporate additional information contained in the reports communicated by the Member States in accordance with Article 6 of Regulation (EC) No 3699/93.
Article 7
The objectives of the programme are indicated in the Annex. These objectives may be revised by the Commission, pursuant to the procedure laid down in Article 18 of Regulation (EEC) No 3760/92, whenever information gathered in order to calculate the objectives, notably concerning the composition of the catches by segment or by fishery, the starting levels of effort and the GT values or estimates, is found to have been inaccurate.
Article 8
This Decision is addressed to the Kingdom of Sweden.
It shall enter into force from 1 January 1997.
Done at Brussels, 16 December 1997. | [
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COMMISSION REGULATION (EC) No 2230/95 of 21 September 1995 amending Regulation (EC) No 933/94 laying down the active substances of plant protection products and designating the rapporteur Member States for the implementation of Commission Regulation (EEC) No 3600/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), as last amended by Commission Directive 95/36/EC (2),
Having regard to Commission Regulation (EEC) No 3600/92 of 11 December 1992, laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8 (2) of Directive 91/414/EEC concerning the placing of plant protection products on the market (3), as amended by Regulation (EC) No 491/95 (4), and in particular Articles 5 (2) and 6 (5) thereof,
Whereas Commission Regulation (EC) No 933/94 (5), as amended by Regulation (EC) No 491/95, lays down the active substances of plant protection products and designates the rapporteur Member States for the implementation of Regulation (EEC) No 3600/92;
Whereas Regulation (EC) No 491/95 amended Regulations (EEC) No 3600/92 and (EC) No 933/94 to take account of the possible impact of the accession of Austria, Finland and Sweden and to provide for the integration of the designated authorities and the producers (including importers of active substances produced outside the Community) of those three Member States within the first programme of work referred to in Article 8 (2) of Directive 91/414/EEC; whereas it is necessary to set a new time-limit for the submission of dossiers by producers having notified under the provisions of Article 4 (1a) of Regulation (EEC) No 3600/92;
Whereas, pursuant to Article 6 (4) and (5) of Regulation (EEC) No 3600/92 a new time-limit for the submission of dossiers concerning certain active substances should be set, on the basis of the reasons reported to the Commission by the rapporteur Member States where delays have been shown to have been caused by efforts to present collective dossiers or because of the designation of a new rapporteur Member State or owing to force majeure;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 933/94 is amended as follows:
1. In Article 1, the following paragraph 3a is inserted:
'3a. The producers, established in Austria, Finland and Sweden, who have in due time submitted notifications in accordance with Article 4 (1a) of Regulation (EEC) No 3600/92 are listed in Annex IA to this Regulation by a three-letter code against the corresponding active substance. The name and address of each producer is identified for each code in Annex IIA to this Regulation.` 2. Article 2 is replaced by the following:
'Article 2 1. The deadline for the submission to the rapporteur Member State of the dossiers and information referred to in the third indent of Article 5 (4) of Regulation (EEC) No 3600/92 is set at 30 April 1995.
2. The deadline referred to in paragraph 1 is extended to 31 October 1995 for the notifiers listed in Annex I, other than those who have informed the rapporteur Member State and the Commission of their withdrawal from the programme of work in accordance with the first subparagraph of Article 5 (6) of Regulation (EEC) No 3600/92, for the following active substances:
Alachlor Amitraz Bromoxynil Carbendazim Chlorothalonil Chlorpyrifos Chlortoluron Cypermethrin 2,4-D Deltamethrin Desmedipham Endosulfan Ethofumesate Fentin acetate Fentin hydroxide Fenvalerate Glyphosate Ioxynil Isoproturon Lindane Linuron Mancozeb MCPA Mecoprop Mecoprop-P Metalaxyl Methamidophos Metsulfuron Paraquat Parathion-methyl Pendimethalin Permethrin Phenmedipham Propyzamide Simazine Thiophanate-methyl Thiram Zineb Ziram 3. The deadline referred to in paragraph 1 is extended to 30 April 1996 for notifiers established in Austria, Finland and Sweden and listen in Annex IA.` 3. Annexes IA and IIA are inserted, as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 1995. | [
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Commission Decision
of 11 December 2003
concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC
(notified under document number C(2003) 4623)
(Text with EEA relevance)
(2003/881/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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(1), and in particular Article 17(2)(b), the first indent of Article 18(1) and Article 19(b) thereof,
Whereas:
(1) Commission Decision 2000/462/EC of 12 July 2000 concerning the health certification for imports of bees/hives, queens and their attendants from third countries(2) lays down the health certification conditions for such imports from third countries, as required by Directive 92/65/EEC.
(2) The small hive beetle (Aethina tumida) is an exotic pest affecting honey bees that has spread from various African countries to a number of other third countries, thereby creating serious problems for the apiculture industry. An effective and safe treatment against this pest is at present not available. If introduced, the small hive beetle poses a risk to the sustainability of the apiculture industry in the Community, and hence to agriculture and the environment, owing to the resultant disruption of pollination.
(3) The small hive beetle is not yet listed in the list of diseases maintained by the International Office of Epizootic Diseases (OIE). For this reason the extent of infestation in third countries is not known.
(4) The Tropilaelaps mite (Tropilaelaps spp.) is an exotic pest of honey bees which is spreading in various third countries, thereby creating serious problems for the apiculture industry. If introduced, it could also have similar severe consequences for the sustainability of the apiculture industry in the Community.
(5) Pursuant to Regulation (EC) No 1398/2003, the presence of the small hive beetle and the Tropilaelaps mite in the Community is subject to compulsory notification through their listing under Directive 92/65/EEC. At present there have been no reports that either has been found in the Community.
(6) Apart from making the presence of these pests notifiable within the Community, it is therefore necessary to lay down additional requirements for the importation of bees from certain third countries to limit the risk of introducing the small hive beetle and the Tropilaelaps mite into the Community, in the interest of protecting the Community's status as regards apiculture health.
(7) Only queen bees accompanied by a small number of attendants in single queen bee cages can be easily checked for infestation with the small hive beetle and Tropilaelaps mite, and therefore imports of bees should in principle be limited to such consignments.
(8) However, there is no evidence that the Tropilaelaps mite can infest colonies of bumble bees (Bombus spp.). In addition, the small hive beetle has only been shown to infest bumble bee colonies under experimental conditions, and there is no documented evidence that the small hive beetle is able to infest bumble bee colonies in the natural environment. Also, small colonies of bumble bees bred and reared under environmentally controlled conditions may be traded for the horticultural industry in particular, while the importation of queen bumble bees from the wild may also remain necessary for breeding purposes. In view of this, the importation of bumble bees (Bombus spp.) should be authorised also for small consignments bred and reared solely under environmentally controlled conditions within recognised establishments and which can be assured to be free of the small hive beetle.
(9) In the interest of the clarity of Community legislation, and to ensure further harmonisation of Community animal health requirements upon importation, Decision 2000/462/EC should therefore be repealed and replaced by the provisions of this Decision restricting the authorisation of imports to queen bees (Apis mellifera) and queen bumble bees (Bombus spp.) with a small number of attendants, or to small colonies of bumble bees (Bombus spp.) bred under environmentally controlled conditions within recognised establishments.
(10) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(3) lays down standards of certification which are necessary for valid certification and to prevent fraud; it is appropriate to ensure that the rules and principles applied by third country certifying officers provide guarantees which are at least equivalent to those laid down in this Directive and therefore only those countries listed in Part I of the Annex to Council Decision 79/542/EEC(4) should be authorised for importation of bees into the Community.
(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
1. Member States shall authorise the importation of bees (Apis mellifera and Bombus spp.) as foreseen by Directive 92/65/EEC provided the following requirements are complied with:
- they come from third countries or parts thereof listed in part 1 of the Annex to Decision 79/542/EEC and,
- they are accompanied by a health certificate in accordance with the specimen set out in Annex I and comply with the guarantees laid down in this specimen,
- the consignments are limited to a maximum of 20 accompanying attendants to one queen bee in one single queen bee cage.
2. At the designated destination, where the hives shall be put under official control, the queens shall be transferred to new cages before being introduced to local colonies.
3. The cages, attendants, and other material that accompanied the queens from the third country of origin shall be sent to a laboratory for examination for the presence of the small hive beetle, their eggs or larvae and signs of the Tropilaelaps mite. After laboratory examination, all material shall be destroyed.
Article 2
By derogation from Article 1(1), second and third indents, Member States shall also authorise the imports of consignments of bumble bees (Bombus spp.) limited to a single colony containing a maximum of 200 adult bumble bees per container, which are accompanied by a health certificate in accordance with the specimen set out in Annex II and complying with the guarantees laid down in this specimen. In this case, and by derogation from Article 1(2) and (3), it shall be sufficient that the container and all material that accompanied the bumble bees from the third country of origin be destroyed either during or immediately at the end of the lifespan of the colony.
Article 3
Decision 2000/462/EC is repealed.
Article 4
This Decision shall apply from 27 December 2003.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 11 December 2003. | [
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COMMISSION REGULATION (EC) No 1238/2004
of 5 July 2004
derogating from Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied as regards the time limit for delivery into intervention for the 2003/04 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (1), and in particular Article 8(b) thereof,
Whereas:
(1)
The conditions governing the taking over of paddy rice by the intervention agencies are laid down in Commission Regulation (EC) No 708/98 (2). Article 6(1) of that Regulation stipulates that delivery must take place by the end of the second month following receipt of the offer and in any case not later than 31 August of the current marketing year.
(2)
As a result of constraints associated with the organisation of the market, following the introduction of the reform of the CAP, resulting from the limiting of the quantities of rice that can be bought into intervention and the fixing of allocation coefficients, it is difficult for the intervention agencies to meet the time limit for the delivery of the products. Consequently, there should be a derogation, for the current 2003/04 marketing year, from the time limit requiring delivery by the end of the second month following.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Notwithstanding Article 6(1) of Regulation (EC) No 708/98, all deliveries of paddy rice for taking over by the intervention agency in respect of the 2003/04 marketing year must take place no later than 31 August 2004.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2004. | [
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COMMISSION REGULATION (EC) No 56/2009
of 21 January 2009
concerning the classification of certain goods in the Combined Nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2)
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based thereon or which adds any additional subdivision thereto and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.
(3)
Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3 of that table.
(4)
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation may, for a period of three months, continue to be relied on by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column 2 of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, may continue to be relied on for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 2009. | [
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Commission Regulation (EC) No 1058/2003
of 19 June 2003
amending the export refunds on poultrymeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat(1), as last amended by Commission Regulation (EC) No 493/2002(2), and in particular Article 8(3) thereof,
Whereas:
(1) The export refunds on poultrymeat were fixed by Commission Regulation (EC) No 928/2003(3), as amended by Regulation (EC) No 983/2003(4).
(2) It follows from applying the criteria referred to in Article 8 of Regulation (EEC) No 2777/75 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1) of Regulation (EEC) No 2777/75, exported in the natural state, as fixed in the Annex to the amended Regulation (EC) No 928/2003 are hereby altered as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 23 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2003. | [
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*****
COMMISSION REGULATION (EEC) No 2936/86
of 24 September 1986
amending Regulation (EEC) No 2677/85 laying down implementing rules in respect of the system of consumption aid for olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1454/86 (2), and in aparticular Article 11 (8) thereof,
Whereas Article 17 of Commission Regulation (EEC) No 2677/85 (3), as last amended by Regulation (EEC) No 3818/85 (4) provides that the release into free circulation in the Community of olive oil falling within subheading 15.07 A of the Common Customs Tariff is to be subject to production of proof of the lodging of a security to prevent oils originating in third countries from receiving consumption aid; whereas Article 18 of the said Regulation lays down, as one of the conditions for the release of the said security; that the oil should be exported either in bulk or in immediate containers with a net content of more than five litres;
Whereas, under Article 20 of Regulation No 136/66/EEC, a refund may be granted on olive oils exported to third countries; whereas the amount of the refund may be varied to take account of whether consumption aid has been granted;
Whereas, under Article 6 of Regulation (EEC) No 2677/85, consumption aid cannot be granted in respect of olive oil in bulk or put up in immediate containers of a net content exceeding five litres; whereas, therefore, to prevent unjustified enrichment, provision should be made so that, where olive oil is exported in the abovementioned containers, the certificate for the release of the security concerned, the amount of which is equal to that of the consumption aid, cannot be issued if the transaction in question qualifies for the refund;
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 following sentence is added to the end of the first subparagraph of Article 18 (4) of Regulation (EEC) No 2677/85:
'However, in the case referred to in paragraph 1 (b), this certificate shall not be issued if the export in question qualifies for an export refund'.
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, 24 September 1986. | [
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COMMISSION DECISION of 11 November 1994 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.410 - Olivetti-Digital) (Only the English and Italian texts are authentic) (Text with EEA relevance) (94/771/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 6 and 8 thereof,
Having regard to the application for negative clearance or exemption, submitted on 30 July 1992 by Digital Equipment Corporation and Ing. C. Olivetti & C., SpA concerning a series of agreements relating to a cooperation in the computer systems market,
Having regard to the summary of the notification published (2) in accordance with Article 19 (3) of Regulation No 17,
Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS A. Introduction (1) On 30 July 1992, Digital Equipment Corporation (hereinafter 'Digital') and Ing. C. Olivetti & C., SpA (hereinafter 'Olivetti') notified to the Commission a cooperation agreement in the field of computer systems, for the purpose of obtaining negative clearance or alternatively an exemption pursuant to Article 85 (3). Digital was to make available to Olivetti its Alpha AXP technology based on its new RISC (reduced instruction set computer) microprocessor and Olivetti would commit itself to the Alpha AXP technology for all its computer platform offerings and related software except the line of products based on Intel-type microprocessors. Furthermore, Olivetti would purchase computer system products from Digital including but not limited to Alpha AXP products. Digital, for its part, would continue to purchase from Olivetti personal computers (PCs) for its European operations on the basis of a pre-existing Purchase Agreement, which has not been notified to the Commission.
(2) This technological cooperation was accompanied by the acquisition by Digital of approximately 8 % of Olivetti's share capital (the 'Share Purchase Agreement') and by the proportional representation of Digital on Olivetti's board of directors (the 'Shareholders' Agreement'). The two latter agreements were concluded between Digital and Olivetti's parent company, CIR. On 24 August 1994, Digital announced that it had sold on the open market all shares it owned in the common stock of Olivetti. Therefore, the 'Share Purchase Agreement' and the 'Shareholders' Agreement' have come to an end. According to Digital, its sale of Olivetti shares will not have repercussions on the notified technological cooperation between the parties. In the present decision, the Commission will assess the notified arrangements in their entirety. Obviously, however, the assessment of the 'Share Purchase Agreement' and the 'Shareholders' Agreement' refers only to the period for which those agreements were in force.
B. The parties (3) Olivetti of Ivrea, Italy, is a worldwide group in the information technology field with a global offering and with focus on personal information devices, notebook computers, laptop computers, personal computers, Intel-based computing platforms, entry-level RISC computers and special and general-purpose impact and non-impact printers. According to published data, in 1992, Olivetti was the second-largest European supplier of computer system products with a revenue of US$ 5 762 million, almost 1 400 million of which arose from PCs.
(4) Digital of Maynard, Massachusetts, United States of America, is a worldwide group which is principally active in the field of design, manufacture, sale and servicing of networked computer systems, associated peripheral equipment and related network, communications and software products.
(5) CIR of Leiní (Turin), Italy, is an Italian industrial holding company controlled by Cofide-Compagnia Finanziaria de Benedetti SpA and owning 44,3 % of Olivetti as on 31 December 1991.
C. The products and the market (6) The products the subject of the agreements in this case are Digital's Alpha AXP computer system components, including microprocessors, boards and systems, software and peripherals, and related information and know-how. Alpha AXP is a new generation of RISC architecture which has been designed, and will be used by the Parties, for manufacturing a full range of computer systems from palmtops to mainframes. Alpha AXP architecture is planned to be a prominent standard and a platform for the major current and future computer operating systems, particularly the Microsoft New Technology (MsNT) and the Unix OSF/I. To that end, Digital is, inter alia, actively pursuing a policy of licensing its technology to both chip and computer manufacturers. In particular, Digital has granted a manufacturing licence for Alpha AXP microprocessors to Mitsubishi Electric Corporation, Japan.
(7) Traditionally, microprocessors were manufactured following a complex instruction set computer (CISC) technology providing a large instruction set containing commands that perform many complex functions. Since the early 1980s, a new kind of microprocessor technology based on RISC microprocessors has been developed. The philosophy of RISC technologies is to provide a limited instruction set containing commands that perform only simple operations but much faster than in the CISC technology. This facilitates the addition to the computer system of certain performance-enhancing feature, and may also result in reduced manufacturing cost due to the microprocessors' reduced volumes, compared with CISC architecture, for any given level of performance. The optimization of performance requires, however, that as well as the RISC microprocessor being installed in the computer system, specific system software (operating system and compiler) be created to make the best use of the potential capabilities of the particular microprocessor concerned.
The product markets (8) In the light of the foregoing, the Commission considers that the relevant product markets in this case are both the market for RISC technology including microprocessors, other hardware, software and know-how (the products directly involved in the notified operation) and the markets for the various computer system end-products that incorporate RISC technology (the products indirectly involved in the operation).
(9) As far as RISC-technology based computer systems are concerned, it is worth noting that, to date, RISC has been used practically only in workstations, where its speed is highly beneficial. In desktop computers, RISC is still at a disadvantage compared to CISC because most of the applications currently on the market work with CISC. However, RISC is expected to penetrate significantly the desktop market shortly, due to the insurgence of more and more RISC microprocessors and to the introduction of 'Windows NT', the new operating system of Microsoft Corporation which allows RISC architectures to run highly successful applications usable to date only by CISC-based microcomputers.
(10) The market for RISC technology appears to be highly dynamic. Most chip producers are developing RISC microprocessors: examples are MIPS, recently merged into Silicon Graphics Inc. (RX 00), Sun Microsystems (Sparc) and Motorola (MC 88000). Furthermore, some major computer producers have entered into alliances for the development of RISC technologies: IBM, Apple and Motorola for the development of Power PC architecture; Hewlett-Packard, Hitachi, Samsung and Winbond for the development of Hewlett-Packard Precision Architecture.
According to the International Data Corporation of London, Sun has been by far the most successful supplier of RISC-based computers (namely workstations) with a share of over 50 % of the market segment in the Community in 1991, followed by MIPS and IBM. According to Personal-Computer-Markets of 3 November 1993, worldwide sales of RISC-based workstations grew by 44,6 % to reach US $ 17,5 billion in 1992 from US $ 12,1 billion in 1991. Hewlett-Packard maintained its lead in this market, but its share fell by 3,9 percentage points to 30,8 %, followed by Sun und MIPS with 25,1 % and 20,0 % respectively.
The geographic market (11) From an economic point of view, given the considerable volumes of worldwide trade, the small importance of transport costs and the absence of any significant trade barriers, the relevant geographic market for this case may be considered to be the world as a whole.
D. The notified Agreements 'Strategic Alliance Agreement' (12) This agreement contains the following provisions:
(a) Commitment of Olivetti to Digital's Alpha AXP technology
Digital will provide Olivetti with hardware parts based on Alpha AXP technology as well as software specifically designed to be executed on Alpha AXP processors, and will disclose to Olivetti the future evolution of Alpha AXP architecture and related technology.
To the extent technically feasible, Olivetti will utilize the Alpha AXP technology for all of its computer platform offerings and related software, except the line of products based upon Intel-type microprocessors. Olivetti will shift all of its offerings other than Intel computers to Alpha AXP architecture, and will adopt Digital's OSF and Microsoft's NT as primary operating systems for its Alpha AXP products.
According to Article 2 (6) of the Agreement, Olivetti and Digital base their strategic cooperation on the assumption that, for each product segment and during each six-month period, Digital's Alpha AXP products will be at the least in the same range of price and performance as the RISC technologies provided by other leading RISC vendors.
(b) Purchasing commitments
Olivetti commits itself to making purchases of Alpha AXP products from Digital according to two alternative formulations (whichever formulation results in the greater purchases being applied). They are:
(i) as a proportion of Olivetti's requirements, Olivetti will, from 1 April 1993 onward and throughout the term of the Agreement, make at least 50 % of its purchases of non-Intel platforms for resale from Digital (that is, the Volume of this commitment is uninfluenced by the volumes of Olivetti's purchases of Intel-type platforms, of purchases of other platforms for its own use, or of its own manufacture of any products); and
(ii) in terms of value, purchases of Alpha AXP products from Digital must amount to at least:
- US $ 80 million by 30 June 1994,
- a further US $ 80 million by 31 October 1995, and
- a yet further US $ 80 million by 31 July 1996.
In addition, Olivetti commits itself to purchase a further US$ 70 million in unspecified non-Alpha AXP products by 30 June 1994.
In none of the above commitments are products, quantities or prices specified.
(c) Cooperation and product technology planning
The Parties will jointly evaluate the possibility of entering into further cooperations to make their architectures more compatible and to develop and promote operating systems and software.
The Parties intend to conduct joint Intel-product planning reviews aimed at exploring the feasibility of a cooperative purchasing arrangement for Intel-based PCs and subassemblies on a worldwide basis.
The Parties will discuss a possible acquisition and promotion of ISV (independent software vendors) applications, to run on Alpha AXP.
(d) Services
The Parties will explore areas to optimize their service organizations. In particular, it is agreed that Digital will provide its service expertise to Olivetti, to enable Olivetti to install and maintain the Alpha AXP products, and Olivetti will continue to assist Digital with regard to the PCs purchased by Digital.
(e) Committees
The Parties have formed the following four committees aimed at facilitating the implementation of the Agreement: an Alliance Committee for the general issues of the cooperation which will coordinate the activities of the other three committees, a product committee for personal computers, a product committee for Alpha AXP products and a service committee for the service area.
(13) The 'Strategic Alliance Agreement' will last for five years and be automatically renewed for a further five years unless either party notifies the other to the contrary.
'Share Purchase Agreement and Shareholders' Agreement'
(14) Under the 'Share Purchase Agreement', Digital acquired approximately 8 % of the share capital of Olivetti. The purchase and sale of the shares took place in two equal lots. The acquisition of the second lot was planned for mid-1994 but was accelerated and took place in mid-1993. In August 1994 Digital sold all shares it owned of the common stock of Olivetti.
(15) Under the 'Shareholders' Agreement', for so long as Digital owned at least 25 million shares of Olivetti's common stock, Digital had a proportionate representation on Olivetti's board of directors (at least one member).
(16) Digital was free to exercise the voting rights pertaining to its Olivetti shares. It could not, however, purchase any interest in Olivetti which would have resulted in a holding of more than 10 %. Digital could not deposit its shares in any voting trust or enter into any other arrangements with third parties with respect to the holding of its Olivetti shares or the exercise of its voting rights. CIR had a right of first refusal in the event that Digital elected to dispose of Olivetti shares. CIR did not exercise this right.
(17) The 'Shareholders' Agreement' had a maximum duration of five years.
E. Observations from interested third parties (18) The Commission has received no observations from interested third parties following the publication of the notice pursuant to Article 19 (3) of Regulation No 17.
II. LEGAL ASSESSMENT A. Article 85 (1) (19) Article 85 (1) prohibits, inter alia, all agreements between undertakings which may affect trade between Member States and which have as their object or effect the restriction of competition. The Commission considers that the notified agreements between Digital and Olivetti, which are 'undertakings' within the meaning of Article 85 (1), together form one arrangement for cooperation in the relevant field, which arrangement falls partly inside and partly outside the scope of
Article 85
(1). In particular:
'The Strategic Alliance Agreement' (20) The commitment of Olivetti to the Alpha AXP technology
The five-year commitment of Olivetti to shift all of its offerings other than Intel computers to Alpha AXP architecure and to adopt Digital's OSF and Microsoft's NT as primary operating system software does in principle restrict the freedom of Olivetti in choosing its technology. However, the Commission considers that, given the specific circumstances listed below, the effects of this Agreement are not to be considered restrictive of competition.
(a) Olivetti does not currently possess any comparable RISC technology, nor sufficient financial resources to develop one. However, the sale of RISC-based Central Processing Units (CPUs) is expected to increase substantially in the coming years. Olivetti therfore needs a full-line offering of RISC computers to maintain its position as a leading European supplier. Given this situation, the choice of Olivetti to use exclusively Digital's Alpha AXP technology as RISC architecture will nor have any restrictive impact on Olivetti's actual or potential development of an alternative RISC technology.
(b) Given the amount of investment in R & D, training of employees, manufacturing processes etc. required for the development of a full-line offering of RISC computers, it is very likely that Olivetti, even without a contractual obligation, would initially choose only one RISC technology. In fact, Olivetti would never have sufficient economic resources to offer a second line of RISC products. For the same reason, Olivetti, once the choice has been made, would not shift quickly to another RISC technology (that would mean changing its offerings). The five-year commitment is consistent with the time needed to develop new products and with the amount of investment involved. After five years Olivetti will be free to renew its commitment, to negotiate a shorter term or to move to another technology.
Thus, it can be concluded that the commitment does not restrict Olivetti's competitive freedom beyond what is inherent in any choice of a specific RISC platform. This is further demonstrated by the inclusion in the Agreement of a clause (Article 2.6) according to which Alpha AXP products will be, at the least, in the same range of price/perfomance as other RISC platforms. This clause protects Olivetti against Digital's abusively exploiting Olivetti's position by applying discriminatory or execessive prices.
On the basis of the above considerations, the Commission takes the view that Olivetti's five-year commitment to the Alpha AXP technology falls outside Article 85 (1).
(21) The purchasing commitments of Alpha AXP technology-based products
Olivetti undertakes to purchase from Digital US$ 80 million of Alpha AXP products by 30 June 1994 and a further US$ 80 million of Alpha AXP products per year for two more years. These purchases, for which the conditions in terms of price and volumes have not been agreed between Digital and Olivetti in advance, clearly restrict Olivetti's freedom to choose its supplier and affects competition between Digital and its future licensees of Alpha AXP technology who, for four years, would be deprived of an important potential customer in Olivetti. The same reasoning applies to the obligation on Olivetti to purchase from Digital, in the form of Alpha AXP products, 50 % of Olivetti's computer system platforms which are not Intel platforms and which are purchased from third parties for resale (see paragraph 12 (b)).
A distinction must be drawn between a commitment by a computer manufacturer to use for a relevant part of its products components produced according to a given technology which is the property of another manufacturer of computer system products, and a commitment to purchase those components in substantial amounts from that manufacturer.
Digital's announced strategy of selling and licensing its RISC technology to several computer manufacturers would allow Olivetti to choose another supplier for the Alpha AXP products. However, the duration of the first purchasing commitment described above (four years) and the fact that Olivetti's commitment to buy from Digital 50 % of its non-Intel platforms acquired for resale, originally in force from 1 April 1993 to 25 June 1997 (the termination date of the contract) is tacitly renewable for a further five years aggravate the foreclosure effect of this covenant. It is therefore likely that until 25 June 2002 half at least of Olivetti's requirements for RISC platforms will be satisfied by Digital.
The arrangement affects trade between Member States in that the end-products indirectly involved in this case (see paragraph 8) are traded in large volumes across the whole territory of the Community. Moreover, there may, during the term of the arrangement, be Alpha AXP licensees situated in the Community whose potential for supplying Alpha AXP components (namely the products directly involved in this case), to Olivetti would be restricted by the arrangement.
Accordingly, the Commission considers that Olivetti's purchasing commitment in respect of Alpha AXP products falls within Article 85 (1).
(22) The residual purchasing commitment
Olivetti has agreed to purchase from Digital non-Alpha AXP products to an amount of at least US $ 70 million by 30 June 1994. In this context it has to be noted that:
- this obligation remains valid in any case, without considering the quality, quantity or the prices of Alpha AXP products delivered by Digital, factors which allow Olivetti to cease complying with its purchasing obligations of Alpha AXP products ('Strategic Alliance Agreement'), clause 6.1.7),
- this clause enters into force even if Alpha AXP technology is not yet available. Olivetti's US $ 80 million purchases of Alpha AXP products will be credited to the aggregate 150 million purchase obligation, even if these purchases are made after 30 June 1994,
and
- the non-Alpha AXP Digital products concerned are not specified. Olivetti may choose.
In the Commission's opinion, the above considerations show that this purchasing commitment is not related to the supply of Alpha AXP products and that Digital is not using it to reinforce its position or weaken Olivetti's position in a particular market segment.
Therefore, Olivetti's commitment to purchase from Digital US $ 70 million of non-Alpha AXP products before the end of June 1994 must be considered a separate supply contract. The limited duration (two years) and the amounts involved in comparison with Olivetti's annual expenditure on third parties' products and components (3) lead to the conclusion that this Agreement does not have as its object or effect an appreciable restriction of competition and therefore is not caught by the prohibition laid down in Article 85 (1).
(23) Cooperation fields (except services)
The Parties have agreed to examine the possibility of further cooperation, in several fields. The relevant clauses of the Agreement are very general and only represent the desire of the Parties to explore the possibilities of entering into further specific agreements which are not covered by the notification. This decision should not, therefore, prejudice the view which the Commission may take of such future agreements, if any.
(24) Services
The cooperation that the Parties have agreed in the field of service is ancillary to the reciprocal purchasing commitments in so far as it is capital for each party to be able to organize an efficient after-sales service for the products it purchasess from the other party. Furthermore, this cooperation is not likely to result in a limitation of competition in the specific market of services because it is limited to the transfer of the know-how necessary to carry out maintenance on Alpha AXP products (for Olivetti) and on Olivetti's PCs (for Digital). A service committee will provide the necessary vehicle for this cooperation. Replying to a request for information from the Commission, the Parties have stated that the other joint activities initially envisaged (servicing of third-party medium-sized computers, sharing of repair facilities), have been dropped.
Article 85
(1) is, therefore, not applicable to the cooperation arrangements entered into by the Parties in the field of services.
(25) The committees
In answer to a request for information from the Commission, the Parties have stated that all the committees agreed upon (see paragraph 12(e)) are completely independent of Olivetti's board of directors and that, within them, all decisions are negotiated and made by consensus.
In those circumstances, the Commission is of the opinion that the setting-up and operation of the committees fall outside the scope of Article 85 (1). In fact, the committees seem to be neither structures likely to be used for commercial cooperation between the Parties, nor vehicles for the coordination of competitive behaviour. They are all necessary for the successful implementation of the cooperation and are basically intended to assist Olivetti to use the Alpha AXP technology and products and to accomplish the technical cooperation.
'The Share Purchase Agreement and the Shareholders' Agreement' (26) Digital acquired approximately 8 % of Olivetti's shares and, as long as it owned at least 25 million shares of Olivetti's common stock, it was represented on Olivetti's board of directors.
In this context, the Commission notes that for as long as these agreements were in force:
(a) Digital was not allowed to purchase any interest in Olivetti which would have resulted in a holding of more than 10 %. Digital was prohibited from entering into voting arrangements with third parties in respect of its Olivetti shares. There were no veto rights that could have given Digital, immediately or at a later stage, a controlling power over Olivetti. In fact, Olivetti continued to be under the sole control of CIR which still held 31,07 %. CIR's right of first refusal with respect to any proposed sale by Digital of its Olivetti shares shows CIR's intention of keeping as much control as possible of the company.
The Commission concludes that Digital's minority share acquisition of Olivetti would not have led to a change in the control of Olivetti.
(b) The Parties claim and show evidence that the board of directors of Olivetti has delegated all of its operative functions to Olivetti's Chairman and General Manager.
The board meets only four times per year, to review financial matters (approval of the balance sheet, of emoluments and of the half-yearly financial statement to be provided to the Italian securities authority) or to discuss general issues. With the exception of the Chairman, the Vice-Chairman and the Managing Director of Olivetti, none of the board members has an operational function at Olivetti.
According to the Parties, Olivetti's board is not involved in decisions on the development of new products or their pricing. In support of this allegation, the Parties have stated that the board was informed of the present agreements with Digital only after they had been concluded. There are no operating issues that have to be approved by the whole board of Olivetti.
As a consequence, the Commission is of the opinion that, in so far as the functions of Olivetti's board of directors were confined to those described above, it is unlikely that Digital's representation on Olivetti's board of directors would have led to a coordination of competitive behaviour or to an exchange of competitive information.
(27) In conclusion, the Commission takes the view that, as long as the functions and tasks of Olivetti's board of directors were limited to those described by the Parties, the arrangements embodied in the 'Share Purchase Agreement' and the 'Shareholders' Agreement' did not have as their object or effect the prevention, restriction or distortion of competition in the meaning of Article 85 (1).
B. Article 85 (3) (28) The overall impact of the notified arrangement on the structure of competition in the Community is positive. Its essential result will be the appearance of Olivetti as an additional competitor on the market for RISC computers, an appearance which would be impossible without some arrangement for acquiring that type of technology (see paragraph 20). This benefit is not countered by any opportunity to coordinate the competitive behaviour of the Parties on the market (see paragraphs 23, 24, 25 and 27). Not only is there no provision for Digital to influence, or to acquire confidential knowledge of, Olivetti's commercial decisions: there is also no limitation of Digital's right to exploit the licensed technology in the Community, whether directly, through its own substantial business there, or by licensing it to other manufacturers (see paragraph 6).
(29) Within the context of that overall positive impact on competition, the Commission is nevertheless of the opinion that the purchasing commitment of Alpha AXP-technology-based products contained in the 'Strategic Alliance Agreement' is caught by
Article 85
(1). However, this provision fulfils the four conditions allowing the Commission to grant an individual exemption pursuant to Article 85 (3).
Improvement of production of goods or of promotion of technical or economic progress (30) The purchasing commitment under examination will encourage Digital to commit itself to large-scale production and contribute to a more rapid dissemination of Digital's advanced Alpha AXP technology. This increased availability on the market of computer systems built on Alpha AXP technology will favour the spread of software programs especially designed to work with RISC CPUs, thus promoting technical progress.
The benefits for consumers (31) European consumers of computer system products will receive a fair share of the benefits resulting from the commitment under examination inasmuch as innovative products of high quality will, thanks to that commitment, be available in a greater quantity and at a lower price on the European market. As with all microprocessors, production costs of Alpha AXP are higly dependent on volumes. Thanks to the purchasing commitment, Digital will be able to produce more Alpha AXP products at a lower cost. Given that competition on the market for RISC-based products is expected to grow considerably in the near future as a consequence of the entry into this market of new products stemming from alliances which are taking place in this market (see paragraph 10), the Parties will no doubt pass on in a reasonable measure to consumers the benefits of this commitment, through competitive prices.
Indispensability of the restrictions (32) The larger-scale production by Digital of the new products, and their enhanced and rapid penetration of the market, which are the main conditions for the attainment of those benefits for consumers, can only be ensured by an adequate purchasing commitment to support Digital's cash-flow over the critical period of start-up of production of this new generation of products. Therefore, it may be concluded that the Alpha AXP-related purchasing arrangement does not restrict competition more than is indispensable to the attainment of the advantages mentioned above.
No substantial elimination of competition (33) First, although the commitment reduces the scope for Alpha AXP licensees to supply the relevant products to Olivetti, this does not amount to a substantial elimination of competition on the market for those products: Olivetti is only one among many manufacturers that might be willing to acquire Alpha AXP products to satisfy their need to offer RISC-based computers.
Secondly, the commitment will not lead to an elimination of competition in the segment for RISC-based computers. There are several other RISC computers available on the market, based on different technologies developed by different undertakings or groups of undertakings (see paragraphs 7 to 10). On the contrary, in view of the current leading position on the European market of computer system products based on the Sparc and Hewlett-Packard Precision Architecture technologies, the commitment will stimulate competition through the dissemination of a new generation of products based on a new technology in this area which will compete in terms of price and quality with those already on the market.
Furthermore, considering the open nature of the Alpha AXP architecture and its conformity to accepted industrial standards, its dissemination will contribute to the development of information technology production across Europe (namely software products), with a consequent increase in competition in all information technology market segments.
C. Duration of the exemption (34) Pursuant to Article 8 of Regulation No 17, a decision in application of Article 85 (3) of the Treaty needs to be issued for a specified period. Pursuant to Article 6 of that Regulation, the date from which such a decision takes effect cannot be earlier than the date of notification. In accordance with those Articles, in the present case, the decision, in so far as it grants exemption, should take effect from the date of notification to the end of the contemplated period of the purchasing obligation, that is from 30 July 1992 to 25 June 2002.
HAS ADOPTED THIS DECISION:
Article 1
On the basis of the information at its disposal, the Commission has no grounds for action pursuant to Article 85 (1) of the EC Treaty in respect of the following notified agreements entered into by Olivetti and Digital:
- the 'Share Purchase Agreement' signed on 25 June 1992,
- the 'Shareholders' Agreement' signed on 26 August 1992, and
- the 'Strategic Alliance Agreement', signed on 25 June 1992, with the exception of the purchasing commitment concerning products based on Alpha AXP technology.
Article 2
In accordance with Article 85 (3) of the EC Treaty, the provisions of Article 85 (1) are hereby declared inapplicable for the period from 30 July 1992 to 25 June 2002 to the purchasing commitment concerning products based on Alpha AXP technology contained in the 'Strategic Alliance Agreement' entered into by Olivetti and Digital on 25 June 1992.
Article 3
This Decision is addressed to:
1. Ing. C. Olivetti & C., SpA,
Via Jervis, 77,
I-10015 Ivrea (To);
2. Digital Equipment Corporation,
146, Main Street,
Maynard, Massachusetts 01754,
United States of America;
3. CIR,
Strada Volpiano, 53,
I-10040 Leiní (To).
Done at Brussels, 11 November 1994. | [
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*****
COMMISSION REGULATION (EEC) No 3397/82
of 17 December 1982
altering the procedure for the submission of applications for aid from the Guidance Section of the EAGGF for projects or special programmes
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulations:
- (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed (1), as last amended by Regulation (EEC) No 3509/80 (2), and in particular Article 13 (5) thereof,
- (EEC) No 1362/78 of 19 June 1978 on the programme for the acceleration and guidance of collective irrigation works in the Mezzogiorno (3), and in particular Article 8 (4) thereof,
- (EEC) No 1760/78 of 25 July 1978 on a common measure to improve public amenities in certain rural areas (4), and in particular Article 8 (4) thereof,
- (EEC) No 269/79 of 6 February 1979 establishing a common measure for forestry in certain Mediterranean zones of the Community (5), and in particular Article 8 (4) thereof,
- (EEC) No 458/80 of 18 February 1980 on collective projects for the restructuring of vineyards (6), as last amended by Regulation (EEC) No 2991/81 (7), and in particular Article 6 (4) thereof,
- (EEC) No 1938/81 of 30 June 1981 on a common measure to improve public amenities in certain less-favoured agricultural areas of the Federal Republic of Germany (8), and in particular Article 8 (4) thereof,
Whereas the procedure laid down by the Commission for the submission of applications for aid from the EAGGF Guidance Section:
- in Regulation (EEC) No 219/78 (9) in respect of projects to improve the conditions under which agricultural products are processed and marketed,
- in Regulation (EEC) No 692/80 (10) in respect of special collective irrigation programmes in the Mezzogiorno,
- in Regulation (EEC) No 2467/79 (11) in respect of projects to improve infrastructure in certain rural areas,
- in Regulation (EEC) No 2468/79 (12) in respect of special forestry programmes in certain Mediterranean zones of the Community,
- in Regulation (EEC) No 1679/81 (13) in respect of collective projects for the restructuring of vineyards,
- in Regulation (EEC) No 289/82 (14) in respect of projects to improve infrastructure in certain less-favoured agricultural areas of the Federal Republic of Germany,
provides for applications to be submitted in triplicate and in the form indicated in Annexes A and B to the said Regulations;
Whereas, as a result of the reorganization of the departments responsible, two complete copies and a third copy of Annex A are henceforth sufficient to enable the cases to be examined; whereas the procedure should be altered accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Agricultural Structure;
Whereas the EAGGF Committee has been consulted on the financial aspects of these measures,
HAS ADOPTED THIS REGULATION:
Article 1
In Regulations (EEC) No 219/78, (EEC) No 2467/79, (EEC) No 2468/79, (EEC) No 692/80, (EEC) No 1679/81 and (EEC) No 289/82 Article 2 (2) is hereby replaced by the following:
'2. Applications shall be submitted in the form indicated in the Annexes. Two full copies must be submitted, together with an extra copy of Annex A.'
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, 17 December 1982. | [
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DIRECTIVE 2008/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2008
amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts, as regards the implementing powers conferred on the Commission
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 44(2)(g) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Directive 2006/43/EC of the European Parliament and of the Council (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).
(2)
Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument with new non-essential elements.
(3)
In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.
(4)
The Commission should be empowered to adopt measures necessary for the implementation of Directive 2006/43/EC, in particular to ensure confidence in the audit function and the uniform application of requirements regarding professional ethics, quality-assurance systems, independence and objectivity, to adapt the list of subjects to be included in the test of theoretical knowledge for auditors, to adopt international auditing standards and common standards for audit reports for annual or consolidated accounts, and to define exceptional cases of direct transfer of documents to third countries. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/43/EC, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(5)
Directive 2006/43/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament's wish to scrutinise the implementation of instruments adopted under the codecision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would ensure that the proposals aimed at repealing the provisions in the instruments that prescribe a time limit for the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2006/43/EC should be deleted.
(6)
The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.
(7)
Directive 2006/43/EC should therefore be amended accordingly.
(8)
Since the amendments made to Directive 2006/43/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Amendments
Directive 2006/43/EC is hereby amended as follows:
1.
Article 8(3) shall be amended as follows:
(a)
the words ‘, in accordance with the procedure referred to in Article 48(2),’ shall be deleted;
(b)
the following sentence shall be added:
‘Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
2.
Article 21(2) shall be amended as follows:
(a)
the words ‘, in accordance with the procedure referred to in Article 48(2),’ shall be deleted;
(b)
the following sentence shall be added:
‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
3.
Article 22(4) shall be amended as follows:
(a)
the words ‘, in accordance with the procedure referred to in Article 48(2),’ shall be deleted;
(b)
the following subparagraph shall be added:
‘The measures referred to in the first subparagraph, designed to amend non essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
4.
Article 26 shall be amended as follows:
(a)
in paragraph 1 the words ‘in accordance with the procedure referred to in Article 48(2)’ shall be replaced by the words ‘in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a)’;
(b)
paragraph 2 shall be amended as follows:
(i)
the words ‘, in accordance with the procedure referred to in Article 48(2),’ shall be deleted;
(ii)
the following subparagraph shall be added:
‘The measures referred to in the first subparagraph, designed to amend non essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
5.
Article 28(2) shall be amended as follows:
(a)
the words ‘, in accordance with the procedure referred to in Article 48(2) of this Directive,’ shall be deleted;
(b)
the following sentence shall be added:
‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
6.
Article 29(2) shall be amended as follows:
(a)
the words ‘, in accordance with the procedure referred to in Article 48(2),’ shall be deleted;
(b)
the following sentence shall be added:
‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
7.
Article 36(7) shall be amended as follows:
(a)
the words ‘In accordance with the procedure referred to in Article 48(2)’ shall be deleted;
(b)
the following sentence shall be added:
‘Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
8.
Article 45(6) shall be replaced by the following:
‘6. In order to ensure uniform application of paragraph 5(d), the equivalence referred to therein shall be assessed by the Commission in cooperation with Member States and shall be decided upon by the Commission in accordance with the regulatory procedure referred to in Article 48(2). Member States may assess the equivalence referred to in paragraph 5(d) of this Article as long as the Commission has not taken such a decision.
In this context, the Commission may adopt measures aimed at establishing general equivalence criteria in accordance with the requirements laid down in Articles 22, 24, 25 and 26 which are applicable to all third countries and which shall be used by Member States when assessing equivalence at national level. The criteria may not exceed the requirements laid down in Articles 22, 24, 25 and 26. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
9.
Article 46(2) shall be replaced by the following:
‘2. In order to ensure uniform application of paragraph 1, the equivalence referred to therein shall be assessed by the Commission in cooperation with Member States and shall be decided upon by the Commission in accordance with the regulatory procedure referred to in Article 48(2). Member States may assess the equivalence referred to in paragraph 1 of this Article or rely on the assessments carried out by other Member States as long as the Commission has not taken such a decision. If the Commission decides that the requirement of equivalence referred to in paragraph 1 of this Article is not complied with, it may allow the auditors and audit entities concerned to continue their audit activities in accordance with the requirements of the relevant Member State during an appropriate transitional period.
In this context, the Commission may adopt measures aimed at establishing general equivalence criteria in accordance with the requirements laid down in Articles 29, 30 and 32 which are applicable to all third countries and which shall be used by Member States when assessing equivalence at national level. The criteria may not exceed the requirements laid down in Articles 29, 30 and 32. Those measures, designed to amend non essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
10.
Article 47 shall be amended as follows:
(a)
paragraph 3 shall be replaced by the following:
‘3. In order to ensure uniform application of paragraph 1(c), the adequacy referred to therein shall be assessed by the Commission in cooperation with Member States and shall be decided upon by the Commission in accordance with the regulatory procedure referred to in Article 48(2). Member States shall take the measures necessary to comply with the Commission's Decision.
Such assessment of adequacy shall be based on the requirements of Article 36 or essentially equivalent functional results. Any measures taken in this context, designed to amend non essential elements of this Directive by supplementing it and aiming at facilitating cooperation between competent authorities, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’.
(b)
paragraph 5 shall be amended as follows:
(i)
the words ‘, in accordance with the procedure referred to in Article 48(2),’ shall be deleted;
(ii)
the following sentence shall be added:
‘That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 48(2a).’;
11.
Article 48 shall be amended as follows:
(a)
the following paragraph shall be inserted:
‘2a. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;
(b)
paragraphs 3 and 4 shall be replaced by the following:
‘3. By 31 December 2010 and, thereafter, at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to this Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether or not an amendment is necessary shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to amend the provisions conferring implementing powers on the Commission.’
Article 2
Entry into force
This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 3
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 11 March 2008. | [
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*****
COUNCIL DECISION
of 9 February 1987
on the conclusion of the Protocol of Accession of Mexico to the General Agreement on Tariffs and Trade
(87/209/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishiing the European Economic Community, and in particular Article 113 thereof,
Whereas Mexico entered into negotiations with the Community and the other Contracting Parties to the General Agreement on Tariffs and Trade with a view to its accession to the General Agreement;
Whereas the results of these negotiations are acceptable to the Community,
HAS DECIDED AS FOLLOWS:
Article 1
The Protocol of Accession of Mexico to the General Agreement on Tariffs and Trade is hereby approved on behalf of the European Economic Community.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Protocol in order to bind the Community.
Done at Brussels, 9 February 1987. | [
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COUNCIL REGULATION (EC) No 1010/2008
of 13 October 2008
imposing a definitive countervailing duty on imports of sulphanilic acid originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97 and a partial interim review pursuant to Article 19 of Regulation (EC) No 2026/97 and amending Regulation (EC) No 1000/2008 imposing a definitive anti-dumping duty on imports of sulphanilic acid originating in the People’s Republic of China and India following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 15, 18 and 19 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
1. PROCEDURE
1.1. Previous investigations and existing measures
(1)
In July 2002, by Regulation (EC) No 1338/2002 (2), the Council imposed a definitive countervailing duty (the existing measures) of 7,1 % on imports of sulphanilic acid falling within CN code ex29214210 (TARIC code 2921421060) originating in India. The measures imposed had been based on the findings of an antisubsidy proceeding initiated pursuant to Article 10 of the basic Regulation (the original investigation).
(2)
At the same time, by Regulation (EC) No 1339/2002 (3), the Council imposed a definitive anti-dumping duty of 18,3 % on imports of the same product originating in India.
(3)
Within the framework of the above-mentioned countervailing and anti-dumping proceedings, the Commission, by Decision 2002/611/EC (4) accepted a price undertaking offered by the Indian exporting producer, Kokan Synthetics and Chemicals Pvt. Ltd (Kokan).
(4)
In December 2003, Kokan informed the Commission that it wished to withdraw its undertaking voluntarily. Accordingly, the Commission Decision accepting the undertaking was repealed by Decision 2004/255/EC (5).
(5)
In April 2005, following a request lodged by Kokan, the Commission initiated (6) a partial interim review pursuant to Article 19 of the basic Regulation and Article 11(3) of Regulation (EC) No 384/96 (7) (the basic anti-dumping Regulation) respectively, limited in scope to the examination of the acceptability of an undertaking to be offered by the company.
(6)
Following an investigation, in December 2005, by Decision 2006/37/EC (8), the Commission accepted an undertaking offered by Kokan in connection with the anti-dumping and countervailing proceedings concerning imports of sulphanilic acid originating in India.
(7)
In January 2006, as a result of the investigation referred to above in recital 6, by Council Regulation (EC) No 123/2006 (9), Regulation (EC) No 1338/2002 imposing a definitive countervailing duty on imports of sulphanilic acid originating in India and Regulation (EC) No 1339/2002 imposing a definitive anti-dumping duty on imports of sulphanilic acid originating, inter alia, in India, were amended to take into account the acceptance of the said undertaking.
(8)
Following a review in accordance with the provisions of Article 11(2) of Regulation (EC) No 384/96, the Council, by Regulation (EC) No 1000/2008 (10), imposed an anti-dumping duty on imports of sulphanilic acid originating in the People’s Republic of China and India.
1.2. Request for a review
(9)
Following the publication of a notice of impending expiry (11) of the existing measures, the Commission, on 24 April 2007, received a request for an expiry review pursuant to Article 18 of the basic Regulation. This request was lodged by two Community producers (the applicants) representing 100 % of the Community production of sulphanilic acid.
(10)
The request for an expiry review was based on the grounds that the expiry of the measures would be likely to result in the continuation or recurrence of subsidisation and injury to the Community industry.
(11)
The Commission examined the evidence submitted by the applicants and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 18 of the basic Regulation. After consultation of the Advisory Committee, the Commission announced on 24 July 2007, by a notice of initiation published in the Official Journal of the European Union (12), the initiation of an expiry review pursuant to Article 18 of the basic Regulation.
(12)
It should be noted that prior to the initiation of the expiry review, and in accordance with Articles 10(9) and 22(1) of the basic Regulation, the Commission notified the Government of India (hereinafter referred to as GOI) that it had received a properly documented review request and invited the GOI for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. The GOI did not react to this offer of consultations. Consultations were likewise offered and held with the Indian authorities in the context of the partial interim review referred to below. These consultations did not arrive at a mutually agreed solution that would have warranted that the review not be initiated.
1.3. Partial interim review
(13)
By a notice of initiation published in the Official Journal of the European Union on 29 September 2007 (13) (the Article 19 notice of initiation), the Commission, pursuant to Article 19 of the basic Regulation, initiated on its own initiative a partial interim review limited to the level of subsidisation, since there was sufficient prima facie evidence available to the Commission that the circumstances with regard to subsidisation on the basis of which measures had been established have changed and that these changes were of a lasting nature.
(14)
The review was limited to the level of subsidisation of the company Kokan listed in the Annex to the Article 19 notice of initiation as well as to other exporters that were invited to make themselves known under the conditions and within the time limit set out in the notice of initiation.
1.4. Investigation
1.4.1. Investigation period
(15)
The investigation of continuation or recurrence of subsidisation covered the period from 1 April 2006 to 31 March 2007 (review investigation period or RIP). This period was also used for the examination of the alleged changed circumstances that led to the initiation of the partial interim review. The examination of the trends relevant for the assessment of a likelihood of a continuation or recurrence of injury covered the period from 2003 to the end of the review investigation period (the period considered).
1.4.2. Parties concerned by the investigation
(16)
The Commission officially advised the exporting producers, importers and users known to be concerned and their associations, the representatives of the exporting country, the applicant and the Community producers of the initiation of the expiry review and the partial interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.
(17)
All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing.
(18)
Questionnaires were sent in the expiry review to all parties known to be concerned, namely to the two Community producers, to the exporting producer in India and to the known importers and users and to the GOI. In regard to the partial interim review, questionnaires were sent to the exporting producer in India and to the GOI.
(19)
Replies to the questionnaires were received from the GOI, both of the Community producers and the exporting producer from the country concerned, as well as from four users. None of the importers replied to the questionnaire and no other importers supplied the Commission with any information or made themselves known in the course of the investigations.
(20)
The Commission sought and verified all the information it deemed necessary for a determination of the likelihood of a continuation or recurrence of subsidisation and resulting injury and of the Community interest as well as of alleged changed level of subsidisation. In this regard the Commission carried out verification visits at the premises of the GOI in Delhi, the Government of Maharashtra in Mumbai, the Reserve Bank of India in Mumbai, and the following companies:
(a)
Exporting producer in India:
-
Kokan Synthetics & Chemicals Pvt Ltd, Mumbai, India;
(b)
Community producers:
-
Ardenity, Givet, France,
-
CUF Químicos Industriais, Estarreja, Portugal;
(c)
Users:
-
Kemira Germany GmbH, Leverkusen, Germany,
-
Robama SA, Palafolls, Spain.
2. PRODUCT CONCERNED AND LIKE PRODUCT
2.1. Product concerned
(21)
The product under review is sulphanilic acid originating in India (the product concerned), currently classifiable within CN code ex29214210 (TARIC 2921421060). There are basically two grades of sulphanilic acid, which are determined according to their purity: a technical grade and a purified grade. In addition, the purified grade is sometimes commercialised in the form of a salt of sulphanilic acid. Sulphanilic acid is used as a raw material in the production of optical brighteners, concrete additives, food colourants and speciality dyes. While there are different uses of sulphanilic acid, all grades and forms are perceived by users to be reasonably substitutable, are used interchangeably in most applications and are therefore, treated, as was the case in the original investigation, as one single product.
2.2. Like product
(22)
As established in the original investigation, these review investigations confirmed that sulphanilic acid and its salts are pure commodity products, and their quality and basic physical characteristics are identical whatever the country of origin. The product concerned and the products manufactured and sold by the exporting producer concerned on its domestic market and exported to third countries, as well as those manufactured and sold by the Community producers on the Community market have thus been found to have the same basic physical and chemical characteristics and essentially the same uses and are therefore considered to be like products within the meaning of Article 1(5) of the basic Regulation.
3. LIKELIHOOD OF CONTINUATION OR RECURRENCE OF SUBSIDISATION
3.1. Introduction
(23)
On the basis of the information contained in the review request and the replies to the Commission’s questionnaire, the following schemes, which allegedly involve the granting of subsidies, were investigated:
-
Subsidy schemes investigated in original investigation:
-
Nationwide schemes:
(a)
Export Processing Zones Scheme (EPZS)/Special Economic Zones Scheme (SEZS)/Export Oriented Units Scheme (EOUS);
(b)
Duty Entitlement Passbook Scheme (DEPBS);
(c)
Export Promotion Capital Goods Scheme (EPCGS);
(d)
Income Tax Exemption Scheme (ITES);
(e)
Advance Licence Scheme (ALS)/Advance Authorisation Scheme (AAS),
-
Regional schemes:
(f)
Package Scheme of Incentives (PSI) of the Government of Maharashtra,
-
Subsidy schemes not investigated in original investigation:
-
Nationwide schemes:
(g)
Export Credit Scheme (pre-shipment and post-shipment) (ECS).
(24)
The schemes (a), (b), (c) and (e) specified above are based on the Foreign Trade (Development and Regulation) Act 1992 (No 22 of 1992) which entered into force on 7 August 1992 (Foreign Trade Act). The Foreign Trade Act authorises the GOI to issue notifications regarding the export and import policy. These are summarised in ‘Export and Import Policy’ documents, which, since 1 September 2004, has been named ‘Foreign Trade Policy’, and are issued by the Ministry of Commerce every five years and updated regularly. One Export and Import Policy document is relevant to the review investigation period of this case, i.e. the five-year plan relating to the period 1 September 2004 to 31 March 2009 (EXIM-policy 2004-2009). In addition, the GOI also sets out the procedures governing the EXIM-policy 2004-2009 in a ‘Handbook of Procedures - 1 September 2004 to 31 March 2009, Volume I’ (HOP I 2004-2009).
(25)
The Income Tax Exemption Scheme specified above under (d) is based on the Income Tax Act of 1961, which is amended yearly by the Finance Act.
(26)
The scheme (f) is managed by the State of Maharashtra and is based on resolutions of the Government of Maharashtra Industries, Energy and Labour Department.
(27)
The Export Credit Scheme specified above under (g) is based on Sections 21 and 35A of the Banking Regulation Act 1949, which allows the Reserve Bank of India (RBI) to direct commercial banks in the field of export credits.
3.2. Export Processing Zones Scheme (EPZS)/Special Economic Zones Scheme (SEZS)/Export Oriented Units Scheme (EOUS)
(28)
It was found that the cooperating exporting producer was not located in an SEZS nor in an EPZS. However, the cooperating exporting producer had been set up under the EOUS and received countervailable subsidies in the RIP. The description and assessment below is therefore limited to the EOUS.
3.2.1. Legal basis
(29)
The details of the EOUS are contained in chapter 6 of the EXIM-policy 2004-2009 and the HOP I 2004-2009.
3.2.2. Eligibility
(30)
With the exception of pure trading companies, all enterprises which, in principle, undertake to export their entire production of goods or services may be set up under the EOUS. Undertakings in industrial sectors have to fulfil a minimum investment threshold in fixed assets (INR 10 million) to be eligible for the EOUS.
3.2.3. Practical implementation
(31)
EOUS can be located and established anywhere in India.
(32)
An application for EOUS status must include details for the next five years of, inter alia, planned production quantities, projected value of exports, import requirements and indigenous requirements. Upon acceptance by the authorities of the company’s application, the terms and conditions attached to this acceptance will be communicated to the company. The agreement to be recognised as a company under the EOUS is valid for a five-year period. The agreement may be renewed for further periods.
(33)
A crucial obligation of an EOUS as set out in the EXIM-policy 2004-2009 is to achieve net foreign exchange (NFE) earnings, i.e. in a reference period (five years) the total value of exports has to be higher than the total value of imported goods.
(34)
EOUS units are entitled to the following concessions:
-
exemption from import duties on all types of goods (including capital goods, raw materials and consumables) required for the manufacture, production, processing, or in connection therewith,
-
exemption from excise duty on goods procured from indigenous sources,
-
reimbursement of central sales tax paid on goods procured locally,
-
the facility to sell part of the production on the domestic market of up to 50 % of the FOB value of exports, subject to fulfilment of positive NFE earnings upon payment of concessional duties, i.e. excise duties on finished products,
-
partial reimbursement of duty paid on fuel procured from domestic oil companies,
-
exemption from income tax normally due on profits realised on export sales in accordance with Section 10B of the Income Tax Act, for a 10-year period after starting its operations, but no longer than up to 2010,
-
possibility of 100 % foreign equity ownership.
(35)
Units operating under these schemes are bonded under the surveillance of customs officials in accordance with Section 65 of the Customs Act.
(36)
These units are legally obliged to maintain a proper account of all imports, of the consumption and utilisation of all imported materials and of the exports made in accordance with section 6.11.1 of the HOP I 2004-2009. These documents should be submitted periodically to the competent authorities through quarterly and annual progress reports.
(37)
However, ‘at no point in time [an EOU] shall be required to co-relate every import consignment with its exports, transfers to other units, sales in DTA (Domestic Tariff Area) or stocks’, as section 6.11.2 of the HOP I 2004-2009 states.
(38)
Domestic sales are dispatched and recorded on a self-certification basis. The dispatch process of export consignments of an EOU is supervised by a customs/excise official, who is permanently posted in the EOU.
(39)
In the present case, the cooperating exporting producer utilised the scheme to procure goods domestically free of excise duty, to obtain central sales tax reimbursement and to obtain partial reimbursement of duty paid on fuel procured from domestic oil companies. The investigation showed that the exporting producer concerned did not avail of benefits under the income tax exemption provisions of the EOUS.
3.2.4. Conclusions on the EOUS
(40)
In the case of exemption from excise duty on goods procured from indigenous sources, it was found that the duty paid on purchases by a non-EOUS unit can be used as a credit for its own future duty liabilities, e.g. towards payment of excise duty on domestic sales (the so-called Cenvat mechanism). Therefore, the excise duty paid on purchases is not definitive. By the means of ‘Cenvat’-credit only an added value bears a definitive duty, not the input materials. Thus, by exempting excise duty on purchases by an EOUS unit, no additional government revenue is foregone and consequently no additional benefit accrues to the EOUS.
(41)
The reimbursement of the central sales tax and the partial reimbursement of duty paid on fuel procured from domestic oil companies constitute subsidies within the meaning of Article 2(1)(a)(ii) of the basic Regulation. Government revenue which would be due in the absence of this scheme is forgone, thus conferring a benefit upon the EOUS within the meaning of Article 2(2) of the basic Regulation, because it improved its liquidity by obtaining reimbursements of the central sales tax and duties normally paid on fuel. The subsidies are contingent in law upon export performance and, therefore, deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation. The export objective of an EOUS as set out in paragraph 6.1 of the EXIM-policy 02-07 is a conditio sine qua non to obtain the incentives.
3.2.5. Calculation of the subsidy amount
(42)
The subsidy amount was calculated on the basis of the central sales tax reimbursed on goods procured locally and the partial reimbursement of duties paid on domestically purchased fuel during the review investigation period. Fees necessarily incurred to obtain the subsidy were deducted in accordance with Article 7(1)(a) of the basic Regulation from this sum to arrive at the subsidy amount as the numerator. In accordance with Article 7(2) of the basic Regulation this subsidy amount was allocated over the appropriate export turnover generated during the RIP as the appropriate denominator, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported. The subsidy margin thus obtained was 3,2 %.
3.3. Duty Entitlement Passbook Scheme (DEPBS)
3.3.1. Legal basis
(43)
A detailed description of the DEPBS is contained in section 4.3 of the EXIM-policy 2004-2009 and in section 4.37-4.53 of the HOP I 2004-2009.
3.3.2. Findings
(44)
It was found that the cooperating exporting producer did not obtain any benefits under the DEPBS in the RIP. It was therefore not necessary to further analyse this scheme in this investigation.
3.4. Export Promotion Capital Goods Scheme (EPCGS)
3.4.1. Legal basis
(45)
A detailed description of the EPCGS is contained in chapter 5 of the EXIM-policy 2004-2009 and in chapter 5 of the HOP I 2004-2009.
3.4.2. Findings
(46)
It was found that the cooperating exporting producer did not obtain any benefits under the EPCGS in the RIP. It was therefore not necessary to further analyse this scheme in this investigation.
3.5. Income Tax Exemption Scheme (ITES)
(47)
It was found that the cooperating exporting producer did not obtain any benefits under the ITES in the RIP. It was therefore not found necessary to further analyse this scheme in this investigation.
3.6. Advance Licence Scheme (ALS)/Advance Authorisation Scheme (AAS)
3.6.1. Legal basis
(48)
A detailed description of the scheme is contained in sections 4.1 to 4.1.14 of the EXIM-policy 2004-2009 and chapters 4.1 to 4.30 of the HOP I 2004-2009. The name of the scheme changed to the Advance Authorisation Scheme from 1 April 2006.
3.6.2. Findings
(49)
It was found that the cooperating exporting producer did not obtain any benefits under the AAS in the RIP. It was therefore not found necessary to further analyse this scheme in this investigation.
3.7. Package Scheme of Incentives of the Government of Maharashtra (GOM)
3.7.1. Legal basis
(50)
In order to encourage the establishment of industries in the State of Maharashtra to the less developed areas of the State, the GOM has been granting incentives to new-expansion units set up in developing regions of the State since 1964, under a scheme commonly known as the ‘Package Scheme of Incentives’ (PSI). The scheme has been amended many times since its introduction and the ‘2001 Scheme’ was operative from 1 April 2001 until 31 March 2006 after which it was extended for one year until 31 March 2007. The PSI of the GOM is composed of several sub-schemes amongst which the main ones are: (i) the refund of octroi tax/entry tax; (ii) the exemption from electricity duty; and (iii) the exemption from local sales tax/deferral of local sales tax. According to the GOM, the 2001 scheme does not include the latter tax scheme, i.e. neither sales tax exemption nor sales tax deferrals. However, the investigation established that a company’s entitlement to benefits under the scheme is stipulated in the ‘Eligibility Certificate’. The investigation revealed that the only sub-scheme used by the cooperating exporting producer during the RIP was, in fact, the one concerning sales tax deferrals (part of (iii) above).
3.7.2. Eligibility
(51)
In order to be eligible, companies must as a rule invest in less developed areas of the State (which are classified according to their economic development into different categories, e.g. less developed areas, lesser developed areas and least developed areas) either by setting up a new industrial establishment or by making a large-scale capital investment in the expansion or diversification of an existing industrial establishment. The main criterion to establish the amount of incentives is the classification of the area in which the enterprise is or will be located and the size of the investment.
3.7.3. Practical implementation
(52)
The Eligibility Certificate issued by the GOM to the cooperating exporting producer provided that the company was, under the sales tax deferral sub-scheme, allowed to defer the payment of State sales taxes collected on its domestic sales for a period of 12 years from the year of collection.
3.7.4. Conclusion
(53)
The sales tax deferral sub-scheme of the PSI of the GOM provides subsidies within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation. The sub-scheme examined constitutes a financial contribution by the GOM, since this concession postpones the collection of the GOM’s revenue which would be otherwise due. This deferral confers a benefit upon the company as it improves the company’s liquidity.
(54)
The sub-scheme is only available to companies having invested within certain designated geographical areas within the jurisdiction of the State of Maharashtra. It is not available for companies located outside these areas. The level of benefit is different according to the area concerned. The scheme is specific in accordance with Article 3(2)(a) and Article 3(3) of the basic Regulation and therefore countervailable.
3.7.5. Calculation of the subsidy amount
(55)
The deferred amount of State sales taxes, under the deferral element of the scheme, collected in the RIP is considered equivalent to an interest-free loan of the same amount granted by the GOM. Thus, the benefit to the cooperating exporting producer has been calculated on the basis of the interest that was paid on a comparable commercial loan by the company during the RIP.
(56)
Pursuant to Article 7(2) of the basic Regulation, the amount of subsidy (numerator) was then allocated over the total company turnover during the RIP as the appropriate denominator, because the subsidy is not export contingent and it was not granted by reference to the quantities manufactured, produced, exported or transported.
(57)
On the basis of the above, the amount of subsidy that the company has obtained under this scheme is 0,6 %.
3.8. Export Credit Scheme (ECS)
3.8.1. Legal basis
(58)
The details of the scheme are set out in the Master Circular IECD No 02/04.02.02/2006-07 (Export Credit in Foreign Currency) and the Master Circular IECD No 01/04.02.02/2006-07 (Rupee Export Credit) of the Reserve Bank of India (RBI), which is addressed to all commercial banks in India.
3.8.2. Eligibility
(59)
Manufacturing exporters and merchant exporters are eligible for this scheme. It was found that the cooperating exporting producer availed of benefits under the ECS.
3.8.3. Practical implementation
(60)
Under this scheme, the RBI sets compulsory maximum ceilings on interest rates applicable to export credits, both in Indian rupees or in foreign currency, which commercial banks can charge an exporter ‘with a view to making credit available to exporters at internationally competitive rates’. The ECS consists of two sub-schemes, the Pre-Shipment Export Credit Scheme (packing credit), which covers credits provided to an exporter for financing the purchase, processing, manufacturing, packing and/or shipping of goods prior to export, and the Post-Shipment Export Credit Scheme, which provides for working capital loans with the purpose of financing export receivables. The RBI also directs the banks to provide a certain amount of their net bank credit towards export finance.
(61)
As a result of the RBI Master Circulars, exporters can obtain export credits at preferential interest rates compared with the interest rates for ordinary commercial credits (cash credits), which are purely set under market conditions.
3.8.4. Conclusion on the ECS
(62)
Firstly, the preferential interest rates of an ECS credit set by the RBI Master Circulars can decrease interest costs of an exporter as compared with credit costs set purely in accordance with market conditions and confer in this case a benefit within the meaning of Article 2(2) of the basic Regulation on such an exporter. Only in the case where such interest rate difference was found to exist, was it concluded that a benefit was conferred. The differences in rates between the credits given pursuant to the RBI Master Circulars and commercial ‘cash credit’ rates cannot be explained by pure market behaviour of the commercial bank.
(63)
Secondly, and despite the fact that the preferential credits under the ECS are granted by commercial banks, this benefit is a financial contribution by a government within the meaning of Article 2(1)(a)(iv) of the basic Regulation. The RBI is a public body and falls therefore under the definition of a ‘government’ as set out in Article 1(3) of the basic Regulation. It is 100 % government-owned, pursues public policy objectives, e.g. monetary policy, and its management is appointed by the GOI. The RBI directs private bodies, within the meaning of the second indent of Article 2(1)(a)(iv) of the basic Regulation, since the commercial banks are bound by the conditions it imposes, inter alia, the maximum ceilings for interest rates on export credits mandated in the RBI Master Circulars and the RBI provisions that commercial banks have to provide a certain amount of their net bank credit towards export finance. This direction obliges commercial banks to carry out functions mentioned in Article 2(1)(a)(i) of the basic Regulation, in this case loans in the form of preferential export financing. Such direct transfer of funds in the form of loans under certain conditions would normally be vested in the government, and the practice, in no real sense, differs from practices normally followed by governments in the sense of Article 2(1)(a)(iv) of the basic Regulation. This subsidy is deemed to be specific and countervailable since the preferential interest rates are only available in relation to the financing of export transactions and are therefore contingent upon export performance, pursuant to Article 3(4)(a) of the basic Regulation.
3.8.5. Calculation of the subsidy amount
(64)
The subsidy amount was calculated on the basis of the difference between the interest paid for export credits used during the RIP and the interest rate that would have been payable for ordinary commercial credits used by the particular company. This subsidy amount (numerator) was allocated over the total export turnover during the RIP as appropriate denominator in accordance with Article 7(2) of the basic Regulation, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported. The cooperating exporting producer availed of benefits under the ECS and obtained a subsidy of 0,9 %.
3.9. Amount of countervailable subsidies
(65)
The amount of countervailable subsidies found in the RIP in accordance with the provisions of the basic Regulation, expressed ad valorem, for the investigated exporting producer is 4,7 %.
(66)
On the basis of the available information, the cooperating exporting producer accounted for 100 % of exports of sulphanilic acid from India to the Community during the RIP. No information was available showing that the level of subsidisation of other exporting producers that might exist would be at a lower level.
SCHEME
COMPANY
EOU (14)
DEPBS
EPCGS
ITES
ALS
Maharashtra State Scheme
ECS (14)
Total
%
%
%
%
%
%
%
%
Kokan Synthetics and Chemicals Private Limited
3,2
nil
nil
nil
nil
0,6
0,9
4,7
3.10. Conclusions regarding the continuation or recurrence of subsidisation
(67)
In accordance with Article 18(2) of the basic Regulation, it was examined whether the expiry of the measures in force would be likely to lead to a continuation or recurrence of subsidisation.
(68)
It was established that though the subsidy margin found during the expiry review investigation is lower than the one established during the original investigation, the cooperating Indian exporter of the product concerned continued to benefit from countervailable subsidisation by the Indian authorities. As regards the main scheme investigated during the RIP, i.e. the EOUS, the status of an Export Oriented Unit pursuant to the EXIM-policy gives recurring benefits and there is no indication that these programmes will be phased out in the foreseeable future. Under these conditions, it is clear that the exporter of the product concerned will also continue to receive countervailable subsidies in the future.
(69)
Since it has been demonstrated that subsidisation continued at the time of the review and that it is likely to continue in the future, the issue of likelihood of recurrence of subsidisation is irrelevant.
3.11. Lasting nature of changed circumstances
(70)
In accordance with Article 19(2) of the basic Regulation, it was also examined whether the changed circumstances with respect to the original investigation regarding subsidisation could reasonably be considered to be of a lasting nature.
(71)
It is recalled that the scope of the interim review is, in the absence of cooperation by any other exporters in India, limited to the level of subsidisation of Kokan Synthetics & Chemicals Pvt. Ltd.
(72)
With regard to the lasting nature of the changed circumstances, in light of the findings set out in recital 68 above, it was concluded that there were no reasons to consider that the changed level of subsidisation was not of a lasting nature.
4. DEFINITION OF THE COMMUNITY INDUSTRY
(73)
Within the Community, the like product is manufactured by two producers whose output is deemed to constitute the total Community production of the like product within the meaning of Article 9(1) of the basic Regulation.
(74)
It should be noted that, as compared to the original investigation, the ‘Sorochimie Chimie Fine’ and ‘Quimigal SA’ companies have been renamed, the former to ‘Ardenity’ and the latter to ‘CUF Químicos Industriais’.
(75)
These two producers cooperated in the investigation and supported the request for a review. They therefore constitute the Community industry within the meaning of Articles 9(1) and 10(8) of the basic Regulation.
5. SITUATION ON THE COMMUNITY MARKET
5.1. Consumption in the Community market
(76)
The apparent Community consumption was established on the basis of:
-
imports of the product concerned into the Community market derived from Eurostat,
-
total sales of the Community industry on the Community market derived from the questionnaires’ replies.
(77)
Community consumption of sulphanilic acid in the RIP was around 10 000 tonnes. Over the period considered a decrease in consumption of 6 % was observed.
Table 1
Consumption on the Community market
2003
2004
2005
2006
RIP
Consumption (tonnes)
10 684
10 443
10 899
9 939
9 997
Index
100
98
102
93
94
5.1.1. Current imports from the country concerned
(78)
In order to respect confidential business information, in view of the fact that Kokan represents 100 % of imports originating in India and that the Community industry consists of only two producers, it has been necessary to present the information in Tables 2 to 5 below in an indexed form.
5.1.2. Import volume and market share of the imports concerned in the RIP
(79)
The volumes and market shares of the imports from India developed as set out in the tables below.
Table 2
Imports from the country concerned
Imports ()
2003
2004
2005
2006
RIP
Index
100
54
59
56
60
Source: Eurostat.
Table 3
Market share of the country concerned
Market share
2003
2004
2005
2006
RIP
Index
100
55
58
60
64
(80)
Imports from the country concerned decreased by 40 % between 2003 and the RIP and market share of Indian imports decreased by 36 %.
5.2. Price evolution and price behaviour of the imports of the product concerned
Table 4
Prices of the imports concerned
Unit prices
2003
2004
2005
2006
RIP
Index
100
85
96
110
111
Source: Eurostat.
(81)
The average price of the imports concerned originating in India increased by 11 % over the period considered.
(82)
For the purpose of calculating the level of price undercutting during the RIP, Community industry’s ex-works prices to unrelated customers were compared with the CIF Community-frontier import prices of the country concerned, duly adjusted in order to reflect a landed price. This adjustment was made by increasing the prices by the normal custom duty and post importation costs. The comparison showed that the adjusted Indian prices were not undercutting the prices of the Community industry. The price increase observed and the absence of undercutting should be seen in the light of the various price undertakings offered by the Indian exporter since the imposition of measures in 2002.
5.3. Imports from other third countries
Table 5
Imports from other third countries
Rest of the world
2003
2004
2005
2006
RIP
Imports (Index)
100
93
114
91
91
Market share (Index)
100
95
112
98
97
Average prices (EUR/tonne)
855
930
1 077
1 059
1 018
Index
100
109
126
124
119
Source: Eurostat.
(83)
The volume of imports from other third countries decreased by 9 % over the period considered. Their market share slightly decreased by 3 %. The main exporting countries, namely the United States of America (US) and the PRC, accounted for almost 100 % of these imports during the period considered.
(84)
Prices of sulphanilic acid from other third countries were on average lower than those of the Community industry and also below the Indian prices. It is recalled that the imports of sulphanilic acid originating in the PRC were subject to an anti-dumping duty of 21 % in 2002, increased to 33,7 % in 2004 following an anti-absorption investigation.
5.4. Economic situation of the Community industry
5.4.1. Preliminary remarks
(85)
In order to respect confidential business information, it has been necessary to present information concerning the two companies forming the Community industry in an indexed form.
(86)
In accordance with Article 8(5) of the basic Regulation, all relevant economic factors and indices pertaining to the Community industry were examined.
5.4.2. Data relating to the Community industry
(a) Production, installed production capacity and capacity utilisation rate
Table 6
Production, installed production capacity, capacity utilisation
2003
2004
2005
2006
RIP
Capacity tonnes (index)
100
100
100
105
112
Production tonnes (index)
100
119
115
115
117
Capacity utilisation (index)
100
119
115
109
105
Source: Questionnaire replies of the Community industry.
(87)
The Community industry’s level of production in the RIP was 17 % higher than the level recorded at the start of the period considered. The Community industry’s production capacity also increased over the period considered by 12 % as one Community producer increased its capacity by investments in equipment in order to produce pure grade sulphanilic acid. The combination of these two factors led to an overall increase in the capacity utilisation rate of the Community industry during the period considered. It should be also noted that the Community industry achieved a satisfactory level of capacity utilisation (in the range of 75-80 %) in the RIP.
(b) Inventories
(88)
The Community industry’s year-end stock levels decreased over the period considered by 22 %. The levels of stock fell significantly in 2004 and 2005 but progressively increased in 2006 and in the RIP.
Table 7
Closing stock in volume
2003
2004
2005
2006
RIP
Stocks tonnes (index)
100
35
38
64
78
Source: Questionnaire replies of the Community industry.
(c) Sales volume, market share and growth
(89)
The sales volumes of the Community industry in the RIP were 5 % higher than the beginning of the period considered. As Community consumption decreased by 6 % over the period considered (see recital 77 above), the market share held by the Community industry increased by 12 % over the same period. Specifically, the Community industry gained around 7 percentage points of market share over the period considered. The Community industry market share was kept above 50 % throughout the period considered.
Table 8
Sales volume and market share
2003
2004
2005
2006
RIP
Sales volume - tonnes (index)
100
114
107
105
105
Market share % (index)
100
116
105
113
112
Source: Questionnaire replies of the Community industry.
(90)
It should be noted that the decrease in the Community consumption in 2006 and in the RIP somewhat affected the growth of the Community industry. The increase in market share is explained almost equally by an increase in the sales volumes and by the weaker consumption towards the end of the period considered.
(d) Factors affecting Community prices
(91)
Average sales prices of the Community industry increased substantially by 26 % over the period considered. The developments observed as of from 2005 appear to reflect in particular the effects of the anti-absorption measures taken against Chinese imports in 2004. The Community industry’s average selling prices increased significantly between 2004 and 2005 and remained rather stable thereafter. However, this increase was at a lower rate than the increase in the price of aniline, which is the most significant raw material for the production of sulphanilic acid. Indeed, aniline, which is a benzene derivative, represented around 50 % of the total manufacturing cost during the RIP, marked a price increase of around 45 % between 2003 and the RIP.
Table 9
Sales prices
2003
2004
2005
2006
RIP
Average sales price (index)
100
104
124
125
126
Source: Questionnaire replies of the Community industry.
(e) Employment and productivity
(92)
The level of employment declined by 9 % between 2003 and the RIP, while production increased, thus reflecting an increase in the Community industry productivity and competitiveness. The average cost per employee, however, rose during the same period by 15 %.
Table 10
Employment and productivity
2003
2004
2005
2006
RIP
Employment (index)
100
96
96
98
91
Productivity (index)
100
125
120
117
129
Average labour cost (index)
100
82
94
106
115
Source: Questionnaire replies of the Community industry.
(f) Profitability
Table 11
Profitability
2003
2004
2005
2006
RIP
Index
100
-1 286
1 519
335
191
Source: Questionnaire replies of the Community industry.
(93)
The Community industry’s profitability, with the exception of the year 2005, was around or below 1 % of its turnover. Important losses were recorded in 2004, whereas the Community industry recorded profits in 2005, 2006 and the RIP. Given that the profitability of the Community industry was remarkably low in 2003, the apparent increase shown in the period considered led to a level of profitability still far below the level which could be acceptable in this type of industry.
(94)
It is also noted that the Community industry’s profitability was influenced by the evolution of raw material prices. The average production cost increased by 25 % between 2003 and the RIP. As mentioned in recital 91 above, aniline is the key input in sulphanilic acid production and it accounts for approximately half of the manufacturing cost. Given the fact that aniline prices significantly rose in 2004, the Community industry was not able to pass this price increase to its customers and incurred losses. The situation for the Community industry improved in 2005 as the prices of aniline stabilised and the Community industry was able to increase its prices of sulphanilic acid to the extent necessary to cover the rise in raw material costs. In 2006 and the RIP, confronted with new rise of prices of the aniline the Community industry’s profitability declined to levels below 1 % in relation to turnover.
(g) Investments, return on investments and ability to raise capital
Table 12
Investments, return on investment
2003
2004
2005
2006
RIP
Investments (index)
100
39
57
255
305
Return on investments
(index)
100
-1 779
2 498
420
224
Source: Questionnaire replies of the Community industry.
(95)
The Community industry continued to make investments in its sulphanilic acid activities throughout the period considered. In 2006 and the RIP, besides investments primarily related to the maintenance of existing capital assets, one Community producer made investments in order to increase its capacity concerning the production of pure grade sulphanilic acid. It should be, however, noted that this new capacity is expected to be fully operational only from 2008.
(96)
As the Community industry realised low profits throughout the period considered, the figure for the return on investments, which expresses the pre-tax result as a percentage of the average opening and closing net book value of assets employed in the production of sulphanilic acid, has also remained very low, namely around 2 % during the RIP.
(97)
The investigation showed that the capital requirements of the Community industry have been adversely affected by the difficult financial situation. Although one of the Community producers is part of a large group, capital requirements are not always met to the desired level, as financial resources are generally allocated within this group to the most profitable entities.
(h) Cash flow
(98)
The cash flow significantly decreased, by 85 % between 2003 and the RIP, but still remained positive. The cash flow is not following the trend of profitability as it was influenced by non-cash items such as depreciation and inventory movements.
Table 13
Cash flow
Cash flow
2003
2004
2005
2006
RIP
Index
100
41
64
32
15
Source: Questionnaire replies of the Community industry.
5.5. Conclusion
(99)
Between 2003 and the RIP, most of the indicators pertaining to the Community industry developed positively: sales volumes, capacity utilisation, production volume, closing stocks, productivity, investments and return on investment. However, its profitability remained below 1 % of turnover during the RIP.
(100)
The Community industry has benefited from a rise in its unit price of sulphanilic acid notably from 2004 to the end of the RIP. However, the increase in the selling price could not fully compensate the rise in the cost of production and profit margins therefore decreased.
(101)
In addition, the decrease in the Community consumption in 2006 and in the RIP somewhat hindered the recovery of the Community industry.
(102)
Overall, it is clear that the introduction of the anti-subsidy measures enabled the Community industry to stabilise its situation, but not to fully recover from its injurious situation because of the increase in raw material costs which the Community industry was unable to pass on to its customers. Nevertheless, the investigation showed that the Community industry started to invest in new equipment during the period considered.
(103)
In the light of the above analysis, it emerged, on the one hand, that the volume indicators developed positively during the period considered. On the other hand, the financial indicators pertaining to the Community industry such as profitability and cash flow showed that the Community industry is still in a vulnerable economic situation. It is therefore concluded that it had not fully recovered from the effects of injurious subsidisation.
6. LIKELIHOOD OF RECURRENCE OF INJURY
6.1. General
(104)
Pursuant to Article 18(2) of the basic Regulation, the analysis of the likelihood of recurrence of injury should the existing measures be repealed was carried out. In this respect, the likely development of export volumes and prices from the country concerned was examined in particular, as well as their likely effects on the situation of the Community industry in the absence of measures.
6.2. Development of import volumes and prices from the country concerned should measures be repealed
(105)
It is recalled that even with anti-subsidy measures in place, the imports from the country concerned had a market share of 9,7 % in the RIP.
(106)
The investigation showed that the cooperating Indian exporting producer has significant spare capacity, above 30 % of Community consumption. This unused capacity indicates that the said exporting producer has the possibility to increase its current production and thus also to increase its exports of sulphanilic acid to the Community.
(107)
It is also noted that Community consumption slightly decreased over the period considered and it is not expected that the demand in the next years would be such as to absorb the potential increase in imports from India should the measures be terminated. In this scenario, exports from India of sulphanilic acid would very likely replace a large share of the sales made by the Community industry, as the prices of imports are likely to be lower than those of the Community industry.
(108)
The investigation established that the Community market remains attractive for the Indian exporting producer. Indeed, it was found that the average export price of its sales to other third countries was significantly below the average export price to the Community. The fact that no price undercutting was found to exist for the Indian export prices is explained by the price undertaking, and thus the measures, in place for India. However, even then, the Indian CIF export prices were found, on average, to be lower than the average price of the Community industry (around 7 %).
(109)
Therefore, it is likely that without any measures in place, the Indian exporting producer would have an incentive to use significant quantities of unused capacity and to re-direct its exports to other third countries to the more attractive Community market, at price levels significantly below the current price levels in the Community industry.
6.3. Conclusion on likelihood of recurrence of injury
(110)
On the basis of the foregoing, it can be concluded that, should measures lapse, imports into the Community market from the country concerned would very likely occur in significant volumes and at subsidised prices which would be below the Community industry’s prices. This would in all likelihood have the effect of introducing a price-depressive trend on the Community market, with an expected negative impact on the economic situation of the Community industry. This would, in particular, reverse the recovery that was partly achieved over the period considered, leading to a likely recurrence of injury.
7. COMMUNITY INTEREST
7.1. Introduction
(111)
According to Article 31 of the basic Regulation, it was examined whether maintenance of the existing anti-subsidy measures would be against the interest of the Community as a whole. The determination of the Community interest was based on an appreciation of all various interests involved.
(112)
The fact that the present investigation is a review, thus analysing a situation in which anti-subsidy measures have already been in place, should allow the assessment of any undue negative impact on the parties concerned by the current anti-subsidy measures.
(113)
On this basis, it was examined whether, despite the conclusions on the likelihood of recurrence of injurious subsidisation, compelling reasons existed which would lead to the conclusion that it is not in the Community interest to maintain measures in this particular case.
7.2. Interest of the Community industry
(114)
It can reasonably be expected that the Community industry will continue to benefit from the measures currently imposed and further recover by regaining market share and improving its profitability. Should the measures not be maintained, it is likely that the Community industry will start again to suffer injury from increased imports at subsidised prices from the country concerned and that its currently fragile financial situation will deteriorate.
(115)
On this basis, it can be concluded that the continuation of measures would be in the interest of the Community industry.
7.3. Interest of importers
(116)
It is recalled that in the original investigation it was found that the imposition of measures would not have had a serious impact on Community importers of sulphanilic acid. This seems to be confirmed by the lack of cooperation in this investigation. Therefore, no compelling reasons were presented that the imposition of measures would be against the interest of the importers.
7.4. Interest of users
(117)
The Commission sent questionnaires to all 31 known users, of which only four submitted a questionnaire reply. Three questionnaire replies were received from Community companies producing optical brighteners and one questionnaire reply from a company producing dyes. However, the information provided by all these users regarding the effect of the measures and the proportion that sulphanilic acid represented in their manufacturing costs was not meaningful.
(118)
The volumes of the product concerned imported by these four users represented 47,3 % of the total imports in the Community. Moreover, as these four users purchase significant volumes of sulphanilic acid from the Community industry, they accounted overall for around 40 % of Community consumption in the RIP.
(119)
Three users have made the same points opposing the continuation of measures on the grounds that the production capacity of the Community industry is insufficient to meet domestic demand and on the grounds that measures are harming their competitiveness on the downstream products. The fourth user remained silent on whether it was in favour or against the maintenance of the measures.
(120)
Regarding the supply situation on the Community market, it is to be noted that the current production capacity of the Community industry could satisfy around 80 % of Community consumption. It should also be stressed that the Community industry has invested in new facilities in order to increase its output of pure grade sulphanilic acid. In any event, the purpose of the measures is not to prevent imports from the country concerned entering the Community market but to ensure that they are made at non-subsidised and non-injurious prices. It is therefore expected that imports from the country concerned will continue to enter the market as it has been the case following the imposition of measures in 2002.
(121)
It should be also noted that sulphanilic acid production outside the Community is now restricted to few countries in the world, such as India, the People’s Republic of China and the US. It is therefore important that the Community industry is allowed to operate under effective competition conditions so that domestic supplies of the product continue to be available to all users in the Community.
(122)
Regarding the competitiveness of the users, it should be noted that despite the lack of information obtained from the users in the framework of this investigation, it was shown in the original investigation that anti-subsidy measures would increase the full costs of optical brighteners and of dyes to containing sulphanilic acid by less than 1 %.
(123)
On the basis of the above, similarly to the conclusion drawn in the original investigation, it is considered also in the framework of the expiry review investigation that the maintenance of measures would not have a major adverse impact on the situation of users.
7.5. Conclusion on Community interest
(124)
Given the above, it is concluded that there are no compelling reasons against the maintenance of the current anti-subsidy measures.
8. COUNTERVAILING MEASURES
(125)
All parties were informed of the essential facts and considerations on the basis of which it is intended to recommend that the existing measures be maintained and amended. They were also granted a period to make representations and to comment. No comments which were of a nature to change the above conclusions were received.
(126)
In view of the conclusions reached in the context of the expiry review with regard to the likelihood of continuation of subsidisation, likelihood of recurrence of injury and Community interest, the countervailing measures on imports of sulphanilic acid originating in India should be maintained in order to prevent a recurrence of injury being caused to the Community industry by the subsidised imports.
(127)
With regard to the findings of the partial interim review limited to the level of subsidisation concerning the cooperating exporting producer in India, it is considered appropriate to amend the countervailing duty rate applicable from 7,1 % to 4,7 %. As the cooperating exporting producer accounted for 100 % of the exports of sulphanilic acid from India to the Community in the RIP, it is considered appropriate that this rate of duty should also apply to imports manufactured by other Indian producers. The duty rate will not be applicable for imports of the product concerned which are manufactured and sold for export to the Community by the cooperating exporting producer from which an undertaking has been accepted by Decision 2006/37/EC. In this regard, it is noted that the minimum import prices of the undertaking accepted from the Indian company have been amended in order to reflect the decrease in the combined overall duty rate (anti-dumping and countervailing) applicable to this company.
(128)
The amendment of the countervailing duty rate will have an impact on the definitive anti-dumping duty of 18,3 % imposed on imports of sulphanilic acid from India by Regulation (EC) No 1000/2008, as the latter was adjusted in order to avoid any double-counting of the effects of benefits from export subsidies (it is recalled that the definitive anti-dumping duty was based on the dumping margin since the latter was found to be lower than the injury elimination level). Article 24(1) of the basic Regulation and Article 14(1) of the basic anti-dumping Regulation provide that no product shall be subject to both anti-dumping and countervailing measures for the purpose of dealing with one and the same situation arising from dumping or export subsidisation. It was found in the original investigation that certain of the subsidy schemes investigated which were countervailable, constituted export subsidies within the meaning of Article 3(4)(a) of the basic anti-subsidy Regulation. As such, these subsidies affected the export price of the Indian exporting producer, thus leading to an increased margin of dumping. Therefore, pursuant to Article 24(1) of the basic Regulation, the definitive anti-dumping duty was adjusted to reflect the actual dumping margin remaining after the imposition of the definitive countervailing duty offsetting the effect of the export subsidies (see recital 46 of Regulation (EC) No 1339/2002).
(129)
Consequently, the definitive anti-dumping duty rate for India must now be adjusted to take account of the revised level of benefit received from export subsidies in the RIP of the current anti-subsidy investigation. As the benefits from export subsidies amounted to 4,1 % in that RIP and the level of the dumping margin originally established in Regulation (EC) No 1339/2002 was 24,6 %, the revised level of anti-dumping duty should be 20,5 %. Regulation (EC) No 1000/2008 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive countervailing duty is hereby imposed on imports of sulphanilic acid falling within CN code ex29214210 (TARIC code 2921421060) and originating in India.
2. The rate of the definitive countervailing duty applicable to the net, free-at-Community-frontier price, before duty, shall be 4,7 %.
3. Notwithstanding paragraph 1, the definitive duty shall not apply to imports released for free circulation in accordance with Article 2.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
1. Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in Decision 2006/37/EC, as from time to time amended, shall be exempt from the countervailing duty imposed by Article 1, on condition that:
-
they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community, and
-
such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex to this Regulation, and
-
the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.
2. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation whenever it is established, in respect of goods described in Article 1 and exempted from the duties under the conditions listed in paragraph 1, that one or more of such conditions is not fulfilled. The condition set out in the second indent of paragraph 1 shall be considered as not being fulfilled where the undertaking invoice is found not to comply with the provisions of the Annex or found not to be authentic or where the Commission has withdrawn the acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 384/96 or Article 13(9) of the basic anti-subsidy Regulation in a Regulation or Decision which refers to (a) particular transaction(s) and declares the relevant undertaking invoice(s) as invalid.
3. Importers shall accept as a normal trade risk, the fact that the non-fulfilment, by any party, of one or more of the conditions listed in paragraph 1 and further defined in paragraph 2 may give rise to a customs debt incurred under Article 201 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (15). The customs debt incurred shall be recovered upon withdrawal by the Commission of the acceptance of the undertaking.
Article 3
Article 1(2) of Regulation (EC) No 1000/2008 is replaced by the following:
‘2. The rate of the definitive anti-dumping duty applicable, before duty, to the net free-at-Community-frontier price of the products described in paragraph 1, shall be as follows:
Country
Definitive duty (%)
The People’s Republic of China
33,7
India
20,5’
Article 4
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 Luxembourg, 13 October 2008. | [
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COMMISSION DECISION
of 31 July 2009
amending Decision 2008/965/EC on financial aid from the Community for the year 2009 for certain Community reference laboratories in the field of animal health and live animals
(Notified under document C(2009) 5947)
(Only the English text is authentic)
(2009/585/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Article 31(2) thereof,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2), and in particular Article 32(7) thereof,
Whereas:
(1)
Pursuant to Article 31(1) of Decision 2009/470/EC Community reference laboratories in the field of animal health and live animals may be granted Community aid.
(2)
Commission Decision 2008/965/EC (3) granted Community financial assistance up to a maximum of EUR 400 000 at the rate of 100 % of the eligible costs as defined in Commission Regulation (EC) No 1754/2006 of 28 November 2006 laying down detailed rules for the granting of Community financial assistance to Community reference laboratories for feed and food and the animal health sector (4) to be incurred by the Veterinary Laboratories Agency (VLA), New Haw, Weybridge, United Kingdom, the Community Reference Laboratory (CRL) for avian influenza, for the work programme to be implemented in the period from 1 January to 31 December 2009.
(3)
The approved work programme of the CRL for avian influenza foresees that, in the light of the occurrence of influenza in birds and other animals, it is necessary to keep under review the possible zoonotic impact arising from the risk of these influenza viruses.
(4)
The novel A/H1N1 influenza virus recently reported in humans in Mexico, USA and then elsewhere in the world contains genetic material of pig, bird and human influenza viruses but it appears to be distinct from other H1N1 viruses known to occur in pigs. The finding of the novel A/H1N1 influenza virus in a swine herd in Canada is the first reported possible case of human-to-animal transmission of this particular new virus subtype. However, the importance of these findings is still to be fully understood and assessed by the scientific community once sufficient scientific data are made available.
(5)
The investigation of infection dynamics, pathogenesis, host susceptibility and transmissibility of the current novel A/H1N1 influenza virus in different animal species, and in particular in pigs is essential for providing the necessary scientific evidence for a veterinary risk assessment. A key output from the study will be the development of a ‘toolkit’ of reagents and materials for laboratory diagnosis.
(6)
These investigations should be incorporated into the 2009 annual work programme of the CRL for avian influenza which has already developed models for studying infection parameters and performed some testing with influenza viruses from a variety of sources. Complementary investigations will utilise pigs, and, through a combination of multi-factorial measurements will aim at providing evidence for susceptibility and potential consequences of infection of pigs with the novel A/H1N1 influenza virus. All experiments (both on animals and in laboratory) will be carried under strict respect of biosafety and biocontainment conditions already applied at the CRL for avian influenza.
(7)
Regulation (EC) No 1754/2006 provides that the financial assistance from the Community is to be granted if the approved work programmes are efficiently carried out and the beneficiaries supply all the necessary information within certain time limits.
(8)
The Commission has assessed the amended complementary work programme and corresponding amended budget estimates submitted by the CRL for avian influenza.
(9)
Accordingly, an additional Community financial assistance should be granted to the CRL for avian influenza to carry out the complementary investigations on the novel A/H1N1 influenza virus.
(10)
In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (5), animal disease eradication and control programmes (veterinary measures) shall be financed from the European Agricultural Guarantee Fund (EAGF). Furthermore, Article 13, second paragraph of that Regulation foresees that in duly justified exceptional cases, for measures and programmes covered by Council Decision 90/424/EEC (6), expenditure relating to administrative and personnel costs incurred by Member States and beneficiaries of aid from the EAGF shall be borne by the Fund and in this case the expenditure proposed qualifies as justified. For financial control purposes, Articles 9, 36 and 37 of Regulation (EC) No 1290/2005 are to apply.
(11)
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
In the second paragraph of Article 13 of Decision 2008/965/EC ‘EUR 400 000’ is replaced by ‘EUR 530 000’.
Article 2
This Decision is addressed to Veterinary Laboratories Agency (VLA) Weybridge, New Haw, Addlestone, Surrey, KT15 3NB, United Kingdom; Mr Ian Brown, tel. +44 1932 35 73 39.
Done at Brussels, 31 July 2009. | [
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COUNCIL REGULATION (EC) No 66/1999 of 18 December 1998 laying down for 1999 certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the North West Atlantic Fisheries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8(4) thereof,
Having regard to Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (2), and in particular Article 7(2) thereof,
Having regard to the proposal from the Commission,
Whereas by Decision 98/392/EC (3), the United Nations' Convention on the Law of the Sea, which contains principles and rules relating to the conservation and management of the living resources within the exclusive economic zones of the coastal States and on the high seas was approved by the Community;
Whereas the Convention on Future Multilateral Cooperation in the North West Atlantic Fisheries, hereinafter referred to as the NAFO Convention, was approved by the Council in Regulation (EEC) No 3179/78 (4) and entered into force on 1 January 1979; whereas the Regulatory Area as defined consists of that part of the Convention Area which lies beyond the areas in which coastal States exercise fisheries jurisdiction;
Whereas the NAFO Convention establishes a suitable framework for the rational conservation and management of the fishery resources of the Regulatory Area with a view to achieving the optimum utilisation thereof; whereas, to this end, the Contracting Parties undertake to carry out joint measures;
Whereas the Northwest Atlantic Fisheries Organisation, hereafter referred to as NAFO, held its annual meeting from 14 to 18 September 1998 and, on that occasion, adopted recommendations for conservation and management measures in the Regulatory Area for 1999; whereas it is appropriate that these recommendations be implemented by the Community;
Whereas, in the light of the available scientific advice, the catches of certain species in certain parts of the Regulatory Area should be limited; whereas, in accordance with Article 8 of Regulation (EEC) No 3760/92, it falls to the Council to establish the total allowable catches (TACs) by stock or group of stocks, the share available for the Community and the specific conditions under which catches must be made and to allocate the share available to the Community among the Member States;
Whereas, in order to ensure the conservation of fishery resources and their balanced exploitation, technical conservation measures must be defined, inter alia, for mesh sizes, the level of by-catches, authorised fish sizes and processed length equivalents;
Whereas in order to ensure sound management of the shrimp stock in NAFO area 3M, a system of fishing effort control should be maintained;
Whereas in order to ensure the conservation of the Greenland halibut stock, provisions should be made for the communication of effort plans for this fishery;
Whereas to enable controls to be carried out on catches from the Regulatory Area while supplementing the monitoring measures provided for in Regulation (EEC) No 2847/93 (5) certain specific control measures are to be defined, inter alia, for the declaration of catches, the communication of information, the holding of non-authorised nets and information and assistance relating to the storage and processing of catches;
Whereas, within NAFO, the relevant TAC and quotas have been established on an annual basis and may not be exceeded and, therefore, they may not be subject to the provisions of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (6);
Whereas, for imperative reasons of common interest, this Regulation shall apply from 1 January 1999,
HAS ADOPTED THIS REGULATION:
Article 1 Scope
1. Community vessels operating in the Regulatory Area and retaining on board fish from resources of that area shall do so in furtherance of the objectives and principles of the NAFO Convention.
2. With a view to ensuring through the joint action of the Contracting Parties the rational conservation and management of the fishery resources of the Regulatory Area for the purpose of achieving the optimum utilisation thereof, this Regulation lays down:
- limits on catches;
- technical conservation measures;
- international control measures;
- provisions relating to the processing and transmission of certain scientific and statistical data.
Article 2 Community participation
Member States shall forward to the Commission a list of all vessels registered in their ports or flying their flag which intend to take part in the fishing activities in the Regulatory Area not later than 20 January 1999 or, thereafter, at least 30 days before the intended commencement of such activity. The information forwarded shall include:
(a) name of vessel;
(b) official registration number of the vessel assigned by the competent national authorities;
(c) home port of the vessel;
(d) name of owner or charterer of the vessel;
(e) a declaration that the master has been provided with a copy of the regulations in force in the Regulatory Area;
(f) the principal species fished by the vessel in the Regulatory Area;
(g) the sub-areas where the vessel may be expected to fish.
Article 3 Limits on catches
Catches in 1999 of the species set out in Annex I hereto by fishing vessels registered in the ports of Member States or flying their flag shall be limited, within the divisions of the Regulatory Area referred to in that Annex, to the quotas set out therein.
Article 4 Management measures for shrimp
Fishing in 1999 for shrimp (Pandalus borealis) in division 3M of the Regulatory Area shall be subject to the limitations and conditions set out in Annex II.
Article 5 Greenland halibut fishery
Member States shall inform the Commission of the fishing plan for their vessels fishing for Greenland halibut in the Regulatory Area not later than 20 January 1999 or, thereafter, at least 30 days before the intended commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in this fishery. The fishing plan shall represent the total fishing effort to be deployed with respect to this fishery in relation to the extent of the fishing opportunities available to the Member State making the notification.
Member States shall, no later than 31 December 1999, report to the Commission on the implementation of their fishing plans, including the number of vessels actually engaged in this fishery and the total number of days fished.
Article 6 Redfish fishery
Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught by their vessels in division 3M of the Regulatory Area.
Article 7 Technical measures
1. Mesh sizes
The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the species referred to in Annex III hereto. This mesh size shall be reduced to 60 mm for direct fishing of short-finned squid.
Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.
2. Attachments to nets
The use of any means or device other than those described in this paragraph which obstructs the meshes of a net or which diminishes their size shall be prohibited.
Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.
Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end. The use of top-side chafers shall be limited to those mentioned in Annex IV hereto.
Vessels fishing for shrimp (Pandalus borealis) shall use sorting grids or grates with a maximum spacing between bars of 22 mm.
3. By-catches
By-catches of the species listed in Annex I for which no quotas have been fixed by the Community for a part of the Regulatory Area and taken in that part when fishing directly for:
- one or more of the species listed in Annex I, or
- one or more of species other than those listed in Annex I,
may not exceed for each species on board 2 500 kg or 10 % by weight of all fish on board, whichever is the greater. However, in a part of the Regulatory Area where direct fishing of certain species is banned, by-catches of each of the species listed in Annex I may not exceed 1 250 kg or 5 % respectively.
For vessels fishing for shrimp (Pandalus borealis), in the event that total by-catches of all species listed in Annex I, in any haul exceed 5 % by weight, vessels shall immediately change fishing area (minimum 5-nautical-miles) in order to seek to avoid further by-catches of this species.
4. Minimum size of fish
Fish from the Regulatory Area which do not have the size required as set out in Annex V may not be processed, retained on board, transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea. Where the quantity of caught fish not having the required size exceeds in certain fishing waters 10 % of the total quantity, the vessel must move away to a distance of at least 5-nautical-miles before continuing fishing. Any processed fish of a species for which a minimum fish size is set out in Annex V that is below a length equivalent set out in Annex VI, shall be deemed to originate from fish that is below the minimum fish size.
Article 8 Control measures
1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the logbook the information listed in Annex VII hereto.
In complying with Article 15 of Regulation (EEC) No 2847/93, Member States shall also inform the Commission of catches of species not subject to quota.
2. When fishing directly for one or more of the species listed in Annex III, vessels may not carry nets the mesh size of which is smaller than that laid down in Article 7(1). However, vessels fishing in the course of the same voyage in areas other than the Regulatory Area may keep such nets on board provided that these nets are securely lashed and stowed and are not available for immediate use, that is to say:
(a) nets shall be unshackled from their boards and their hauling or trawling cables and ropes;
(b) nets carried on or above the deck must be lashed securely to a part of the superstructure.
3. The masters of fishing vessels flying the flag of a Member State or registered in one of its ports shall, in respect of catches of the species listed in Annex I, keep:
(a) a logbook stating, by species and by processed product, the aggregate output; or
(b) a storage plan, by species, of products processed, indicating where they are located in the hold.
4. The captains of Community vessels, fishing for redfish in zone 3M, shall notify every second Monday to the competent authorities of the Member State, whose flag the vessel is flying or in which the vessel is registered, the quantities of redfish caught in zone 3M in the two-week period ending at 24.00 hours the previous Sunday.
Masters of vessels must provide the necessary assistance to enable the quantities declared in the logbook and the processed products stored on board to be verified.
5. Community vessels shall not engage in transhipment operations in the Regulatory Area unless they have received prior authorisation to do so from the competent authorities of the Member States whose flag the vessel is flying or in which the vessel is registered.
Article 9 Statistical and scientific data
1. In order to secure advice on localized and seasonal concentrations of juvenile American plaice and yellowtail flounder in division 3LNO of the Regulatory Area:
(a) Member States shall provide, based upon the relevant entries in the logbook, as provided for by Article 8(1), nominal catch and discard statistics, broken down by unit areas no larger than 1° latitude and 1° longitude, summarized on a monthly basis;
(b) length sampling shall be provided for both nominal catches and discards, with a sampling intensity on the same scale as adopted in (a) and summarised on a monthly basis.
2. In order to assess the effects of cod by-catches in the redfish and flatfish fisheries on the Flemish Cap:
(a) Member States shall supply, based upon the relevant entries in the logbook as provided for by Article 8(1), statistics on discards of cod taken in the redfish and flatfish fisheries in the above area, in addition to the normal reports, summarised on a monthly basis;
(b) length samples of cod taken in the redfish and flatfish fisheries in the above area, shall be provided for the two components separately, with depth information accompanying each sample, summarised on a monthly basis.
3. Length samples shall be taken from all parts of the respective catch of each species concerned in such a manner that at least one statistically significant sample is taken from the first haul taken each day. The size of a fish shall be measured from the tip of the snout to the end of the tail fin.
For the purposes set out in paragraphs 1 and 2, length samples taken as described in this Regulation shall be deemed to be representative of all catches of the species concerned.
Article 10
Fishing quotas referred to in Annex I shall not be subject to the conditions laid down in Articles 2, 3 and 5(2) of Regulation (EC) No 847/96.
Article 11
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 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1998. | [
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COMMISSION DECISION
of 22 November 2007
on the conclusion of Agreements in the form of Exchange of Letters between the European Atomic Energy Community (Euratom) and the Swiss Confederation (Switzerland) on the application of the ITER Agreement, the Agreement on Privileges and Immunities for ITER and the Broader Approach Agreement to the territory of Switzerland and on Switzerland’s membership in the European Joint Undertaking for ITER and the Development of Fusion Energy
(2008/72/Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the third paragraph of Article 101 thereof,
Having regard to Council Decision 2006/976/Euratom (1) of 19 December 2006 concerning the Specific Programme implementing the Seventh Framework Programme of the European Atomic Energy Community for nuclear research and training activities,
Having regard to Council Decision of 25 September 2006 concerning the conclusion, by the Commission, of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project (the ITER Agreement), of the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project (the Agreement on Privileges and Immunities for ITER),
Having regard to Council Decision 2007/614/Euratom of 30 January 2007 (2) concerning the conclusion, by the Commission, of the Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research (the Broader Approach Agreement),
Having regard to Council Decision 2007/198/Euratom of 27 March 2007 (3) establishing the European Joint Undertaking for ITER and the Development of Fusion Energy (the Joint Undertaking) and conferring advantages upon it (Decision 2007/198/Euratom),
Having regard to the Cooperation Agreement between the European Atomic Energy Community and the Swiss Confederation in the field of controlled thermonuclear fusion and plasma physics (4),
Whereas:
(1)
The ITER Agreement, the Agreement on Privileges and Immunities for ITER and the Broader Approach Agreement provide that they also apply to the territory of the Swiss Confederation, participating in the Euratom fusion programme as fully associated third State, in accordance with the Euratom Treaty or relevant agreement.
(2)
The Decision 2007/198/Euratom and the Statutes attached to the former (the Statutes) foresee the membership of third countries in the Joint Undertaking which have concluded a cooperation agreement with Euratom in the field of controlled nuclear fusion that associates their respective research programmes with the Euratom programmes and which have expressed their wish to become Members of the Joint Undertaking.
(3)
Annex I to the Statutes already provides for voting rights of Switzerland in the Governing Board of the Joint Undertaking as its Member.
(4)
Switzerland that contributes substantially to the Euratom programme in fusion energy research formally expressed its intention to become a member of the Joint Undertaking for an initial period of duration of the 7th Framework programme of Euratom.
(5)
It is in the interest of the Community to formally agree with Switzerland the application of the ITER Agreement, the Agreement on Privileges and Immunities for ITER and the Broader Approach Agreement to the territory of Switzerland and the modalities of Switzerland’s membership in the Joint Undertaking,
HAS DECIDED AS FOLLOWS:
Article 1
1. The conclusion of the Agreement in the form of Exchange of Letters between the European Atomic Energy Community and the Swiss Confederation on the application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the joint implementation of the ITER Project, the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project and the Agreement between Euratom and the Government of Japan for the joint implementation of the Broader Approach Activities in the field of fusion energy research to the territory of the Swiss Confederation is hereby approved on behalf of the Community.
2. The text of the Agreement is attached to this Decision as Annex I.
Article 2
1. The conclusion of the Agreement in the form of Exchange of Letters between the European Atomic Energy Community and the Swiss Confederation on Switzerland’s membership in the Joint Undertaking for ITER and the Development of Fusion Energy is hereby approved on behalf of the Community.
2. The text of the Agreement is attached to this Decision as Annex II.
Article 3
The Commissioner responsible for Research or a person designated by him is hereby authorised to sign the respective letters referred to in Article 1 and 2 on behalf of the Community.
Done at Brussels, 22 November 2007. | [
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Commission Decision
of 25 March 2002
amending Decision 93/198/EEC laying down a model for the animal health conditions and veterinary certification for the import of domestic ovine and caprine animals from third countries and amending Annex E of Council Directive 91/68/EEC laying down the animal health conditions governing intra-Community trade in ovine and caprine animals
(notified under document number C(2002) 1178)
(Text with EEA relevance)
(2002/261/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC(1) of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals, and swine, fresh meat and meat products from third countries, as last amended by Regulation (EC) No 1452/2001(2) and in particular Article 8 and 11 thereof,
Having regard to Council Directive 91/68/EEC, laying down the animal health conditions governing intra-Community trade in ovine and caprine animals(3), as last amended by Council Directive 2001/10/EC(4) and in particular Article 14 thereof,
Whereas:
(1) Commission Decision 93/198/EEC(5), as last amended by Decision 97/231/EC(6), lays down the animal health conditions and veterinary certification for imports of domestic ovine and caprine animals.
(2) Regulation (EC) No 999/2001 of the European Parliament and the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(7), as last amended by Commission Regulation (EC) No 1326/2001(8) requires that ovine and caprine animals for breeding to be imported from a third country must satisfy similar conditions as required inside the Community.
(3) Therefore, the conditions laid down in the health certificates for intra-Community trade and imports from third countries of breeding sheep and goats must be amended to reflect these new Community requirements.
(4) It is opportune to update and harmonise with the requirements laid down for other species the certificates for imports of all categories of sheep and goats.
(5) The annexes to Council Directive 91/68/EEC and Decision 93/198/EEC must be amended accordingly.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Annex I, Parts 1(a) and 1(b), and Annex II, Parts 1(a) and 1(b), to Decision 93/198/EEC are replaced by the corresponding parts in Annex I to this Decision.
Article 2
Model III in Annex E to Directive 91/68/EEC is replaced by Annex II to this Decision.
Article 3
This Decision shall come into effect after 30 days from its publication in the Official Journal of the European Communities.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 25 March 2002. | [
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COMMISSION REGULATION (EC) No 2387/94 of 30 September 1994 establishing the supply balance for the Canary Islands in products of the pigmeat sector for the period 1 October to 30 November 1994 and amending Regulation (EEC) No 1724/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 introducing specific measures for the Canary Islands concerning certain agricultural products (1), as amended by Commission Regulation (EEC) No 1974/93 (2), and in particular Articles 3 (4) and 4 (4) thereof,
Whereas Commission Regulation (EEC) No 1724/92 of 30 June 1992 laying down detailed implementing rules for the specific measures for supplying the Canary Islands with products from the pigmeat sector (3), as last amended by Regulation (EC) No 1587/94 (4), fixes for the period 1 July to 30 September 1994, on the one hand, the quantities of products from the pigmeat sector of the forecast supply balance which benefit from an exemption in respect of the levy on direct imports from third countries or from Community aid, and on the other hand, the quantities of pure-bred breeding animals originating in the Community which benefit from an aid with a view to developing the potential for production in the archipelago of the Canaries;
Whereas, pending the conclusions to be reached in examining complementary information supplied by the competent authorities, and in order to ensure continuity of the specific supply arrangements, the quantities of pure-bred breeding animals in receipt of the aid should be established, for a new period limited to two months, on the basis of the quantities determined for the 1993/94 marketing year;
Whereas the amounts supplying for the Canary Islands with pigmeat products, as set out in the aforementioned Annex, are determined on the basis of the criteria for fixing Community aid in the present market situation of the sector in question and, in particular, in the light of the price of such products on the European territory of the Community and on the world market;
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
Annexes I, II and III to Regulation (EEC) No 1724/92 are replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 October 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 September 1994. | [
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COUNCIL REGULATION (EC) No 1176/2008
of 27 November 2008
amending Council Regulation (EC) No 713/2005 imposing a definitive countervailing duty on imports of certain broad spectrum antibiotics originating in India
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 15 and 19 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
I. Previous investigation and existing measures
(1)
The Council, by Regulation (EC) No 713/2005 (2), imposed a definitive countervailing duty on imports of certain broad spectrum antibiotics, namely amoxicillin trihydrate, ampicillin trihydrate and cefalexin not put up in measured doses or in forms or packings for retail sale (the product concerned) falling within CN codes ex 2941 10 10, ex 2941 10 20 and ex 2941 90 00 originating in India. The rate of the duty ranges between 17,3 % and 30,3 % for individually named exporters with a residual duty rate of 32 % imposed on imports from other exporters.
II. Initiation of a partial interim review
(2)
Following the imposition of the definitive countervailing duty, the Government of India (GOI) made submissions that the circumstances with regard to two subsidy schemes (the Duty Entitlement Passbook Scheme and the Income Tax Exemption under Section 80 HHC of the Income Tax Act) have changed and that these changes are of a lasting nature. Consequently, it was argued that the level of subsidisation was likely to have decreased and thus measures that had been established partly on these schemes should be revised.
(3)
The Commission examined the evidence submitted by the GOI and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 19 of the basic Regulation. After consultation of the Advisory Committee, the Commission initiated by a notice published in the Official Journal of the European Union (3), an ex-officio partial interim review of Regulation (EC) No 713/2005.
(4)
The purpose of the partial interim review investigation is to assess the need for the continuation, removal or amendment of the existing measures in respect of those companies which benefited from one or both the changed subsidy schemes where sufficient evidence was provided in line with the relevant provisions of the notice of initiation. The partial interim review investigation would also assess the need, depending on the review findings, to revise the measures applicable to other companies that cooperated in the investigation that set the level of the existing measures and/or the residual measure applicable for all other companies.
III. Investigation period
(5)
The investigation covered the period from 1 April 2006 to 31 March 2007 (‘the review investigation period’ or ‘RIP’).
IV. Parties concerned by the investigation
(6)
The Commission officially informed the GOI and those Indian exporting producers who cooperated in the previous investigation, were mentioned under Regulation (EC) No 713/2005 and were listed in the notice of initiation of the partial interim review, that were found to benefit from any of the two allegedly changed subsidy schemes, as well as the Community producers of the initiation of the partial interim review investigation. Interested parties had the opportunity to make their views known in writing and to request a hearing. The written and oral comments submitted by the parties were considered and, where appropriate, taken into account.
(7)
In view of the apparent number of parties involved in this review, the use of sampling techniques for the investigation of subsidisation was envisaged in accordance with Article 27 of the basic Regulation.
(8)
Only two exporting producers made themselves known and provided the information requested for sampling. Therefore, the use of sampling techniques was not considered necessary.
(9)
However, one of the aforesaid exporting producers stated in its sampling reply that it did not receive benefits under the two allegedly changed subsidy schemes (i.e. the Duty Entitlement Passbook Scheme and the Income Tax Exemption under Section 80 HHC of the Income Tax Act) during either the investigation period that led to the measures in force or the RIP. Moreover, this company did not cooperate in the original investigation, and no particular need was identified to adapt the residual measure applicable to all other companies, including this one. Thus, the company did not fulfil the eligibility provisions of the scope of the partial interim review investigation as set out in point 4 of the notice of initiation and could not therefore participate in this review investigation. The company in question was informed accordingly.
(10)
The Commission sent questionnaires to the sole cooperating exporting producer which was eligible for this review (Ranbaxy Laboratories Ltd) and to the GOI. Replies were received from both that producer and the GOI.
(11)
The Commission sought and verified all information it deemed necessary for the determination of subsidisation. Verification visits were carried out at the premises of the following interested parties:
1.
Government of India
Ministry of Commerce, New Delhi;
2.
exporting producers in India
Ranbaxy Laboratories Ltd, New Delhi.
V. Disclosure and comments on procedure
(12)
The GOI and the other interested parties were informed of the essential facts and considerations upon which it was intended to propose to amend the duty rate applicable to the sole cooperating Indian producer and prolong existing measures for all other companies which did not cooperate with this partial interim review. They were also given a reasonable time to comment. All submissions and comments were taken duly into consideration as set out below.
B. PRODUCT CONCERNED
(13)
The product covered by this review is the same product as the one concerned by Regulation (EC) No 713/2005, namely amoxicillin trihydrate, ampicillin trihydrate and cefalexin not put up in measured doses or in forms or packings for retail sale falling within CN codes ex 2941 10 10, ex 2941 10 20 and ex 2941 90 00 originating in India.
C. SUBSIDIES
I. Introduction
(14)
On the basis of the information submitted by the GOI and the sole cooperating exporting producer and the replies to the Commission’s questionnaire, the following schemes, which allegedly involve the granting of subsidies, were investigated:
(a)
Advance Authorisation Scheme (formerly known as Advance Licence Scheme);
(b)
Duty Entitlement Passbook Scheme;
(c)
Export Promotion Capital Goods Scheme;
(d)
Focus Market Scheme;
(e)
Income Tax Schemes:
-
Export Income Tax Exemption Scheme,
-
Income Tax Incentive for Research and Development;
(f)
Export Credit Scheme.
(15)
The schemes (a) to (d) specified above are based on the Foreign Trade (Development and Regulation) Act 1992 (No 22 of 1992) which entered into force on 7 August 1992 (Foreign Trade Act). The Foreign Trade Act authorises the GOI to issue notifications regarding the export and import policy. These are summarised in ‘Export and Import Policy’ documents, which are issued by the Ministry of Commerce every five years and updated regularly. One Export and Import Policy document is relevant to the RIP of this case; i.e. the five-year plan relating to the period 1 September 2004 to 31 March 2009 (EXIM policy 04-09). In addition, the GOI also sets out the procedures governing the EXIM policy 04-09 in a ‘Handbook of Procedures - 1 September 2004 to 31 March 2009, Volume I’ (HOP I 04-09). The Handbook of Procedure is also updated on a regular basis.
(16)
The Income Tax Schemes specified above under (e) are based on the Income Tax Act of 1961, which is amended yearly by the Finance Act.
(17)
The Export Credit Scheme specified above under (f) is based on sections 21 and 35A of the Banking Regulation Act 1949, which allow the Reserve Bank of India (RBI) to direct commercial banks in the field of export credits.
(18)
In accordance with Article 11(10) of the basic Regulation, the Commission invited the GOI for additional consultations with respect to both changed and unchanged schemes with the aim of clarifying the factual situation as regards the alleged schemes and arriving at a mutually agreed solution. Following these consultations, and in the absence of a mutually agreed solution in relation to these schemes, the Commission included all these schemes in the investigation of subsidisation.
II. Specific schemes
1. Advance Authorisation Scheme (AAS)
(a) Legal basis
(19)
The detailed description of the scheme is contained in paragraphs 4.1.1 to 4.1.14 of the EXIM policy 04-09 and chapters 4.1 to 4.30 of the HOP I 04-09. This scheme was called Advance Licence Scheme during the previous review investigation that led to the imposition by Regulation (EC) No 713/2005 of the definitive countervailing duty currently in force.
(b) Eligibility
(20)
The AAS consists of six sub-schemes, as described in more detail in recital 21. Those sub-schemes differ, inter alia, in the scope of eligibility. Manufacturer-exporters and merchant-exporters ‘tied to’ supporting manufacturers are eligible for the AAS physical exports and for the AAS for annual requirement. Manufacturer-exporters supplying the ultimate exporter are eligible for AAS for intermediate supplies. Main contractors which supply to the ‘deemed export’ categories mentioned in paragraph 8.2 of the EXIM policy 04-09, such as suppliers of an export oriented unit (EOU), are eligible for AAS deemed export. Eventually, intermediate suppliers to manufacturer-exporters are eligible for ‘deemed export’ benefits under the sub-schemes Advance Release Order (ARO) and back-to-back inland letter of credit.
(c) Practical implementation
(21)
Advance authorisations can be issued for:
(i)
physical exports: this is the main sub-scheme. It allows for duty-free import of input materials for the production of a specific resultant export product. ‘Physical’ in this context means that the export product has to leave Indian territory. An import allowance and export obligation including the type of export product are specified in the authorisation;
(ii)
annual requirement: such an authorisation is not linked to a specific export product, but to a wider product group (e.g. chemical and allied products). The authorisation holder can - up to a certain value threshold set by its past export performance - import duty free any input to be used in manufacturing any of the items falling under such a product group. It can choose to export any resultant product falling under the product group using such duty-exempt material;
(iii)
intermediate supplies: this sub-scheme covers cases where two manufacturers intend to produce a single export product and divide the production process. The manufacturer-exporter who produces the intermediate product can import duty-free input materials and can obtain for this purpose an AAS for intermediate supplies. The ultimate exporter finalises the production and is obliged to export the finished product;
(iv)
deemed exports: this sub-scheme allows a main contractor to import inputs free of duty which are required in manufacturing goods to be sold as ‘deemed exports’ to the categories of customers mentioned in paragraph 8.2(b) to (f), (g), (i) and (j) of the EXIM policy 04-09. According to the GOI, deemed exports refer to those transactions in which the goods supplied do not leave the country. A number of categories of supply is regarded as deemed exports provided the goods are manufactured in India, e.g. supply of goods to an EOU or to a company situated in a special economic zone (SEZ);
(v)
ARO: the AAS holder intending to source the inputs from indigenous sources, in lieu of direct import, has the option to source them against AROs. In such cases the Advance Authorisations are validated as AROs and are endorsed to the indigenous supplier upon delivery of the items specified therein. The endorsement of the ARO entitles the indigenous supplier to the benefits of deemed exports as set out in paragraph 8.3 of the EXIM policy 04-09 (i.e. AAS for intermediate supplies/deemed export, deemed export drawback and refund of terminal excise duty). The ARO mechanism refunds taxes and duties to the supplier instead of refunding the same to the ultimate exporter in the form of drawback/refund of duties. The refund of taxes/duties is available both for indigenous inputs as well as imported inputs;
(vi)
back-to-back inland letter of credit: this sub-scheme again covers indigenous supplies to an Advance Authorisation holder. The holder of an Advance Authorisation can approach a bank for opening an inland letter of credit in favour of an indigenous supplier. The authorisation will be invalidated by the bank for direct import only in respect of the value and volume of items being sourced indigenously instead of importation. The indigenous supplier will be entitled to the forecast export benefits as set out in paragraph 8.3 of the EXIM policy 04-09 (i.e. AAS for intermediate supplies/deemed export, deemed export drawback and refund of terminal excise duty).
It was established that during the RIP the cooperating exporter only obtained concessions under two sub-schemes linked to the product concerned, i.e. (i) AAS physical exports and (ii) AAS for intermediate supplies. It is therefore not necessary to establish the countervailability of the remaining unused sub-schemes.
(22)
Following the imposition by Regulation (EC) No 713/2005 of the definitive countervailing duty currently in force, the GOI has modified the verification system applicable to AAS. In concrete terms, for verification purposes by the Indian authorities, an Advance Authorisation holder is legally obliged to maintain ‘a true and proper account of consumption and utilisation of duty-free imported/domestically procured goods’ in a specified format (chapters 4.26, 4.30 and Appendix 23 HOP I 04-09), i.e. an actual consumption register. This register has to be verified by an external chartered accountant/cost and works accountant who issues a certificate stating that the prescribed registers and relevant records have been examined and the information furnished under Appendix 23 is true and correct in all respects. Nevertheless, the aforesaid provisions apply only to Advance Authorisations issued on or after 13 May 2005. For all Advance Authorisations or Advance Licences issued before that date, holders are requested to follow the previously applicable verification provisions, i.e. to keep a true and proper account of licence-wise consumption and utilisation of imported goods in the specified format of Appendix 18 (chapter 4.30 and Appendix 18 HOP I 02-07).
(23)
With regard to the sub-schemes used during the RIP by the sole cooperating exporting producer, i.e. physical exports and intermediate supplies, both the import allowance and the export obligation are fixed in volume and value by the GOI and are documented on the authorisation. In addition, at the time of import and of export, the corresponding transactions are to be documented by government officials on the authorisation. The volume of imports allowed under this scheme is determined by the GOI on the basis of standard input-output norms (SIONs). SIONs exist for most products including the product concerned and are published in the HOP II 04-09. Following the imposition by Council Regulation (EC) No 713/2005 of the definitive countervailing duty currently in force, SION norms for the product concerned were only applicable up to September 2005. New norms were issued in September 2006 (for amoxicillin trihydrate) and April 2007 (for ampicillin trihydrate and cefalexin). In the meantime, ad-hoc norms applied.
(24)
Imported input materials are not transferable and have to be used to produce the resulting export product. The export obligation must be fulfilled within a prescribed time-frame after issuance of the authorisation (24 months with two possible extensions of six months each).
(25)
The review investigation established that raw materials were imported under different authorisations/licences and different SION norms and then were mixed and physically incorporated in the production process of the same exported good. Account taken of the above, it was not possible to establish whether SION norm requirements, stipulated under specific authorisations/licences, with respect to duty-free input materials exceed the material needed to produce the reference quantity of the resulting export product.
(26)
The review investigation also established that the verification requirements stipulated by the Indian authorities were either not honoured or not yet tested in practice. For Advance Licences issued before 13 May 2005 the necessary actual consumption and stock registers (i.e. Appendix 18) did not exist. For Advance Authorisations issued after 13 May 2005 the necessary actual consumption and stock registers were used but GOI had not yet verified the compliance of these registers with EXIM policy requirements. In the latter case, the registers were only verified by an external chartered accountant as required by the relevant Indian legislation mentioned under recital 22. Nevertheless, there were no records kept either by the company or by the chartered accountant on how this certification process took place. There was no audit plan or any other supporting material of the audit performed, no recorded information on the methodology used and the specific requirements needed for such scrupulous work that requires detailed technical knowledge on production processes, EXIM policy requirements and accounting procedures. Account taken of this situation, it is considered that the investigated exporter was not able to demonstrate that the relevant EXIM provisions were met.
(d) Disclosure comments
(27)
The sole cooperating producer submitted comments on the AAS. The company claimed that despite the situation described under recital 24 it was possible to establish whether SION norm requirements stipulated under specific authorisations exceed the materials needed to produce the reference quantity of the resulting export product and that the company maintained actual consumption records in highly meticulous manner. In this respect it is noted that the actual production records confirmed that it was not possible to establish a reliable benchmark per given authorisation (i.e. materials needed to produce the reference quantity) account taken of the various applicable SION norms and the incoherent mixture of raw materials used for production. Furthermore, raw materials covered by the scheme were found to be used for products other than the product concerned. Thus, making virtually impossible any attempt to calculate yield results for the product under investigation. Moreover, the company did not keep, in breach of the relevant GOI provisions, the per EXIM policy requested consumption record (i.e. Appendix 18) which purpose is to provide a comprehensible way of monitoring and verifying actual consumption. The company also claimed that Article 26(1) of the basic Regulation does not empower the Commission to examine the records of the independent chartered accountant. According to the company, the certificate has to be accepted unless there are grounds to believe that the chartered accountant has made a false certification. In this respect it is recalled that the verification process performed by the chartered accountant and the issuing of the relevant certificate form part of the verification system introduced by the GOI in its EXIM policy, as described under recital 22. The Commission was therefore obliged to examine whether the aforesaid verification system was effectively applied. Furthermore, in line with the provisions of Article 11(8) of the basic Regulation, the Commission had to examine the information supplied during the course of the investigation upon which findings are based.
The fact that neither the company nor the assigned chartered account hold any record on the checks performed in order to issue the EXIM policy stipulated certificate demonstrates that the company was not in a position to prove that the relevant EXIM policy provisions were met. The company disputed the fact that GOI has not yet verified the compliance of its registers with EXIM policy requirements but did not provide any concrete evidence on its claim. It was also argued that the actual consumption of the sole cooperating producer had been higher than the SION norms for every input and that there was no excess remission of duties. Nevertheless, account taken of the actual situation found on the spot (i.e. mixture of inputs and produced products, use of different SION norms, lack of the by EXIM policy stipulated actual consumption registers) and pending the fulfilment of the necessary final verification steps by the GOI, any calculation with respect to actual consumption and consequent excess remission of duties per authorisation/license and SION norm was not feasible. Therefore, all the aforesaid claims had to be rejected. Finally, the company provided comments on a computation error which was considered warrant and was acknowledged in the calculation of the subsidy amount.
(e) Conclusion
(28)
The exemption from import duties is a subsidy within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation, i.e. a financial contribution of the GOI which conferred a benefit upon the investigated exporter.
(29)
In addition, AAS physical exports and AAS for intermediate supply are clearly contingent in law upon export performance, and therefore deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation. Without an export commitment a company cannot obtain benefits under these schemes.
(30)
None of the two sub-schemes used in the present case can be considered as permissible duty drawback systems or substitution drawback systems within the meaning of Article 2(1)(a)(ii) of the basic Regulation. They do not conform to the rules laid down in Annex I point (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) of the basic Regulation. The GOI did not effectively apply its verification system or procedure to confirm whether and in what amounts inputs were consumed in the production of the exported product (Annex II(II)(4) of the basic Regulation and, in the case of substitution drawback schemes, Annex III(II)(2) of the basic Regulation). The SIONs themselves cannot be considered a verification system of actual consumption, since duty-free input materials imported under authorisations/licences with different SION yields are mixed in the same production process for an exporting good. This type of process does not enable the GOI to verify with sufficient precision what amounts of inputs were consumed in the export production and under which SION benchmark they should be compared. Furthermore, an effective control done by the GOI based on a correctly kept actual consumption register either did not take place or has not yet been completed. In addition, the GOI did not carry out a further examination based on actual inputs involved, although this would normally need to be carried out in the absence of an effectively applied verification system (Annex II(II)(5) and Annex III(II)(3) to the basic Regulation). Finally, the involvement of chartered accountants in the verification process has not led to the improvement of the verification system as no detailed rules exist on how chartered accountants should perform the entrusted tasks and the information presented during the investigation could not warrant the fulfilment of the aforesaid rules laid down under the basic Regulation.
(31)
These two sub-schemes are therefore countervailable.
(f) Calculation of the subsidy amount
(32)
In the absence of permitted duty drawback systems or substitution drawback systems, the countervailable benefit is the remission of total import duties normally due upon importation of inputs. In this respect, it is noted that the basic Regulation does not only provide for the countervailing of an ‘excess’ remission of duties. According to Article 2(1)(a)(ii) and Annex I(i) of the basic Regulation only an excess remission of duties can be countervailed, provided the conditions of Annexes II and III of the basic Regulation are met. However, these conditions were not fulfilled in the present case. Thus, if an absence of an adequate monitoring process is established, the above exception for drawback schemes is not applicable and the normal rule of the countervailing of the amount of (revenue forgone) unpaid duties, rather than any purported excess remission, applies. As set out in Annexes II(II) and III(II) of the basic Regulation the burden is not upon the investigating authority to calculate such excess remission. To the contrary, according to Article 2(1)(a)(ii) of the basic Regulation it only has to establish sufficient evidence to refute the appropriateness of an alleged verification system.
(33)
The subsidy amount for the exporter which used the AAS was calculated on the basis of import duties forgone (basic customs duty and special additional customs duty) on the material imported under the two sub-schemes used for the product concerned during the RIP (nominator). In accordance with Article 7(1)(a) of the basic Regulation, fees necessarily incurred to obtain the subsidy were deducted from the subsidy amount where justified claims were made. In accordance with Article 7(2) of the basic Regulation, this subsidy amount has been allocated over the export turnover generated by the product concerned during the RIP as appropriate denominator, because the subsidy is contingent upon export performance and was not granted by reference to the quantities manufactured, produced, exported or transported.
(34)
The subsidy rate established in respect of this scheme during the RIP for the sole cooperating producer amounts to 8,2 %.
2. Duty Entitlement Passbook Scheme (DEPBS)
(a) Legal Basis
(35)
The detailed description of the DEPBS is contained in paragraph 4.3 of the EXIM policy 04-09 and in chapter 4 of the HOP I 04-09.
(b) Eligibility
(36)
Any manufacturer-exporter or merchant-exporter is eligible for this scheme.
(c) Practical implementation of the DEPBS
(37)
An eligible exporter can apply for DEPBS credits which are calculated as a percentage of the value of products exported under this scheme. Such DEPBS rates have been established by the Indian authorities for most products, including the product concerned. They are determined on the basis of SIONs, taking into account a presumed import content of inputs in the export product and the customs duty incidence on such presumed imports, regardless of whether import duties have actually been paid or not.
(38)
To be eligible for benefits under this scheme, a company must export. At the point in time of the export transaction, a declaration must be made by the exporter to the authorities in India indicating that the export is taking place under the DEPBS. In order for the goods to be exported, the Indian customs authorities issue, during the dispatch procedure, an export shipping bill. This document shows, inter alia, the amount of DEPBS credit which is to be granted for that export transaction. At this point in time, the exporter knows the benefit it will receive. Once the customs authorities issue an export shipping bill, the GOI has no discretion over the granting of a DEPBS credit. The relevant DEPBS rate to calculate the benefit is that which applied at the time the export declaration is made. Therefore, there is no possibility for a retroactive amendment to the level of the benefit.
(39)
DEPBS credits are freely transferable and valid for a period of 12 months from the date of issue. They can be used for payment of customs duties on subsequent imports of any goods unrestrictedly importable, except capital goods. Goods imported against such credits can be sold on the domestic market (subject to sales tax) or used otherwise.
(40)
Applications for DEPBS credits are electronically filed and can cover an unlimited amount of export transactions. De facto, no strict deadlines exist to apply for DEPBS credits. The electronic system used to manage DEPBS does not automatically exclude export transactions outside the deadline submission periods mentioned in chapter 4.47 HOP I 04-09. Furthermore, as clearly provided in chapter 9.3 HOP I 04-09 applications received after the expiry of submission deadlines can always be considered with the imposition of a minor penalty fee (i.e. 10 % on the entitlement).
(d) Disclosure comments
(41)
Upon disclosure the sole cooperating exporting producer submitted comments on DEPBS. The company claimed that DEPBS benefit should not be countervailed because it was not availed for the product concerned. However, the company did not provide any argument that could dispute the practical implementations of the scheme as expressed under recitals 37 to 40. The company also claimed that only the credit amount of the exports made during the RIP should be used for the calculation of the duty benefit granted but failed to substantiate why the calculation methodology used both in the present and previous investigation that led to the imposition of the existing measures are not in line with the provisions of the basic Regulation. Therefore, those claims had to be rejected. Finally, the company provided comments on a computation error which was considered warrant and was acknowledged in the calculation of the subsidy amount.
(e) Conclusions on the DEPBS
(42)
The DEPBS provides subsidies within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation. A DEPBS credit is a financial contribution by the GOI, since the credit will eventually be used to offset import duties, thus decreasing the GOI’s duty revenue which would be otherwise due. In addition, the DEPBS credit confers a benefit upon the exporter, because it improves its liquidity.
(43)
The DEPBS is contingent in law upon export performance, and therefore deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation.
(44)
This scheme cannot be considered a permissible duty drawback system or substitution drawback system within the meaning of Article 2(1)(a)(ii) of the basic Regulation. It does not conform to the strict rules laid down in Annex I point (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) of the basic Regulation. An exporter is under no obligation to actually consume the goods imported free of duty in the production process and the amount of credit is not calculated in relation to actual inputs used. Moreover, there is no system or procedure in place to confirm which inputs are consumed in the production process of the exported product or whether an excess payment of import duties occurred within the meaning of point (i) of Annex I and Annexes II and III of the basic Regulation. Lastly, an exporter is eligible for the DEPBS benefits regardless of whether it imports any inputs at all. In order to obtain the benefit, it is sufficient for an exporter to simply export goods without demonstrating that any input material was imported. Thus, even exporters which procure all of their inputs locally and do not import any goods which can be used as inputs are still entitled to benefit from the DEPBS.
(f) Calculation of the subsidy amount
(45)
In accordance with Articles 2(2) and 5 of the basic Regulation and the calculation methodology used for this scheme in Regulation (EC) No 713/2005, the amount of countervailable subsidies was calculated in terms of the benefit conferred on the recipient, which is found to exist during the RIP. In this regard, it was considered that the benefit is conferred on the recipient at the point in time when an export transaction is made under this scheme. At this moment, the GOI is liable to forego the customs duties, which constitutes a financial contribution within the meaning of Article 2(1)(a)(ii) of the basic Regulation. Once the customs authorities issue an export shipping bill which shows, inter alia, the amount of DEPBS credit which is to be granted for that export transaction, the GOI has no discretion as to whether or not to grant the subsidy and it has no discretion as to the amount of the subsidy. Any change of the DEPBS rates between the actual export and the issuance of a DEPBS licence has no retroactive effect on the level of the benefit granted. Furthermore, the sole cooperating exporting producer booked the DEPBS credits on an accrual basis as income at the stage of export transaction.
(46)
Where justified claims were made, fees necessarily incurred to obtain the subsidy were deducted from the credits so established to arrive at the subsidy amount as nominator, pursuant to Article 7(1)(a) of the basic Regulation. In accordance with Article 7(2) of the basic Regulation this subsidy amount has been allocated over the total export turnover during the review investigation period as appropriate denominator, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported.
(47)
The subsidy rate established in respect of this scheme during the RIP for the sole cooperating exporting producer amounts to 2,1 %.
3. Export Promotion Capital Goods Scheme (EPCGS)
(a) Legal basis
(48)
The detailed description of the EPCGS is contained in chapter 5 of the EXIM policy 04-09 and in chapter 5 of the HOP I 04-09.
(b) Eligibility
(49)
Manufacturer-exporters, merchant-exporters ‘tied to’ supporting manufacturers and service providers are eligible for this scheme.
(c) Practical implementation
(50)
Under the condition of an export obligation, a company is allowed to import capital goods (new and, since April 2003, secondhand capital goods up to 10 years old) at a reduced rate of duty. To this end, the GOI issues, upon application and payment of a fee, an EPCGS licence. Since April 2000, the scheme provides for a reduced import duty rate of 5 % applicable to all capital goods imported under the scheme. Until 31 March 2000, an effective duty rate of 11 % (including a 10 % surcharge) and, in case of high value imports, a zero duty rate was applicable. In order to meet the export obligation, the imported capital goods must be used to produce a certain amount of export goods during a certain period.
(51)
The EPCGS licence holder can also source the capital goods indigenously. In such case, the indigenous manufacturer of capital goods may avail of the benefit for duty-free import of components required to manufacture such capital goods. Alternatively, the indigenous manufacturer can claim the benefit of deemed export in respect of supply of capital goods to an EPCGS licence holder.
(d) Disclosure comments
(52)
Upon disclosure the sole cooperating exporting producer submitted comments on EPCGS. The company claimed that on the basis of the generally accepted accounting principles capital goods are consumed in the production process. In this respect it is noted that the company failed to substantiate this claim by explicitly mentioning the so-called generally acceptable accounting principles and providing an analysis in relation with the relevant EPCGS provisions of the EXIM policy as well as the definition of inputs consumed in the production process, as set out in Annex II of the basic Regulation. It also argued that the company’s depreciation period should have been used as the normal depreciation period. Nevertheless, such an approach is contrary to the relevant provision of Article 7(3) of the basic Regulation. Therefore, these claims had to be rejected. Finally, the company provided comments on a computation error which was considered warrant and was acknowledged in the calculation of the subsidy amount.
(e) Conclusion on EPCG Scheme
(53)
The EPCGS provides subsidies within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation. The duty reduction constitutes a financial contribution by the GOI, since this concession decreases the GOI’s duty revenue, which would be otherwise due. In addition, the duty reduction confers a benefit upon the exporter, because the duties saved upon importation improve its liquidity.
(54)
Furthermore, the EPCGS is contingent in law upon export performance, since such licences cannot be obtained without a commitment to export. Therefore, it is deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation.
(55)
Eventually, this scheme can not be considered a permissible duty drawback system or substitution drawback system within the meaning of Article 2(1)(a)(ii) of the basic Regulation. Capital goods are not covered by the scope of such permissible systems, as set out in Annex I point (i) of the basic Regulation, because they are not consumed in the production of the exported products.
(f) Calculation of the subsidy amount
(56)
The subsidy amount was calculated, in accordance with Article 7(3) of the basic Regulation, on the basis of the unpaid customs duty on imported capital goods spread across a period which reflects the normal depreciation period of such capital goods in the antibiotics industry. In accordance with the established practice, the amount so calculated, which is attributable to the RIP, has been adjusted by adding interest during this period in order to reflect the full value of the benefit over time. The commercial interest rate during the review investigation period in India was considered appropriate for this purpose. Where justified claims were maid, fees necessarily incurred to obtain the subsidy were deducted in accordance with Article 7(1)(a) of the basic Regulation from this sum to arrive at the subsidy amount as nominator. In accordance with Article 7(2) and 7(3) of the basic Regulation, this subsidy amount has been allocated over the export turnover during the RIP as appropriate denominator, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported.
(57)
The subsidy rate established in respect of this scheme during the RIP for the sole cooperating exporting producer amounts to 0,1 %.
4. Export Credit Scheme (ECS)
(a) Legal basis
(58)
The details of the scheme are set by in Master Circular DBOD No DIR.(Exp). BC 01/04.02.02/2007-08 of the Reserve Bank of India (RBI), which is addressed to all commercial banks in India.
(b) Eligibility
(59)
Manufacturing exporters and merchant exporters are eligible for this scheme.
(c) Practical implementation
(60)
Under this scheme, the RBI mandatorily sets maximum ceiling interest rates applicable to export credits, both in Indian rupees or in foreign currency, which commercial banks can charge an exporter. The ECS consists of two sub-schemes, the Pre-Shipment Export Credit Scheme (packing credit), which covers credits provided to an exporter for financing the purchase, processing, manufacturing, packing and/or shipping of goods prior to export, and the Post-Shipment Export Credit Scheme, which provides for working capital loans with the purpose of financing export receivables. The RBI also directs the banks to provide a certain amount of their net bank credit towards export finance.
(61)
As a result of the RBI Master Circular, exporters can obtain export credits at preferential interest rates compared with the interest rates for ordinary commercial credits (cash credits), which are set purely under market conditions. The difference in rates might decrease for companies with good credit ratings. In fact, high rating companies might be in a position to obtain export credits and cash credits at the same conditions.
(d) Disclosure comments
(62)
Upon disclosure the sole cooperating exporting producer submitted comments on ECS. The company argued that (i) there is no public funding into the granting of export credit in foreign currency; (ii) its low rates in foreign currency export credit was due to the company’s high credit rating; and (iii) the interest rate used as benchmark on foreign currency credit should not be the same with the one used on Indian rupee credit. In this respect it is noted that both Indian rupee and foreign currency export credit form part of the same RBI Master Circular, with the practical implementations described under recitals 60 and 61, whose detailed and restrictive provisions demonstrates that foreign currency export credit funding and interest rates levied are linked to clear government imposed directives. As regards to the benchmark rate, it is noted that this was reported by the company on its Indian rupee credit and, in line with the relevant policies of the RBI Master Circular, exporters have the ability to freely pass for the same export transaction from rupee credit to foreign currency credit. It is therefore considered appropriate to use as benchmark the only rate reported by the company as its normal Indian interest rate. Therefore, those claims had to be rejected. Finally, the company provided comments on a computation error which was considered warrant and was acknowledged in the calculation of the subsidy amount.
(e) Conclusion on the ECS
(63)
The preferential interest rates of an ECS credit set by the RBI Master Circular mentioned in recital 58 can decrease interest costs of an exporter as compared with credit costs purely set by market conditions and confer in this case a benefit in the meaning of Article 2(2) of the basic Regulation on such exporter. Export financing is not per se more secure than domestic financing. In fact, it is usually perceived as being more risky and the extent of security required for a certain credit, regardless of the finance object, is a purely commercial decision of a given commercial bank. Rate differences with regard to different banks are the result of the methodology of the RBI to set maximum lending rates for each commercial bank individually. In addition, commercial banks would not be obliged to pass through to borrowers of export financing any more advantageous interest rates for export credits in foreign currency.
(64)
Despite the fact that the preferential credits under the ECS are granted by commercial banks, this benefit is a financial contribution by a government within the meaning of Article 2(1)(a)(iv) of the basic Regulation. In this context, it should be noted that neither Article 2(1)(a)(iv) of the basic Regulation nor the ASCM require a charge on the public accounts, e.g. reimbursement of the commercial banks by the GOI, to establish a subsidy, but only government direction to carry out functions illustrated in points (i), (ii) or (iii) of Article 2(1)(a) of the basic Regulation. The RBI is a public body and falls therefore under the definition of a ‘government’ as set out in Article 1(3) of the basic Regulation. It is 100 % government-owned, pursues public policy objectives, e.g. monetary policy, and its management is appointed by the GOI. The RBI directs private bodies, within the meaning of the second indent of Article 2(1)(a)(iv) of the basic Regulation, since the commercial banks are bound by the conditions it imposes, inter alia, with regard to the maximum ceilings for interest rates on export credits mandated in the RBI Master Circular and the RBI provisions that commercial banks have to provide a certain amount of their net bank credit towards export finance. This direction obliges commercial banks to carry out functions mentioned in Article 2(1)(a)(i) of the basic Regulation, in this case loans in the form of preferential export financing. Such direct transfer of funds in the form of loans under certain conditions would normally be vested in the government, and the practice, in no real sense, differs from practices normally followed by governments, within the meaning of Article 2(1)(a)(iv) of the basic Regulation. This subsidy is deemed to be specific and countervailable since the preferential interest rates are only available in relation to the financing of export transactions and are therefore contingent upon export performance, pursuant to Article 3(4)(a) of the basic Regulation.
(f) Calculation of the subsidy amount
(65)
The subsidy amount has been calculated on the basis of the difference between the interest paid for export credits used during the RIP and the interest rate that would have been payable for ordinary commercial credits used by the sole cooperating exporting producer. This subsidy amount (nominator) has been allocated over the total export turnover during the RIP as appropriate denominator in accordance with Article 7(2) of the basic Regulation, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported.
(66)
The subsidy rate established with regard to this scheme for the RIP for the sole cooperating exporting producer amounts to 1,3 %.
5. Income Tax Schemes
(a) Income Tax Exemption Scheme (ITES)
(67)
Under this scheme exporters could avail the benefit of a partial income tax exemption on profits derived from export sales. The legal basis for this exemption was set by Section 80HHC of the ITA.
(68)
This provision was abolished for the assessment year 2005/06 (i.e. for the financial year from 1 April 2004 to 31 March 2005) onwards and thus 80HHC of the ITA does not confer any benefits after 31 March 2004. The sole cooperating exporting producer did not avail of any benefits under this scheme during the RIP. Consequently, since the scheme has been withdrawn, it shall therefore not be countervailed, in accordance with Article 15(1) of the basic Regulation.
(b) Income Tax Incentive for Research and Development (ITIRAD)
(i) Legal basis
(69)
The detailed description of the ITIRAD is set out in section 35(2AB) of the ITA.
(ii) Eligibility
(70)
Companies engaged in the business of biotechnology or manufacture or production of drugs, pharmaceuticals, chemicals, electronic equipments, computers, telecommunication equipments, chemicals or any other article or thing as may be notified are eligible for benefits under this scheme.
(iii) Practical implementation
(71)
For any expenditure (other than cost of land or building) on in-house research and development facilities as approved by the Department of Scientific and Industrial Research of the GOI, a deduction of a sum equal to 150 % of the costs de facto incurred is permitted for income tax purposes. Thus, by means of a 50 % deduction of fictional expenses (i.e. expenses not actually incurred), the income tax base and subsequently the income tax burden decreases artificially.
(iv) Disclosure comments
(72)
No comments with respect to ITIRAD were submitted upon disclosure.
(v) Conclusion on ITIRAD
(73)
The ITIRAD provides subsidies within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation. The artificial income tax base reduction under section 35(2AB) of the ITA constitutes a financial contribution by the GOI, since this decreases the GOI’s income tax revenue which would be otherwise due. In addition, the income tax reduction confers a benefit upon the company, because it improves its liquidity.
(74)
The wording of section 35(2AB) ITA proves that ITIRAD is, de jure, specific in the meaning of Article 3(2)(a) of the basic Regulation and therefore countervailable. Eligibility for this scheme is not governed by objective criteria, which are neutral within the meaning of Article 3(2)(b) of the basic Regulation. Benefits under this scheme are only available to certain industries since the GOI has not made this scheme available to all sectors. Such limitation constitutes specificity, since the category ‘group of industries’ in Article 3(2) of the basic Regulation synonymously describes sector restrictions. This restriction is not economic in nature and horizontal in application such as a restriction on the number of employees or size of enterprise.
(vi) Calculation of the subsidy amount
(75)
The subsidy amount has been calculated on the basis of the difference between the income tax due for the review investigation period with and without the application of the provision of section 35(2AB) of the ITA. This subsidy amount (nominator) has been allocated over the total turnover during the RIP as appropriate denominator in accordance with Article 7(2) of the basic Regulation, because this subsidy relates to all sales, domestic and export, and it was not granted by reference to the quantities manufactured, produced, exported or transported.
(76)
The subsidy rate established with regard to this scheme during the RIP for the sole cooperating exporting producer amounts to 0,1 %.
6. Focus Market Scheme (FMS)
(a) Legal basis
(77)
The detailed description of the FMS is contained in chapter 3.9 of the EXIM policy 04-09 and in chapter 3.20 of the HOP I 04-09.
(b) Eligibility
(78)
Any manufacturer-exporter or merchant-exporter is eligible for this scheme.
(c) Practical implementation
(79)
Under this scheme exports of all products to countries notified under Appendix 37(C) of HOP I 04-09 are entitled to duty credit equivalent to 2,5 % of the FOB value of products exported under this scheme. Certain type of export activities are excluded from the scheme, e.g. exports of imported goods or transhipped goods, deemed exports, service exports and export turnover of units operating under special economic zones/export operating units. Also excluded from the scheme are certain types of products, e.g. diamonds, precious metals, ores, cereals, sugar and petroleum products.
(80)
The duty credits under FMS are freely transferable and valid for a period of 24 months from the date of issue of the relevant credit entitlement certificate. They can be used for payment of custom duties on subsequent imports of any inputs or goods including capital goods.
(81)
The credit entitlement certificate is issued from the port from which the exports have been made and after realisation of exports or shipment of goods. As long as the applicant provides to the authorities copies of all relevant export documentation (e.g. export order, invoices, shipping bills, bank realisation certificates), the GOI has no discretion over the granting of the duty credits.
(d) Disclosure comments
(82)
Upon disclosure the sole cooperating exporting producer submitted comments on FMS. The company argued that the scheme is geographically related to other countries and cannot be countervailed by EC. Nevertheless, it was not able to dispute neither the practical implementations of the scheme nor the way the FMS benefit is used, as stated under recitals 79 to 81. Therefore, this claim had to be rejected. Finally, the company provided comments on a computation error which was considered warrant and was acknowledged in the calculation of the subsidy amount.
(e) Conclusion on FMS
(83)
The FMS provides subsidies within the meaning of Article 2(1)(a)(ii) and Article 2(2) of the basic Regulation. A FMS duty credit is a financial contribution by the GOI, since the credit will eventually be used to offset import duties, thus decreasing the GOI’s duty revenue which would be otherwise due. In addition, the FMS duty credit confers a benefit upon the exporter, because it improves its liquidity.
(84)
Furthermore, the FMS is contingent in law upon export performance, and therefore deemed to be specific and countervailable under Article 3(4)(a) of the basic Regulation.
(85)
This scheme cannot be considered a permissible duty drawback system or substitution drawback system within the meaning of Article 2(1)(a)(ii) of the basic Regulation. It does not conform to the strict rules laid down in Annex I point (i), Annex II (definition and rules for drawback) and Annex III (definition and rules for substitution drawback) of the basic Regulation. An exporter is under no obligation to actually consume the goods imported free of duty in the production process and the amount of credit is not calculated in relation to actual inputs used. There is no system or procedure in place to confirm which inputs are consumed in the production process of the exported product or whether an excess payment of import duties occurred within the meaning of point (i) of Annex I and Annexes II and III of the basic Regulation. An exporter is eligible for the FMS benefits regardless of whether it imports any inputs at all. In order to obtain the benefit, it is sufficient for an exporter to simply export goods without demonstrating that any input material was imported. Thus, even exporters which procure all of their inputs locally and do not import any goods which can be used as inputs are still entitled to benefit from the FMS. Moreover, an exporter can use the FMS duty credits in order to import capital goods although capital goods are not covered by the scope of permissible duty drawback systems, as set out in Annex I point (i) of the basic Regulation, because they are not consumed in the production of the exported products.
(f) Calculation of the subsidy amount
(86)
The amount of countervailable subsidies was calculated in terms of the benefit conferred on the recipient, which is found to exist during the RIP as booked by the cooperating exporting producer on an accrual basis as income at the stage of export transaction. In accordance with Article 7(2) and 7(3) of the basic Regulation this subsidy amount (nominator) has been allocated over the export turnover during the RIP as appropriate denominator, because the subsidy is contingent upon export performance and it was not granted by reference to the quantities manufactured, produced, exported or transported.
(87)
The subsidy rate established with regard to this scheme during the RIP for the sole cooperating exporting producer amounts to 0,1 %.
III. Amount of countervailable subsidies
(88)
It is recalled that in Regulation (EC) No 713/2005 the amount of countervailable subsidies, expressed ad valorem, was found to be 35,1 % for the sole exporting producer cooperating with the present partial interim review.
(89)
During the present partial interim review the amount of countervailing subsidies, expressed ad valorem, was fount to be 11,9 %, as listed hereunder:
SCHEME
COMPANY
AAS
DEPBS
EPCGS
ECS
ITIRAD
FMS
Total
%
%
%
%
%
%
%
Ranbaxy Laboratories Ltd
8,2
2,1
0,1
1,3
0,1
0,1
11,9
(90)
Account taken of the above it is concluded that the level of subsidisation with regard to the sole cooperating exporting producer has decreased.
IV. Countervailing measures
(91)
In line with the provisions of Article 19 of the basic Regulation and the grounds of this partial interim review stated under point 3 of the notice of initiation, it is established that the level of subsidisation with regard to the sole cooperating producer has decreased from 35,1 % to 11,9 % and, therefore, the rate of countervailing duty, imposed to this exporting producer by Regulation (EC) No 713/2005 has to be amended accordingly.
(92)
In this respect, it is recalled that under Regulation (EC) No 713/2005 the subsidy rate of Ranbaxy Laboratories Ltd was higher than the injury elimination level. In accordance with Article 15(1) of the basic Regulation, the lesser duty reflecting the injury elimination level was considered adequate to remove injury to the Community industry and thus the rate of countervailing duty applicable to imports from Ranbaxy Laboratories Ltd was set to 30,3 %.
(93)
Account taken of the above and given that the subsidies rate is now lower than the injury elimination level, the individual company countervailing duty rate applicable to the sole cooperating exporting producer, Ranbaxy Laboratories Ltd, is set at 11,9 %.
(94)
With regard to all other companies that did not cooperate with the present partial interim review, it is noted that the actual modalities of the investigated schemes and their countervailability have not changed with respect to the previous investigation. Thus there is no reason to re-calculate the subsidy and duty rates of the companies that did not cooperate with the present partial interim review. Consequently, the rates of the duty applicable to all other parties except Ranbaxy Laboratories Ltd mentioned under Article 1(2) of Regulation (EC) No 713/2005 remain unchanged.
(95)
The individual company countervailing duty rates specified in this Regulation reflect the situation found during the partial interim review. Thus, they are solely applicable to imports of the product concerned produced by these companies. Imports of the product concerned manufactured by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.
(96)
Any claim requesting the application of these individual countervailing duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (4) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, and after consultation of the Advisory Committee, the Commission is hereby empowered to amend the Regulation accordingly by updating the list of companies benefiting from individual duty rates,
HAS ADOPTED THIS REGULATION:
Article 1
Paragraph 2 of Article 1 of Regulation (EC) No 713/2005 shall be replaced by the following:
‘2. The rate of duty applicable to the net free-at-Community-frontier price, before duty for imports produced in India by the companies listed below, shall be as follows:
-
17,3 % for KDL Biotech Ltd, Mumbai (TARIC additional code: A580),
-
28,1 % for Nectar Lifesciences Ltd, Chandigarh (TARIC additional code: A581),
-
25,3 % for Nestor Pharmaceuticals Ltd, New Delhi (TARIC additional code: A582),
-
11,9 % for Ranbaxy Laboratories Ltd, New Delhi (TARIC additional code: 8221),
-
28,1 % for Torrent Gujarat Biotech Ltd, Ahmedabad (TARIC additional code: A583),
-
28,1 % for Surya Pharmaceuticals Ltd, Chandigarh (TARIC additional code: A584),
-
32 % for all other companies (TARIC additional code: 8900).’
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 November 2008. | [
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*****
COMMISSION DECISION
of 6 August 1982
establishing that the apparatus described as 'Apollo - Tunable CO2 Laser, model 560' may not be imported free of Common Customs Tariff duties
(82/579/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 last amended by Regulation (EEC) No 608/82 (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 25 February 1982, Italy 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 'Apollo - Tunable CO2 Laser, model 560', ordered on 5 February 1979 and to be used for research into the excitation of mixtures of gases for the purposes of identifying energy transfer kinetics, 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 2 July 1982 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 laser; whereas its objective technical characteristics such as the characteristics of the band, 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; where this applies, in particular, to the apparatus 'Serie 6000', manufactured by Fairlight Technische en Wetenschappelijke Apparaten BV, Jan luykenstraat 23, 1007 AA Amsterdam, Netherlands,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Apollo - Tunable CO2 Laser, model 560', which is subject of an application by Italy of 25 February 1982, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 August 1982. | [
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Commission Regulation (EC) No 906/2002
of 30 May 2002
amending Regulation (EC) No 1555/96 on rules of application for additional import duties on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Regulation (EC) No 545/2002(2), and in particular Article 33(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1555/96(3), as last amended by Regulation (EC) No 736/2002(4), provides for surveillance of imports of the products listed in the Annex thereto. That surveillance is to be carried out in accordance with the rules on the surveillance of preferential imports laid down in Article 308d of Commission Regulation (EEC) No 2454/93(5), as last amended by Regulation (EC) No 444/2002(6).
(2) For the purposes of Article 5(4) of the Agreement on Agriculture(7) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 1998, 1999 and 2000, the trigger levels for additional duties on lemons, pears and table grapes should be adjusted.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1555/96 is hereby replaced by the Annex hereto.
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 June 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 2002. | [
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COMMISSION REGULATION (EC) No 2260/2004
of 28 December 2004
fixing the reference prices for certain fishery products for the 2005 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 29(1) and (5) thereof,
Whereas:
(1)
Regulation (EC) No 104/2000 provides that reference prices valid for the Community may be fixed each year, by product category, for products that are the subject of a tariff suspension under Article 28(1). The same holds for products which, by virtue of being either the subject of a binding tariff reduction under the WTO or some other preferential arrangements, must comply with a reference price.
(2)
For the products listed in Annex I(A) and (B) to Regulation (EC) No 104/2000, the reference price is the same as the withdrawal price fixed in accordance with Article 20(1) of that Regulation.
(3)
The Community withdrawal and selling prices for the products concerned are fixed for the 2005 fishing year by Commission Regulation (EC) No 2258/2004 of the Commission (2).
(4)
The reference price for products other than those listed in Annexes I and II to Regulation (EC) No 104/2000 is established on the basis of the weighted average of customs values recorded on the import markets or in the ports of import in the three years immediately preceding the date on which the reference price is fixed.
(5)
There is no need to fix reference prices for all the species covered by the criteria laid down in Regulation (EC) No 104/2000, and particularly not for those imported from third countries in insignificant volumes.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
The reference prices for the 2005 fishing year of fishery products as provided for in accordance with Article 29 of Regulation (EC) No 104/2000 are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 December 2004. | [
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*****
COMMISSION DECISION
of 25 March 1987
concerning aid granted by the French Government to two steel groups
(Only the French text is authentic)
(87/506/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 93 (2) thereof;
Having given the parties concerned an opportunity to submit their comments, in accordance with Article 93 (2), and having regard to those comments:
Whereas:
I
By letter dated 30 September 1982 from its Permanent Representation, the French Government notified the Commission, under Article 8 (1) of Commission Decision No 2320/81/ECSC (1), of certain government funding of investment by two large steel groups.
Noting that almost 20 % of the funding was for businesses not coming within the ECSC Treaty, although no details were given, the Commission informed the French Government by letter of 26 November 1982 that the part of the funds to be provided for investment in these businesses would have to be considered under the EEC Treaty.
However, the French Government proceeded to provide the funds without notifying them under Article 93 (3) of the EEC Treaty, so that the Commission was unable to assess beforehand whether the transfers were compatible with the EEC Treaty provisions on state aid.
Not having any details of the purposes of the funding which potentially distorted competition, the Commission decided to open the Article 93 (2) procedure against the transfers, which totalled FF 5 481 million. It gave the French Government notice by letter dated 20 December 1984 to submit its observations. The other Member States were invited to comment on 3 May 1985 and interested parties on 8 May 1985 (2).
By letter of 31 October 1985, supplemented by letter of 14 November 1985, the French Government let the Commission have 'further information' about the amount of additional funding intended for non-ECSC businesses of the two steel groups in the 1985 financial year. This additional funding, on top of the FF 5 481 million already covered by the Article 93 (2) procedure, came to FF 2 176 million.
As too little information had been supplied about the new funding to judge whether Article 92 (3) of the EEC Treaty was applicable, and the new transfers, which the French Government later confirmed by letter of 27 March 1986 had already taken place, were also likely to cause distortions of competition, the Commission decided to extend the Article 93 (2) procedure to them. By letter dated 28 January 1986 it therefore gave the French Government notice to submit its observations. The other Member States were invited to comment on 4 March 1986 and other interested parties on 1 March 1986 (3).
After a preliminary scrutiny of the funding against which the Article 93 (2) procedure had been opened, the Commission found that FF 1 649 million had in fact been used for businesses coming under the ECSC Treaty, so that these sums fell to be considered under Decisions No 2320/81/ECSC and No 1018/85/ECSC (1).
After deduction of the abovementioned FF 1 649 million, the funding of Community subsidiaries of the steel groups remaining to be considered under the EEC procedure opened on 20 December 1984 and 28 January 1986 totals FF 6 008 million. This total comprises the following individual cases or groups of cases:
- Case No 1: Funding of a company in the steel construction sector of the engineering industry engaged in the design and manufacture of drilling platforms for the oil industry, and steel and aluminium façades, walls and curtain walls (FF 942 million),
- Case No 2: Funding of two wire-drawing businesses (FF 1 333 million),
- Case No 3: Funding of the acquisition of pipe- and tubemaking facilities by one of the steel groups (Case No 3.1 - FF 85 million), and funding of the operations of a tubemaking company (Case No 3.2 - FF 40 million) and a pipe and cold-rolled sections producer (Case No 3.3 - FF 126 million),
- Case No 4: Funding of the acquisition of a special steel stockholding and international trading company by one of the steel groups (FF 150 million) and of the losses of two steel stockholders and trading companies (FF 89 million and FF 54 million, respectively),
- Case No 5: Funding of a sheet-metalworking firm (FF 87 million),
- Case No 6: Funding of various operations involving sums of less than FF 50 million by the steel groups either to acquire or increase their stakes in non-steel businesses or to cover the losses of such businesses, viz: special steels stockholding (FF 14 million); industrial fasteners (FF 3 million), railway wagons (FF 10 million); mechanical handling equipment (FF 15 million); pipes and tubes (FF 10 million); scrap-metal dealing (FF 30 million); machine tools (FF 18 million); primary processing (FF 36 million); sheet-metalworking and assembly (FF 20 million); engineering (FF 50 million); cold rolling (FF 35 million),
- Case No 7: Funding of a construction company involved in construction projects in non-Community countries (Case No 7.1 - FF 1 499 million) and of an engineering company (Case No 7.2 - FF 106 million),
- Case No 8: Funding of various forging and foundry businesses (FF 472 million),
- Case No 9: Funding of operations in connection with the acquisition of a company producing stainless steel and nickel and cobalt alloy rolled products, wire and forgings (FF 210 million),
- Case No 10: Funding of local industrial investment subsidiaries set up to attract new industry to steel areas (FF 574 million). This case will be dealt with in a separate decision.
All the above funding was provided without prior authorization by the Commission, in disregard of the French Government's obligations under Article 93 (3) of the EEC Treaty. The Commission therefore considered it to be illegal.
II
The French Government submitted its observations under the Article 93 (2) procedure by letters dated 24 April 1985 and 27 March 1986. It argued that, in providing funding in the form of new capital to the two state-owned steel groups to finance, directly or through subsidiaries, busi
nesses falling outside the ECSC steel sector, the state was merely fulfilling its responsibilities as shareholder. None of the funding had involved aid under Article 92 or was likely to affect the normal rules of competition within the Community. Indeed:
- part of it was to pay for financial investment by the state-owned steel groups in existing businesses and thus involved an investment of risk capital,
- another part was to enable the steel groups to discharge their responsibilities as parent companies to lossmaking subsidiaries. With this financing the subsidiaries had been able to undertake rationalization measures (especially in the wire-drawing sector); they had not used the funds to engage in unfair competition.
Moreover, some of the subsidiaries (engineering, construction) carried on business mainly outside the Community.
Three other Member States, two trade associations and one individual company also made representations to the Commission under the procedure.
III
The financial transfers under consideration here fall into two categories:
- those intended to fund acquisitions by the steel groups of various businesses not in particular difficulty outside their mainstream ECSC steel business, so extending the range of their activities.
In its notice to the Member States on government provisions of capital to companies (5), the Commission reiterated the principle that the investment of public dividend capital in companies in circumstances where such investment would not be forthcoming from private investors operating under normal market conditions was state aid. It added that this was the case where the financial position of the company, and particularly the structure and volume of its debt, was such as to preclude a normal return on the investment within a reasonable period of time or where, because of inadequate cash-flow, the company would be unable to raise the funds required for an investment programme on the capital market.
In the present case, the steel groups which received government funding to acquire financially-sound Community businesses or to increase their stakes in such businesses were, at the time the funding was provided, in a financial position such that on the above criteria the funding must be considered aid,
- those (the majority) intended to keep lossmaking Community subsidiaries of the steel groups in business by writing off their losses or increasing their capital or, in one case, to rescue an independent company in distress by taking it into one of the steel groups; in these cases the Community companies were the ultimate beneficiaries of the funds.
The funding of such businesses with a long record of losses (see section IV) must also be considered aid for the same reasons, even where the funding took the form of recapitalization of the companies.
IV
With regard to Case 7.1 in section I (FF 1 499 million for a construction company), the funding was provided in connection with the winding-up of the company. The company had run up extremely heavy losses on major construction projects as a result of poor costing and inadequate risk assessment. The parent company therefore decided to wind it up. However, before this was done, the Government furnished it with the necessary funds to complete its current contracts. Being provided after the contracts had been entered into, the funding did not help the company to win the contracts in competition with other Community construction firms nor can it harm other Community construction firms in the future as the company is no longer trading.
Consequently, the funding in this case is not aid falling within Article 92 of the EEC Treaty. This is especially the case as the business of the company was carried on only in non-Community countries in an industry not in serious recession.
All the other companies in respect of which the government funding covered by this Decision was provided carry on business in the Community in industries in which there is significant intra-Community trade and hence competition. Moreover, all the industries are, in the Community, in varying degrees of difficulty.
Their difficulties are due to falling Community consumption and a slowing in the growth of world demand for their products, and in some cases also to increasing import penetration of the Community market by third countries. As a result, overcapacity has grown up in the industries, depressing prices and squeezing margins, and preventing modernization.
The situation is especially marked in the wire-drawing sector. Between 1974 and 1984 production of simple drawn wire in the Community's main producing countries (Germany, France, the United Kingdom and Belgium) declined by almost 25 % (from 5,3 million to 4 million tonnes). Notwithstanding some stabilization of output levels in 1984/85 and the increasing specialization of producers in higher value-added products, the industry is still dogged with problems and has recently lost competitiveness, causing a rise in imports much greater than the increase in exports (28 % and 7,7 %, respectively, over the period 1980 to 1985).
Similarly, the steel construction sector of the engineering industry, over half of whose output used to be exported outside the Community until 1970 to 1973, has since been affected in turn by a fall in Community demand, the collapse of Middle Eastern markets, and competition from third countries (especially Japan and Korea) on other markets.
As a result, the exports from this sector in the Community fell by 27 % between 1981 and 1984 (from 1,6 million to 1,1 million tonnes). This was reflected in a drop in production by the three main producing countries (Germany, the United Kingdom and France), from almost 4,8 million tonnes in 1979/80 to 3,8 million tonnes in 1985, putting most firms in an extremely precarious position.
Furthermore, there is substantial intra-Community trade both in wire products and in the products of the forging, foundry and steel construction sectors. In 1984, for example, nearly 700 000 tonnes, or 17,5 % of the 4 million tonnes of wire products made in the Community in that year was traded between Member States. Homogeneous statistics are more difficult to obtain for the steel construction sector because of the diversity of the products involved. Nevertheless, here too there is considerable intra-Community trade, though the level varies with the type of product.
As a result, there is also fierce competition among Community firms operating in the sectors. This means that any support given to one firm in a given sector is bound to affect the competitive position of the other firms. Considering the state of the market for the various products, it is even possible that the support of the firm will cause other Community firms to go out of business or to close part of their business.
In the present case, the government support of the various companies, with the sole purpose of reconstituting their working capital after absorbing losses, was running in most cases at 10 to 20 % of turnover over the relevant period (1982 to 1985).
By reducing the costs normally faced by the firms, the support accordingly conferred a specific financial benefit on them which distorted or threatened to distort competition between Member States, contrary to Article 92 (1) of the EEC Treaty.
V
Article 92 (1) of the EEC Treaty provides that aid having the above features is in principle incompatible with the common market.
The exceptions provided for in Article 92 (2) are inapplicable in the present case, in view of the nature and purpose of the aid.
The exceptions provided for in Article 92 (3) are available only after consideration of the case in a Community context, and not just in that of a single Member State. In order to maintain a properly operating common market and uphold the principles enshrined in Article 3 (f) of the EEC Treaty, it is also essential to interpret the Article 92 (3) exceptions restrictively in relation to any particular aid scheme or individual aid award. In particular, the exceptions may only be invoked when the Commission is satisfied that the activity for which it is proposed to grant the aid serves one of the objectives specified in the exception clauses and that the aid is necessary to cause the aid recipient to undertake that activity.
To invoke the exceptions in cases where the aided activity does not serve one of the objectives, or where the aid is at any rate not necessary for it to be undertaken, would be to allow Member States to give their industries or firms undue pecuniary advantages which would artificially strengthen their financial position, affect trade between Member States and distort competition, without any justification on the grounds of the wider Community interest as is required by Article 92 (3).
In the light of the foregoing, the aid here in question does not qualify for any of the exceptions provided for in Article 92 (3). With regard to the exception provided for in subparagraph (a) of Article 92 (3), which is available for 'aid which promotes the economic development of areas where the standard of living is abnormally low or where there is serious underemployment', it is true that the businesses which received the aid are direct users of the products of the steel industry and some are located near steel plants in areas that have suffered large-scale redundancies in the steel industry.
Nevertheless, the areas do not have an abnormally low standard of living or serious underemployment, within the meaning of subparagraph (a) of Article 92 (3).
As to the exception provided for in subparagraph (b) of Article 92 (3), it is clear that the aid was not to promote the execution of a project of common European interest or to remedy a serious disturbance in the economy of a Member State.
The exception provided for in subparagraph (c) of Article 92 (3) is available for 'aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest'. As none of the aid concerned by this Decision was granted under regional aid schemes, and the French Government has not attempted to justify it on regional policy grounds, only the possible exception for 'aid to develop certain economic activities' needs to be considered. Taking first the FF 942 million of funding provided to the company in the steel construction sector of the engineering industry (Case No 1 in the list in section I), this support allowed the company to continue a heavily lossmaking business which wiout this funding would have had to be closed down. The company specialized in metal goods for industrial investment and in drilling platforms and other metal modules for the offshore oil industry. The sharp fall in demand from this sector and later than industrial investment caused the company's turnover to collapse from close on FF 2 500 million in 1982 to under FF 900 million in 1985, leaving its plant vastly underutilized, as is clear from the information furnished by the French Government.
The deterioration in the company's profitability was equally dramatic, with losses (not including redundancy costs) rising to 30 % of turnover. In 1986, however, even after shedding a large number of employees, with the market further deteriorating the company had no alternative but to close down its offshore division.
The other divisions, which now employ 430 (excluding management), compared with the company's total workforce of 1 350 in 1985, have been restructured and are expected to have made a profit in 1986.
It emerges that the aid received by the company was used to cover the losses of the offshore business and so put off its closure until 1986. Such an artificial preservation of capacity in a depressed industry clearly affects trading conditions to an extent contrary to the common interest.
Consequently, the aid in this case is ineligible for application of the exception provided for in Article 92 (3) (c).
The FF 1 333 million of aid granted to two wire-drawing groups (Case No 2 in the list in section I) also kept going two heavily lossmaking businesses.
Despite some reduction in capacity and substantial cuts in their workforce, the groups do not seem, from the information supplied to the Commission, to have undertaken restructuring programmes that give them a chance of becoming profitable again in the foreseeable future and which might thus justify the vast amounts of aid provided. In fact, a major effect of the aid was probably to delay the more drastic rationalization required if the businesses were to survive. Without such rationalization to help turn the businesses round and contribute towards the rationalization of the Community industry as a whole, there can be no justification from the Community's point of view for the adverse effect on trading caused by the aid.
The aid in this case, too, is therefore ineligible for application of the exception provided for in Article 92 (3) (c). The aid in Case No 3 in the list in section I, totalling FF 251 million, was provided partly to support a tube producer and a producer of welded pipe and cold-rolled sections (FF 40 million and FF 126 million, respectively), and partly to finance the acquisition of two pipe businesses by the steel group (FF 85 million).
The effect of the operations was thus in part to prop up lossmaking businesses and in part to increase the vertical integration of the French pipe and tube industry.
Although some efforts have apparently been made to reduce the operating losses of the companies, the aid was not provided as part of a thorough rationalization programme capable of turning the businesses round and helping to shake out some of the excess capacity hanging over the European pipes and tubes market. The French Government has said such additional measures were planned, but has not been able to give any details of actual decisions.
Consequently, on the facts known to the Commission, the aid in this case also is ineligible for the exception provided for in Article 92 (3) (c).
The aid in Case No 4 in the list in section I, totalling FF 293 million, was provided partly to cover the losses and reconstitute the working capital of two steel stockholding and trading businesses (FF 89 million and 54 million, respectively), and partly to pay for the acquisition of a special-steels stockholding and trading company (FF 150 million). The operations thus enabled the parent groups to maintain and extend, respectively, their presence in the steel stockholding sector.
However, they do not appear from the information the French Government has supplied to have been accompanied by any rationalization such as might have allowed the public funding for them to be regarded as in the Community interest and hence eligible for application of the exception provided for in Article 92 (3) (c).
Consequently, the aid is ineligible for application of this exception.
The aid of FF 87 million to a sheet metalworking firm (Case No 5 in the list in section I), equivalent to 11 to 12 % of its annual turnover, was not accompanied by commensurate rationalization measures. The French Government has failed to submit any rationalization programme that might justify the aid under Article 92 (3) (c).
The aid in this case, too, is therefore ineligible for the exception.
The same is true, finally, of the various amounts of public funding ranging from FF 3 million to FF 50 million, and totalling FF 241 million, provided to 11 primary processing and engineering firms (Case No 6 in the list in section I), as, from the information the Commission has received on these operations, it does not appear that any rationalization is being undertaken, apart from workforce reductions, which seem unlikely by themselves to turn the businesses round.
Hence, this aid, too, is ineligible for the exception provided for in Article 92 (3) (c).
It is concluded that all the aid referred to in this section, totalling FF 3 147 million, is ineligible for application of Article 92 (2) or (3) of the EEC Treaty. The aid was moreover granted unlawfully by the French Government in breach of its obligations under Article 93 (3) of the EEC Treaty.
The aid should therefore be withdrawn and recovered.
VI
The aid (Case No 7.2 in the list in section I) to an engineering company which has a turnover of FF 150 million a year and was formerly in the same group as the construction company referred to in Case No 7.1 accompanied a rationalization of the business which had for many years been losing money. As a result of the rationalization, during which the workforce was cut from 612 in 1982 to 340 in 1986 and part of the production of a factory closed down in 1986 was transferred to the remaining facilities, significantly improving their capacity utilization, the company was able to report a profit in 1986. Consequently, the aid, although on a large scale, has contributed, chiefly by removing excess capacity, to a rationalization and hence development of the industry, and is therefore eligible for application of the exception provided for in Articles 92 (3) (c).
The aid of FF 472 million provided for forging and foundry businesses (Case No 8 in the list in section I) was mainly intended to cover losses and reconstitute working capital. The firms have a turnover of about FF 1 500 million. In the face of a depressed market, the French foundry industry has embarked on a rationalization programme which has already reduced the capacity of the industry (from 270 000 tonnes in 1983 to about 200 000 tonnes in 1985) and has made the remaining facilities more specialized.
As a result, operating rates in the industry have risen (from 57 % in 1983 to 70 % in 1985) and the losses of the businesses concerned here have been cut from FF 250 million in 1984 to an estimated FF 25 million, or 0,7 % of their turnover, in 1986.
The aid in this case has thus facilitated the restructuring and hence development of the industry, which is now on the way to recovery.
It is therefore eligible for application of the exception provided for in Article 92 (3) (c).
Finally, the aid in Case No 9 in the list in section I (FF 210 million) was granted to restore the finances of a company making stainless steel and nickel and cobalt alloy rolled products, wire and forgings, after the company had been taken over by one of the steel groups.
The operation was accompanied by major restructuring of the company involving specialization in profitable segments of the market in which supply did not exceed demand (supplying materials for the aerospace and electronics industries) and a reduction of the workforce by 600 in two years (from 3 543 initially).
This restructuring undertaken with the help of the aid is of sufficient benefit to the Community to justify application of the exception provided for in Article 92 (3) (c).
Hence, the aid totalling FF 788 million granted in the cases dealt with in this section is eligible for the exception of Article 92 (3) (c) of the EEC Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The aid totalling FF 3 147 million listed under Cases 1, 2, 3, 4, 5 and 6 in section I, which was provided in breach of Article 93 (3) of the EEC Treaty to two French steel groups for certain non-steel subsidiaries, was granted unlawfully. The aid is also incompatible with the common market under Article 92 of the EEC Treaty.
The French Republic shall withdraw and recover this aid.
Article 2
The French Republic shall inform the Commission, within two months of the date of notification of this Decision, of the measures it has taken to comply therewith.
Article 3
This Decision is addressed to the French Republic.
Done at Brussels, 25 March 1987. | [
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COUNCIL DIRECTIVE 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, particular Articles 49, 57 (1) and 66 thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
(1) Whereas, pursuant to Article 8a of the Treaty, the internal market shall comprise an area without internal frontiers and whereas, pursuant to Article 3 (c) of the Treaty, the abolition, as between Member States, of obstacles to freedom of movement for persons and services constitutes one of the objectives of the Community; whereas, for nationals of the Member States, this means in particular the possibility of pursuing a profession, whether in a self-employed or employed capacity, in a Member State other than that in which they acquired their professional qualifications;
(2) Whereas, for those professions for the pursuit of which the Community has not laid down the necessary minimum level of qualification, Member States reserve the option of fixing such a level with a view to guaranteeing the quality of services provided in their territory; whereas, however, they may not, without disregarding their obligations laid down in Articles 5, 48, 52 and 59 of the Treaty, require a national of a Member State to obtain those qualifications which in general they determine only by reference to those issued under their own national education and training systems, where the person concerned has already acquired all or part of those qualifications in another Member State; whereas, as a result, any host Member State in which a profession is regulated is required to take account of qualifications acquired in another Member State and to determine whether those qualifications correspond to the qualifications which the Member State concerned requires;
(3) Whereas Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher education diplomas awarded on completion of professional education and training of at least three years' duration (4) facilitates compliance with such obligations; whereas, however, it is limited to higher education;
(4) Whereas, in order to facilitate the pursuit of all those professional activities which in a host Member State are dependent on the completion of a certain level of education and training, a second general system should be introduced to complement the first;
(5) Whereas the complementary general system must be based on the same principles and contain mutatis mutandis the same rules as the initial general system;
(6) Whereas this Directive is not applicable to those regulated professions which are covered by specific Directives principally concerned with introducing mutual recognition of training courses completed before entry into professional life;
(7) Whereas neither is it applicable, furthermore, to those activities covered by specific Directives principally intended to introduce recognition of technical skills based on experience acquired in another Member State; whereas certain of those Directives apply solely to the pursuit of activities in a self-employed capacity; whereas, in order to ensure that the pursuit of such activities as an employed person does not fall within the scope of this Directive, whereby the pursuit of the same activity would be subject to different legal recognition arrangements depending on whether it was pursued in a self-employed capacity or as an employed person, those Directives should be made applicable to persons pursuing the activities in question as employed persons;
(8) Whereas the complementary general system is entirely without prejudice to the application of Article 48 (4) and Article 55 of the Treaty;
(9) Whereas this complementary system must cover the levels of education and training not covered by the initial general system, namely that corresponding to other post-secondary education and training courses and other equivalent education and training, and that corresponding to long or short secondary courses, possibly complemented by professional training or experience;
(10) Whereas, where in most Member States pursuit of a given regulated profession is subject to either very short training or the possession of certain personal attributes or merely general knowledge, the normal mechanisms for recognition under this Directive may be excessively cumbersome; whereas in such cases there should be provision for simplified mechanisms;
(11) Whereas account should also be taken of the professional training system in the United Kingdom whereby standards for levels of performance for all professional activities are established via the 'National Framework of Vocational Qualifications';
(12) Whereas in some Member States there are only relatively few regulated professions; whereas, however, training for professions which are not regulated may be specifically geared to the pursuit of the profession, with the structure and level of training being monitored or approved by the competent authorities of the Member State concerned; whereas this provides guarantees equivalent to those provided in connection with a regulated profession;
(13) Whereas the competent authorities of the host Member State should be allowed to determine, in accordance with the relevant provisions of Community law, the detailed rules necessary for implementation of the adaptation period and the aptitude test;
(14) Whereas, since it covers two levels of education and training and since the initial general system covers a third level, the complementary general system must lay down whether and under what conditions a person possessing a certain level of education and training may pursue, in another Member State, a profession the qualifications for which are regulated at a different level;
(15) Whereas, for the pursuit of certain professions, certain Member States require the possession of a diploma within the meaning of Directive 89/48/EEC, while for the same profession other Member States require the completion of professional education or training with a different structure; whereas certain kinds of education and training, while not of a post-secondary nature of minimum duration within the meaning of this Directive, nevertheless result in a comparable professional level and prepare the person for similar responsibilities and activities; whereas such education and training should therefore be classed in the same category as that attested by a diploma; whereas such education and training is very varied and this classification can be achieved only by listing the courses in question; whereas such classification would, where appropriate, establish the recognition of equivalence between such education and training and that covered by Directive 89/48/EEC; whereas some regulated education and training should also be classed at diploma level in a second list;
(16) Whereas, in view of the constantly changing organization of professional training, there should be a procedure for amending those lists;
(17) Whereas, since it covers occupations the pursuit of which is dependent on the possession of professional or vocational education and training qualifications of secondary level and generally requires manual skills, the complementary general system must also provide for the recognition of such qualifications even where they have been acquired solely through professional experience in a Member State which does not regulate such professions;
(18) Whereas the aim of this general system, like the first general system, is to eliminate obstacles to the taking up and pursuit of regulated professions; whereas work carried out pursuant to Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (5), while pursuing a different objective from the elimination of legal obstacles to freedom of movement, namely that of improving the transparency of the labour market, must be used, where appropriate, in the application of this Directive, particularly where it could provide information on the subject, content and duration of professional training;
(19) Whereas professional bodies and professional educational and training establishments should, where appropriate, be consulted or be involved in an appropriate way in the decision-making process;
(20) Whereas, like the initial system, such a system, by strengthening the right of a Community national to use his occupational skills in any Member State, supplements and reinforces his right to acquire such skills wherever he wishes;
(21) Whereas the two systems should be evaluated, after a certain period of application, in order to determine how efficiently they operate and, in particular, how they can both be improved,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Definitions
Article 1
For the purposes of this Directive, the following definitions shall apply:
(a) diploma: any evidence of education and training or any set of such evidence:
- which has been awarded by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that State,
- which shows that the holder has successfully completed:
(i) either a post-secondary course other than that referred to in the second indent of Article 1 (a) of Directive 89/48/EEC, of at least one year's duration or of equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education, as well as the professional training which may be required in addition to that post-secondary course;
(ii) or one of the education and training courses in Annex C, and
- which shows that the holder has the professional qualifications required for the taking up or pursuit of a regulated profession in that Member State,
provided that the education and training attested by this evidence was received mainly in the Community, or outside the Community at teaching establishments which provide education and training in accordance with the laws, regulations or administrative provisions of a Member State, or that the holder thereof has three years' professional experience certified by the Member State which recognized third-country evidence of education and training.
The following shall be treated in the same way as a diploma within the meaning of the first subparagraph: any evidence of education and training or any set of such evidence awarded by a competent authority in a Member State if it is awarded on the successful completion of education and training received in the Community and recognized by a competent authority in that member State as being of an equivalent level and if it confers the same rights in respect of the taking up and pursuit of a regulated profession in that Member State;
(b) certificate: any evidence of education and training or any set of such evidence:
- which has been awarded by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that State,
- which shows that the holder, after having followed a secondary course, has completed:
either a course of education or training other than courses referred to in point (a), provided at an educational or training establishment or on the job, or in combination at an educational or training establishment and on the job, and complemented, where appropriate, by the probationary or professional practice required in addition to this course,
or the probationary or professional practice required in addition to this secondary course, or
- which shows that the holder, after having followed a secondary course of a technical or vocational nature has completed, where necessary,
either a course of education or training as referred to in the previous indent,
or the probationary or professional practice required in addition to this secondary course of a technical or vocational nature and
- which shows that the holder has the professional qualifications required for the taking up or pursuit of a regulated profession in that Member State,
provided that the education and training attested by this evidence was received mainly in the Community, or outside the Community at teaching establishments which provide education and training in accordance with the laws, regulations or administrative provisions of a Member State, or that the holder thereof has two years' professional experience certified by the Member State which recognized third-country evidence of education and training.
The following shall be treated in the same was as a certificate, within the meaning of the first subparagraph: any evidence of education and training or any set of such evidence awarded by a competent authority in a Member State if it is awarded on the successful completion of education and training received in the Community and recognized by a competent authority in a Member State as being of an equivalent level and if it confers the same rights in respect of the taking up and pursuit of a regulated profession in that Member State;
(c) attestation of competence: any evidence of qualifications:
- attesting to education and training not forming part of a set constituting a diploma within the meaning of Directive 89/48/EEC or a diploma or certificate within the meaning of this Directive, or
- awarded following an assessment of the personal qualities, aptitudes or knowledge which it is considered essential that the applicant have for the pursuit of a profession by an authority designated in accordance with the laws, regulations or administrative provisions of a Member State, without proof of prior education and training being required;
(d) host Member State: any Member State in which a national of a Member State applies to pursue a profession subject to regulation in that Member State, other than the State in which he obtained his evidence of education and training or attestation of competence or first pursued the profession in question;
(e) regulated profession: the regulated professional activity or range of activities which constitute this profession in a Member State;
(f) regulated professional activity: a professional activity the taking up or pursuit of which, or one of its modes of pursuit in a Member State, is subject, directly or indirectly, by virtue of laws, regulations or administrative provisions, to the possession of evidence of education and training or an attestation of competence. The following in particular shall constitute a mode of pursuit of a regulated professional activity:
- pursuit of an activity under a professional title, in so far as the use of such a title is reserved to the holders of evidence of education and training or an attestation of competence governed by laws, regulations or administrative provisions,
- pursuit of a professional activity relating to health, in so far as remuneration and/or reimbursement for such an activity is subject by virtue of national social security arrangements to the possession of evidence of education and training or an attestation of competence.
Where the first subparagraph does not apply, a professional activity shall be deemed to be a regulated professional activity if it is pursued by the members of an association or organization the purpose of which is, in particular, to promote and maintain a high standard in the professional field concerned and which, to achieve that purpose, is recognized in a special form by a Member State and:
- awards evidence of education and training to its members,
- ensures that its members respect the rules of professional conduct which it prescribes, and
- confers on them the right to use a professional title or designatory letters, or to benefit from a status corresponding to that education and training.
Whenever a Member State grants the recognition referred to in the second subparagraph to an association or organization which satisfies the conditions of that subparagraph, it shall inform the Commission thereof;
(g) regulated education and training: any education and training which:
- is specifically geared to the pursuit of a given profession, and
- comprises a course or courses complemented, where appropriate, by professional training or probationary or professional practice, the structure and level of which are determined by the laws, regulations or administrative provisions of that Member State or which are monitored or approved by the authority designated for that purpose;
(h) professional experience: the actual and lawful pursuit of the profession concerned in a Member State;
(i) adaptation period: the pursuit of a regulated profession in the host Member State under the responsibility of a qualified member of that profession, such period of supervised practice possibly being accompanied by further education and training. This period of supervised practice shall be the subject of an assessment. The detailed rules governing the adaptation period and its assessment shall be laid down by the competent authorities in the host Member State.
The status enjoyed in the host Member State by the person undergoing the period of supervised practice, in particular in the matter of right of residence as well as of obligations, social rights and benefits, allowances and remuneration, shall be established by the competent authorities in that Member State in accordance with applicable Community law;
(j) aptitude test: a test limited to the professional knowledge of the applicant, made by the competent authorities of the host Member State with the aim of assessing the ability of the applicant to pursue a regulated profession in that Member State.
In order to permit this test to be carried out, the competent authorities shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the Member State and that received by the applicant, are not
covered by the evidence of education and training possessed by the applicant. These subjects may cover both theoretical knowledge and practical skills required for the pursuit of the profession.
This aptitude test must take account of the fact that the applicant is a qualified professional in the Member State of origin or the Member State from which he comes. It shall cover subjects to be selected from those on the list referred to in the second subparagraph, knowledge of which is essential to the pursuit of the profession in the host Member State. The test may also include knowledge of the professional rules applicable to the activities in question in the host Member State. The detailed application of the aptitude test shall be determined by the competent authorities of that State.
The status in the host Member State of the applicant who wishes to prepare himself for the aptitude test in that State shall be determined by the competent authorities in that State, in accordance with applicable Community law.
CHAPTER II
Scope
Article 2
This Directive shall apply to any national of a Member State wishing to pursue a regulated profession in a host Member State in a self-employed capacity or as an employed person.
This Directive shall apply to neither professions which are the subject of a specific Directive establishing arrangements for the mutual recognition of diplomas by Member States, nor activities covered by a Directive listed in Annex A.
The Directives listed in Annex B shall be made applicable to the pursuit as an employed person of the activities covered by those Directives.
CHAPTER III
System for recognition where a host Member State requires possession of a diploma within the meaning of this Directive or Directive 89/48/EEC
Article 3
Without prejudice to Directive 89/48/EEC, where, in a host Member State, the taking up or pursuit of a regulated profession is subject to possession of a diploma, as defined in this Directive or in Directive 89/48/EEC, the competent authority may not, on the grounds of inadequate qualifications, refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as those which apply to its own nationals:
(a) if the applicant holds the diploma, as defined in this Directive or in Directive 89/48/EEC, required in another Member State for the taking up or pursuit of the profession in question in its territory, such diploma having been awarded in a Member State; or
(b) if the applicant has pursued the profession in question full-time for two years, or for an equivalent period on a part-time basis, during the previous 10 years in another Member State which does not regulate that profession within the meaning of either Article 1 (e) and the first subparagraph of Article 1 (f) of this Directive or Article 1 (c) and the first subparagraph of Article 1 (d) of Directive 89/48/EEC, and possesses evidence of education and training which:
- has been awarded by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that State, and
- either shows that the holder has successfully completed a post-secondary course, other than that referred to in the second indent of Article 1 (a) of Directive 89/48/EEC, of at least one year's duration, or of equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education, as well as any professional training which is an integral part of that post-secondary course,
- or attests to regulated education and training referred to in Annex D, and
- has prepared the holder for the pursuit of his profession.
However, the two years' professional experience referred to above may not be required where the evidence of education and training held by the applicant and referred to in this point is awarded on completion of regulated education and training.
The following shall be treated in the same way as the evidence of education and training referred to in the first subparagraph of this point: any evidence of education and training or any set of such evidence awarded by a competent authority in a Member State if it is awarded on the completion of education and training received in the Community and is recognized by that Member State as being of an equivalent level, provided that the other Member States and the Commission have been notified of this recognition.
By way of derogation from the first subparagraph of this Article, the host Member State is not required to apply this Article where the taking up or pursuit of a regulated profession is subject in its country to possession of a diploma as defined in Directive 89/48/EEC, one of the conditions for the issue of which shall be the completion of a post-secondary course of more than four years duration.
Article 4
1. Notwithstanding Article 3, the host Member State may also require the applicant:
(a) to provide evidence of professional experience, where the duration of the education and training adduced in support of his application, as laid down in points (a) and (b) of the first subparagraph of Article 3, is at least one year less than that required in the host Member State. In this event, the period of professional experience required may not exceed:
- twice the shortfall in duration of education and training where the shortfall relates to a post-secondary course and/or to a period of probationary practice carried out under the control of a supervising professional person and ending with an examination,
- the shortfall where the shortfall relates to professional practice acquired with the assistance of a qualified member of the profession concerned.
In the case of diplomas within the meaning of the second subparagraph of Article 1 (a), the duration of education and training recognized as being of an equivalent level shall be determined as for the education and training defined in the first subparagraph of Article 1 (a).
When these provisions are applied, account must be taken of the professional experience referred to in point (b) of the first subparagraph of Article 3.
In any event, the professional experience required may not exceed four years.
Professional experience may not, however, be required of an applicant holding a diploma attesting to a post-secondary course as referred to in the second indent of Article 1 (a) or a diploma as defined in Article 1 (a) of Directive 89/48/EEC who wishes to pursue his profession in a host Member State which requires the possession of a diploma or evidence of education and training attesting to one of the courses of education and training as referred to in Annexes C and D;
(b) to complete an adaptation period not exceeding three years or take an aptitude test where:
- the theoretical and/or practical matters covered by the education and training which he has received as laid down in points (a) or (b) of the first subparagraph of Article 3 differ substantially from those covered by the diploma, as defined in this Directive or in Directive 89/48/EEC, required in the host Member State, or
- in the case referred to in point (a) of the first subparagraph of Article 3, the profession regulated in the host Member State comprises one or more regulated professional activities which do not form part of the profession regulated in the Member State from which the applicant originates or comes and that difference corresponds to specific education and training required in the host Member State and covers theoretical and/or practical matters which differ substantially from those covered by the diploma, as defined in this Directive or in Directive 89/48/EEC, adduced by the applicant, or
- in the case referred to in point (b) of the first subparagraph of Article 3, the profession regulated in the host Member State comprises one or more regulated professional activities which do not form part of the profession pursued by the applicant in the Member State from which he originates or comes, and that difference corresponds to specific education and training required in the host Member State and covers theoretical and/or practical matters which differ substantially from those covered by the evidence of education and training adduced by the applicant.
Should the host Member State make use of this possibility, it must give the applicant the right to choose between an adaptation period and an aptitude test. Where the host Member State, which requires a diploma as defined in Directive 89/48/EEC or in this Directive, intends to introduce derogations from an applicant's right to choose, the procedure laid down in Article 14 shall apply.
By way of derogation from the second subparagraph of this point, the host Member State may reserve the right to choose between the adaptation period and the aptitude test if
- a profession is involved the pursuit of which requires a precise knowledge of national law and in respect of which the provision of advice and/or assistance concerning national law is an essential and constant feature of the professional activity, or
- where the host Member State makes access to the profession or its pursuit subject to the possession of a diploma as defined in Directive 89/48/EEC, one of the conditions for the award of which is the completion of a post-secondary course of at least three years' duration or an equivalent period on a part-time basis and the applicant holds either a diploma as defined in this Directive or evidence of education and training within the meaning of point (b) of the first subparagraph of Article 3 and not covered by Article 3 (b) of Directive 89/48/EEC.
2. However, the host Member State may not apply the provisions of paragraph 1 (a) and (b) cumulatively.
CHAPTER IV
System for recognition where a host Member State requires possession of a diploma and the applicant is the holder of a certificate or has received corresponding education and training
Article 5
Where, in a host Member State, the taking up or pursuit of a regulated profession is subject to possession of a diploma, the competent authority may not, on the grounds of inadequate qualifications, refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as those which apply to its own nationals:
(a) if the applicant holds the certificate required in another Member State for the taking up or pursuit of the same profession in its territory, such certificate having been awarded in a Member State; or
(b) if the applicant has pursued the same profession full-time for two years during the previous 10 years in another Member State which does not regulate that profession, within the meaning of Article 1 (e) and the first subparagraph of Article 1 (f), and possesses evidence of education and training:
- which was been awarded by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that State, and
- which shows that the holder, after having followed a secondary course, has completed:
either a course of professional education or training other than courses referred to in point (a), provided at an educational or training establishment or on the job, or in combination at an educational or training establishment and on the job and complemented, where appropriate, by the probationary or professional practice which is an integral part of that training course,
or the probationary or professional practice which is an integral part of that secondary course, or
- which shows that the holder, after having followed a secondary course of a technical or vocational nature has completed, where necessary,
either a course of professional education or training as referred to in the previous indent,
or the period of probationary or professional practice which is an integral part of that secondary course of a technical or vocational nature and
- which has prepared the holder for the pursuit of this profession.
However, the two years' professional experience referred to above may not be required where the evidence of education and training held by the applicant and referred to in this point is awarded on completion of regulated education and training.
Nevertheless, the host Member State may require the applicant to undergo an adaptation period not exceeding three years or take an aptitude test. The host Member State must give the applicant the right to choose between an adaptation period and an aptitude test.
Where the host Member State intends to introduce derogations from an applicant's right to choose, the procedure laid down in Article 14 shall apply.
CHAPTER V
System for recognition where a host Member State requires possession of a certificate
Article 6
Where, in the host Member State, the taking up or pursuit of a regulated profession is subject to possession of a certificate, the competent authority may not, on the grounds of inadequate qualifications, refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as those which apply to its own nationals:
(a) if the applicant holds the diploma, as defined in this Directive or in Directive 89/48/EEC, or the certificate required in another Member State for the taking up or pursuit of the profession in question in its territory, such diploma having been awarded in a Member State; or
(b) if the applicant has pursued the profession in question full-time for two years or for an equivalent period on a part-time basis during the previous 10 years in another Member State which does not regulate that profession, within the meaning of
Article 1
(e) and the first subparagraph of Article 1 (f), and possesses evidence of education and training:
- which has been awarded by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that State, and
- which shows that the holder has successfully completed a post-secondary course other than that referred to in the second indent of Article 1 (a) of Directive 89/48/EEC, of at least one year's duration or of equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the completion of the secondary course required to obtain entry to university or higher education, as well as any professional training which is an integral part of that post-secondary course, or
- which shows that the holder, after having followed a secondary course, has completed:
either a course of education or training for a profession other than courses referred to in point (a), provided at an educational establishment or on the job, or in combination at an educational establishment and on the job and complemented, where appropriate, by the probationary or professional practice which is an integral part of that training course,
or the probationary or professional practice which is an integral part of that secondary course, or
- which shows that the holder, after having followed a secondary course of a technical or vocational nature has completed, where necessary,
either a course of education or training for a profession as referred to in the previous indent,
or the period of probationary or professional practice which is an integral part of that secondary course of a technical or vocational nature and
- which has prepared the holder for the pursuit of this profession.
However, the two years' professional experience referred to above may not be required where the evidence of education and training held by the applicant and referred to in this point is awarded on completion or regulated education and training.
(c) if the applicant who does not hold any diploma, certificate or other evidence of education and training within the meaning of Article 3 (b) or of point (b) of this Article has pursued the profession in question full-time for three consecutive years, or for an equivalent period on a part-time basis, during the previous 10 years in another Member State which does not regulate that profession within the meaning of Article 1 (e) and the first subparagraph of Article 1 (f).
The following shall be treated in the same way as the evidence of education and training referred to under (b) in the first subparagraph: any evidence of education and training or any set of such evidence awarded by a competent authority in a Member State if it is awarded on the completion of education and training received in the Community and is recognized by that Member State as being of an equivalent level, provided that the other Member States and the Commission have been notified of this recognition.
Article 7
Without prejudice to Article 6, a host Member State may also require the applicant to:
(a) complete an adaptation period not exceeding two years or to take an aptitude test when the education and training which he received in accordance with points (a) or (b) of the first subparagraph of Article 5 relates to theoretical or practical matters differing substantially from those covered by the certificate required in the host Member State, or where there are differences in the fields of activity characterized in the host Member State by specific education and training relating to theoretical or practical matters differing substantially from those covered by the applicant's evidence of formal qualifications.
Should the host Member State make use of this possibility, it must give the applicant the right to choose between an adaptation period and an aptitude test. Where the host Member State which requires a certificate intends to introduce derogations as regards an applicant's right to choose, the procedure laid down in Article 14 shall apply;
(b) undergo an adaptation period not exceeding two years or take an aptitude test where, in the instance referred to in point (c) of the first subparagraph of Article 6, he does not hold a diploma, certificate or other evidence of education and training. The host Member State may reserve the right to choose between an adaptation period and an aptitude test.
CHAPTER VI
Special systems for recognition of other qualifications
Article 8
Where, in the host Member State, the taking up or pursuit of a regulated profession is subject to possession of
an attestation of competence, the competent authority may not, on the grounds of inadequate qualifications, refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as those which apply to its own nationals:
(a) if the applicant holds the attestation of competence required in another Member State for the taking up or pursuit of the same profession in its territory, such attestation having been awarded in a Member State; or
(b) if the applicant provides proof of qualifications obtained in other Member States,
and giving guarantees, in particular in the matter of health, safety, environmental protection and consumer protection, equivalent to those required by the laws, regulations or administrative provisions of the host Member State.
If the applicant does not provide proof of such an attestation or of such qualifications the laws, regulations or administrative provisions of the host Member State shall apply.
Article 9
Where, in the host Member State, the taking up or pursuit of a regulated profession is subject only to possession of evidence of education attesting to general education at primary or secondary school level, the competent authority may not, on the grounds of inadequate qualifications, refuse to authorize a national of a Member State to take up or pursue that profession on the same conditions as those which apply to its own nationals if the applicant possesses formal qualifications of the corresponding level, awarded in another Member State.
This evidence of formal qualifications must have been awarded by a competent authority in that Member State, designated in accordance with its own laws, regulations or administrative provisions.
CHAPTER VII
Other measures to facilitate the effective exercise of the right of establishment, freedom to provide services and freedom of movement of employed persons
Article 10
1. Where the competent authority of the host Member State requires of persons wishing to take up a regulated profession proof that they are of good character or repute or that they have not been declared bankrupt, or suspends or prohibits the pursuit of that profession in the event of serious professional misconduct or a criminal offence, that State shall accept as sufficient evidence, in respect of nationals of Member States wishing to pursue that profession in its territory, the production of documents issued by competent authorities in the Member State of origin or the Member State from which the foreign national comes showing that those requirements are met.
Where the competent authorities of the Member State of origin or of the Member State from which the foreign national comes do not issue the documents referred to in the first subparagraph, such documents shall be replaced by a declaration on oath - or, in Member States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the Member State of origin or the Member State from which the person comes; such authority or notary shall issue written confirmation attesting the authenticity of the declaration on oath or solemn declaration.
2. Where the competent authority of the host Member State requires of nationals of that Member State wishing to take up or pursue a regulated profession a statement of physical of mental health, that authority shall accept as sufficient evidence in this respect the production of the document required in the Member State of origin or the Member State from which the foreign national comes.
Where the Member State of origin or the Member State from which the foreign national comes does not impose any requirements of this nature on those wishing to take up or pursue the profession in question, the host Member State shall accept from such nationals a statement issued by a competent authority in that State corresponding to the statement issued in the host Member State.
3. The competent authority of the host Member State may require that the documents and statements referred to in paragraphs 1 and 2 are presented no more than three months after their date of issue.
4. Where the competent authority of the host Member State requires nationals of that Member State wishing to take up or pursue a regulated profession to take an oath or make solemn declaration and where the form of such oath or declaration cannot be used by nationals of other Member States, that authority shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned.
Article 11
1. The competent authorities of host Member States shall recognize the right of nationals of Member States who fulfil the conditions for the taking up and pursuit
of a regulated profession in their territory to use the professional title of the host Member State corresponding to that profession.
2. The competent authority of the host Member State shall recognize the right of nationals of Member States who fulfil the conditions for the taking up and pursuit of a regulated profession in the territory to use their lawful academic title and, where appropriate, the abbreviation thereof deriving from their Member State of origin or the Member State from which they come, in the language of that State. The host Member State may require this title to be followed by the name and location of the establishment or examining board which awarded it.
3. Where a profession is regulated in the host Member State by an association or organization referred to in Article 1 (f), nationals of Member States shall be entitled to use the professional title or designatory letters conferred by that organization or association only on proof of membership.
Where the association or organization makes membership subject to certain qualification requirements, it may apply these to nationals of other Member States who are in possession of a diploma within the meaning of Article 1 (a), a certificate within the meaning of Article 1 (b) or evidence of education and training or qualification within the meaning of point (b) of the first subparagraph of Article 3, point (b) of the first subparagraph of Article 5 or Article 9 in accordance only with this Directive, in particular Articles 3, 4 and 5.
Article 12
1. The host Member State shall accept as means of proof that the conditions laid down in Articles 3 to 9 are satisfied the documents issued by the competent authorities in the Member States, which the person concerned shall submit in support of his application to pursue the profession concerned.
2. The procedure for examining an application to pursue a regulated profession shall be completed as soon as possible and the outcome communicated in a reasoned decision of the competent authority in the host Member State not later than four months after presentation of all the documents relating to the person concerned. A remedy shall be available against this decision or the absence thereof, before a court or tribunal in accordance with the provisions of national law.
CHAPTER VIII
Procedure for coordination
Article 13
1. Member States shall designate, within the period provided for in Article 17, the competent authorities empowered to receive the applications and take the decisions referred to in this Directive. They shall communicate this information to the other Member States and to the Commission.
2. Each Member State shall designate a person responsible for coordinating the activities of the authorities referred to in paragraph 1 and shall inform the other Member States and the Commission to that effect. His role shall be to promote uniform application of this Directive to all the professions concerned. This coordinator shall be a member of the coordinating group set up under the aegis of the Commission by Article 9 (2) of Directive 89/48/EEC.
The coordinating group set up under the aforementioned provision of Directive 89/48/EEC shall also be required to:
- facilitate the implementation of this Directive,
- collect all useful information for its application in the Member States, particularly information relating to the establishment of an indicative list of regulated professions and to the disparities between the qualifications awarded in the Member States with a view to assisting the competent authorities of the Member States in their task of assessing whether substantial differences exist.
The group may be consulted by the Commission on any changes to the existing system which may be contemplated.
3. The Member States shall take measures to provide the necessary information on the recognition of diplomas and certificates and on other conditions governing the taking up of the regulated professions within the framework of this Directive. To carry out this task they may call upon the existing information networks and, where appropriate, the relevant professional associations or organizations. The Commission shall take the necessary initiatives to ensure the development and coordination of the communication of the necessary information.
CHAPTER IX
Procedure for derogating from the right to choose between adaptation period and aptitude test
Article 14
1. If, pursuant to the second sentence of the second subparagraph of Article 4 (1) (b), the third subparagraph of Article 5, or the second sentence of the second subparagraph of Article 7 (a), a Member State proposes not to grant applicants the right to choose between an adaptation period and an aptitude test, it shall immediately communicate to the Commission the corresponding draft provision. It shall at the same time notify the Commission of the grounds which make the enactment of such a provision necessary.
The Commission shall immediately notify the other Member States of any draft which it has received; it may also consult the coordinating group referred to in Article 13 (2) on the draft.
2. Without prejudice to the possibility for the Commission and the other Member States to make comments on the draft, the Member State may adopt the provision only if the Commission has not taken a decision to the contrary within three months.
3. At the request of a Member State or the Commission, Member States shall communicate to them, without delay, the definitive text of any provision arising from the application of this Article.
CHAPTER X
Procedure for amending Annexes C and D
Article 15
1. The lists of education and training courses set out in Annexes C and D may be amended on the basis of a reasoned request from any Member State concerned to the Commission. All appropriate information and in particular the text of the relevant provisions of national law shall accompany the request. The Member State making the request shall also inform the other Member States.
2. The Commission shall examine the education and training course in question and those required in the other Member States. It shall verify in particular whether the qualification resulting from the course in question confers on the holder:
- a level of professional education or training of a comparably high level to that of the post-secondary course referred to in point (i) of the second indent of the first subparagraph of Article 1 (a),
- a similar level of responsibility and activity.
3. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.
4. 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 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.
5. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission shall defer for a period of two months the application of the measures which it has decided.
6. The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.
7. The Commission shall inform the Member State concerned of the decision and shall, where appropriate, publish the amended list in the Official Journal of the European Communities.
CHAPTER XI
Other provisions
Article 16
Following the expiry of the period provided for in Article 17, Member States shall communicate to the Commission, every two years, a report on the application of the system introduced.
In addition to general remarks, this report shall contain a statistical summary of the decisions taken and a description of the main problems arising from the application of this Directive.
Article 17
1. Member States shall adopt the laws, regulations and administrative provisions necessary for them to comply with this Directive before 18 June 1994. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, the latter shall include a reference to this Directive or be accompanied by such reference at the time of their official publication. The methods of making such a 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 18
Five years at the latest following the date specified in Article 17, the Commission shall report to the European Parliament, the Council and the Economic and Social Committee on the progress of the application of this Directive.
After conducting all necessary consultations, the Commission shall present its conclusions as to any changes which need to be made to this Directive. At the same time the Commission shall, where appropriate, submit proposals for improving the existing rules in the interest of facilitating freedom of movement, right of establishment and freedom to provide services.
Article 19
This Directive is addressed to the Member States.
Done at Luxembourg, 18 June 1992. | [
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COMMISSION REGULATION (EEC) No 464/91 of 27 February 1991 amending Commission Regulation (EEC) No 1729/78, the Annex to Council Regulation (EEC) No 1010/86 and Annex I to Regulation (EEC) No 1785/81 in respect of the production refund for sugar used in the chemical industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 305/91 (2), and in particular Articles 9 (6) and 19 (7) thereof,
Having regard to Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down general rules for the production refund on certain sugar products used in the chemical industry (3), as last amended by Regulation (EEC) No 1771/90 (4), and in particular Article 8
thereof,
Whereas experience acquired since the implementation of the new system of production refunds as from 1 July 1986 and more particularly since its modification as from 1 July 1990 shows that it is necessary for some of its technical and administrative rules to be altered so that it can be applied more efficiently, particularly at the stage of the application for the production refund; whereas, to this end, the minimum tolerance used for considering that the person concerned has fulfilled his principal obligation of processing the basic product or the intermediate product should also be raised in order to take into account the technical constraints of processing, particularly in the case of the fermentation processes where the yield varies enormously depending on the reactions of micro-organisms; whereas it is also desirable for a maximum tolerance to be introduced to cover cases in which a processing operation is unsuccessful and the processor is forced to use a larger quantity of the basic product than was initially considered necessary without him having, as a result, within this limit, to start a separate file in order for the additional quantity processed in this way to qualify under the system;
Whereas Commission Regulation (EEC) No 1729/78 (5), as last amended by Regulation (EEC) No 2029/90 (6), should be amended accordingly;
Whereas the regular review of the Annex to Regulation (EEC) No 1010/86 shows that it should be supplemented by a number of chemical products in the manufacture of which basic sugar-sector products are used; whereas these same products should therefore be inserted in Annex I to Regulation (EEC) No 1785/81 relating to export refunds in order to bring it into line with the aforementioned Annex;
Whereas the product known as 'crispbread', containing added sugar, listed in the former Brussels Nomenclature, was included in the Common Customs Tariff; whereas it fell within subheading 19.08 B and was listed in Annex I to Regulation (EEC) No 1785/81; whereas, however, when the old Common Customs Tariff was transposed into the new 'combined nomenclature' (CN) applicable from 1 January 1988, this product failed to be included in the Annex in question; whereas the former situation should therefore be restored by inserting the product in Annex I to Regulation (EEC) No 1785/81;
Whereas, in order that uniform treatment and management be maintained throughout the marketing year, the abovementioned measures should be applied as from 1 July 1991, the beginning of the next 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
Regulation (EEC) No 1729/78 is hereby amended as follows:
1. The following second subparagraph is added to Articles 2 (2) and 3 (3):
'For the purposes of the first subparagraph:
(a) shall be considered as one and the same basic product:
(i) white sugar falling within CN code 1701 99 10; sugar containing added flavouring or colouring matter falling within CN code 1701 91 00; sugar containing other added substances falling within CN code 1701 99 90 and sucrose syrups having a purity of at least 85 % falling within CN codes 1702 60 90 and 1702 90 90;
(ii) raw sugar falling within CN codes 1701 11 and 1701 12;
(iii) isoglucose falling within CN codes ex 1702 40 10, 1702 60 10 and 1702 90 30;
(iv) the intermediate products referred to in Article 1a of this Regulation and in the first subparagraph of Article 1 (1a) of Regulation (EEC) No 1010/86;
(b) the entry concerning the use to which the basic product is to be put may, on request and with the agreement of the competent authorities of the Member State in question, relate only to the CN chapter under which the chemical product(s) to be manufactured fall.'
2. In the second subparagraph of Article 2 (6), the percentage '95 %' is replaced by '90 %'.
3. The following second subparagraph is added to Article 4 (1):
'Where the quantity of basic product or of processed intermediate product exceeds the quantity indicated in the refund certificate, that additional quantity shall be considered, within a limit of 5 %, as processed for the purposes of the certificate with entitlement to payment of the production refund indicated in it.'
4. The first paragraph of Article 10 is replaced by the following:
'The production refund shall be paid in respect of the quantity of basic product or intermediate product processed within the limit referred to in the second subparagraph of Article 4 (1)'. Article 2
The chemical products listed in Annex I to this Regulation are hereby inserted in the Annex to Regulation (EEC) No 1010/86. Article 3
The products listed in Annex II to this Regulation are hereby inserted in Annex I to Regulation (EEC) No 1785/81. Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 1991. | [
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COUNCIL DIRECTIVE
of 14 June 1989
extending the scope of Directives 65/65/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products and laying down special provisions for medicinal products derived from human blood or human plasma
(89/381/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas disparities in the laws, regulations or administrative provisions of Member States may hinder trade in medicinal products derived from human blood or human plasma within the Community;
Whereas the essential aim of any rules governing the production, distribution or use of medicinal products must be to ensure a high level of protection of public health;
Whereas the provisions laid down by Directive 65/65/EEC (4), as last amended by Directive 87/21/EEC (5), and by Directive 75/319/EEC (6), as last amended by Directive 83/570/EEC (7), both concerning the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products, although appropriate, are inadequate with regard to medicinal products derived from human blood or human plasma;
Whereas in accordance with Article 5 of Council Directive 87/22/EEC of 22 December 1986 on the approximation of national provisions relating to the placing on the market of high-technology medicinal products, particularly those derived from biotechnology (8); the Commission is required to submit proposals to harmonize, along the lines of Directive 75/319/EEC, the conditions for authorizing the manufacture and placing on the market of medicinal products derived from human blood or human plasma;
Whereas the Community entirely supports the efforts of the Council of Europe to promote voluntary unpaid blood and plasma donation to attain self-sufficiency throughout the Community in the supply of blood products, and to ensure respect for ethical principles in trade in therapeutic substances of human origin;
Whereas the rules designed to guarantee the quality, safety and efficacy of medicinal products derived from human blood or human plasma must be applied in the same manner to both public and private establishments, and to blood and plasma imported from third countries;
Whereas, before an authorization to market a medicinal product derived from human blood or human plasma can be granted, the manufacturer must demonstrate his ability to guarantee batch-to-batch consistency and the absence of specific viral contamination, to the extent that the state of technology permits;
Whereas the Commission should be empowered to adopt, in close cooperation with the Committee for the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in Medicinal Products, any necessary changes in the requirements for the testing of proprietary medicinal products set out in the Annex to Council Directive 75/318/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of proprietary medicinal products (1), as last amended by Directive 87/19/EEC (2), to take account of the special nature of medicinal products derived from human blood or human plasma so as to ensure a higher level of quality, safety and efficacy,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. By way of derogation from Article 34 of Directive 75/319/EEC, and subject to the provisions of this Directive, Directives 65/65/EEC and 75/319/EEC shall aplly to medicinal products based on blood constituents which are prepared industrially by public or private establishments, hereinafter referred to as 'medicinal products derived from human blood or human plasma'; these medicinal products include, in particular albumin, coagulating factors and immunoglobulins of human origin.
2. This Directive shall not apply to whole blood, to plasma or to blood cells of human origin.
3. This Directive shall be without prejudice to Council Decision 86/346/EEC of 25 June 1986 accepting on behalf of the Community the European Agreement relating to the Exchange of Therapeutic Substances of Human Origin (3).
Article 2
1. The quantitative particulars of a medicinal product derived from human blood or human plasma shall be expressed by mass or by international units or by units of biological activity as appropriate to the product concerned.
2. In Directives 65/65/EEC and 75/319/EEC the expressions 'qualitative and quantitative particulars of the constituents' shall include particulars relating to biological activity and 'qualitative and quantitative composition' shall include the composition of the product expressed in terms of biological activity.
3. In any document drawn up for the purposes of this Directive, where the name of a medicinal product derived from human blood or human plasma is expressed, the common or scientific name of the active constituents shall also be included at least once; it may be abbreviated in the remaining references.
Article 3
In respect of the use of human blood or human plasma as a starting material for the manufacture of medicinal products:
1. Member States shall take the necessary measures to prevent the transmission of infectious diseases. Insofar as this is covered by the amendments referred to in Article 6, as well as the application of the monographs of the European Pharmacopoeia regarding blood and plasma, these measures shall comprise those recommended by the Council of Europe and the World Health Organization, particularly with reference to the selection and testing of blood and plasma donors;
2. Member States shall take the necessary measures to ensure that human blood and human plasma donors and donation centres are always clearly identifiable;
3. All the safety guarantees referred to in paragraphs 1 and 2 must also be given by importers of human blood or human plasma from third countries;
4. Member States shall take the necessary measures to promote Community self-sufficiency in human blood or human plasma. For this purpose, they shall encourage the voluntary unpaid donation of blood and plasma and shall take the necessary measures to develop the production and use of products derived from human blood or human plasma coming from voluntary unpaid donations. They shall notify the Commission of such measures.
Article 4
1. Member States shall take all necessary measures to ensure that the manufacturing and purifying processes used in the preparation of medicinal products derived from human blood or human plasma are properly validated, attain batch-to-batch consistency and guarantee, insofar as the state of technology permits, the absence of specific viral contamination. To this end manufacturers shall notify the competent authorities of the method used to reduce or eliminate pathogenic viruses liable to be transmitted by medicinal products derived from human blood or human plasma. The ocmpetent authority may submit samples of the bulk and/or finished product for testing by a State laboratory or a laboratory designated for that purpose, either during the examination of the application pursuant to Article 4 of Directive 75/319/EEC, or after a marketing authorization has been granted.
2. For the purpose of implementing Article 8 of Directive 65/65/EEC and Article 27 of Directive 75/319/EEC, Member States may require manufacturers of medicinal products derived from human blood or human plasma to submit to a competent authority copies of all the control reports signed by the qualified person, in accordance with Article 22 of Directive 75/319/EEC.
3. Where, in the interests of public health, the laws of a Member State so provide, the competent authorities may require persons responsible for marketing medicinal products derived from human blood or human plasma to submit samples from each batch of the bulk and/or finished product for testing by a State laboratory or a laboratory designated for that purpose before being released into free circulation, unless the competent authorities of another Member State have previously examined the batch in question and declared it to be in conformity with the approved specifications. Member States shall ensure that any such examination is completed within sixty days of the receipt of the samples.
Article 5
The procedure laid down in Directive 87/22/EEC shall be extended as necessary to cover medicinal products derived from human blood or human plasma.
Article 6
Any necessary amendments to the testing requirements for medicinal products set out in the Annex to Directive 75/318/EEC to take account of the extension of the scope of Directives 65/65/EEC and 75/319/EEC to cover medicinal products derived from human blood or human plasma shall be adopted in accordance with the procedure laid down in Article 2c of Directive 75/318/EEC.
Article 7
1. Save in the case provided for in paragraph 2, Member States shall take the necessary measures to comply with this Directive before 1 January 1992. They shall forthwith inform the Commission thereof.
2. In the event of the amendments to Directive 75/318/EEC referred to in Article 6 not being adopted by the date referred to in paragraph 1, this date shall be replaced by the date of adoption of the said amendments.
3. Requests for marketing authorization for the products concerned lodged after the date of application of this Directive shall comply with the provisions thereof.
4. This Directive shall be progressively extended, before 31 December 1992, to existing medicinal products derived from human blood or human plasma, referred to in Article 1 (1).
Article 8
This Directive is addressed to the Member States.
Done at Luxembourg, 14 June 1989. | [
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COMMISSION DECISION
of 15 April 1986
authorizing Belgium, Denmark and Ireland to permit temporarily the marketing of field pea seed not satisfying the requirements of Council Directive 66/401/EEC
(86/227/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 17 thereof,
Having regard to the requests submitted by Belgium, Denmark and Ireland,
Whereas in Belgium the production of seed of field pea (Pisum sativum L. partim) of the round green type intended for agricultural use in spring sowing satisfying the requirements laid down in Directive 66/401/EEC, was insufficient in 1985 and is not adequate to supply the needs of that country;
Whereas in Denmark the production of seed of field pea of the early ripening, short growth type, satisfying the requirements laid down in Directive 66/401/EEC, was insufficient in 1985 and is not adequate to supply the needs of that country;
Whereas in Ireland the production of seed of field pea of the types known as white pea and marrowfat, satisfying the requirements laid down in Directive 66/401/EEC, was insufficient in 1985 and is not adequate to supply the needs of that country;
Whereas it has not been possible to cover those needs satisfactorily by the use of certified seed from other Member States, or even from non-member countries, satisfying all the requirements laid down in the said Directive;
Whereas Belgium, Denmark and Ireland should therefore be authorized to permit, for a period expiring on 30 June 1986, the marketing of seed of the abovementioned species of a category subject to less stringent requirements;
Whereas it appears desirable also to authorize other Member States which are able to supply Belgium, Denmark and Ireland with such seed not satisfying the requirements of the said Directive to permit the marketing of such seed, provided that it is intended exclusively for Belgium, Denmark or Ireland;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
Belgium, Denmark and Ireland are hereby authorized to permit, until 30 June 1986, the marketing on their territories of:
- in the case of Belgium, a maximum of 440 tonnes of seed of field pea (Pisum sativum L. partim) of the round green type intended for agricultural use in spring sowing of the category 'commercial seed',
- in the case of Denmark, a maximum of 5 900 tonnes of seed of field pea of the early ripening, short growth type of the category 'certified seed, first generation' or 'certified seed, second generation' which does not satisfy the requirements relating to minimum germination capacity laid down in Annex II to Directive 66/401/EEC,
- in the case of Ireland, a maximum of 320 tonnes of seed of field pea of the types known as white pea and marrowfat of the category 'certified seed, second generation' which does not satisfy the requirements relating to minimum germination capacity laid down in Annex II to Directive 66/401/EEC,
provided that the following requirements are satisfied:
(a) in the cases of Denmark and Ireland, the germination capacity of the seed shall be at least 70 % of pure seed;
(b) in the cases of Denmark and Ireland, the official label of the seed shall state: 'Minimum germination capacity 70 %';
(c) in all cases, the official label of the seed shall state: 'Intended exclusively for Belgium', 'Intended exclusively for Denmark' or 'Intended exclusively for Ireland', as appropriate.
Article 2
The other Member States are hereby authorized to permit, subject to the conditions laid down in Article 1, the marketing in their territories of a maximum of 6 660 tonnes of field pea seed, provided that such seed is intended exclusively for Belgium, Denmark or Ireland.
The official label shall state: 'Intended exclusively for Belgium', 'Intended exclusively for Denmark' or 'Intended exclusively for Ireland', as appropriate.
Article 3
The Member States shall notify the Commission before 1 November 1986 of the quantities of seed marketed in their territories pursuant to this Decision. The Commission shall inform the other Member States thereof.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 15 April 1986. | [
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COUNCIL REGULATION (EC) No 533/97 of 17 March 1997 amending Regulation (EEC) No 2262/84 laying down special measures in respect of olive oil
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),
Whereas, in accordance with Article 1 (5) of Regulation (EEC) No 2262/84 (3), the Council, acting by a qualified majority on a proposal from the Commission, is to adopt before 1 January 1997 the method for financing actual expenditure of agencies as from the 1997/1998 marketing year;
Whereas work customarily entrusted to the agencies must be carried out during the 1997/1998 marketing year; whereas, as a result, provision should be made for a Community contribution to the agencies' expenditure for that period in order to ensure they can operate effectively and in accordance with the rules within the framework of the administrative autonomy provided for in Regulation (EEC) No 2262/84,
HAS ADOPTED THIS REGULATION:
Article 1
The last two subparagraphs of Article 1 (5) of Regulation (EEC) No 2262/84 are hereby replaced by the following:
'50 % of the agencies' actual expenditure for the 1997/1998 marketing year shall be covered by the general budget of the European Communities.
Before 1 October 1997, the Commission shall consider the need to maintain the Community contribution to the agencies' expenditure and, where appropriate, shall present a proposal to the Council. In accordance with the procedure provided for in Article 43 (2) of the Treaty, the Council shall decide before 1 January 1998 on any financing of the expenditure in question.`
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, 17 March 1997. | [
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COMMISSION REGULATION (EC) No 1322/1999
of 23 June 1999
establishing a forecast balance for the supply to the Azores and Madeira of cereal products covered by the specific measures provided for in Articles 2 to 10 of Council Regulation (EEC) No 1600/92
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, with regard to certain agricultural products(1), as last amended by Commission Regulation (EC) No 562/98(2), and in particular Article 10 thereof,
(1) Whereas the quantities of products eligible for the specific supply arrangements are determined by means of periodic forecast balances which may be revised according to the essential requirements of the market taking into account local production and traditional trade flows;
(2) Whereas in accordance with Article 2 of Regulation (EEC) No 1600/92 these arrangements include requirements for direct human consumption, and for processing and packaging in the Islands of products listed in the Annex to the aforementioned Regulation; whereas an assessment of these requirements is made annually in the context of a forecast supply balance which can be revised in the course of the year in the light of developments in the requirements of the Islands; whereas the assessment of the requirements of the processing and packaging industries, as regards products intended fo the local market or traditionally dispatched to the rest of the Community, may result in the establishment of a separate forecast supply balance;
(3) Whereas a forecast supply balance for the products concerned should be established covering the entire 12-month period 1 July 1999 to 30 June 2000;
(4) 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
For the purpose of Article 2 of Regulation (EEC) No 1600/92 the quantities in the forecast supply balance which shall benefit, as appropriate, from exemption from import charges in the case of products coming from third countries, or from payment of Community aid in the case of products coming from the Community market, are as indicated in the Annex.
Article 2
This Regulation shall enter into force on 1 July 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 1999. | [
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COUNCIL REGULATION (EEC) No 338/91 of 5 February 1991 determining the Community standard quality of fresh or chilled sheep carcases
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat (1), and in particular Article 4 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Article 4 (1) of Regulation (EEC) No 3013/89 requires that a weekly average weighted price for the carcases of sheep, fresh or chilled, on the representative Community markets be established on the basis of the prices recorded on the representative market or markets of each quotation area for the Community standard quality of fresh or chilled sheep carcases;
Whereas standard quality should therefore be defined; whereas this definition should take into account age, weight and fat criteria; whereas the definition should be confined to lambs from flocks specialized in the production of sheepmeat and should therefore exclude lambs from holdings where farmers market milk sheep and milk products based on sheep milk;
Whereas the Commission is gathering sufficiently precise statistics on the breakdown between flocks producing light lambs, on the one hand, and flocks producing heavy lambs, on the other; whereas the Commission is also preparing proposals on fixing Community carcase classification; whereas a later revision of the definition of standard quality should therefore take place;
Whereas the definition of standard quality should be applied for a limited period, pending the setting of Community carcase classification standards,
HAS ADOPTED THIS REGULATION: Article 1
The Community standard quality of fresh or chilled sheep carcases referred to in Article 4 (1) of Regulation (EEC) No 3013/89 shall be lamb of less than one year old at slaughter of acceptable fat level with a carcase weight or estimated carcase weight of at least 12 kg. 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 throughout the 1991 and 1992 marketing years. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 1991. | [
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COMMISSION REGULATION (EC) No 1146/2004
of 22 June 2004
fixing the definitive rate of refund and the percentage of system B export licences to be issued in the fruit and vegetables sector (tomatoes, oranges and apples)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1),
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (2), and in particular Article 6(7) thereof,
Whereas:
(1)
Commission Regulation (EC) No 766/2004 (3) fixed the indicative quantities for the issue of B system export licences.
(2)
The definitive rate of refund for tomatoes, oranges and apples covered by licences applied for under system B between 7 May and 3 June 2004 should be fixed at the indicative rate, and the percentage of licences to be issued for the quantities applied for should be laid down,
HAS ADOPTED THIS REGULATION:
Article 1
For applications for system B export licences submitted pursuant to Article 1 of Regulation (EC) No 766/2004 between 7 May and 3 June 2004, the percentages of licences to be issued and the rates of refund applicable are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 June 2004. | [
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Commission Regulation (EC) No 279/2003
of 14 February 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 15 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 February 2003. | [
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Commission Regulation (EC) No 2882/2000
of 27 December 2000
amending Regulation (EC) No 2331/97 on special conditions for granting export refunds on certain pigmeat products
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 organisation of the market in pigmeat(1), as last amended by Regulation (EC) No 1365/2000(2), and in particular Article 13(12) and Article 22 thereof,
Whereas:
(1) Commission Regulation (EC) No 2331/97(3), as amended by Regulation (EC) No 739/98(4), lays down quality criteria to be met for the granting of export refunds on certain pigmeat products.
(2) Commission Regulation (EEC) No 3846/87, of 17 December 1987 establishing an agricultural product nomenclature for export refunds(5), as last amended by Regulation (EC) No 2425/2000(6), lists the pigmeat products on which export refunds may be granted.
(3) The product codes listed in Annex I to Regulation (EC) No 2331/97 must be brought into line with recent amendments to Regulation (EEC) No 3846/87 and higher quality criteria must be set for products covered by CN code 1601 00 91 not containing poultrymeat in order to use the available resources more efficiently.
(4) 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 entries relating to CN code 1601 00 91 in Annex I to Regulation (EC) No 2331/97 are hereby replaced by those set out in the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 December 2000. | [
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COUNCIL DECISION
of 22 December 1995
fixing the amount of the Community financial contribution for 1995 to expenditure incurred by the Swedish authorities for the release of smolt
(95/578/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 125 thereof,
Whereas Article 125 of the 1994 Act of Accession provides that the Council, acting by qualified majority on a proposal from the Commission, is to fix annually the amount of the Community's financial contribution to the release of smolt carried out by the competent Swedish authorities;
Whereas that financial contribution must be approved in the light of the balances existing immediately before Sweden's accession;
Whereas Article 3 of the Agreement between the European Economic Community and the Government of Sweden on certain measures for the purpose of promoting the reproduction of salmon in the Baltic (1) provides that the amount of the contribution must be equal to the actual costs to the Swedish authorities of breeding, tagging and releasing the quantity of smolt necessary to produce a quantity of salmon equal to the non-reciprocal quota allocated to the Community in the Swedish fishery zone for the year during which the contribution is to be granted;
Whereas the Commission has received Sweden's application for the Community financial contribution for 1995; whereas this application is the same as for 1994;
Whereas the International Committee for Baltic Fisheries has recommended a total allowable catch (TAC) for the Baltic salmon stock and the proportion of that TAC to be allocated to the Community;
Whereas the TAC fixed for 1995 has been reduced and the Swedish application must be re-examined in the light of that fact;
Whereas the amount of the Community financial contribution has been calculated by applying proportionally this reduction in the non-reciprocal quota which Sweden is assumed to have allocated to the Community, had the bilateral agreement remained in force,
HAS ADOPTED THIS DECISION:
Article 1
The amount of the Community financial contribution for 1995 to expenditure on promoting salmon reproduction in the Baltic Sea shall not exceed ECU 666 092.
Article 2
This Decision is addressed to the Government of Sweden.
Done at Brussels, 22 December 1995. | [
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DIRECTIVE 2008/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 November 2008
on road infrastructure safety management
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
The trans-European road network defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (3), is of paramount importance in supporting European integration and cohesion as well as ensuring a high level of well-being. In particular, a high level of safety should be guaranteed.
(2)
In its White Paper of 12 September 2001‘European transport policy for 2010: time to decide’ the Commission expressed the need to carry out safety impact assessments and road safety audits, in order to identify and manage high accident concentration sections within the Community. It also set the target of halving the number of deaths on the roads within the European Union between 2001 and 2010.
(3)
In its Communication of 2 June 2003‘European Road Safety Action Programme, Halving the number of road accident victims in the European Union by 2010: A shared responsibility’ the Commission identified road infrastructure as the third pillar of road safety policy, which should make an important contribution to the Community’s accident reduction target.
(4)
In recent years, major advances have been made in vehicle design (safety measures and the development and application of new technologies) which have helped to reduce the number of people killed or injured in road accidents. If the target set for 2010 is to be achieved, action must be taken in other areas too. Managing the safety of road infrastructure offers plenty of scope for improvement, which must be used to advantage.
(5)
The setting up of appropriate procedures is an essential tool for improving the safety of road infrastructure within the trans-European road network. Road safety impact assessments should demonstrate, on a strategic level, the implications on road safety of different planning alternatives of an infrastructure project and they should play an important role when routes are being selected. The results of road safety impact assessments may be set out in a number of documents. Moreover, road safety audits should identify, in a detailed way, unsafe features of a road infrastructure project. It therefore makes sense to develop procedures to be followed in those two fields with the aim of increasing safety of road infrastructures on the trans-European road network, whilst at the same time excluding road tunnels which are covered by Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network (4).
(6)
Several Member States already possess well functioning road infrastructure safety management systems. These countries should be permitted to continue using their existing methods, in so far as they are consistent with the aims of this Directive.
(7)
Research is vital to improving safety on the roads within the European Union. Developing and demonstrating components, measures and methods (including telematics) and disseminating research results play an important part in increasing the safety of road infrastructure.
(8)
Safety performance of existing roads should be raised by targeting investments to the road sections with the highest accident concentration and/or the highest accident reduction potential. To be able to adapt their behaviour and increase compliance with traffic rules, in particular speed limits, drivers should be made aware of road sections with a high accident concentration.
(9)
Network safety ranking has a high potential immediately after its implementation. Once road sections with a high accident concentration have been treated and remedial measures have been taken, safety inspections as a preventive measure should assume a more important role. Regular inspections are an essential tool for preventing possible dangers for all road users, including vulnerable users, and also in case of roadworks.
(10)
Training and certification of safety personnel by means of training curricula and tools for qualification validated by the Member States should ensure that practitioners get the necessary up-to-date knowledge.
(11)
With a view to improving safety on the roads within the European Union, arrangements should be made for more frequent and more consistent exchanges of best practices among the Member States.
(12)
In order to ensure a high level of road safety on the roads within the European Union Member States should apply guidelines on infrastructure safety management. The notification of those guidelines to the Commission and regular reporting on their implementation should pave the way for the systematic improvement of infrastructure safety at Community level and provide a basis for the evolution towards a more effective system over time. The reporting on their implementation should, furthermore, allow other Member States to identify the most effective solutions, while the systematic collection of data from before/after studies should allow selecting the most effective measure for future action.
(13)
The provisions of this Directive which relate to investment in road safety should apply without prejudice to the Member States’ powers as regards investment in the upkeep of the road network.
(14)
Since the objective of this Directive namely the establishment of procedures to ensure a consistently high level of road safety throughout the trans-European road network cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
(15)
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).
(16)
In particular the Commission should be empowered to adopt the criteria necessary for the improvement of road safety management practices and the adaptation of the annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(17)
Sufficient roadside parking areas are very important not only for crime prevention but also for road safety. Parking areas enable drivers to take rest breaks in good time and continue their journey with full concentration. The provision of sufficient safe parking areas should therefore form an integral part of road infrastructure safety management.
(18)
In accordance with point 34 of the Interinstitutional Agreement on better law-making (6), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make them public,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter and scope
1. This Directive requires the establishment and implementation of procedures relating to road safety impact assessments, road safety audits, the management of road network safety and safety inspections by the Member States.
2. This Directive shall apply to roads which are part of the trans-European road network, whether they are at the design stage, under construction or in operation.
3. Member States may also apply the provisions of this Directive, as a set of good practices, to national road transport infrastructure, not included in the trans-European road network, that was constructed using Community funding in whole or in part.
4. This Directive shall not apply to road tunnels covered by Directive 2004/54/EC.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
1.
‘trans-European road network’ means the road network identified in Section 2 of Annex I to Decision No 1692/96/EC;
2.
‘competent entity’ means any public or private organisation set up at national, regional or local level, involved in the implementation of this Directive by reason of its competences, including bodies designated as competent entities which existed before the entry into force of this Directive, in so far as they meet the requirements of this Directive;
3.
‘road safety impact assessment’ means a strategic comparative analysis of the impact of a new road or a substantial modification to the existing network on the safety performance of the road network;
4.
‘road safety audit’ means an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to early operation;
5.
‘ranking of high accident concentration sections’ means a method to identify, analyse and rank sections of the road network which have been in operation for more than three years and upon which a large number of fatal accidents in proportion to the traffic flow have occurred;
6.
‘network safety ranking’ means a method for identifying, analysing and classifying parts of the existing road network according to their potential for safety development and accident cost savings;
7.
‘safety inspection’ means an ordinary periodical verification of the characteristics and defects that require maintenance work for reasons of safety;
8.
‘guidelines’ means measures adopted by Member States, which lay down the steps to be followed and the elements to be considered in applying the safety procedures set out in this Directive;
9.
‘infrastructure project’ means a project for the construction of new road infrastructure or a substantial modification to the existing network which affects the traffic flow.
Article 3
Road safety impact assessment for infrastructure projects
1. Member States shall ensure that a road safety impact assessment is carried out for all infrastructure projects.
2. The road safety impact assessment shall be carried out at the initial planning stage before the infrastructure project is approved. In that connection, Member States shall endeavour to meet the criteria set out in Annex I.
3. The road safety impact assessment shall indicate the road safety considerations which contribute to the choice of the proposed solution. It shall further provide all relevant information necessary for a cost-benefit analysis of the different options assessed.
Article 4
Road safety audits for infrastructure projects
1. Member States shall ensure that road safety audits are carried out for all infrastructure projects.
2. When carrying out road safety audits the Member States shall endeavour to meet the criteria set out in Annex II.
Member States shall ensure that an auditor is appointed to carry out an audit of the design characteristics of an infrastructure project.
The auditor shall be appointed in accordance with the provisions of Article 9(4) and shall have the necessary competence and training provided for in Article 9. Where audits are undertaken by teams, at least one member of the team shall hold a certificate of competence as referred to in Article 9(3).
3. Road safety audits shall form an integral part of the design process of the infrastructure project at the stage of draft design, detailed design, pre-opening and early operation.
4. Member States shall ensure that the auditor sets out safety critical design elements in an audit report for each stage of the infrastructure project. Where unsafe features are identified in the course of the audit but the design is not rectified before the end of the appropriate stage as referred to in Annex II, the reasons shall be stated by the competent entity in an Annex to that report.
5. Member States shall ensure that the report referred to in paragraph 4 shall result in relevant recommendations from a safety point of view.
Article 5
Safety ranking and management of the road network in operation
1. Member States shall ensure that the ranking of high accident concentration sections and the network safety ranking are carried out on the basis of reviews, at least every three years, of the operation of the road network. In that connection, Member States shall endeavour to meet the criteria set out in Annex III.
2. Member States shall ensure that road sections showing higher priority according to the results of the ranking of high accident concentration sections and from network safety ranking are evaluated by expert teams by means of site visits guided by the elements referred to in point 3 of Annex III. At least one member of the expert team shall meet the requirements set out in Article 9(4)(a).
3. Member States shall ensure that remedial treatment is targeted at the road sections referred to in paragraph 2. Priority shall be given to those measures referred to in point 3(e) of Annex III paying attention to those presenting the highest benefit-cost ratio.
4. Member States shall ensure that appropriate signs are in place to warn road users of road infrastructure segments that are undergoing repairs and which may thus jeopardise the safety of road users. These signs shall also include signs which are visible during both day and night time and set up at a safe distance and shall comply with the provisions of the Vienna Convention on Road Signs and Signals of 1968.
5. Member States shall ensure that road users are informed of the existence of a high accident concentration section by appropriate measures. If a Member State decides to use signposting, this shall comply with the provisions of the Vienna Convention on Road Signs and Signals of 1968.
Article 6
Safety inspections
1. Member States shall ensure that safety inspections are undertaken in respect of the roads in operation in order to identify the road safety related features and prevent accidents.
2. Safety inspections shall comprise periodic inspections of the road network and surveys on the possible impact of roadworks on the safety of the traffic flow.
3. Member States shall ensure that periodic inspections are undertaken by the competent entity. Such inspections shall be sufficiently frequent to safeguard adequate safety levels for the road infrastructure in question.
4. Without prejudice to the guidelines adopted pursuant to Article 8, Member States shall adopt guidelines on temporary safety measures applying to roadworks. They shall also implement an appropriate inspection scheme to ensure that those guidelines are properly applied.
Article 7
Data management
1. Member States shall ensure that for each fatal accident occurring on a road referred to in Article 1(2) an accident report is drawn up by the competent entity. Member States shall endeavour to include in that report each of the elements listed in Annex IV.
2. Member States shall calculate the average social cost of a fatal accident and the average social cost of a severe accident occurring in its territory. Member States may choose to further differentiate the cost rates, which shall be updated at least every five years.
Article 8
Adoption and communication of guidelines
1. Member States shall ensure that guidelines, if they do not already exist, are adopted by 19 December 2011, in order to support the competent entities in the application of this Directive.
2. Member States shall communicate these guidelines to the Commission within three months of their adoption or amendment.
3. The Commission shall make them available on a public website.
Article 9
Appointment and training of auditors
1. Member States shall ensure that, if they do not already exist, training curricula for road safety auditors are adopted by 19 December 2011.
2. Member States shall ensure that where road safety auditors carry out functions under this Directive, they undergo an initial training resulting in the award of a certificate of competence, and take part in periodic further training courses.
3. Member States shall ensure that road safety auditors hold a certificate of competence. Certificates awarded before the entry into force of this Directive shall be recognised.
4. Member States shall ensure that auditors are appointed in compliance with the following requirements:
(a)
they have relevant experience or training in road design, road safety engineering and accident analysis;
(b)
from two years after the adoption by the Member States of the guidelines pursuant to Article 8, road safety audits shall only be undertaken by auditors or teams to which auditors belong, meeting the requirements provided for in paragraphs 2 and 3;
(c)
for the purpose of the infrastructure project audited, the auditor shall not at the time of the audit be involved in the conception or operation of the relevant infrastructure project.
Article 10
Exchange of best practices
In order to improve the safety of roads within the European Union that are not part of the trans-European road network, the Commission shall establish a coherent system for the exchange of best practices between the Member States, covering, inter alia, existing road infrastructure safety projects and proven road safety technology.
Article 11
Continuous improvement of safety management practices
1. The Commission shall facilitate and structure the exchange of knowledge and best practices between Member States, making use of the experience gained in existing relevant international forums, with a view to achieving continuous improvement of safety management practices concerning road infrastructures in the European Union.
2. The Commission shall be assisted by the Committee referred to in Article 13. In so far as the adoption of specific measures is required, such measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
3. Where appropriate, relevant non-governmental organisations, active in the field of safety and management of road infrastructures, may be consulted on matters related to technical safety aspects.
Article 12
Adaptation to technical progress
The Annexes to this Directive shall be adapted to take account of technical progress in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
Article 13
Committee procedure
1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 14
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 December 2010. They shall forthwith communicate to the Commission the text of those provisions.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 15
Entry into force
This Directive shall enter into force on the 20th day following the day of its publication in the Official Journal of the European Union.
Article 16
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 19 November 2008. | [
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COMMISSION REGULATION (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 2221/88 (2), and in particular Articles 12 (2), 15 (5), 16 (6) and 24 thereof and the corresponding provisions of the other Regulations establishing a common organization of the market in respect of agricultural products,
Whereas Commission Regulation (EEC) No 3183/80 (3), as last amended by Regulation (EEC) No 2082/87 (4) which superseded Regulation (EEC) No 193/75 (5) which in turn superseded Regulation (EEC) No 1373/70 (6), lays down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products; whereas the provisions of Regulation (EEC) No 3183/80 have, however, been amended many times, in some cases substantially; whereas, therefore, in the interests of clarity and administrative efficiency it is advisable to consolidate the rules in question in a single text, at the same time marking certain amendments which experience has shown to be desirable;
Whereas the Community Regulations which introduced import and export licences provide that all imports into the Community and all exports from it are to be subject to the production of such a licence; whereas it should therefore expressly be made clear that such licences are not required for operations which do not in the strict sense constitute imports or exports;
Whereas, where products are subject to the arrangements provided for in Council Regulation (EEC) No 1999/85 of 16 July 1985 on inward processing relief arrangements (7), the competent authorities may in certain cases allow them to be put into free circulation either in the unaltered state or after processing; whereas in such cases, to ensure that the market is properly managed, an import licence should be required for products actually put into free circulation; whereas, however, where a product put into free circulation has been obtained from basic products some of which have been imported from non-member countries and some of which have been purchased in the Community, only those basic products imported from non-member countries need to be taken into consideration;
Whereas the levies applicable when goods covered by inward processing arrangements are put into free circulation are determined by Regulation (EEC) No 1999/85; whereas on that account the import licence presented when the goods are put into free circulation cannot be allowed to include an advance fixing of the levy; whereas, however, the levy may be determined by tender, as is currently the case with olive oil; whereas in such cases the levy applicable will appear on the import licence;
Whereas the object of import and export licences is the sound administration of the market organization; whereas some transactions involve small quantities; whereas, for the purpose of simplifying administrative procedures, it would seem desirable to provide for an exemption from the obligation to produce an import or export licence in respect of such transactions;
Whereas an export licence is not required for operations to victual ships and aircraft within the Community if advance fixing of a levy or refund is not requested; whereas, since the justification is similar, this provision should also apply to deliveries to platforms and naval vessels and to victualling in third countries; whereas, for the same reasons, it would seem desirable to provide for an exemption from the obligation to produce a licence in respect of the transactions referred to in Council Regulation (EEC) No 918/83 (8), as last amended by Regulation (EEC) No 1315/88 (9);
Whereas, in view of international trade practice in respect of the products or goods in question, certain tolerances should be allowed with regard to the quantity of products imported or exported as compared with the quantity indicated on the licence or certificate;
Whereas, in order to allow several operations to be carried out at the same time on the basis of one licence or certificate, provision should be made for the issue of extracts of licences and certificates which have the same effect as the licences and certificates from which they are extracted;
Whereas Community rules relating to the various sectors covered by the common organization of agricultural markets provide that import and export licences and advance fixing certificates are applicable to imports and exports effected in the Community; whereas such a rule requires the adoption of common provisions laying down conditions for the drawing up and use of such licences or certificates and the establishment of Community forms and methods of administrative cooperation between Member States;
Whereas the Community Regulations which introduced the abovementioned licences and certificates provide that they are to be issued subject to the lodging of a security so as to guarantee that the undertaking to import or export will be fulfilled during the period of their validity; whereas it is necessary to define when the undertaking to export or import is fulfilled;
Whereas advance fixing of the refunds and levies on the licences and certificates to be used is governed by the tariff classification of the product; whereas, in the case of certain mixtures, the rates of refund or levy do not depend on the tariff classification of the product but on special rules laid down for that purpose; whereas, therefore, where the component on which the refund or import levy applicable to the mixture is calculated does not correspond to the tariff classification of the mixture, it should be laid down that such imported or exported mixture does not qualify for the rate fixed in advance;
Whereas import licences are sometimes used to administer quantitative import arrangements; whereas such administration is possible only where knowledge of the imports effected on the basis of the licences issued is available within a fairly short period; whereas in such cases the production of evidence of the use of the licences is not required merely in the interest of sound administration but becomes an essential component of the administration of the quantitative arrangements; whereas the evidence in question is furnished by means of the production of copy 1 of the licence and, where appropriate, the extracts therefrom; whereas it is possible to supply such evidence within a fairly short period; whereas there is therefore a need to lay down such a time limit, which is to apply in cases where the Community rules on the licences used to administer quantitative arrangements make reference thereto;
Whereas in some cases the amount of security required in respect of a licence or certificate may be extremely small; whereas, in order to reduce the administrative load, no security should be required in such cases;
Whereas an import or export licence confers the right to import or export; whereas in consequence it must be presented at the time of acceptance of the import or export declaration;
Whereas, when simplified import or export procedures are used, the licence may be presented to the customs authorities subsequently; whereas, nevertheless, the importer or exporter must be in possession of a licence on the day which is regarded as the date of acceptance of the import or export declaration and must hold such document at the disposal of the customs authorities;
Whereas in the case of those exports for which a licence or certificate is required in order only to benefit from a rate fixed in advance, the present rules may be made more flexible in order to allow Member States to introduce a simplified procedure for the administrative handling of this document; whereas, in those cases where an authority is responsible both for issuing the licence or certificate and paying the export refund, the licence or certificate may be held by that authority;
Whereas, in the interest of sound administration, licences or certificates and extracts therefrom may not be amended after issue; whereas, however, in cases of doubt relating to an error attributable to the issuing agency or to obvious inaccuracies and concerning the items appearing on the licence or certificate or extract, a procedure should be introduced whereby inaccurate licences or certificates or extracts may be withdrawn and corrected documents issued;
Whereas when a product is placed under one of the procedures provided for in Title IV, Chapter I of Commission Regulation (EEC) No 1062/87 of 27 March 1987 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (10), as last amended by Regulation (EEC) No 1469/88 (11), when a carriage operation begins within the Community and is to end outside it, no formalities need be carried out at the customs office of the frontier station; whereas, where one of these procedures is applied, it would seem desirable in the interests of administrative simplicity to provide for special arrangements for the release of the security;
Whereas it may happen that by reason of circumstances beyond the control of the party concerned the document constituting proof of departure from the customs territory of the Community cannot be produced although the product has left the said territory or, in the case of operations as specified in Article 34 of Commission Regulation (EEC) No 3665/87 (12), as amended by Regulation (EEC) No 3494/88 (13), reached its destination; whereas such a situation may impede trade; whereas in such circumstances other documents should be recognized as being equivalent;
Whereas the Community Regulations which introduced the abovementioned licences and certificates provide that the security is to be forfeit in whole or in part if import or export is not carried out, or only partly carried out, during the period of validity of the licence or certificate; whereas the action to be taken in such circumstances should be specified in detail, in particular for cases where non-fulfilment of undertakings is due to force majeure; whereas in such cases the obligation to import or export may be considered cancelled or the period of validity of the licence or certificate may be extended; whereas, however, in order to prevent possible disruption of the market, that extension should in any case be limited to a maximum of six months calculated from the end of the original period of validity;
Whereas, in order to simplify administrative procedures, it would seem suitable to provide for the security to be returned in full when the total amount to be forfeit is very small;
Whereas the arrangements applicable with effect from 1 March 1986 in trade between the Community and Portugal will, during the first stage, be those in force before accession;
Whereas release of the security lodged at the time of the issue of the licences or certificates is subject to proof being furnished to the competent agencies that the goods in question have, within 60 days from the date of acceptance of the export declarations, left the customs territory of the Community;
Whereas on account of the specific character of the transition by stages provision should be made for the security lodged at the time of the issue of an export licence to be released as soon as the products for which the licence was issued have been released for consumption in Portugal;
Whereas the time when the import licence must be presented should be clearly stipulated in cases where a compensatory levy is applied;
Whereas Article 3 (4) of Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time-limits (14), lays down that where the last day of a period is a public holiday, Sunday or Saturday the period ends with the expiry of the last hour of the following working day; whereas that provision results in certain cases in the period of use of licences or certificates being extended; whereas such a measure, which is designed to facilitate trade, must not have the effect of changing the economic conditions of the import or export operation;
Whereas in some sectors of the common organization of the agricultural markets there is provision for the issue of export licences after a period of reflection; whereas the purpose of this period is to enable the market situation to be assessed and, where appropriate, in particular where there are difficulties, to enable suspension for applications pending, which amounts to rejection of those applications; whereas it should be specified that this possibility of suspension also applies to licences applied for pursuant to Article 44 of this Regulation and that once the period of reflection has elapsed the licence application cannot again be subject to suspension;
Whereas Article 14 of Council Regulation (EEC) No 754/76 of 25 March 1976 on the customs treatment applicable to goods returned to the customs territory of the Community (15) lays down that agricultural products exported under an export licence or an advance fixing certificate do not qualify under that Regulation unless the Community provisions relating to licences and certificates have been complied with; whereas it is necessary to lay down special rules for the application of the system of licences and certificates for products qualifying under Regulation (EEC) No 754/76;
Whereas certain provisions for the application of Regulation (EEC) No 754/76 are laid down by Commission Regulation (EEC) No 2945/76 (16); whereas Article 22 of Council Regulation (EEC) No 1430/79 of 2 July 1979 on the repayment or remission of import or export duties (17), as last amended by Regulation (EEC) No 3069/86 (18), lays down that goods which are put into free circulation under an import licence or advance fixing certificate shall not be eligible for the system of repayment or remission of import duties unless it is established that the necessary steps have been taken by the competent authorities to cancel the effects of putting those goods into free circulation as regards the licence or certificate;
Whereas Article 3 (2) of Commission Regulation (EEC) No 1574/80 (19) lays down in general certain implementing rules in respect of Article 22 of Regulation (EEC) No 1430/79 and, in particular, that an attestation must be furnished by the authorities responsible for issuing licences or certificates;
Whereas it is necessary to lay down in this Regulation all the rules necessary for implementing Article 22 of Regulation (EEC) No 1430/79; whereas it is possible, in some cases, to satisfy the provisions laid down in Regulation (EEC) No 1430/79 without having recourse to the attestation referred to in Article 3 (2) of Regulation (EEC) No 1574/80;
Whereas the measures provided for in this Regulation are in accordance with the opinions of all the relevant management committees,
HAS ADOPTED THIS REGULATION:
TITLE I SCOPE OF THE REGULATION Article 1 Subject to certain exceptions laid down in Community rules specific to certain products, this Regulation lays down common rules for implementing the system of import and export licences and advance fixing certificates (hereinafter referred to as ´licences' and ´certificates') established by or provided for in:
- Article 19 of Regulation No 136/66/EEC (oils and fats),
- Article 4a of Regulation No 142/67/EEC (rape and sunflower seed),
- Article 13 of Regulation (EEC) No 804/68 (milk and milk products),
- Article 15 of Regulation (EEC) No 805/68 and Article 5a of Regulation (EEC) No 885/68 (beef and veal),
- Article 4 of Regulation (EEC) No 2358/71 (seeds),
- Article 12 of Regulation (EEC) No 2727/75 (cereals),
- Article 14 of Regulation (EEC) No 2759/75 and Article 6 of Regulation (EEC) No 2768/75 (pigmeat),
- Article 6 of Regulation (EEC) No 2774/75 (eggs),
- Article 6 of Regulation (EEC) No 2779/75 (poultrymeat),
- Article 10 of Regulation (EEC) No 1418/76 (rice),
- Article 16 of Regulation (EEC) No 1837/80 (sheepmeat and goatmeat),
- Article 6 of Regulation (EEC) No 3035/80 (agricultural products exported in the forms of goods not covered by Annex II to the Treaty),
- Article 13 of Regulation (EEC) No 1785/81 (sugar and isoglucose),
- Articles 14 and 15 of Regulation (EEC) No 426/86 (products processed from fruit and vegetables),
- Article 52 of Regulation (EEC) No 822/87 (wine).
TITLE II AREA OF APPLICATION OF LICENCES AND CERTIFICATES Article 2 1. A licence or certificate shall not be required and may not be presented in respect of products:
(a) which are not placed in free circulation within the Community; or (b) in respect of which export is effected:
- under a customs procedure which allows import free of the relevant customs duties, charges having equivalent effect or agricultural levies, or - under special arrangements which allow export free of export duties, as referred to in Article 28 of Regulation (EEC) No 1999/85.
2. The provisions of paragraph 1 concerning export shall apply subject to the special provisions set out in Article 3 (4).
Article 3 1. Where products which are subject to inward processing arrangements and which do not contain basic products as referred to in paragraph 2 (a) are placed in free circulation, then, in so far as the products actually placed in free circulation are subject to an import licence, such licence must be produced.
2. Where products are placed in free circulation which are subject to either of the arrangements referred to in paragraph 1 and which contain both:
(a) one or more basic products which came within the terms of Article 9 (2) of the Treaty but no longer do so as a result of their incorporation in the products put into free circulation; and (b) one or more basic products which did not come within the terms of Article 9 (2) of the Treaty;
then, notwithstanding Article 8 (1), for each basic product as referred to in (b) actually used and being a product subject to an import licence, such licence must be produced. However, an import licence shall not be required where the product actually placed in free circulation is not subject to such a licence.
3. Subject to specific provisions concerning certain agricultural products, the import licence or licences produced when a product coming within paragraph 1 or 2 is placed in free circulation may not provide for advance fixing.
4. In trade between Spain, Portugal and the Community as constituted at 31 December 1985, the import licence or licences, as referred to in paragraphs 1 and 2, must be presented when applying the compensatory levy. The provisions of this paragraph shall not apply to the products referred to in Article 259 of the Act of Accession.
5. On exportation of a product subject to either of the arrangements referred to in paragraph 1 and containing one or more of the basic products referred to in paragraph 2 (a), then for each such basis product, being a product subject to an export licence, such licence shall be produced.
However, subject to the provisions of the next subparagraph concerning the advance fixing of refunds, an export licence shall not be required when the product actually exported is not subject to such a licence.
On export of compound products qualifying for an export refund fixed in advance on the basis of one or more of their components, the customs status of each such component shall be the sole element to be taken into account when applying the system of licences and certificates.
6. The provisions of paragraph 4 shall, mutatis mutandis, apply in the case of products referred to in Article 259 of the Act of Accession of Spain and Portugal and during the period referred to in Article 260 of the said Act.
Article 4 1. In cases where the arrangement referred to in Article 4 of Council Regulation (EEC) No 565/80 (20) applies, the export licence or advance fixing certificate, as appropriate, to be produced shall be that applicable to the processed products to be exported or to the basic products within the meaning of Council Regulation (EEC) No 3035/80 (21) to be exported in the form of goods.
2. In cases where the arrangement referred to in Article 5 of Regulation (EEC) No 565/80 applies, the export licence or advance fixing certificate, as appropriate, to be produced shall be that applicable to the product placed under such arrangement or the basic product within the meaning of Regulation (EEC) No 3035/80 contained in the goods placed under such arrangement.
Article 5 1. A licence shall not be required and may not be produced for the purposes of operations:
- as specified in Articles 34, 38, 42, 43 and 44 of Regulation (EEC) No 3665/87, or - of a non-commercial nature, or - referred to in Regulation (EEC) No 918/83, or - relating to quantities such that the amount of the security for the corresponding licence would be ECU 5 or less. However, if the quantity in kilograms corresponding to ECU 5 is not 50 or a multiple of 50, the security limit shall be deemed to be such that the quantity in kilograms equals 50 or the next multiple of 50 above. In addition, where licences are issued on a headage or similar basis and ECU 5 does not correspond exactly to a whole number, the security limit shall be deemed to be such that the quantity, on a headage or similar basis, corresponds to the next whole number above.
Notwithstanding the provisions of the first subparagraph a licence or certificate must be produced when advance fixing of the levy or refund is requested or when the import or export is being made under preferential arrangements which are granted by means of a licence.
2. For the purposes of paragraph 1, ´operations of a non-commercial nature' means:
a) imports by or consigned to private individuals, provided that such operations satisfy the requirements of Section II (C) (2) of the preliminary provisions of the combined nomenclature;
(b) exports by private individuals, provided that such operations satisfy, mutatis mutandis, the requirements referred to in (a).
Article 6 An import licence or certificate shall not be required and may not be produced when products are placed in free circulation under the provisions of Article 3 of Regulation (EEC) No 754/76 governing the treatment of returned goods.
Article 7 1. An export licence or certificate shall not be required and may not be produced at the time of the acceptance of the re-export declaration in the case of products in respect of which the exporter provides proof that a favourable decision for repayment or remission of import duties has been given in respect of such products in accordance with the provisions of Regulation (EEC) No 1430/79.
2. Where products are subject on export to the submission of an export licence and the competent authorities accept the re-export declaration before taking a decision on the application for repayment or remission of import duties, an export licence must be submitted. Advance fixing of the export refund or levy shall not be permitted.
TITLE III GENERAL PROVISIONS Section 1 Rights and obligations relating to licences, certificates and extracts Article 8 1. The import or export licence shall constitute authorization and give rise to an obligation respectively to import or to export under the licence, and, except in case of force majeure, during its period of validity, the specified quantity of the relevant product. Such licence shall or may as the case requires include provision for advance fixing of the levy or refund, the monetary compensatory amount and the accession compensatory amount under the conditions laid down by the rules relating to the relevant sector.
The obligations referred to in this paragraph shall be primary requirements within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (22).
2. The advance fixing certificate shall give rise to an obligation to import or to export under that certificate, and, except in case of force majeure, during its period of validity, the specified quantity of the relevant product.
The advance fixing certificate as referred to in Article 6 of Regulation (EEC) No 3035/80 shall give rise to an obligation to export under that certificate and, except in case of force majeure, during its period of validity, the quantity of the basic products as specified in Annex A to that Regulation stated on the certificate, in the form of one or more of the goods listed in Annex B or C to that Regulation and also stated on the certificate.
The obligations referred to in this paragraph shall be primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85.
3. In the cases specified in Article 44 of this Regulation and in cases where such requirement is provided for in the specific Community rules for the relevant sector, the issue of a licence or certificate shall give rise to an obligation to import from or export to the country or group of countries specified therein.
4. Where the quantity imported or exported is greater by not more than 5 % than the quantity indicated in the licence or certificate, it shall be considered to have been imported or exported under that licence or certificate.
5. Where the quantity imported or exported is less by not more than 5 % than the quantity indicated in the licence or certificate, the obligation to import or export shall be considered to have been fulfilled.
6. For the purposes of applying paragraphs 4 and 5, if the licence is issued on a headage basis the result of the 5 % calculation referred to therein shall, where applicable, be rounded off to the next greater whole number of head.
7. Where, by virtue of Article 3 (4) of Regulation (EEC) No 1182/71, a licence or certificate which fixes the levy or refund in advance is used on the first working day following the last day of its normal period of validity, the licence or certificate shall be considered to have been used on the last day of its normal period of validity for the purposes of the amounts fixed in advance.
Article 9 1. Obligations deriving from licences or certificates shall not be transferable. Rights deriving from licences or certificates shall be transferable by the titular holder of the licence or certificate during the period of its validity. Such transfer may be made in favour of a single transferee only for each licence or certificate or extract therefrom. It shall relate to quantities not yet attributed to the licence or certificate or extract therefrom.
2. In the event of a request for transfer by the titular holder, the issuing agency or the agency or agencies designated by each Member State shall enter the following on the licence or certificate or where appropriate the extract therefrom:
- the name and address of the transferee,
- the date of such entry certified by the stamp of the agency.
3. The transfer shall take effect from the date of the entry.
4. The transferee may neither further transfer his rights nor transfer them back to the titular holder.
Article 10 Extracts from licences or certificates shall have the same legal effects as the licences or certificates from which they are extracted, within the limits of the quantity in respect of which such extracts are issued.
Article 11 Licences or certificates and extracts issued, and entries and endorsements made, by the authorities of a Member State shall in each of the other Member States have the same legal effects as documents issued, and entries and endorsements made, by the authorities of such Member States.
Article 12 1. Where a licence or a certificate fixing in advance the refund or the import levy is used to import or export a mixture, the mixture shall not be eligible, on import or export, for the rate so fixed in advance where the tariff classification of the constituent on which the refund or import levy applicable to the mixture is calculated does not correspond to that of the mixture.
2. Where a licence or a certificate fixing in advance the export refund is used to export goods put up in sets the rate fixed in advance shall apply only to the component which has the same tariff classification as the set.
Section 2 Application for and issue of licences and certificates Article 13 1. No application for a licence or certificate shall be accepted unless it is forwarded to or lodged with the competent agency on forms printed and for made out in accordance with Article 16.
However, competent agencies may accept written telecommunications as a valid application, provided all the information which would have appeared on the form, had it been used, is included. Member States may require that the written telecommunication be followed subsequently by an application on a form printed or made out in accordance with Article 16, forwarded or delivered direct to the competent agency; in those circumstances the date of the written telecommunication shall be taken as the day the application is lodged. Such requirement shall not affect the validity of applications by written telecommunication.
2. Applications for licences or certificates may be cancelled only by letter or by written telecommunication received by the competent agency, except in case of force majeure, not later than 1 p.m. at the latest on the day the application is lodged.
Article 14 1. Applications containing conditions not provided for in Community rules shall be refused.
2. No application for a licence or certificate shall be accepted unless an adequate security has been furnished to the competent agency not later than 1 p.m. on the day the application is lodged.
3. Where the total amount of the security in respect of any licence or certificate would be ECU 5 or less, or where the licence has been made out in the name of an intervention agency, no security shall be required.
Member States may issue licences or certificates without security where the amount of security involved is ECU 25 or less, provided the application is lodged with the competent agency in the Member State in which the applicant is established. Such licences and certificates shall be returned to the issuing agency as soon as possible and at the latest on expiry of their period of validity.
4. No security shall be required in the case of export licences or certificates not involving advance fixing which are issued in respect of exports to third countries in connection with non-Community food-aid operations conducted by humanitarian agencies approved in accordance with the procedure provided for in Article 26 of Regulation (EEC) No 2727/75 or, as the case may be, the corresponding articles of other Regulations establishing EEC market organizations.
Such licences and certificates must be returned to the issuing agency as soon as possible and in no case later than the date of expiry of their period of validity.
Article 15 1. The day an application for a licence or certificate is lodged shall mean the day on which it is received by the competent agency, provided it is received not later than 1 p.m., regardless of whether the application is delivered direct to the competent agency or is forwarded to the competent agency by letter or written telecommunication.
2. An application for a licence or certificate received either on a non-working day of the competent agency, or on a working day of that agency but after 1 p.m., shall be deemed to have been lodged on the first working day of the agency following the day on which it was in fact received.
3. The time limits specified in this Regulation are in Belgian local time.
Article 16 1. Except as provided in the second subparagraph of Article 13 (1), applications for licences or certificates, licences and certificates and extracts therefrom shall be drawn up on forms conforming to the specimens set out in Annex I. Such forms shall be completed in accordance with the instructions given therein and with the specific Community provisions applicable to the relevant product sector.
2. Licence and certificate forms shall be made up in sets containing copy No 1, copy No 2 and the application, together with any extra copies of the licence or certificate, in that order.
However, Member States may prescribe that applicants are to complete only an application form instead of the sets provided for in the preceding subparagraph.
Where, as a result of a Community measure, the quantity for which the licence or certificate is issued may be less than the quantity in respect of which application for a licence or certificate was initially made, the quantity applied for and the amount of the security relating thereto must be entered only on the application form.
Forms for extracts of licences or certificates shall be made up in sets containing copy No 1 and copy No 2, in that order.
3. Forms, including extension pages, shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 grams per square metre. Their size shall be 210 × 297 mm; the type space between lines shall be 4,24 mm (one-sixth of an inch); the layout of forms shall be followed precisely. Both sides of copy No 1 and the side of the extension pages on which the attributions must appear shall in addition have a printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means. The guilloche background shall be green for forms relating to imports and sepia brown for forms relating to exports.
4. Member States shall be responsible for having the forms printed. These may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear an indication of the printer's name and address or a mark enabling the printer to be identified and, except for the application form and extension pages, an individual serial number. The number shall be preceded by the following letters according to the Member State issuing the document: ´BE' for Belgium, ´DK' for Denmark, ´DE' for Germany, ´EL' for Greece, ´ES' for Spain, ´FR' for France, ´IE' for Ireland, ´IT' for Italy, ´LU' for Luxembourg, ´NL' for the Netherlands, ´PT' for Portugal and ´UK' for the United Kingdom.
At the time of their issue licences or certificates and extracts may bear an issue number allocated by the issuing agency.
5. Applications, licences or certificates and extracts shall be completed in typescript. They shall be printed and completed in one of the official languages of the Community, as specified by the competent authorities of the issuing Member State. However, Member States may allow applications only to be handwritten in ink and in block capitals.
6. The stamps of issuing agencies and attributing authorities shall be applied by means of a metal stamp, preferably made of steel. However, an embossing press combined with letters or figures obtained by means of perforation may be substituted for the issuing agency's stamp.
7. The competent authorities of the Member States concerned may, where necessary, require licences or certificates and extracts therefrom to be translated into the official language or one of the official languages of that Member State.
Article 17 1. Where the import levy has been the subject of an application for advance fixing and where, at the time of issue of the licence or certificate, the threshold price in respect of one month or more of the validity of the licence is not known, the provisional rate of levy for the months in question shall be shown in section 23 of the licence or certificate. This rate shall be calculated for those months having regard to the known facts and to the threshold price applicable for the last month of the marketing year in progress. In section 24 of the licence or certificate it shall be indicated that the rate is subject to adjustment.
2. Where a certificate, licence or extract therefrom is used for import into Germany or Italy, the responsible bodies of those Member States may require that such document contain the adjusted rate or rates of levy. In that case such rate or rates shall, at the request of the titular holder or transferee, be stated in section 23 by the issuing agency as soon as the threshold price is known. This agency shall indicate the date and stamp the document.
Article 18 1. Where the amounts resulting from the conversion of Ecus into sums in national currency to be entered on licences or certificates contain three or more decimal places, only the first two shall be given. In such cases where the third place is five or more the second place shall be rounded up to the next unit, and where the third place is less than five the second place shall remain the same.
2. However, where amounts expressed in Ecus are converted into pounds sterling or Irish pounds, the reference to the first two decimal places in paragraph 1 shall be read as if it were a reference to the first four decimal places. In such cases where the fifth place is five or more the fourth decimal place shall be rounded up to the next unit and where the fifth place is less than five the fourth place shall remain the same.
Article 19 1. Licences and certificates shall be drawn up in at least two copies. The first copy, called ´holder's copy' and marked ´No 1', shall be issued without delay to the applicant and the second, called ´issuing agency's copy' and marked ´No 2', shall be retained by the issuing agency.
2. Where a licence or certificate is issued for a quantity less than that for which application was made, the issuing agency shall indicate:
- in sections 17 and 18 of the licence or certificate the quantity for which the licence or certificate is issued,
- in section 11 in the case of a licence, the amount of the corresponding security.
The security lodged in respect of the quantity for which a licence or certificate has not been issued shall be released forthwith.
Article 20 1. On application by the titular holder of the licence or certificate or by the transferee, and on submission of copy No 1 of the document, one or more extracts therefrom may be issued by the competent agencies of Member States.
Extracts shall be drawn up in at least two copies, the first of which, called ´holder's copy' and marked ´No 1', shall be issued or addressed to the applicant and the second, called ´issuing agency's copy' and marked ´No 2', shall be retained by the issuing agency.
The agency issuing the extract shall, on copy No 1 of the licence or certificate, attribute the quantity for which the extract has been issued, increased by the relevant tolerance. The word ´extract' shall be entered beside the attributed quantity shown on copy No 1 of the licence or certificate.
2. No further extract may be made from an extract of a licence or certificate.
3. Copy No 1 of an extract which has been used or which is out of date shall be returned by the titular holder to the agency which issued the licence or certificate together with copy No 1 of the licence or certificate from which it derives, so that the agency may adjust the attributions appearing on copy No 1 of the licence or certificate in the light of those appearing on copy No 1 of the extract.
Article 21 1. For the purpose of determining their period of validity, licences or certificates shall be considered to have been issued on the day on which the application for them was lodged, that day being included in the calculation of such period of validity.
2. However, it may be specified that a licence or certificate is to become valid on its actual day of issue, in which case that day shall be included in the calculation of its period of validity.
Section 3 Use of licences and certificates Article 22 1. Copy No 1 of the licence or certificate shall be submitted to the office where:
(a) in the case of an import licence or of a certificate of advance fixing of the levy, the import declaration is accepted;
(b) in the case of an export licence or of a certificate of advance fixing of the refund, the declaration relating to:
- export from the Community, or - one of the supplies as specified in Articles 34 and 42 of Regulation (EEC) No 3665/87, or - the placing of products under the arrangements provided for in Article 38 of Regulation (EEC) No 3665/87, or - the placing of products under one of the arrangements provided for in Articles 4 and 5 of Regulation (EEC) No 565/80 is accepted.
2. Copy No 1 of the licence or certificate shall be presented, or be held at customs disposal, at the time of acceptance of the declaration referred to in paragraph 1.
3. After attribution and endorsement by the office referred to in paragraph 1, copy No 1 of the licence or certificate shall be returned to the party concerned. However, Member States may require or allow the party concerned to attribute the licence or certificate; in all of which cases the attribution shall be examined and endorsed by the competent office.
Article 23 1. Notwithstanding Article 22, where the products exported are not subject to the production of an export licence but the export refund has been fixed in advance, a Member State may allow the advance fixing certificate to be submitted only to the authority in that Member State responsible for payment of the refund.
2. The Member State concerned shall determine the cases in which paragraph 1 shall apply and the conditions to be complied with by the party concerned in order to benefit from the procedure laid down in that paragraph. Moreover, the provisions adopted by that Member State must be such as to ensure equal treatment for all certificates issued within the Community.
3. The Member State shall decide which authority is to attribute and stamp the advance fixing certificate. The date to be taken as the date of attribution is the date of acceptance of the declaration referred to in Article 22 (1) (b).
4. At the time of acceptance of the declaration, the party concerned must indicate on the document used to qualify for a refund that the provisions of this Article are being utilized and quote the reference number of the advance fixing certificate to be used for the calculation of the refund payment.
Article 24 1. Entries made on licences, certificates or extracts may not be altered after their issue.
2. Where the accuracy of entries on the licence, certificate or extract is in doubt, such licence, certificate or extract shall, on the initiative of the party concerned or of the competent authorities of the Member State concerned, be returned to the issuing agency.
If the issuing agency considers a correction to be required, it shall withdraw the extract or the licence or certificate as well as any extracts previously issued and shall issue without delay either a corrected extract or a corrected licence or certificate and the corrected extracts corresponding thereto. On such further documents, which shall include the entry ´licence (or certificate) corrected on . . . . . .' or ´extracts corrected on . . . . . .', the former attributions shall be reproduced, as appropriate, on each copy.
Where the issuing agency does not consider it necessary to correct the licence or certificate or the extract, it shall enter thereon the endorsement ´verified on . . . . . . in accordance with Article 24 of Regulation (EEC) No 3719/88' and apply its stamp.
Article 25 1. The titular holder must, at the request of the issuing agency, return to that agency the licence or certificate and/or the extracts therefrom.
2. Where a disputed document is returned or held in accordance with the provisions of this Article or Article 24, the competent national authorities shall on request give the party concerned a receipt.
Article 26 Where on licences or certificates or on extracts therefrom the space reserved for attributions is insufficient, the attributing authorities may attach thereto one or more extension pages containing spaces for attributions as shown on the back of copy No 1 of the said licences, certificates or extracts. The attributing authorities shall so place their stamp that one half is on the licence or certificate or extract therefrom and the other on the extension page, and for each further extension page issued a further stamp shall be placed in like manner across such page and the preceding page.
Article 27 1. Where there is doubt concerning the authenticity of a licence, certificate or extract, or entries or endorsements thereon, the competent national authorities shall return the questionable document, or a photocopy thereof, to the authorities concerned for checking.
Documents may also be returned by way of random check; in such case only a photocopy of the document shall be returned.
2. Where a questionable document is returned in accordance with paragraph 1, the competent national authorities shall on request give a receipt to the party concerned.
Article 28 1. Where necessary for the proper application of this Regulation, the competent authorities of the Member States shall exchange information on licences and certificates and extracts therefrom and on irregularities and infringements concerning them.
2. Member States shall inform the Commission as soon as they have knowledge of irregularities and infringements in regard to this Regulation.
3. Member States shall communicate to the Commission the names and addresses of the agencies which issue licences or certificates and extracts therefrom, collect levies and pay refunds. The Commission shall publish this information in the Official Journal of the European Communities.
4. Member States shall also forward to the Commission impressions of the official stamps and, where appropriate, of the embossing presses of authorities empowered to act. The Commission shall immediately inform the other Member States thereof.
Section 4 Release of securities Article 29 As regards the period of validity of licences and certificates:
(a) the obligation to import shall be considered to have been fulfilled and the right to import under the licence or certificate shall be considered to have been exercised on the day the declaration referred to in Article 22 (1) (a) is accepted, subject always to the product concerned being actually put into free circulation;
(b) the obligation to export shall be considered to have been fulfilled and the right to export under the licence or certificate shall be considered to have been exercised on the day when the declaration referred to in Article 22 (1) (b) is accepted.
Article 30 1. Fulfilment of a primary requirement shall be shown by production of proof:
(a) for imports, of acceptance of the declaration referred to in Article 22 (1) (a) relating to the product concerned;
(b) for exports, of acceptance of the declaration referred to in Article 22 (1) (b) relating to the product concerned; furthermore:
i(i) in the case of either export from the customs territory of the Community, or supplies treated as exports within the meaning of Article 34 of Regulation (EEC) No 3665/87, proof shall be required that the product has, within 60 days from the day of acceptance of the export declaration, unless prevented by force majeure, as the case may be, either, in the case of supplies treated as exports, reached its destination or, in other cases, left the customs territory of the Community; for the purposes of this Regulation deliveries of any products intended solely for consumption on board drilling or extraction platforms, including workpoints providing support services for such operations, situated within the area of the European continental shelf, or within the area of the continental shelf of the non-European part of the Community, but beyond a three-mile zone starting from the baseline used to determine the width of a Member State's territorial sea, shall be deemed to have left the customs territory of the Community;
(ii) in cases where products have been placed under the victualling warehouse procedure provided for in Article 38 of Regulation (EEC) No 3665/87,
evidence shall be required that the product has, within 30 days of acceptance of the declaration of its placement under the said procedure and unless prevented by force majeure, been placed in a victualling warehouse.
During the first stage and notwithstanding point (i), products covered by Article 259 of the Act of Accession of Spain and Portugal which are exported to Portugal from 1 March 1986 onwards shall be deemed to have left the customs territory of the Community, provided that, within 12 months of the day of acceptance of the export declaration, the relevant documents are submitted showing that the products have been released for consumption in Portugal.
Proof of release for consumption shall be provided in accordance with Article 18 (1) of Regulation (EEC) No 3665/87.
2. Where products are placed under one of the procedures provided for in Articles 4 and 5 of Regulation (EEC) No 565/80, the primary requirement shall be deemed to be fulfilled by the production of proof that the payment declaration required for so placing the products has been accepted; however, the security thereby released shall be renewed in accordance with Article 43 of this Regulation where that Article so requires.
Article 31 1. The proof required under Article 30 shall be furnished as follows;
(a) in cases as referred to in Article 30 (1) (a) by production of copy No 1 of the licence or certificate and, where appropriate, of copy No 1 of the extract or extracts from the licence or certificate, endorsed as provided for in Article 22;
(b) in cases as referred to in Article 30 (1) (b) and 2, and subject to the provisions of paragraph 2, by production of copy No 1 of the licence or certificate and, where appropriate, of copy No 1 of the extract or extracts of the licence or certificate, endorsed as provided for in Article 22 or Article 23.
2. Furthermore, in the case of export from the Community or of supplies to a destination specified in Article 34 of Regulation (EEC) No 3665/87 or the placing of products under the arrangements provided for in Article 38 of that Regulation, additional proof shall be required.
Such additional proof:
(a) shall be left to the choice of the Member State concerned where the following operations take place within that Member State:
ii(i) the licence or certificate is issued; and i(ii) the declaration referred to in Article 22 (1) (b) is accepted; and (iii) the product either:
- leaves the customs territory of the Community; for the purposes of this Regulation deliveries of any products intended solely for consumption on board drilling or extracting platforms, including workpoints providing support services for such operations, situated within the area of the European continental shelf, or within the area of the continental shelf of the non-European part of the Community, but beyond a three-mile zone starting from the baseline used to determine the width of a Member State's territorial sea, shall be deemed to have left the customs territory of the Community, or - is delivered for one of the purposes listed in Article 34 of Regulation (EEC) No 3665/87, or - is placed in a victualling warehouse in accordance with Article 38 of Regulation (EEC) No 3665/87;
(b) shall in all other cases be furnished by:
- production of the control copy T 5 or copies referred to in Article 1 of Commission Regulation (EEC) No 2823/87 (23) or a certified copy or photocopy of such control copy T 5 or copies, or - an attestation given by the agency responsible for paying the refund that the conditions of Article 30 (1) (b) have been fulfilled, or - equivalent proof as provided for in paragraph 4.
Where the sole purpose of the T 5 control copy is the release of the security, the T 5 control copy shall contain in box 106 one of the following entries:
- se utilizará para liberar la garantiá - til brug ved frigivelse af sikkerhed - zu verwenden fuer die Freistellung der Sicherheit - pros chrisimopoiisi gia tin apodesmefsi tis engyisis - to be used to release the security - à utiliser pour la libération de la garantie - da utilizzare per lo svincolo della cauzione - te gebruiken voor vrijgave van de zekerheid - a utilizar para liberar a garantia However, if an extract of a licence or certificate, a replacement licence or certificate or a replacement extract is used, the abovementioned entry shall be completed with the number of the original licence or certificate and the name and address of the issuing agency.
The documents referred to in the first and second indents of paragraph 2 (b) shall be sent to the issuing agency through official channels.
3. Where, after acceptance of the export declaration referred to in the first indent of Article 22 (1) (b), a product is placed under one of the procedures provided for in Title IV, Chapter 1 of Regulation (EEC) No 1062/87 for carriage to a station-of-destination or delivery to a consignee outside the customs territory of the Community, the T 5 control copy required under paragraph 2 (b) shall be sent through official channels to the issuing agency. One of the following forms of wording shall be entered in box ´J' of the T 5 control copy under the heading ´Remarks':
- Salida del territorio aduanero de la Comunidad bajo el régimen de transito comunitario simplificado por ferrocarril o en contenedores grandes - Udgang fra Faellesskabets toldomraade i henhold til ordningen for den forenklede procedure for faellesskabsforsendelse med jernbane eller store containere - Ausgang aus dem Zollgebiet der Gemeinschaft im Rahmen des vereinfachten gemeinschaftlichen Versandverfahrens mit der Eisenbahn oder in Grossbehaeltern - iExodos apo to teloneiako edafos tis Koinotitas ypo to aplopoiimeno kathestos tis koinotikis diametakomisis me sidirodromo i megala emporevmatokiqotia - Exit from the customs territory of the Community under the simplified Community transit procedure for carriage by rail or large containers - Sortie du territoire douanier de la Communauté sous le régime du transit communautaire simplifié par chemin de fer ou par grands conteneurs - Uscita dal territorio doganale della Comunità in regime di transito comunitario semplificato per ferrovia o grandi contenitori - Vertrek uit het douanegebied van de Gemeenschap onder de regeling vereenvoudigd communautair douanevervoer per spoor of in grote containers - Saída do território aduaneiro da Comunidade ao abrigo do regime do trânsito comunitário simplificado por caminho-de-ferro ou em grandes contentores.
In the case referred to in the preceding subparagraph, the office of departure may permit the contract of carriage to be varied so that carriage ends within the Community only if it is established:
- that, where the security given in respect of the operation in question has already been released, such security has been renewed, or - that the necessary steps have been taken by the authorities concerned to ensure that the security is not released.
In any case where the security has been released and it is subsequently found that the product has not been exported, Member States shall take appropriate action.
4. Where the T 5 control copy referred to in paragraph 2 (b) cannot be produced within three months following its issue owing to circumstances beyond the control of the party concerned, the latter may make application to the competent agency for other documents to be accepted as equivalent, stating the grounds for such application and furnishing supporting documents.
The supporting documents to be submitted with the application shall be those specified in the second subparagraph of Article 47 (3) of Regulation (EEC) No 3665/87.
Article 32 For the purposes of Article 35 of Regulation (EEC) No 3665/87 the last day of the month shall be taken to be the day of acceptance of the declaration referred to in the second indent of Article 22 (1) (b).
Article 33 1. On application by the titular holder to the document Member States may release the security by instalments in proportion to the quantities of products in respect of which the proof referred to in Article 30 has been produced, provided that proof has been produced that a quantity equal to at least 5 % of the quantity indicated in the licence or certificate has been imported or exported.
2. Subject to application of the provisions of Article 36, 37 or 44 where the obligation to import or export has not been met, the security shall be forfeit in an amount equal to the difference between:
(a) 95 % of the quantity indicated in the licence or certificate; and (b) the quantity actually imported or exported.
If the licence is issued on a headage basis, the result of the 95 % calculation referred to above shall, where applicable, be rounded off to the next lesser whole number of head.
However, if the quantity imported or exported amounts to less than 5 % of the quantity indicated in the licence or certificate, the whole of the security shall be forfeit.
Furthermore, if the total amount of the security which would be forfeit is ECU 5 or less for a given licence or certificate, the Member State concerned shall release the whole of the security.
3. (a) The proof referred to in Article 30 must be produced within six months following expiry of the licence or certificate unless force majeures prevents this.
(b) However, where this proof is produced between six and 24 months of the day on which the licence or certificate expired, a proportion of the sum forfeit shall be retained and the rest repaid.
The sum to be retained in respect of the quantities for which evidence has not been produced within the time limit laid down under (a) shall be 15 % of the amount which would have been definitively forfeit if the products had not been imported or exported; where, for a given product, there were licences or certificates with different rates of security, the lowest rate applicable for the import or export operation shall be used to calculate the amount to be retained.
If the total amount that would be retained is ECU 5 or less, the full amount shall be repaid.
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2. 12. 88 Official Journal of the European Communities 4. Where it is stipulated that an obligation shall be fulfilled by producing proof that the product has reached a specified destination, that proof shall be produced in accordance with Article 18 of Regulation (EEC) No 3665/87.
That proof shall also be produced within six months of the expiry of the licence or certificate. However, where the documents required under Article 18 of Regulation (EEC) No 3665/87 cannot be submitted within the prescribed period although the exporter has acted with all due diligence to obtain them within that period, he may be granted an extension of time for the submission of those documents.
5. As regards import licences in respect of which this paragraph is to be applied pursuant to Community provisions to be adopted, notwithstanding paragraph 3, the proof referred to in Article 30 must be provided within 60 days of the day on which the licence expires, unless force majeure prevents this. Section 5 Loss of licences and certificates Article 34 1. Where an export refund greater than zero has been fixed in advance and the relevant licence or certificate or extract therefrom is lost, the agency issuing the licence or certificate shall issue at the request of the holder, or of the transferee in cases where the licence or certificate or extract has been transferred, a replacement licence or certificate or a replacement extract, subject to the provision of the second subparagraph.
The competent authorities in the Member States may refuse to issue a replacement licence or certificate or a replacement extract if:
- the character of the applicant is not such as to guarantee that the aims of this Article will be respected; in each Member State this power shall be exercised in accordance with the principles currently applicable in that State governing non-discrimination between applicants and the freedom of trade and industry,
- the applicant has failed to show that he has taken reasonable precautions to prevent the loss of the licence, certificate or extract.
2. A refund determined in the context of a tendering procedure shall be considered a refund fixed in advance.
3. The competent authority shall refuse to issue a replacement licence or certificate or replacement extract where the issue of licences or certificates for the product in question is suspended or where the issue of licences or certificates is effected within the framework of a quantitative quota.
4. A replacement licence or certificate or replacement extract shall contain the information and entries appearing on the document which it replaces. It shall be issued for a quantity of goods which, with the addition of the tolerance margin, is equal to the quantity available shown on the lost document. The applicant shall specify that quantity in writing. Where information held by the issuing agency shows that the quantity indicated by the applicant is too high, it shall be reduced accordingly without prejudice to the second subparagraph of paragraph 1.
One of the following endorsements, underlined in red, shall be entered in section 22 of the replacement licence or certificate or replacement extract:
- Certificado (o extracto) de sustiticion de un certificado (o extracto) perdido - número del certificado inicial . . .
- Erstatningslicens/-attest (eller erstatningspartiallicens) for bortkommen licens/attest (eller partiallicens). Oprindelig licens/attest (eller partiallicens) nr . . .
- Ersatzlizenz (oder Ersatzteillizenz) einer verlorenen Lizenz (oder Teillizenz)/Nummer der urspruenglichen Lizenz . . .
- Pistopoiitiko (i apospasma) antikatastaseos toy apolesthentos pistopoiitikoy (i apospasmatos pistopoiitikoy) arith.^.^.^.
- Replacement licence (certificate or extract) of a lost licence (certificate or extract). Number of original licence (certificate) . . .
- Certificat (ou extrait) de remplacement d'un certificat (ou extrait) perdu - numéro du certificat initial . . .
- Titolo (o estratto) sostitutivo di un titolo (o estratto) smarrito - numero del titolo originale . . .
- Certificaat (of uittreksel) ter vervanging van een verloren gegaan certificaat (of uittreksel) - nummer van het oorspronkelijke certificaat . . .
- Certificado (ou extracto) de substituicao de um certificado (ou extracto) perdido - número do certificado inicial . . .
Where the replacement licence or certificate or replacement extract is lost, no further replacement licence or certificate or extract shall be issued.
5. The issue of a replacement licence, certificate or extract shall be subject to the provision of a security. The amount of this security shall be calculated by multiplying:
- the rate of the refund fixed in advance, or as appropriate the highest rate of refund for the destinations covered, plus 20 %, by - the quantity for which the replacement licence or certificate or replacement extract is to be issued increased by the tolerance margin.
The amount by which the security is increased shall not be less than ECU 3 per 100 kilograms net weight. The security shall be lodged with the agency which issued the original licence or certificate.
6. Where the quantity of products exported under a licence or certificate and the replacement licence or certificate, or under an extract and the replacement extract, is greater than that which could have been exported under the original licence, certificate or extract, the security referred to in paragraph 5 corresponding to the excess quantity shall be forfeit, the refund being treated thereby as recovered.
7. In addition, in cases where paragraph 6 applies and where an export levy applies on the date of acceptance of the declaration referred to in Article 22 (1) (b) in respect of the excess quantity, the export levy applicable on that day must be collected.
The excess quantity:
- shall be determined in accordance with paragraph 6,
- shall be that for which the declaration has been last completed under cover of the original licence or certificate, an extract of the original licence or certificate, a replacement licence or certificate, or a replacement extract. In cases where the quantity of the last export is less than the excess quantity, the export or exports immediately preceding shall be taken into account until the stage is reached where the excess quantity has been covered.
Article 3 (1) of Commission Regulation (EEC) No 645/75 (24) shall not apply in the cases described in this paragraph.
8. In so far as the security referred to in paragraph 5 has not become forfeit by virtue of paragraph 6, it shall be released 15 months after expiry of the period of validity of the licence or certificate.
9. Where the lost licence, certificate or extract is found, it may not be used and must be returned to the agency which issued the replacement licence, certificate or extract. If in such a case the quantity available shown on the original licence, certificate or extract is equal to or higher than the quantity for which the replacement licence, certificate or extract was issued, the security referred to in paragraph 5 shall be released immediately.
However, if the available quantity is higher, an extract shall, at the request of the party concerned, be issued for a quantity which, increased by the tolerance margin, equals that which can still be used.
10. Where the holder or transferee of an import or export licence with or without advance fixing or of an advance fixing certificate is able to prove to the satisfaction of the competent authority both that the licence or certificate therefrom has not been used wholly or in part and that it can no longer be used in particular because of its total or partial destruction, a replacement licence, certificate or extract shall be issued by the agency which issued the original licence or certificate for a quantity of goods which, increased by the tolerance margin, equals that remaining available. In such cases, the provisions of the preceding paragraphs shall not apply with the exception of the first sentence of para- graph 4.
11. The competent authorities of the Member States shall communicate the necessary information for the application of this Article.
Where the authorities provide this information by means of a control copy as referred to in Article 1 of Regulation (EEC) No 2823/87 and issued for the purpose of obtaining proof of departure from the customs territory of the Community, the number of the original licence or certificate shall be inserted in box 105 of the control copy T 5. Where an extract of a licence or certificate, a replacement licence or certificate, or a replacement extract is used, the number of the original licence or certificate shall be inserted in box 106 of the control copy T 5.
12. Member States shall at quarterly intervals inform the Commission of:
(a) the number of replacement licences, certificates or extracts issued during the previous quarter;
- pursuant to paragraph 1,
- pursuant to paragraph 10; and (b) the nature and quantity of the goods concerned together with, as appropriate, the rate of refund or levy fixed in advance.
The Commission shall advise the other Member States of the information received.
Article 35 1. Where a licence or certificate or extract therefrom is lost, and the lost document has been used wholly or in part, issuing agencies may, exceptionally, supply the party concerned with a duplicate thereof, drawn up and endorsed in the same way as the original document and clearly marked ´duplicate' on each copy.
2. Duplicates may not be used to carry out import or export operations.
3. Duplicates shall be presented to the offices where the declaration referred to in Article 22 was accepted, were completed under cover of the lost licence, certificate or extract, or to another competent authority designated by the Member State in which the offices are situated.
4. The competent authority shall attribute and stamp the duplicate.
5. The duplicate, thus annotated, shall replace the lost copy No 1 of the licence, certificate or extract in providing proof for the purpose of releasing the security.
Section 6 Force majeure Article 36 1. Where, as a result of an event which the operator regards as constituting force majeure, import or export cannot be effected during the period of validity of the licence or certificate, the titular holder shall apply to the competent agency of the Member State which issued the licence or certificate either for the period of validity of the licence or certificate to be extended or for the licence or certificate to be cancelled. He shall provide proof of the circumstance which he considers to constitute force majeure within six months of the expiry of the period of validity of the licence.
Where the proof could not be produced within that time-limit although the operator has acted with all due diligence to obtain it and forward it, he may be granted further time.
2. A request to extend the period of validity of a licence or certificate must be received not more than 30 days after the expiry of such period of validity.
3. Where circumstances relied upon as constituting force majeure relate to the exporting country and/or the country of origin, in the case of imports, or to the importing country, in the case of exports, such circumstances may be accepted as such only if the issuing agency or another official agency in the same Member State was notified in good time and in writing as to the countries concerned.
Notification as to the exporting country, country of origin or importing country shall be considered as having been made in good time if the circumstances relied upon by way of force majeure could not at the time of notification have been foreseen by the applicant.
4. The competent authority referred to in paragraph 1 shall decide if the circumstances relied upon constitute force majeure.
Article 37 1. Where the circumstances relied upon constitute force majeure, the competent agency of the Member State in which the licence or certificate was issued shall decide either that the obligation to import or export be cancelled, the security being released, or that the period of validity of the licence or certificate be extended for such period as may be considered necessary in view of all the circumstances of the case. Such extension shall not exceed six months following the expiry of the original period of validity of the licence or certificate. Such extension may be granted after the period of validity of the licence or certificate has expired.
2. The decision of the competent agency can be other than that requested by the titular holder of the licence or certificate.
Where the titular holder requests the cancellation of a licence involving advance fixing, even if this request was submitted more than 30 days after expiry of the licence's period of validity, the competent agency may extend the licence's period of validity if the rate fixed in advance plus any adjustments is less than the daily rate in the case of amounts to be collected.
3. The decision to cancel or extend the licence shall relate only to the quantity of product which could not be imported or exported as a result of force majeure.
4. When the period of validity of a licence is extended the issuing authority shall stamp the licence and its extracts and shall make the necessary adjustments thereto.
5. Notwithstanding Article 9 (1), where the period of validity of a licence involving advance fixing is extended, the rights arising from that licence shall not be transferable. However, where the circumstances of the case in question so warrant, such transfer shall be authorized when requested at the same time as the request for extension.
6. The Member State to which the competent agency belongs shall advise the Commission of the case of force majeure; the Commission shall inform the other Member States thereof.
Article 38 1. Where, following a case of force majeure, an operator has applied for the period of validity of a licence involving advance fixing of the levy or refund to be extended and the competent agency has not yet taken a decision on his application, the operator may apply to the agency for a second licence. The second licence shall be issued on the terms applying at the time of application except that - it shall be issued at the maximum for the unused quantity on the first licence whose extension has been applied for,
- box 20 thereof shall contain one of the following entries:
- Certificado emitido en las condiciones del articolo 38 del Reglamento (CEE) No 3719/88; certificado inicial No . . .
- Licens udstedt paa de i artikel 38 i forordning (EOEF) nr. 3719/88 fastsatte betingelser; oprindelig licens nr. . . .
- Unter den Bedingungen von Artikel 38 der Verordnung (EWG) Nr. 3719/88 erteilte Lizenz; urspruengliche Lizenz Nr. . . .
- Pistopoiitiko poy ekdidetai ypo toys oroys toy arthroy 38 toy kanonismoy (EOK) arith. 3719/88 archiko pistopoiitiko arith.^.^.^.
- Licence issued in accordance with Article 38 of Regulation (EEC) No 3719/88; original licence No . . .
- Certificat émis dans les conditions de l'article 38 du règlement (CEE) No 3719/88; certificat initial No . . .
- Titolo rilasciato alle condizioni dell'articolo 38 del regolamento (CEE) n. 3719/88; titolo originale n. . . .
- Certificaat afgegeven overeenkomstig artikel 38 van Verordening (EEG) nr. 3719/88; oorspronkelijk certificaat nr. . . .
- Certificado emitido nas condiçoes previstas no artigo 38g do Regulamento (CEE) No 3719/88; certificado inicial No . . .
2. Where the competent agency has decided to extend the first licence's period of validity:
(a) the quantity for which the second licence was used shall be attributed to the first licence provided that:
- the operator who is entitled to use the first licence has so used the second licence, and - such use has taken place during the extension of the period of validity;
(b) the security in respect of the second licence relating to that quantity shall be released;
(c) where applicable the agency which issued the licences shall inform the competent agency of the Member State where the second licence was used so that the amount collected or paid out can be corrected.
Where the competent agency concludes that there was no case of force majeure or where it decides, in accordance with Article 37, that the first licence should be cancelled, the rights and obligations arising from the second licence shall stand.
TITLE IV SPECIAL PROVISIONS Article 39 1. Products which are subject to a system of export licences or which may qualify for a system of advance fixing of refunds or of other amounts applicable on export may qualify for treatment as returned goods under Regulation (EEC) No 754/76 only where the following provisions have been complied with:
(a) if export was effected without an export licence or advance fixing certificate, then where the information sheet INF 3 provided for in Regulation (EEC) No 2945/76 is used it must bear in box A one of the following endorsements:
- Exportacion realizada sin certificado - Udforsel uden licens/attest - Ausfuhr ohne Ausfuhrlizenz oder Verkaufsfest- setzungsbescheinigung - Exagogi pragmatopoioymeni anef adeiaz i pistopoiitikoy - Exportation réalisée sans certificat - Exagogi pragmatopoioymeni anef adeiaz i pistopoiitikoy - Exported without licence or certificate - Esportazione realizzata senza titolo - Uitvoer zonder certificaat - Exportacao efectuada sem certificado;
(b) if export was effected under cover of an export licence or advance fixing certificate and such licence or certificate has not expired on the date on which the party concerned declares his intention to avail himself of the abovementioned returned-goods provisions:
- the entry on the licence or certificate relating to the export in question shall be cancelled, and - the security relating to the licence or certificate shall not be released in respect of the export in question or, if it has been released, it must be furnished anew in proportion to the quantities concerned to the body which issued the licence or certificate;
(c) if export was effected under cover of an export licence or advance fixing certificate, and the licence or certificate has expired on the date on which the party concerned declares his intention to avail himself of the abovementioned returned-goods provisions, then:
- where the security relating to the licence or certificate has not been released in respect of the export in question, the security shall be forfeit, subject to the rules applicable in the particular case,
- where the security has been released, the titular holder of the licence or certificate shall provide the body which issued the licence or certificate with fresh security in respect of the quantities in question, and that security shall be forfeit, subject to the rules applicable in the particular case.
2. If the returned goods are reimported:
(a) through a customs office situated in a Member State other than the exporting Member State, proof that the provisions of paragraph 1 (b) or (c) have been complied with shall be furnished by means of the information sheet INF 3 provided for in Regulation (EEC) No 2945/76;
(b) through a customs office situated in the same Member State, proof that the provisions of paragraph 1 (a), (b) or (c) have been complied with shall be furnished in accordance with the procedure determined by the competent authorities of the Member State in question.
3. Paragraph 1 (a), (b) and (c) shall not apply in the cases provided for in Article 2 (b) of Regulation (EEC) No 2945/76.
4. Paragraph 1 (b) and (c) shall not apply if the goods have been returned owing to force majeure.
Article 40 1. Where the security relating to the licence or certificate used for the export of products which have been reimported under the returned-goods system should be forfeit pursuant to Article 39, the said security shall be released at the request of the parties concerned if reimport is followed by the export of equivalent products falling within the same subheading of the combined nomenclature.
2. The export operation:
(a) must be one for which the declaration was accepted:
- at the latest within 10 days following the date of acceptance of the reimport declaration in respect of the returned goods,
388R3719.2
- in a customs office of the reimporting Member State designated by that Member State, and - under cover of a new export licence if the initial export licence has expired by the date of acceptance of the export declaration in respect of the equivalent products;
(b) must be in respect of products:
- of the same quantity, and - addressed to the consignee indicated in respect of the original export consignments, except in the cases referred to in Article 2 (c) and (d) of Regulation (EEC) No 2945/76.
3. The security shall be released when proof is furnished to the body which issued the licence or certificate that the conditions laid down in this Article have been fulfilled. Such proof shall consist of the following documents:
(a) the declaration of export of the equivalent products or a copy or photocopy thereof certified as such by the competent authorities and bearing one of the following endorsements:
- Condiciones previstas en el articulo 40 del Reglamento (CEE) No 3719/88 cumplidas - Betingelserne i artikel 40 i forordning (EOEF) nr. 3719/88 er opfyldt - Bedingungen von Artikel 40 der Verordnung (EWG) Nr. 3719/88 wurden eingehalten - Tiroymenon ton proijpotheseon toy arthroy 40 toy kanonismoy (EOK) arith. 3719/88 - Conditions laid down in Article 40 of Regulation (EEC) No 3719/88 fulfilled - Conditions prévues à l'article 40 du règlement (CEE) No 3719/88 respectées - Condizioni previste dall'articolo 40 del regolamento (CEE) n. 3719/88 ottemperate - In artikel 40 van Verordening (EEG) nr. 3719/88 bedoelde voorwaarden nageleefd - Condições previstas no artigo 40°. do Regulamento (CEE) no 3719/88 cumpridas.
This endorsement must be authenticated by the stamp of the customs office concerned, applied directly to the document in question; and (b) a document certifying that the products have, within 60 days of acceptance of the customs export declaration, except in case of force majeure, left the customs territory of the Community.
Article 41 1. For the purposes of Article 22 of Regulation (EEC) No 1430/79, confirmation that measures have been taken to make it possible if necessary to cancel the effects of putting the goods into free circulation shall be provided by the authority which issued the licence or certificate, subject to the provisions of paragraph 4 of this Article.
The importer shall state to the authority which issued the licence or certificate:
- the name and address of the decision-making authority referred to in Article 1 (2) of Regulation (EEC) No 1574/80, to which the confirmation should be sent,
- the quantity and nature of the products in question, the date of import and the number of the licence or certificate concerned.
If the licence or certificate has not already been submitted to the issuing authority, the importer must submit the licence or certificate to that authority.
Before sending the confirmation referred to in the first subparagraph, the authority which issued the licence or certificate must ensure that:
- the security in respect of the quantities in question has not been released and will not be released, or - if the security has been released, it is re-lodged for the quantities in question.
However, the security shall not be required to be re-lodged for quantities in excess of the quantity at which the obligation to import is considered to have been met.
The licence or certificate shall be returned to the party concerned.
2. If repayment or remission of import duties is refused, the decision-making authority shall so inform the authority which issued the licence or certificate. The security relating to the quantity in question shall be released.
3. If repayment or remission of the duties is granted, the entry on the licence or certificate for the quantity in question shall be cancelled, even if the licence or certificate is no longer valid. The licence or certificate shall be returned immediately by the interested party to the issuing agency when it is no longer valid. The security relating to the quantity in question shall be forfeit, subject to the rules applicable to the case in question.
4. Paragraphs 1 and 2 shall not apply where:
(a) for reasons of force majeure the products have to be re-exported, destroyed or placed in a customs warehouse or free zone; or (b) the products are in the situation referred to in the second indent of Article 10 (1) (h) of Regulation (EEC) No 1430/79; or (c) the licence or certificate on which the quantity imported has been entered has not yet been returned to the party concerned when the application for repayment or remission of duty is lodged.
5. The first sentence of paragraph 3:
- shall not apply in the case referred to in paragraph 4 (b),
- shall apply only on request by the party concerned in the case referred to in paragraph 4 (a).
Article 42 1. Where the effects of putting goods into free circulation have been cancelled and the security in respect of the licence or certificate becomes forfeit under the provisions of Article 41, the security shall be released, at the request of the party concerned, if the conditions set out in paragraph 2 are met.
2. The party concerned must prove to the satisfaction of the competent authorities that, within two months of the date of initial import, the same quantity of equivalent products falling under the same subheading of the combined nomenclature has been imported from the same exporting country and from the same supplier, in replacement for products in respect of which Article 5 of Regulation (EEC) No 1430/79 has been applied.
Article 43 1. Where basic products have been placed under the arrangement provided for in Article 4 of Regulation (EEC) No 565/80, or products or goods have been placed under the arrangement provided for in Article 5 of that Regulation, and an export licence or advance fixing certificate has been used, and where the party concerned wholly or partly:
- withdraws from customs control the basic products, whether in that form or as processed products, or the products or goods, or - does not comply with the total time limit laid down in Articles 27 (5) and 28 (5) of Regulation (EEC) No 3665/87 or in other legal provisions,
the obligation to export shall not have been complied with in respect of the quantity concerned.
2. The competent authority in the Member State where the payment declaration referred to in Article 25 (1) of Regulation (EEC) No 3665/87 was accepted shall inform the authority which issued the licence or certificate of such cases. In particular it shall notify the quantity and nature of the products in question, the reference number of the licence or certificate and the date of the attribution in question.
3. The authority which issued the licence or certificate shall apply the provisions of Article 39 (1) (b) or (c) and (4) mutatis mutandis.
4. The Member State shall take such measures as it considers necessary with a view to ensuring compliance with the provisions of paragraph 3.
Article 44 1. This Article shall apply to certificates fixing the export refund in advance applied for in connection with an invitation to tender issued in an importing non-member country.
The expression ´invitation to tender' shall be understood to mean open invitations issued by public agencies in non-member countries, or by international bodies governed by public law, to submit by a given date tenders on which a decision will be taken by those agencies or bodies.
For the purposes of this Article, the armed forces referred to in Article 34 (1) (c) of Regulation (EEC) No 3665/87 shall be regarded as an importing non-member country.
2. An exporter who has submitted or who wishes to submit a tender in response to an invitation to tender as referred to in paragraph 1 may, provided the conditions specified in paragraph 3 are fulfilled, apply for one or more certificates, which will be issued subject to his being awarded a contract.
3. The provisions laid down in this Article shall apply only if the following particulars at least are specified in the invitation to tender:
- the importing non-member country and the agency issuing the invitation to tender,
- the closing date for the submission of tenders,
- the specific quantity of products covered by the invitation to tender.
The party concerned shall communicate these particulars to the issuing agency when applying for the certificate.
An application for a certificate may not be lodged more than 15 days before the closing date for the submission of tenders but must be lodged at the latest by 1 p.m. on the closing date for the submission of tenders.
The quantity for which the certificate or certificates are applied for may not exceed the quantity specified in the invitation to tender. No account shall be taken of tolerance or options provided for in the invitation to tender.
4. Notwithstanding Article 14 (2) the security need not be lodged when the licence or certificate is applied for.
5. Within 21 days of the closing date for submitting tenders, except in case of force majeure, the applicant shall inform the issuing agency by letter or by written telecommunication, to reach the issuing agency no later than the date of expiry of the 21-day time limit, either:
(a) that he has himself been awarded a contract;
(b) that he has not been awarded a contract;
(c) that he has not submitted a tender; or (d) that he is not in a position to know the outcome of the invitation to tender within the time limit specified for reasons which may not be ascribed to him.
6. Applications for certificates shall not be accepted where, during the period of issue to which applications for certificates for certain products are subject, a special measure has been taken which prevents the issue of certificates.
No special measure taken subsequent to the expiry of the said period may prevent the issue of a certificate where the applicant has fulfilled the conditions referred to in the third subparagraph.
Where the applicant has:
- provided, by means of the appropriate documents, the information referred to in the first subparagraph of paragraph 3, and - furnished proof of his having been awarded a contract, and - lodged the total amount of the security required for the issue of the certificate,
one or more certificates shall be issued in respect of the invitation to tender in question.
The certificate or certificates shall be issued only for the country referred to in the first indent of the first subparagraph of paragraph 3. The invitation to tender shall be mentioned thereon.
The total quantity for which the certificate or certificates are issued shall be the quantity for which the applicant was awarded the contract; such quantity may not exceed the quantity applied for.
Moreover, where several certificates are applied for, the quantity for which the certificate or certificates are issued may not exceed the quantity initially applied for in respect of each certificate.
For the purposes of determining the period of validity of the certificate, Article 21 (1) shall apply.
No certificate may be issued in respect of a quantity for which the applicant has not been awarded a contract.
7. In cases as referred to in paragraph 5 (b), (c) and (d) no certificate shall be issued in connection with the application referred to in paragraph 3.
8. Where the applicant for a certificate fails to observe the provisions of paragraph 5, no certificate shall be issued.
However, where the applicant furnishes proof to the issuing agency that the closing date for the submission of tenders has been deferred:
- by no more than 10 days, the application shall remain valid and the period of 21 days for notifying the particulars specified in paragraph 5 shall run with effect from the new closing date for the submission of tenders,
- by more than 10 days, the application shall no longer be valid.
9. (a) If the successful tenderer demonstrates to the satisfaction of the competent authority that the agency which issued the invitation to tender has cancelled the contract for reasons which are not attributable to him and which are not considered to constitute force majeure, the competent authority shall release the security in cases where the rate of the refund fixed in advance is higher than or equal to the rate of the refund valid on the last day of the certificate's validity.
(b) If the successful tenderer demonstrates to the satisfaction of the competent authority that the agency which issued the invitation to tender has obliged him to accept changes to the contract for reasons which are not attributable to him and which are not considered to constitute force majeure, the competent authority may:
- where the rate of the refund fixed in advance is higher than or equal to the rate of the refund valid on the last day of the certificate's validity, release the security in respect of the balance of the quantity not yet exported,
- where the rate of the refund fixed in advance is lower than or equal to the rate of the refund valid on the last day of the certificate's validity, extend the validity of the certificate by the period required.
However, where special rules governing certain products provide that the period of validity of a certificate issued under this Article may exceed the normal period of validity of such a certificate and the successful tenderer finds himself in the situation referred to in the first indent of the first subparagraph, the issuing agency may extend the period of validity of the certificate provided it does not exceed the maximum period of validity permitted under those rules.
(c) If the successful tenderer furnishes proof that the invitation to tender or the contract concluded following the award provided for a downward tolerance or option of more than 5 % and that the agency which issued the invitation to tender is invoking the relevant clause, the obligation to export shall be deemed to have been fulfilled where the quantity exported is not more than 10 % less than the quantity for which the certificate was issued, on condition that the rate of the refund fixed in advance is higher than or equal to the rate of the refund valid on the last day of validity of the certificate. In such case the rate of 95 % referred to in Article 33 (2) shall be replaced by 90 %.
(d) In comparing the rate of the refund fixed in advance with that of the refund valid on the last day of validity of the certificate, account shall be taken, where applicable, of monetary compensatory amounts, accession compensatory amounts and other amounts provided for under Community rules.
10. Member States shall communicate to the Commission forthwith the particulars referred to in the first subparagraph of paragraph 3.
11. In special cases, exceptions to the foregoing rules may be laid down under the procedure set out in Article 26 of Regulation (EEC) No 2727/75 or, as appropriate, in the corresponding articles of the other Regulations on the common organization of markets.
Article 45 1. Where a Member State uses the import licence applicable to a product in order to administer a Community tariff quota which has been divided up among the Member States:
(a) the licence shall be valid only in the issuing Member State;
(b) any quantities imported which, on account of the tolerance, exceed the quantity stated on the import licence shall not be eligible for the preferential system granted under the Community tariff quota; and (c) the period of validity of the licence may not exceed the period for which the quota applies.
2. Section 24 of the licence shall be suitably endorsed to ensure application of the provisions of paragraph 1 (a) and (b).
3. Where the product in question may not be imported outside the quota, or where import licences for the product in question are issued only subject to special conditions, the import licence referred to in paragraph 1 shall not include a tolerance in excess of the quantity stated on the import licence.
TITLE V FINAL PROVISIONS Article 46 1. Regulation (EEC) No 3183/80 is hereby repealed.
2. References to the Regulation repealed under paragraph 1, and to Regulations (EEC) No 193/75 and (EEC) No 1373/70 repealed previously, shall be construed as references to this Regulation.
The correlation tables are set out in Annex II (a) and (b) hereto.
Citations and references mentioning Articles of the repealed Regulations shall be read in accordance with the correlation tables in Annex II (c).
3. References to sections of the licences or certificates annexed to Regulation (EEC) No 3183/80 shall be construed as references to the sections of the licences or certificates in Annex I hereto.
The correlation table is set out in Annex II (d) hereto.
Article 47 1. This Regulation shall enter into force on 1 January 1989.
2. Applications for licences and certificates submitted and licences and certificates and extracts therefrom issued by 30 June 1989 may be drawn up on forms conforming to the specimens given in Annex I to Regulation (EEC) No 3183/80.
3. Securities provided pursuant to Article 43 (4) of Regulation (EEC) No 3183/80 may be released at the request of the interested parties.
Securities forfeited pursuant to Article 43 (8) of Regulation (EEC) No 3183/80 may be reimbursed at the request of the interested parties.
4. Licences and certificates issued before the entry into force of this Regulation may still be submitted in respect of operations as referred to in Article 43 of Regulation (EEC) No 3665/87 and in Regulation (EEC) No 918/83.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 1988. | [
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COMMISSION REGULATION (EC) No 1034/94 of 3 May 1994 amending Regulation (EEC) No 3886/92 as regards Community part-financing of the national premium additional to the suckler cow premium in accordance with Council Regulation (EC) No 3611/93
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 beef and veal (1), as last amended by Regulation (EC) No 3611/93 (2), and in particular Article 4d (8) thereof,
Whereas Regulation (EC) No 3611/93 extends Community part-financing of the national premium additional to the suckler cow premium to Member States in which the suckler cow population has a high proportion of beef animals; whereas a decision-making procedure should be established for determining, on the basis of the information available, the Member States which satisfy the conditions laid down and which may, therefore, have access to such part-financing;
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
The following paragraph 3 is hereby inserted into Article 26 of Commission Regulation (EEC) No 3886/92 (3), as last amended by Regulation (EC) No 489/94 (4):
'3. The Commission shall decide by 1 August at the latest of each calendar year which Member States fulfil the conditions referred to in the last subparagraph of Article 4d (7) of Regulation (EEC) No 805/68 for the part-financing by the EAGGF of the additional national premium. With regard to the 1993 calendar year, the Commission shall decide by 15 May 1994 at the latest.'
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, 3 May 1994. | [
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COUNCIL DECISION
of 22 November 2004
on the signing and provisional application of an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
(2005/106/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof in conjunction with the first and second sentences of the first subparagraph of Article 300(2) thereof,
Having regard to the 2003 Act of Accession, and in particular to Article 6(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
On 22 December 2003 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate with Chile an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the new Member States to the European Union.
(2)
These negotiations have been concluded and the Additional Protocol was initialled on 30 April 2004.
(3)
Subject to its possible conclusion at a later date, the Additional Protocol should be signed on behalf of the Community and the Member States and the provisional application of certain of its provisions should be approved,
HAS DECIDED AS FOLLOWS:
Sole Article
1. The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union.
The text of the Additional Protocol is attached to this Decision.
2. Articles 2, 3, 4, 5, 6, 11 and 12 of the Additional Protocol shall be applied provisionally pending its entry into force.
Done at Brussels, 22 November 2004. | [
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COUNCIL DECISION
of 22 June 1995
laying down the rules for the microbiological testing for salmonella by sampling of fresh poultrymeat intended for Finland and Sweden
(95/411/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (1), and in particular Article 5 (3) (a) thereof,
Whereas the Commission has approved the operational programmes submitted by Finland and Sweden regarding salmonella controls; whereas those programmes comprise specific measures for fresh poultrymeat;
Whereas the implementation of microbiological tests by an establishment constitutes one of the additional guarantees to be given to Finland and Sweden and provides equivalent guarantees to those obtained under the Finnish and Swedish operational programmes as recognized by the relevant Commission decisions;
Whereas Finland and Sweden must apply to consignments of fresh poultrymeat from third countries import requirements as least as stringent as those laid down in this Decision;
Whereas rules for the microbiological testing by sampling should be laid down by determining the sampling method, the number of samples to be taken and the microbiological method for the examination of the samples;
Whereas as far as the sampling methods to be applied are concerned, it is appropriate to make a distinction between whole carcases, on the one hand, and parts of carcases and offal on the other;
Whereas, it is appropriate to take into account international methods for the microbiological examination of samples;
Whereas microbiological tests are not to be required for fresh poultrymeat from an establishment which is subject to a programme recognized as equivalent to that implemented by Finland or Sweden;
Whereas the provisions of this Decision are without prejudice to amendments to the Annexes to Directive 71/118/EEC which might be adopted pursuant to Article 19 of that Directive,
HAS ADOPTED THIS DECISION:
Article 1
Pursuant to Article 5 (3) (a) of Directive 71/118/EEC, consignments of fresh poultrymeat intended for Finland and Sweden shall be subject to the rules laid down in Articles 2 and 3.
Article 2
Fresh poultrymeat intended for Finland and Sweden shall be subject to microbiological testing for salmonella by sampling carried out in accordance with the Annex at the establishment of origin of such meat.
Article 3
Poultrymeat from an establishment subject to a programme recognized, in accordance with the procedure laid down in Article 21 of Directive 71/118/EEC, as equivalent to that implemented by Finland or Sweden, shall not be subject to the microbiological testing provided for in this Decision.
Article 4
The Council, acting on a Commission proposal drawn up in the light of a report established on the basis of the results of the operational programmes implemented by Finland and Sweden and the experience gained in applying this Decision, shall review this Decision before 1 July 1998.
Article 5
This Decision shall apply from 1 July 1995.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 22 June 1995. | [
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COMMISSION REGULATION (EC) No 2612/1999
of 9 December 1999
fixing the export refunds on cereals and on wheat or rye flour, groats and meal
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 1253/1999(2), and in particular Article 13 (2) thereof,
(1) Whereas Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund;
(2) Whereas the refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 2513/98(4);
(3) Whereas, as far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture; whereas these quantities were fixed in Regulation (EC) No 1501/95;
(4) Whereas the world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination;
(5) Whereas the refund must be fixed once a month; whereas it may be altered in the intervening period;
(6) Whereas it follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto;
(7) 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 export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EEC) No 1766/92, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 December 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1999. | [
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Commission Regulation (EC) No 2025/2003
of 17 November 2003
prohibiting fishing for ling by vessels flying the flag of Sweden
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 806/2003(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2340/2002 of 16 December 2002 fixing for 2003 and 2004 the fishing opportunities for deep-sea fish stocks(3) lays down quotas for ling for 2003.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of ling in the waters of ICES division III (EC waters and waters not falling under the sovereignty or within the jurisdiction of third countries), by vessels flying the flag of Sweden or registered in Sweden have exhausted the quota allocated for 2003. Sweden has prohibited fishing for this stock from 31 August 2003. This date should consequently be adopted in this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of ling in the waters of ICES division III (EC waters and waters not falling under the sovereignty or within the jurisdiction of third countries), by vessels flying the flag of Sweden or registered in Sweden are hereby deemed to have exhausted the quota allocated to Sweden for 2003.
Fishing for ling in the waters of ICES division III (EC waters and waters not falling under the sovereignty or within the jurisdiction of third countries), by vessels flying the flag of Sweden or registered in Sweden 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 Union.
It shall apply from 31 August 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 2003. | [
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COUNCIL DECISION
of 17 May 1999
repealing Common Position 98/614/CFSP concerning Nigeria
(1999/347/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union and, in particular, Article 15 thereof,
(1) Whereas on 30 October 1998 the Council adopted Common Position 98/614/CFSP(1) concerning Nigeria;
(2) Whereas, on 29 May 1999, a civilian democratically elected President will take office in Nigeria and a civilian government will be formed;
(3) Whereas the conditions set out by the Council on 30 October 1998 for the lifting of the remaining sanctions on Nigeria will thus have been fulfilled,
HAS DECIDED AS FOLLOWS:
Article 1
Common Position 98/614/CFSP is hereby repealed as from 1 June 1999.
Article 2
This Decision shall be published in the Official Journal.
Done at Brussels, 17 May 1999. | [
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COUNCIL REGULATION (EEC) 3948/88 of 11 December 1988 fixing, for 1989, certain measures for the conservation and management of fishery resources, applicable to vessels flying the flag of a Member State, other than Spain and Portugal, in waters falling under the sovereignty or within the jurisdiction of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 164 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 164 of the Act of Accession, it is for the Council to fix the fishing possibilities and the corresponding number of Community vessels which may fish in Atlantic waters falling under the sovereignty or within the jurisdiction of Spain and covered by the International Council for the Exploration of the Sea (ICES);
Whereas these possibilities are determined, with respect to species subject to the system of total allowable catches (TACs) and quotas, on the basis of the fishing possibilities allocated and, with respect to species not subject to the TAC and quota system, according to the relative stability of stocks and the need to ensure their conservation;
Whereas specialized fishing activities shall be carried out with the same quantitative limits as those specified for Spanish vessels authorized to carry out their fishing activities in the waters of Member States apart from Portugal;
Whereas the specific conditions governing the fishing activities of such vessels should be laid down;
Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Council Regulation (EEC) No 2241/87 of 23 July 1987, establishing certain control measures for fishing activities(1), as well as to the specific procedures drawn up in accordance with Article 164 (4) of the Act of Accession,
HAS ADOPTED THIS REGULATION:
Article 1 The number of vessels flying the flag of a Member State, other than Spain and Portugal, authorized to fish in waters falling under the sovereignty or within the jurisdiction of Spain as provided for in Article 164 of the Act of Accession and the procedures governing access, shall be as set out in the Annex.
Article 2 This Regulation shall enter into force on 1 January 1989.
It shall be applicable until 31 December 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 1988. | [
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COMMISSION REGULATION (EEC) No 3133/92 of 29 October 1992 on varying entry prices for certain fruit and vegetables originating in Mediterranean third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3488/89 of 21 November 1989 laying down the method of decision for certain provisions laid down for agricultural products in the framework of Mediterranean agreements (1), and in particular Article 2 thereof,
Whereas, in accordance with the agreements concluded with various Mediterranean third countries, the Community may decide that the entry prices for certain fruit and vegetables originating in such countries should vary, taking account of the annual reviews of trade flows by product and country pursuant to 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 (2);
Whereas an examination of the outlook for export flows from Mediterranean third countries in the light of the overall trend on the Community market points to the need for the entry prices for oranges, clementines, mandarins and other similar citrus hybrids, lemons and tomatoes to vary;
Whereas the variation in the entry price must, for each product concerned, relate to the amount to be deducted as customs duties from the representative prices recorded in the Community for the calculation of the entry price referred to in Article 24 of Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (3), as last amended by Regulation (EEC) No 1754/92 (4); whereas, depending on the product and origin, reductions, as appropriate, of one-half or two-thirds during trading periods will enable the desired objective to be attained; whereas such reductions must apply within the quantitative limits determined, in accordance with the Mediterranean agreements;
Whereas this variation in the entry prices is to apply in respect of specific quantities which must be entered in the accounts during the periods laid down in the agreements; whereas such entry in the accounts must take place through the statistical monitoring introduced for the administration of quotas;
Whereas provision should however be made for a Community surveillance system for tomatoes from Morocco imported into the Community in May given the lack of a quota for that period;
Whereas the Commission must inform the Member States as soon as the quantities laid down in the Mediterranean agreements and quoted in this Regulation have been reached;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of calculating the entry prices referred to in Article 24 (3) of Regulation (EEC) No 1035/72 for products originating in the Mediterranean countries mentioned in the Annex hereto, the amount to be deducted as customs duties from the recorded representative prices shall be reduced by the percentage indicated in the Annex during the periods and subject to the maximum quantities specified therein.
Article 2
1. Fresh or chilled tomatoes falling within CN code 0702 00 and originating in Morocco shall be subject to Community surveillance during the month of May.
2. Deductions shall be made from the specified quantities when products are presented to the customs authorities for release for free circulation, accompanied by a movement certificate.
Goods may be deducted from the specified quantity only if the movement certificate is submitted before the date on which these preferential arrangements cease to apply.
The extent to which a specified quantity is used up shall be determined at Community level on the basis of the imports deducted from it as specified in the first and second subparagraphs.
Member States shall inform the Commission, at the intervals and within the time limits specified in paragraph 3, of imports effected in accordance with the rules set out above.
3. With respect to imports effected, Member States shall send the Commission statements of the deducted quantities every 10 days, to be forwarded within five days from the end of each 10-day period.
4. As soon as the quantities specified in the Annex have been reached, the Commission shall inform the Member States of the date from which these preferential arrangements shall cease to apply.
Article 3
Member States and the Commission shall cooperate closely with a view to implementing this Regulation and in particular, where the need arises, to coordinating the system for administering the tariff quotas.
Article 4
This Regulation shall enter into force on 1 November 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 October 1992. | [
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Commission Decision
of 13 April 2004
suspending the placing on the market and import of jelly mini-cups containing the food additives E 400, E 401, E 402, E 403, E 404, E 405, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E 417 and/or E 418
(notified under document number C(2004) 1401)
(Text with EEA relevance)
(2004/374/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1), as amended by Regulation (EC) No 1642/2003(2), and in particular Article 53(1) thereof,
Whereas:
(1) Under Article 53(1) of Regulation (EC) No 178/2002 the Commission can suspend the placing on the market or use of a food that is likely to constitute a serious risk to human health, when such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.
(2) Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweeteners(3), as last amended by Regulation (EC) No 1882/2003(4), authorises the use of the food additives E 400 alginic acid, E 401 sodium alginate, E 402 potassium alginate, E 403 ammonium alginate, E 404 calcium alginate, E 405 propane 1,2-diol alginate, E 406 agar, E 407 carrageenan, E 407a processed euchema seaweed, E 410 locust bean gum, E 412 guar gum, E 413 tragacanth, E 414 acacia gum, E 415 xanthan gum, E 417 tara gum and/or E 418 gellan gum in foodstuffs under certain conditions.
(3) Several Member States have taken measures to temporarily prohibit the placing on the market or import of jelly confectionery of a firm consistence, contained in semi-rigid mini-cups or mini-capsules, intended to be ingested in a single bite by exerting pressure on the mini-cup or mini-capsule to project the confectionery into the mouth and containing additives derived from seaweed and/or certain gums, hereafter designated as jelly mini-cups. The concerned Member States have taken these measures as these jelly mini-cups combine several risk factors due to their consistence, shape, size and manner of ingestion, giving rise to a risk that they remain blocked in the throat and provoke choking. The Commission has been informed of these measures.
(4) The Commission has examined the information given by the Member States together with the Standing Committee on the Food Chain and Animal Health.
(5) On the basis of the information provided by the Member States who adopted measures at national level, it can be concluded that jelly mini-cups containing additives derived from seaweed and/or certain gums constitute a life-threatening risk. Even if the shape, size and manner of ingestion are the main cause, the risk also originates from the chemical and physical properties of these additives which contribute to the cause for jelly mini-cups to constitute a serious risk to human health.
(6) In the present case, warning through labelling would not be sufficient to protect human health, especially with regard to children.
(7) Community-wide measures are necessary to provide adequate protection of human health, due to the disparity of the measures taken by some Member States and the fact that other Member States have not taken any measures at all.
(8) It is necessary to suspend the placing on the market of jelly mini-cups containing one or more of the food additives E 400, E 401, E 402, E 403, E 404, E 405, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E 417 and/or E 418 and the use of these additives in jelly mini-cups and imports of jelly mini-cups containing these additives in order to protect human health.
(9) The Commission will consult the European Food Safety Authority on this matter as it is of public health relevance and, on the basis of the scientific opinion of the Authority, it will review the present decision and examine whether there is a need to propose to the European Parliament and to the Council an amendment to Directive 95/2/EC.
(10) 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 purposes of this Decision, jelly mini-cups means jelly confectionery of a firm consistence, contained in semi-rigid mini-cups or mini-capsules, intended to be ingested in a single bite by exerting pressure on the mini-cup or mini-capsule to project the confectionery into the mouth and containing food additives derived from seaweed and/or certain gums.
Article 2
1. The placing on the market of jelly mini-cups containing E 400 alginic acid, E 401 sodium alginate, E 402 potassium alginate, E 403 ammonium alginate, E 404 calcium alginate, E 405 propane 1,2-diol alginate, E 406 agar, E 407 carrageenan, E 407a processed euchema seaweed, E 410 locust bean gum, E 412 guar gum, E 413 tragacanth, E 414 acacia gum, E 415 xanthan gum, E 417 tara gum and/or E 418 gellan gum is suspended.
2. The use of E 400 alginic acid, E 401 sodium alginate, E 402 potassium alginate, E 403 ammonium alginate, E 404 calcium alginate, E 405 propane 1,2-diol alginate, E 406 agar, E 407 carrageenan, E 407a processed euchema seaweed, E 410 locust bean gum, E 412 guar gum, E 413 tragacanth, E 414 acacia gum, E 415 xanthan gum, E 417 tara gum and/or E 418 gellan gum in jelly mini-cups is suspended.
3. The import of jelly mini-cups containing E 400 alginic acid, E 401 sodium alginate, E 402 potassium alginate, E 403 ammonium alginate, E 404 calcium alginate, E 405 propane 1,2-diol alginate, E 406 agar, E 407 carrageenan, E 407a processed euchema seaweed, E 410 locust bean gum, E 412 guar gum, E 413 tragacanth, E 414 acacia gum, E 415 xanthan gum, E 417 tara gum and/or E 418 gellan gum is suspended.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 13 April 2004. | [
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COUNCIL REGULATION (EC) No 1892/95 of 29 June 1995 on the conclusion of the Protocol establishing for the period 1 July 1994 to 30 June 1997 the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43, in conjunction with Article 228 (2) and (3) first subparagraph,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas, pursuant to the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea (2), the two Parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol;
Whereas, as a result of these negotiations, a new Protocol establishing the fishing rights and financial compensation provided for in the abovementioned Agreement for the period 1 July 1994 to 30 June 1997 was initialled on 30 June 1994;
Whereas it is in the Community's interest to approve the Protocol,
HAS ADOPTED THIS REGULATION:
Article 1
The Protocol establishing, for the period 1 July 1994 to 30 June 1997, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Regulation.
Article 2
The President of the Council is hereby authorized to designate the persons empowered to sign the Protocol 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.
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 DECISION of 7 September 1979 setting out the tables relating to the classification of agricultural holdings on the basis of a Community typology, the method of their transcription on to magnetic tape and the deadline for their transmission for the purposes of the survey on the structure of agricultural holdings for 1977 (79/832/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3228/76 of 21 December 1976 on the organization of a survey on the structure of agricultural holdings for 1977 (1), and in particular Article 6 (1) (a), (d) and (e) thereof,
Whereas, pursuant to Article 6 (1) (a) of Regulation (EEC) No 3228/76, Member States are to set out the results of the survey in the form of a schedule of tables drawn up in accordance with a Community outline ; whereas such outline is to be drawn up in accordance with the procedure laid down in Article 8 of the said Regulation;
Whereas a schedule of tables was laid down under Commission Decision 77/614/EEC (2);
Whereas the tables relating to the classification of agricultural holdings on the basis of a Community typology form part of a schedule of tables for the survey on the structure of agricultural holdings for 1977;
Whereas it was not possible to finalize the tables relating to the classification of agricultural holdings on the basis of a Community typology before such typology was established ; whereas such typology was established by Commission Decision 78/463/EEC (3) ; whereas such typology should be employed for the purposes of the survey as prescribed by Regulation (EEC) No 3228/76;
Whereas, pursuant to Article 6 (1) (d) of Regulation (EEC) No 3228/76, the Member States are to transcribe the results of the survey on to magnetic tape using a standard program for all Member States ; whereas the method of transcription and the standard program are to be drawn up in accordance with the procedure laid down in Article 8 of the said Regulation;
Whereas, by virtue of Commission Decision 78/73/EEC (4), the standard code and the detailed rules for the transcription on to magnetic tape of the results of the survey on the structure of agricultural holdings for 1977 were laid down in respect of the schedule of tables already drawn up ; whereas there are to be added to such schedule the tables relating to the classification of agricultural holdings on the basis of a Community typology;
Whereas, pursuant to Article 6 (1) (e) of Regulation (EEC) No 3228/76, the deadline for the transmission to the Statistical Office of the European Communities of the tables relating to the classification of agricultural holdings on the basis of a Community typology is to be fixed in accordance with the procedure laid down in Article 8 of the said Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Statistics,
HAS ADOPTED THIS DECISION:
Article 1
The tables set out in Annex 1 shall be added to the Annex to Decision 77/614/EEC. (1)OJ No L 366, 31.12.1976, p. 1. (2)OJ No L 252, 3.10.1977, p. 3. (3)OJ No L 148, 5.6.1978, p. 1. (4)OJ No L 25, 31.1.1978, p. 44.
Article 2
The table set out in Annex 2 shall be added to the Annexes to Decision 78/73/EEC.
Article 3
The deadline for sending the tables provided for in Article 1 to the Statistical Office of the European Communities shall be 30 June 1980.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 7 September 1979. | [
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COMMISSION REGULATION (EC) No 1785/2006
of 4 December 2006
laying down rules for the management and distribution of textile quotas established for the year 2007 under Council Regulation (EC) No 517/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (1), and in particular Article 17(3) and (6) and Article 21(2) thereof,
Whereas:
(1)
Regulation (EC) No 517/94 established quantitative restrictions on imports of certain textile products originating in certain third countries to be allocated on a first come, first served basis.
(2)
Under that Regulation it is possible, in certain circumstances, to use other allocation methods, to divide quotas into tranches, or to reserve a proportion of a specific quantitative limit exclusively for applications which are supported by evidence of the results of past import performance.
(3)
Rules for management of the quotas established for 2007 should be adopted before the quota year begins so that the continuity of trade flows is not affected unduly.
(4)
The measures adopted in previous years, such as those in Commission Regulation (EC) No 2038/2005 of 14 December 2005 laying down rules for the management and distribution of textile quotas established for the year 2006 under Council Regulation (EC) No 517/94 (2), proved to be satisfactory and it is therefore appropriate to adopt similar rules for 2007.
(5)
In order to satisfy the greatest possible number of operators it is appropriate to make the ‘first come, first served’ allocation method more flexible by placing a ceiling on the quantities which can be allocated to each operator by that method.
(6)
To guarantee a degree of continuity in trade and efficient quota administration, operators should be allowed to make their initial import authorisation application for 2007 equivalent to the quantity which they imported in 2006.
(7)
To achieve optimum use of the quantities, an operator who has used up at least one half of the amount already authorised should be permitted to apply for a further amount, provided that quantities are available in the quotas.
(8)
For the sake of sound administration, import authorisations should be valid for nine months from the date of issue but only until the end of the year at the latest. Member States should issue licences only after being notified by the Commission that quantities are available and only if an operator can prove the existence of a contract and can certify, in the absence of a specific provision to the contrary, that he has not already been allocated a Community import authorisation under this Regulation for the categories and countries concerned. The competent national authorities should, however, be authorised, in response to importers' applications, to extend by three months and up to 31 March 2008 licences of which at least one half has been used by the application date.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Article 25 of Regulation (EC) No 517/94,
HAS ADOPTED THIS REGULATION:
Article 1
The purpose of this Regulation is to lay down rules on the management of quantitative quotas for imports of certain textile products set out in Annexes III B and IV to Regulation (EC) No 517/94 for the year 2007.
Article 2
The quotas referred to in Article 1 shall be allocated according to the chronological order of receipt by the Commission of Member States' notifications of applications from individual operators, for amounts not exceeding the maximum quantities per operator set out in Annex I.
The maximum quantities shall not, however, apply to operators able to prove to the competent national authorities, when making their first application for 2007, that, in respect of given categories and given third countries, they imported more than the maximum quantities specified for each category pursuant to import licences granted to them for 2006.
In the case of such operators, the competent authorities may authorise imports not exceeding the quantities imported in 2006 from given third countries and in given categories, provided that enough quota capacity is available.
Article 3
Any importer who has already used up 50 % or more of the amount allocated to him under this Regulation may make a further application, in respect of the same category and country of origin, for amounts not exceeding the maximum quantities laid down in Annex I.
Article 4
1. The competent national authorities listed in Annex II may, from 10 a.m. on 4 January 2007, notify the Commission of the amounts covered by requests for import authorisations.
The time fixed in the first subparagraph shall be understood as Brussels time.
2. The competent national authorities shall issue authorisations only after being notified by the Commission pursuant to Article 17(2) of Regulation (EC) No 517/94 that quantities are available for importation.
They shall issue authorisations only if an operator:
(a)
proves the existence of a contract relating to the provision of the goods and,
(b)
certifies in writing that, in respect of the categories and countries concerned:
(i)
he has not already been allocated an authorisation under this Regulation; or
(ii)
he has been allocated an authorisation under this Regulation but has used up at least 50 % of it.
3. Import authorisations shall be valid for nine months from the date of issue, but until 31 December 2007 at the latest.
The competent national authorities may, however, at the importer's request, grant a three-month extension for authorisations which are at least 50 % used up at the time of the request. Such extension shall in no circumstances expire later than 31 March 2008.
Article 5
This Regulation shall enter into force on 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 December 2006. | [
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COMMISSION REGULATION (EC) No 1193/2005
of 25 July 2005
amending Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the list of countries and territories
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (1), and in particular Articles 10 and 21 thereof,
Whereas:
(1)
Regulation (EC) No 998/2003 lays down a list of third countries and territories from which movement of pet animals to the Community may be authorised, provided that certain requirements are met.
(2)
A provisional list of third countries was established by Regulation (EC) No 998/2003, as amended by Commission Regulation (EC) No 592/2004 (2). That list includes countries and territories which are free of rabies and countries in respect of which the risk of rabies entering the Community as a result of movements from their territories has been found to be no higher than the risk associated with movements between Member States.
(3)
From information supplied by Argentina it appears that the risk of rabies entering the Community as a result of movements of pet animals from Argentina has been found to be no higher than the risk associated with movements between Member States or from third countries already listed in Regulation (EC) No 998/2003. Therefore Argentina should be included in the list of countries and territories set out in Regulation (EC) No 998/2003.
(4)
In the interest of clarity that list of countries and territories should be replaced in its entirety.
(5)
Regulation (EC) No 998/2003 should therefore be amended accordingly.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EC) No 998/2003 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2005. | [
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COMMISSION REGULATION (EC) No 1972/2004
of 16 November 2004
fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95
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 5(4) thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (2), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (3), and in particular Article 3(4) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1484/95 (4), fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.
(2)
It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.
(3)
It is necessary to apply this amendment as soon as possible, given the situation on the market.
(4)
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
Annex I to Regulation (EC) No 1484/95 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 17 November 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 2004. | [
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Commission Regulation (EC) No 2326/2002
of 23 December 2002
on the issue of system B export licences in the fruit and vegetables sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 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 1176/2002(2), and in particular Article 6(6) thereof,
Whereas:
(1) Commission Regulation (EC) No 1886/2002(3) fixes the indicative quantities for system B export licences other than those sought in the context of food aid.
(2) In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for oranges will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector.
(3) To avoid this situation, applications for system B licences for oranges after 23 December 2002 should be rejected until the end of the current export period,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for system B export licences for oranges submitted pursuant to Article 1 of Regulation (EC) No 1886/2002, export declarations for which are accepted after 23 December 2002 and before 15 January 2003, are hereby rejected.
Article 2
This Regulation shall enter into force on 24 December 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2002. | [
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COMMISSION REGULATION (EC) No 920/98 of 28 April 1998 concerning the stopping of fishing for cod by vessels flying the flag of Sweden
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 2635/97 (2), and in particular Article 21(3) thereof,
Whereas Council Regulation (EC) No 61/98 of 19 December 1997 allocating, for 1998, catch quotas between Member States for vessels fishing in the zone of the Russian Federation (3), provides for cod quotas for 1998;
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 cod in the waters of ICES division III d (Russian waters) by vessels flying the flag of Sweden or registered in Sweden have reached the quota allocated for 1998; whereas Sweden has prohibited fishing for this stock as from 23 January 1998; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of cod in the waters of ICES division III d (Russian waters) by vessels flying the flag of Sweden or registered in Sweden are deemed to have exhausted the quota allocated to Sweden for 1998.
Fishing for cod in the waters of ICES division III d (Russian waters) by vessels flying the flag of Sweden or registered in Sweden 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 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 with effect from 23 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 1998. | [
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COMMISSION REGULATION (EC) No 2235/97 of 10 November 1997 amending Regulation (EC) No 3392/93 on detailed rules for the application of Council Regulation (EEC) No 1842/83 laying down general rules for the supply of milk and certain milk products at reduced prices to school children
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EC) No 1587/96 (2), and in particular Article 26 (4) thereof,
Whereas the first subparagraph of Article 2 (1) of Council Regulation (EEC) No 1842/83 (3), as last amended by Regulation (EC) No 1958/97 (4), provides for the grant of Community aid for the products known as 'viili/fil` made from whole milk;
Whereas it is therefore necessary to include these products in the Annex to Commission Regulation (EC) No 3392/93 (5), as last amended by Regulation (EC) No 2808/95 (6); whereas, in addition, Article 4 (1) of that Regulation should be amended to specify the amount of Community aid for these products, taking account of the fact that their fat content is at least 3 %;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 3392/93 is hereby amended as follows:
1. the first indent of the second subparagraph of Article 4 (1) is replaced by the following:
'- ECU 26,73 per 100 kg for category I products listed in the Annex, whose fat content is at least 3,00 % but less than 3,50 %,`;
2. in the Annex, the following text is added under category I:
'(d) "Viili/fil" whose fat content is at least 3,00 %`.
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, 10 November 1997. | [
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Commission Regulation (EC) No 1145/2003
of 27 June 2003
amending Regulation (EC) No 1685/2000 as regards the rules of eligibility for co-financing by the Structural Funds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), as amended by Regulation (EC) No 1447/2001(2), and in particular Articles 30(3) and 53(2) thereof,
After consulting the Committee set up pursuant to Article 147 of the Treaty, the Committee on Agricultural Structures and Rural Development, and the Committee on Structures for Fisheries and Aquaculture,
Whereas:
(1) A common set of rules on eligibility is set out in the Annex to Commission Regulation (EC) No 1685/2000 of 28 of July 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds(3). That Regulation entered into force on 5 August 2000.
(2) However, experience has shown that the eligibility rules need to be amended in several regards.
(3) In particular, it is appropriate to recognise the eligibility of charges for transnational financial transactions in the context of assistance under Peace II and the Community initiatives, subject to deduction of interest received on payments on account.
(4) It should also be made clear that payments into venture capital, loan and guarantee funds constitute expenditure actually paid out.
(5) It should be made more explicit that the eligibility of VAT for co-financing does not depend on whether the final beneficiary is public or private.
(6) As regards rural development, it should be made clear that the rule whereby proof of expenditure may take the form of receipted invoices should apply, but without prejudice to specific rules established in Commission Regulation (EC) No 445/2002 of 26 February 2002 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(4), as amended by Regulation (EC) No 963/2003(5), where standard unit costs for certain investments in the forestry sector have to be determined.
(7) For the sake of clarity and convenience, the Annex to Regulation (EC) No 1685/2000 should be replaced in its entirety.
(8) The regulatory provisions governing payments in venture capital, loan and guarantee funds, and the eligibility of VAT, have raised difficulties of interpretation.
(9) Having due regard to the principle of equal treatment, and for the purpose of taking into account the costs attributable to transnational financial charges, the relevant rules should apply retroactively.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Development and Conversion of Regions,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1685/2000 is replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
The following points in the Annex shall be applicable from 5 August 2000:
(a) in Rule 1, points 1.2, 1.3, 2.1, 2.2, and 2.3;
(b) in Rule 3, point 1;
(c) in Rule 7, points 1 to 5.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 2003. | [
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COMMISSION REGULATION (EEC) No 1319/92 of 22 May 1992 establishing a system for the surveillance of imports of fresh sour cherries originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Macedonia and Montenegro
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 545/92 of 3 February 1992 concerning the arrangements applicable to the import into the Community of products originating in the Republics of Croatia and Slovenia and the Yugoslav Republics of Bosnia-Herzegovina, Macedonia and Montenegro (1), and in particular Article 10 thereof,
Whereas Regulation (EEC) No 545/92 provides for the grant of tariff concessions for fresh sour cherries originating in the Republics referred to above within the limit of an annual ceiling of 3 000 tonnes; whereas, pursuant to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (2), as last amended by Regulation (EEC) No 1039/92 (3), chilled cherries are to be classified under the same tariff heading as fresh cherries;
Whereas, in order to ensure that these provisions are properly applied, imports of fresh sour cherries originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Macedonia and Montenegro should be subject to a system of import licences; whereas the special rules governing that system should be laid down;
Whereas exceptions to certain provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (4), as last amended by Regulation (EEC) No 2050/91 (5), should be made to avoid exceeding the quantity fixed in Regulation (EEC) No 545/92;
Whereas import licences are issued using the most detailed CN code; whereas the combined nomenclature comprises two codes according to the periods of importation of sour cherries; whereas provision should accordingly be made for the issue of import licences for the two CN codes concerned; whereas, moreover, the period of validity of licences take into account the time for transporting the product to the Community;
Whereas, in order to ensure the proper operation of this system, provision should be made for weekly notification by the Member States of the quantities relating to unused or partly unused licences,
HAS ADOPTED THIS REGULATION:
Article 1
1. Imports into the Community of fresh sour cherries falling within CN codes ex 0809 20 10 and ex 0809 20 90 and originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Macedonia and Montenegro shall be subject to the production of an import licence issued by the Member States concerned to any applicant for such a licence irrespective of the place of his establishment in the Community.
2. The issue of an import licence shall be conditional on the lodging of a security guaranteeing that import will take place during the period of validity of the licence.
Article 2
1. Regulation (EEC) No 3719/88 shall apply to import licences for fresh sour cherries originating in the Republics referred to in Article 1 subject to the specific provisions of this Regulation.
Notwithstanding Article 8 (4) of the abovementioned Regulation, the provisions permitting a tolerance for quantities in excess shall not apply.
2. CN codes ex 0809 20 10 and ex 0809 20 90 must be marked in section 16 of applications for licences and of import licences.
3. The security shall be ECU 0,60 per 100 kilograms net.
4. Import licences shall be valid for eight days from the date of actual issue.
Except in cases of force majeure, the security shall be forfeit in whole or in part if the transaction is not carried out or is only partially carried out within that period.
Article 3
1. The Republic(s) of origin concerned must be marked in section 8 of applications for licences and of import licences proper as the country or countries of origin of the product. Import licences shall be valid for products originating in the Republic(s) in question only.
2. Import licences shall be issued on the fifth working day following the day on which the application was lodged unless measures are taken within that time.
Article 4
Member States shall notify the Commission of:
1. the quantities of fresh sour cherries corresponding to the import licences applied for.
Such quantities shall be notified at the following intervals:
- each Wednesday for applications lodged on Mondays and Tuesdays,
- each Friday for applications lodged on Wednesdays and Thursdays,
- each Monday for applications lodged on Friday of the previous week;
2. the quantities corresponding to import licences not used or partly used, amounting to the difference between the quantities deducted on the back of the licences and the quantities for which the latter were issued.
Such quantities shall be notified on Wednesday each week as regards data received the previous week.
3. if no application for an import licence is lodged during one of the periods mentioned in point 1 or if there are no quantities unused within the meaning of point 2, the Member State in question shall so inform the Commission on the days indicated in this Article.
Article 5
This Regulation shall enter into force on the eighth 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, 22 May 1992. | [
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*****
COMMISSION DECISION
of 25 July 1990
laying down the codes for the notification of animal diseases
(90/442/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (1), as last amended by Commission Decision 90/134/EEC (2), and in particular Article 5 thereof,
Whereas Commission Decision 84/90/EEC (3), as last amended by Decision 89/163/EEC (4), lays down the form in which animal diseases are to be notified;
Whereas the Commission's Decision of 30 January 1985 (5), as last amended by Decision of 3 April 1990 (6), lays down the codes for the notification of animal diseases;
Whereas the codes assigned to the regions of Spain and Portugal and to the 'RVV-Kring' in the Netherlands should be included;
Whereas in the interests of clarity the Decision of 30 January 1985 should therefore be repealed and a consolidated text adopted;
Whereas it is necessary to take into account the essential requirements which applied when the Decision of 30 January 1985 was adopted, namely the confidentiality of the information to be supplied, the need to transmit information electronically and to provide the information required under Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever (7), as last amended by Directive 87/486/EEC (8);
Whereas in order to protect the confidentiality of the transmitted information, the annexes to this Decision should not be published;
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 purpose of animal disease notification procedures, information shall be transmitted using the codes laid down in Annexes 1 to 11 to this Decision.
Article 2
The Decision of 30 January 1985 is hereby repealed.
Article 3
This Decision shall apply from 1 August 1990.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 25 July 1990. | [
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Commission Regulation (EC) No 2307/2003
of 29 December 2003
amending Regulation (EC) No 2550/2001 as regards the areas eligible for the goat premium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat(1), and in particular Article 4(2) thereof,
Whereas:
(1) The areas eligible for the premium for goatmeat producers are listed in Annex I to Commission Regulation (EC) No 2550/2001 of 21 December 2001 laying down detailed rules for the application of Council Regulation (EC) No 2529/2001 on the common organisation of the market in sheepmeat and goatmeat as regards premium schemes and amending Regulation (EC) No 2419/2001(2), as amended by Regulation (EC) No 623/2002(3).
(2) A further examination has shown that the list of geographical areas should be updated. Following an analysis of the goat production system in the overseas departments, the French authorities have established that those departments meet the criteria laid down in Article 4(2) of Regulation (EC) No 2529/2001.
(3) This update does not prejudice ex post checks concerning the conditions for the grant of aid laid down in Article 4(2) of Regulation (EC) No 2529/2001.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 2550/2001 is replaced by the Annex hereto.
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 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 December 2003. | [
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Council Decision
of 28 June 2001
establishing a second phase of the programme of incentives and exchanges, training and cooperation for legal practitioners (Grotius II - Criminal)
(2001/512/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters.
(2) The conclusions of the Tampere European Council call for cooperation in the fight against crime to be stepped up in order to achieve a genuine European area of justice.
(3) The Grotius programme, set up by Council Joint Action 96/636/JHA of 28 October 1996 on a programme of incentives and exchanges for legal practitioners ("Grotius")(3), has helped step up cooperation between the Member States' judiciaries and improve mutual understanding of their legal and judicial systems.
(4) The renewal of the programme, expressly provided for by that Joint Action, would enable this cooperation to be improved.
(5) The entry into force of the Amsterdam Treaty brings judicial cooperation in civil matters under Article 61 of the Treaty establishing the European Community and, consequently, support for cooperation activities in this field has become the subject of a separate Commission initiative on the renewal of the Grotius "Civil" programme.
(6) It is desirable to ensure continuity for the general and criminal projects supported by the Grotius programme and to renew the programme for a second phase of two years.
(7) The Grotius criminal programme must be opened up further to the applicant countries by facilitating their participation in the projects supported by the programme.
(8) The measures necessary for the implementation of this Decision should be adopted in accordance with the procedures set out herein.
(9) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(4), is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the EC Treaty,
HAS ADOPTED THIS DECISION:
Article 1
Establishment of the programme
1. This Decision establishes, for general and criminal matters, the second phase of the Grotius cooperation programme, hereinafter "the programme", set up by Joint Action 96/636/JHA.
2. The programme is hereby renewed for the period from 1 January 2001 to 31 December 2002.
Article 2
Programme objectives
1. The programme shall contribute to the general objective of providing citizens with a high level of protection in an area of freedom, security and justice. Within this framework, it is intended to stimulate mutual knowledge of legal and judicial systems and to facilitate general judicial and criminal cooperation between the Member States.
2. The specific objectives of the programme are:
(a) preparation of projects in the field of criminal judicial cooperation;
(b) help in implementing the instruments adopted;
(c) support for better mutual understanding on general topics of shared interest for the Member States;
(d) local ad hoc projects with the aim of improving cooperation on the ground;
(e) setting up networks between certain organisations and professions.
3. The applicant countries may participate in projects in order to familiarise themselves with the Union acquis in this area and help them prepare for accession. Other third countries may also participate where this serves the aims of the projects.
Article 3
Access to the programme
1. The programme shall co-finance projects submitted by institutions and public or private organisations, including professional organisations, research institutes and legal and judicial training/further training institutes for legal practitioners.
2. For the purposes of this Decision, "legal practitioners" means judges, public prosecutors, lawyers, law officials, criminal investigation officers, bailiffs, experts, court interpreters, other professionals associated with the judiciary and researchers.
3. To be eligible for co-financing, the projects must involve at least three Member States, or two Member States and one applicant country, and have the objectives mentioned in Article 2.
4. The programme may also finance:
(a) specific projects organised by Member States of particular interest in terms of the programme's priorities or cooperation with the applicant countries;
(b) complementary measures organised by Member States such as seminars, meetings of experts or other activities to disseminate the information obtained under the programme.
Article 4
Activities under the programme
The programme shall comprise the following types of activities which apply to all fields of judicial cooperation with the exception of judicial cooperation in civil matters:
(a) training;
(b) exchanges and work experience placements;
(c) studies and research;
(d) meetings and seminars;
(e) dissemination of the results obtained within the framework of the programme.
Article 5
Financing the programme
1. The financial reference amount for the implementation of this programme for the period 2001 to 2002 shall be EUR 4 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. The co-financing of a project by the programme shall be exclusive of any other financing by another programme financed by the general budget of the European Union.
4. Financing decisions shall be followed by grant contracts between the Commission and the organisers. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.
5. The proportion of financial support from the Community budget shall not exceed 70 % of the cost of the project.
6. However, the specific projects and complementary measures mentioned in Article 3(4) can be financed to 100 %, up to a ceiling of 10 % of the total financial package allocated annually to the programme for specific projects under Article 3(4)(a), and 5 % for complementary measures under Article 3(4)(b).
Article 6
Implementation of the programme
1. The Commission shall be responsible for the management and implementation of the programme, in cooperation with the Member States.
2. The programme shall be managed by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities.
3. To implement the programme, the Commission shall:
(a) prepare an annual work programme comprising specific objectives, thematic priorities and, if necessary, a list of specific projects and complementary measures;
(b) evaluate and select the projects presented by the organisers mentioned in Article 3.
4. The Commission shall submit to the Committee mentioned in Article 7 the draft measures to be taken to implement the project in sufficient time to enable the Member States to consider them. Examination of the drafts presented by the organisers shall be carried out in accordance with the advisory procedure laid down in Article 8. Examination of the annual work programme, the specific projects and the complementary measures shall be carried out in accordance with the management procedure laid down in Article 9.
5. The Commission shall, on condition that they are compatible with the relevant policies, evaluate and select projects submitted by the organisers on the basis of the following criteria:
(a) conformity with the programme's objectives;
(b) European dimension of the project and scope for participation by the applicant countries;
(c) compatibility with the work undertaken or planned within the framework of the European Union's political priorities on judicial cooperation in general and criminal matters;
(d) complementarity with other past, present or future cooperation projects;
(e) ability of the organiser to implement the project;
(f) inherent quality of the project in terms of its conception, organisation, presentation and expected results;
(g) amount of the subsidy requested under the programme and proportionality with the expected results;
(h) impact of the expected results on the programme's objectives.
These criteria will be prioritised in the annual work programme.
Article 7
Committee
1. The Commission shall be assisted by a Committee entitled the "Grotius II - Criminal Committee", consisting of representatives of the Member States and chaired by the Commission's representative.
2. This Committee shall adopt its rules of procedure on a proposal by the chair, on the basis of standard rules of procedure which have been published in the Official Journal of the European Communities. The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.
Article 8
Advisory procedure
1. Where reference is made to this Article, the Commission shall be assisted by an advisory Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
4. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.
Article 9
Management procedure
1. Where reference is made to this Article, the Commission shall be assisted by a management Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.
4. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 3.
Article 10
Evaluation
1. The Commission shall undertake each year an evaluation of the actions carried out in implementing the programme for the previous year. The outcome of the evaluation shall be forwarded to the Committee.
2. The Commission shall report each year to the European Parliament and the Council on the implementation of the programme. The first report shall be presented before 31 July 2002.
Article 11
Entry into force
This Decision shall take effect from the day of its publication in the Official Journal.
It shall apply until 31 December 2002.
Done at Luxembourg, 28 June 2001. | [
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COMMISSION REGULATION (EC) No 1503/2005
of 16 September 2005
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), 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 17 September 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2005. | [
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COMMISSION REGULATION (EEC) No 1595/91 of 12 June 1991 amending Regulation (EEC) No 2006/80 determining the intervention centres for cereals
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 3577/90 (2), and in particular Article 3 (7) thereof,
Whereas Council Regulation (EEC) No 1145/76 (3) lays down the rules for determining the intervention centres for cereals;
Whereas the intervention centres are laid down in Commission Regulation (EEC) No 2006/80 (4), as last amended by Regulation (EEC) No 2763/90 (5); whereas, under the terms of the consultations provided for under Article 3 (7) of Regulation (EEC) No 2727/75, and as a result of the opening of 1 January 1991 of the second stage of accession of Portugal to the Community, the list of centres should be supplemented;
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 section headed 'Portugal' in the Annex hereto is hereby added to the Annex to Regulation (EEC) No 2006/80. 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 from 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 June 1991. | [
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COMMISSION DECISION
of 12 April 1999
relating to a proceeding pursuant to Articles 85 and 86 of the EC Treaty and Articles 53 and 54 of the EEA Agreement
(Cases No IV/D-1/30.373 - P & I Clubs, IGA and No IV/D-1/37.143 - P & I Clubs, Pooling Agreement)
(notified under document number C(1999) 221)
(Only the English text is authentic)
(Text with EEA relevance)
(1999/329/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement on the European Economic Area,
Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty(1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 2, 6 and 8 thereof,
Having regard to the formal notifications for negative clearance and exemption submitted pursuant to Article 4 of Regulation No 17 of the International Group Agreement on 18 June 1981 and 27 July 1984, the request of 20 February 1995 to renew the exemption granted on 16 December 1985 and the formal notifications for exemption of the International Group Pooling Agreement on 7 July 1998 and of the International Group Agreement on 21 October 1998,
Having regard to the publication pursuant to Article 19(3) of Regulation No 17 of a notice concerning the International Group Pooling Agreement on 14 August 1998(2) and a similar notice regarding the International Group Agreement, published on 21 October 1998(3),
After having consulted the Advisory Committee for Restrictive Practices and Dominant Positions,
Whereas:
(A) THE FACTS
1. INTRODUCTION
(1) This case concerns the compatibility with the competition rules of the EC Treaty and the EEA Agreement of two arrangements concluded within the International Group of P & I Clubs (hereinafter referred to as "the IG"), namely the International Group Pooling Agreement (hereinafter "the Pooling Agreement") and the International Group Agreement (hereinafter "the IGA").
(2) The IGA had originally been notified to the Commission in 1981. The Commission granted to it a formal exemption for 10 years. This expired in February 1995 and the IG requested a renewal of the exemption.
(3) In June 1997 the Commission addressed a Statement of Objections to the IG, considering that both the Pooling Agreement and the IGA were in breach of the competition rules of the EC Treaty. This Statement of Objections had been preceded by a complaint against the Pooling Agreement submitted by the Greek Shipping Cooperation Committee ("GSCC"), a shipping organisation established in London, which deals with matters affecting ships ultimately owned by Greek interests.
(4) After the adoption of the Statement of Objections, the IG decided to amend its arrangements in order to comply with EC and EEA competition rules. It notified an amended version of the Pooling Agreement in July 1998 and of the IGA in October 1998. They will enter into force in February 1999.
2. THE PARTIES
(5) The Protection & Indemnity Clubs (P & I Clubs) are mutual non-profit-making associations that provide Protection & Indemnity (P & I) insurance to their members, the shipowners. Each of the P & I Clubs is governed by a Board that represents the members, but the day-to-day management is in the hands of professional managers appointed by the Board.
(6) The International Group (IG) of P & I Clubs is a worldwide association of P & I Clubs. 19 P & I Clubs are members of the IG (seven from UK, four from Bermuda, three from Luxembourg, two from Norway, and one each from the United States of America, Japan and Sweden).
3. THE MARKET OF P & I INSURANCE
(7) Direct marine insurance can be divided into two broad areas: one covers the risks of damage to the vessels (hull, machinery and suchlike) and is normally offered by commercial insurers. The other, called Protection & Indemnity (P & I) insurance, covers contractual and third-party liability and has been traditionally insured by shipowner mutual associations, the P & I Clubs.
(8) Protection & Indemnity is a general concept which includes insurance for different types of risks: injury or death of crew, passengers and others; collision damage to vessels; other damage to third-party property (such as harbour equipment); pollution; cargo and other (such as expenses of wreck removal). Most P & I insurers provide all these types of cover under a single contract.
(9) Around 89 % of worldwide tonnage, and almost 100 % of European (EU-EFTA) tonnage, is insured by the P & I Clubs which are members of the IG. At present, they offer cover up to around EUR 3,9 billion (USD 4,25 billion).
(10) The worldwide market shares of the individual IG P & I Clubs range from 16,3 % (UK Mutual) to less than 1 % (American Club). A breakdown of these figures into each of the P & I Clubs for the 1998/99 policy year may be seen below(4).
TABLE
(11) The remaining tonnage is insured by small independent P & I mutual associations or maritime commercial insurers, or it is not insured at all against P & I liabilities. Independent P & I mutual associations normally focus on specific types of vessels, such as dry-cargo or coastal or fishing vessels and offer low levels of P & I cover. The largest of these insurers are the Ocean Marine mutual associations.
(12) Some P & I Clubs which are members of the IG independently offer insurance for specific types of vessels. For instance, the Shipowners Mutual Protection (SMP) removed all the fishing vessels from the IG's arrangements in 1996 and now provides cover to them up to USD 500 million.
(13) Some commercial insurers, such as Lloyd's Syndicates, Southern Seas (Chubb Insurance), Terra Nova or HIH also provide direct P& I insurance. Their market share, at present, is insignificant.
4. THE AGREEMENTS
4.1. The Pooling Agreement
(14) The Pooling Agreement is in essence a claim-sharing agreement between mutual associations. Its purpose is to share proportionately among all the P & I Clubs the claims made on one club in excess of a certain amount. It was signed for the first time in 1899 between six P & I Clubs incorporated in the United Kingdom. Since then it has been modified several times and new clubs have adhered to it.
(15) Only 18 P & I Clubs are parties to the Pooling Agreement. The remaining member of the IG, the SMP (from Luxembourg) indirectly participates in it by being reinsured by one of the other clubs.
4.1.1. The claim-sharing arrangement
(16) The claim-sharing arrangement provides for different layers of insurance coverage:
(a) The first EUR 4,57 million (USD 5 million) of any claim is borne by the club whose Member has incurred the liability. This is known as the club's "retention". Most of the claims faced by the clubs fall in this layer (99 % in number and 82 % in value, for the period 1985 to 1995).
(b) The excess of any claim over EUR 4,57 million (USD 5 million) up to EUR 27,42 million (USD 30 million) is shared by the clubs under the Pooling Agreement. Around 20 claims per year have fallen in this layer between 1985 and 1995.
(c) The excess of any claim over EUR 27,42 million (USD 30 million) up to EUR 1,8 billion (USD 2 billion) is covered by the Group General Excess Loss Reinsurance Contract, agreed collectively by the clubs with commercial insurers. Only one or two claims per year reach this layer.
(d) The excess of any claim over the amount of the Excess Reinsurance and up to around EUR 3,9 billion (USD 4,25 billion) is again shared by the clubs under the Pooling Agreement. This is known as the "Overspill". So far, no claim has ever reached this layer.
(17) The qualification "up to around" EUR 3,9 billion (USD 4,25 billion) for the ceiling set to the overspill needs to be explained: this ceiling is not a fixed figure. If an overspill claim arises, each Member will have to contribute up to 2,5 % of the maximum liability that it would have to face according to Article 6(1)(b) of the International Convention on Limitation of Liability for Maritime Claims of 1976 (Clause 14.2 of the Pooling Agreement). The Article sets a series of maximum amounts to be faced by a ship owner for any single catastrophe based on the tonnage of the ship concerned(5). The EUR 3,9 billion (USD 4,25 billion) figure is arrived at by adding the 2,5 % of the maximum liability figures for each of the ships insured by P & I Clubs participating in the Pooling Agreement.
(18) At the retention layer, as has been said, the totality of the claim is borne by the club whose Member has incurred the liability. In each of the other layers, the claims are shared between the clubs according to different rules:
(a) Between EUR 4,57 million (USD 5 million) up to EUR 27,42 million (USD 30 million). The claims are shared according to the percentage of each club in claims, tonnage and total calls. Each one of these three factors accounts for one-third of the final percentage (this is why this method is called the one-third formula). There are, however, two qualifications to this formula. First, there is a loss ratio adjustment that takes into account whether in the past the club in question has been receiving more or less in contributions than it has effectively contributed to other members. Secondly, between EUR 18,3 million (USD 20 million) up to EUR 27,42 million (USD 30 million), the club incurring the claim receives a 20 % penalty (Clause 10.1 and Appendix VI of the Pooling Agreement).
(b) The cost of the Group General Excess Loss Reinsurance Contract is shared between clubs according to the tonnage insured by each club. However, the rate to be paid per tonne depends on the type of vessel. Vessels that in the past have produced claims reaching this level have higher rates per ton. In fact, tankers have produced around 80 % of the claims that have reached this level and, therefore, their rates per ton are much higher.
(c) An overspill claim would be apportioned among all the clubs in the proportion which the club limit of each of the clubs bears to the aggregate of all the club limits, which is calculated according to the method explained before (see recital 17).
(19) It should be noted that in any event in the case of "Overspill" claims, each club is entitled to deduct from its contribution the amounts not "economically recoverable" from its members (Clause 14.3 of the Pooling Agreement). A panel of experts will determine the amounts not "economically recoverable" in case of disagreement between the Clubs (Clause 15 of the Pooling Agreement). This clause limits the exposure of the clubs to a claim, and prevents clubs from paying sums that they could never collect in full.
4.1.2. The minimum common level of cover
(20) As explained above (see point 16), all members of the P & I Clubs who participate in the pooling agreement are obliged to share claims up to mound EUR 3,9 billion (USD 4,25 billion).
(21) Before 20 February 1998, this figure was set at around EUR 16,5 billion (USD 18 billion) (20 % of the maximum liability according to the International Convention on Limitation of Liability for Maritime Claims of 1976). In the Statement of Objections the Commission considered that this high minimum level of cover was contrary to Article 85 because it impeded clubs from competing by offering levels of cover lower than around EUR 16.5 billion (USD 18 billion), for which substantial demand existed. It also considered this agreement on a high common level of cover as an abuse pursuant to Article 86 of the collective dominant position held by the P & I Clubs, consisting in limiting the range of insurance cover available in the market to the prejudice of consumers.
(22) In reaction to the Statement of Objections, the IG Clubs agreed to lower the minimum common level of cover from around EUR 16,5 billion (USD 18 billion) to EUR 3,9 billion (USD 4,25 billion).
(23) The IG has also notified an amendment to the Pooling Agreement which makes it clear that the P & I Clubs are free outside the Pooling Agreement to offer higher levels of cover than the minimum common level and, therefore, to compete between themselves in providing such levels (amendment to Clause 5 of Appendix III of the Pooling Agreement). They are also free outside the Pooling Agreement to offer lower levels individually.
4.1.3. Club rules approval
(24) The Pooling Agreement also includes some clauses that do not concern the method of sharing claims between P & I Clubs but are nevertheless directly related to it. The insurance policy conditions ("rules") of each club are subject to the approval of the other members of the Pooling Agreement (Clause 16 of the Pooling Agreement). At present, three-quarters of the P & I Clubs can decide to withhold the benefits of the Pool from any P & I Club whose rules and accounting practices are not approved by them.
4.1.4. Re-insurance provisions
(25) The Pooling Agreement also includes the provisions that should be followed by any club that wants to provide re-insurance to a third insurer, be it a mutual insurer or a commercial one.
(26) It originally included only objective conditions to be fulfilled by mutual insurers to which a P & I Club would provide re-insurance. No conditions were included for commercial insurers. This could have allowed the IG to discriminate between commercial insurers, by providing re-insurance to only some of them. In addition, the Pooling Agreement did not include any procedural rule to ensure that P & I clubs would comply with the objective conditions set forth for mutual insurers. Therefore, in the Statement of Objections the Commission had considered that there was a lack of objective criteria and appropriate procedures within the Pooling Agreement governing the possibility for a Club to provide re-insurance to a third insurer. This constituted an infringement of Article 86 of the Treaty.
(27) The IG has notified amendments to the relevant provisions (amendments to Appendix X of the Pooling Agreement). The amendments provide that any Club that wants to provide re-insurance to a third insurer will need to submit an application to the IG. The parties to the Pooling Agreement will have to decide whether the third insurer satisfies several conditions. Some of these conditions are general and some apply particularly to mutual or commercial insurers. As regards the general ones the insurer should be financially sound, the P & I cover offered by it should be similar to that offered by the IG Clubs, and it should make an equitable contribution to pool claims and to the Excess Loss Contract premiums. In addition to this, if the insurer is a mutual one (not favcured by laws in its country restricting freedom of choice of insurer for owners or vessels of that country), it should operate on a genuinely mutual non-profit making basis, its experience and policies with regard to claimshandling should be compatible with those of the P & I Clubs and it should abide by the terms of the IGA. If it is a commercial insurer (favoured by laws in its country restricting freedom of choice of insurer for owners or vessels of that country), the re-insuring Club will have to be responsible for claimshandling and for the rating on a mutual basis of shipowners on behalf of the insurer.
(28) As to the procedure, a subcommittee of the IG will have to make a recommendation on the application within 30 days of receipt of all the relevant information (this period may be extended by a further 30 days during the renewal period). The clubs will then vote on the basis of the recommendation. If the decision is negative, the insurer who is refused re-insurance should be given a written notice to that effect within 10 days of the vote being taken, such notice stating the reasons for the refusal. The insurer will have the right to appeal against any such refusal. The appeal will be considered by three arbitrators, who will decide whether the clubs have applied the conditions listed above in a reasonable manner. The parties will designate one arbitrator each within 14 days of the request for arbitration being submitted, and the third, to be designated by the two others within 10 days of their appointment, must be a senior lawyer experienced in commercial and insurance matters. The arbitrators will determine their own procedures and will act with due expedition. They have to give their decision in writing, stating their reasons. Their decision has a binding character.
4.2. The International Group Agreement (IGA)
(29) Originally, the IGA was a Gentlemen's Agreement reached between the clubs to establish some rules on the methods for offering P & I cover to a shipowner who was already a member of another club. At the beginning of the 1980s it became a written agreement between all the members of the International Group. It establishes rules to be followed by the parties to the Pooling Agreement. Its main features are described in points 30 to 40.
4.2.1. The quotation procedures
(30) The IGA limits the freedom of the P & I Clubs to quote a rate to shipowners for vessels insured by other clubs in order to attract them. The rate is the contribution that a vessel makes to the different elements of the costs of claims borne by the P & I Club which insures it, namely cost of claims to be faced by the club under the retention level, cost of claims to be shared with other Clubs through the Pooling Agreement; cost of re-insurance and, in some cases, a specific charge for the club's administrative costs. This contribution is estimated at the beginning of the policy year and is normally paid in instalments: at the beginning of a policy year a shipowner pays for each vessel an initial share (advance call). The shipowner will have to pay further contributions (supplementary calls) at a later stage (typically; three years later) when its club's total liabilities, administrative costs and investment income for that year are known.
(31) The IGA prescribes that when quoting to insure a vessel from the following 20 February (the policy year starts on 20 February and therefore all movements from one club to another become effective on that date) no club can quote a lower rate than the one quoted by the club presently insuring the vessels in question (the "holding club") unless an expert committee convened by the new club considers the holding club's rate unreasonably high. The committee is composed of three members: one for each club directly concerned and an independent expert appointed by the IG.
(32) A new procedure was introduced at the Commission's request in 1985: a club (the "new club") can quote a lower rate than the one offered by the "holding club" if it has reached a binding agreement with the shipowner before 30 September and the new club has notified the holding club within three days. If the holding club considers that the new club's rate is unreasonably low, it can appeal to an expert committee.
(33) The Statement of Objections issued on 2 June 1997 maintained that these procedures were contrary to Article 85 of the Treaty because they prevented the P & I Clubs from competing in relation to the rates quoted and were not indispensable for the proper functioning of the Pooling Agreement. It appeared that the new procedure introduced in 1985 had not increased competition satisfactorily. Indeed, in the early years several requests for quotations for vessels were made in September. Nevertheless, in only one case was the procedure effectively used to move from one club to another. In most recent years the procedure has been completely abandoned(6).
(34) The IG has now notified an amendment to the quotation procedures which reduces their scope. From 20 February 1999, the quotation procedures for the following policy year will no longer apply to all the elements of the cost borne by a P & I Club as they do at present, but will be limited to the costs of claims and re-insurance. This means that the club's internal administrative costs will be outside the quotation procedures.
(35) Under the amended quotation procedures, clubs will remain free either to charge specifically for their administrative costs by including them as a distinct cost element in the rate quoted at the beginning of the year, or to finance them out of their investment income. In the latter case, clubs' administrative costs will be taken into account when their supplementary calls are set. In either case the IGA quotation procedures will apply to the rate, exclusive of any element for internal administrative costs. In the first case, the amended quotation procedures will enable a new club with lower administrative costs to offer a lower rate, with an immediate effect on the level of advance call payable by the shipowner. In the second case, where the new club does not include in its rate a specific element for administrative costs, the amended auotation procedures will still be of benefit to shipowners because, by changing clubs, they will be able to benefit from any decrease in administrative costs that they expect the new club to enjoy in respect of the policy year in which they move. The IG expects that, in most cases, the latter situation will be the practical effect of the change in the quotation procedures, because most clubs will in future choose to quote a rate that does not include a specific element for administrative costs.
(36) The amended quotation procedures will be supplemented by provisions aimed at increasing the transparency of the level of administrative costs for each P & I Club. Clubs will calculate yearly a five-year Average Expense Ratio which expresses the percentage that administrative costs represent of premium income plus investment income. This ratio will be included in the published accounts of each club and will be provided whenever a club quotes a rate on a vessel insured by another club both by the new club and the holding club.
(37) In calculating the average expense ratio, administrative costs and investment income will be defined in accordance with applicable Community accounting Directives, in particular with Council Directive 91/674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings(7). Administrative costs means all expenditure incurred in operating a club (except expenditure incurred in dealing with claims and potential claims) and includes commissions, brokerage, other acquisition expenses and depreciation. Investment income means all capital and currency gains and losses, whether realised or not, earned during the financial year, less the related expenditure.
4.2.2. Quotations for tankers
(38) The IGA includes special rules for quotations for tankers. First, the IG recommends annually a reasonable minimum provision in respect of claims from tankers to be shared under the Pooling Agreement. Secondly, the IGA prescribes explicitly that quotations for tankers shall make fair and adequate provision for all relevant elements of cost (Clause 6(2)) and sets up a procedure which enables clubs to refer to an expert committee the acceptance of insurance of a tanker by any other club. In these cases, the committee will be entitled to decide whether the club insuring the tanker has made fair and adequate provision of all the elements of cost (Clause 12(4)). This referral to the expert committee has taken place only once since 1985.
(39) The IG has now notified an amendment to ensure the consistency of this rule with the amendments, proposed earlier, to the quotation procedures. From the beginning of the next business year, the IGA will prescribe that quotations for tankers must make fair and adequate provision for all relevant elements of cost other than internal administrative costs.
4.2.3. Release calls
(40) When a shipowner leaves his club he is obliged to cover a share of the liabilities incurred by this club during the years in which he was a member, even if, at the moment of leaving, these liabilities are still undetermined. Since 1985, the IGA has allowed the shipowner to choose between two options: to provide a bank guarantee or to pay a release call fixed by the club. If he considers this call unreasonably high, he can appeal to an expert committee, composed as explained above (see recital 31).
5. THE PROCEDURE
(41) The IG of P & I Clubs submitted a notification of some of its arrangements to the Commission in June 1981. Only the IGA and some agreements ancillary to the Pooling Agreement, such as the re-insurance agreements (now included in Appendix X of the Pooling Agreement, see recital 25) were covered by it. The Pooling Agreement itself was not formally notified.
(42) After a preliminary examination, the Commission concluded that the IGA contained a number of clauses that could not be exempted pursuant to Article 85(3). On February 1983 it therefore opened proceedings and sent the applicants a Statement of Objections prior to a decision pursuant to Article 15(6) of Regulation No 17 to withdraw the benefit of the exemption from fines. In December 1983, the Union of Greek Shipowners and the Greek Shipping Cooperation Committee (GSCC) entered the procedure, lodging a formal complaint against the IGA.
(43) In July 1984 the Commission issued a Statement of Objections on the substance of the case, holding that some of the provisions of the IGA infringed Article 85(1) and did not satisfy the conditions for exemption contained in Article 85(3). After substantial modifications (for instance, the introduction of the 30 September procedure), a new IGA was adopted, which came into force in February 1985. This new agreement was notified and an exemption for 10 years was granted by Commission Decision 85/615/EEC(8).
(44) The IG of P & I Clubs requested a renewal of that exemption in February 1995. For the investigation of this case a notice was published in the Official Journal of the European Communities in July 1995(9), inviting interested third parties to submit their observations. Some concerns were raised by the GSCC, which in December 1995 decided to transform its comments into a formal complaint. At a later date comments were also received from the Union of Greek Shipowners (UGS) and Ocean Marine, an independent P & I mutual.
(45) On 2 June 1997 the Commission addressed a Statement of Objections to the IG, ruling that both the Pooling Agreement and the IGA were contrary to the Community competition rules. The IG replied on 14 September 1997 and an oral hearing was held on 27 April 1998. In addition to the IG, the GSCC, the UGS and Ocean Marine intervened.
(46) On 7 July 1998 the IG formally notified the Pooling Agreement, amended as a result of negotiations with the Commission. On 14 August 1998 the Commission published a notice pursuant to Article 19(3) of Regulation No 17, which indicated that it intended to adopt a favourable position towards the notified Pooling Agreement.
(47) On 24 September 1998 the IG formally advised the Commission that it intended to notify a number of amendments to be introduced into the International Group Agreement. In view of this, on 21 October 1998 the Commission published a notice pursuant to Article 19(3) of Regulation No 17 concerning the amended IGA. At that same date, the IG notified the amendments to the IGA.
(48) It should be noted that the European Parliament has shown considerable interest in the present case. On 22 January 1996 MEP Bryan Cassidy introduced three written questions(10). MEP Karl von Wogau asked an oral question (O-0053/96) in a session on 15 March 1996(11) and finally, even a resolution was adopted on 27 March 1996(12) stating that a USD 20 billion catastrophe "would put at risk the P & I Clubs themselves" and urging the Commission "to study various solutions to this problem which must fully respect the polluter-pays principle" as well as "to consider the question of Article 85 exemption in the light of the conclusions of this study". Finally, MEP Cassidy introduced another written question in January 1998 (E-0213/98)(13) and an oral question (No 077) was asked in the session of 11 May 1998 by MEP Florus Wijsenbeek (H-0410/98).
(B) LEGAL ASSESSMENT
1. ARTICLE 85
(49) Under Article 85(1) of the Treaty any agreement between undertakings which has as its object or effect the restriction of competition within the common market is prohibited in so far as it may affect trade between Member States. These agreements may, nevertheless, be exempted if they satisfy several conditions set out in Article 85(3).
1.1. Agreement between undertakings
(50) The Pooling Agreement and the IGA are agreements between the P & I Clubs. These must be considered non-profit-making undertakings performing an economic activity. In fact, they compete between themselves as well as with other mutuals and profit-making insurers in some segments of the P & I insurance business.
(51) The Court of Justice has already held in its FEDETAB judgment(14) of 29 October 1980 that non-profit-making entities engaged in economic activities may be considered as undertakings within the meaning of Article 85(1) (Joined Cases 209 to 215 and 218/75 Van Landewyck v. Commission, at paragraph 88).
1.2 Market definition
(52) Any restriction of competition within the meaning of Article 85(1) of the Treaty should be assessed in the context of a relevant market. The relevant markets for the assessment of this case, from a product as well as from a geographical point of view, are defined below.
1.2.1. Product market
Demand side analysis
(53) From the demand side, direct marine insurance can be clearly divided into two different product markets: hull and P & I insurance. They cover different needs and have traditionally been considered separately by shipowners: the latter obtain hull insurance from commercial insurers but create mutual associations in order to share their P & I risks. Maritime hull insurance has already been considered a separate market by Commission Decision 93/3/EEC (Lloyd's Underwriters' Association and the Institute of London Underwriters)(15).
(54) P & I insurance, also seen from the demand side, could be theoretically divided into very specific segments, according to the type of vessels insured (tankers, fishing-vessels, dry-cargoes, etc.), the type of cover (property damage, pollution, crew injury, etc.) or even the level of this cover (unlimited, limited to a certain level, etc.). In fact, non-standardised insurance, like this one, is a tailor-made product adapted to the characteristics of the insured.
(55) Direct hull and P & I insurance must be distinguished from marine re-insurance. The demand for each type of insurance is different: in the first two cases the demand comes from shipowners while in the third one comes from professional insurers. Marine re-insurance is normally provided by specialist re-insurers. In some cases, however, it can also be provided by P & I insurers. In fact, the P & I Clubs offer re-insurance to small independent P & I mutuals.
Supply-side analysis
(56) From the supply side it should first be analysed whether the conditions on which P & I insurance is offered are similar to those for other types of insurance and whether, therefore, other insurers could start to provide P & I insurance at short notice. If this were the case, the product market should be widened to include those other types of insurer. Regulatory barriers to entering the P & I market for firms already providing non-life insurance are not significant. However, two other types of barrier are more relevant.
(57) First, P & I insurance requires some features that other insurance companies cannot develop in a short period of time. These features basically are technical knowledge on P & I risks and large networks of representatives in the most important world harbours that may solve efficiently P & I claims and a sophisticated claims handling unit.
(58) Secondly, and much more importantly, there are very large economies of scale in the provision of high levels of P & I insurance. In general, insurance is always a matter of scale. In order to be able to provide insurance for a specific type of risk, an insurer must cover a minimum number of units. This minimum number of units will allow it to have a spread of risks large enough to reduce the volatility of claims - that is, to ensure that claims will follow a regular pattern (which can normally be established from the observation of the past). In other words, if it insures this minimum number of units, there will be a high probability that it will not face unforeseen claims, because the frequency and intensity of the claims received will reproduce past patterns.
Normally, the minimum dimension is relatively higher for catastrophic risks (i.e. risks which have a large intensity but a low frequency) than for normal ones.
(59) In the field of P & I insurance, the minimum scale required to offer cover is high in relation to the whole market dimension. In other words, economies of scale represent important barriers to entry. Indeed, to reach the minimum scale any insurer would have to face important costs that could not be recovered if the entry were to fail (sunk costs). Once it had entered the market, an insurer would be obliged to satisfy all the claims derived from the policies it had underwritten. The sunk costs would equal the difference between the premiums received, which would be calculated according to past patterns, and the claims satisfied. If the minimum scale is not reached (if entry fails), this difference may be very significant because claims would be very volatile (that is, estimated patterns would not be reproduced). This general proposition about economies of scale in P & I insurance remains valid even though obviously these economies decrease when the level of cover offered diminishes.
(60) The combination of these two barriers restrain most non-life insurance companies as well as specialist re-insurers from operating in the P & I insurance markets. Marine hull insurers, however, can probably develop their expertise and claims facilities in order to cover P & I risks more easily than other types of insurer. For lower levels of P & I cover, where economies of scale are small, they could operate in the market. In fact, as has been explained, a minority of them provide P & I insurance up to around EUR 459 million (USD 500 million).
(61) With regard to the market of re-insurance to P & I direct insurers, economies of scale are the main barrier to entry. Regulatory or technical barriers do not play a significant role. In consequence, not only are the P & I Clubs able to provide re-insurance to other P & I insurers, but also marine re-insurers which are able to reach a mirimum dimension can provide it. In practice, marine re-insurers provide re-insurance for low levels of cover to independent P & I mutuals as well as re-insurance to the P & I Clubs up to EUR 1,8 billion (USD 2 billion). Re-insurance for higher levels of cover can only be provided at present by the P & I Clubs.
1.2.2. Geographic market
(62) The market for contractual and third party maritime damages insurance has a worldwide scope. Shipowners generally ensure that their fleets are placed on the best possible terms to be offered by any P & I Club, no matter where this club is located. At present, the International Group of P & I Clubs as well as most of the small P & I independent insurers cover vessels registered around the world. The market for P & I re-insurance has also a worldwide scope.
1.2.3. Conclusion
(63) It can be concluded that P & I insurance represents a single worldwide product market. Its substitutability by other marine insurance products, from the demand as well as from the supply point of view, is weak. There is only a limited degree of supply side substitutability with marine hull insurers in relation to low levels of P & I insurance (up to EUR 459 million (USD 500 million)), where independent P & I mutuals or commercial insurers are also able to operate.
(64) With regard to P & I re-insurance, a distinction must be made according to the level of cover offered. Up to around USD 2 billion, P & I re-insurance can be considered as part of the wider worldwide market of marine re-insurance. Nevertheless, for higher levels marine re-insurers do not reach at present the minimum dimension necessary to offer P & I re-insurance and, in consequence, P & I re-insurance for levels higher than around EUR 1,8 billion (USD 2 billion) should be considered a distinct market.
1.3. Restriction of competition
1.3.1. The Pooling Agreement
(65) A claim-sharing agreement such as the Pooling Agreement entails an agreement between the parties on a number of aspects of their insurance activity. Indeed, it is inherent in any claim-sharing agreement that its members decide in common at least the policy conditions and the level of cover offered. Such agreement prevents them from offering different insurance products through the claim-sharing agreement.
(66) Such an agreement cannot be considered anti-competitive, at least when the claim sharing is necessary to allow its members to provide a type of insurance that they could not provide alone. Indeed, there cannot be a restriction of competition when the members of the pool are not actual or potential competitors, because they are unable to insure alone the risks covered by the pool. If anything, such claim sharing indeed strengthens competition since it allows several insurers which are not able to provide such cover to put their resources in common and create a new player.
(67) To the extent that the claim sharing does not violate Article 85(1), the restrictions imposed on the parties to the claim-sharing agreement which are indispensable to the proper functioning of that claim sharing are not covered by Article 85(1). They must be considered ancillary to, or inherent in, the claim sharing (see for instance the judgment of the Court of 15 December 1994 in Case C-250/92, Gøttrup-Klim v. Dansk Landbrugs Grovvareselskab(16), where the restrictions necessary for the proper functioning of a cooperative were considered not to be covered by Article 85(1)).
1.3.1.1. Indispensability of claim sharing within the IG of P & I Clubs
(68) It is analysed below whether claim sharing within the IG of P & I Clubs, which covers around 89 % of the worldwide vessel tonnage, is necessary to allow the P & I Clubs to provide P & I insurance up to EUR 3,9 billion (USD 4,25 billion), as they do at present. The conclusion will be that the IG's claim-sharing arrangements are indeed necessary to offer the present level of cover, because the minimum dimension required to offer such a cover can only be attained by insuring more than 50 % of worldwide tonnage. Therefore, there is no room for a second viable supplier of such cover.
(69) As explained above (see recitals 58 and 59), insurance normally presents economies of scale. A minimum number of units must be insured to offer insurance for a specific type of risk. This minimum number of units can be reached either by a single insurer or by different insurers who agree to insure some type of risks in common. This is the case of co-insurance or co-reinsurance pools between commercial insurers but also of claim-sharing agreements between mutuals such as the one at issue in this case.
(70) Normally, the minimum dimension necessary to provide a specific type of insurance can be directly estimated by analysing the market shares held by the insurers effectively providing alone this type of insurance. In the P & I insurance market, as has already been explained (see recitals 11 to 13), there are very few insurers not taking part in the IG. Moreover, these independent insurers (of whom Ocean Marine, with a market share of around 2 % of the market is the largest) provide relatively low levels of P & I cover, normally up to EUR 459 million (USD 500 million). Consequently, they do not constitute a useful element of comparison in determining the minimum dimension necessary to provide P & I cover up to around EUR 3,9 billion (USD 4,25 billion).
(71) In cases when the minimum dimension to provide one specific level of insurance cannot be directly estimated because there are no insurers offering this insurance independently, indirect methods must be used. The minimum dimension could be indirectly estimated by analysing the availability of re-insurance to insurers holding different market shares. Indeed, the maximum level of re-insurance available to a P & I Club will normally determine the maximum level of cover that this club is able to offer independently.
(72) With regard to the maximum level of re-insurance available to independent P & I insurers, information was requested from leading London maritime brokers as well as from the main IG re-insurers. All their replies coincided in indicating that 30 % of worldwide tonnage would be enough to obtain re-insurance of up to EUR 1,38 billion (USD 1,5 billion), 45 % to EUR 1,8 billion (USD 2 billion) but that more than 50 % is required for amounts higher than EUR 2,75 billion (USD 3 billion) and thus there is only room for one market player offering such a cover. This indicates that, at present, the claim sharing among P & I Clubs is, as such, pro-competitive.
(73) It could theoretically be argued that re-insurance should be available for higher levels of cover in relation to vessels bearing lower risks. In this connection, brokers and re-insurers were requested to determine the maximum re-insurance available to a hypothetical club not insuring tankers or passenger vessels, which are the two types of vessels which have produced larger claims in the past. According to the replies received, the limits of re-insurance available to such a hypothetical club are the same as those valid for clubs including all types of vessels.
(74) In view of the evidence described in recitals 72 and 73, it must be concluded that the IG's claim-sharing arrangement is the only available alternative to provide cover up to around EUR 3,9 billion (USD 4,25 billion). It is therefore beyond all doubt that all the restrictions indispensable to the proper functioning of the claim-sharing agreement (inherent restrictions) must be considered compatible with Article 85(1) of the EC Treaty.
1.3.1.2. Restrictions inherent in the Pooling Agreement
1.3.1.2.1. The minimum common level of cover
(75) Both the GSCC's complaint and the Statement of Objections considered that the clause of the previous version of the Pooling Agreement that provided for a single level of cover to be offered by all clubs (up to EUR 16,5 billion (USD 18 billion) was not indispensable to the proper functioning of the Pooling Agreement and restrictive of competition. Indeed, it prevented Clubs from offering to shipowners different levels of cover. In other words, it prevented individual shipowners from negotiating the level of cover which they actually wanted or needed, given the nature of the risk which their fleet represented.
(76) At present, the Pooling Agreement has been amended to clarify that the P & I Clubs are free to offer levels of cover higher than the level commonly agreed, around EUR 3,9 billion (USD 4,25 billion). The amended version of the Pooling Agreement, therefore, no longer provides for a single level of cover but merely for a minimum level of cover to be offered in common by all the parties to the agreement. Accordingly, Clubs are not impeded any longer from offering higher levels of cover. Nor are they impeded from offering lower levels of cover individually.
(77) Actually, a claim-sharing arrangement cannot function properly without at least one level of cover to be offered being agreed by all its members. The reason is that no member would be willing to share claims brought to the pool by other clubs of a higher amount than the ones it can bring to the pool. This can happen in a commercial pool because all members pay pure premiums to the pool, and those vary on the level of cover provided. In a claim-sharing agreement between mutuals which do not charge premiums, however, there is no workable method available to force the members which would bring larger claims to compensate the others.
(78) This does not mean that the IG member clubs have deprived themselves of the possibility of offering collectively, other levels of cover. All members, or only those wishing to share claims at higher levels, could conclude additional special agreements to offer higher cover in addition to agreeing on the lowest level of cover to be provided through the claim-sharing arrangement. The Statement of Objections referred to documentary evidence that showed that the IG had discussed the feasibility of several of these systems in the past. In addition to this evidence, in their replies to requests for information, several P & I Clubs acknowledged the technical feasibility of implementing such systems.
(79) It must be concluded that the clause providing for a common level of cover does not include a restriction of competition within the meaning of Article 85(1). Indeed, Clubs have only agreed to offer a minimum level of cover through their claim-sharing agreement, which is a necessary agreement for the functioning of such a system. They remain free to offer, either on their own or together with other Clubs, any level of cover that they consider appropriate.
1.3.1.2.2. Common approval of rules and accounting practices
(80) The Pooling Agreement includes a clause providing that the rules applicable to insurance policies of each Club, are subject to the approval of three-quarters of the members of the Pooling Agreement. This clause impedes P & I Clubs from offering different policy conditions through the claim-sharing agreement.
(81) Nevertheless, like any coinsurance or co-reinsurance pool, a claim-sharing agreement can only function properly if all members agree on the conditions that each of them includes in its policies. Indeed, no member should be forced to contribute to the provision of insurance cover under policy conditions that it has not agreed. Therefore, the clause of the Pooling Agreement stipulating that insurance policies ("rules") of each Club are subject to approval of the other members of the pool can be regarded as necessary for the functioning of the IG's claim-sharing arrangements.
1.3.1.2.3. The joint purchase of re-insurance
(82) As explained above (see point 16), the excess of any claim over EUR 27,4 million (USD 30 million) up to EUR 1,8 billion (USD 2 billion) is covered by the Group General Excess Loss Reinsurance Contract. This re-insurance contract is agreed collectively by the clubs with commercial insurers pursuant to Clause 12 of the Pooling Agreement. This represents an agreement of joint purchasing of re-insurance.
(83) Common purchase of supplies could be considered contrary to Article 85(1). In Decision 80/917/EEC (National Sulphuric Acid Association)(17), the Commission found that a joint buying pool for the purchase of sulphur, set up by an association grouping all manufacturers of sulphuric acid in the United Kingdom, was restrictive of competition. In that case the joint purchasing agreement was exempted, inter alia, because it ensured a steady supply of sulphur in times of shortages and because the members of the pool were not obliged to purchase their full requirements of sulphur through the pool.
(84) The joint purchase of re-insurance is normally not inherent in the functioning of a claim-sharing agreement because each member of such an agreement could independently re-insure its own share of the claims. Nevertheless, in this particular case it has been proved (see recitals 72 to 74) that without joint purchase most of the P & I Clubs would not have been able to obtain re-insurance up to the level obtained at present. Indeed, a minimum dimension of more than 50 % of the worldwide tonnage is required before such a cover can be offered, and the largest P & I Club, at present, only covers 16,34 % of it (see recital 10). It should be concluded, then, that the joint purchase of re-insurance is necessary for the IG to offer cover at the present conditions. It does not fall, therefore, under the prohibition of Article 85(1).
1.3.2. The International Group Agreement
1.3.2.1. Rules related to release calls
(85) The methods of calculation of release calls, as was stated in point 27 of Decision 85/615/EEC, "do not in themselves give rise to clear-cut restrictions (...) but could be used to reinforce restrictions on transfers between clubs. These rules could indeed be used to further restrict the ability of an operator to avail himself of the opportunity of seeking better rates offered by another club. The level of a release call claimed by the holding club in the event of a withdrawal could in fact constitute a deterrent to transfers between one club and another".
(86) In any event, rules relating to release calls are inherent in the proper functioning of the Pooling Agreement. Indeed, they are needed to prevent a shipowner who has left a club to avoid paying the sums that he still owes to his former club to cover the liabilities incurred during his membership but not settled at the time of withdrawal. These rules are not disproportionate to this objective: they only require a bank guarantee (an actual payment is not needed until the liabilities are determined) and there is always the right to challenge the amount of the release call before an independent expert committee.
1.3.2.2. Rules for making quotations for vessels
(87) The procedures for making quotations for vessels restrict the freedom of the P & I Clubs to compete on the rates to be quoted to vessels joining them. Before the IGA was amended they restricted Clubs to determining the full extent of the rate. After the amendments are introduced to the IGA, clubs will be free to quote the part of the rate covering the administrative costs, but they will still be restricted to determining he remaining elements of the rate. Indeed, the 20 February procedure impedes any P & I Club from offering a lower quotation than the holding club for the elements of the rate other than the administrative costs, unless an expert committee considers the holding club's quotation for such elements of the rate to be unreasonably high.
(88) The elements of the rate for which club's quotations are restricted are those that reflect the costs of the claims that will have to be paid by the clubs. Indeed, the quotation procedures apply both to the costs of claims which are shared between Clubs (namely claims between EUR 4,57 million (USD 5 million) and EUR 27,4 million (USD 30 million), plus the re-insurance) and to costs which are supported individually by each Club (claims up to EUR 4,57 million (USD 5 million); the so-called retention level).
1.3.2.2.1. Inherence of the restriction
(89) Any claim-sharing agreement requires some degree of discipline between the participants in that agreement on the rates corresponding to the costs that they share. No club would be ready to share claims with another club that would be offering a lower rate for covering these same claims. No customer would remain with the first club because it would know that it could obtain from the second club exactly the same cover, covered also by all the P & I Clubs, but for a lower rate.
(90) In this case, the P & I Clubs share claims from EUR 4,57 million (USD 5 million) to EUR 27,4 million (USD 30 million), they purchase together re-insurance to face higher claims, up to EUR 1,8 billion (USD 2 billion), and should an even higher claim arise (overspill claim) they would share it up to EUR 3,9 billion (USD 4,25 billion). It appears necessary that they agree on a degree of discipline for setting the rates that correspond to these costs. This discipline is achieved through the quotation procedures and, for tankers, also through the recommendation on the costs of the claims to be shared under the pool.
(91) These rules are not disproportionate to the objectives they try to achieve. Indeed, the quotation procedures leave to the holding club the task of setting the appropriate rate, and merely aim at ensuring that club's quotation of the costs of claims will not be undercut by another club sharing claims with it. Only for tankers does the IG go one step further by recommending annually a non-binding rate for the costs of the claims to be shared under the Pooling Agreement. This particular rule can be explained by the specific characteristics of tanker risks (they are normally of a catastrophic nature, tending to occur rarely but involving very large liabilities when they do occur).
(92) The amended quotation procedures, however, also apply to some costs which are not shared between the clubs, the retention costs, (meaning the costs of the claims up to EUR 4,57 million (USD 5 million)). For these costs the quotation procedures go beyond what is strictly necessary for keeping the claim-sharing arrangement in place. Indeed, for non-shared costs there is no need to ensure that clubs do not undercut each other. Clubs which could achieve a reduction of these costs below the level of their competitor's costs should be able to charge lower rates. Price competition on the retention cost component of the rates is not liable to endanger the claim-sharing arrangement.
(93) It can be concluded, therefore, that the quotation procedures, in so far as they extend to the element of the rate reflecting the claims falling under the retention, are not inherent in the claim-sharing arrangement.
1.3.2.2.2. Appreciability of the restriction
(94) Taking into account the fact that the P & I Clubs account for around 89 % of the worldwide market for P & I insurance and that there is very limited competition coming from outside the system, any restriction on rate competition between clubs has an appreciable impact in the world wide market for P & I insurance.
(95) After the amendment to the IGA, price competition will be possible in relation to that part of the rate corresponding to the administration costs. This does not mean, however, that a restriction on the elements of the rate reflecting the cost of claims falling under the retention does not have an appreciable impact on competition between the clubs. Indeed, the retention claims represent 82 % in value and 99 % in number of all claims supported by the IG (see recital 16).
(96) It is true that the restriction only lasts for a year. Indeed, the year after a shipowner has moved to another club, the new club could offer lower rates than the ones it was obliged to offer in the first year. It cannot be inferred from this fact, however, that the restriction is not appreciable. It is at the moment that a shipowner contemplates moving to another club that this club can gain a competitive advantage by quoting a lower rate and has therefore an incentive to do so, not a year later.
(97) Nor can it be argued that the 20 February procedure has no appreciable effect on competition because there is an alternative procedure, the 30 September one, which allows clubs to quote a lower rate than the rate of the holding club. Although this is what the Commission believed in 1985 when the 30 September procedure was adopted, experience has shown since then that this procedure did not have the expected effects. It has indeed only once been used successfully to change from one club to another (see recital 33).
(98) As a matter of fact, it is not surprising that the 30 September procedure has revealed itself not to be an appropriate remedy. There are two reasons for this. First, it can be used only five months before the insurance renewal date. This is simply too early for a club to make an accurate quotation (it is too early, for example, to take into account the level of re-insurance premiums that will prevail at that date). Secondly, if the holding club requests the independent expert committee to investigate whether the rate quoted is unreasonably low and the committee considers that it is indeed too low, the penalty for the club's having quoted the rate is extremely severe: it loses re-insurance from other clubs for the vessel in question for two entire years.
1.3.2.3. Rules on minimum cost for tankers
(99) The IG recommends annually the amount of the provision that clubs should include in their quotations to reflect the cost that claims from tankers would represent for the pool (see recitals 38 and 39). Even if the recommendation is not binding, the IGA enables clubs to refer to a committee any quotation for tankers from another club that they consider not to make adequate provision for all the elements of the cost of claims. If the committee considers that this is the case, the club loses the benefit of the pool for two years. The serious sanction attached to the finding from the committee that a quotation does not make an adequate provision for all the elements of the cost of claims restrains clubs from actually diverging from the recommendation.
(100) As far as the recommendation also covers the retention costs, for the same reasons as those explained above (see recitals 88 to 97) it should be regarded as an appreciable restriction of competition and not inherent in the proper functioning of the Pooling Agreement.
1.3.3. Effects on trade between Member States
(101) The IG's arrangements have appreciable effects on trade between Member States. First, P & I Clubs' members cf the IG are established in more than one Member State as well as in third countries. Secondly, the members of the IG provide insurance to vessels from any Member State as well as from third countries. As it is, almost the entire Community fleet is insured by the IG.
1.3.4. Conclusion: restrictions of competition in the P & I insurance market
(102) In conclusion, both the quotation procedures as well as the recommendation on minimum costs for tankers, as far as they apply to the retention costs, represent restrictions on competition. Those restrictions have an appreciable negative impact in competition in the world wide market of P & I insurance and substantially affect trade between Member States. They fall therefore within the prohibition under pursuant to Article 85(l) of the Treaty.
1.4. Exemption pursuant to Article 85(3)
1.4.1. Applicability of the insurance block-exemption
(103) It has been argued that the Pooling Agreement and the IGA are covered by the definition of co-reinsurance agreements within, the meaning of Article 10(2)(b) of Commission Regulation (EEC) No 3932/92 of 21 December 1992 on the application of Article 85(3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector(18). The Article defines a co-reinsurance group as a group set up by insurance undertakings in order to reinsure mutually all or part of their liabilities in respect of a specified risk category.
(104) In fact, it is not clear from Community case-law whether the insurance block-exemption also covers claim-sharing arrangements between insurance mutuals, but there is no need to resolve this issue in this case, because the IG's arrangements do not fulfil all of the conditions required for coverage by the block exemption. In particular, the market share of its members is substantially higher than the 15 % required.
1.4.2. Individual exemption
(105) Even if the IG's arrangements are not covered by the definition of co-reinsurance group of Regulation (EEC) No 3932/92, an individual exemption can be granted to the provisions of these arrangements which are contrary to Article 85(l), namely the quotation procedures and the rules on minimum cost for tankers, as far as they apply to the retention costs.
1.4.2.1. Promotion of economic progress
(106) As was explained above (see recital 72), to provide P & I insurance up to EUR 3,9 billion (USD 4,25 billion) at present costs, an insurer should cover a market share of more than 50 % in order not to be confronted with excessively volatile claims and to obtain sufficient re-insurance. No insurer alone covers such a large market share and, therefore, pooling risks among several insurers representing together a market share of more than 50 % is the only method available to the industry at present to provide such a cover. The IG's arrangements, therefore, contribute to economic progress by ensuring that P & I insurance cover of up to EUR 3,9 billion (USD 4,25 billion) is available in the market.
(107) The availability of cover up to EUR 3,9 billion (USD 4,25 billion) is of immediate benefit to the shipowner. By providing such a cover, the IG satisfies most of the world wide demand for P & I insurance and allows maritime transport and other maritime activities to continue with an adequate coverage of contract and third party liabilities.
(108) The final customers of the shipowner, be they passengers or goods carriers, also benefit from the provision of such a level of insurance. Indeed, in the absence of the pooling arrangement no insurance for such high levels would be generally available and, were claims of this amount to arise, it is likely that some of these customers would not be able to obtain compensation from the shipowner. The same could apply to any other third person that could suffer from extra-contractual damages produced by a shipowner (such as marine pollution).
1.4.2.2. Indispensability of the restriction
(109) As was explained above (see recitals 88 to 99) in so far as the quotation rules and the rules on a minimum cost for tankers apply to some costs which are not shared between the clubs, in particular to the retention costs, (the costs of the claims up to EUR 4,57 million (USD 5 million)), they are not inherent in the claim-sharing arrangement.
(110) However, in this case the Commission acknowledges that it might be unworkable, or in any event very complex and burdensome, to devise an appropriate method which would ensure that the quotation rules and the rules on a minimum cost for tankers effectively apply only to the costs shared under the Pooling Agreement and not to the retention costs.
(111) Indeed, when a club quotes a rate for a vessel, it makes a global assessment of the risk that this vessel bears. In other words, it assesses the frequency and intensity of the claims that the vessel in question could bring to the club. Should the quotation procedures or the rules on a minimum costs for tankers apply only to the elements of the rate that reflect the shared costs, the club would be obliged artificially to make a separate and different assessment for the possibility that the vessel in question would cause claims below EUR 4,57 million (USD 5 million). As risk assessment is based on subjective parameters (such as vessel safety measures and the training of the crew), it would be easy for a club to manipulate this assessment by decreasing the relative weight of the retention costs and increasing the weight of the shared costs. As the retention costs would remain outside the quotation procedures, the club could, by decreasing the weight of the retention costs, reduce its rate accordingly and use this as a competitive tool to attract customers. As to tankers, as the weight of shared costs would have been artificially increased, the club would be able to adhere at the same time to the recommendation on the minimum cost.
(112) Any policing system designed to avoid these manipulations would need to monitor carefully the risk assessments made by the clubs and, in particular, whether giving more or less weight to the possibility of claims arising below the retention level amounts to an unreasonable quotation. This exercise, in view of the subjectivity involved in risk assessment, would be very complex and time consuming. It would exceed the complexity of the tasks presently entrusted to the independent expert committee, which is only required to check that the risk assessment made by the clubs as a whole is reasonable, but not that each of its elements, independently, is such. Moreover, should the retention remain outside the quotation procedures, the number of controversial quotations and, therefore, of cases brought to the attention of the committee would increase dramatically. It does not appear to be feasible to entrust the existing independent expert committee or any new body created for this purpose with the task of monitoring a large number of controversial and largely subjective quotations in a coherent and expeditious manner.
1.4.2.3. Non-elimination of competition
(113) The quotation procedures and the recommendation on a minimum cost for tankers do not eliminate competition in the market of P & I insurance. Despite the fact that the IG covers 89 %. of the world wide market for P & I insurance, there is competition between the P & I clubs.
(114) Competition among P & I clubs on the elements of the rate reflecting the cost of claims (the elements subject to the quotation procedures) is a very important parameter of competition, but it is not the only one. Clubs remain free to compete on non-price parameters (such as the level of claims-handling service) as well as on the part of the rate which reflects the administrative costs. Indeed, there is scope for reduction of administrative costs and therefore for competition on that part of the rate reflecting them. These reductions can be achieved through economies of scale, efficiency in the administration and pressure on managers to reduce profit margins (it should be remembered that club managers are in most cases independent companies that do work for profit). Should clubs decide not to charge a specific part of the rate for administrative costs but to offset them against investment costs (see recital 35), competition would still play a part, because a reduction of the administrative costs would be reflected in lower supplementary calls for shipowners.
(115) In addition, the incorporation of the transparency rules (see recital 36) in the amended IGA will contribute to an increase in competition in relation to administrative costs. By obliging all clubs to publish a five-year average expense ratio which expresses the percentage that administrative costs represent of premium income plus investment income, they enable shipowners to compare the efficiency of different clubs in relation to the part of the rate which clubs can freely set, and allow them to choose accordingly.
1.4.3. Conclusion
(116) From what has been explained in the foregoing paragraphs, it can be concluded that both the quotation procedures and the recommendation on minimum costs for tankers, as far as they apply to retention costs, are contrary to Article 85(l) of the Treaty but fulfil all the conditions of Article 85(3) and therefore can be the subject of an individual exemption. Indeed, they can be considered necessary to achieve the economic advantages and benefits for consumers brought forward by the Pooling Agreement, and they do not eliminate competition in the P & I insurance market.
(117) However, the quotation procedures and the recommendation on minimum costs for tankers, as far as they apply to retention costs, should only benefit from the exemption as long as the Pooling Agreement remains necessary in order to allow the P & I clubs to reach a minimum scale which enables them to provide a level of cover that they could not provide alone (see recital 72).
The Commission will intervene to revoke the exemption granted by this Decision, pursuant to Article 8(3) of Regulation No 17 if the members of the IG collectively hold a market share larger than twice the minimum scale economically required to provide the level of cover agreed at any moment within the IG. Indeed, in such a case, two market operators could be created and, therefore, the Pooling Agreement would no longer be considered necessary to achieve the minimum scale. It must be made clear that the minimum scale corresponds to the market share necessary to reasonably ensure that cover can be provided at a cost of claims per ton which is similar to the cost of claims per ton incurred by the members of the IG.
2. ARTICLE 86
(118) Under Article 86, any abuse by one or more undertakings of a dominant position within the common market or in a substantial part thereof is prohibited in so far as it may affect trade between Member States.
2.1. Dominant position
(119) The Court of Justice, in its judgment in Case 85/76, Hoffmann-La Roche v. Commission(19), (paragraphs 38 and 39) described a dominant position as: "a position of economic strength enjoyed by an undertaking which enables it to hinder the maintenance of effective competition on the relevant market by allowing it to behave to an appreciable extent independently of its competitors and customers and ultimately of consumers. Such a position does not preclude some competition but enables the undertaking which profits by it, if not to determine, at least to have an appreciable influence on the conditions under which competition will develop, and in any case to act largely in disregard of it so long as such conduct does not act to its detriment".
(120) This dominant position can be held by a single company or by a group of them. The Court of First Instance defined a collective dominant position as "two or more independent economic entities being, on a specific market, united by such economic links that, by virtue of that fact, together they hold a dominant position vis-à-vis the other operators on the same market" (judgment in Joined Cases T-68/89, T-77/89 and T-78/89, Società Italian Vetro v. Commission)(20). This was recently repeated by that Court in its judgment of 8 October 1996 in Joined Cases T-24/93, T-25/93, T-26/93, and T-28/93 (Compagnie Maritime Belge v. Commission(21), which upheld Commission Decision 93/82/EEC (Cewal)(22) finding the existence of collective dominant positions in the case of shipping conferences: it had already found this in Decision 92/262/EEC (French-West African Shipowners' Committees)(23).
(121) The P & I Clubs which are members of the IG are independent entities united by strong economic links and that, by virtue of that fact, hold together a dominant position on the world market for P & I direct insurance as well as in the world market for P & I re-insurance for levels higher than around EUR 1,8 billion (USD 2 billion) (see recitals 52 to 64 for a description of the relevant market).
(122) The P & I Clubs' members of the IG have concluded a claim-sharing arrangement that creates strong economic links between them: they share the claims brought by their members up to a certain level, follow specific common procedures to offer insurance to members of other P & I Clubs, purchase re-insurance in common, agree on insurance conditions to be provided to their members, and cooperate in many other aspects of P & I insurance. Moreover, by agreeing to have common insurance conditions, and particularly to offer a single level of cover, they adopt a uniform line of action in the market.
(123) This collective position held by the IG of P & I Clubs is clearly dominant. According to the Court of Justice (judgment in Case C-62/86, AKZO Chemie BV v. Commission(24), at paragraph 60 and Hoffmann-La Roche, at paragraph 41 ): "although the importance of the market shares may vary from one market to another, the view may legitimately be taken that very large market shares are in themselves, and save in exceptional circumstances, evidence of the existence of a dominant position".
(124) In the AKZO case the Court added that: "This is so where the market share amounts to 50 %". Therefore, on the strength of market-share figures alone it can be said that the IG of P & I Clubs, which insures around 89 % of the world fleet, holds a dominant position in all the world wide markets for P & I insurance where it is present.
(125) In its judgment in Hoffmann-La Roche (at paragraph 42), the Court of Justice further held that a big disparity between a firm's share and those of its next-largest competitors is also a relevant factor in measuring the degree of market power that the former possesses. It is clear that in this case the difference between IG's market shares and those of its competitors is very significant.
(126) Moreover, in this case, other factors already identified in the Hoffmann-La Roche judgment (paragraph 42) give extra weight to the conclusion that the IG holds a significant amount of market power. First, it has the capacity to offer all levels of P& I cover, which its competitors do not have. Secondly, it has acquired a wide experience and reputation by offering P & I insurance for around one hundred years. And thirdly, it is present all over the world through a wide network of correspondents. All these strengths, in addition to its large market share, allow the IG of P & I clubs to hold a clear dominant position and to behave to a large extent independently of its competitors.
2.2 Abuse of dominant position
(127) The Statement of Objections maintained that the IG arrangements led to two different abuses of a dominant position, namely a limitation of the level of cover offered and a provision of re-insurance on discriminatory terms. It is explained in recitals 129 to 133 that, in view of the amendments to the Pooling Agreement it can no longer be argued that the IG arrangements give rise to an abuse of a dominant position. This does not exclude the possibility that the IG or its members acting together could indulge in abuses of its collective dominant position through its commercial behaviour. This, however, is not the object of this Decision, which is limited to the assessment of the notified arrangements.
2.2.1. Exploitative abuses: limitation of the products offered in the market
(128) Through the agreement on a single level of cover, the IG exploited its customers by offering a single insurance product that left a very substantial share of the demand unsatisfied. This constituted an abuse within the meaning of Article 86(2)(b) of the Treaty. It should be recalled, however, that it is not for the Commission to decide which is the level of cover that should be provided by the IG. The Commission may only intervene in the matter if there is clear and uncontroversial evidence that a very substantial share of the demand is being deprived of a service that it manifestly needs and that, therefore, the IG is really exploiting its dominant position in an abusive way.
(129) This is not the case any more. First, as it has already been explained (recital 76), the Pooling Agreement has been clarified to indicate that P & I Clubs are free to offer individually lower or higher levels of cover as well as to conclude any cooperative arrangement that they might find appropriate to this purpose.
(130) Secondly, since the IG adopted the new minimum common level of cover of around EUR 3,9 billion (USD 4,25 billion), no substantial share of the demand remains unsatisfied. Indeed, most shipowner's organisations around the world have submitted their views on this issue to the Commission and have not complained on the new level of cover. Only part of the Greek-controlled fleet, which as a whole accounts for around 15 % of world wide tonnage, remains dissatisfied with the new level of cover.
(131) This conclusion is reinforced by the fact that, from an objective pint of view, the new level of cover cannot be considered incapable of meeting customer needs. It was argued that, should an overspill claim arise, a large share of the shipping industry would become bankrupt by trying to meet a call up to the previous level of cover of around EUR 16,5 billion (USD 18 billion) (it must be explained that the rates charged by the P & I Clubs do not take into account the cost of an overspill claim; members of the P & I Clubs would only have to share the cost of such a claim if it were to materialise). This cannot be the case with the new, lower limit of cover of around EUR 3,9 billion (USD 4.25 billion).
(132) Indeed, there is enough evidence to reasonably expect that the shipping industry would be able to face a claim up to EUR 3,9 billion (USD 4,25 billion). First, from the experience of past large claims, it can be inferred that the full claim will not have to be paid in a single year, but over a period of several years, depending on the pace of settlement of the claims. Secondly, some clubs hold important reserves that can be used to satisfy part of the share of an overspill claim (reserves on 20 February 1997 amounted to around EUR 0,9 billion) and would therefore reduce the burden on individual shipowners. Thirdly, in any case, on past occasions (such as the oil crisis of the 1970s) the industry has been able to cope with increases of costs of a similar magnitude to that of an overspill claim. And finally, such a claim would represent for most vessels a relatively minor share of their yearly operating costs (lower than 10 %), which is unlikely to force them into bankruptcy.
(133) In view of all this, it is considered that the rules on the minimum common level of cover do not give rise any more to an infringement of Article 86 of the Treaty.
2.2.2. Exclusionary abuses: provision of re-insurance on discriminatory terms
(134) The Pooling Agreement allows independent P & I insurers to obtain re-insurance from one of the members of the IG if certain conditions are fulfilled. The Statement of Objections considered that the Pooling Agreement did not include objective and non-discriminatory conditions for deciding which commercial P & I insurers could obtain re-insurance from its members (rather, these conditions were considered objective in relation to independent mutual P & I insurers). In addition, the Pooling Agreement did not include any procedural rule to allow the independent P & I insurers (both commercial and mutual) to check whether the IG rules on re-insurance were properly applied, such as the obligation to communicate the refusal to re-insure in writing and with reasons, or an appeal procedure.
(135) The absence of objective conditions and procedural safeguards in the Pooling Agreement was considered an abuse of the dominant position within the meaning of Article 86 of the Treaty. Indeed, as has been explained, at present the IG is the only entity in the market offering P & I cover up to around EUR 3,9 billion (USD 4,25 billion), and no independent insurer can reach alone the minimum dimension necessary to offer such a cover. Moreover, independent insurers are not able to obtain re-insurance for large P & I cover, owing to their limited market shares. In view of this, the IG could easily have distorted competition by not deciding, on the basis of objective conditions, to which independent insurers it would provide re-insurance.
(136) As was explained above (see recitals 27 and 28), the IG has now included objective conditions in relation to the provision of re-insurance to commercial insurers and has established an adequate procedure to allow any independent P & I insurer requesting re-insurance from the IG to ensure in a timely manner that the monitoring of compliance with the conditions is properly performed. Indeed, the IG will have to take up a position on the request within 30 days of receipt of all the relevant information (this period may be extended by a further 30 days during the renewal period). If the decision is negative, the insurer infused re-insurance should be given a written notice stating the reasons for the refusal. The insurer will have the right to appeal against any such refusal. In view of this, it is considered that the rules on re-insurance of independent P & I insurers could no longer give rise to an infringement of Article 86 of the Treaty.
3. ARTICLES 53 AND 54 OF THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA
(137) According to Article 53 of the EEA Agreement, any agreement between undertakings which has as its object or effect the restriction of competition within the territory covered by this agreement is prohibited in so far as it may affect trade between the States parties to the Agreement.
(138) According to Article 56(l) of the EEA Agreement, the Commission has to decide on any case under Article 53 of that Agreement where the commercial agreement in question affects trade between Member States and the turnover of the undertakings concerned in the territory of the EFTA States is less than 33 % of the turnover in the EEA territory.
(139) In this case, the turnover obtained by the P & I Clubs in the EFTA territory is less than 33 % of the turnover in the EEA territory. Therefore, it is up to the Commission to assess whether the IG has infringed Article 53 of the EEA Agreement. To this end, all the arguments developed in this Decision in relation to Article 85 shall apply in this case also to Article 53 of the EEA Agreement.
(140) According to Article 54 of the EEA Agreement, any abuse by one or more undertakings of a dominant position within the territory covered by the Agreement or in a substantial part of it is to be prohibited.
(141) According to Article 56(2) of the EEA Agreement, the Commission has to decide on a case under Article 54 of that Agreement where dominance exists within the territories of the Community as well as of the EFTA States and where the turnover of the dominant undertaking in the territory of the EFTA States is less than 33 % of its turnover in the EEA territory.
(142) In this case, the P & I Clubs hold a world wide collective dominant position and their turnover in the EFTA States is less than 33 % of their turnover in the whole EEA area. Therefore, it is up to the Commission to decide if they have infringed Article 54 of the EEA Agreement. To this end, all the arguments set out in this Decision in relation to Article 86 apply in this case to Article 54 of the EEA Agreement as well,
HAS ADOPTED THIS DECISION:
Article 1
On the basis of the facts in its possession, the Commission has no grounds for action pursuant to Article 85(1) of the Treaty or pursuant to Article 53(1) of the EEA Agreement in respect of the amended Pooling Agreement or the International Group Agreement ("IGA"), with the exception of the rules concerning the quotation procedures and the minimum costs for tankers, in so far as they apply to the retention costs.
Article 2
On the basis of the facts in its possession, the Commission has no grounds for action under Article 86 of the EC Treaty or pursuant to Article 54 of the EEA Agreement in respect of the Pooling Agreement and the IGA, both as amended.
Article 3
Pursuant to Article 85(3) of the EC Treaty and Article 53(3) of the EEA Agreement, the provisions of Article 85(1) of the EC Treaty and Article 53(1) of the EEA Agreement are declared inapplicable to the rules concerning the quotation procedures and the minimum costs for tankers included in the IGA, as amended, in so far as they apply to the retention costs. This exemption shall be valid from 20 February 1999, being the date on which the latest notified amendments to the Pooling Agreement and the IGA will enter into force, until 20 February 2009.
Article 4
The International Group of P & I Clubs shall inform the Commission each year of any amendment and/or addition to the notified agreement as well as of the conclusion of any other agreement within the Group.
The IG shall also send to the Commission annually a report explaining whether the Pooling Agreement remains necessary to allow the P & I Cclubs to provide the level of cover that they have agreed at that moment. This report shall include detailed explanations on the evolution of the markets of Protection and Indemnity ("P & I") direct insurance and re-insurance. With regard to P & I direct insurance, the report shall include market shares and levels of cover provided both by the IG and each of its members as well as estimates of market shares and levels of cover provided by third party providers. With regard to P & I re-insurance, the report shall explain the structure of the Group General Excess Loss Reinsurance Contract (layers of re-insurance; premiums paid; re-insurers taking part in it, with corresponding shares) and estimate levels of cover provided to other P & I operators.
The IG shall provide annually detailed statistical information on the functioning of the quotation procedures and the rules for providing quotations on tankers.
Article 5
The Decision is addressed to: The International Group of P & I Clubs 78 Fenchurch Street London EC3M 4BT United Kingdom
Done at Brussels, 12 April 1999. | [
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COMMISSION REGULATION (EC) No 560/95 of 14 March 1995 deducting from the quantitative limits on import of textile products of categories 4 and 5 originating in the People's Republic of China amounts corresponding to those imported into the Community in circumvention of the Agreement between the European Community and the People's Republic of China on trade in textile products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for import of certain textile products from third countries (1), as last amended by Regulation (EC) No 3289/94 (2), and in particular Article 15 in conjunction with Article 17 thereof,
Whereas enquiries carried out in accordance with the procedures established in Annex IV to Regulation (EEC) No 3030/93 have led the Commission to conclude that certain textile products of categories 4 and 5 have been imported into the Community under false declarations of origin and possibly in circumvention of the provisions of Regulation (EEC) No 3030/93;
Whereas, on the basis of further verifications, carried out with the assistance of third countries' authorities, it has appeared that these products physically emanated from the territory of the People's Republic of China before having been transhipped and imported into the Community under false declarations of origin;
Whereas consultations with the People's Republic of China have been requested and held on several occasions to clarify the situation in order to determine, on the basis in particular of the documentary evidence submitted by the Commission, the true origin of the products concerned and, if appropriate, to reach an agreement on an equivalent adjustment of the quantitative limits applicable to exports to the Community of products originating in the People's Republic of China;
Whereas during the course of the consultations, the Chinese authorities have not challenged the fact that the products in question emanated from the territory of the People's Republic of China, nor the conclusion drawn by the Community that they were therefore of Chinese origin;
Whereas, under the Agreement between the European Community and the People's Republic of China on trade in textile products initialled on 9 December 1988 as extended and modified by the exchange of letters initialled on 8 December 1992, and in particular to Article 7 thereof, exports to the Community of products of categories 4 and 5 originating in the People's Republic of China must be set off against the quantitative limits established for the year in which the shipment of the goods is effected and must be accompanied by an export licence issued by the competent Chinese authorities which, upon presentation to the competent authorities of the Community, will automatically entitle the bearer to an import authorization into the Community for the amount of products covered by the export licence if, after verification, it appears that the agreed quantitative limit has not been exhausted;
Whereas, on the basis of all the elements mentioned above, there are sufficient grounds to conclude that the products imported under false declaration of origin have for origin the People's Republic of China, that they have been imported into the Community without having been set off against the quantitative limits established under the bilateral agreement and that they have, therefore, been imported into the Community in circumvention of the Agreement;
Whereas under the Bilateral Agreement and Regulation (EEC) No 3030/93, in such circumstances, where clear evidence of circumvention has been provided, the Community is entitled to deduct from the quantitative limits established amounts equivalent to the products imported in circumvention of the Agreement if within a specific time limit no satisfactory solution is reached;
Whereas the Community and the People's Republic of China have reached an agreement on the method by which adjustments of the quantitative limits should be made which is deemed to constitute a satisfactory solution within the meaning of Article 15 of Regulation (EEC) No 3030/93;
Whereas it is appropriate to implement the solution agreed and to this end to deduct from the quantitative limits concerned the agreed quantities;
Whereas the adjustments made to the quantitative limits of categories 4 and 5 should not prevent the importation into the Community of products shipped from the People's Republic of China before the entry into force of the present Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee established by Regulation (EEC) No 3030/93,
HAS ADOPTED THIS REGULATION:
Article 1
The amounts specified in the Annex to the present Regulation are deducted from the corresponding quantitative limits for imports of products of categories 4 and 5 originating in the People's Republic of China laid down in Annex V to Regulation (EEC) No 3030/93, as indicated in the Annex to the present Regulation.
Article 2
The adjustment referred to in Article 1 to the quantitative limits applicable to products of categories 4 and 5 originating in the People's Republic of China shall not prevent the importation of such products provided they have been shipped from the People's Republic of China to the European Community before the date of entry into force of the present Regulation.
Article 3
This Regulation shall come into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 March 1995. | [
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Regulation (EC) No 2516/2000 of the European Parliament and of the Council
of 7 November 2000
modifying the common principles of the European system of national and regional accounts in the Community (ESA) 95 as concerns taxes and social contributions and amending Council Regulation (EC) No 2223/96
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community(4) (ESA 95) contains the reference framework of common standards, definitions, classifications and accounting rules for drawing up the accounts of the Member States for the statistical requirements of the Community, in order to obtain comparable results between Member States.
(2) Article 2 of Regulation (EC) No 2223/96 sets out the conditions under which the Commission may adopt amendments to the ESA 95 methodology which are intended to clarify and improve its content.
(3) It is therefore necessary to refer the clarifications concerning the recording of taxes and social contributions in ESA 95 to the European Parliament and to the Council as these clarifications modify basic concepts.
(4) Article 2 of the protocol on the excessive deficit procedure relating to Article 104 of the Treaty states that the government deficit means net borrowing of the general government sector as defined in the European system of integrated economic accounts (ESA).
(5) The Statistical Programme Committee (SPC), set up by Council Decision 89/382/EEC, Euratom(5), the Committee on Monetary, Financial and Balance of Payments Statistics (CMFB), set up by Council Decision 91/115/EEC(6), and the Gross National Product Committee (GNP Committee) can state their opinion on the country-specific accounting treatment of taxes and social contributions whenever they consider it relevant.
(6) The SPC and the CMFB have been consulted.
(7) The measures necessary for the implementation of Regulation (EC) No 2223/96 should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7),
HAVE ADOPTED THIS REGULATION:
Article 1
Purpose
The purpose of this Regulation is to modify the common principles of ESA 95 as concerns taxes and social contributions so as to ensure comparability and transparency among the Member States.
Article 2
General principles
The impact on the net lending/borrowing of general government of taxes and social contributions recorded in the system shall not include amounts unlikely to be collected.
Accordingly, the impact on general government net lending/borrowing of taxes and social contributions recorded in the system on an accrual basis shall be equivalent over a reasonable amount of time to the corresponding amounts actually received.
Article 3
Treatment of taxes and social contributions in the accounts
Taxes and social contributions recorded in the accounts may be derived from two sources: amounts evidenced by assessments and declarations or cash receipts.
(a) If assessments and declarations are used, the amounts shall be adjusted by a coefficient reflecting assessed and declared amounts never collected. As an alternative treatment, a capital transfer to the relevant sectors could be recorded equal to the same adjustment. The coefficients shall be estimated on the basis of past experience and current expectations in respect of assessed and declared amounts never collected. They shall be specific to different types of taxes and social contributions. The determination of these coefficients shall be country-specific, the method being cleared with the Commission (Eurostat) beforehand.
(b) If cash receipts are used, they shall be time-adjusted so that the cash is attributed when the activity took place to generate the tax liability (or when the amount of tax was determined, in the case of some income taxes). This adjustment may be based on the average time difference between the activity (or the determination of the amount of tax) and cash tax receipt.
Article 4
Verification
1. The Commission (Eurostat) shall verify the implementation by Member States of the principles laid down in this Regulation.
2. From 2000 onwards, Member States shall provide the Commission (Eurostat) before the end of each year with a detailed description of the methods they plan to use for the different categories of taxes and social contributions in order to implement this Regulation.
3. The methods applied and the possible revisions shall be subject to agreement between each Member State concerned and the Commission (Eurostat).
4. The Commission (Eurostat) shall keep the SPC, the CMFB and the GNP Committee informed of the methods and the calculation of the aforementioned coefficients.
Article 5
Implementation
Within 6 months of the adoption of this Regulation, the Commission shall introduce in the text of Annex A to Regulation (EC) No 2223/96, pursuant to the procedure in Article 4 thereof, the changes needed for the application of this Regulation.
Article 6
Committee procedure
Article 4 of Regulation (EC) No 2223/96 shall be replaced by the following:
"Article 4
1. The Commission shall be assisted by the Statistical Programme Committee (hereinafter referred to as 'the Committee').
2. Where reference is made to this Article, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure."
Article 7
Entry into force
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
2. Member States may ask the Commission for a transitional period of no more than two years in which to bring their accounting systems into line with this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 2000. | [
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Commission Regulation (EC) No 1946/2001
of 4 October 2001
fixing the maximum export refund for white sugar for the 10th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1430/2001
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 Article 27(5) thereof,
Whereas:
(1) Commission Regulation (EC) No 1430/2001 of 13 July 2001 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar(2) requires partial invitations to tender to be issued for the export of this sugar.
(2) Pursuant to Article 9(1) of Regulation (EC) No 1430/2001 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) Following an examination of the tenders submitted in response to the 10th partial invitation to tender, the provisions set out in Article 1 should be adopted.
(4) 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 10th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1430/2001 the maximum amount of the export refund is fixed at 45,066 EUR/100 kg.
Article 2
This Regulation shall enter into force on 5 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 October 2001. | [
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COUNCIL DECISION of 17 June 1991 concerning notification of the acceptance by the Community of the International Coffee Agreement 1983 as extended to 30 September 1992 (91/318/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,
Having regard to the proposal from the Commission,
Whereas the Council approved, by Decision 87/485/EEC (1), the International Coffee Agreement 1983, which came into force on 1 October 1983 for a period of six years expiring on 30 September 1989;
Whereas, by Resolution No 347 of 4 July 1989, the International Coffee Council decided to extend the Agreement for a period of two years until 30 September 1991; whereas, by Resolution No 352 of 28 September 1990, the International Coffee Council decided to extend the Agreement for a further period of one year until 30 September 1992;
Whereas all the Member States have indicated their intention of applying the Agreement;
Whereas the Community and its Member States should simultaneously notify the Secretary-General of the United Nations Organization of their acceptance of the Agreement as extended until 30 September 1992,
HAS DECIDED AS FOLLOWS:
Article 1
1. In accordance with Resolution No 352 of 28 September 1990 of the International Coffee Council, the International Coffee Agreement 1983, as extended until 30 September 1992, is hereby approved on behalf of the European Economic Community.
The text of the resolution is attached to this Decision.
2. The Community and its Member States, once they have completed the necessary internal procedures, shall simultaneously notify the Secretary-General of the United Nations Organization of their acceptance of the Agreement as extended until 30 September 1992.
Article 2
The President of the Council is hereby authorized to designate the person empowered to deposit, on behalf of the European Economic Community, the notification referred to in Article 1 (2). Done at Luxembourg, 17 June 1991. | [
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COMMISSION DECISION of 3 June 1992 concerning applications for the refund of anti-dumping duties collected on certain imports of certain ball bearings originating in Singapore (NMB UK Ltd) (Only the English text is authentic) (92/334/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 16 thereof,
Whereas:
A. PROCEDURE
(1) On 19 July 1984 by Council Regulation (EEC) No 2089/84 (2), a definitive anti-dumping duty of 33,89 % was imposed on imports of certain ball bearings manufactured and exported by the Minebea group of companies and originating in Singapore. In September 1989 a review of the above measures was opened (3) in accordance with Article 15 (3) of Regulation (EEC) No 2423/88 and the measure has remained in force pending the outcome of this review.
(2) From 1985 and during the following years, NMB UK Ltd, a wholly-owned subsidiary of Minebea Co. Ltd, Japan, applied, on a regular basis, for the refund of anti-dumping duties. Commission Decision 88/327/EEC (4) was the first refund decision concerning the anti-dumping duties paid in 1985 and 1986. This Decision concerns the refund claims lodged for the following amounts of anti-dumping duties paid between January 1987 and September 1991, namely:
- January 1987 to September 1988: [ . . .] (5),
- October 1988 to September 1989: [ . . .],
- October 1989 to September 1990: [ . . .],
- October 1990 to September 1991: [ . . .].
(3) Following submissions by the applicant with regard to the dumping margin during each of the above reference periods, Commission sought and verified all information deemed to be necessary for the purposes of a determination and carried out investigations at the premises of the two exporters (NMB Singapore Ltd and Pelmec Singapore Ltd) and the sales company (Minebea Singapore Ltd) in Singapore. All these companies are owned by Minebea Co. Ltd, Japan.
Investigations were also carried out at the premises of related importers of Minebea Co. Ltd, Japan in the Community, including the applicant. The applicant complied with all requests for additional information to the satisfaction of the Commission and in accordance with the Commission notice concerning the reimbursement of anti-dumping duties (6) (hereinafter referred to as 'the notice'). Subsequently the applicant was informed of the preliminary results of this examination and given an opportunity to comment on them. It did so and the comments were taken into consideration prior to this Decision.
(4) The Commission informed the Member States and gave its opinion on the matter. No Member State disagreed with this opinion.
B. ARGUMENT OF THE APPLICANT
(5) The applicant has based its claims on the allegation that, for certain sales in the Community, export prices were such that either dumping did not exist or that dumping existed at a level lower than the level of the definitive duty of 33,89 %.
C. ADMISSIBILITY
(6) The applications are admissible since they were introduced in conformity with the relevant provisions of the Community's anti-dumping legislation, in particular that concerning time limits.
D. MERITS OF THE CLAIM
(7) Pursuant to Article 16 (1) of Regulation (EEC) No 2423/88 and Part II of the notice, the applicant showed that the duty collected exceeded the dumping margins to varying degrees, depending on the shipment and the ball-bearing type concerned, partly as a result of a decrease in normal value.
(8) Concerning the methodology used for establishing dumping margins, the Commission had to take account of changes in the domestic market in Singapore. During the original investigation domestic sales were minimal and normal value had consequently to be constructed using costs of production and a fixed percentage for profit. During subsequent verification visits to Singapore, the Commission established that substantial domestic sales were made, in excess of the volume of total exports to the Community, and that the profit made on these representative sales was much higher than the estimated profit margins originally used for constructing the normal value. Article 16 of Regulation (EEC) No 2423/88 provides that 'all refund calculations shall be made in accordance with the provisions of Article 2 or 3 and shall be based, as far as possible, on the same method applied in the original investigation, in particular, with regard to any application of averaging or sampling techniques.' This means that the actual normal value shall be established in a refund proceeding by respecting the hierarchy of methods as provided for by Article 2 (3) of that Regulation which requires that actual domestic prices should be used in all cases where they are available, the construction of the normal value being only a substitute for actual prices when these cannot be used. The Commission therefore decided to employ average domestic sales prices as a basis for normal value.
(9) Since all importers are related to the exporters, it was necessary to calculate the actual dumping margin by comparing the normal value with an export price constructed in accordance with Article 2 (8) (b) of Regulation (EEC) No 2423/88. That Article provides that an export price is constructed on the basis of the price at which the imported product is first resold to an independent buyer and that allowance shall be made for all costs incurred by the related importer between importation and resale, including customs duties, any anti-dumping duties and other taxes, and for a reasonable profit margin. Normal value and export prices were compared, according to the provisions of Article 2 (9) of Regulation (EEC) No 2423/88, and, since the importers are all related companies, a weighted-average dumping margin was calculated on the basis of all export transactions to the Community involving ball bearings originating in Singapore (i.e. a single weighted-average dumping margin for all related importers of Minebea Co. Ltd - NMB GmbH, NMB Italia Srl, NMB UK Ltd and NMB France Sarl).
(10) On this basis, it was found that the applications were partly founded. The actual dumping margins established for the periods in question were as follows.
- January 1987 to September 1988: 14,5 % (7),
- October 1988 to September 1989: 20,5 %,
- October 1989 to September 1990: 8,2 %,
- October 1990 to September 1991: 24,0 %.
(11) Consequently, the amounts to be refunded are:
- January 1987 to September 1988: [ . . .],
- October 1988 to September 1989: [ . . .],
- October 1989 to September 1990: [ . . .],
- October 1990 to September 1991: [ . . .].
(12) The applicant claimed, however, that a higher amount should be refunded. It raised objections concerning the legality of a deduction of anti-dumping duties paid by importing companies related to the exporter in constructing the export prices (see recital 9). These objections are the same as those raised in Commission Decision 88/327/EEC (8) which were the subject of an appeal before the Court of Justice of the European Communities. The applicant referred expressly to its submissions made in this earlier refund proceeding and in its written submissions before the Court.
In its judgment of 10 March 1992 on this appeal, the Court dismissed the application (9).
Under these circumstances, the applicant's request for the refund of an additional amount has to be rejected,
HAS ADOPTED THIS DECISION:
Article 1
The refund applications submitted by NMB UK Ltd, Bracknell, Berkshire, United Kingdom, for the period January 1987 to September 1991 are granted in respect of the following amounts and rejected for the remainder.
- January 1987 to September 1988: [ . . .],
- October 1988 to September 1989: [ . . .],
- October 1989 to September 1990: [ . . .],
- October 1990 to September 1991: [ . . .].
Article 2
The amount set out in Article 1 shall be refunded by the United Kingdom.
Article 3
This Decision is addressed to the United Kingdom and NMB UK Ltd, Bracknell, Berkshire, United Kingdom.
Done at Brussels, 3 June 1992. | [
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COMMISSION REGULATION (EC) No 1593/2006
of 25 October 2006
opening tendering procedure No 58/2006 EC for the sale of wine alcohol for new industrial uses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2) lays down, inter alia, the detailed rules for disposing of stocks of alcohol arising from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 held by intervention agencies.
(2)
In accordance with Article 80 of Regulation (EC) No 1623/2000, tendering procedures should be organised for the sale of wine alcohol for new industrial uses with a view to reducing the stocks of wine alcohol in the Community and enabling small-scale industrial projects to be carried out and such alcohol to be processed into goods intended for export for industrial uses. The wine alcohol of Community origin in storage in the Member States consists of quantities produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999.
(3)
Since 1 January 1999 and in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (3), the prices offered in tenders and securities must be expressed in euro and payments must be made in euro.
(4)
Minimum prices should be fixed for the submission of tenders, broken down according to the type of end-use.
(5)
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
Tendering procedure No 58/2006 EC is hereby opened for the sale of wine alcohol for new industrial uses. The alcohol concerned has been produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and is held by the French intervention agency.
The volume put up for sale is 100 000 hectolitres of alcohol at 100 % vol. The vat numbers, places of storage and the volume of alcohol at 100 % vol. contained in each vat are detailed in the Annex hereto.
Article 2
The sale shall be conducted in accordance with Articles 79, 81, 82, 83, 84, 85, 95, 96, 97, 100 and 101 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98.
Article 3
1. Tenders must be submitted to the intervention agency holding the alcohol concerned:
Viniflhor-Libourne, délégation nationale
17, avenue de la Ballastière, boîte postale 231
F-33505 Libourne Cedex
Tel. (33-5) 57 55 20 00
Telex 57 20 25
Fax (33-5) 57 55 20 59
or sent by registered mail to that address.
2. Tenders shall be submitted in a sealed double envelope, the inside envelope marked: ‘Tender under procedure No 58/2006 EC for new industrial uses’, the outer envelope bearing the address of the intervention agency concerned.
3. Tenders must reach the intervention agency concerned not later than 12 noon, Brussels time, on 10 November 2006.
4. All tenders must be accompanied by proof that a tendering security of EUR 4 per hectolitre of alcohol at 100 % vol. has been lodged with the intervention agency concerned.
Article 4
The minimum prices which may be offered are EUR 11 per hectolitre of alcohol at 100 % vol. intended for the manufacture of baker’s yeast, EUR 36,5 per hectolitre of alcohol at 100 % vol. intended for the manufacture of amine- and chloral-type chemical products for export, EUR 42,5 per hectolitre of alcohol at 100 % vol. intended for the manufacture of eau de Cologne for export and EUR 17 per hectolitre of alcohol at 100 % vol. intended for other industrial uses.
Article 5
The formalities for sampling shall be as set out in Article 98 of Regulation (EC) No 1623/2000. The price of samples shall be EUR 10 per litre.
The intervention agency shall provide all the necessary information on the characteristics of the alcohol put up for sale.
Article 6
The performance guarantee shall be EUR 30 per hectolitre of alcohol at 100 % vol.
Article 7
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, 25 October 2006. | [
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COMMISSION DECISION
of 18 February 2008
amending Decision 2006/766/EC as regards the list of third countries and territories from which imports of fishery products in any form for human consumption are permitted
(notified under document number C(2008) 555)
(Text with EEA relevance)
(2008/156/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (1), and in particular Article 11(1) thereof,
Whereas:
(1)
Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin. Article 11 of that Regulation provides for the establishment of lists of third countries and parts of third countries from which imports of specific products of animal origin are permitted, and sets out criteria to be taken into account in the establishment of such lists.
(2)
Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (2) lists those third countries which satisfy the criteria referred to in Article 11(4) of Regulation (EC) No 854/2004 and are therefore able to guarantee that those products exported to the Community meet the sanitary conditions laid down to protect the health of consumers.
(3)
Annex II of that Decision lists the third countries and territories from which imports of fishery products in any form for human consumption are permitted.
(4)
Armenia is currently listed in that Annex but only for imports of ‘live non-farmed crayfish’. A Commission inspection carried out in that country in March 2007 showed that the relevant sanitary requirements for heat-processed and frozen non-farmed crayfish are met. Therefore, the listing for Armenia should be extended to also include heat processed non-farmed crayfish and frozen non-farmed crayfish.
(5)
Montenegro, which is currently listed in Annex II to Decision 2006/766/EC but only for imports of ‘whole fresh fish from wild seawater catches’, has provided scientific information and submitted an additional application for the approval of imports of freshwater crayfish from that third country. The current limitation should therefore be deleted. Imports of fishery products should be authorised.
(6)
Bosnia and Herzegovina is currently not listed in Annex II to Decision 2006/766/EC. A Commission inspection to that country was carried out from 29 August to 2 September 2005. It has been proven that the competent authorities have provided all necessary guarantees to satisfy the relevant sanitary conditions. Bosnia and Herzegovina should therefore be included in the list of third countries from which Member States may authorise imports of fishery products.
(7)
Bulgaria and Romania are currently listed in Annex II to Decision 2006/766/EC. However, as the list refers only to third countries, the application of those entries ceased upon their accession to the European Union. The listings for those two Member States should therefore be deleted.
(8)
Annex I of that Decision lists the third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form for human consumption are permitted. Footnote 6 of Annex II referring to Morocco concerns additional requirements for certain processed bivalve molluscs. For reasons of consistency, it is therefore appropriate to move those requirements to Annex I.
(9)
Decision 2006/766/EC should therefore be amended accordingly.
(10)
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 and II to Decision 2006/766/EC are replaced by the text in the Annex to this Decision.
Article 2
This Decision shall apply from 1 March 2008.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 18 February 2008. | [
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Regulation (EC) No 806/2004 of the European Parliament and of the Council
of 21 April 2004
on promoting gender equality in development cooperation
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 179 thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(1),
Whereas:
(1) The United Nations Millennium Development Goals call for gender equality and empowerment of women, setting clear targets in the field of education that have to be achieved no later than 2015.
(2) Two-thirds of children out of school are girls. Enrolment rates for girls are still lower than those for boys and drop-out rates for girls are higher.
(3) Article 3(2) of the Treaty stipulates that in all the activities referred to therein, including a policy in the sphere of development cooperation, the Community is to aim to eliminate inequalities, and to promote equality, between men and women.
(4) A disproportionate majority of the world's poor are women. Therefore, the promotion of gender equality is important for the overarching goal of poverty reduction by 2015.
(5) Gender equality of women and men of all ages is recognised as being important to effective and efficient work against poverty. To achieve the goal of gender equality through the gender mainstreaming strategy, there is a need to combine it with specific measures in favour of women of all ages.
(6) Women's contribution to development is achieved in the face of numerous obstacles, limiting the outcome of their work and reducing the benefits for themselves and to society as a whole. The importance of women's economic, social, and environmental roles across the life course, in developing countries has led to increasing international recognition that their full participation without discrimination is indispensable for sustainable and effective development.
(7) The Community and its Member States were signatories to the Declaration and Platform for Action of the 1995 Fourth World Conference on Women in Beijing, which stressed the need for action against world-wide obstacles to gender equality and established gender mainstreaming as a strategy to promote gender equality.
(8) The United Nations Convention on the Elimination of all forms of Discrimination against Women considers discrimination against women as an obstacle to development, and the parties to the Convention agree to eliminate this discrimination using all appropriate means.
(9) Council Regulation (EC) No 2836/98 of 22 December 1998 on integrating of gender issues in development cooperation(2) aims to support the mainstreaming of gender analysis in all area of development cooperation policies and to support and facilitate the inclusions of actions addressing major gender disparities. It ensures that gender equality is promoted in national plans designed to implement major elements of the Beijing Platform for Action. That Regulation expired on 31 December 2003.
(10) The Declaration by the Council and the Commission on the European Community's development policy, adopted on 10 November 2000, states that gender equality is a cross-cutting issue.
(11) The Commission's Communication to the Council and the European Parliament of 21 June 2001 on the Programme of Action on the mainstreaming of gender equality in Community development cooperation sets the implementation framework for that mainstreaming. That programme of action was endorsed by the Council in its Conclusions of 8 November 2001.
(12) The European Parliament stressed in its Resolution of 25 April 2002(3)1 on that programme of action its commitment to gender mainstreaming as the approach to furthering the goal of gender equality and improving the position of women in developing countries.
(13) This Regulation lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(4), for the budgetary authority during the annual budgetary procedure. In general, EC development-related funding should also contribute towards gender equality as a cross-cutting issue.
(14) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).
(15) Since the objective of the proposed action, namely to promote gender equality in development cooperation, cannot be sufficiently achieved by the Member States, and can therefore, by reason of the scale and effects of that action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
1. The purpose of this Regulation is to implement measures to promote gender equality in Community development cooperation policies, strategies and interventions.
To this end, the Community shall provide financial assistance and appropriate expertise aimed at promoting gender equality into all its development cooperation policies and interventions in developing countries.
2. The Community support shall be aimed at complementing and reinforcing the policies and capacities of developing countries as well as the assistance provided through other instruments of development cooperation.
Article 2
For the purposes of this Regulation:
(a) "gender mainstreaming" concerns planning, (re)organisation, improvement, and evaluation of policy processes, so that a gender equality perspective is incorporated in all development policies, strategies and interventions, at all levels and at all stages by the actors normally involved therein;
(b) specific measures to prevent or compensate for disadvantages linked to sex may be maintained or introduced with a view to ensuring equality in practice between men and women; such measures should, in the first instance, aim at improving the situation of women in the field covered by this Regulation.
Article 3
The objectives to be pursued by this Regulation, in accordance with the goal of promoting gender equality and empower women as specified by the United Nations Millennium Development Goals, the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, the Beijing Declaration and Platform for Action adopted at the Fourth World Conference on Women, the outcome of the Special Session of the General Assembly "Women 2000: gender equality, development and peace for the 21st Century", are the following:
(a) to support gender mainstreaming in all areas of development cooperation, combined with specific measures in favour of women of all ages, with the goal of promoting gender equality as an important contribution to poverty reduction;
(b) to support endogenous public and private capacities in developing countries which can take the responsibility and initiative for promoting gender equality.
Article 4
1. Activities in the field of promoting gender equality eligible for financing include, in particular:
(a) supporting specific measures related to access to, and monitoring of, resources and services for women, in particular, in the areas of education and training, health, economic and social activities, employment and infrastructure, and to participation in political decision-making processes;
(b) promoting the collection, dissemination, analysis and improvement of statistics disaggregated by sex and age, development and dissemination of methodologies, guidelines, ex-ante and ex-post gender impact assessments, thematic studies, qualitative and quantitative indicators, and other operational instruments;
(c) supporting awareness-raising and advocacy work and the establishment of stakeholders' networks in the field of gender equality;
(d) supporting activities aiming at strengthening institutional and operational capacities of key stakeholders in partner countries in the development process, such as the provision of gender specialists, training and technical assistance.
2. The instruments to be financed in the course of the activities referred to in paragraph 1 may take the form of:
(a) methodological and organisational studies on gender mainstreaming relevant to all age-groups;
(b) technical assistance including gender impact assessment, education, training, the information society or other services;
(c) supplies, audits, evaluation and monitoring missions.
3. Community financing may cover:
(a) investment projects, with the exception of the purchase of real estate, and
(b) operating expenditure of a beneficiary body including recurring administrative and maintenance costs that should not exceed the cost foreseen for administrative expenditure.
Operating grants shall be awarded on a gradually decreasing basis.
Article 5
In the selection and implementation of activities referred to in Article 4(1), particular attention shall be paid to:
(a) the potential of interventions and programmes to act as a catalyst and a multiplier in order to support the strategy of gender mainstreaming on a large scale in Community interventions;
(b) strengthening strategic partnerships and initiating transnational cooperation which reinforces, in particular, regional cooperation in the area of gender equality;
(c) the pursuit of cost-effectiveness and sustainable impact in the design and planning of interventions;
(d) the clear definition and monitoring of objectives and indicators;
(e) efforts made to promote synergies with policies and programmes targeting reproductive and sexual health and rights and poverty diseases, in particular HIV/AIDS programmes, measures to combat violence, girl-child issues, the education and training of women of all ages, ageing people, the environment, human rights, conflict prevention, democratisation and the participation of women in the political, economic and social decision-making process;
(f) gender mainstreaming in the six priority areas of EC development policy;
(g) the importance of paying special attention to the education of girls, and to the fact that the situation of unequal opportunities for girls could start to be redressed by recruiting and training local female teachers.
CHAPTER II
IMPLEMENTATION OF AID
Article 6
1. Financial support pursuant to this Regulation shall take the form of grants or contracts.
2. A grant may finance the entire costs of an action only if it is shown that this is essential for it to be carried out, with the exception of actions resulting from the implementation of financing agreements with third countries or actions managed by international organisations. In other cases, a financial contribution from the beneficiaries defined in Article 7 shall be sought. In specifying the amount of the contribution requested, regard shall be given to the capacity of the partners concerned and the nature of the operation in question.
3. Contracts with beneficiaries may cover the financing of their operating expenditure, in accordance with Article 4(3)(b).
4. The provision of financial assistance under this Regulation may entail co-financing with other donors, in particular with Member States, the United Nations, and international or regional development banks or financial institutions.
Article 7
1. The partners eligible for financial assistance under this Regulation include:
(a) administrative authorities and agencies at national, regional and local government levels;
(b) local communities, NGOs, particularly those operating in the field of gender equality, women's organisations, community-based organisations, trade unions, and other not-for-profit natural and legal persons;
(c) the local private sector;
(d) regional organisations;
(e) international organisations, such as the United Nations and its agencies, funds and programmes, as well as development banks, financial institutions, global initiatives, international public/private partnerships;
(f) research and development studies institutes and universities.
2. Without prejudice to paragraph 1(e), Community financial assistance in the form of grants shall be available to partners whose head office is located in a Member State or in a third country that is a beneficiary or potential beneficiary of Community assistance under this Regulation, provided that this office is the actual centre which directs business operations. In exceptional cases, this office may be located in another third country. Priority will be given to endogenous structures that can play a role in developing local capacities with respect to gender.
Article 8
1. Where operations are the subject of financing agreements between the Community and the recipient country, such agreements shall stipulate that the payment of taxes, duties or any other charges is not to be covered by the Community.
2. All financing agreements, grant agreements or contracts concluded pursuant to this Regulation shall provide for the Commission and the Court of Auditors to conduct on-the-spot checks in accordance with the usual procedures laid down by the Commission under the rules in force, in particular those of the Financial Regulation applicable to the general budget of the European Communities(6).
3. The necessary measures shall be taken to emphasise the Community character of the aid provided pursuant to this Regulation.
Article 9
1. Participation in invitations to tender and the award of procurement contracts shall be open on equal terms to all natural and legal persons of the Member States, assimilated countries, and in all developing countries. It shall be open to other third countries on the condition of reciprocity. It may be extended, under exceptional and duly justified circumstances, to other third countries.
2. Supplies shall originate in the Member States, the beneficiary country or other developing countries. In the cases mentioned in paragraph 1, supplies may originate in other third countries.
Article 10
1. In order to secure the objectives of consistency and complementarity referred to in the Treaty and to ensure maximum effectiveness of these operations as a whole, the Commission may take all necessary coordination measures, including in particular:
(a) the establishment of a system for the systematic exchange and analysis of information on the operations financed and those which the Community and the Member States propose to finance;
(b) the on-the-spot coordination of the implementation of operations through regular meetings and exchanges of information between the representatives of the Commission and the Member States in the recipient country, local authorities and other decentralised bodies.
2. The Commission should raise the question of gender as a standing item on the agenda during meetings between representatives of the Commission, Member States and partner countries in order to increase awareness of gender issues in emerging areas of development cooperation.
3. The Commission shall draw on the experiences of Members States, other donors and partner countries in the field of gender mainstreaming and women's empowerment.
4. The Commission, together with the Member States, may take any initiative necessary for ensuring proper coordination with the other donors concerned, in particular those forming part of the United Nations system.
CHAPTER III
FINANCIAL PROVISIONS AND RELEVANT DECISION-MAKING PROCEDURES
Article 11
1. The financial framework for the implementation of this Regulation for the period 2004 to 2006 is hereby set at EUR 9 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.
Article 12
1. The Commission shall be responsible for drafting strategic programming guidelines, defining the Community's cooperation in terms of measurable objectives, priorities, deadlines for specific areas of action, assumptions and expected outcomes. Programming shall be multiannual and indicative.
2. An annual exchange of views shall take place once a year on the basis of a presentation by the representative of the Commission of the general guidelines for the operations to be carried out, in the framework of a joint meeting of the Committees referred to in Article 14(1).
Article 13
1. The Commission shall be responsible for appraising, deciding on and administering operations covered by this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation.
2. The work programme shall be adopted under the procedure referred to in Article 14(2).
Article 14
1. The Commission shall be assisted by the geographically competent Committee for development.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 45 days.
3. The Committee shall adopt its rules of procedure.
CHAPTER IV
REPORTS
Article 15
1. After each budget year, the Commission shall submit in its annual report on EC development policy to the European Parliament and to the Council, information on the operations financed in the course of that year and the Commission's conclusions on the implementation of this Regulation over the previous budget year.
The summary shall in particular provide information about the strengths, weaknesses and outcomes of operations, those with whom contracts have been concluded as well as the results of any independent evaluations of specific operations.
2. One year before the expiry of this Regulation, the Commission shall submit an independent appraisal report on its implementation to the European Parliament and the Council with a view to establishing whether its objectives have been achieved and providing guidelines for improving the effectiveness of future operations. On the basis of this appraisal report, the Commission may make proposals for the future of this Regulation and, if necessary, proposals for its amendment.
Article 16
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply until 31 December 2006.
Done at Strasbourg, 21 April 2004. | [
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COMMISSION REGULATION (EC) No 447/98 of 1 March 1998 on the notifications, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement on the European Economic Area,
Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), as last amended by Regulation (EC) No 1310/97 (2), and in particular Article 23 thereof,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 24 thereof,
Having regard to Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (4), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 29 thereof,
Having regard to Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (5), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 26 thereof,
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 (6), as last amended by Regulation (EEC) No 2410/92 (7), and in particular Article 19 thereof,
Having consulted the Advisory Committee on Concentrations,
(1) Whereas Regulation (EEC) No 4064/89 and in particular Article 23 thereof has been amended by Regulation (EC) No 1310/97;
(2) Whereas Commission Regulation (EC) No 3384/94 (8), implementing Regulation (EEC) No 4064/89, must be modified in order to take account of those amendments; whereas experience in the application of Regulation (EC) No 3384/94 has revealed the need to improve certain procedural aspects thereof; whereas for the sake of clarity it should therefore be replaced by a new regulation;
(3) Whereas the Commission has adopted Decision 94/810/ECSC, EC of 12 December 1994 on the terms of reference of hearing officers in competition procedures before the Commission (9);
(4) Whereas Regulation (EEC) No 4064/89 is based on the principle of compulsory notification of concentrations before they are put into effect; whereas, on the one hand, a notification has important legal consequences which are favourable to the parties to the concentration plan, while, on the other hand, failure to comply with the obligation to notify renders the parties liable to a fine and may also entail civil law disadvantages for them; whereas it is therefore necessary in the interests of legal certainty to define precisely the subject matter and content of the information to be provided in the notification;
(5) Whereas it is for the notifying parties to make full and honest disclosure to the Commission of the facts and circumstances which are relevant for taking a decision on the notified concentration;
(6) Whereas in order to simplify and expedite examination of the notification, it is desirable to prescribe that a form be used;
(7) Whereas since notification sets in motion legal time limits pursuant to Regulation (EEC) No 4064/89, the conditions governing such time-limits and the time when they become effective must also be determined;
(8) Whereas rules must be laid down in the interests of legal certainty for calculating the time limits provided for in Regulation (EEC) No 4064/89; whereas in particular, the beginning and end of the period and the circumstances suspending the running of the period must be determined, with due regard to the requirements resulting from the exceptionally short legal time-limits referred to above; whereas in the absence of specific provisions the determination of rules applicable to periods, dates and time-limits should be based on the principles of Council Regulation (EEC, Euratom) No 1182/71 (10);
(9) Whereas the provisions relating to the Commission's procedure must be framed in such a way as to safeguard fully the right to be heard and the rights of defence; whereas for these purposes the Commission should distinguish between the parties who notify the concentration, other parties involved in the concentration plan, third parties and parties regarding whom the Commission intends to take a decision imposing a fine or periodic penalty payments;
(10) Whereas the Commission should give the notifying parties and other parties involved, if they so request, an opportunity before notification to discuss the intended concentration informally and in strict confidence; whereas in addition it should, after notification, maintain close contact with those parties to the extent necessary to discuss with them any practical or legal problems which it discovers on a first examination of the case and if possible to remove such problems by mutual agreement;
(11) Whereas in accordance with the principle of the rights of defence, the notifying parties must be given the opportunity to submit their comments on all the objections which the Commission proposes to take into account in its decisions; whereas the other parties involved should also be informed of the Commission's objections and granted the opportunity to express their views;
(12) Whereas third parties having sufficient interest must also be given the opportunity of expressing their views where they make a written application;
(13) Whereas the various persons entitled to submit comments should do so in writing, both in their own interest and in the interest of good administration, without prejudice to their right to request a formal oral hearing where appropriate to supplement the written procedure; whereas in urgent cases, however, the Commission must be able to proceed immediately to formal oral hearings of the notifying parties, other parties involved or third parties;
(14) Whereas it is necessary to define the rights of persons who are to be heard, to what extent they should be granted access to the Commission's file and on what conditions they may be represented or assisted;
(15) Whereas the Commission must respect the legitimate interest of undertakings in the protection of their business secrets and other confidential information;
(16) Whereas, in order to enable the Commission to carry out a proper assessment of commitments that have the purpose of rendering the concentration compatible with the common market, and to ensure due consultation with other parties involved, third parties and the authorities of the Member States as provided for in Regulation (EEC) No 4064/89, in particular Article 18(1) and (4) thereof, the procedure and time-limits for submitting such commitments as provided for in Article 6(2) and Article 8(2) of Regulation (EEC) No 4064/89 must be laid down;
(17) Whereas it is also necessary to define the rules for fixing and calculating the time limits for reply fixed by the Commission;
(18) Whereas the Advisory Committee on Concentrations must deliver its opinion on the basis of a preliminary draft decision; whereas it must therefore be consulted on a case after the inquiry into that case has been completed; whereas such consultation does not, however, prevent the Commission from reopening an inquiry if need be,
HAS ADOPTED THIS REGULATION:
CHAPTER I NOTIFICATIONS
Article 1 Persons entitled to submit notifications
1. Notifications shall be submitted by the persons or undertakings referred to in Article 4(2) of Regulation (EEC) No 4064/89.
2. Where notifications are signed by representatives of persons or of undertakings, such representatives shall produce written proof that they are authorised to act.
3. Joint notifications should be submitted by a joint representative who is authorised to transmit and to receive documents on behalf of all notifying parties.
Article 2 Submission of notifications
1. Notifications shall be submitted in the manner prescribed by form CO as shown in the Annex. Joint notifications shall be submitted on a single form.
2. One original and 23 copies of the form CO and the supporting documents shall be submitted to the Commission at the address indicated in form CO.
3. The supporting documents shall be either originals or copies of the originals; in the latter case the notifying parties shall confirm that they are true and complete.
4. Notifications shall be in one of the official languages of the Community. This language shall also be the language of the proceeding for the notifying parties. Supporting documents shall be submitted in their original language. Where the original language is not one of the official languages of the Community, a translation into the language of the proceeding shall be attached.
5. Where notifications are made pursuant to Article 57 of the EEA Agreement, they may also be in one of the official languages of the EFTA States or the working language of the EFTA Surveillance Authority. If the language chosen for the notifications is not an official language of the Community, the notifying parties shall simultaneously supplement all documentation with a translation into an official language of the Community. The language which is chosen for the translation shall determine the language used by the Commission as the language of the proceedings for the notifying parties.
Article 3 Information and documents to be provided
1. Notifications shall contain the information, including documents, requested by form CO. The information must be correct and complete.
2. The Commission may dispense with the obligation to provide any particular information, including documents, requested by form CO where the Commission considers that such information is not necessary for the examination of the case.
3. The Commission shall without delay acknowledge in writing to the notifying parties or their representatives receipt of the notification and of any reply to a letter sent by the Commission pursuant to Article 4(2) and (4).
Article 4 Effective date of notification
1. Subject to paragraphs 2, 3 and 4, notifications shall become effective on the date on which they are received by the Commission.
2. Where the information, including documents, contained in the notification is incomplete in a material respect, the Commission shall inform the notifying parties or their representatives in writing without delay and shall set an appropriate time-limit for the completion of the information. In such cases, the notification shall become effective on the date on which the complete information is received by the Commission.
3. Material changes in the facts contained in the notification which the notifying parties know or ought to have known must be communicated to the Commission without delay. In such cases, when these material changes could have a significant effect on the appraisal of the concentration, the notification may be considered by the Commission as becoming effective on the date on which the information on the material changes is received by the Commission; the Commission shall inform the notifying parties or their representatives of this in writing and without delay.
4. Incorrect or misleading information shall be considered to be incomplete information.
5. When the Commission publishes the fact of the notification pursuant to Article 4(3) of Regulation (EEC) No 4064/89, it shall specify the date upon which the notification has been received. Where, further to the application of paragraphs 2, 3 and 4, the effective date of notification is later than the date specified in this publication, the Commission shall issue a further publication in which it will state the later date.
Article 5 Conversion of notifications
1. Where the Commission finds that the operation notified does not constitute a concentration within the meaning of Article 3 of Regulation (EEC) No 4064/89, it shall inform the notifying parties or their representatives in writing. In such a case, the Commission shall, if requested by the notifying parties, as appropriate and subject to paragraph 2 of this Article, treat the notification as an application within the meaning of Article 2 or a notification within the meaning of Article 4 of Regulation No 17, as an application within the meaning of Article 12 or a notification within the meaning of Article 14 of Regulation (EEC) No 1017/68, as an application within the meaning of Article 12 of Regulation (EEC) No 4056/86 or as an application within the meaning of Article 3(2) or of Article 5 of Regulation (EEC) No 3975/87.
2. In cases referred to in paragraph 1, second sentence, the Commission may require that the information given in the notification be supplemented within an appropriate time-limit fixed by it in so far as this is necessary for assessing the operation on the basis of the Regulations referred to in that sentence. The application or notification shall be deemed to fulfil the requirements of such Regulations from the date of the original notification where the additional information is received by the Commission within the time-limit fixed.
CHAPTER II TIME-LIMITS
Article 6 Beginning of periods
1. The period referred to in Article 9(2) of Regulation (EEC) No 4064/89 shall start at the beginning of the working day following the date of the receipt of the copy of the notification by the Member State.
2. The period referred to in Article 9(4)(b) of Regulation (EEC) No 4064/89 shall start at the beginning of the working day following the effective date of the notification, within the meaning of Article 4 of this Regulation.
3. The period referred to in Article 9(6) of Regulation (EEC) No 4064/89 shall start at the beginning of the working day following the date of the Commission's referral.
4. The periods referred to in Article 10(1) of Regulation (EEC) No 4064/89 shall start at the beginning of the working day following the effective date of the notification, within the meaning of Article 4 of this Regulation.
5. The period referred to in Article 10(3) of Regulation (EEC) No 4064/89 shall start at the beginning of the working day following the day on which proceedings were initiated.
6. The period referred to in Article 22(4), second subparagraph, second sentence, of Regulation (EEC) No 4064/89 shall start at the beginning of the working day following the date of the first of the events referred to.
Article 7 End of periods
1. The period referred to in Article 9(2) of Regulation (EEC) No 4064/89 shall end with the expiry of the day which in the third week following that in which the period began is the same day of the week as the day from which the period runs.
2. The period referred to in Article 9(4)(b) of Regulation (EEC) No 4064/89 shall end with the expiry of the day which in the third month following that in which the period began falls on the same date as the day from which the period runs. Where such a day does not occur in that month, the period shall end with the expiry of the last day of that month.
3. The period referred to in Article 9(6) of Regulation (EEC) No 4064/89 shall end with the expiry of the day which in the fourth month following that in which the period began falls on the same date as the day from which the period runs. Where such a day does not occur in that month, the period shall end with the expiry of the last day of that month.
4. The period referred to in Article 10(1), first subparagraph, of Regulation (EEC) No 4064/89 shall end with the expiry of the day which in the month following that in which the period began falls on the same date as the day from which the period runs. Where such a day does not occur in that month, the period shall end with the expiry of the last day of that month.
5. The period referred to in Article 10(1), second subparagraph, of Regulation (EEC) No 4064/89 shall end with the expiry of the day which in the sixth week following that in which the period began is the same day of the week as the day from which the period runs.
6. The period referred to in Article 10(3) of Regulation (EEC) No 4064/89 shall end with the expiry of the day which in the fourth month following that in which the period began falls on the same date as the day from which the period runs. Where such a day does not occur in that month, the period shall end with the expiry of the last day of that month.
7. The period referred to in Article 22(4), second subparagraph, second sentence, of Regulation (EEC) No 4064/89 shall end with the expiry of the day which in the month following that in which the period began falls on the same date as the day from which the period runs. Where such a day does not occur in that month, the period shall end with the expiry of the last day of that month.
8. Where the last day of the period is not a working day, the period shall end with the expiry of the following working day.
Article 8 Recovery of holidays
Once the end of the period has been determined in accordance with Article 7, if public holidays or other holidays of the Commission referred to in Article 23 fall within the periods referred to in Articles 9, 10 and 22 of Regulation (EEC) No 4064/89, a corresponding number of working days shall be added to those periods.
Article 9 Suspension of time limit
1. The periods referred to in Article 10(1) and (3) of Regulation (EEC) No 4064/89 shall be suspended where the Commission, pursuant to Article 11(5) and Article 13(3) of that Regulation, has to take a decision because:
(a) information which the Commission has requested pursuant to Article 11(1) of Regulation (EEC) No 4064/89 from one of the notifying parties or another involved party, as defined in Article 11 of this Regulation, is not provided or not provided in full within the time limit fixed by the Commission;
(b) information which the Commission has requested pursuant to Article 11(1) of Regulation (EEC) No 4064/89 from a third party, as defined in Article 11 of this Regulation, is not provided or not provided in full within the time limit fixed by the Commission owing to circumstances for which one of the notifying parties or another involved party, as defined in Article 11 of this Regulation, is responsible;
(c) one of the notifying parties or another involved party, as defined in Article 11 of this Regulation, has refused to submit to an investigation deemed necessary by the Commission on the basis of Article 13(1) of Regulation (EEC) No 4064/89 or to cooperate in the carrying out of such an investigation in accordance with that provision;
(d) the notifying parties have failed to inform the Commission of material changes in the facts contained in the notification.
2. The periods referred to in Article 10(1) and (3) of Regulation (EEC) No 4064/89 shall be suspended:
(a) in the cases referred to in paragraph 1(a) and (b), for the period between the end of the time limit fixed in the request for information and the receipt of the complete and correct information required by decision;
(b) in the cases referred to in paragraph 1(c), for the period between the unsuccessful attempt to carry out the investigation and the completion of the investigation ordered by decision;
(c) in the cases referred to in paragraph 1(d), for the period between the occurrence of the change in the facts referred to therein and the receipt of the complete and correct information requested by decision or the completion of the investigation ordered by decision.
3. The suspension of the time limit shall begin on the day following that on which the event causing the suspension occurred. It shall end with the expiry of the day on which the reason for suspension is removed. Where such a day is not a working day, the suspension of the time-limit shall end with the expiry of the following working day.
Article 10 Compliance with the time-limits
1. The time limits referred to in Article 9(4) and (5), and Article 10(1) and (3) of Regulation (EEC) No 4064/89 shall be met where the Commission has taken the relevant decision before the end of the period.
2. The time limit referred to in Article 9(2) of Regulation (EEC) No 4064/89 shall be met where a Member State informs the Commission before the end of the period in writing.
3. The time limit referred to in Article 9(6) of Regulation (EEC) No 4064/89 shall be met where the competent authority of the Member State concerned publishes any report or announces the findings of the examination of the concentration before the end of the period.
4. The time limit referred to in Article 22(4), second subparagraph, second sentence, of Regulation (EEC) No 4064/89 shall be met where the request made by the Member State or the Member States is received by the Commission before the end of the period.
CHAPTER III HEARING OF THE PARTIES AND OF THIRD PARTIES
Article 11 Parties to be heard
For the purposes of the rights to be heard pursuant to Article 18 of Regulation (EEC) No 4064/89, the following parties are distinguished:
(a) notifying parties, that is, persons or undertakings submitting a notification pursuant to Article 4(2) of Regulation (EEC) No 4064/89;
(b) other involved parties, that is, parties to the concentration plan other than the notifying parties, such as the seller and the undertaking which is the target of the concentration;
(c) third parties, that is, natural or legal persons showing a sufficient interest, including customers, suppliers and competitors, and especially members of the administration or management organs of the undertakings concerned or recognised workers' representatives of those undertakings;
(d) parties regarding whom the Commission intends to take a decision pursuant to Article 14 or 15 of Regulation (EEC) No 4064/89.
Article 12 Decisions on the suspension of concentrations
1. Where the Commission intends to take a decision pursuant to Article 7(4) of Regulation (EEC) No 4064/89 which adversely affects one or more of the parties, it shall, pursuant to Article 18(1) of that Regulation, inform the notifying parties and other involved parties in writing of its objections and shall fix a time limit within which they may make known their views.
2. Where the Commission, pursuant to Article 18(2) of Regulation (EEC) No 4064/89, has taken a decision referred to in paragraph 1 of this Article provisionally without having given the notifying parties and other involved parties the opportunity to make known their views, it shall without delay send them the text of the provisional decision and shall fix a time limit within which they may make known their views.
Once the notifying parties and other involved parties have made known their views, the Commission shall take a final decision annulling, amending or confirming the provisional decision. Where they have not made known their views within the time limit fixed, the Commission's provisional decision shall become final with the expiry of that period.
3. The notifying parties and other involved parties shall make known their views in writing or orally within the time limit fixed. They may confirm their oral statements in writing.
Article 13 Decisions on the substance of the case
1. Where the Commission intends to take a decision pursuant to Article 8(2), second subparagraph, or Article 8(3), (4) or (5) of Regulation (EEC) No 4064/89, it shall, before consulting the Advisory Committee on Concentrations, hear the parties pursuant to Article 18(1) and (3) of that Regulation.
2. The Commission shall address its objections in writing to the notifying parties.
The Commission shall, when giving notice of objections, set a time limit within which the notifying parties may inform the Commission of their views in writing.
The Commission shall inform other involved parties in writing of these objections.
The Commission shall also set a time limit within which those other involved parties may inform the Commission of their views in writing.
3. After having addressed its objections to the notifying parties, the Commission shall, upon request, give them access to the file for the purpose of enabling them to exercise their rights of defence.
The Commission shall, upon request, also give the other involved parties who have been informed of the objections access to the file in so far as this is necessary for the purposes of preparing their observations.
4. The parties to whom the Commission's objections have been addressed or who have been informed of those objections shall, within the time limit fixed, make known in writing their views on the objections. In their written comments, they may set out all matters relevant to the case and may attach any relevant documents in proof of the facts set out. They may also propose that the Commission hear persons who may corroborate those facts. They shall submit one original and 29 copies of their response to the Commission at the address indicated in form CO.
5. Where the Commission intends to take a decision pursuant to Article 14 or 15 of Regulation (EEC) No 4064/89 it shall, before consulting the Advisory Committee on Concentrations, hear pursuant to Article 18(1) and (3) of that Regulation the parties regarding whom the Commission intends to take such a decision.
The procedure provided for in paragraph 2, first and second subparagraphs, paragraph 3, first subparagraph, and paragraph 4 is applicable, mutatis mutandis.
Article 14 Oral hearings
1. The Commission shall afford the notifying parties who have so requested in their written comments the opportunity to put forward their arguments orally in a formal hearing if such parties show a sufficient interest. It may also in other cases afford such parties the opportunity of expressing their views orally.
2. The Commission shall afford other involved parties who have so requested in their written comments the opportunity to express their views orally in a formal hearing if they show a sufficient interest. It may also in other cases afford such parties the opportunity of expressing their views orally.
3. The Commission shall afford parties on whom it proposes to impose a fine or periodic penalty payment who have so requested in their written comments the opportunity to put forward their arguments orally in a formal hearing. It may also in other cases afford such parties the opportunity of expressing their views orally.
4. The Commission shall invite the persons to be heard to attend on such date as it shall appoint.
5. The Commission shall invite the competent authorities of the Member States, to take part in the hearing.
Article 15 Conduct of formal oral hearings
1. Hearings shall be conducted by the Hearing Officer.
2. Persons invited to attend shall either appear in person or be represented by legal representatives or by representatives authorised by their constitution as appropriate. Undertakings and associations of undertakings may be represented by a duly authorised agent appointed from among their permanent staff.
3. Persons heard by the Commission may be assisted by their legal adviser or other qualified persons admitted by the Hearing Officer.
4. Hearings shall not be public. Each person shall be heard separately or in the presence of other persons invited to attend. In the latter case, regard shall be had to the legitimate interest of the undertakings in the protection of their business secrets and other confidential information.
5. The statements made by each person heard shall be recorded.
Article 16 Hearing of third parties
1. If third parties apply in writing to be heard pursuant to Article 18(4), second sentence, of Regulation (EEC) No 4064/89, the Commission shall inform them in writing of the nature and subject matter of the procedure and shall fix a time limit within which they may make known their views.
2. The third parties referred to in paragraph 1 shall make known their views in writing within the time limit fixed. The Commission may, where appropriate, afford the parties who have so requested in their written comments the opportunity to participate in a formal hearing. It may also in other cases afford such parties the opportunity of expressing their views orally.
3. The Commission may likewise afford to any other third parties the opportunity of expressing their views.
Article 17 Confidential information
1. Information, including documents, shall not be communicated or made accessible in so far as it contains business secrets of any person or undertaking, including the notifying parties, other involved parties or of third parties, or other confidential information the disclosure of which is not considered necessary by the Commission for the purpose of the procedure, or where internal documents of the authorities are concerned.
2. Any party which makes known its views under the provisions of this Chapter shall clearly identify any material which it considers to be confidential, giving reasons, and provide a separate non-confidential version within the time limit fixed by the Commission.
CHAPTER IV COMMITMENTS RENDERING THE CONCENTRATION COMPATIBLE
Article 18 Time limits for commitments
1. Commitments proposed to the Commission by the undertakings concerned pursuant to Article 6(2) of Regulation (EEC) No 4064/89 which are intended by the parties to form the basis for a decision pursuant to Article 6(1)(b) of that Regulation shall be submitted to the Commission within not more than three weeks from the date of receipt of the notification.
2. Commitments proposed to the Commission by the undertakings concerned pursuant to Article 8(2) of Regulation (EEC) No 4064/89 which are intended by the parties to form the basis for a decision pursuant to that Article shall be submitted to the Commission within not more than three months from the date on which proceedings were initiated. The Commission may in exceptional circumstances extend this period.
3. Articles 6 to 9 shall apply mutatis mutandis to paragraphs 1 and 2 of this Article.
Article 19 Procedure for commitments
1. One original and 29 copies of commitments proposed to the Commission by the undertakings concerned pursuant to Article 6(2) or Article 8(2) of Regulation (EEC) No 4064/89 shall be submitted to the Commission at the address indicated in form CO.
2. Any party proposing commitments to the Commission pursuant to Articles 6(2) or Article 8(2) of Regulation (EEC) No 4064/89 shall clearly identify any material which it considers to be confidential, giving reasons, and provide a separate non-confidential version within the time limit fixed by the Commission.
CHAPTER V MISCELLANEOUS PROVISIONS
Article 20 Transmission of documents
1. Transmission of documents and invitations from the Commission to the addressees may be effected in any of the following ways:
(a) delivery by hand against receipt;
(b) registered letter with acknowledgement of receipt;
(c) fax with a request for acknowledgement of receipt;
(d) telex;
(e) electronic mail with a request for acknowledgement of receipt.
2. Unless otherwise provided in this Regulation, paragraph 1 also applies to the transmission of documents from the notifying parties, from other involved parties or from third parties to the Commission.
3. Where a document is sent by telex, by fax or by electronic mail, it shall be presumed that it has been received by the addressee on the day on which it was sent.
Article 21 Setting of time limits
In fixing the time limits provided for pursuant to Article 4(2), Article 5(2), Article12(1) and (2), Article 13(2) and Article 16(1), the Commission shall have regard to the time required for preparation of statements and to the urgency of the case. It shall also take account of working days as well as public holidays in the country of receipt of the Commission's communication.
These time limits shall be set in terms of a precise calendar date.
Article 22 Receipt of documents by the Commission
1. In accordance with the provisions of Article 4(1) of this Regulation, notifications must be delivered to the Commission at the address indicated in form CO or have been dispatched by registered letter to the address indicated in form CO before the expiry of the period referred to in Article 4(1) of Regulation (EEC) No 4064/89.
Additional information requested to complete notifications pursuant to Article 4(2) and (4) or to supplement notifications pursuant to Article 5(2) must reach the Commission at the aforesaid address or have been dispatched by registered letter before the expiry of the time limit fixed in each case.
Written comments on Commission communications pursuant to Article 12(1) and (2), Article 13(2) and Article 16(1) must have reached the Commission at the aforesaid address before the expiry of the time limit fixed in each case.
2. Time limits referred to in subparagraphs two and three of paragraph 1 shall be determined in accordance with Article 21.
3. Should the last day of a time limit fall on a day which is not a working day or which is a public holiday in the country of dispatch, the time limit shall expire on the following working day.
Article 23 Definition of working days
The expression 'working days` in this Regulation means all days other than Saturdays, Sundays, public holidays and other holidays as determined by the Commission and published in the Official Journal of the European Communities before the beginning of each year.
Article 24 Repeal
Regulation (EEC) No 3384/94 is repealed.
Article 25 Entry into force
This Regulation shall enter into force on 21 March 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 March 1998. | [
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COUNCIL REGULATION (EC) No 1923/2004
of 25 October 2004
establishing certain concessions for the Swiss Confederation in the form of Community tariff quotas for certain processed agricultural products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, and Slovakia, and in particular Article 6(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Within the framework of the preferential Agreement between the European Economic Community and the Swiss Confederation (1) concluded by Regulation (EEC) No 2840/72 (2) a concession regarding processed agricultural products was granted to that country.
(2)
Following the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, the said concession should be adapted to take account of the specific arrangements which existed for trade in processed agricultural products between these ten countries, on the one hand, and Switzerland, on the other.
(3)
To accomplish this, negotiations were completed on 25 June 2004 regarding the signature of an agreement which would make the adaptations to the abovementioned preferential agreement needed to take account of the effects of the enlargement of the European Union.
(4)
However, as time was too short, the agreement could not enter into force for 1 May 2004, and in such circumstances the Community has to adopt the measures needed to resolve the situation.
(5)
The measures are to take the form of an autonomous Community tariff quota covering the preferential tariff concessions applied under the agreement to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
(6)
A tariff quota was set in 2004 for the same product under order No 09.0914 by Commission Regulation (EC) No 2232/2003 (3). The new tariff quota is in addition to the existing concession.
(7)
The Swiss Confederation has also given a political undertaking, subject to reciprocity, to adopt independent transitional measures in favour of the Community having legal effect from 1 May 2004,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 May to 31 December 2004, the merchandise originating in Switzerland listed in the Annex is subject to an open tariff quota according to the conditions specified.
Article 2
The quota referred to in Article 1 is to be administered by the Commission in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 (4).
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 25 October 2004. | [
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Commission Decision
of 30 January 2002
amending for the seventh time Decision 2000/284/EC establishing the list of approved semen collection centres for imports of equine semen from third countries
(notified under document number C(2002) 336)
(Text with EEA relevance)
(2002/73/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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(1), as last amended by Commission Decision 95/176/EC(2), and in particular Article 17(3)(b) thereof,
Whereas:
(1) Commission Decision 2000/284/EC(3), as last amended by Decision 2001/734/EC(4), established the list of approved semen collection centres for imports of equine semen from third countries.
(2) The competent authorities of the United States of America officially informed the Commission of the approval in accordance with the provisions of Directive 92/65/EEC of three additional equine semen collection centres.
(3) It is appropriate to amend the list in the light of new information received from the third countries concerned, and to highlight the amendments in the Annex for clarity.
(4) 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 Annex to Decision 2000/284/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 30 January 2002. | [
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COMMISSION REGULATION (EC) No 1830/96 of 20 September 1996 concerning the stopping of fishing for cod by vessels flying the flag of Portugal
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 2870/95 (2), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3076/95 of 22 December 1995 allocating, for 1996, certain catch quotas between Member States for vessels fishing in the Norwegian exclusive economic zone and the fishing zone around Jan Mayen (3), provides for cod quotas for 1996;
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 cod in the waters of ICES divisions I, II a, b (Norwegian waters north of 62 °N) by vessels flying the flag of Portugal or registered in Portugal have reached the quota allocated for 1996; whereas Portugal has prohibited fishing for this stock as from 30 August 1996; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of cod in the waters of ICES divisions I, II a, b (Norwegian waters north of 62 °N) by vessels flying the flag of Portugal or registered in Portugal are deemed to have exhausted the quota allocated to Portugal for 1996.
Fishing for cod in the waters of ICES divisions I, II a, b (Norwegian waters north of 62 °N) by vessels flying the flag of Portugal or registered in Portugal 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 application of 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.
It shall apply with effect from 30 August 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 September 1996. | [
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Commission Decision
of 30 March 2004
amending Annex I to Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption
(notified under document number C(2004) 1076)
(Text with EEA relevance)
(2004/319/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), and in particular Article 19(1) thereof,
Whereas:
(1) A list of third countries from which Member States are authorised to import live molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption in the Community, as well as model certificates that must accompany such consignments were drawn up by Decision 2003/804/EC(2).
(2) At the time of adoption of Decision 2003/804/EC, no third countries could be listed in Annex I to the Decision.
(3) Since the entering into force of Directive 91/67/EEC, the animal health requirements for import of aquaculture animals into the Community from third countries have been unchanged. Pending the establishment of harmonised certification requirements, the Member States have been responsible for ensuring that imports of aquaculture animals and products thereof from third countries be subjected to conditions at least equivalent to those applying to placing on the market of Community products according to Article 20(3) of Directive 91/67/EEC.
(4) There is therefore an ongoing trade in live bivalve molluscs for the purpose of human consumption between certain third countries and certain Member States. This trade would be blocked from 1 May 2004, when Decision 2003/804/EC will be implemented.
(5) In order not to interrupt, unnecessarily, ongoing trade from third countries that Member States have found to comply with conditions at least equivalent to those applicable for placing on the market within the Community, certain third countries should be included in Annex I to this Decision for a interim period of time, pending the completion of the on-the-spot inspections provided for by Community rules.
(6) Such temporary listing should be limited to imports of live bivalve molluscs for the purpose of human consumption only, from areas authorised according to Council Directive 91/492/EEC(3).
(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
Annex I to Decision 2003/804/EC is replaced by the Annex to this Decision.
Article 2
This Decision shall apply from 1 May 2004.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 30 March 2004. | [
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Commission Directive 2001/59/EC
of 6 August 2001
adapting to technical progress for the 28th time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1), as last amended by Commission Directive 2000/33/EC(2), and in particular Article 28 thereof,
Whereas:
(1) Annex I to Directive 67/548/EEC contains a list of dangerous substances, together with particulars of the classification and labelling of each substance. Present scientific and technical knowledge has shown that the list of dangerous substances in that Annex should be adapted to technical progress. Specifically, Tables A and B in the Foreword to Annex I require inclusion of the Finnish and Swedish nomenclature. Certain language versions of the Directive require technical corrections in specific sections of the Foreword to Annex I. It is useful to publish an updated and recast version of the Foreword to Annex I. Furthermore, the list itself should be updated to include notified new substances and further existing substances; the identity, nomenclature, classification, labelling and/or concentration limits for certain substances should be amended to reflect increased technical knowledge; the entries for three substances should be deleted from the list, since they are covered by other entries.
(2) Annex II to Directive 67/548/EEC contains a list of symbols and indications of danger for dangerous substances and preparations. Annex III to Directive 67/548/EEC contains a list of phrases indicating the nature of special risks attributed to dangerous substances and preparations. Annex IV to Directive 67/548/EEC contains a list of the phrases indicating the safety advice concerning dangerous substances and preparations. Annexes II, III and IV require inclusion of the Finnish and Swedish wordings. Certain language versions of the Directive require technical corrections in specific sections of Annexes II, III and IV. It is useful to publish updated and recast versions of Annexes II, III and IV.
(3) Article 1 of European Parliament and Council Directive 1999/33/EC(3) permitted Sweden from 1 January 1999 until 31 December 2000 to require the use of the additional R-phrase R340, not listed in Annex III, for substances classified as carcinogenic, category 3, instead of R-phrase R40. Member State experts have agreed to revise the text of R-phrase R40 to refer to carcinogenic, category 3 substances. A new R-phrase R-68 should be added to Annex III, containing the original text of R-phrase R40 for classification and labelling of mutagenic category 3 and harmful substances listed in Annex I. The classification and labelling and concentration limit references in Annex I that include R40 should therefore be revised for such mutagenic category 3 and harmful substances.
(4) Annex V to Directive 67/548/EEC lays down the methods for the determination of the physicochemical properties, toxicity and ecotoxicity of substances and preparations. It is necessary to adapt that Annex to technical progress. It is appropriate to reduce to a minimum the number of animals used for experimental purposes, in accordance with Council Directive 86/609/EEC(4). Chapter B.1 should therefore be deleted, since alternative methods, using fewer animals, are available. Due regard should be given to methods recognised and recommended by competent international organisations. The methods for subchronic oral toxicity in Chapters B.26 and B.27 should be revised accordingly and Chapters C.14 to C.20, on environmental toxicity should be added to Annex V. Certain language versions require technical corrections to specific sections of Annex V.
(5) Annex VI to Directive 67/548/EEC contains a guide to the classification and labelling of dangerous substances and preparations. It is necessary to adapt that Annex to technical progress. Certain language versions of the Directive require technical corrections in specific sections of Annex VI. Specific sections require publication in Finnish and Swedish. It is useful to publish an updated and recast version of Annex VI, particularly including reference to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(5).
(6) In accordance with the provisions of Directive 67/548/EEC, any new substance placed on the market should be notified to the competent authorities of the Member States by means of a notification containing certain information including a technical dossier. For new substances supplied and then consumed in a chemical reaction which are strictly controlled (intermediates with limited exposure), it is technically justifiable and appropriate to define a reduced test package (RTP). Current technical progress can guarantee minimum exposure for man and the environment through rigorous containment of the process.
(7) The technical dossier should contain a test package for intermediates with limited exposure which would supply the information necessary to evaluate their foreseeable risk for man and the environment. Annex VII should specify the content of this technical dossier and Annex VIII should detail additional tests and studies that may be required for intermediates with limited exposure marketed in higher volumes.
(8) The criteria for the notification of intermediates with limited exposure may need to be revised in the light of technical progress and experience gained with such notifications made in accordance with the new specific requirements laid down in this Directive.
(9) The measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Dangerous Substances and Preparations,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 67/548/EEC is hereby amended as follows:
1. Annex I is amended as follows:
(a) Tables A and B in the foreword to Annex I shall include the Finnish and Swedish nomenclature. Certain language versions of the Directive shall include technical corrections in specific sections of the Foreword and Tables A and B. The Foreword including Tables A and B is replaced by Annex 1A to this Directive.
(b) The corresponding entries are replaced by the entries in Annex 1B to this Directive.
(c) The entries in Annex 1C to this Directive are inserted.
(d) The entries in Annex 1D to this Directive are deleted.
(e) The entries shown in Annex 1E to this Directive are amended by replacing classification references to "Muta. Cat. 3; R40" by "Muta. Cat. 3; R68" and by replacing labelling references to R40 by R68.
(f) The entries shown in Annex 1F to this Directive are amended by replacing classification references to "Xn; R40" by "Xn; R68" and by replacing labelling references to R40 by R68.
(g) The entry shown in Annex 1G to this Directive is amended by replacing concentration limit references to "Xn; R40/20/21/22" by "Xn; R68/20/21/22".
(h) The entry shown in Annex 1H to this Directive is amended by replacing concentration limit references to "Xn; R20/21/22-40/20/21/22" by "Xn; R20/21/22-68/20/21/22".
(i) The entries shown in Annex 1I to this Directive are amended by replacing classification references to "Muta. Cat. 3; R40" by "Muta. Cat. 3; R68".
(j) The entries shown in Annex 1J to this Directive are amended by replacing classification references to "Muta. Cat. 3; R40" by "Muta. Cat. 3; R68" and by adding R68 to the label.
2. Annex II shall include the Swedish and Finnish versions and technical corrections to certain language versions. Annex II is therefore replaced by Annex 2 to this Directive.
3. Annex III shall include the Swedish and Finnish versions and technical corrections to certain language versions. Annex III is therefore replaced by Annex 3 to this Directive.
4. Annex IV shall include the Swedish and Finnish versions and technical corrections to certain language versions. Annex IV is therefore replaced by Annex 4 to this Directive.
5. Annex V is amended as follows:
(a) Chapter B.1 is deleted.
(b) The title of the English version of Chapter B13/14 is replaced by the text in Annex 5A.
(c) The last sentence of the French version of paragraph 1.4.2.2 of Chapter B.39 is replaced by the text in Annex 5B.
(d) The equation in the last sentence of section 1.7.1.6 of the English version of Chapter B.41 is replaced by the text in Annex 5C.
(e) The test method for subchronic oral toxicity tests in rodents is amended in accordance with Annex 5D to this Directive, which replaces Chapter B.26.
(f) The test method for subchronic oral toxicity tests in non-rodents is amended in accordance with Annex 5E to this Directive, which replaces Chapter B.27.
(g) The seven new test methods for environmental toxicity in Annex 5F to this Directive are included in Part C.
6. Annex VI shall include the Swedish and Finnish versions, technical corrections to certain language versions and further detailed technical updates. Annex VI is therefore replaced by Annex 6 to this Directive.
7. Annex VII.A shall include a technical dossier containing a test package for intermediates with limited exposure, supplying the information necessary to evaluate their foreseeable risk for man and the environment. Annex VII.A is therefore amended as follows:
(a) the text in Annex 7A to this Directive is inserted before section 0 of Annex VII.A;
(b) the text in Annex 7B to this Directive is inserted at the end of Annex VII.A.
8. Annex VIII shall include additional tests and studies that may be required for intermediates with limited exposure marketed in higher volumes. Annex VIII is therefore amended as follows:
(a) the text in Annex 8A to this Directive is inserted between "Level 1" and "Physicochemical studies" of Annex VIII;
(b) the text in Annex 8B to this Directive is inserted between "Level 2" and "Toxicological studies" of Annex VIII.
Article 2
1. Member States shall adopt and publish before 30 July 2002 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
2. Member States shall apply the laws, regulations and administrative provisions referred to in paragraph 1:
(a) as from 30 July 2002 or an earlier date for dangerous substances;
(b) as from 30 July 2002 for preparations not within the scope of Council Directive 91/414/EEC(6) or European Parliament and Council Directive 98/8/EC(7);
(c) as from 30 July 2004 for preparations within the scope of Directive 91/414/EEC or Directive 98/8/EC.
They shall forthwith inform the Commission thereof.
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.
3. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive and a correlation table between this Directive and the national provisions adopted.
Article 3
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 6 August 2001. | [
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*****
COUNCIL DIRECTIVE
of 25 February 1986
amending, on account of the accession of Spain and Portugal, Directive 76/630/EEC concerning surveys of pig production to be carried out by Member States
(86/83/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 396 thereof,
Having regard to the proposal from the Commission,
Whereas Directive 76/630/EEC (1), as last amended by Regulation (EEC) No 3768/85 (2), provided for surveys of pig production to be carried out by the Member States;
Whereas, on account of the accession of Spain and Portugal, certain technical amendments should be made to that Directive and, in particular, the Community's financial contribution to the expenses incurred by the new Member States for the surveys to be carried out in 1986, 1987 and 1988 should be defined;
Whereas, in accordance with the conclusions of the Negotiating Conference, special arrangements should be made for Portugal owing to the technical problems to be overcome in connection with the implementation of the surveys,
HAS ADOPTED THIS DIRECTIVE:
Article 1
With effect from 1 March 1986 Directive 76/630/EEC shall be amended as follows:
1. the following subparagraph shall be added to Article 1:
'Portugal shall carry out the first survey at the beginning of December 1986. In the autonomous region of Madeira only, the results of the survey to be carried out in December 1986 shall be obtained from an analysis of the agricultural survey to be carried out there in the same year in accordance with Council Regulation (EEC) No 1463/84 of 24 May 1984 on the organization of surveys on the structure of agricultural holdings for 1985 and for 1987 (2), as amended by Regulation (EEC) No 3768/85 (3).
(2) OJ No L 142, 29. 5. 1984, p. 3.
(3) OJ No L 362, 31. 12. 1985, p. 8.';
2. the following subparagraph shall be added to Article 4 (1):
'By way of derogation from the first subparagraph, in the Portuguese autonomous regions of the Azores and Madeira only, the surveys to be carried out in April and August 1987 and 1988 may be limited to the calculation of the total pig population.';
3. the following Article shall be inserted:
'Article 13a
The expenses necessarily incurred by the Kingdom of Spain and the Portuguese Republic in carrying out the survey provided for by this Directive in 1986, 1987 and 1988 shall be charged as a flat-rate sum to the budget of the European Communities.'
Article 2
This Directive is addressed to the Member States.
Done at Brussels, 25 February 1986. | [
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COMMISSION DECISION of 26 July 1983 relating to applications for reimbursement under Council Decision 80/1097/EEC on financial aid from the Community for the eradication of African swine fever in Sardinia (Only the Italian text is authentic) (83/464/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 80/1097/EEC of 11 November 1980 on financial aid from the Community for the eradication of African swine fever in Sardinia (1), and in particular Article 7 (3) thereof,
Whereas reimbursement applications to be sent in by the Italian Republic to the Community must include certain items of information making it possible to verify that the expenditure complies with the provisions of Decision 80/1097/EEC and the items given in the plan presented by the Italian Republic and approved in accordance with Article 7 (3) of the Decision;
Whereas for effective verification the Member States must keep the documentary evidence at the disposal of the Commission for a period of three years after payment of the last reimbursement for a project;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee of the European Agricultural Guidance and Guarantee Fund,
HAS ADOPTED THIS DECISION:
Article 1
1. The reimbursement applications referred to in Article 7 (1) of Decision 80/1097/EEC must be submitted in accordance with the tables given in the Annexes.
2. The Italian Republic shall communicate to the Commission, with the first application for reimbursement, copies of national implementing texts and administrative instructions, with forms and any other documents relating to the administrative implementation of the operation.
Article 2
The Italian Republic shall, for a period of three years from the payment of the last reimbursement in respect of a given expenditure, keep on file at the disposal of the Commission all supporting documents or certified copies thereof in their possession, on the basis of which the aids provided for in Decision 80/1097/EEC were approved.
This Decision is addressed to the Italian Republic.
Done at Brussels, 26 July 1983. | [
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COUNCIL DECISION of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Lithuania (98/265/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre-accession strategy, and in particular on the establishment of accession partnerships (1), and in particular to Article 2 thereof,
Having regard to the proposal from the Commission,
Whereas the Luxembourg European Council stated that the accession partnership is a new instrument, the key feature of the enhanced pre-accession strategy;
Whereas Regulation (EC) No 622/98 sets out that the Council shall decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual accession partnerships, as they are submitted to each applicant country, as well as on subsequent significant adjustments applicable to them;
Whereas Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria; whereas, where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;
Whereas the Luxembourg European Council decided that the implementation of the accession partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;
Whereas the Commission's opinion presented an objective analysis on the Republic of Lithuania's preparations for membership and identified a number of priority areas for further work;
Whereas, in order to prepare for membership, the Republic of Lithuania should draw up a national programme for the adoption of the acquis; whereas this programme should set out a timetable for achieving the priorities and intermediate objectives established in the accession partnership,
HAS DECIDED AS FOLLOWS:
Article 1
In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the accession partnership for the Republic of Lithuania are set out in the Annex hereto, which forms an integral part of this Decision.
Article 2
The implementation of the accession partnership will be examined in the Europe Agreement bodies and through the appropriate Council bodies to which the Commission will report regularly.
Article 3
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Done at Brussels, 30 March 1998. | [
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COMMISSION REGULATION (EC) No 2739/95 of 28 November 1995 amending Regulation (EC) No 1370/95 laying down detailed rules for implementing the system of export licences in the pigmeat sector
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 the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Articles 8 (2) and 13 (12) thereof,
Whereas Commission Regulation (EC) No 1370/95 (3) lays down detailed rules for implementing the system of export licences in the pigmeat sector;
Whereas, in order to guarantee exporters equal access to export licences, the submission period for applications, running from Monday to Wednesday, should be extended by one day where those days are holidays for the competent authorities of a Member State;
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
Regulation (EC) No 1370/95 is hereby amended as follows:
1. the following subparagraph is added to Article 3 (1):
'However, where those three days are holidays for the competent authorities of a Member State, applications may be lodged on the Thursday following that period in the Member State in question.`;
2. the introductory phrase of Article 7 (1) is replaced by the following:
'1. Member States shall communicate to the Commission, each Wednesday from 1 p.m., or, where the second subparagraph of Article 3 (1) applies, each Thursday from 1 p.m., by fax for the preceding period:`;
3. in Annex II, the words 'Monday . . . to Wednesday . . .` are deleted.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 1995. | [
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COUNCIL REGULATION (EEC) No 2146/90 of 16 July 1990 on the application of Decision No 3/90 of the EEC-Iceland Joint Committee amending Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement between the European Economic Community and the Republic of Iceland (1) signed on 22 July 1972 entered into force on 1 April 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 said Agreement, the Joint Committee adopted Decision No 3/90 amending that Protocol;
Whereas it is necessary to apply that Decision in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 3/90 of the EEC-Iceland Joint Committee shall apply in the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 1990. | [
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COUNCIL DECISION
of 8 December 2008
appointing the Chairman of the Military Committee of the European Union
(2009/22/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,
Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,
Recalling Council Decision 2001/79/CFSP of 22 January 2001 setting up the Military Committee of the European Union (1),
Whereas:
(1)
Pursuant to Article 3 of Decision 2001/79/CFSP, the Chairman of the Military Committee is to be appointed by the Council on the recommendation of the Committee meeting at the level of the Chiefs of Defence.
(2)
At its meeting on 29 October 2008, the Committee meeting at the level of the Chiefs of Defence recommended that General Håkan SYRÉN be appointed Chairman of the Military Committee of the European Union,
HAS DECIDED AS FOLLOWS:
Article 1
General Håkan SYRÉN is appointed Chairman of the Military Committee of the European Union for a period of three years as from 6 November 2009.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 8 December 2008. | [
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*****
COMMISSION DECISION
of 13 April 1984
concerning the Grand Duchy of Luxembourg pursuant to Article 13 (2) of Regulation (EEC, Euratom, ECSC) No 2892/77 concerning own resources accruing from value added tax
(Only the French text is authentic)
(84/281/Euratom, ECSC, EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 70/243/ECSC, EEC, Euratom of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (1),
Having regard to Council Regulation (EEC, Euratom, ECSC) No 2892/77 of 19 December 1977 implementing in respect of own resources accruing from value added tax the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (2), as last amended by Regulation (EEC, Euratom, ECSC) No 3625/83 (3), and in particular the first subparagraph of Article 9 (3), the second subparagraph of Article 11 (1) and Article 13 (2) thereof,
Whereas the Commission, pursuant to Article 13 (2) of Regulation (EEC, Euratom, ECSC) No 2892/77, adopted, for 1980, Decision 80/1134/EEC, Euratom, ECSC (4), for 1981, Decision 82/758/ECSC, EEC, Euratom (5), and, for 1982, Decision 83/145/EEC, Euratom, ECSC (6);
Whereas the Grand Duchy of Luxembourg has requested the extension of Decision 83/145/EEC, Euratom, ECSC, adopted for 1982;
Whereas, for the early years of implementation of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (7), authorizations were granted annually; whereas, from 1983, authorizations should be granted for as long as Regulation (EEC, Euratom, ECSC) No 2892/77 remains valid, subject to review for each year;
Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,
HAS ADOPTED THIS DECISION:
Article 1
Decision 83/145/EEC, Euratom, ECSC is hereby extended for 1983 and subsequent years.
Article 2
This Decision is addressed to the Grand Duchy of Luxembourg.
Done at Brussels, 13 April 1984. | [
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*****
COMMISSION REGULATION (EEC) No 2895/89
of 27 September 1989
re-establishing the levying of customs duties on activated carbon, falling within CN code 3802 10 00, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 4257/88 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4257/88 of 19 December 1988 applying generalized tariff preferences for 1989 in respect of certain industrial products originating in developing countries (1), and in particular Article 15 thereof,
Whereas, pursuant to Articles 1 and 12 of Regulation (EEC) No 4257/88, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex III, other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceiling fixed in column 7 of Annex I;
Whereas, as provided for in Article 13 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of activated carbon, falling within CN code 3802 10 00, the individual ceiling was fixed at ECU 800 000; whereas, on 1 June 1989, imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; 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 1 October 1989, the levying of customs duties, suspended pursuant to Regulation (EEC) No 4257/88, shall be re-established on imports into the Community of the following products originating in China:
1.2.3 // // // // Order No // CN code // Description // // // // 10.0435 // 3802 10 00 // Activated carbon // // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 September 1989. | [
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*****
COMMISSION DECISION
of 8 May 1984
on the implementation of the reform of agricultural structures in Greece pursuant to Council Directive 72/159/EEC
(Only the Greek text is authentic)
(84/271/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 84/140/EEC (2), and in particular Article 18 (3) thereof,
Whereas on 13 February 1984 the Greek Government notified the Ministerial Decree of 2 February 1984 laying down for 1984 the fixing of the comparable earned income;
Whereas, under Article 18 (3) of Directive 72/159/EEC, the Commission has to determine whether, having regard to the Ministerial Decree of 2 February 1984, the existing provisions in Greece for the implementation of Directive 72/159/EEC continue to satisfy the conditions for financial contribution by the Community;
Whereas the abovementioned Ministerial Decree of 2 February 1984 is consistent with the aims and requirements of Directive 72/159/EEC;
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
Having regard to the Ministerial Decree of 2 February 1984, the provisions concerning the implementation in Greece of Directive 72/159/EEC continue to satisfy the conditions for financial contribution by the Community to common measures as referred to in Article 15 of Directive 72/159/EEC.
Article 2
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 8 May 1984. | [
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COUNCIL DECISION
of 18 February 2008
on the conclusion of the Agreement between the European Community and the Republic of Lebanon on certain aspects of air services
(2008/191/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof and Article 300(3), first subparagraph,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
By a decision of 5 June 2003 the Council has authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements by a Community agreement.
(2)
The Commission has negotiated on behalf of the Community an agreement with the Republic of Lebanon on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.
(3)
The agreement has been signed on behalf of the Community subject to its possible conclusion at a later date, in conformity with Council Decision 2006/543/EC (2).
(4)
The agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The agreement between the European Community and the Republic of Lebanon on certain aspects of air services is approved on behalf of the Community.
Article 2
The president of the Council is authorised to designate the person empowered to make the notification provided in Article 8(1) of the Agreement.
Done at Brussels, 18 February 2008. | [
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*****
COMMISSION REGULATION (EEC) No 468/88
of 17 February 1988
opening an invitation to tender for the levy reduction on sorghum imported from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1799/87 of 25 June 1987 on special arrangements for imports of maize and sorghum into Spain from 1987 to 1990 (1), and in particular Article 3 (2) and (8) thereof,
Whereas as part of an agreement with the United States of America the Community has undertaken for the years 1987 to 1990 to import a certain quantity of sorghum into Spain; whereas so this commitment can be met, and in order to encourage the import before 30 June 1988 of the specified quantities, full use should be made of the provision in Regulation (EEC) No 1799/87 for setting the import levy reduction on the product in question by tender; whereas to that end provision should be made for the Commission, on the basis of tenders received, to fix a reduction for a given quantity and for tenderers who accept the conditions so fixed to be awarded contracts;
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No 1799/87, the levy reduction is to be applied to maize imported into Spain under cover of a licence valid in that Member State alone;
Whereas Council Regulation (EEC) No 486/85 of 26 February 1985 on the arrangemets applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States or in the overseas countries and territories (2), as last amended by Regulation (EEC) No 1821/87 (3), reduces the levy on sorghum by 50 %; whereas accumulation of that reduction with the reduction provided for in this Regulation would result in disturbance to the Spanish cereals market; whereas for the sake of the satisfactory functioning of the tendering procedure such accumulation should therefore be excluded;
Whereas the specific additional rules required for administering the tendering procedure should be laid down, in particular rules on the lodging by operators and release of the security against fulfilment of their obligations, in particular the obligation to process or use the imported product in Spain;
Whereas the Management Committee for Cereals has not issued an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. A tendering procedure is hereby opened for the reduction in the import levy on sorghum to be imported into Spain.
2. Levies reduced as a result of operating this procedure shall not be reduced as provided for in Article 9 (2) of Council Regulation (EEC) No 486/85.
3. The invitation shall be open until 26 February 1988. During that period weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender.
Article 2
1. Tenders shall be lodged in writing with the competent authority against a receipt or sent to that authority by telex or telegram.
2. Tenders shall indicate:
- the weekly invitation in response to which they are made,
- the name and exact address of the tenderer, with telex or telephone number,
- the nature and quantity of the product to be imported,
- the import levy reduction proposed, in ECU per tonne,
- the origin of the sorghum to be imported.
3. Tenders shall be valid only if:
(a) evidence, provided before expiry of the time limit for submission that the tenderer has lodged a security for an amount per tonne equal to that of the reduction proposed in the tender;
(b) they are accompanied by a written undertaking to lodge with the competent authority within two days of receipt of notification of award as mentioned in Article 4 (3) an application for an import licence for the quantities awarded together with an application for advance fixing of the levy at the reduced rate proposed in the tender and an application for advance fixing of the Spanish monetary compensatory amount;
(c) they are for at least 50 000 tonnes.
4. Tenders not meeting the requirements set out in paragraphs 1 to 3 or incorporating terms other than those provided for in the notice of invitation to tender shall not be valid.
5. Once submitted, tenders may not be withdrawn.
Article 3
1. Notwithstanding Article 21 (1) of Commission Regulation (EEC) No 3183/80 (1) import licences shall, for the purpose of determination of the period of validity, be deemed to have been issued on the last day of the period set for the submission of tenders.
2. Import licences issued in connection with awards made under this procedure shall be valid from the date on which they are issued, as indicated in paragraph 1, until 30 June 1988.
3. Notwithstanding Article 9 of Regulation (EEC) No 3183/80, rights conferred by import licences as mentioned in this Article shall not be transferable.
Article 4
1. On the basis of the tender submitted and forwarded, the Commission shall decide in accordance with the procedure laid down in Article 26 of Commission Regulation (EEC) No 2727/75 (2):
- either to set a maximum reduction in the import levy, or
- to make no award.
If a maximum reduction on import is set, awards shall be made to tenderers offering the maximum or a smaller reduction.
2. The Commission may also, on the basis of the tenders submitted and forwarded, fix in accordance with the procedure indicated in paragraph 1 a reduction applicable to importation of a specified quantity. The award shall be made to the tenderer notifying by telex, at the latest by 17.00 on the Friday following fixing of the reduction, his willingness to import the said quantity from the country of origin indicated in his tender at the levy reduction fixed. Should a number of tenderers indicate acceptance the quantity shall be divided among them.
3. The competent Spanish authority shall, as soon as the Commission has reached a decision as indicated in paragraphs 1 and 2, notify all tenderers in writing of the outcome of their response to the invitation to tender.
Article 5
1. Where a successful tenderer lodges an application for an import licence as mentioned in Article 2 (3) (b) within the time limit set, a licence shall be issued for the quantities for which he has been awarded a contract.
Should the contract be awarded under Article 4 (2), the successful tenderer must within two working days following receipt of notification of award as mentioned in Article 4 (3):
(a) lodge an application for an import licence together with an application for advance fixing of the import levy reduced by the amount fixed under Article 4 (2) and an application for advance fixing of the Spanish monetary compensatory amount;
(b) provide evidence that the security mentioned in Article 2 (3) (a) has been supplemented by an amount corresponding to the difference between the levy reduction tendered and that fixed under Article 4 (2).
2. If the undertaking specified in Article 2 (3) (b) and/or the obligations set out in paragraph 1 above are not fulfilled, the tendering security shall be forfeit.
Article 6
1. The tendering security shall be released:
(a) where the tender is not accepted;
(b) where the tenderer provides evidence by means of a sales invoice to a processor or consumer in Spain that the products imported have been processed or used in Spain. An amount of 20 ECU per tonne shall however be released on production of proof by the tenderer, following unloading, that the product has been imported from the country of origin indicated in the tender;
(c) where the successful tenderer provides evidence that the product imported has become unfit for any use or where import cannot be effected for reasons of force majeure.
2. Article 33 of Regulation (EEC) No 3183/80 shall apply to the security.
Article 7
Tenders lodged must be transmitted by the competent Spanish authority to the Commission to arrive not more than one-and-a-half hours after the time limit set in the notice of invitation to tender for the lodging of tenders under the weekly invitations. They must be transmitted in the form shown in the Annex.
Should no tenders be received, Spain shall inform the Commission within the same period.
Article 8
The times laid down in this Regulation shall be Brussels time.
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.
Done at Brussels, 17 February 1988. | [
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Commission Regulation (EC) No 1355/2003
of 30 July 2003
amending the rates of refunds applicable to certain products from the sugar sector 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 (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as last amended by Commission Regulation (EC) No 680/2002(2), and in particular Article 27(5)(a) and (15) thereof,
Whereas:
(1) The rates of the refunds applicable from 1 July 2003 to the products listed in the Annex, exported in the form of goods not covered by Annex I to the Treaty, were fixed by Commission Regulation (EC) No 1162/2003(3).
(2) It follows from applying the rules and criteria contained in Regulation (EC) No 760/2003 to the information at present available to the Commission that the export refunds at present applicable should be altered as shown in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of refund fixed by Regulation (EC) No 760/2003 are hereby altered as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 31 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2003. | [
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*****
COMMISSION DECISION
of 14 November 1984
amending Council Decision 82/736/EEC as regards the list of establishments in Sweden approved for the purposes of importing fresh meat into the Community
(84/574/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), as last amended by Directive 83/91/EEC (2), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,
Whereas a list of establishments in Sweden, approved for the purpose of the importation of fresh meat into the Community, was drawn up initially by Council Decision 82/736/EEC (3), as amended by Commission Decision 83/425/EEC (4);
Whereas a routine inspection under Article 5 of Directive 72/462/EEC and Article 3 (1) of Commission Decision 83/196/EEC of 8 April 1983 concerning on-the-spot inspections to be carried out in respect of the importations of bovine animals and swine and fresh meat from non-member countries (5) has revealed that the level of hygiene of one establishment has altered since the last inspection;
Whereas the list of establishments should, therefore, be amended;
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 Annex to Decision 82/736/EEC is hereby replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 November 1984. | [
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Commission Decision
of 17 July 2002
concerning the questionnaire relating to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances
(notified under document number C(2002) 2656)
(2002/605/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(1), and in particular Article 19(4) thereof,
Whereas:
(1) Article 19(4) of Directive 96/82/EC requires the Member States to report on the implementation of this Directive on a three-year basis.
(2) This report has to be established on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure set out in Article 6 of Directive 91/692/EEC of 23 December 1991 on standardising and rationalising reports on the implementation of certain Directives relating to the environment(2).
(3) The three-year period should cover 2003 to 2005 inclusive.
(4) The measures envisaged in this Decision are in accordance with the opinion delivered by the Committee set up by Article 6 of Directive 91/692/EEC,
HAS ADOPTED THIS DECISION:
Article 1
The questionnaire as attached in the Annex is hereby adopted.
Article 2
The Member States shall draw up a report covering the period 2003 to 2005 inclusive in accordance with the questionnaire in the Annex.
Article 3
Member States shall provide the Commission with that report by 30 September 2006 at the latest.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 17 July 2002. | [
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Commission Regulation (EC) No 1578/2001
of 1 August 2001
determining the sensitive production areas and/or the groups of high-quality varieties exempt from application of the quota buyback programme in raw tobacco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 1336/2000(2), and in particular Article 14a thereof,
Whereas:
(1) Under Article 34(2) of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector(3), as last amended by Regulation (EC) No 1441/2001(4), the Commission must determine, on the basis of proposals from the Member States, which sensitive production areas and/or groups of high-quality varieties, up to a maximum of 25 % of each Member State's guarantee threshold, are to be exempt from application of the quota buyback programme.
(2) At the request of some Member States, these groups of high-quality varieties should be determined.
(3) Because Article 35(2) of Regulation (EC) No 2848/98 stipulates that the Member State must make public its intention to sell from 1 September so that other producers may buy the quota before it is actually bought back, this Regulation must apply from 31 August 2001.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities of groups of high-quality varieties exempt from quota buyback for the 2001 harvest are as follows:
in Portugal:
TABLE
in France:
TABLE
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 31 August 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2001. | [
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COMMISSION DECISION of 12 October 1993 on the list of establishments in the Czech Republic approved for the purpose of importing fresh meat into the Community
(93/546/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, ovine and caprine animals and swine and fresh meat or meat products from third countries (1), as last amended by Council Regulation (EEC) No 1601/92 (2), and in particular Article 4 (1) and Article 18 (1) (a) and (b) thereof,
Whereas establishments in third countries cannot be authorized to export fresh meat to the Community unless they satisfy the general and special conditions laid down in Directive 72/462/EEC;
Whereas, in accordance with Article 4 (3) of Directive 72/462/EEC, the Czech Republic has forwarded a list of the establishments authorized to export to the Community;
Whereas Community on-the-spot inspections have shown that the hygiene standards of these establishments are sufficient and they may therefore be entered on a first list of establishments, drawn up in accordance with Article 4 (1) of that Directive, from which imports of fresh meat may be authorized;
Whereas imports of fresh meat from the establishments on the list in the Annex hereto continue to be subject to provisions already laid down, the general provisions of the Treaty and in particular the other Community veterinary regulations, particularly as regards health protection;
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. The establishments in the Czech Republic listed in the Annex are hereby approved for the purposes of exporting fresh meat to the Community.
2. Imports from those establishments shall remain subject to the Community veterinary provisions laid down elsewhere, and in particular those concerning health protection.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 12 October 1993. | [
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COMMISSION REGULATION (EEC) No 2742/93 of 4 October 1993 re-establishing the levying of customs duties on products falling within CN code 9503, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), extended for 1993 by Regulation (EEC) No 3917/92 (2), and in particular Article 9 thereof,
Whereas, pursuant to Articles 1 and 6 of Regulation (EEC) No 3831/90, suspension of customs duties shall be accorded for 1993 to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceilings fixed in column 6 of Annex I;
Whereas, as provided for in Article 7 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of products falling within CN code 9503, originating in China, the individual ceiling was fixed at ECU 26 626 000; whereas on 3 February 1993 imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; 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 9 October 1993, the levying of customs duties, suspended for 1993 pursuant to Council Regulation (EEC) No 3831/90, shall be re-established on imports into the Community of the following products, originating in China:
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, 4 October 1993. | [
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