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COUNCIL DECISION
of 29 March 1996
concerning the signing and provisional application of the International Tropical Timber Agreement 1994 on behalf of the European Community
(96/493/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Whereas the International Tropical Timber Agreement 1994 negotiated on the basis of Resolution 93 (IV) of the text entitled ‘A new partnership for development: Cartagena Commitment’ and the relevant objectives in the final document ‘Cartagena Spirit’ adopted by the United Nations Trade and Development Conference was opened for signing from 1 April 1994 until one month after the date of its entry into force;
Whereas the said Agreement has not yet entered into force;
Whereas, pursuant to Article 42 (3) of the 1983 International Tropical Timber Agreement, that Agreement was extended until the provisional or definitive entry into force of the new Agreement;
Whereas the objectives pursued by the new Agreement fit into the context of the common commercial policy;
Whereas the Member States participate, through financial contributions, in the measures provided for in that Agreement;
Whereas all the Member States have expressed their intention to sign and to contribute towards the provisional application of the Agreement; whereas the Community therefore should sign the Agreement lodged with the United Nations Secretary-General and, as soon as possible, notify its intention to apply the Agreement provisionally,
HAS DECIDED AS FOLLOWS:
Article 1
1. The Community shall sign the International Tropical Timber Agreement 1994 lodged with the United Nations Secretary-General.
The text of the Agreement is attached to this Decision.
2. The Community shall notify the United Nations Secretary-General of its intention to apply the Agreement referred to in paragraph 1 provisionally, in accordance with Articles 40 and 41 (2) thereof.
Article 2
The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement on behalf of the Community and deposit the notification of its provisional application by the Community, together with the declaration attached to this Decision.
Done at Brussels, 29 March 1996. | [
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*****
COMMISSION DECISION
of 5 July 1982
establishing that the apparatus described as 'JEOL - Electron Microscope, model JEM-200 CX' may not be imported free of Common Customs Tariff duties
(82/484/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 28 December 1981, the Federal Republic of Germany 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 'JEOL - Electron Microscope, model JEM-200 CX', ordered 9 December 1980 and to be used for the study of the processes of segregation at grain and phase boundaries and also for the study of the processes of precipitation and spinodal segregation, 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 14 May 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 an electron microscope; whereas its objective technical characteristics such as the very high resolution power and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus 'EM 400 ST with FEG, STEM unit and EDS system' and 'EM 400 T' manufactured by Philips Nederland BV, NL-Boschdijk 525, Eindhoven,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'JEOL - Electron Microscope, model JEM-200 CX', which is the subject of an application by the Federal Republic of Germany of 28 December 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 5 July 1982. | [
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COUNCIL REGULATION (EC) No 1226/2009
of 20 November 2009
fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2010
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,
Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (2), and in particular Article 2 thereof,
Having regard to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks (3), and in particular Articles 5 and 8(3) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries, as well as in the light of any advice received from the Baltic Sea Regional Advisory Council.
(2)
Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunity limits by fishery or group of fisheries and the allocation of these opportunities to Member States.
(3)
In order to ensure effective management of fishing opportunities, the specific conditions under which fishing operations are carried out should be established.
(4)
The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.
(5)
Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities.
(6)
In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.
(7)
Fishing opportunities should be used in accordance with Community legislation, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (4), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (5), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (6), Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (7), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (8), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (9), Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound (10), Regulation (EC) No 1098/2007 and Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing (11).
(8)
To ensure that annual fishing opportunities are set at a level commensurate with the sustainable exploitation of resources in environmental, economic and social terms, account has been taken of the guiding principles for fixing total allowable catches (TACs) as described in the Communication from the Commission on the Consultation on fishing opportunities for 2010.
(9)
In order to reduce discards, it is appropriate to establish a high-grading ban for any species subject to quota, implying a prohibition on discarding species subject to quota that can legally be caught and landed under Community fisheries legislation.
(10)
To help conserve fish stocks, certain supplementary measures on technical conditions of fishing should be implemented in 2010.
(11)
To ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2010. Given the urgency of the matter, it is necessary to grant an exception to the 6-week period referred to in point I.3 of the Protocol on the role of national Parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Communities,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Subject matter
This Regulation fixes fishing opportunities for 2010 for certain fish stocks and groups of fish stocks in the Baltic Sea and the associated conditions under which such fishing opportunities may be used.
Article 2
Scope
This Regulation shall apply to Community fishing vessels (Community vessels) operating in the Baltic Sea.
Article 3
Definitions
In addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, for the purposes of this Regulation the following definitions shall apply:
(a)
the International Council for the Exploration of the Sea (ICES) zones are the geographical areas specified in Annex I to Regulation (EC) No 2187/2005;
(b)
‘Baltic Sea’ means ICES Subdivisions 22-32;
(c)
‘total allowable catch’ (TAC) means the quantity that can be taken from each stock each year;
(d)
‘quota’ means a proportion of the TAC allocated to the Community, a Member State or a third country;
(e)
‘day absent from port’ means any continuous period of 24 hours or part thereof during which the vessel is absent from port.
CHAPTER II
FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS
Article 4
Catch limits and allocations
The catch limits, the allocation of such limits among Member States, and associated conditions set out in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I to this Regulation.
Article 5
Special provisions on allocations
1. The allocation of catch limits among Member States as set out in Annex I shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Article 23(4) of Regulation (EC) No 2371/2002 and Article 2 of Regulation (EC) No 338/2008.
2. For the purpose of withholding quotas to be transferred to 2011, Article 4(2) of Regulation (EC) No 847/96 may apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.
Article 6
Conditions for catches and by-catches
1. Fish from stocks for which catch limits are fixed shall only be retained on board or landed if:
(a)
the catches have been taken by vessels of a Member State with a quota and that quota has not been exhausted; or
(b)
species other than herring and sprat are mixed with other species, and are not sorted either on board or on landing and the catches have been taken with trawls, Danish seines or similar gears of a mesh size less than 32 mm.
2. All landings shall count against the quota or, if the Community share has not been allocated among Member States by quotas, against the Community share, except for catches made under paragraph 1(b).
3. Where the quota for herring allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community, and operating in the fisheries to which the relevant quota applies shall not land catches that are unsorted and that contain herring.
4. Where the quota for sprat allocated to a Member State is exhausted, vessels flying the flag of that Member State, registered in the Community, and operating in the fisheries to which the relevant quota applies shall not land catches that are unsorted and that contain sprat.
Article 7
Prohibition of highgrading
Any species subject to quota which is caught during fishing operations shall be brought aboard the vessel and subsequently landed unless this would be contrary to obligations laid down in Community fisheries legislation establishing technical, control, and conservation measures, and in particular in this Regulation and in Regulation (EC) No 2187/2005, Regulation (EEC) No 2847/93, and Regulation (EC) No 2371/2002.
Article 8
Fishing effort limits
1. Fishing effort limits are set out in Annex II.
2. The limits referred to in paragraph 1 shall apply to ICES Subdivisions 27, and 28,2 in so far as the Commission has not taken a decision in accordance with Article 29(2) of Regulation (EC) No 1098/2007 to exclude those Subdivisions from the restrictions provided for in Article 8(1)(b), (3), (4) and (5) and Article 13 of that Regulation.
3. The limits referred to in paragraph 1 shall not apply to ICES Subdivision 28,1 in so far as the Commission has not taken a decision in accordance with Article 29(4) of Regulation (EC) No 1098/2007 that the restrictions provided for in Article 8(1)(b), (3), (4) and (5) of Regulation (EC) No 1098/2007 shall apply to that Subdivision.
Article 9
Transitional technical measures
Transitional technical measures are set out in Annex III.
CHAPTER III
FINAL PROVISIONS
Article 10
Data transmission
When Member States send data to the Commission relating to landings of quantities of stocks caught, pursuant to Article 15(1) of Regulation (EEC) No 2847/93, they shall use the stock codes set out in Annex I to this Regulation.
Article 11
Entry into force
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 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 2009. | [
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COMMISSION REGULATION (EC) No 447/2007
of 23 April 2007
amending Regulation (EC) No 1043/2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular the first subparagraph of Article 8(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (2) has been repealed and replaced by Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (3). It is appropriate to amend several provisions of Commission Regulation (EC) No 1043/2005 (4) which still contain references to Regulation (EC) No 1260/2001, in order to take account of this development.
(2)
Article 3 of Regulation (EC) No 1043/2005 establishes the basic products to which certain agricultural products and products derived from the processing of basic products shall be assimilated for the purposes of granting of export refunds in accordance with that Regulation.
(3)
The products which are to be assimilated to whole milk powder (Product Group 3) are listed in Article 3(4) of Regulation (EC) No 1043/2005. However, the second subparagraph of Article 3(4) allows the competent authority, on request from the party concerned, to assimilate the products listed in that paragraph to a combination of skimmed milk powder (Product Group 2), for their non-fat dry matter content, or to butter (Product Group 6), for their milk fat content when determining the refund to be paid.
(4)
The rapid decrease in refund rates for whole milk powder and skimmed milk powder relative to the refund rate applicable in respect of butter raises the prospect that operators will increasingly request to avail of the provisions of the second subparagraph of Article 3(4) in order to claim refund in respect of the milk fat element of products which in the normal course would have been assimilated to whole milk powder. This prospect risks the payment of higher refund in respect of agricultural products exported in the form of Non Annex I goods than would be applicable in respect of such products exported without further processing and is therefore not consistent with Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (5) and in particular with the second subparagraph of Article 31(1) thereof.
(5)
Accordingly, it is appropriate to delete the second subparagraph of Article 3(4) of Regulation (EC) No 1043/2005, without prejudice to the possibility of introducing a similar measure if the risk in question ceases to exist. Nevertheless, in circumstances where Commission Regulation (EC) No 61/2007 of 25 January 2007 fixing the export refunds on milk and milk products (6) has reduced to zero, with effect from 26 January 2007, the export refund rate for whole milk powder, some Member States may already have deemed that it was no longer appropriate to agree to new requests from operators to avail of the derogation provided for in the second subparagraph of Article 3(4) of Regulation (EC) No 1043/2005. In the interest of harmonising the responses of Member States to the requests received since 26 January 2007 it is useful to establish a specific date after which Member States should not agree to new request for assimilation under that provision.
(6)
Article 43 of Regulation (EC) No 1043/2005 provides that, other than for food aid operations, applications for refund certificates are valid only if a security equal to 25 % of the amount applied for has been lodged. This security is lodged so as to guarantee that the holder of the refund certificate applies for refunds equal to the amount for which the certificate has been issued on goods exported during the validity period of the refund certificate. The rate of guarantee was set at a time when the level of certificate applications was considerably greater than the amount which could be granted. Following from the ongoing reduction of refund rates payable in respect of agricultural products exported in the form of Non Annex I goods the level of certificate application has eased considerably. In the circumstances the prospect of operators lodging applications for speculative reasons has reduced. It is appropriate to reduce the level of security accordingly.
(7)
Annex VIII to Regulation (EC) No 1043/2005 contains entries in twenty-one of the twenty-three languages of the Community. That Annex should also contain those entries in the two other languages, namely Irish and Maltese.
(8)
Regulation (EC) No 1043/2005 should therefore be amended accordingly.
(9)
The Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I has not delivered an opinion in the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1043/2005 is amended as follows:
1.
In Article 1, paragraph 1 is amended as follows:
(a)
In the first subparagraph, ‘Regulation (EC) No 1260/2001’ is replaced by:
‘Council Regulation (EC) No 318/2006 (7)
(b)
In the second subparagraph, point (c) is replaced by the following:
‘(c)
Annex VII to Regulation (EC) No 318/2006;’.
2.
Article 3 is amended as follows:
(a)
In paragraph 4, the second subparagraph is deleted.
(b)
Paragraph 8 is amended as follows:
(i)
In the introductory words, ‘Regulation (EC) No 1260/2001’ is replaced by ‘Regulation (EC) No 318/2006’;
(ii)
Points (c) and (d) are replaced by the following:
‘(c)
the products referred to in Article 1(1)(c) of Regulation (EC) No 318/2006, excluding mixtures obtained partly using products covered by Regulation (EC) No 1784/2003;
(d)
the products referred to in Article 1(1)(d) and (g) of Regulation (EC) No 318/2006, excluding mixtures obtained partly using products covered by Regulation (EC) No 1784/2003.’.
3.
In the first subparagraph of Article 43, ‘25 %’ is replaced by ‘15 %’.
4.
In the first subparagraph of Article 44(4), ‘25 %’ is replaced by ‘15 %’.
5.
In Annex II, footnote 4 concerning column 6, ‘Sugar, molasses or isoglucose’, is replaced by the following:
‘(4)
Council Regulation (EC) No 318/2006 (OJ L 58, 28.2.2006, p. 1).’.
6.
In Annex III, under the description for Code NC 2905 43 00 Mannitol, the first paragraph is replaced by the following:
‘Obtained from sucrose covered by Regulation (EC) No 318/2006’.
7.
Annex VIII is amended as follows:
(a)
After the entry for the French language the following indent is inserted:
‘-
in Irish: cearta arna n-aistriú ar ais chuig an sealbhóir ainmniúil ar an [dáta]’.
(b)
After the entry for the Hungarian language the following indent is inserted:
‘-
in Maltese: drittijiet li jkunu trasferiti lura lid-detentur titulari fid- [data]’.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
However, the second subparagraph of Article 3(4) of Regulation (EC) No 1043/2005 shall continue to apply in respect of products having obtained, with the agreement of the relevant competent authority, the assimilation referred to in that provision before 17 February 2007 and exported under cover of refund certificates for which advanced fixing, in accordance with Article 29 of that Regulation, was requested before 1 March 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 April 2007. | [
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COMMISSION DECISION of 27 July 1994 approving the plan presented by Denmark to monitor and control salmonella in poultry (Only the Danish text is authentic) (Text with EEA relevance) (94/507/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/117/EEC of 17 December 1992 concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications (1), and in particular Article 8 (3) thereof,
Whereas, in accordance with Article 8 (2) of Directive 92/117/EEC, Denmark sent by letters dated 17 December 1993 and 13 May 1994 a plan to monitor and control salmonella in Danish poultry;
Whereas the aforementioned plan meets the Community criteria laid down, in particular those set out in Article 8 (2) of Directive 92/117/EEC; whereas the plan should be approved accordingly;
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 plan presented by Denmark to monitor and control salmonella in poultry is hereby approved.
Article 2
Denmark shall bring into force by 1 July 1994 the laws, regulations and administrative provisions for implementing the plan referred to in Article 1.
Article 3
This Decision is addressed to the Kingdom of Denmark.
Done at Brussels, 27 July 1994. | [
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DECISION OF THE COUNCIL
of 16 February 2009
amending the Rules of Procedure of the Court of First Instance of the European Communities as regards the language arrangements applicable to appeals against decisions of the European Union Civil Service Tribunal
(2009/170/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article 64 of the Protocol on the Statute of the Court of Justice,
In accordance with the procedure laid down in the second subparagraph of Article 245 of the Treaty establishing the European Community and the second subparagraph of Article 160 of the Treaty establishing the European Atomic Energy Community,
Having regard to the request of the Court of Justice of 24 September 2008,
Having regard to the opinion of the European Parliament of 13 January 2009,
Having regard to the opinion of the Commission of 18 November 2008,
Whereas the Rules of Procedure of the Court of First Instance should specify the language of the case in an appeal against a decision of the Civil Service Tribunal, as referred to in Articles 9 and 10 of the Annex to the Protocol on the Statute of the Court of Justice,
HAS DECIDED AS FOLLOWS:
Article 1
The Rules of Procedure of the Court of First Instance of the European Communities of 2 May 1991 (OJ L 136, 30.5.1991, p. 1, as corrected by OJ L 317, 19.11.1991, p. 34), amended on 15 September 1994 (OJ L 249, 24.9.1994, p. 17), 17 February 1995 (OJ L 44, 28.2.1995, p. 64), 6 July 1995 (OJ L 172, 22.7.1995, p. 3), 12 March 1997 (OJ L 103, 19.4.1997, p. 6, as corrected by OJ L 351, 23.12.1997, p. 72), 17 May 1999 (OJ L 135, 29.5.1999, p. 92), 6 December 2000 (OJ L 322, 19.12.2000, p. 4), 21 May 2003 (OJ L 147, 14.6.2003, p. 22), 19 April 2004 (OJ L 132, 29.4.2004, p. 3), 21 April 2004 (OJ L 127, 29.4.2004, p. 108), 12 October 2005 (OJ L 298, 15.11.2005, p. 1), 18 December 2006 (OJ L 386, 29.12.2006, p. 45) and 12 June 2008 (OJ L 179, 8.7.2008, p. 12), are hereby amended as follows:
before Article 137, there shall be inserted in ‘TITLE 5 - APPEALS AGAINST DECISIONS OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL’ an Article 136a, to be worded as follows:
‘Article 136a
Without prejudice to the arrangements laid down in Article 35(2)(b) and (c) and the fourth subparagraph of Article 35(3) of these Rules, in appeals against decisions of the Civil Service Tribunal as referred to in Articles 9 and 10 of the Annex to the Statute of the Court of Justice, the language of the case shall be the language of the decision of the Civil Service Tribunal against which the appeal is brought.’
Article 2
This Decision shall enter into force on the first day of the second month following its publication in the Official Journal of the European Union.
Done at Brussels, 16 February 2009. | [
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COMMISSION DECISION
of 12 December 2008
concerning the non-inclusion of bone oil in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance
(notified under document number C(2008) 8083)
(Text with EEA relevance)
(2008/943/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(2) thereof,
Whereas:
(1)
Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I to that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.
(2)
Commission Regulations (EC) No 1112/2002 (2) and (EC) No 2229/2004 (3) lay down the detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes bone oil.
(3)
For bone oil acid the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 1112/2002 and (EC) No 2229/2004 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 20 of Regulation (EC) No 2229/2004. For bone oil the rapporteur Member State was Belgium and all relevant information was submitted in October 2006.
(4)
The Commission examined bone oil in accordance with Article 24a of Regulation (EC) No 2229/2004. A draft review report for that substance was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 26 September 2008 in the format of the Commission review report.
(5)
During the examination of this active substance by the Committee, taking into account comments received from Member States, it was concluded that there are clear indications that it may be expected that it has harmful effects on human health and in particular the crucial missing data does not allow to set reliable acceptable daily intake (ADI) and acute reference dose (ARfD) and such values are necessary to conduct the risk assessment. In addition, the operator exposure is greater than 100 % of the acceptable operator exposure level (AOEL) in all modelled scenarios. Moreover, other concerns which were identified by the rapporteur Member State in its assessment report are included in the review report for the substance.
(6)
The Commission invited the notifier to submit its comments on the results of the examination of bone oil and on its intention or not to further support the substance. The notifier submitted its comments which have been carefully examined. However, despite the arguments put forward by the notifier, the concerns identified could not be eliminated, and assessments made on the basis of the information submitted have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing bone oil satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.
(7)
Bone oil should therefore not be included in Annex I to Directive 91/414/EEC.
(8)
Measures should be taken to ensure that authorisations granted for plant protection products containing bone oil are withdrawn within a fixed period of time and are not renewed and that no new authorisations for such products are granted.
(9)
Any period of grace granted by a Member State for the disposal, storage, placing on the market and use of existing stocks of plant protection products containing bone oil should be limited to 12 months in order to allow existing stocks to be used in one further growing season, which ensures that plant protection products containing bone oil remain available for 18 months from the adoption of this Decision.
(10)
This Decision does not prejudice the submission of an application for bone oil in accordance with Article 6(2) of Directive 91/414/EEC and Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (4), in view of a possible inclusion in its Annex I.
(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
Bone oil shall not be included as an active substance in Annex I to Directive 91/414/EEC.
Article 2
Member States shall ensure that:
(a)
authorisations for plant protection products containing bone oil are withdrawn by 12 June 2009;
(b)
no authorisations for plant protection products containing bone oil are granted or renewed from the date of publication of this Decision.
Article 3
Any period of grace granted by Member States in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, shall be as short as possible and shall expire on 12 June 2010 at the latest.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 12 December 2008. | [
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COMMISSION REGULATION (EEC) No 1539/91 of 6 June 1991 fixing for the 1991 marketing year the Community offer prices for table grapes applicable with regard to Spain and Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulations (EEC) No 3709/89 (1) and (EEC) No 3648/90 (2) laying down general rules for implementing the Act of Accession of Spain and Portugal as regards the compensation mechanism on imports of fruit and vegetables originating respectively in Spain and Portugal, and in particular Article 4 (1) thereof,
Whereas, Commission Regulation (EEC) No 3830/90 (3) lays down detailed rules for the application of the compensation mechanism to imports of fruit and vegetables from Spain,
Whereas, pursuant to Article 152 and Article 318 of the Act of Accession, a compensation mechanism is to be introduced on imports into the Community as constituted at 31 December 1985, hereinafter referred to as the 'Community of Ten', of fruit and vegetables from Spain and Portugal for which a reference price is fixed with regard to third countries; whereas, Community offer prices for table grapes coming from Spain and Portugal should be fixed only during the period where reference prices are fixed with regard to third countries, this means from 21 July up to and including 20 November;
Whereas, in accordance with Articles 152 (2) (a) and 318 (1) (a) of the Act of Accession, a Community offer price is to be calculated annually on the basis of the arithmetic mean of the producer prices in each Member State of the Community of Ten, plus transport and packaging costs incurred by the products from the production regions to the representative consumption centres of the Community and bearing in mind developments in the cost of production in the fruit and vegetable sector; whereas the abovementioned producer prices correspond to the average prices recorded during the three years preceding the date of fixing of the Community offer price; whereas, however, the annual Community offfer price cannot exceed the reference price applied for third countries;
Whereas, in order to take account of seasonal variations in prices, the marketing year should be divided into one or more periods and a Community offer prices should be fixed for each of them;
Whereas, in accordance with Article 1 of Regulations (EEC) No 3709/89 and (EEC) No 3648/90, the producer prices to be used for the determination of the Community offer price are to be those of a domestic product defined by its commercial characteristics recorded on the representative market or markets located in the production areas where prices are lowest for products or varieties representing a considerable proportion of production marketed throughout the year or during a part of the latter and which meet Quality Class I requirments and conditions laid down as regard packaging; whereas the average price for each representative market must be established after disregarding prices which may be considered excessively high or excessively low compared with the normal fluctuations recorded on the market; whereas, moreover, if the average price for a Member State shows excessive variations with respect of normal price fluctuations, it is not to be taken into account;
Whereas the application of the abovementioned criteria results in Community offer prices being fixed for table grapes for the period 21 July to 20 November 1991;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committe for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION: Article 1
For the 1991 marketing year, the Community offer prices for table grapes (CN codes 0806 10 15 and 0806 10 19) applicable with regard to Spain and Portugal, expressed in ecus per 100 kilograms net of packed products of class I, of all sizes, shall be as follows:
- 21 July to 31 August: 51,92
- September and October: 49,20
- 1 to 20 November: 44,87. Article 2
This Regulation shall enter into force on 21 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 June 1991. | [
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COMMISSION REGULATION (EC) No 1138/2007
of 1 October 2007
concerning the authorisation of a new use of benzoic acid (VevoVitall) as a feed additive
(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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1)
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.
(2)
In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of the preparation set out in the Annex to this Regulation. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.
(3)
The application concerns the authorisation of a new use the preparation benzoic acid (VevoVitall) as a feed additive for pigs for fattening, to be classified in the additive category ‘zootechnical additives’.
(4)
The use of the preparation of benzoic acid (VevoVitall) was authorised for weaned piglets by Commission Regulation (EC) No 1730/2006 (2).
(5)
New data were submitted in support of an application for authorisation for pigs for fattening. The European Food Safety Authority (the Authority) concluded in its opinion of 7 March 2007 that benzoic acid (VevoVitall) does not have an adverse effect on animal health, human health or the environment (3). It further concluded that benzoic acid (VevoVitall) does not present any other risk which would, in accordance with Article 5(2) of Regulation (EC) No 1831/2003, exclude authorisation. According to that opinion, the use of that preparation does not have an adverse effect on this additional animal. The opinion of the Authority recommends appropriate measures for user safety. It does not consider that there is a need for specific requirements of post market monitoring. This opinion also verifies the report on the method of analysis of the feed additive in feed submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003.
(6)
The assessment of that preparation shows that the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised, as specified in the Annex to this Regulation.
(7)
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
The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘other zootechnical additives’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
Article 2
This Regulation shall enter into force on the 20th 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, 1 October 2007. | [
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Commission Regulation (EC) No 1620/2003
of 16 September 2003
opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Commission Regulation (EC) No 1104/2003(2), and in particular Article 12(1) thereof,
Whereas:
(1) Under the Agreement on Agriculture(3) concluded during the Uruguay Round of multilateral trade negotiations, the Community has undertaken to import a quantity of maize into Spain.
(2) Commission Regulation (EC) No 1839/95 of 26 July 1995 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal(4), as last amended by Regulation (EC) No 2235/2000(5), lays down the special detailed rules necessary for implementing invitations to tender.
(3) In the light of current market needs in Spain, an invitation to tender for the reduction in the duty on imports of maize should be opened.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. An invitation to tender is hereby opened for the reduction in the import duty referred to in Article 10(2) of Regulation (EEC) No 1766/92 on maize to be imported into Spain.
2. Regulation (EC) No 1839/95 shall apply save as otherwise provided for in this Regulation.
Article 2
The invitation to tender shall be open until 27 November 2003. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender.
Article 3
Import licences issued under this invitation to tender shall be valid 50 days from the date they are issued within the meaning of Article 10(4) of Regulation (EC) No 1839/95.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2003. | [
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COMMISSION REGULATION (EC) No 718/2006
of 11 May 2006
fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.
(2)
Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 9 May 2006.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the permanent tender opened by Regulation (EC) No 581/2004, for the tendering period ending on 9 May 2006, the maximum amount of refund for the products referred to in Article 1(1) of that Regulation shall be as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 12 May 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 May 2006. | [
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COMMISSION REGULATION (EC) No 1941/95 of 4 August 1995 opening for the second half of 1995, and laying down detailed rules for the application of, the tariff quotas for live bovine animals weighing between 160 and 300 kilograms originating in and coming from the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3491/93 of 13 December 1993 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part (1), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3492/93 of 13 December 1993 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part (2), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3296/94 of 19 December 1994 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (3), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3297/94 of 19 December 1994 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States of the one part, and the Slovak Republic, of the other part (4), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (5) and in particular Article 3 (1) thereof,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (6), as last amended by Regulation (EC) No 424/95 (7), and in particular Article 9 (2) thereof,
Whereas the Europe Agreements concluded with Poland (8), Hungary (9), the Czech Republic (10) and the Slovak Republic (11) provide for an annual tariff quota for imports of bovine animals weighing between 160 and 300 kilograms originating in and coming from Poland, Hungary, the Slovak Republic or the Czech Republic at a reduced 25 % levy;
Whereas the reference quantity fixed in the Europe Agreements for 1995 is 277 200 head; whereas the quantity of young male bovine animals for fattening, which is to be deducted from the above quantity, comes to 99 000 head in the first half of 1995 and 84 500 head in the second half; whereas this leads to an annual tariff quota for 1995 of 93 700 head; whereas Commission Regulation (EC) No 3170/94 of 21 December 1994 opening for the first half of 1995 and laying down detailed rules for the application of an import quota for live bovine animals weighing between 160 and 300 kilograms, originating in and coming from the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic (12), as amended by Regulation (EC) No 844/95 (13), provides for an initial quantity of 39 600 head on this quota for the first half of 1995; whereas the remaining quota of 54 100 head should now be opened for the second half of 1995;
Whereas, with a view to preventing speculation, the quantity available should be made available for operators able to show that they are carrying out a genuine activity involving trade in a significant number of animals with countries which are considered to be third countries on 31 December 1994; whereas in consideration of this and in order to ensure efficient management, a minimum of 50 animals should be required to have been exported or imported during 1994 by the operators concerned; whereas a batch of 50 animals in principle constitutes a normal load and whereas experience has shown that the sale or purchase of a single batch is a minimum requirement for a transaction to be considered real and viable;
Whereas, while recalling the provisions of the Agreements intended to guarantee product origin, the quotas in question should be managed using import licences; whereas to this end rules should be set on submission of applications and the information to be given on applications and licences, by way of derogation from certain provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for application of the system of import and export licences and advance fixing certificates for agricultural products (14), as last amended by Regulation (EC) No 1199/95 (15), and of Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (16); whereas it should moreover be stipulated that licences are to be issued following a reflection period and where necessary with a flat-rate percentage reduction applied;
Whereas under the Agreement on Agriculture concluded as part of the Uruguay Round of multilateral trade negotiations (17) the Community has undertaken to convert the variable agricultural levies into fixed customs duties with effect from 1 July 1995; whereas it is accordingly necessary to provide, as a temporary measure for the period 1 July 1995 to 31 December 1995, that the rate of reduction of the full levy under the tariff quota should apply to the specific customs duties set in the common customs tariff;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. As part of the tariff quotas provided for in the Europe Agreements, a total of 54 100 head of live bovine animals falling within CN codes 0102 90 41 or 0102 90 49 originating in and coming from Poland, Hungary, the Slovak Republic or the Czech Republic may hereby be imported in the second half of 1995 in accordance with the provisions of this Regulation.
2. The specific duties fixed in the common customs tariff shall be reduced by 75 % in respect of the quantities referred to in paragraph 1.
Article 2
In order to qualify for the quota referred to in Article 1:
(a) applicants or import licences must be natural or legal persons who, at the time applications are submitted, must prove to the satisfaction of the competent authorities of the Member State concerned that they have imported and/or exported during 1994 at least 50 animals falling within CN code 0102 90 and originating in or intended for countries which are considered by their authorities to be third countries on 31 December 1994; applicants must be listed in the national VAT register;
(b) licence applications may be presented only in the Member State in which the applicant is so registered;
(c) licence applications shall relate to
- a number equal to or greater than 50 head and
- a quantity not exceeding 10 % of the total quantity available.
Where applications for import licences exceed this quantity, they shall only be considered within the limits of the said quantity;
(d) Section 7 of licence applications and licences shall show the country from which the animals are imported and section 8 shall show the country of origin; licences shall carry with them an obligation to import from one or more of the countries indicated in Article 1 (1);
(e) Section 20 of licence applications and licences shall show at least one of the following wordings:
Reglamento (CE) n° 1941/95,
Forordning (EF) nr. 1941/95,
Verordnung EG) Nr. 1941/95,
Êáíïíéóìüò (ÅÊ) áñéè. 1941/95,
Regulation (EC) No 1941/95,
Règlement (CE) n° 1941/95,
Regolamento (CE) n. 1941/95,
Verordening (EG) nr. 1941/95,
Regulamento (CE) nº 1941/95,
Asetus (EY) N:o 1941/95,
Förordnung (EG) nr 1941/95.
(f) at the time of acceptance of the declaration of release for free circulation, importers shall undertake to inform the competent authorities of the importing Member State, not later than one month after the date of import, of
- the number of animals imported,
- the origin of the animals.
The authorities shall forward this information to the Commission before the beginning of each month.
Article 3
1. Licence applications may be lodged only from 22 to 29 August 1995.
2. Where the same applicant lodges more than one application, all applications from that person shall be inadmissible.
3. The Member States shall notify the Commission of the applications lodged not later than 18 September 1995. Such notification shall comprise a list of applicants and quantities applied for.
All notifications, including notifications of 'nil` applications, shall be made by telex or fax, drawn up on the model in the Annex to this Regulation in the case where applications have been made.
4. The Commission shall decide to what extent quantities may be awarded in respect of licence applications. If the quantities in respect of which licences have been applied for exceed the quantities available, the Commission shall fix a single percentage reduction in the quantities applied for.
5. Subject to a decision to accept applications by the Commission, licences shall be issued at the earliest opportunity.
6. Import licences shall be issued for a number equal to or greater than 50 head.
If, because of the numbers applied for, the percentage reduction results in fewer than 50 head per import licence, the Member States shall, by drawing lots, allocate licences covering 50 head.
If the remaining balance is less than 50 head, a single licence shall cover that quantity.
7. Licences issued shall be valid throughout the Community.
Article 4
Without prejudice to the provisions of this Regulation, Regulations (EEC) No 3719/88 and (EC) No 1445/95 shall apply.
However, in the case of quantities imported under the terms of Article 8 (4) of Regulation (EEC) No 3719/88, the full rate of customs duty shall be collected in respect of quantities in excess of those stated on the import licence.
Article 5
1. By derogation from Article 9 (1) of Regulation (EEC) No 3719/88, rights arising from import licences issued pursuant to this Regulation shall not be transferable.
2. By derogation from Article 3 of Commission Regulation (EC) No 1445/95, the term of validity of import licences issued shall expire on 31 December 1995.
Article 6
The animals shall be put into free circulation on the presentation of a movement certificate EUR 1 issued by the exporting country in accordance with Protocol 4 annexed to the Europe Agreements.
Article 7
1. Each animal imported under the arrangements referred to in Article 1 shall be identified by either:
- an indelible tattoo, or
- an official earmark or an earmark officially approved by the Member State on at least one of its ears.
2. The said tattoo or marks shall be so designed as to enable the date when the animal was put into free circulation and the identity of the importer to be established, by means of a record made when the animal is put into free circulation.
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 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 August 1995. | [
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COUNCIL DIRECTIVE 95/23/EC
of 22 June 1995
amending Directive 64/433/EEC on conditions for the production and marketing of fresh meat
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Directive 64/433/EEC (4) regulates the production and marketing of fresh meat of bovine animals, swine, sheep and goats and domestic solipeds;
Whereas the regulations for low-capacity establishments eligible for approval under simplified structure and infrastructure criteria should be simplified, to take account of particular circumstances and of the principle of subsidiarity;
Whereas hygiene requirements should be defined for the production and marketing of sliced offal;
Whereas the regulations on accompanying documents can be simplified;
Whereas meat from low-capacity establishments should comply only with general hygiene requirements for meat production and marketing and for this reason may be not marked with the Community stamp and be the subject of trade;
Whereas the maximum handling limits for low-capacity slaughterhouses and cutting plants should be aligned on those laid down in Council Directive 92/120/EEC of 17 December 1992 on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of certain products of animal origin (5);
Whereas, however, account should be taken of certain specific situations in applying these limits;
Whereas experience has shown the need to amend the Directive 64/433/EEC on a number of technical points which have caused problems of practical application,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 64/433/EEC is hereby amended as follows:
(1) The following point shall be added to Article 2:
'(o) "repackaging centre" means a workshop or depot where wrapped meet intended for placing on the market is reassembled and/or repackaged.'
(2) Article 3 (1) shall be amended as follows:
(a) Section A (a) shall be replaced by the following:
'(a) have been obtained in a slaughterhouse meeting the conditions laid down in Chapters I and II of Annex I and approved and supervised in accordance with Article 10;'
(b) in Section A (f):
(ba) subdivision (ii) shall be replaced by the following:
'(ii) an accompanying commercial document which must:
- be drawn up by the dispatching establishment,
- in addition to the particulars provided for in point 50 of Chapter X of Annex I, bear the veterinary approval number of the approved establishment and in the case of frozen meat, the month and year of freezing in clear,
- for meat intended for Finland and Sweden, bear one of the indications provided for in the third indent of Part IV of Annex IV,
- be kept by the consignee so that it can be produced at the request of the competent authority. Computer data must be printed at the request of the aforesaid authority';
(bb) the last subparagraph shall be replaced by the following:
'At the request of the competent authority in the Member State of destination, a health attestation must be supplied where meat is intended for export to a third country after processing. The costs incurred in such attestation shall be borne by operators;'
(c) in Section B:
- the introductory phrase shall be replaced by the following:
'B. cuts or pieces smaller than those referred to in Section A, or boned meat whether or not wrapped:';
- in points (a) and (b), the words 'or wrapped' shall be inserted each time after 'cut';
(d) in Section C:
- in the first subparagraph the second sentence shall be replaced by the following:
'Uncut offal must comply with the requirements of Sections A and B.',
- in the last sentence of the first subparagraph 'sliced' shall be deleted,
- the second subparagraph shall be deleted;
(e) the following sentence shall be added to Section D (b):
'In this case the veterinary approval number of the cold store must be given on the accompanying commercial document.';
(f) the following section shall be added:
'F. fresh meat from which the packaging has been removed and which is to be re-packaged in an establishment other than that in which it was first wrapped:
(a) must meat the requirements of Sections A, B, C and D;
(b) must be removed from its packaging and repackaged in a repackaging centre which satisfies the requirements of Chapter I of Annex I and is approved and supervised in accordance with Article 10.'
(3) Article 4 shall be replaced by the following:
'Article 4
A. As from 1 January 1995, Member States may, by way of derogation from Article 3, allow meat from slaughterhouses which do not satisfy the requirements of Chapters I and II of Annex I to be placed on the market for marketing in their national territory, provided the following conditions are met:
(a) the slaughterhouses in question must:
(i) handle not more than 20 livestock units per week with a maximum of 1 000 livestock units per year;
(ii) satisfy the requirements of Annex I, Chapters V and VII, point 66 first, second and fourth paragraphs and point 67 of Chapter XIV and point 69 of Chapter XV, with the exception of the requirements relating to imported fresh meat, and points 71, 72 and 73;
(iii) fulfil the requirements of Annex II;
(iv) notify the veterinary service in advance of the time of slaughter and the number and the origin of the animals to allow it to carry out the ante mortem inspection in accordance with Chapter VI of Annex I, either on the farm or at the slaughterhouse.
(b) the operator of the slaughterhouse, the owner or his agent must keep a register of:
- animals entering the establishment and slaughter products leaving it,
- the checks carried out,
- the results of those checks.
This information shall be communicated to the competent authority at its request;
(c) the official veterinarian or an auxiliary must carry out the post-mortem inspection of the meat in accordance with Annex I, Chapter VIII, in compliance with the requirements of Annex I, Chapter VII, point 32. Where the meat has lesions or appears to have deteriorated, the post-mortem inspection must be carried out by the official veterinarian. The official veterinarian or the auxiliary under his responsibility must regularly monitor compliance with the hygiene rules laid down in Chapters V and VII of Annex I.
When applying this Article, Member States shall use the following conversion rates:
(i) beef and veal
- adult bovine animals within the meaning of Regulation (EEC) No 805/68 and solipeds: 1 livestock unit
- other bovines: 0,50 livestock unit
(ii) pigmeat
- pigs with a live weight of over 100 kg: 0,20 livestock unit
- other pigs (a): 0,15 livestock unit
(iii) other meat
- sheep and goats: 0,10 livestock unit
- lambs, kids and piglets of less than 15 kg live weight: 0,05 livestock unit.
B. Within the limit of 1 000 livestock units referred to in Section A, first subparagraph, subdivision (a) (i), Member States may derogate from the weekly limit laid down therein to take account of the need to slaughter lambs and kids in the period leading up to religious festivals, provided that the official veterinarian is present at the time of slaughter, that the hygiene requirements are complied with and that the meat has not been frozen before being placed on the market.
C. The maximum amounts provided for in Section A, first subparagraph, subdivision (a) (i) may be applied to individual operators slaughtering on their own account at quite separate times in the week in an establishment which satisfies the following requirements:
(a) the owner of the establishment or any other person using this establishment has received specific training, recognized by the competent authority, in production hygiene;
(b) the animals to be slaughtered are the property of the owner of the establishment, or of a self-employed butcher or have been purchased by them to meet the requirements referred to in point (d);
(c) the meat is produced in premises which meet the requirements of Annex II;
(d) production must be confined to supplying establishments belonging to the butchers referred to in (b) and to sale on the spot to the consumer or to local bodies.
Where several individual slaughter quantities are added up, the maximum amounts provided for in Section A, first subparagraph, subdivision (a) (i) may be raised to 30 livestock units per week and 1 500 livestock units per year for the slaughterhouse meeting the conditions set out in the first subparagraph. Member States availing themselves of this possibility shall forward the list of establishments benefiting from these provisions to the Commission.
D. Under the procedures provided for in Article 16, Member States may, at their request, be authorized to apply the requirements of Section A to slaughterhouses situated in regions suffering from special geographical constraints or affected by supply difficulties which handle not more than 2 000 livestock units per year.
E. Derogations may be granted by the competent authority in accordance with Annex II in the case of cutting plants which are not situated in an approved establishment and which produce not more than five tonnes of boned meat per week or the equivalent of bone-in meat.
The provisions of Annex I, Chapter V, Chapter VII, point 38, Chapter IX - with the exception of the requirement for the temperature of the cutting room laid down in the second sentence of point 46 (c) - and point 48 of Chapter X shall apply to cutting and storage operations in the establishments referred to in the first subparagraph.
F. Meat that comes from the establishments referred to in this Article and that has been judged fit for human consumption, bearing in mind the hygiene and health requirements laid down by this Directive, must be marked with a national stamp which cannot be confused with the Community stamp and may in particular not be oval. However, this stamp shall not be necessary for cuts which have not been packaged.
G. Member States may also allow derogations from the minimum requirements of Chapter I of Annex I for low-capacity cold stores in which only packaged meat and other foodstuffs are stored. Sweden may, until 20 June 1997, authorize packaged meat and non-packaged meat to be stored in one and the same cold store by means of an appropriate separation.
H. Slaughterhouses benefiting from the derogations provided for in this Article shall be subject to the Community inspection required for approved establishments.
(a) Game animals being treated in the same way as the respective species for the purposes of applying the conversion rates.';
(4) The following Article shall be inserted:
'Article 4a
1. Member States shall communicate, by 31 December 1995, the list of the establishments referred to in Article 1 of Directive 91/498/EEC (*) and the list of the establishments for which the time limits are set pursuant to this Article.
2. The competent authorities may allow a slaughterhouse which qualifies for a derogation in accordance with Article 2 of Directive 91/498/EEC (*) and which can show, to the satisfaction of the competent authority, that it has begun to bring itself into compliance with the requirements of this Directive but which cannot, for reasons not attributable to it, meet the time limits originally laid down, the additional time essential in order for it to comply with them.
3. Where an establishment registered in accordance with Article 4 is undergoing alterations on the basis of a restructuring plan approved by the competent authority with the aim of obtaining authorization in accordance with Article 10, that authority may determine the quantities marketed by the establishment in question in line with the progress of the work.
4. In transposing the provisions of this Directive into their national legislation, Member States shall specify the manner in which the penalties provided for in Article 10 and in Article 2 (2) of Directive 91/498/EEC are to apply in the event of failure by an establishment referred to in this Article to honour the commitments entered into upon being granted a temporary derogation, so that those penalties can be applied by 31 December 1995 and, as regards Sweden, by 31 December 1996 and, as regards Austria and Finland, by 31 December 1997.
(*) Council Directive 91/498/EEC of 29 July 1991 on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of fresh meat (OJ No L 268, 24. 9. 1991, p. 105). Directive as last amended by the 1994 Act of Accession.'
(5) In Article 5 in 1 (a) (iii), 'macroscopically visible' shall be added before 'sarcocystosis'.
(6) Article 6 shall be amended as follows:
- in the fifth indent of subparagraph (e) of paragraph 1, the words 'the correct conduct of bleeding' shall be deleted;
- in paragraph 1, subparagraph (h) shall be replaced by the following:
'(h) meat must be marked with a national stamp which cannot be confused with the Community samp and in particular is not oval.'
(7) In (iii) of the first subparagraph of Article 9, the words 'and in an approved packaging centre' shall be inserted after 'cold-store'.
(8) The following shall be added at the end of the fourth and fifth subparagraphs of Article 10 (1): 'with regard to part of the activity in question or the whole establishment'.
(9) In Article 12:
(a) paragraph 1 shall be replaced by the following:
'1. Veterinary experts from the Commission may, in so far as is necessary to ensure uniform application of this Directive and in cooperation with the competent authorities in the Member States, make on-site checks. By checking a representative number of establishments, they may also verify whether the competent authorities are checking on compliance with this Directive by establishments. The Member State on whose territory the checks are being carried out shall provide the experts with all necessary assistance to fulfil their mission. The Commission shall inform the Member State concerned of the results of the checks carried out.'
(b) the following paragraph shall be added:
'3. Provisions for the implementation of this Article, in particular those to cover the arrangements for cooperating with the national authorities, shall be adopted in accordance with the procedure laid down in Article 16'.
(10) Article 13 (1) shall be deleted.
(11) Annex I shall be amended as follows:
(a) the following shall be added to point 14 (c) (i) of Chapter II:
'. . . if such operations are carried out in the slaughterhouse. In addition, where swine are concerned, this provision shall apply to the extent necessary to prevent contamination of fresh meat and offal';
(b) in point 17 (a) of Chapter IV, the reference to 'the fourth paragraph of point 66 of Chapter XIV' shall be replaced by 'the eighth paragraph of point 66 of Chapter XIV';
(c) the first paragraph of point 25 of Chapter VI shall be replaced by the following:
'Animals must undergo ante-mortem inspection within a period which is less than 24 hours after their arrival in the slaughterhouse and less than 24 hours before slaughter. In addition, the official veterinarian may require inspection at any other time';
(d) in point 33 of Chapter VII, the following sentence shall be added:
'Mechanical insufflation for the flaying of lambs and kids of a live weight of less than 15 kg may be approved by the competent authorities in compliance with the hygiene requirements.';
(e) in point 43 of Chapter IX, the word 'slicing' shall be replaced by 'cutting' and the words 'of animals of the bovine species' shall be deleted;
(f) in Chapter XI:
- point 49 shall be replaced by the following:
'Health marking must be carried out under the responsibility of the official veterinarian. For this purpose, he shall supervise
(a) the health mark;
(b) the marks and wrapping material when marked as provided for in this Chapter.';
- in point 50 (b), the following subparagraph shall be added:
'The dimensions and characters of the mark may be reduced for health marking of lamb, kids and piglets.';
- in point 51:
(i) the following shall be inserted as second indent:
'- lamb, kid and piglet carcases must bear at least two stamps, one on each side of the carcase, on the shoulder or on the external surface of the thighs,';
(ii) the following shall be inserted as second subparagraph:
'However, in the case of lamb, kid and piglet carcases, health marking may take the form of a label or tag but it must be possible to use them only once.';
- points 52 to 56 shall be replaced by the following:
'52. The livers of bovine animals, swine and solipeds must be hot-branded in accordance with point 50 if they are intended for another Member State or for an EEA country.
53. All other subproducts of slaughtering fit for human consumption must be marked immediately in accordance with point 50, either directly on the product or on the wrapping or packaging. The mark in accordance with point 50 must be applied to a label fixed to the wrapping or packaging or printed on the packaging. If wrapping or packaging takes place in a slaughterhouse, the mark must include the approval number of the establishment.
54. Packaging must always be marked in accordance with point 55.
55. Packaged cut meat and packaged offal referred to in point 52 and point 53 must bear a health mark in accordance with point 50. The mark must include the veterinary approval number of the cutting plant instead of that of the slaughterhouse. The mark must be applied to a label fixed to the packaging, or printed on the packaging, in such a way that it is destroyed when the packaging is opened. Non-destruction of the mark must be tolerated only when the packaging is destroyed by being opered.
However, when cut meat or offal is wrapped in accordance with point 62 of Chapter XII, the label referred to above may be affixed to the wrapping. In the case of offal packaged in a slaughterhouse, the number included in the mark must be the veterinary approval number of the slaughterhouse concerned. This requirement also applies where stackable meat transport containers (Euro-boxes) satisfying the requirements of point 59 (b) are used.
56. Where fresh meat is wrapped in commercial portions intended for direct sale to the consumer, points 53 and 55 shall apply. The dimension requirements of point 50 need not apply to the mark required under this point.
If meat is re-packaged in a plant other than that in which it was first wrapped, the wrapping must bear the health mark of the cutting plant where it was first wrapped, and the packaging must bear the health mark of the packaging centre.';
- point 58 shall be replaced by the following:
'58. The colours used for health marking must be those listed in Article 2 (8) of Directive 94/36/EC (OJ No L 237, 10. 9. 1994, p. 13).'
(g) in Chapter XII,
- the following subparagraph shall be added to point 59 (a):
'Wood may not be used except in the case of lamb and kid carcases, provided that all precautions are taken to prevent contact between the meat and the packaging in the event of a tear in the wrapping.',
- the fourth subparagraph of point 60 shall be replaced by the following:
'Where livers, kidneys or hearts are the subject of trade or are imported, each wrapping may contain only a complete organ.',
- point 62 shall be replaced by the following:
'However, when wrapping fulfils all the protective conditions of packaging, it need not be transparent and colourless. Euro-boxes may also be used as a second container, provided that the other conditions of point 59 are fulfilled.',
- the following subparagraph shall be added to point 63:
'Fresh meat may also be packed in a cutting room, provided that Euro-boxes, which must meet the requirements of point 59 (b) have been cleaned and disinfected prior to being brought into the cutting room.',
- the following phrase shall be added to point 64:
'except in the case of commercial portions intended for direct sale to the consumer',
(h) in point 66 of Chapter XIV, the second paragraph shall be replaced by the following:
'Derogations from this requirement may, for technical reasons relating to maturation of the meat, be granted by the competent authority on a case-by-case basis for the transportation of meat to cutting plants or butcher shops in the immediate vicinity of the slaughterhouse, provided that such transportation takes not more than two hours.'
(12) In Annex II, Chapter II:
(i) in point 10:
- in point (c), the words 'distinctly separated areas' shall be replaced by the words 'a distinctly separated area',
- point (f) shall be replaced by the following:
'(f) a refrigerating room of sufficient capacity in relation to the size and type of animals slaughtered, with a separate area intended for storing confiscated carcases, except in cases where confiscated carcases are immediately dispatched, under official control, to a specialist establishment for additional examinations.';
(ii) in point 11:
- the words 'or clean' shall be deleted,
- the following sentence shall be added:
'In the slaughter room, stomachs and intestines may be cleaned at times when no slaughtering is taking place.';
(ii) the following point shall be added:
'(15) Slaughterhouses must have a room with a lockable cupboard at the disposal of the inspection service through its work.'
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions including any penalties, necessary to comply with this Directive by 1 July 1995. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.
3. Pending the application of this Directive, the relevant national rules shall apply, in compliance with the general rules of the Treaty.
Article 3
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 22 June 1995. | [
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COUNCIL REGULATION (ECSC, EEC, EURATOM) No 2426/91 of 29 July 1991 amending Regulation No 422/67/EEC-5/67/Euratom determining the emoluments of the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance and Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the Members of the Court of Auditors
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 6 thereof,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 78c thereof,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 206 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 180 thereof,
Whereas it is appropriate to amend certain provisions of the Regulations determining the emoluments of the Members of the Commission, the Court of Justice, the Court of First Instance and the Court of Auditors, particularly in order to clarify the conditions under which the said Members are entitled to the benefits of the social security scheme provided for in the Staff Regulations of Officials of the European Communities,
HAS ADOPTED THIS REGULATION:
Article 1
1. Article 11 of Regulation No 422/67/EEC-5/67/Euratom (1) as last amended by Regulation (Euratom, ECSC, EEC) No 3911/90 (2) shall be replaced by the following:
'Article 11
Members of the Commission or of the Court shall be entitled to sickness, occupational disease, industrial accident and birth and death benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities.
The first paragraph shall also apply to former Members of the Commission or of the Court who benefit either under the pension scheme provided for in Article 8 or under the transitional allowance provided for in Article 7 or under the disability pension scheme provided for in Article 10.
However, the social security scheme provided for in the Staff Regulations of Officials of the European Communities shall not apply to risks already covered by another social security scheme under which the former Member of the Commission or of the Court may be eligible for benefits of the same nature and of the same level.
Nevertheless, a former Member of the Commission or of the Court who has held office at least until the age of 60 or is entitled to benefit under the disability pension scheme provided for in Article 10 shall continue to be entitled without restriction to sickness benefits under the scheme provided for in the Staff Regulations. If he is not in receipt of the transitional allowance provided for in Article 7 and is not entitled to benefit under either the pension scheme provided for in Article 8 or the disability pension scheme provided for in Article 10, the former Member of the Commission or the Court shall be obliged to pay half the contributions necessary to cover such risks. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.
A former Member of the Commission or of the Court who has ceased to hold office before the age of 60 and who, at the end of the period during which he is in receipt of the transitional allowance provided for in Article 7, is not entitled to benefit under either the pension scheme provided for in Article 8 or the disability pension scheme provided for in Article 10 may continue to qualify for the cover provided for in the second and third paragraphs of this Article, provided that he does not engage in any gainful occupation enabling him to be covered by another public sickness insurance scheme. He must then pay the full amount of the contributions necessary for the cover provided for in Article 72 (1) of the Staff Regulations of Officials of the European Communities. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.'
2. Article 12 of Regulation (EEC, Euratom, ECSC) No 2290/77 (3) as last amended by Regulation (Euratom, ECSC, EEC) No 3822/81 (4) shall be replaced by the following:
'Article 12
Members of the Court of Auditors shall be entitled to sickness, occupational disease, industrial accident and birth and death benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities.
The first paragraph shall also apply to former Members of the Court of Auditors who benefit either under the pension scheme provided for in Article 9 or under the transitional allowance provided for in Article 8 or under the disability pension scheme provided for in Article 11.
However, the social security scheme provided for in the Staff Regulations of Officials of the European Communities shall not apply to risks already covered by another social security scheme under which the former Member of the Court of Auditors may be eligible for benefits of the same nature and of the same level.
Nevertheless, a former Member of the Court of Auditors who has held office at least until the age of 60 or is entitled to benefit under the disability pension scheme provided for in Article 11 shall continue to be entitled without restriction to sickness benefits under the scheme provided for in the Staff Regulations of Officials of the European Communities. If he is not in receipt of the transitional allowance provided for in Article 8 and is not entitled to benefit under either the pension scheme provided for in Article 9 or the disability pension scheme provided for in Article 11, the former Member of the Court of Auditors shall be obliged to pay half the contributions necessary to cover such risks. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.
A former Member of the Commission or of the Court who has ceased to hold office before the age of 60 and who, at the end of the period during which he is in receipt of the transitional allowance provided for in Article 8, is not entitled to benefit under either the pension scheme provided for in Article 9 or the disability pension scheme provided for in Article 11 may continue to qualify for the cover provided for in the second and third paragraphs of this Article, provided that he does not engage in any gainful occupation enabling him to be covered by another public sickness insurance scheme. He must then pay the full amount of the contributions necessary for the cover provided for in Article 72 (1) of the Staff Regulations of Officials of the European Communities. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.'
Article 2
1. The following paragraph is hereby added to Article 15 of Regulation No 422/67/EEC-5/67/Euratom:
'8. The widow and dependent children of a Member or former Member of the Commission or of the Court shall be entitled to sickness benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities if they are not eligible for benefits of the same nature and of the same level under another social security scheme.'
2. The following paragraph is hereby added to Article 16 of Regulation (EEC, Euratom, ECSC) No 2290/77:
'8. The widow and dependent children of a Member or former Member of the Court of Auditors shall be entitled to sickness benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities if they are not eligible for benefits of the same nature and of the same level under another social security scheme.'
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 12 December 1989. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 July 1991. | [
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*****
COMMISSION DECISION
of 7 October 1988
approving a Greek programme for feedingstuffs pursuant to Council Regulation (EEC) No 355/77
(Only the Greek text is authentic)
(88/532/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural and fisheries products are processed and marketed (1), as last amended by Regulation (EEC) No 560/87 (2), and in particular Article 5 thereof,
Whereas on 14 September 1987 the Greek Government forwarded a programme on feedingstuffs and, on 18 April 1988, provided additional information regarding that programme;
Whereas the programme is designed to rationalize and modernize the feedingstuffs sector with a view to raising productivity and obtaining the best return for the products concerned; whereas it therefore constitutes a programme within the meaning of Article 2 of Regulation (EEC) No 355/77;
Whereas, the programme contains sufficient data, as referred to in Article 3 of Regulation (EEC) No 355/77, which show that the objectives set out in Article 1 of that Regulation can be achieved in the feedingstuffs sector and that the time allowed for its completion does not exceed that specified in Article 3 (1) (g) of the said Regulation;
Whereas the measures laid down in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The programme for feedingstuffs which was forwarded by the Greek Government on 14 September 1987 and supplemented on 18 April 1988 pursuant to Regulation (EEC) No 355/77 is hereby approved.
Article 2
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 7 October 1988. | [
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Commission Regulation (EC) No 1779/2003
of 10 October 2003
on the issue of import licences for high-quality fresh, chilled or frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat(1), as last amended by Regulation (EC) No 649/2003(2),
Whereas:
(1) Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).
(2) Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal originating in and imported from the United States of America and Canada which may be imported on special terms for the period 1 July 2003 to 30 June 2004 at 11500 t.
(3) It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,
HAS ADOPTED THIS REGULATION:
Article 1
1. All applications for import licences from 1 to 5 October 2003 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.
2. Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of November 2003 for 4330,967 t.
Article 2
This Regulation shall enter into force on 11 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 October 2003. | [
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COUNCIL REGULATION (EEC) No 577/91 of 4 March 1991 imposing a definitive anti-dumping duty on imports of certain types of electronic microcircuits known as EPROMs (erasable programmable read only memories) originating in Japan
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 10 and 11 thereof,
Having regard to the proposal submitted by the Commission, after consultations within the Advisory Committee as provided for by the above Regulation,
Whereas:
A. PROCEDURE
(1) In December 1986, the Commission received a complaint lodged by the European Electronic Component Manufacturers' Association (EECA) allegedly on behalf of practically all actual or potential Community producers of EPROMs (erasable programmable read only memories). The complaint contained evidence of dumping of EPROMs originating in Japan and of substantial injury within the meaning of Article 4 (1) of Regulation (EEC) No 2423/88 resulting therefrom. This evidence was considered sufficient to justify the initiation of a proceeding.
(2) The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of certain types of electronic micro-circuits known as EPROMs falling, at the same time of initiation, within subheading ex 85.21 D of the Common Customs Tariff and corresponding to NIMEXE codes ex 85.21-47, ex 85.21-69 and ex 85.21-71, originating in Japan, and commenced an investigation.
(3) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.
(4) Five Japanese exporters, their related importers in the Community and all complainant Community companies made their views known in writing. Two Japanese exporters decided, for commercial reasons, to refrain from cooperating with the Commission.
(5) An additional Japanese exporter made itself known at a later stage and, together with the two abovementioned Japanese exporters, submitted information at a later stage in the proceeding.
(6) A submission was also made by one end user.
(7) No submissions were made by independent importers.
(8) The majority of Japanese exporters and their related importers in the Community, all complainant companies and a Community end user requested, and were granted, hearings.
(9) The Commission sought and verified all information it deemed to be necessary for the purposes of a determination and carried out investigations at the premises of the following:
(a) Community complainant companies:
- SGS Microelettronica SpA Italy (SGS),
- Thomson Semiconducteurs, France (Thomson), which have subsequently merged into SGS-Thomson (ST);
(b) Japanese producers/exporters:
- Fujitsu Ltd, Tokyo and Kawasaki (Fujitsu),
- Hitachi Ltd, Tokyo and Musashi (Hitachi),
- Mitsubishi Electric Corporation, Tokyo and Itami City, Osaka (Mitsubishi),
- NEC Corporation, Tokyo (NEC),
- Texas Instruments (Japan) Ltd, Tokyo (Texas);
(c) Importers in the Community related to Japanese exporters:
- Fujitsu Microelectronik GmbH, Germany
- Fujitsu Microelectronic Ireland Ltd, Ireland,
- Hitachi Electronic Components (Europe) GmbH, Germany,
- Hitachi Electronic Components (UK) Ltd, United Kingdom,
- Hitachi Semiconductor (Europe) GmbH, Germany,
- Mitsubishi Electric (Europe) GmbH, Germany,
- Mitsubishi Electric (UK) Ltd, United Kingdom,
- NEC Electronics (Germany) GmbH, Germany,
- NEC Semiconductors (UK) Ltd, United Kingdom,
- NEC Ireland Ltd, Ireland,
- Texas Instruments Deutschland GmbH, Germany,
- Texas Instruments Italia SpA, Italy,
- Texas Instruments France SA, France;
(d) End users:
- International Computers Ltd, United Kingdom.
(10) The Commission requested, and received, further detailed written submissions from the complainant Community companies, the exporters and their related importers.
(11) A submission prepared by a management consultancy firm was submitted by one Japanese exporter in respect of a study undertaken with regard to the issue of injury and Community interest relating to Japanese EPROMs.
(12) These submissions were checked and analysed to the extent considered necessary.
(13) The five Japanese exporters which cooperated in the investigation were informed of the Commission's findings and some commented both orally and in writing. These comments were duly considered.
(14) The investigation of dumping covered the period April 1986 to March 1987. The examination of injury covered the years 1983 to 1987 as far as trends in volume, market shares and other economic factors were concerned and the year 1 April 1986 to 31 March 1987 for the detailed examination of price data.
(15) Because of the complexity of the EPROMs industry, combined with the internationalization of manufacturing processes, this investigation has exceeded the normal time period.
B. PRODUCTS UNDER INVESTIGATION, LIKE PRODUCTS AND COMMUNITY INDUSTRY
(a) Products under investigation
(16) The products under investigation are certain types of micro-circuits (EPROMs) including one-time programmable read only memories (OTPs) (3), whether assembled in processed wafer or die form, manufactured using variations of metal oxide semiconductor (MOS) process technology including complementary MOS types (CMOS) and N-channel types (NMOS) of all densities irrespective of access speed, configuration, package or frame. As from 1 January 1990 EPROMs fall within the following CN codes:
- 8542 11 63, 8542 11 65 and 8542 11 66 (finished EPROMs),
- 8542 11 10 (wafers not yet cut into chips),
- 8542 11 30 (chips), and
- 8542 11 76 (OTPs).
(17) The Commission also requested information in respect of EPROMs assembled in third countries from processed wafers and dice produced in Japan for subsequent importation into the EC. The information gathered revealed that the quantities of such products imported into the EC at the time were relatively small. It was, therefore, decided not to investigate the assembly operations of such imports.
(b) Like product determination
(18) In order to reach a determination in respect of like products in this proceeding, the Commission examined whether:
(i) processed wafers and dice are like finished EPROMs;
(ii) different densities and processes of EPROMs constitute different like products;
ad (i) Processed wafers and dice
(19) Several exporters argue that processed wafers and dice resulting therefrom are not like products to finished EPROMs. Although they believe that different types of EPROMs are best viewed as a family of distinct but interrelated products, they argue that a processed die without its casing and electrical connections is of no value since the casing and electrical connections are essential if the die is to be functional.
(20) Complainants argue that processed wafers and dice are like products to finished EPROMs since they are merely unpackaged EPROMs which embody the essential identity of the product. They further argue that failure to include unfinished forms of EPROMs within the scope of any anti-dumping measures would create a major loophole, since Japanese companies could simply ship the wafers and dice to the Community, assemble them there and then sell the finished EPROM on the open market.
(21) The Council notes that:
- once a wafer is processed or diffused, the dice contained therein have all the essential electronic properties which distinguish EPROMs from other products,
- there is virtually no separate merchant market for EPROMs wafers and dice,
- the processed dice are dedicated to a single use as the memory storage unit in a finished EPROM. In fact, certain Japanese exported large quantities of processed dice generally on pre-cut wafers to related companies in the EC for testing and assembly before entering the finished product into the commerce of the Community through the related companies' sales network.
(22) On the basis of the foregoing, it is determined that processed EPROM wafers and dice are like products to finished EPROMs.
ad (ii) Different densities and processes of EPROMs
(23) Most Japanese exporters argue that different densities and processes of EPROMs are to be regarded as separate like products and that these different types of EPROM are best viewed as a family of distinct but interrelated products. In view of this, it was further argued that anti-dumping duties which might be imposed need to be separately assessed for each different type of EPROM and that differentiating between different densities and technologies is necessary if appropriate consideration is to be given to injury and Community interest questions. The consequence of this position, it was maintained, is that any EPROMs of higher than one megabit density which are allegedly not included in the complaint and were not produced during the period under investigation and therefore not investigated would be outside the scope of any anti-dumping duties which might be imposed.
(24) Some Japanese exporters further argue that new generation EPROMs of more than one megabit density cannot be regarded as like products to current EPROMs due to:
- the different design environment and manufacturing technology,
- new plants and the necessity of new equipment for manufacturing,
- new architecture and different application.
(25) The complainants argue that the differing densities and process technologies do not result in the formation of a different like product. They maintain that the distinctions drawn by certain exporters would yield an analysis of numerous artificial industries, splintering a widely recognized product and production category. They further argued that to define different products on the basis of density or the improvement or relatively minor variations of the production process would elevate minor differences in characteristics and uses above major identities when none of these distinctions warrants the creation of a separate like product.
The Council notes that:
(26) - through the effects of a continuous learning process and refinements in technology, smaller, more dense, complex and higher performance memory circuits have been possible. In fact, since the introduction of EPROMs in the early seventies, successive generation EPROMs representing a quadrupling or doubling of memory capacity over the previous generation are being introduced approximately every three to four years. The investigation has revealed that in 1984, the 64K EPROM was the most sold generation in the Community, which had largely displaced the 16K and 32K EPROM while the 256K EPROM was first being introduced. In 1986, however, the 256K EPROM was sold in significant quantities gradually displacing the 64K EPROM with the 512K and one megabit generations starting to be introduced,
(27) - in addition, EPROMs of different densities and processes all fall within the same general category of products which perform the same basic function regardless of the size of memory. Although design and process technology have changed over the successive generations of density, the essential characteristic of an EPROM, its memory function, has remained the same. Furthermore its essential physical characteristics have also remained the same.
(28) - although different densities of EPROMs are not necessarily interchangeable from a practical point of view, end-use products (computers, etc.) are redesigned or conceived to accomodate higher density EPROMs in order to save space on circuit boards and manufacturing costs. In view of this generational shift in both EPROM capacity and end-use designs, the pricing of successive generations of EPROMs is closely linked. In this respect, it has been alleged by several parties involved in the proceeding that the introduction of a larger capacity EPROM will start to depress prices of the smaler size EPROM as soon as the larger capacity EPROM is priced at a certain level in relation to the smaller size EPROM.
(29) Taking the foregoing into consideration, it is considered that the similarities of EPROMs of different densities and processes outweigh their differences in memory capacity, design and process technology. In conclusion, it is determined that EPROMs of different densities and processes are like products.
Future densities of EPROMs
(30) It has also been considered whether future densities of EPROMs e.g. two and four megabits should be regarded as like products. It is noted that during the period under investigation there were no imports of densities above one megabit, although certain complainant companies and Japanese exporters were already carrying out research into such products.
It is also noted that the notice initiating this proceeding refers to all densities of EPROMs.
On the basis of the information available with respect to current density and future density EPROMs, in particular with regard to technical specifications and application, it is considered that all densities of EPROM including future densities are one like product.
(31) Flash EPROMs
After the investigation period, a new product variation, so-called 'flash' EPROMs, started to come onto the market. Most Japanese exporters argue that this product variation should be considered as an electrically erasable read only memory (EPROM) which is not subject to this anti-dumping procedure. The complainant companies are of the view that the technical properties of a flash EPROM are basically the same as EPROMs and should thus be considered as like products.
It has to be noted that in effect EPROMs are not considered as like products and are excluded from this procedure. From the technical information at hand it can be concluded that flash EPROMs, despite being electrically erasable, are built on EPROM and not on EPROM cell structure and are assembled into EPROM/OTP packages and have the same pinout as the latter. Furthermore, flash EPROMs generally subsitute EPROMs. For these reasons a flash EPROM if it is based on EPROM technology is considered to be a like product to EPROMs.
(32) Products intended for military applications
One exporter argued that EPROMs intended for military applications should not be regarded as the same like product as commercial EPROMs and in consequence should not be covered by the proceeding
It is noted that, notwithstanding any differences in customs treatment, EPROMs for military applications are standard EPROMs which undergo severe testing and that such products are used equally for civil applications which require high performance and reliability (satellites, etc.).
In conclusion, it is determined that EPROMs for military applications and EPROMs for commercial applications are one like product.
(c) Community industry
(33) In relation to the determination of the like product, it had to be defined for the purposes of the injury determination in accordance with Article 4 (5) of Regulation 2423/88 which companies constitute the Community industry. To this end, the following were analysed:
(i) the manufacturing processes involved in EPROM production;
(ii) EPROM related activities of those Community companies which made themselves known during the proceeding.
(34) ad (i) With regard to the manufacturing processes involved in EPROM production, it is noted that production can roughly be divided into two major phases:
- wafer diffusion and sorting (also referred to as front-end operations): where dice are produced on the silicon wafer and each die on the wafer is tested in order to mark defects. Wafer diffusion is technologically the most demanding production step which involves considerable investment both in basic research and in developing the highly sophisticated manufacuring technology. Once the wafer is processed, all essential characteristics of the finished product are already contained on the die found thereon,
- assembly and final testing: where the dice contained on the wafer are cut wire bonded, encapsulated into ceramic or other packages and finally tested before shipment. This production step (also referred to as back-end operations), is technologically less demanding and requires relatively modest capital investment in research and development. However, as a ratio of total cost of production, assembly costs are generally significant, and may even exceed in some cases wafer diffusion costs.
(35) ad (ii) With regard to EPROM activities of those Community companies which made themselves known during the proceeding, it is noted that, setting aside the two complainant companies (currently one following the merger of SGS and Thomson), three companies related to Japanese exporters imported wafers and dice during the period under investigation which were then assembled by the into EPROMs in the Community.
(36) Wafer diffusion is from a technological and capital investment point of view more significant than the assembly and testing operations, but assembly and testing operations can account for a significant part of the cost of manufacture.
(37) However, it can be left open whether companies performing assembly or testing operations only belong to the Community EPROM industry.
(38) Even if companies performing assembly or testing operations only were part of the Community EPROM industry, it has to be considered whether, pursuant to the first indent of Article 4 (5) of Regulation (EEC) 2423/88, those companies related to Japanese exporters which themselves import the products under investigation should be excluded from the definition of Community industry. In this respect, the fact has been taken into consideration that those companies that import and assemble in the Community wafers and dice originating in Japan sell the finished product through the same corporate sales channels as direct imports of EPROMs originating from the same Japanese exporter and that the pricing of finished EPROMs, whether assembled in the Community or exported directly from Japan, is controlled by the same Japanese parent company. Furthermore, any dumping by the Japanese exporter influences the condition of the related assembling company, since it benefits directly or indirectly from the unfair practice. Under these circumstances, it is considered that those companies which import wafers and dice for assembly in the Community from realted Japanese exporters should be excluded from the Community producers representing the Community industry.
Arguments concerning the definition of Community industry
(39) Several Japanese exporters argue that they cannot accept that the complainants represent practically all actual or potential Community producers of EPROMs as the notice of initiation of the anti-dumping proceeding states. They submitted that since the technology for manufacturing EPROM wafers and dice can be purchased from numerous sources, any large-scale European electronic components manufacturer is a potential Community producer of EPROMs. They also argue that, since assembly and testing account for a significant part of the production costs of an EPROM, those companies performing assembly operations in the Community should be included in the definition of Community industry. They support this point by submitting that, since under the legislation applicable at that time, assembly operations were sufficient to confer Community origin on the products assembled in the Community, it would be more appropriate to define Community industry in terms of products which had their origin within the Community.
(40) In response to these arguments, it has to be pointed out that following the publication of the notice of initiation, no parties came forward, other than the two complainant companies and some assembling companies related to Japanese exporters, claiming that they were actual or potential producers of EPROMs and that in consequence Community industry should be interpreted so as to include them. In this respect, the Council is of the view that companies that may be technically capable of producing EPROMs are not to be regarded as potential producers unless they have committed themselves in some way to future EPROM production.
As for the Japanese-related companies which import wafers and dice for assembly in the Community, the Council referes to recitals 36, 37 and 38.
(41) In conclusion, the term 'Community industry' is interpreted as referring to the complainant companies represented by the EECA, i.e. SGS and Thomson.
C. NORMAL VALUE
(42) With a view to determining normal values for the device types exported to, and sold in, the Community, prices and costs on the Japanese market were analysed. This analysis revealed that prices for the 128K, 256K, 512K and 1M densities were declining over the period under investigation while for the 16K, 32K and 64K densities which are products at the end of their life cycles, prices were stable or slightly increasing. With regard to costs, information on a quarterly basis revealed that, in general, costs for all densities declined over the period but that for some quarters costs were higher than in the preceding quarter due to a lower production Costs costs for the 64K were increasing slightly in the last quarter as production volumes were being reduced.
(43) For each exporter, prices were compared with the weighted average costs of production. This revealed that, for most exporters and for many device types, costs of production were, not only for substantial quantities but also on a weighted average basis, higher than domestic prices. The sales pertaining to these EPROM devices were therefore, pursuant to Article 2 (4) of Regulation (EEC) No 2423/88, considered as not having been made in the ordinary course of trade. for those device types sold at a loss, normal value was constructed. For the profitable EPROM devices sold on the domestic market, the domestic prices were used as the basis for the normal value determination where the sales volume involved exceeded 5 % of the sales volume in the Community.
Where the sales volume on the Japanese market was 5 % or below, normal value was also constructed. In adopting this approach, it was considered, in accordance with past practice, that a sales volume not exceeding the 5 % threshold is insufficient to permit a proper comparison.
(44) For exports of EPROM dice on pre-cut wafer, already cut EPROM dice or untested EPROM devices, normal values were also constructed, since these products were not sold on the Japanese market.
(45) Constructed values were determined by adding cost of production and a reasonable margin of profit. The cost of production was computed on the basis of all costs, both fixed and variable, incurred in Japan, of materials and manufacture to which was added a reasonable amount for selling, administrative and other general expenses and profit.
(46) As regards the amounts of selling, administrative and other general expenses to be included in such constructed values, these were calculated on the basis of the expenses actually incurred by the exporter concerned; the amounts of profit to be included in such constructed values were calculated on the basis of profits realized by the exporter concerned on its profitable sales of EPROMs on the domestic market during the period under investigation.
(47) Cost of production was established by examining the economic entity of the exporter with regard to its activities on the Japanese market. That is to say, they were computed on the basis of the full costs of the parent/manufacturing company and the full costs of any sales subsidiaries or related companies performing the function of a sales department for the parent company. In this case, transactions between the parent/manufacturing company and its sales company were disregarded and transactions by the sales company to independent customers were taken into consideration for normal value purposes.
(48) Where costs had to be allocated to several products in order to compute costs relating to EPROMs, the accounting practice of the exporter was generally accepted as being reasonable. However, following investigations at the exporters' premises, initial responses to the Commission's questionnaire were, in practically all cases, either revised or complemented by information. In addition, modifications were made for certain exporters in respect of the following:
(49) Research and Development expenses (R & D)
All R & D expenses incurred in the period of investigation which related in any way to EPROM products, be it current or future products, have been appropriately allocated to the EPROM cost of production incurred during the period of investigation. For some exporters, certain R & D expenses declared have been amended following a more precise allocation for the expense in question.
In one particular case, the allocation made by the exporter resulted in MOS products other than EPROMs incurring R & D expenses significantly greater than EPROMs. On the basis of an analysis undertaken by the Commission with reference to R & D expenses incurred by other parties involved in the proceeding, and taking into consideration the importance of EPROM products as a technology driver for other MOS products, it has been decided to allocate the R & D expenses declared in total for MOS products to EPROMs on the basis of a turnover allocation.
Arguments concerning the normal value determination
(50) Some exporters argue that the normal value should be determined on the basis of the prices actually paid, or payable, on the domestic market on the grounds that, although sales of some devices may have been made at a loss, all costs would have been recovered, albeit over a period longer than the investigation period, and therefore the prices should be regarded as being in the ordinary course of trade.
(51) The Council cannot accept this argument. It considers that, since the investigation period covers a whole year, EPROM devices sold at prices which did not permit recovery of all costs reasonably allocated within this period can reasonably be regarded as not having been made in the ordinary course of trade pursuant to Article 2 (4) (b) of Regulation (EEC) No 2423/88.
(52) Another exporter argues that there is a need to take account of the specific and unusual situation of the EPROM industry in which products become rapidly outdated and costs of production decline sharply over a short period.
It further argues that prices have been changing both during and since the investigation period and accordingly, were a single normal value to be determined for the one-year investigation period and compared with export prices transaction by transaction over the same period, the results obtained would bear no relation to the market situation during that period. This exporter therefore proposed that, in accordance with the requirement in Article 2 (9) of Regulation (EEC) No 2423/88 that normal value and export price be determined as nearly as possible at the same time, the comparisons between normal value and export price be made on a quarterly basis. This proposal would therefore require the establishment of quarterly normal values.
(53) The Commission, following analysis of the specific and unusual situation of the EPROM industry, took the view in the early stages of the proceeding that normal values should be established on a quarterly basis in order to reach a more precise dumping calculation. For this reason, the Commission requested in its questionnaires the submission of data on a quarterly basis. When, on analysis of this data, it became apparent that normal value for most EPROM devices would have to be constructed on the basis of costs of production, it had to take into consideration when examining all exporters' submissions, the volatility of costs, the absence of cost data for some devices and some quarters due to non-production and the difficulties in relating actual costs to individual sales transactions. For these reasons, the Council concludes that it would be more reasonable to determine normal values on an annual basis. In so doing, the Council considers that the results obtained reflect the market situation during the period under investigation.
Reasonable profit
(54) Several exporters argue that the margin of profit calculated by the Commission by reference to those EPROM devices which yielded a profit over the period under investigation is unreasonable in the light of the depressed state of demand at the time.
Another exporter argued that the calculation based on a weighted average of all profitable device types sold on the domestic market excluded device types sold at a loss, and that a fair and representative 'reasonable profit' should be calculated on sales both at a profit and at a loss.
It was further argued that it is misleading to view any given generation of memory in isolation or at a snapshot point in time and that it would give a more realistic picture if profitability were evaluated over complete life cycles of products as well as for EPROMs generally.
(55) When constructing normal values, the Council has to determine a reasonable margin of profit to add to cost of production. Article 2 (3) (b) (ii) of Regulation (EEC) No 2423/88 provides the basis for reaching a reasonable profit, i.e. 'by reference to . . . the profit realized by the producer or exporter on the profitable sales of like products on the domestic market'.
Accordingly, profitable sales were determined as described at recital 43. Where, following this approach, sales have been determined profitable over the said period, individual sales may have been made at a loss, provided that sufficient sales at a profit led to an overall profit being realized for the period.
This approach is considered reasonable and the results obtained are not viewed as being unreliable. The fact that they differ from exporter to exporter reflects the particular competitive position and pricing policy of each exporter.
D. EXPORT PRICE
(56) All five exporters which had responded to the Commission's questionnaire within the time limits laid down sold finished EPROMs to independent customers in the Community through Community-based sales subsidiaries. All five exporters shipped finished EPROMs to the Community from Japan. Three exporters shipped, in addition, wafers and dice for further processing in manufacturing subsidiaries in the Community prior to sale in the finished state via the sales subsidiaries. Several exporters made direct sales of finished EPROMs to independent importers in the Community in addition to sales via their sales subsidiaries. Some exporters made sales of EPROMs, although representing small quantities, intended for export to the Community via non-related Japanese purchase offices of Community companies.
(57) With regard to exporters by Japanese producers directly to independent importers in the EC and to independent purchasers in Japan (Japanese purchase offices) export prices were determined on the basis of the prices actually paid, or payable, for the products sold.
(58) In all other cases, i.e. where exports were made to subsidiary companies which imported the product into the EC, it was considered appropriate in view of the relationship between exporter and importer to construct export prices on the basis of prices at which the finished products were first resold to independent purchasers in the EC. For this calculation, it was necessary to separate:
(i) EPROMs that were exported in a finished state and sold to independent purchasers in the same state; from
(ii) EPROMs exported for further processing in the Community and subsequently sold in a finished state.
For some exporters which assembled or further processed in the Community, it was not possible to identify with any precision sales of the finished EPROMs according to whether they were exported in the same state from Japan or assembled or further processed in the Community from wafers or dice. In this case, the sales quantities of the finished EPROMs were separated on the basis of the ratio between the quantities of finished EPROMs and the quantities of EPROMs for assembly or further processing imported into the Community.
ad (i) Constructed cif Community border export prices for finished products were reached by deducting from resale prices to independent purchasers all costs incurred by the sales subsidiary between importation and resale including duties and taxes and a reasonable profit margin. In the absence of cooperation from independent importers, the profit margin was, on the basis of experience, assessed at 5 % on sales turnover.
ad (ii) Constructed cif Community border export prices for unfinished products were reached by deducting from resale prices to independent purchasers, as a first step, the costs and the profit margin determined for the sales subsidiary and, as a second step, all costs incurred by the manufacturing subsidiary for the assembly of further processing operations. No additional profit margin was attributed to the manufacturing subsidiary.
(59) Some export transactions relating to certain device types were neglected either because the quantities involved were de minimis or because no reliable information was available to establish a normal value. It is considered that this approach has had a negligible impact on the dumping findings.
Arguments concerning the determination of export prices
(60) One exporter argues that a 'reasonable profit' margin for its importing subsidiaries in the Community is less than the 5 % used.
(61) The Council considers that actual profits or losses realized by an exporter's subsidiaries which perform inter alia the function of an importer in the Community cannot be taken into consideration because such profits or losses are influenced by the relationship between exporting and importing companies. Based on experience, a 5 % profit margin is considered reasonable for an independent importer dealing in products similar to that under investigation.
(62) Another exporter argues that the methodology used by the Commission to construct export prices for wafers and dice from prices of the finished EPROMs to independent purchasers in the EC is extremely unfair. It claimed that the only result of its decision to invest in European EPROM production facilities has been that its dumping margin is considerably higher than it would have been if it had not manufactured within the EC.
(63) Without prejudice to the merits of this exporter's decision to invest in European production facilities, the Council considers that the methodology adopted to construct export prices for wafers and dice is reasonable since it involves making an allowance for all costs incurred between importation and resale and for a reasonable profit in accordance with Article 2 (8) (b) of Regulation (EEC) No 2423/88.
The fact that the costs incurred by this exporter in the Community were high compared to those incurred in Japan does not invalidate the methodology used. Furthermore, other exporters with assembly operations in the Community have not contested the methodology.
E. COMPARISON
(64) For the purposes of a fair comparison between normal value and export prices, account had to be taken, where appropriate, of differences affecting price comparability, such as differences in physical characteristics, import charges and indirect taxes and differences in directly related selling costs where claims for these differences in the sales under consideration were made. All comparisons were made at ex works level.
(65) As regards physical characteristics, EPROM devices on the basis of the following technical characteristics and specifications were isolated:
- by product group, i.e. assembled EPROMs, processed wafers or processed dice,
- by density,
- by process, e.g. CMOS and NMOS including shrunk die versions,
- by package material (ceramic or plastic, etc.),
- by type of packaging (DIP, LCC, SOP, etc.),
- by speed grade (access time),
- by lead frame coating,
- by configuration.
The export price of a product isolated in accordance with these characteristics and specifications was, therefore, easily compared with the normal value for an identical product.
(66) As regards allowances for directly related selling costs, adjustments were made for differences in:
- transport, insurance, handling, loading and ancillary costs,
- packing,
- payment terms,
- warranties, guarantees, technical assistance and other after sales services,
- salesmen's salaries and commissions.
(67) In view of the relatively minor adjustments claimed for comparison purposes and the complexities of the investigation in other areas, the claims made by exporters were accepted without detailed verification except in those cases where it was evident from the submissions that expenses claimed for allowances were not directly related costs. This was particularly the case for intra-company transport and insurance costs, and salaries of staff alleged to be salesmen. In some cases, claims were made for patent fees. However, since the adjustment in question affected equally both normal and export price and therefore has had no impact on the dumping calculation, no adjustment was deemed appropriate.
F. MARGINS
(68) Normal value for each of the devices of each exporter was compared with export prices of comparable devices on a transaction-by-transaction basis. The examination of the facts shows the existence of dumping in respect of imports of EPROMs originating in Japan from all the Japanese producers/exporters investigated, namely Fujitsu Limited, Hitachi Ltd, Mitsubishi Electric Corporation, NEC Corporation, and Texas Instruments (Japan) Ltd, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.
The margins of dumping varied according to exporter and for each exporter according to importing Member State, EPROM device and customer. The weighted average margins of the exporters named above when expressed as a percentage of the cif Community border price vary between 35 and 106 %.
(69) For those exporters which did not reply to the Commission's questionnaire, dumping was determined on the basis of the facts available in accordance with the provisions of Article 7 (7) (b) of Regulation (EEC) No 2423/88.
In this connection, it was considered that the results of the investigation provided the most appropriate basis for determination of the margin of dumping and that it would create an opportunity for circumvention of the duty to hold that the dumping margin for these exporters was any lower than the highest dumping margin of 106 % determined with regard to an exporter which had cooperated in the investigation. For these reasons, it is considered appropriate to use this latter dumping margin for this group of exporters.
G. INJURY
(a) Development and present state of the Community industry
(70) The Commission received and verified detailed information on the EPROM activities of the complainant companies constituting the Community industry.
This information has revealed that there are two complainant companies, SGS of Italy and Thomson of France, which merged their semiconductor activities after the investigation period.
(71) One company entered the semiconductor business by acquiring, in 1983, a company which had previously been a subsidiary of two other companies. EPROM products were available in this acquired company in NMOS 16K, 32K and 64K densities, and in CMOS 16K and 32K densities. The company decided to increase its EPROM business activities and initiated a major R& D programme at the beginning of 1984 to develop new products in both NMOS (64K, 128K, 256K) and CMOS (64K) as well as new technologies. By the end of that year, total EPROM sales resulting from these developments were expected, for the period 1985 to 1987, to be considerable. However, these sales forecasts were never achieved.
- Delays which had occurred in starting the 64K DRAM production affected the development of 64K EPROMs, consequently wafers for 64K EPROMs had to be purchased from a third country supplier for assembly by this company in the EC.
- Market conditions forced this company to further review its R& D programme particularly in the light of massive losses on its EPROM sales. The company was prevented from entering into full fabrication of certain higher density NMOS products and had to discontinue any further work on NMOS technology. The CMOS development was continued but suffered cutbacks during 1986 due to the continuing low price levels.
(72) The other company has been producing EPROMs in the EC from the early 1980s. During the investigation period a wide range of EPROMs, including the 16K, 32K, 64K, 128K, 256K and 512K densities, were produced in significant volume.
From 1983 to 1985, production was exclusively carried out in an existing production facility. In late 1983 this company adopted a plan providing for the building of a more advanced production line which was primarily intended for large volume production of 64K and 256K devices and it was scheduled that by the end of 1986 the new production line would be operating at full capacity. Due to a dramatic price depression for EPROMs on both the EC and world markets, this company had to postpone the full implementation of this plan on several occasions and a full capacity ramp-up could only be achieved by the end of 1988 instead of the end of 1986 as provided for in the initial plan, thus having caused a delay of about two years, and significantly contributing to the considerable losses and lack of return on investment suffered by this company.
(b) Status of the Community industry
(73) From the foregoing it is apparent that both complainant companies have been producing and selling EPROMs in considerable quantities prior to, and during, the investigation period in and outside the EC. This is not seriously contested by the Japanese exporters. Thus it is considered that the Community EPROM industry, as represented by the complainant companies, is an established industry.
Injury factors
(a) Volume and market shares of imports of EPROMs of Japanese origin
(74) No precise figures concerning total imports and total consumption were available. However, on the basis of information obtained from parties involved in the proceeding and from a number of other sources, the Commission was able to assess in a reasonable manner consumption in the EC. This revealed that EPROM consumption increased considerably from 1984 (29,9 million units) to 1986 (33,2 million units), decreasing in 1987 (28,8 million units). In the same period, Japanese sales in the EC increased from around 6 million units in 1983 to 15,6 million units in 1987, peaking at 26,2 million units in 1986. This development represents an increase of market share held by Japanese producers from 71 % in 1984 to 79 % in 1986, and a decrease in 1987 to 54 %. It should be noted that these figures are based on EPROM units and it is considered that, since demand is for memory capacity, a more precise method would be to calculate the number of bits of memory capacity according to the memory density of individual units. The information available, however, did not permit this calculation over the whole period concerned. The information does suggest that the consumption in 1987, when expressed in memory bits, was higher than that shown on a unit basis and that the market share of the Japanese producers was also higher. Sales of EPROMs of Japanese origin in the EC measured in memory bits showed a significant increase from 1984 to 1986, i.e.
- 1984: 1,2 million megabits,
- 1985: 1,8 million megabits,
- 1986: 3,0 million megabits.
(75) It came to light during the investigation that a possible grey market existed for EPROM products in view of the fact that EPROM prices for certain devices were alleged to be somewhat lower in Japan than in the EC. It has not been possible to quantify such sales but, on the information available, it is believed that the quantities involved were relatively small. In any case, whatever the quantities may have been, their inclusion in the calculations would lead to an increase in the market share held by Japanese products.
(b) Prices
(76) The Commission's analysis of EPROM prices revealed that on the EC and world markets prices decreased significantly prior to and during the period under investigation. Only at the end of this period did prices stabilize or, for some devices, slightly increase. Further analysis revealed that this acute price decline was greater than could be expected from economies of scale and the learning curve effect well known to this industry. In fact, prices of Japanese EPROMs were generally at levels below production costs.
(c) Other relevant economic factors
(77) It was found that for one complainant company production decreased, both in unit and cumulative capacity terms, over the period from 1984 through the investigation period. For the other complainant company, however, production increased over this period.
(78) As regards capacity utilization by the complainant companies, it was found that a significant reduction had occurred at both complainant companies between 1984 and the investigation period.
(79) It was established that stocks increased dramatically at both complainant companies between 1984 and the investigation period, both in unit terms as in terms of cumulative memory capacity.
(80) Concerning EPROM turnover of the two complainant companies, it was found that it has decreased significantly for both complainant companies over the time span between 1984 and the investigation period. It is furthermore worthwhile mentioning that even the complainant company, which could significantly increase its EPROM sales over the period referred to above both in unit and cumulative memory capacity terms, nevertheless suffered a decrease in EPROM turnover.
(81) As regards the profit and loss situation of the EC EPROM manufacturers, it has been established that they suffered heavy losses during the period from 1985 to 1987 peaking in 1986 as a result of the depressed market prices.
(d) Conclusion
(82) The facts referred to above show that, following the significant increase of Japanese EPROM imports and sales, combined with rapidly declining prices, the Community industry was not in a position fully to use capacity and benefit from economies of scale; turnover decreased and stocks increased. This resulted in considerable financial losses and lack or delay of return on investment.
H. CAUSATION OF INJURY BY THE DUMPED IMPORTS
(a) Effects of dumped imports and other factors
(83) The Japanese producers/exporters claim that their dumped imports were not the cause of the price depression on the EC EPROM market but that they had to meet existing market conditions. It has been established that, for the last four years, Japan has been by far the most significant exporter of EPROMs to the Community, steadily increasing its market share at the expense of the Community producers and American exporters. Furthermore, the Japanese producers/exporters hold a similar positon on the world market. Therefore, it can be assumed that the Japanese exporters/producers acted as price leaders.
(84) The Japanese producers/exporters further claim that the injury caused to the Community EPROM producers was not brought about by the depressed market prices but by other factors such as late market entry, poor performance on non-price factors, inappropriate strategy and management, structural and technical problems. While it is true that the Community producers were relatively late entrants and were primarily active in the market segment for lower and medium density EPROMs, it has to be noted that both complainant companies had well established sales relationships with a significant number of major EPROM consumers, which suggests that performance, strategy and management and product quality met the expectations of these consumers.
(85) Some Japanese producers/exporters argue that the complainant companies neglected their EPROM business in order to produce more profitable products in the facilities built for EPROMs. The investigation did not, however, produce any evidence supporting this argument.
(b) Conclusions
(86) The foregoing has led the Council to determine that the effects of dumped imports of EPROMs originating in Japan, taken in isolation, have to be considered as causing material injury to the Community EPROM industry.
I. COMMUNITY INTEREST
(87) In assessing whether it is in the interest of the Community to take measures against dumped imports of EPROMs from Japan which have been shown to cause injury to the complainant Community industry, the Council has taken into consideration the benefits derived from mass EPROM production, and the particular situation of the Community EPROM industry and user industries.
With regard to the benefits derived from mass EPROM production, the Council is of the view that a viable Community EPROM industry will contribute to a strong Community electronics industry overall. First, EPROMs serve as a technology driver for other more complex semiconductor devices. Second, the semiconductor industry of which EPROMs are a part is a strategic industry in that semiconductors are a key component for the data processing, telecommunications and automotive industries.
Third, the use of the most advanced technology in EPROM production not only improves the competitiveness of this industry but also that of the downstream electronics industry. Fourth, a strong Community EPROM industry will continue to provide an alternative source of supply to the Community electronics industry thereby reducing dependence on the Japanse producers of EPROMs. This latter aspect is considered essential, given the fact that Japanese producers are generally vertically integrated and also manufacture the end products which compete with those produced by the Community electronics industry.
As regards the particular situation of the Community EPROM industry, it has to be noted that the two complainant companies which have subsequently merged their EPROM activities have been well established EPROM producers for a long time, offering a great variety of product subtypes and continually maintaining a high degree of investment in R& D, plant facilities and equipment. This state of affairs renders it particularly vulnerable to any renewed dumping practices and it requires a certain degree of reliance on fair market conditions for the future.
In the light of the findings relating to the investigation period, it can be foreseen that reoccurrence of dumping by the Japanese exporters and the resulting negative consequences for the financial status of the European producers would force the latter to discontinue their EPROM production. This would give the Japanese exporters an even more dominant position on the EC market and thus reduce competition to an extent incompatible with the interests of the Community.
Arguments concerning Community interest
(88) Most parties involved in the proceeding submitted arguments on whether the imposition of anti-dumping duties or other measures are in the interest of the Community. Nearly all Japanese exporters argue against the imposition of duties. The arguments made by them are in most cases variations of a smaller number of core arguments which are itemized below:
- the imposition of anti-dumping duties would not be in the Community interest because they would raise the average prices of EPROM products in the EC thereby adversely affecting the competitive position of certain high-technology industries and undermining efforts to make such industries more competitive,
- US and other non-European producers will benefit from such higher prices far more than the complainants,
- higher prices would encourage some EPROM users to consider moving parts of their operations overseas,
- the complainants' market share would not increase significantly because they are likely to be uncompetitive on costs and non-price factors.
(89) EECA, representing the complainants, argues that the taking of measures is in the interest of the Community on the grounds that:
- manufacturing skills in semiconductor technology are crucial for a strong European electronics industry as a whole, since the EPROM is a major semiconductor technology driver and the semiconductor industry is a strategic industry,
- without viable semiconductor production, competitiveness of European producers of other electronic products will be endangered and will remain at a technological disadvantage compared to Japanese producers,
- the European electronics industry must have a local source of supply and be enabled to cooperate with Community semiconductor producers in order to develop new, competitive electronic products. All major Japanese semiconductor producers are vertically integrated and also compete with European user industries. Not to safeguard a viable Community EPROM industry would mean to restrict EC users to foreign sources of supply,
- without European EPROM producers, competition would be reduced and a strong market force would disappear, so that third country producers would be able to dictate the types of product to be supplied as well as their prices.
(90) The Council has taken account of all the views advanced.
(91) In the first instance, the Council recognizes the importance of a strong Community electronics industry for the Community industry generally and the strategic role played by EPROMs in this respect as a product at the leading edge of technology. Community action in the field of research and development projects such as Jessi are evidence of this recognition. Such action is taken to improve the competitiveness of an industry on the general understanding that it will be able to operate in a fair market environment.
(92) Second, as to the arguments raised by exporters concerning the negative impact of higher prices on the EC market resulting from the imposition of anti-dumping duties, it cannot be accepted that advantages gained in the past through unfair dumping practices can now be invoked as a justification for not taking the necessary steps to establish a fair trading situation.
(93) As to the argument that the cost of anti-dumping duties to the EPROM consuming industries would be completely disproportionate to any benefit which might result for the complainants, the Council points to the fact that the cost of EPROMs is generally quite small if compared to the cost of the final product manufactured by the user industries. Therefore, there is nothing which could suggest that the cost of anti-dumping measures would be disproportionate for the user industries. In this connection, it is significant that this argument was not raised by an EPROM user.
(94) As to the argument that the US and other non-European producers will benefit from higher prices of EPROMs more than the complainants as a result of a switch in demand, no conclusive evidence has been submitted and it can only be remarked that appropriate action would be taken should it become evident that such suppliers dump.
(95) In conclusion, after having considered the various arguments of all interested parties, the Council considers that the Community interest calls for granting protection to the Community EPROM industry to ensure that it can develop in a fair market environment. However, given the particular characteristics of the EPROM industry characterized by short life cycle products, volatile and rapidly declining costs and prices and the price development since the period under investigation, it is considered that in the interest of the Community, the necessary protection should be given by means of a measure which could be suitably tailored to follow the dynamics of the EPROM industry without causing unnecessary hindrance to the user industries.
J. MEASURES
Price undertakings
(96) By Decision 99/131/EEC (4), the Commission has accepted, in accordance with Article 10 (3) of Regulation (EEC) No 2423/88, undertakings offered by each of the following Japanese exporters:
- Fujitsu Ltd,
- Hitachi Ltd,
- Mitsubishi Electric Corp.,
- NEC Corp.,
- Sharp Corp.,
- Texas Instruments (Japan) Ltd, and,
- Toshiba Corp.
Duty
(97) On the basis of the information available, the Council believes that the exporters which have offered undertakings currently represent practically all Japanese EPROM producers which export EPROMs to the EC. However, in order to safeguard the effectiveness of the undertakings by covering inter alia 'grey market' sales to the EC, known to exist for this product, a definitive anti-dumping duty should be imposed.
(98) Given that, in order to avoid circumvention, such duty to be imposed should be at a level equal to the highest dumping margin found for an exporter cooperating in the proceeding but lower were a lesser duty adequate to remove the injury, the Commission quantified the injury caused to the complainant companies by dumped imports from Japan in the following manner:
Japanese weighted average resale prices of specific EPROM types were compared with the costs of production of the same types which the complainant companies manufactured and sold in the EC.
A profit margin has been added to these cost figures to take into account inter alia new research and development programmes and investment required for the necessary machinery capable of operation on the basis of a lower micron technology. Guided by the results of a study prepared by the University of Munich on necessary profit levels for the Community DRAM industry, which is considered to be broadly similar to the EPROM industry in this respect, a margin of 25 % on cost of production was considered reasonable in these circumstances.
In all cases, the comparison of the EC companies' costs, increased by the profit margin referred to above, with each Japanese exporter's resale price for the given product revealed that the latter was considerably lower. The difference was calculated for each type and density, weighted by the exporter's sales quantities in the EC and expressed finally as a percentage of the cif value for the same quantities used in the calculation.
The result of this operation shows that while the dumping margins established for all but one Japanese exporter, when expressed as a percentage of cif value, are considerably lower than the percentage required to eliminate injury, the latter percentage remains below the level of the highest dumping margin found. For the exporter with the highest dumping margin a duty of 94 % on cif value would, therefore, be sufficient to eliminate the injury caused to the Community EPROM industry.
(99) In the light of these circumstances, the duty should be in the form of an ad valorem duty and the rate should be 94 % of the net free-at-Community border price before duty.
(100) In view of the fact that the undertakings offered by the exporters named at recital 96 have been accepted by the Commission, these exporters can be excluded from the scope of application of the duty on imports of EPROMs originating in Japan,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of certain types of electronic micro-circuits known as EPROMs (erasable programmable read only memories) falling within CN codes ex 8542 11 10, ex 8542 11 30, 8542 11 63 or 8542 11 65 or 8542 11 66 and ex 8542 11 76 (for Taric and additional codes see Annex II), originating in Japan.
2. For the purpose of this Regulation, EPROMs comprise all types including one time programmable read only memories (OTPs) and flash EPROMs if based on EPROM technology of all densities in finished and unfinished forms such as wafers and dice (mounted or unmounted).
3. The rate of the duty shall be 94 % of the net free-at-Community-frontier price before duty.
4. Products referred to in paragraph 1 shall be exempt from the duty, provided that:
- they are produced and exported to the EC by the following companies which have given an undertaking which is accepted pursuant to Article 1 of Decision 91/131/EEC:
- Fujitsu Ltd,
- Hitachi Ltd,
- Mitsubishi Electric Corp.,
- NEC Corp.,
- Sharp Corp.,
- Texas Instruments (Japan) Ltd and
- Toshiba Corp., or that
- they are produced by one of the companies listed in the first indent and exported to the Community by one of its affiliated companies listed in Annex I, or that
- they are produced, and sold for export to the Community, by one of the companies listed in the first indent: in this case, exemption from the duty shall be conditional upon presentation to the customs authorities of documentation from the producer confirming that it sold the products for which the exemption is sought for export to the Community; the documentation (the format of which is contained in Annex III) must contain a clear description of the device type(s) sold, the total quantity per device type, the unit price per device type, or a statement that the price was not lower than the applicable reference price, the invoice number and the confirmation that these products were produced and sold for export to the EC by the said company under the undertakings referred to in Article 1 of Decision 91/131/EEC, or that the following conditions are fulfilled:
- the date of order confirmation to the first independent purchaser for the products in question is prior to the entry into force of this Regulation, and
- effective delivery of these goods to the first independent purchaser occurred not later than the quarter (31 March, 30 June, 30 September, 31 December) following the quarter during which this Regulation entered into force, and
- the products in question were produced by one of the companies listed in the first indent.
5. The provisions in force concerning customs duties shall apply.
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, 4 March 1991. | [
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COMMISSION REGULATION (EC) No 1709/2004
of 30 September 2004
fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 september 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 1784/2003 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 within the Community may be covered by an export refund.
(2)
Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EC) No 1784/2003 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds.
(3)
That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.
(4)
Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.
(5)
The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.
(6)
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 export refunds on the compound feedingstuffs covered by Regulation (EC) No 1784/2003 and subject to Regulation (EC) No 1517/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 September 2004. | [
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COMMISSION DECISION of 28 November 1996 approving the programme for the eradication of enzootic bovine leucosis for 1996 presented by Italy and fixing the level of the Community's financial contribution (Only the Italian text is authentic) (97/68/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of enzootic bovine leucosis;
Whereas by letter, Italy has submitted a programme for the eradication of enzootic bovine leucosis;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as amended by Directive 92/65/EEC (4);
Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community for 1997 and which was established by Commission Decision 96/598/EC (5);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Italy up to a maximum of ECU 4 735 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of enzootic bovine leucosis presented by Italy is hereby approved for the period from 1 January to 31 December 1997.
Article 2
Italy shall bring into force by 1 January 1997 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs of those incurred in Italy by way of compensation for owners for the slaughter of animals up to a maximum of ECU 4 735 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1998 at the latest.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, 28 November 1996. | [
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COMMISSION REGULATION (EC) No 1001/94 of 29 April 1994 laying down detailed rules for the application of the import arrangements provided for by Council Regulation (EC) No 774/94 for high-quality beef
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 774/94 of 29 March 1994 opening and providing for the administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues (1), and in particular Article 7 thereof,
Whereas Regulation (EC) No 774/94 opened a tariff quota for 18 000 tonnes of high-quality fresh, chilled or frozen beef and veal falling within CN codes 0201 and 0202 and for products falling within CN codes 0206 10 95 and 0206 29 91; whereas the rules for the application of those arrangements must be established;
Whereas the exporting non-member countries have undertaken to issue certificates of authenticity guaranteeing the origin of these products; whereas the form and layout of these certificates and the procedures for using them must be specified; whereas the certificate of authenticity must be issued by an appropriate authority in a non-member country, the standing of which is such as to ensure that the special arrangements are properly applied;
Whereas, pursuant to Article 2 of Commission Regulation (EEC) No 2377/80 (2), as last amended by Regulation (EEC) No 2867/93 (3), a licence is required for all imports into the Community of beef and veal products; whereas some of the non-member countries exporting meat under this Regulation have undertaken to restrict their exports of such products; whereas the licence must be endorsed as required by the provisions in Article 12 of Regulation (EEC) No 2377/80;
Whereas in order to ensure that the importing of these meats is managed efficiently it is appropriate, as the case may be, to provide that the issuing of import licences shall be subject to verification in particular of the entries on the certificates of authenticity;
Whereas provision must be made for the Member States to transmit relevant information in connection with these special imports;
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 special tariff quota for fresh, chilled or frozen beef and veal provided for in Article 1 (1) of Regulation (EC) No 774/94 shall be allocated as follows:
(a) 11 000 tonnes of chilled boned meat, falling within CN codes 0201 30 and 0206 19 05 and answering the following definition:
'Special or good-quality beef cuts obtained from exclusively pasture-grazed animals, aged between 22 and 24 months, having two permanent incisors and presenting a slaughter liveweight not exceeding 460 kilograms, referred to as "special boxed beef", cuts of which may bear the letters "sc" (special cuts)';
(b) 2 000 tonnes of boned meat, falling within CN codes 0201 30, 0202 30 90, 0206 19 95 and 0206 29 91 and answering the following definition:
'Special or good-quality beef cuts obtained from exclusively pasture-grazed animals presenting a slaughter liveweight not exceeding 460 kilograms, referred to as "special boxed beef". These cuts may bear the letters "sc" (special cuts)';
(c) 5 000 tonnes product weight of boned meat falling within CN codes 0201 30, 0202 30 90, 0206 10 95 and 0206 29 91 and answering the following definition:
'Beef cuts obtained from steers (novilhos) or heifers (novilhas) aged between 20 and 24 months, which have been exclusively pasture grazed, have lost their central temporary incisors but do not have more than four permanent incisor teeth, which are of good maturity and which meet the following beef-carcase classification requirements:
meat from B or R class carcases with rounded to straight conformation and a fat-cover class of 2 or 3; the cuts, bearing the letters "sc" (special cuts) or an "sc" (special cuts) label as a sign of their high quality, will be boxed in cartons bearing the words "high-quality beef" ';
Article 2
1. The total suspension of the import levy for the meat referred to in Article 1 shall be subject to the presentation at the time it is put into free circulation of an import licence issued in accordance with this Regulation and, by way of analogy, with Article 12 (1) (b) and (c) and Article 12 (2) of Regulation (EEC) No 2377/80.
2. The certificate of authenticity shall be made out in one original and not less than one copy on a form corresponding to the model in Annex I.
The form shall measure approximately 210 × 297 mm and the paper shall weigh not less than 40 g/m2.
3. The forms shall be printed and completed in one of the official languages of the Community and also, if desired, in the official language or one of the official languages of the exporting country.
The relevant definition applying to the meat originating in the exporting country shall be shown on the back of the form.
4. Certificates of authenticity shall bear an individual serial number assigned by the issuing authority referred to in Article 4. The copies shall bear the same serial number as the original.
Article 3
1. Certificates of authenticity shall be valid only if they are duly completed and endorsed, in accordance with the instruction in Annexes I and II, by one of the issuing authorities listed in Annex II.
2. Certificates of authenticity shall be deemed to have been duly endorsed if they state the date and place of issue and if they bear the stamp of the issuing authority and the signature of the person or persons empowered to sign them.
The stamp may be replaced on the original certificate of authenticity and its copies by a printed seal.
Article 4
1. The issuing authorities listed in Annex II shall:
(a) be recognized as competent by the exporting country;
(b) undertake to verify the entries made on the certificates of authenticity;
(c) undertake to communicate to the Commission each Wednesday any information enabling the entries made on the certificates of authenticity to be verified.
2. The list may be revised by the Commission where any issuing authority is no longer recognized, where it fails to fulfil one of the obligations incumbent on it or where a new issuing authority is designated.
Article 5
1. With regard to meat under Article 1:
(a) the original of the certificate of authenticity plus a copy hereof shall be presented to the competent authority together with the application for the first import licence related to the certificate of authenticity.
The original certificate of authenticity shall be retained by the abovementioned authority;
(b) within the limit of the quantity appearing in it, a certificate of authenticity may be used for the issue of several import licences. If so, the competent authority shall endorse the certificate of authenticity in respect of the degree of attribution;
(c) the competent authority may only issue the import licence after it is satisfied that all information on the certificate of authenticity correspond to the information received by the Commission through weekly communications on the matter. The licence shall be issued immediately thereafter.
2. The certificates of authenticity and the import licences shall be valid for three months from the date of their respective issue. However, their term of validity shall expire on 31 December 1994.
Article 6
Without prejudice to this Regulation the provisions of Regulations (EEC) No 2377/80 and (EEC) No 3719/88 (4) shall apply.
However, by way of derogation from the second subparagraph of Article 14 (3) of Regulation (EEC) No 3719/88 the amount of ECU 100 laid down in that provision shall be replaced by the amount of ECU 25.
Article 7
By the 15th of each month and in respect of the preceding month the Member States shall notify the Commission of the quantities of products referred to in Article 1 that have been:
- the subject of import licences issues,
- released for free circulation,
broken down by country of origin and combined nomenclature code.
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 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 1994. | [
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COMMISSION REGULATION (EC) No 1039/97 of 9 June 1997 deferring the final date for sowing certain arable crops in certain regions in the 1997/98 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), as last amended by Regulation (EC) No 922/97 (2), and in particular Article 12 thereof,
Whereas Article 10 (2) of Regulation (EEC) No 1765/92 stipulates that, to qualify for the compensatory payments for cereals, protein crops and linseed under the support system for certain arable crops, producers must have sown the seed at the latest by 15 May preceding the relevant harvest;
Whereas Article 9 of Commission Regulation (EC) No 658/96 of 9 April 1996 on certain conditions for granting compensatory payments under the support system for producers of certain arable crops (3), as last amended by Regulation (EC) No 843/97 (4), fixes 15 May as the final date for oilseeds;
Whereas, because of the particular weather conditions this year, the final dates for sowing seeds fixed for Germany, Austria, Spain, Portugal, France, Finland, Italy, the United Kingdom and Sweden cannot be complied with in all cases; whereas, in consequence, the time limit for sowing cereals and/or oilseeds, and/or protein crops and/or linseed for the 1997/98 marketing year should, where necessary, be deferred for certain specific regions; whereas to do so Regulations (EEC) No 1765/92 and (EC) No 658/96 should be waived as permitted by the seventh indent of Article 12 of Regulation (EEC) No 1765/92;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder,
HAS ADOPTED THIS REGULATION:
Article 1
The final dates for crop sowings in Germany, Austria, Spain, Portugal, France, Finland, Italy, the United Kingdom and Sweden for the 1997/98 marketing year are fixed in the Annex hereto for the crops and regions indicated therein.
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 15 May 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 1997. | [
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COMMISSION REGULATION (EC) No 1011/2007
of 30 August 2007
fixing the corrective amount applicable to the refund on cereals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 15(2) thereof,
Whereas:
(1)
Article 14(2) of Regulation (EC) No 1784/2003 provides that the export refund applicable to cereals on the day on which an application for an export licence is made must be applied on request to exports to be effected during the period of validity of the export licence. In this case, a corrective amount may be applied to the refund.
(2)
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 cereals and the measures to be taken in the event of disturbance on the market for cereals (2), allows for the fixing of a corrective amount for the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003. That corrective amount must be calculated taking account of the factors referred to in Article 1 of Regulation (EC) No 1501/95.
(3)
The world market situation or the specific requirements of certain markets may make it necessary to vary the corrective amount according to destination.
(4)
The corrective amount must be fixed according to the same procedure as the refund; it may be altered in the period between fixings.
(5)
It follows from applying the provisions set out above that the corrective amount must be as set out in the Annex hereto.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The corrective amount referred to in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003 which is applicable to export refunds fixed in advance except for malt shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 September 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 August 2007. | [
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COMMISSION DECISION of 11 October 1996 laying down special conditions governing the import of fishery and aquaculture products originating in Malaysia (Text with EEA relevance) (96/608/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), as last amended by Directive 95/71/EC (2) are respected, and in particular Article 11 thereof,
Whereas a group of Commission experts has conducted an inspection visit to Malaysia to verify the conditions under which fishery products are produced, stored and dispatched to the Community;
Whereas the provisions of Malaysia legislation on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;
Whereas the 'Ministry of Health-Food Quality Control Division` in Malaysia, is capable of effectively verifying the application of the laws in force;
Whereas the procedure for obtaining the health certificate referred to in Article 11 (4) (a) of Directive 91/493/EEC must also cover the definition of a model certificate, the minimum requirements regarding the language(s) in which it must be drafted and the grade of person empowered to sign it;
Whereas, pursuant to Article 11 (4) (b) of Directive 91/493/EEC, a mark should be affixed to packages of fishery products, giving the name of the third country and the approval number of the establishment of origin;
Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of approved establishments must be drawn up; whereas that list must be drawn up on the basis of a communication from the Ministry of Health to the Commission; whereas it is therefore for the Ministry of Health to ensure compliance with the provisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;
Whereas the Ministry of Health has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding fulfilment of requirements equivalent to those laid down by that Directive for the approval of establishments;
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 'Ministry of Health-Food Quality Control Division` is recognized as the competent authority in Malaysia for verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.
Article 2
Fishery and aquaculture products originating in Malaysia must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model set out in Annex A hereto;
2. the products must come from approved establishments listed in Annex B hereto;
3. except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word 'Malaysia` and the approval number of the establishment of origin in indelible letters.
Article 3
1. The certificate referred to in point 1 of Article 2 must be drawn up in at least one official language of the Member State where the checks are carried out.
2. The certificate must bear the name, capacity and signature of the representative of the 'Ministry of Health-Food Quality Control Division` and the latter's official stamp in a colour different from that of the other indications on the certificate.
Article 4
This Decision shall apply from 1 November 1996.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 11 October 1996. | [
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COMMISSION REGULATION (EC) No 941/2004
of 30 April 2004
fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice to be exported to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1876/2003
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 13(3) thereof,
Whereas:
(1)
An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 1876/2003 (2).
(2)
Article 5 of Commission Regulation (EEC) No 584/75 (3) allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3)
The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum export refund on wholly milled grain, medium grain and long grain A rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1876/2003 is hereby fixed on the basis of the tenders submitted from 26 to 29 April 2004 at 64,00 EUR/t.
Article 2
This Regulation shall enter into force on 1 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 April 2004. | [
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COUNCIL DECISION of 25 January 1999 concerning the conclusion of the Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1999/127/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y thereof, in conjunction with the first sentence of Article 228(2) and the first subparagraph of Article 228(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas Article 130u of the Treaty provides that Community policy in the sphere of development cooperation should foster the sustainable economic and social development of the developing countries, the smooth and gradual integration of those countries into the world economy and the combating of poverty in those countries;
Whereas the Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the European Community.
The text of the Agreement is attached to this Decision.
Article 2
In accordance with the conditions laid down in Article 34 of the Agreement, the President of the Council shall chair the Joint Council referred to in Article 33 and shall represent the Community in that Council. A representative of the Commission shall chair the Joint Cooperation Committee referred to in Article 35 of the Agreement and the Joint Subcommittee on Trade referred to in Article 37 of the Agreement in accordance with their rules of procedure and shall represent the Community on those committees.
Article 3
The President of the Council shall give the notification provided for in Article 42 of the Agreement on behalf of the European Community.
Article 4
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels, 25 January 1999. | [
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COUNCIL REGULATION (EC) No 397/1999 of 22 February 1999 imposing a definitive anti-dumping duty on imports of bicycles originating in Taiwan and collecting definitively the provisional duty imposed
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) and in particular Article 9(4) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROVISIONAL MEASURES
(1) By Commission Regulation (EC) No 1833/98 (2) (hereinafter referred to as 'the Provisional Duty Regulation`), provisional anti-dumping duties were imposed on imports into the Community of bicycles falling within CN code 8712 00 10, 8712 00 30, 8712 00 80 and originating in Taiwan.
B. SUBSEQUENT PROCEDURE
(2) Following the imposition of provisional anti-dumping duties, several interested parties submitted comments in writing.
(3) The parties who so requested were granted an opportunity to be heard by the Commission.
(4) The Commission continued to seek and verify all the information it deemed necessary for the purpose of its definitive findings. A verification visit was carried out at the premises of the following importer not related to any Taiwanese exporting producer and located in the Community:
- Bikeurope BV, Utrecht, The Netherlands.
(5) All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to this disclosure.
(6) The oral and written comments submitted by the parties were considered, and, where deemed appropriate, the definitive findings have been changed accordingly.
C. PRODUCT CONCERNED AND LIKE PRODUCT
(7) Since no comments with regard to the definition of the product concerned and the like product were received, the contents of recitals 13 to 19 of the Provisional Duty Regulation are hereby confirmed.
D. NEW EXPORTING PRODUCERS IN TAIWAN
(8) As explained in the Provisional Duty Regulation, in view of the large number of exporting producers in Taiwan, the Commission decided to apply sampling techniques in accordance with Article 17 of Regulation (EC) No 384/96 (hereafter referred to as 'the Basic Regulation`). No arguments have been advanced concerning the selection of the sample of exporting producers which was made with the consent of the association representing them.
One month before the adoption of provisional measures, a number of exporting producers in Taiwan made themselves known and requested new exporting producer status. Following the adoption of provisional measures the Commission, by means of a special questionnaire, examined whether these companies did not export the product concerned to the Community during the investigation period, whether they had started to export to the Community after this period or whether they had entered into an irrevocable contractual obligation to export a significant quantity to the Community, and whether they were not related to any of the exporters or producers in Taiwan which are subject to the anti-dumping measures on the product concerned. The exporting producers which have shown that they fulfil the abovementioned criteria were considered as new exporting producers and should be granted the same treatment, in terms of definitive measures, as the cooperating exporting producers not included in the sample, i.e. an anti-dumping duty calculated in accordance with Article 9(6) of the Basic Regulation.
(9) The same treatment should be granted to any other new exporting producer who, following the adoption of definitive measures, submits sufficient evidence showing that it fulfils the abovementioned criteria.
E. DUMPING
1. Normal value
1. Methodology for the construction of normal value
(10) As no arguments have been advanced concerning the methodology used for the determination of constructed normal value following the adoption of provisional measures, the findings as set out in recitals 27 to 31 of the Provisional Duty Regulation are hereby confirmed.
2. Cost of production
(11) Following the adoption of provisional measures, one company contested the use of the manufacturing cost as set out in its own accounting records for the determination of constructed normal value. It claimed that the manufacturing cost reported in its response to the questionnaire should be used instead because this was more accurate. It also claimed that since certain customs duties incurred for the product when sold domestically were allocated together with the manufacturing overheads on all products in its accounting records, a different allocation should be made for the dumping calculations.
(12) During the on-the-spot investigation it was found that the company's accounting records provided a much more detailed cost of manufacturing per model than that requested in the questionnaire. The investigation also revealed that there was a significant discrepancy between the manufacturing cost reported in the response to the questionnaire and that in the company's accounting records. Overall, the company underestimated in its response to the questionnaire the manufacturing cost of the models exported to the Community and overestimated the manufacturing cost of the domestic models.
The company did not provide any reason why the cost reported in the response to the questionnaire reflected more reasonably the cost associated with the production of the product than the cost in its accounting records. With regard to the allocation of certain customs duties together with the manufacturing overheads, the company was not able to explain, on the basis of information available from the reply to the Commission's questionnaire and the on-the-spot investigation, how those customs duties were treated in its accounts and how they were allocated to the different models. Therefore it was concluded that the per model manufacturing cost obtained from the company's accounting records should be used for the construction of normal value.
(13) Another company claimed that in constructing normal value the Commission should not have rejected the allocation of direct labour and manufacturing overheads made in the questionnaire response. It argued that since it had no precise allocation method for these cost items, it was compelled to create such an allocation method for the dumping investigation. However, the investigation revealed that the company had historically utilised an allocation method for direct labour and manufacturing overheads. It was also found that the ad hoc allocation used in the questionnaire response systematically raised the cost of high manufacturing cost models and reduced the cost of low manufacturing cost models as compared to the cost allocation historically utilised in its accounting records. According to this ad hoc allocation method, direct labour and manufacturing overheads were allocated on the basis of various factors, e.g. the size or type of parts used. However, the company did not show that these ad hoc allocation factors provided a more appropriate allocation of direct labour and manufacturing overheads as compared to the historically used allocation. It was therefore considered that there is no reason to deviate from the allocation method historically utilised by the company and that the latter method should be used in calculating the manufacturing cost for the construction of normal value.
2. Export price
(14) Since no arguments have been advanced concerning the determination of export price following the adoption of provisional measures, the findings as set out in the Provisional Duty Regulation are hereby confirmed.
3. Comparison
(15) One exporting producer claimed that certain payments made to a related company in order to prevent it from becoming insolvent were wrongly deducted as commissions from the export price.
(16) The on-the-spot investigation revealed that the exporting producer in question had actually paid certain commissions directly linked to specific export sales to the Community which have not been reported in the response to the questionnaire. In addition, it should be noted that the exporting producer had not disclosed in the response to the questionnaire the existence of the related company which received the commissions and was involved in export sales to the Community although such information was explicitly requested in the questionnaire. Consequently, the claim was rejected and these commissions were deducted from the relevant export prices.
(17) No other arguments have been advanced concerning the adjustments made to ensure a fair comparison as set out in the Provisional Duty Regulation and the findings as set out in the Provisional Duty Regulation are therefore confirmed.
4. Dumping margins
1. Methodology
(18) As explained in the Provisional Duty Regulation, the weighted average constructed normal value by model was compared on an ex factory basis with the weighted average export price by model. Since no change was made to the dumping calculations, the provisional dumping margins are hereby confirmed as follows.
2. Dumping margins for companies in the sample
(19) The comparison of the normal value and the export price duly adjusted showed the existence of dumping in respect of all companies which were included in the sample. The dumping margins of the various models established vary and, therefore, the Commission calculated a weighted average dumping margin for each exporting producer. In view of the significant differences in export prices of the various models, the weighting was done on the basis of their export quantity. The definitive dumping margins expressed as a percentage of the cif import prices at the Community frontier duty unpaid are the following:
TABLE
3. Dumping margin for cooperating companies not in the sample
(20) Cooperating companies not selected in the sample were, in accordance with Article 9(6) of the Basic Regulation, attributed the average dumping margin of the companies in the sample, weighted on the basis of their export volume to the Community. Expressed as a percentage of the cif import price at the Community frontier duty unpaid, this definitive dumping margin is 5,4 %.
4. Dumping margin for non-cooperating companies
(21) For non-cooperating companies a dumping margin was determined on the basis of the facts available in accordance with Article 18 of the Basic Regulation. Since the level of cooperation was high it is considered appropriate to set the dumping margin for non-cooperating companies at the level of the highest dumping margin established for a company in the sample. Indeed, it would constitute a bonus for non-cooperation and encourage circumvention to assume that the dumping margin attributable to non-cooperating exporting producers is lower than that found for a cooperating exporting producer.
This definitive dumping margin expressed as a percentage of the cif import price at the Community frontier duty unpaid, is therefore 18,2 %.
F. DEFINITION OF THE COMMUNITY INDUSTRY, SAMPLING
(22) The Taiwanese Bicycle Exporters' Association (hereafter referred to as 'TBEA`) and the European Bicycle Importers' Association (hereafter referred to as 'EBIA`) indicated that only nine European producers were included in the sample and that six out of those nine companies are members of larger groups of bicycle manufacturers. However, only four of them have cooperated satisfactorily in the investigation. They remarked that small independent manufacturers of bicycles had either declined to support the investigation or had offered little cooperation. In view of the foregoing, TBEA and EBIA claimed that the companies sampled for the injury determinations are not representative of the Community industry but only represent the interests of large conglomerates.
(23) As far as representativeness of the Community industry or the support from the industry in the Community are concerned, in accordance with the provisions of Articles 4(1) and 5(4) of the Basic Regulation, it was established at the provisional stage, as mentioned in recital 43 of the Provisional Duty Regulation, that producers representing as much as 60 % of Community production expressly supported the complaint and were thus in favour of the initiation of the present investigation.
No producers, either large or small, expressed any opposition to the investigation. Consequently, there cannot be any doubt as to the position of all the Community producers as regards the initiation of this investigation.
(24) In accordance with the provisions of Article 17 of the Basic Regulation and as set out in recitals 46 and 47 of the Provisional Duty Regulation the sample of Community producers chosen was representative in all respects, covering in particular a representative variety of company sizes, integration of production and product mix, as well as a large volume of production. EBIA and TBEA, in their above submission, have not shown that the sample chosen by this methodology is not appropriate.
(25) Finally, it should also be pointed out that all the Community producers included in the sample replied to the Commission's questionnaire and to the relevant deficiency letters sent by the Commission. They also fully cooperated during the on-the-spot investigations. Consequently, the allegation that some Community producers did not cooperate satisfactorily in the investigation is unfounded.
(26) Based on the above facts and considerations, the Council confirms the contents of recital 45 of the Provisional Duty Regulation as far as representativeness of the Community industry is concerned. It is also confirmed that the sample, formed by the nine companies representing 40 % of the total Community industry's volume of operations, is representative of the Community industry.
G. INJURY
1. Methodology for the determination of injury
(27) As indicated in recital 48 of the Provisional Duty Regulation, the injury situation of the Community industry has been assessed on the basis of two categories of information. The first category of information relates to global injury indicators pertaining to the Community industry, such as, production, capacity and capacity utilisation, stocks, sales, market share, investments and employment. The second category of information is based on certain performance injury indicators of the Community industry, in particular profitability, prices, price evolution and price undercutting, collected from the sampled Community producers.
1. Global injury indicators
(28) On the basis of a variety of documents such as press releases, extracts from the non-confidential replies to the Commission's questionnaire and annual reports of European groups such as Monark, Atag and Derby to which some sampled producers belong, TBEA and EBIA claimed that these major groups have made significant improvements in terms of turnover, production volume and profitability. This was in contradiction with the injury finding reached at the provisional stage.
(29) In this respect, it should be underlined that TBEA and EBIA, in support of the alleged increases in production volume, turnover or profitability, mainly provided information at a group level and not specifically for the product concerned. It is considered that this cannot invalidate the provisional findings made on the global injury indicators for the whole Community industry which are based on the situation related to the product concerned and reflect the situation of all individual companies included in the groups.
Indeed, the abovementioned groups are also involved in business activities other than bicycles. The share of the bicycle business in the overall activity varies between approximately 27 % to 70 % depending on the group. It is also recalled that the total share of these three groups in the Community bicycle market was established at around 28 % during the investigation period. Furthermore, even though acquisitions may result in an overall increase in production and sales value as well as an increase in turnover within a whole group, especially when economic indicators are considered regardless of the inclusion of a new company in the group, they are nevertheless compensated for by the demise of independent companies. This assumption does not contradict the fact that individual companies within the group and the group itself may have decreased production, sales volume, turnover and profit throughout the whole period under investigation.
On this basis, the TBEA's and EBIA's conclusion that the overall performance of these groups had improved in terms of their operations in relation to the product concerned cannot be accepted.
(30) Since the information supplied by TBEA and EBIA is neither consistent nor provides adequate evidence to invalidate or put into question the detailed analysis made by the Commission in recitals 58 to 73 of the Provisional Duty Regulation, the findings set out in these recitals are therefore definitely confirmed.
2. Performance-related injury indicators
(31) TBEA and EBIA argued that the Commission should have assessed the situation of the Community industry on the basis of an investigation of the entire groups to which sampled companies respectively belong instead of collecting information from some individual members in the groups. They claimed that the selection of one or two companies within a group does not allow an overall analysis of the group and prevents taking into account the impact of sales within the group, in other words the sales between related parties. The injury determinations were therefore flawed according to TBEA and EBIA.
(32) Recital 5 of the Provisional Duty Regulation stated that in view of the large number of Community producers expressly supporting the complaint, sampling was used and a representative sample of complainant Community producers, as set out in recitals 46 to 47 of the Provisional Duty Regulation, was investigated.
Investigating entire groups instead of individual companies within the groups, as suggested by TBEA and EBIA, however, would have required the investigation of a significantly larger number of companies than the nine currently investigated and would thus have been contrary to the very reason why sampling in accordance with Article 17 of the Basic Regulation was used in the current investigation.
(33) In any event, the current investigation has been conducted in a way ensuring that all extraordinary, non-operative or financial items or subsidiary activities which were not directly linked to the product concerned were disregarded when assessing the individual factors which led to the provisional conclusions on injury. Such an approach excluded the possibility of transferring revenue from one company to another within the group or allocating excessive general costs to the bicycle activity.
(34) In addition, it was ensured that only indicators reflecting an arm's length relationship between companies belonging to the same group were used to establish the performance-related injury indicators of the Community industry.
(35) Consequently, there is no ground for TBEA and EBIA to conclude that the injury determinations were flawed. The provisional findings made for all performance-related injury indicators are thus confirmed.
2. Price undercutting determinations
(36) TBEA and EBIA contested the methodology (recitals 54 to 57 of the Provisional Duty Regulation) used by the Commission when determining the provisional undercutting margins. They claimed that these margins were inflated because the Commission did not offset any negative amount with the positive amount by which the Taiwanese exporters' prices undercut those of the Community industry. According to them the actual undercutting margin and the level of competition could only be measured by including in the calculations the amount by which the Community industry prices undercut those of the Taiwanese exporters.
(37) In the undercutting methodology used by the Commission, the weighted average net sales prices of the dumped imported bicycles from Taiwan were compared, on a model-by-model basis, with the average net sales price of bicycles produced and sold by the Community industry in the Community market. Therefore, contrary to the claim made by TBEA and EBIA, this methodology allowed the amount by which the Taiwanese price of one particular model exceeded that of the Community industry price to be taken into account on a transaction-by-transaction basis.
3. Profitability of the Community industry
(38) TBEA and EBIA considered that the findings of the Commission in recital 70 of the Provisional Duty Regulation, i.e. that profitability has become negative since 1995 despite efforts made by the sampled Community producers to restructure and reduce costs, are not consistent with its findings on the evolution of prices which show a steady positive trend.
(39) As indicated in recital 83 of the Provisional Duty Regulation, it should be noted that not all prices of the individual models produced and sold by the Community industry had a positive trend or increased during the whole period under examination. On the contrary for mountain bikes (MTB), as stated in recital 83 of the Provisional Duty Regulation, prices decreased by up to 12 % in certain Member States where Taiwanese bicycles are mainly sold, namely the United Kingdom (UK), France and Germany. Furthermore, it cannot be concluded that the overall trend followed for prices and costs should automatically apply to profitability. To reach such a conclusion, an analysis, taking into account other economic factors, besides price evolution, is required. In the present context, these factors are economy of scale, cost of production per unit and product mix.
(40) Indeed, as stated in recitals 65 and 66 of the Provisional Duty Regulation, between 1994 up to the investigation period, the volume of sales made by the Community industry to unrelated customers in the Community market decreased by 22 % (about 1,8 million units) and sales value decreased by 14 % resulting, on the one hand, in a significant loss in the economy of scale and increased unit production costs. On the other hand, even though certain costs could be reduced as a result of restructuring, taking into account the above two trends, in the present case an increase in the unit cost of production (COP) for most models of bicycles has occurred. This tendency has been reinforced by the fact that, as mentioned in recital 67 of the Provisional Duty Regulation, the Community industry has produced higher range bicycles involving higher production costs and higher sales prices. Overall, the impact of the above situation on profitability was negative.
(41) Given the bad situation in the Community market and the pressure exerted on sales prices, the reduction of indirect costs and sales price increases were not high enough to compensate for the direct costs and COP per unit increases.
(42) The evolution of the above economic factors explains why the Community industry's profitability remained negative throughout the whole period under examination despite increases in sales prices and certain reductions in costs. The contents of recital 70 of the Provisional Duty Regulation are hereby confirmed.
4. Conclusion on injury
(43) The findings which led to the provisional conclusion that the situation of the Community industry deteriorated throughout the whole period under examination have been reviewed in the light of each claim made by TBEA and EBIA. This review confirmed that all the injury indicators of the Community industry, namely production (-20 %), capacity (-18 %) and capacity utilisation (-3 %), sales in terms of volume (-22 %) and value (-14 %), market share in terms of volume (-7 %) and value (-4 %), negative profitability and employment (-15 %), provisionally established were correct. These findings are therefore confirmed as well as the conclusion that the Community industry suffered material injury within the meaning of Article 3 of the Basic Regulation.
On the basis of the above facts and considerations, the provisional findings, as well as the provisional conclusions on injury as indicated in recitals 74 to 77 of the Provisional Duty Regulation, are hereby confirmed.
H. CAUSATION OF INJURY
1. Effect of dumped imports on the Community industry
1. Volume of imports from Taiwan
(44) TBEA and EBIA claimed that a significant number of bicycles imported from Taiwan were not in direct competition with bicycles manufactured by the Community industry since not all bicycles imported from Taiwan were compared with Community produced ones in the price undercutting exercise and therefore could not have negatively affected the Community industry.
(45) In addition, according to TBEA and EBIA, the Community industry did not suffer injury caused by bicycles imported from Taiwan. Although the volume of imports of bicycles from Taiwan increased during the period under examination, the increase was very moderate and, in fact, it did not even compensate for the decline in total imports following the imposition of anti-dumping measures against imports from the People's Republic of China, Malaysia, Indonesia and Thailand. Between 1994 and the investigation period, imports from countries other than Taiwan decreased by approximately 1 000 000 units whereas in the same period of time imports from Taiwan only increased by 550 000 units. They thus concluded that import pressure on the Community was in fact significantly reduced during the period under examination.
(46) As regards the first argument, the fact that not all models of the product under investigation were compared in the context of the examination of price undercutting cannot lead to the conclusion that these models are not comparable or not in competition in the Community market. Indeed, the investigation has shown that despite the high number of possible variations in bicycles available in both the Taiwanese and the Community market, they all have the same basic physical and technical characteristics and uses and that all bicycles should therefore be regarded as being one single product.
(47) As regards the second argument above, related to the impact of high import volumes from Taiwan, it was found in recital 79 of the Provisional Duty Regulation that Taiwan was by far the main exporter of bicycles to the Community with a share of 55 % of imports during the investigation period. That performance was achieved despite the fact that the Community market had continually shrunk since 1994: the market size measured in units decreased by 16 %. Whereas the Community industry lost sales volume (-22 %), as did other operators in the Community market, only Taiwanese exporters continued to increase their import volume (+ 25 %) at a time during which their sales prices steadily decreased (-19 %) between 1995 and 1996. Whereas the Community industry lost around 1,8 million units in sales volume, Taiwanese imports increased by 300 000 units, namely 55 % of the overall increase during the whole period under examination. Under these circumstances, and bearing in mind the findings specified in recital 81 of the Provisional Duty Regulation, low-priced dumped Taiwanese bicycles negatively affected Community industry.
2. Evolution of market share
(48) According to TBEA and EBIA, the evolution of the market share of the complainant and non-complainant Community producers indicates the absence of detrimental effects caused by Taiwanese imports. In 1994, all Community producers held a 70,4 % share of the Community market. During the investigation period this share, slightly reduced by 2 percentage points, was still as high as 68 %. This reduction however allegedly hides the fact that the market share held by individual Community producers had improved. As indicated in recital 58 of the Provisional Duty Regulation several companies went bankrupt or closed down during the period under consideration, thereby reducing the number of Community producers. Since the remaining producers hold a market share comparable to that held by the arguably more numerous producers back in 1994, TBEA and EBIA concluded that these remaining producers have allegedly increased their own market share at the expense of other European manufacturers.
(49) The focus on market share as advocated by TBEA and EBIA blurs in this particular case the results of a proper analysis. As far as the Community producers are concerned, it was found in recital 71 of the Provisional Duty Regulation that between 1994 up to the investigation period, the Community industry lost 7 % of its share in the market in terms of volume and 4 % of the market in value. The loss in sales volume was around 1,8 million units during that period of time. The market share held by the other Community producers, namely those not included in the definition of the Community industry, increased both in terms of volume (+ 2 %) and in terms of value (+ 5 %). However, they also lost considerable sales volume (-600 000 units) during that period.
In the meantime, the market share of Taiwanese exporters in terms of volume increased by 50 % or by 5,8 percentage points, namely three times more than the other Community producers. Moreover, they managed to increase their sales volume by 550 000 units. Consequently the above findings clearly contradict the assumptions made by TBEA and EBIA on market share. From the above analysis it can be concluded in fact that the spectacular increase in the market share held by Taiwanese exporters was made at the expense of both complaining and non-complaining Community manufacturers.
3. Price evolution of the Community industry
(50) TBEA and EBIA noted that the prices of bicycles sold by the Community industry had developed positively during the whole period under examination with prices increasing by 6 % between 1994 and the investigation period. Prices increased by 11 % between 1995 and 1996 and by a further 2 % between 1996 and the investigation period.
(51) The overall price development of the Community industry was indeed positive between 1994 and the investigation period. As stated in recital 59 of the Provisional Duty Regulation, however, such a trend resulted from the fact that the Community industry changed its product mix and concentrated on higher range products. Nevertheless, the investigation has also shown that as price increases did not allow that industry to cover its costs of production, profitability has remained negative since 1995. It was also established in recital 83 of the Provisional Duty Regulation that price evolution had also shown negative trends, depending on the model and pressure from unfair competition from low-priced dumped Taiwanese imports. The average price for homogeneous MTB models, namely MTBs whose components did not change much, showed a decrease of up to 12 % from 1994 to the investigation period, depending on the Community market.
(52) Given the fact that 60 % of Taiwanese imports were mainly concentrated in the low-end range of the MTB segment, where Community prices were mainly depressed, it is considered that the pricing behaviour of the Taiwanese exporters negatively affected the Community industry.
2. Evolution of consumption
(53) According to TBEA and EBIA, the negative development of consumption is one of the factors which has detrimentally affected the Community industry. It was claimed that from 1994 up to the investigation period the demand for bicycles in the Community market decreased by approximately 3 million units. At the same time sales of the Community industry decreased by 1,8 million units. It was precisely when consumption was at its lowest, namely in 1996, that the Community industry recorded its worst financial results, namely -2,3 %. During the investigation period, when consumption increased, the financial situation of the Community industry slightly improved since it recorded a negative return on sales of only -l,3 %. They claimed that this shows a clear correlation between the evolution of Community consumption and the performances of the Community industry.
(54) In recital 100 of the Provisional Duty Regulation, the Commission found that it could not be excluded that the negative evolution of consumption contributed to the difficult situation of the Community industry. However, it was concluded that its impact was not such as to break the causal link between dumped imports from Taiwan and the material injury suffered by the Community industry. In any event, even if there is some correlation between the development of consumption and the performance of the Community industry, this alone does not sufficiently explain the bad performance of the Community industry in periods when consumption was developing positively.
3. Undercutting by other Community producers
(55) According to TBEA and EBIA, part of the injury caused to the Community industry was due to the significant undercutting practised by non-complainant Community producers located in Italy. They claimed that sales of such producers were particularly important in the most representative Community markets and were made at extremely low prices undercutting Taiwanese prices. In order to substantiate the alleged injurious behaviour of these producers, TBEA and EBIA referred to Eurostat statistics for 1996 and 1997 and compared the Taiwanese prices in nine Member States with prices of shipments from Italy. It was found that only in the UK did the average Taiwanese import price undercut that of Italian producers. They explained that these low Taiwanese prices were due to the fact that the main Taiwanese imports into the UK were children's bicycles, which are cheaper than other bicycles.
(56) It should be noted that, contrary to the price comparison described in recitals 54 to 57 of the Provisional Duty Regulation, TBEA and EBIA did not make any basic distinction in their price comparison between the bicycle categories defined in recital 14 of the Provisional Duty Regulation. They did not even consider the fact that Eurostat statistics provided separate information for the three CN codes involved in the present investigation and that one code in particular contains information relating to very basic bicycles without ball-bearings. As an example, despite the fact that children's bicycles are less sophisticated, they did not distinguish between the difference in the product mix and homogeneous categories of bicycles sold in the Community market by Taiwanese and Italian operators. Moreover, no distinction was made between complainant and non-complainant Italian producers. Nor did they consider the fact that the Eurostat statistics contain information on bicycles of all origins. Finally, TBEA and EBIA ignored the fact that Italian producers were selling their bicycles under different sales conditions from those of the Taiwanese, thus affecting the meaningfulness of the price comparison exercise. From a methodological point of view their findings are thus highly questionable.
(57) The findings made in recitals 91 to 95 of the Provisional Duty Regulation concerning the non-complainant Community producers are therefore confirmed.
4. Restructuring
(58) According to TBEA and EBIA, the Community industry had to significantly restructure its activities by way of mergers and acquisitions, which were responsible for the reduction in production capacities, unemployment and cost increases.
(59) As indicated in recital 103 of the Provisional Duty Regulation, the European bicycle industry undertook rationalisation and restructuring efforts, still going on today, demonstrating at the same time this industry's adaptability to new market situations. However, contrary to the suggestion made by TBEA and EBIA, the restructuring did not necessarily lead to increased costs. The investigation has shown that some of the Community producers included in the sample were able to reduce their costs by selling equipment or buildings. In particular, this allowed certain large European groups to slightly improve their overall financial situation, and to make certain cuts in costs, such as overheads, depreciation, renting, financial costs, etc.
(60) Important operations such as mergers and acquisitions were indeed performed by some European groups in the framework of the globalisation trend. Mergers and acquisitions should not be seen as the cause of the negative situation of the companies concerned but rather as its consequence. As regards global injury indicators, such as production, production capacity and unemployment, the evolution of the situation of the companies merged or acquired during the period under examination was taken into account since they form the Community industry.
However, any impact caused by the cost of mergers and acquisitions in the financial situation of the companies forming the Community industry, and more so in the sampled Community producers, was disregarded. It follows that costs resulting from mergers, acquisitions or group restructuring are not reflected in the findings which led to the above conclusion of material injury suffered by the Community industry.
(61) Consequently, the restructuring of the Community industry cannot be held responsible for the material injury it has suffered.
5. Conclusion on causation
(62) As a result of the above facts and considerations, the provisional analysis and relative conclusions on causation are hereby confirmed.
I. COMMUNITY INTEREST
(63) Contrary to the conclusions reached in the Provisional Duty Regulation, EBIA claimed that there are compelling reasons that the adoption of anti-dumping measures is not in the Community interest.
1. Interest of the Community industry
(64) In recital 103 of the Provisional Duty Regulation, it was found that the material injury suffered by the Community industry due to unfair competition from low-priced dumped imports rendered it highly vulnerable. This situation had indeed required additional rationalisation and restructuring efforts in particular by the small manufacturers. Many European companies had to close down or revert to assembling rather than producing bicycles. Not imposing anti-dumping duties on low-priced dumped imports from Taiwan would thus undermine all the efforts made by European manufacturers over the last few years in order to survive and remain competitive on the market.
(65) Since no comments with regard to the interest of the Community industry were received, the contents of recitals 103 to 105 of the Provisional Duty Regulation are hereby confirmed.
2. Interests of importers, dealers and retailers
(66) EBIA claimed that many Community importers, dealers and retailers have invested a great deal of time, effort and money over the years in promoting certain brands within the Community. These investments will be detrimentally affected by the imposition of anti-dumping measures. Furthermore, they added that the survival of the retailers relies upon the diversity and quality of the bicycles which only Taiwanese manufacturers can offer. Numerous jobs across Europe are allegedly being jeopardised by the imposition of anti-dumping measures.
(67) While taking the above claims into consideration, it should also be borne in mind that dealers and retailers working with the Community industry also invested time and money in their respective businesses. Therefore, it is considered that the negative effects of anti-dumping measures on retailers should be seen in the light of the contents of recital 110 of the Provisional Duty Regulation. In any event, the imposition of anti-dumping measures will not put dealers and retailers buying and selling Taiwanese bicycles in an unfairly disadvantageous situation as compared to other retailers in the Community market. The proposed measures will simply correct the distorting effects of injurious dumping and restore fair trade competition among all the operators in the Community. Moreover, price increases will not be automatic. Although price increases might occur as a result of the imposition of the anti-dumping duty, as indicated in recital 111 of the Provisional Duty Regulation, these increases should be very limited.
(68) As mentioned in recital 108 of the Provisional Duty Regulation, very few meaningful replies were received from importers who are members of EBIA. After the imposition of the provisional anti-dumping duties, the Commission intended to carry out on-the-spot investigations in order to further investigate the situation of importers in the Community market, and to verify the relevance of the above claims. Since none of the members of EBIA agreed to cooperate with the Commission, the above claims concerning importers cannot be taken into consideration.
(69) In these circumstances, and in the absence of any information which suggests the contrary, the conclusions reached at the provisional stage concerning the effect of the imposition of anti-dumping measures on importers, traders and retailers are hereby confirmed.
3. Interest of consumers
(70) EBIA also claimed that imposing anti-dumping measures on bicycles is most likely to have several negative consequences on consumers. The consumer price of bicycles will increase; many models of bicycles will no longer be affordable and consumers will be forced to buy low-end range bicycles. The Community market will be in the hands of a reduced number of European manufacturers and the availability of low-priced bicycles of low quality imported from other sources such as eastern European countries and India will increase. The restriction in choice and innovation in bicycles will have negative consequences on a number of cyclists, particularly in Member States where Taiwanese bicycles have a very high market share. Accordingly, the imposition of anti-dumping measures is allegedly not in the interest of the Community consumers.
(71) With the exception of the effect of the anti-dumping measures on consumer bicycle prices, these issues have already been dealt with above. Consequently, the quality of bicycles sold in the Community market, competition and consumer choice in the Community market will not be affected by the imposition of anti-dumping measures.
(72) As far as the consumer price increase is concerned, EBIA did not provide any economic analysis indicating an alleged increase in consumer prices if anti-dumping measures were imposed. Given the margin of the distribution chain in the Community, the maximum impact of the anti-dumping duty on the consumer price should be limited to 2,6 %. However, given the large number of competitors in the market, it is far from certain that the adoption of anti-dumping measures will result in any price increases at consumer level.
4. Consequences on competition in the Community market
(73) EBIA is of the opinion that the imposition of anti-dumping measures would contribute to the creation of an oligopoly formed by Atag, Monark and Derby to which some individual companies included in the sample belong. With anti-dumping measures in force, these groups will allegedly be able to dominate the market and control the behaviour of small independent manufacturers.
(74) EBIA also claimed that the imposition of any anti-dumping duty adding up to the already high customs duty of 15,4 % will contribute to reducing competition on the Community market. They recalled that the measures against Taiwan conclude a series of anti-dumping measures imposed against China, Indonesia, Malaysia and Thailand.
(75) As indicated in recital 117 of the Provisional Duty Regulation, there are a great many operators in the Community market so there is no risk of a monopolistic or oligopolistic situation being created. On the contrary, the investigation has shown that there is a lot of competition among all European manufacturers and importers in the Community market.
(76) As indicated in recital 62 of the Provisional Duty Regulation, the total market share of the three main European groups in the Community market is around 28 %. In total, there are around 70 producers in the Community, most of them small and medium-sized enterprises (SMEs), who have considerable experience in the bicycle business. In addition, there are hundreds of importers of bicycles made in the USA, the Czech Republic, Poland, India, Vietnam, Indonesia, Korea, Malaysia, etc. It is therefore considered that there is no risk of a monopolistic situation being created in the Community.
(77) Moreover, the fact that small manufacturers wished to support and participated in the investigation and in addition were not opposed to the conclusions reached in the Provisional Duty Regulation strongly suggests that there is no risk of such a threat to them. On the contrary, their behaviour rather indicates that they are convinced that their situation would deteriorate further if no anti-dumping measures were imposed against low-priced dumped imports from Taiwan.
(78) Consequently, on the basis of the above facts and considerations, the contents of recitals 116 to 118 of the Provisional Duty Regulation are confirmed.
5. Reduced innovation in the Community
(79) EBIA submit that given the important role of Taiwanese bicycle manufacturers in the Community market who offer a broad range of high quality products it is not in the Community interest to impose anti-dumping measures. It has been claimed that the Taiwanese can be credited with the most technical breakthroughs from the introduction of MTBs to full suspension bicycles and beyond. They are also reputed for their R & D allegedly leading the way in the production of power-assisted/electrically-powered bicycles, a growing sector in the market, and also being the world's leading producer of folding bicycles. In particular, EBIA claimed that 2,2 % of Taiwanese manufacturers' turnover is invested in long-term investments in R & D.
(80) Contrary to the suggestion made by EBIA, Taiwanese bicycles imported in the Community are concentrated on the low-range models, whereas only about 7 % of these imports can be considered as being in the high-range. The information available also indicates that during the investigation period the sampled Taiwanese exporting producers invested not 2,2 % but approximately only 1 % of turnover in R & D, i.e. less than the Community industry.
(81) Finally, considering that the level of measures will not prevent Taiwanese bicycles being sold in the Community market, the imposition of anti-dumping measures will not affect the pace of innovation as far as it is determined by imports from Taiwan.
6. Conclusion
(82) As no new conclusive evidence or arguments were received in connection with the determination of Community interest, the provisional findings are hereby confirmed.
J. DEFINITIVE ANTI-DUMPING DUTY
(83) Since no arguments to invalidate the provisional findings which led to the imposition of the provisional anti-dumping duty were put forward by the interested parties, the contents of recitals 121 to 125 of the Provisional Duty Regulation are confirmed.
(84) On the above basis, given the wide variety of bicycles exported from Taiwan, an ad valorem duty is still considered to be the most appropriate form of measure.
K. COLLECTION OF THE PROVISIONAL DUTIES
(85) In view of the magnitude of the dumping margins found for the exporting producers and in the light of the seriousness of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of provisional anti-dumping duties for transactions involving the product concerned should be definitively collected at the level of the definitive duties.
L. FUTURE REQUESTS FOR NEW EXPORTER TREATMENT
(86) Since sampling has been used in the investigation, a new exporters' review pursuant to Article 11(4) of the Basic Regulation with the objective of determining individual dumping margins cannot be initiated in this proceeding. However, as already explained in recitals 8 and 9 above, in order to ensure equal treatment for any genuine new exporting producer and the cooperating companies not included in the sample, it is considered that provision should be made for the weighted average duty imposed on the latter companies to be applied to any new exporting producer who would otherwise be entitled to a review pursuant to Article 11(4) of the Basic Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of bicycles and other cycles (including delivery tricycles), not motorised, with or without ball-bearings, falling within CN codes 8712 00 10, 8712 00 30 and 8712 00 80 originating in Taiwan.
2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, shall, subject to paragraphs 3 and 4, be 18,2 % (TARIC additional code 8900).
3. Products manufactured by the companies listed in the Annex shall be subject to a definitive anti-dumping duty rate of 5,4 % (TARIC additional code 8548).
4. Products manufactured by the companies listed below shall be subject to the following definitive anti-dumping duty rates:
TABLE
5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Where any new exporting producer in Taiwan provides sufficient evidence to the Commission that
- it did not export to the Community the products described in Article 1(1) during the investigation period (1 November 1996 to 31 October 1997),
- it is not related to any of the exporters or producers in Taiwan which are subject to the anti-dumping measures imposed by this Regulation,
- it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,
the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(3) of this Regulation by adding the new exporting producer to the list in the Annex referred to in that Article.
Article 3
Amounts secured by way of the provisional anti-dumping duty imposed by Regulation (EC) No 1833/98 shall be definitively collected at the duty rate definitively imposed. Amounts secured in excess of the definitive rate of the anti-dumping duty shall be released.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 22 February 1999. | [
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Commission Regulation (EC) No 447/2004
of 10 March 2004
laying down rules to facilitate the transition from support under Regulation (EC) No 1268/1999 to that provided for by Regulations (EC) Nos 1257/1999 and 1260/1999 for the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) 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 Articles 32(5) and 33(5) thereof,
Whereas:
(1) Council Regulation (EC) No 1268/1999(1) introduced Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period (Sapard programme). That programme comprises a series of measures to be supported after accession by Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(2) or Council Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds(3). To facilitate the transition between these two types of support, the period during which commitments can be made to beneficiaries under the Sapard programme should be specified.
(2) The conditions under which projects approved under Regulation (EC) No 1268/1999 but which can no longer be financed under that Regulation can be transferred to rural development programming should be specified.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development,
HAS ADOPTED THIS REGULATION:
Article 1
Definition
For the purposes of this Regulation "new Member States" means the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia.
Article 2
End of contracting period under Regulation (EC) No 1268/1999
1. As regards measures which may be financed after accession by the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section under Article 47a of Regulation (EC) No 1257/1999, the new Member States may continue to contract or enter into commitments under Regulation (EC) No 1268/1999 until the date of submission to the Commission of the rural development plan.
2. As regards measures or submeasures referred to in Article 2 of Regulation (EC) No 1268/1999 which may be financed after accession by the European Agricultural Guidance and Guarantee Fund (EAGGF) Guidance Section under Article 2(2)a of Regulation (EC) No 1260/1999, the new Member States may continue to contract or enter into commitments under Regulation (EC) No 1268/1999 up to the date when they start to contract or to enter into commitments for measures under Regulation (EC) No 1260/1999.
Article 3
Financing of Sapard projects where appropriations have been exhausted
1. For projects contracted from 2002 under the measures referred to in the fourth, seventh and 14th indents of Article 2 of Regulation (EC) No 1268/1999, expenditure incurred beyond 31 December 2006 may be included in the rural development programming for the period 2004 to 2006 under Regulation (EC) No 1257/1999 and financed by the EAGGF Guarantee Section.
2. Payments for projects for which appropriations under Regulation (EC) No 1268/1999 are exhausted or insufficient may be included in rural development programming for the period 2004 to 2006 under Regulation (EC) No 1257/1999 and financed by the EAGGF Guarantee Section.
3. Where the new Member States apply paragraphs 1 and 2, they shall indicate the amounts corresponding to appropriations committed in the financing table set out in Annex II to Regulation (EC) No 141/2004(4).
4. The rules on eligibility of and checks on assistance under Regulation (EC) No 1268/1999 shall continue to apply.
5. The list of projects selected shall be drawn up by the new Member State concerned.
Article 4
This Regulation shall enter into force subject to and on the date of entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 2004. | [
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COUNCIL DECISION of 10 August 1998 amending Common Position 96/184/CFSP defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning arms exports to the former Yugoslavia (98/498/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article J.2 thereof,
Having regard to Common Position 96/184/CFSP of 26 February 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning arms exports to the former Yougoslavia (1),
Whereas the Council has come to the conclusion that developments in Slovenia, in particular its policy with regard to arms exports, justifies a lifting of the restrictive measures of Common Position 96/184/CFSP in respect of that State,
HAS DECIDED AS FOLLOWS:
Article 1
References to Slovenia in point 2(ii) of Common Position 96/184/CFSP are hereby deleted.
Article 2
This Decision shall take effect on the date of its adoption.
This Decision shall be published in the Official Journal.
Done at Brussels, 10 August 1998. | [
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*****
COMMISSION REGULATION (EEC) No 1201/89
of 3 May 1989
laying down rules implementing the system of aid for cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece, and in particular Protocol 4 on cotton, as last amended by Regulation (EEC) No 4006/87 (1),
Having regard to Council Regulation (EEC) No 2169/81 of 27 July 1981 fixing general rules with regard to the system of aid for cotton (2), as last amended by Regulation (EEC) No 791/89 (3), and in particular Article 11 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (4), as last amended by Regulation (EEC) No 1636/87 (5), and in particular Article 12 thereof,
Whereas, in view of the fluctuations which normally occur in world market prices, the average world market price for unginned cotton should be determined at least once a month;
Whereas, if there are no representative offers or quotations for unginned cotton, the world market price for this product should be determined on the basis of the value of the products resulting from the ginning thereof;
Whereas provision should be made for the adjustment of offers and quotations in order to compensate for any deviation from the presentation, quality, terms and place of delivery normally to be used for fixing the world market price; whereas account should also be taken of any compensatory amount levied on imports pursuant to Regulation (EEC) No 143/67/EEC of the Council of 21 June 1967 on the compensatory amount aplicable to certain vegetable oils (6), as amended by Regulation (EEC) No 2077/71 (7);
Whereas, in order to facilitate checks on entitlement to aid, and in particular on compliance with the minimum price, the conditions to be satisfied by the contracts provided for in Article 6 of Regulation (EEC) No 2169/81 should be specified;
Whereas Article 5 of Regulation (EEC) No 2169/81 provides that aid is to be paid in respect of quantities of unginned cotton provided they are actually ginned, and whereas Article 10 provides that Member States are to check the entry of the products to the ginning plant and the ginning thereof; whereas, to ensure the effectiveness of such checks, the term 'ginning plant' should be defined and the checking procedure laid down;
Whereas the stock records of the processors should be used as a basis for this check;
Whereas, in order to facilitate the marketing of unginned cotton, the amount of aid applicable should be the amount in force on the day when the ginning plant lodges the application for aid;
Whereas in accordance with Article 8 of Regulation (EEC) No 2169/81 the Member States are to introduce a system of declarations of areas sown; whereas the procedures relating to this system and the relevant checks should be specified;
Whereas, to ensure the efficient functioning of the aid system, provision should be made for the Member States to issue a certificate stating the quantity of cotton qualifying for aid and the amount of such aid; whereas, for administrative reasons, it should be laid down that the cotton be ginned within a certain period;
Whereas, pursuant to Article 8 of Regulation (EEC) No 2169/81, in order to palliate the adverse consequences for beneficiaries of a delay in the payment of aid, provision should be made for a proportion of the aid to be paid in advance;
Whereas, to ensure the uniform application of the aid system, detailed rules for payment of the aid should be laid down;
Whereas the minimum frequency of fixings of the aid should be specified; whereas it will be sufficient to fix the aid at least once a month, subject to possible adjustments in the interim;
Whereas the rate for converting the minimum price into national currency should be the representative rate applicable on the day the contract is concluded and the amount of aid should be the amount which is applicable on the day the application is lodged;
Whereas, to facilitate administration of the aid system, it is desirable that the Member States provide the Commission with regular information on the production and ginning of unginned cotton;
Whereas in the interests of clarity Commission Regulation (EEC) No 2183/81 (1), as last amended by Regulation (EEC) No 2993/88 (2) should be repealed and replaced by this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Flax and Hemp,
HAS ADOPTED THIS REGULATION:
TITLE I
World price
Article 1
1. The world market price for unginned cotton shall be determined once a month. However, if the market situation changes significantly, the said price may be changed during the intervening period.
2. The price shall be fixed per 100 kilograms and shall be equal to the sum of the value of 32 kilograms of ginned cotton and the value of 54 kilograms of cotton seed, less ginning costs evaluated at ECU 13,25 per 100 kilograms.
These values shall be fixed on the basis of prices determined in accordance with Articles 2, 3 and 4.
Article 2
1. In determining the world market price for ginned cotton the Commission shall refer to the offers and quotations most representative of the world market situation for unginned cotton, in particular those obtaining at the Liverpool Cotton Exchange for shipments to be made during the months nearest in date and concerning the marketing year for which the price is determined.
For the purposes of determining such price, the Commission may establish an average of the offers and quotations obtaining on one or more European exchanges for cotton originating in various supplier countries regarded as the most representative in international trade.
2. Where the offers and quotations relate to:
(a) ginned cotton of a quality other than the quality for which the guide price was fixed, they shall be adjusted as shown in Annex A;
(b) cotton delivered cif to a frontier crossing point other than Piraeus, they shall be adjusted on the basis of the difference in transport and insurance costs as against cotton delivered cif Piraeus, except in the case referred to in the second subparagraph of paragraph 1;
(c) cotton delivered c and f, they shall be increased by 0,2 % to take insurance costs into account;
(d) cotton delivered fas, fob or otherwise, they shall be increased, as appropriate, by loading, transport and insurance costs from the point of shipment or loading to the frontier crossing point;
(e) cotton delivered cif, they shall be increased by ECU 1 per 100 kilograms to take account of unloading and forwarding costs at Piraeus.
3. For the purposes of paragraph 2, only the lowest costs shall be taken into account.
Article 3
1. In determining the world market price for cotton seed, the Commission shall refer to the offers and quotations obtaining for the shipments nearest in date.
2. Where the offers and quotations relate to:
(a) cotton seed of a quality other than defined in Article 4 (3) of Regulation (EEC) No 2169/81, they shall be adjusted upward or downward by 2 % for each oil content point below or above the standard quality;
(b) cotton seed delivered c and f, they shall be increased by 0,2 % to take insurance costs into account;
(c) cotton seed delivered cif to a frontier crossing point other than Piraeus, they shall be adjusted on the basis of the difference in transport and insurance costs as against cotton seed delivered cif Piraeus;
(d) cotton seed delivered fas, fob or otherwise, they shall be increased, as appropriate, by loading, transport and insurance costs from the point of shipment or loading to the frontier crossing point;
(e) cotton seed delivered cif, they shall be increased by ECU 0,3 per 100 kilograms to take account of unloading and forwarding costs at Piraeus;
3. For the purposes of paragraph 2, only the lowest lodading, transport and insurance costs shall be taken into account.
Article 4
1. Where Article 4 (4) of Regulation (EEC) No 2169/81 is applied, the world market price for cotton seed shall be equal to the sum of the value of 12 kilograms of unprocessed cotton-seed oil and the value of 75 kilograms of oil-cake, less crushing costs which are calculated at ECU 7,45 per 100 kilograms. These values shall be fixed on the basis of prices determined in accordance with paragraph 2.
2. In determining the world market price for cotton-seed oil and oil-cake, the Commission shall refer to:
(a) the most favourable offers and quotations for a bulk product of Community origin or imported, delivered Piraeus;
(b) offers and quotations relating to:
- the shipments nearest in date, and
- as regards oil, a raw product and, as regards oil-cake, a product with a fat and protein content of 27 %.
3. Where the offers and quotations relate to oil other than raw or oil-cake with a fat and protein content other than 27 % they shall be adjusted on the basis of the difference in price from the quality referred to in paragraph 2 recorded on the market during a reference period.
4. For imported products, where the offers and quotations do not relate to a product delivered Piraeus, adjustments shall be made in accordance with the detailed rules laid down for seeds, having regard to the nature of the product.
In making such adjustments the Commission shall take into account the lowest costs.
Offers and quotations for oil shall be increased by the customs duties applied in the Community and any compensatory amount levied on imports pursuant to Regulation (EEC) No 143/67/EEC.
5. For products of Community origin, where there are no offers or quotations for a product delivered in bulk at Piraeus, the most favourable offers and quotations recorded on the other principal markets of the Community shall be taken into consideration.
TITLE II
Aid
Article 5
1. The Commission shall fix the amount of aid for unginned cotton once a month so that it may be brought into effect on the first day of the month following the date of fixing. However, if the market situation changes significantly, the said amount may be changed during the intervention period.
2. The Commission shall communicate to the Member States the amount of aid for 100 kilograms of unginned cotton, as soon as that amount is fixed, and in any case before the date of its entry into effect.
3. Without prejudice to Articles 5 (2) and 7 (2) of Regulation (EEC) No 2169/81, the aid to be granted shall be that which is valid on the day of application for aid provided for in Article 6 of Regulation (EEC) No 2169/81 is lodged in accordance with Article 7 of this Regulation.
Article 6
Where, for a given marketing year, there is a difference between the actual production and the estimated production, the maximum quantity fixed by the Council for the following marketing year shall be:
- increased by that difference if actual production is less than estimated production,
- reduced by that difference in the contrary case.
However, for the calculation of the difference, actual and estimated production shall be taken into account within the following limits:
- a minimum equal to the maximum guaranteed quantity of the marketing year to which it refers, adjusted where necessary in accordance with the first subparagraph of this Article,
and, for the 1987/88, 1988/89 and 1989/90 marketing years:
- a maximum equal to the abovementioned maximum guaranteed quantity plus 225 000, 300 000 and 375 000 tonnes respectively.
Article 7
1. The application for aid shall be made in writing, it shall be lodged by the ginning plant with the agency appointed to inspect ginning plants by the producer Member State concerned. It shall be lodged, in respect of each harvest, between 1 May preceding the marketing year for which the aid is applied for and 30 April following, and on or before the date on which the application for supervised storage of the cotton is made.
2. Where an application for aid is lodged before the application for supervised storage is made, it shall be valid only if a security of ECU 10 per 100 kilograms is given.
3. The security referred to in paragraph 2 shall be given in one of the forms provided for in Article 8 of Commission Regulation (EEC) No 2220/85 (1).
(1) OJ No L 377, 31. 12. 1987, p. 49.
(2) OJ No L 211, 31. 7. 1981, p. 2.
(3) OJ No L 85, 30. 3. 1989, p. 7.
(4) OJ No L 164, 24. 6. 1985, p. 1.
(5) OJ No L 153, 13. 6. 1987, p. 1.
(6) OJ No 125, 26. 6. 1967, p. 2463/67.
(7) OJ No L 220, 30. 9. 1971, p. 1.
(1) OJ No L 211, 31. 7. 1981, p. 35.
(2) OJ No L 270, 30. 9. 1988, p. 61.
(1) OJ No L 205, 3. 8. 1985, p. 5.
The security shall be released pro rata to the quantities for which the obligation provided for in Article 9 (1) is fulfilled. The security shall be forfeited pro rata to the quantities for which the obligation provided for in Article 9 (1) is not fulfilled.
4. The application for aid shall contain the following information:
- the name, forenames, address and signature of the applicant,
- the date of the application,
- quantity of unginned cotton for which aid is requested.
Article 8
1. All cotton growers shall, before a date set by the Member State concerned and, except in cases of force majeure, not later than 1 July, send an annual declaration of the areas sown.
2. If the areas declared differ from those found during the inspections referred to in Article 12 (1) (a), the Member States shall adjust the declarations concerned. They shall take such adjustments into account in determining the total area declared.
Article 9
1. All ginning plants shall lodge an application for supervised storage when the unginned cotton enters the ginning plant.
2. The application for supervised storage shall be made in writing. It shall be lodged with the agency authorized to inspect ginning plants, appointed by the producer Member State in question, not later than 30 April following the year of sowing. It may be presented for one or more consignments.
A 'consignment' shall mean a given quantity of unginned cotton, numbered on entry to the ginning plant and analysed in accordance with Article 12 (5).
3. The application for supervised storage shall contain:
- the name, forenames, address and signature of the applicant,
- the date of application,
- the quantity of unginned cotton in respect of which the application is made,
- the number(s) of the consignment(s) concerned,
- a reference to the aid application.
4. The quantities taken into supervised storage shall be set off against the aid applications, in chronological order of the lodging of applications.
5. The quantity taken into supervised storage under an aid application may not:
- exceed the quantity specified in the application by more than 10 %,
- be less than the quantity specified in the application by more than 2 %.
6. The weight of the quantity taken into supervised storage shall be determined after adjustment in accordance with the method set out in Annex C.
7. Where the quantity taken into supervised storage is less than the quantity specified in the application, the competent agency shall reduce the quantity specified in the application to the quantity taken into supervised storage.
Where the quantity taken into supervised storage exceeds the quantity resulting from the application of paragraph 5, the competent authority shall allow the excess to qualify for the aid applying on the day it is taken into supervised storage.
8. As soon as the application for supervised storage is lodged, Member States shall, on request, grant those concerned an advance on the aid equal to the amount of the aid, provided a security at least equal to the advance is lodged. The security shall take one of the forms provided for in Article 8 of Regulation (EEC) No 2220/85. The security shall be released pro rata to the quantities for which the obligation provided for in paragraph 9 is fulfilled. The security shall be forfeited pro rata to the quantities for which the obligation provided for in paragraph 9 is not fulfilled.
9. Except in cases of force majeure, the quantity taken into supervised storage must be ginned within a period laid down by the Member State concerned and in any case within 180 days of its entry into supervised storage.
10. The obligation referred to in paragraph 9 shall be considered to be fulfilled when the quantity ginned, as determined in accordance with the method set out in Annex C, is not more than 2 % below the quantity indicated.
This quantity shall refer to a product with moisture and impurity contents corresponding to those in respect of which the aid is fixed.
Article 10
1. Not later than when a quantity is taken into supervised storage, one or more contracts and/or declarations drawn up in accordance with paragraphs 2 and 3 shall be submitted for each aid application to the agency referred to in Article 7 (1).
2. A contract as provided for in paragraph 1 shall contain the following information:
(a) name, signature and address of the contracting parties;
(b) the date on which it is concluded;
(c) the year of sowing;
(d) the quantity covered by the contract; the total quantity given in a number of contracts referring to a single aid application may not be less than that given in the aid application concerned. If the contract is concluded before the harvest, this information shall be replaced by undertakings by the producer to deliver and by the buyer to take delivery of the quantity harvested on the area in question; in such cases the quantity shall be determined by the Member State on the basis of the yields recorded in the region concerned and any other relevant information supplied by the interested party;
(e) the area, in hectares and ares, with the necessary particulars enabling the land to be identified;
(f) the selling price of the unginned cotton by unit of weight, with the specification that:
1. the price is fixed for cotton of standard quality, ex holding;
2. the price is variable only for the increases or reductions in relation to the standard quality given in Annex B;
(g) a clause providing that, should Article 7 (2) of Regulation (EEC) No 2169/81 be applied, the agreed price will be reduced by the amount by which the aid will be reduced;
(h) a reference to the declaration of areas sown provided for in Article 8; however, if the declaration is not available when the contract is concluded, a reference to it shall be added to the contract as soon as the declaration is received.
3. Where the cotton is to be ginned on the grower's own premises or at another ginning plant on behalf of an individual or cooperative grower, or at a plant belonging to a growers' cooperative, a declaration shall be submitted indicating the following, as appropriate:
- a statement to the effect that the cotton will be ginned on the grower's own premises, or
- a statement to the effect that the cotton will be ginned on behalf of the grower; this statement shall contain the undertaking that the benefit of the aid shall be passed on to the grower. It shall be signed by the two parties concerned.
Paragraph 2 (h) shall apply mutatis mutandis.
Article 11
The aid shall be paid after it is established that the conditions laid down in this Regulation have been satisfied and, in particular, that the cotton taken into supervised storage was ginned during the period referred to in Article 9 (9).
If the total quantity ginned during the period in question, reconstituted if necessary by applying the yields referred to in Article 1 (2), is less than 98 % of the quantity taken into supervised storage, aid shall be paid pro rata to the quantities actually ginned.
Article 12
1. The agency appointed by the producer Member State shall verify:
(a) the accuracy of the declarations of areas sown, on the basis of random inspections relating to not less than 5 % of the declarations;
(b) that the contracts lodged fulfil the conditions laid down in Article 10, in particular compliance with the minimum price;
(c) that the quantity of cotton for which aid is being applied for corresponds to the quantity of unginned cotton of Community origin produced on the area indicated in the contract(s);
(d) that the quantity of cotton for which aid is paid corresponds to the quantity of Community cotton actually ginned;
(e) that the stock records provided for in Article 6 of Regulation (EEC) No 2169/81 have been kept in accordance with Article 13 of this Regulation. In particular, it shall verify that the invoices and other documents referred to in the second indent of Article 13 have been signed by the growers and indicate a price at least equal to the minimum price, corrected where appropriate in accordance with Annex B to take account of the quality delivered.
2. The competent agency shall allow as qualifying for aid only the quantity of cotton in respect of which all the conditions are fulfilled.
3. Except in cases of force majeure, unginned cotton whose entry into the ginning plant has been verified pursuant to paragraph 1 may not leave the plant unginned, save on prior authorization by the competent agency; otherwise, the entitlement to aid will be forfeited.
Prior authorization may be granted, in particular, for quantities which are to be ginned on behalf of the grower.
4. For the purposes of this Regulation 'ginning plant' shall mean:
(a) any building or other place within the precincts of a cotton ginning establishment;
(b) if the products concerned cannot be stored within those precincts, any place of storage situated outside them which is sufficiently secure for the purposes of control of the stored products and which has been approved in advance by the agency responsible for inspection.
5. The taking of samples, the reduction of laboratory samples to samples for analysis and the determination of cotton quality, of moisture content and of impurities shall be carried out by a uniform method for the whole Community. However, until a Community method is adopted, the Member States may continue to use the methods of their choice. Article 13
The stock records provided for in Article 6 (2) of Regulation (EEC) No 2169/81 shall contain the following information, separately in respect of unginned cotton harvested inside the Community and unginned cotton harvested outside the Community:
- the quantities of unginned cotton, ginned cotton, seed, oil and cotton linters in stock on the first day of each month,
- in respect of each consignment of such products received, the number of the invoice or, where appropriate, the number of the receipt or any other equivalent document issued per consignment, with an indication of the quantity concerned,
- in respect of each consignment of such products sent out, the number of the invoice, or, where appropriate, the number of the dispatch note or any other document issued per consignment, with an indication of the quantity concerned.
TITLE III
General provisions
Article 14
1. The producer Member States shall communicate to the Commission:
(a) the name and address of the agencies appointed to implement the provisions of this Regulation, as soon as those agencies are appointed;
(b) not later than the 15th of each month, the quantities for which aid was requested during the preceding month;
(c) not later than the 15th of each month, the quantities taken into supervised storage during the preceding month;
(d) not later than 15 August each year:
- the areas sown with cotton during the current year, where necessary adjusted in accordance with Article 8 (2),
- the average quality of ginned cotton and average yields of ginned cotton and cotton seed, recorded during the current marketing year,
- a summary of the quantities for which aid was approved in respect of the current marketing year.
2. Where significant irregularities are uncovered by 6 % or more of the inspections carried out in accordance with Article 12 (1) (a), the Member States shall so inform the Commission without delay, stating what measures have been adopted.
3. The Commission shall send to the Member States regular summaries of the data supplied.
Article 15
The conversion rate to be applied to the minimum price shall be the representative rate in force on the date the contract is concluded.
The conversion rate to be applied to the aid shall be the representative rate in force on the day the aid application is lodged.
Article 16
1. Regulation (EEC) No 2183/81 is hereby repealed.
2. In all Community instruments where reference is made to Regulation (EEC) No 2183/81 or to certain Articles of that Regulation, those references shall be construed as references to this Regulation or to the corresponding Articles hereof.
Article 17
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply to cotton harvested from the 1989/90 marketing year onwards.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 1989. | [
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*****
COMMISSION REGULATION (EEC) No 2666/82
of 5 October 1982
amending for the fifth time Regulation (EEC) No 3183/80 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products in relation in particular to the import and export of small quantities
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 1451/82 (2), and in particular Articles 12 (2), 15 (5), 16 (6) and 24 thereof and the corresponding provisions of the other Regulations on the common organization of markets in agricultural products,
Whereas, for the purpose of simplifying administrative procedures, a licence is not required and may not be produced for transactions involving small quantities except where advance fixing of a levy or refund is requested; whereas experience in relation to tariff quotas has shown that an exception should also be made where the benefit of special import or export arrangements is granted by means of a licence; whereas Commission Regulation (EEC) No 3183/80 (3), as last amended by Regulation (EEC) No 49/82 (4) should be amended accordingly;
Whereas the opportunity should be taken to correct an error in the German text of Article 2 of Regulation (EEC) No 3183/80;
Whereas the measures provided for in this Regulation are in accordance with the opinions of all the relevant management committees,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3183/80 is hereby amended as follows:
1. In the German text the first indent of Article 2 (1) (b) is replaced by the following text:
'- im Rahmen eines Zollverfahrens, das die Einfuhr unter Aussetzung der anzuwendenden Zoelle, Abgaben gleicher Wirkung oder Abschoepfungen erlaubt,'
2. Article 5 (1) is replaced by the following:
'1. A licence shall not be required and may not be produced for the purposes of operations:
- as specified in Articles 5, 19b and 26 of Regulation (EEC) No 2730/79, or
- of a non-commercial nature, or
- relating to quantities such that the amount of the security for the corresponding licence would be five ECU or less. However, if the quantity in kilograms corresponding to five ECU 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 multiple of 50 next above. In addition, where licences are issued on a headage, or similar basis and five ECU 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 whole number next above.
Notwithstanding the provisions of the preceding subparagraph a licence or certificate must be produced when advance fixing of the levy or refund is requested or when the importation or exportation is being made under preferential arrangements which are granted by means of a licence.'
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 November 1982.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 October 1982. | [
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Commission Regulation (EC) No 1847/2001
of 20 September 2001
opening tendering procedure No 41/2001 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), as amended by Regulation (EC) No 2826/2000(2),
Having regard to 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(3), as last amended by Regulation (EC) No 1660/2001(4), and in particular Article 80 thereof,
Whereas:
(1) Regulation (EC) No 1623/2000 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) 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 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine(5), as last amended by Regulation (EC) No 1677/1999(6), and under Articles 27 and 28 of Regulation (EC) No 1493/1999.
(3) Since the adoption of Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(7), 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 41/2001 EC is hereby opened for the sale of wine alcohol for new industrial uses. The alcohol concerned has been produced from distillation under Articles 35 and 36 of Regulation (EEC) No 822/87 and Articles 27 and 28 of Regulation (EC) No 1493/1999 and is held by the French intervention agency.
The volume put up for sale is 100000 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
Tenders must be submitted to the intervention agency holding the alcohol concerned: Onivins-Libourne, Délégation nationale 17, avenue de la Ballastière Boîte postale 231 F - 33505 Libourne Cedex ( tel (33) 557 55 20 00; telex 57 20 25; fax (33) 557 55 20 59 ) or sent by registered mail to that address.
Tenders shall be submitted in a sealed double envelope, the inside envelope marked: "Tender under procedure No 41/2001 EC for new industrial uses", the outer envelope bearing the address of the intervention agency concerned.
Tenders must reach the intervention agency concerned not later than 12 noon Brussels time on 8 October 2001.
All tenders must be accompanied by proof that a tendering security of EUR 4 per hectolitre of alcohol of 100 % vol has been lodged with the intervention agency concerned.
Article 4
The minimum prices which may be offered are EUR 7,5 per hectolitre of alcohol at 100 % vol intended for the manufacture of baker's yeast, EUR 28 per hectolitre of alcohol at 100 % vol intended for the manufacture of amine- and chloral-type chemical products for export, EUR 32 per hectolitre of alcohol at 100 % vol intended for the manufacture of eau de Cologne for export and EUR 7,5 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 Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 September 2001. | [
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COMMISSION DECISION of 10 September 1981 on the implementation of the reform of agricultural structures in France pursuant to Council Directive 72/160/EEC (Only the French text is authentic) (81/775/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of farming and the reallocation of utilized agricultural area for the purpose of structural improvement (1), and in particular Article 9 (3) thereof,
Whereas the French Government forwarded the following provisions pursuant to Article 8 (4) of Directive 72/160/EEC: - Decree No 81-88 of 30 January 1981 on the granting of a retirement annuity and a retirement life annuity taking the form of a pension supplement to elderly farmers ceasing to practise farming,
- Order of 30 January 1981 laying down the amount of the benefits granted pursuant to Decree No 81-88 of 30 January 1981 on the granting of a retirement annuity and a retirement life annuity taking the form of a pension supplement to elderly farmers ceasing to practise farming.
Whereas Article 9 (3) of Directive 72/160/EEC required the Commission to decide whether, having regard to the compatibility with the said Directive of the provisions forwarded, and taking into account the objectives of this Directive and the need for a proper connection between the various measures, the existing provisions for the implementation in France of the reform of agricultural structures pursuant to Directive 72/160/EEC continue, in the light of the abovementioned provisions, to satisfy the conditions for financial contribution by the Community;
Whereas the abovementioned provisions are consistent with the requirements and objectives of Directive 72/160/EEC;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The provisions for the implementation of Directive 72/160/EEC forwarded by the French Government continue, in the light of the provisions specified in the recitals, to satisfy the conditions for financial contribution by the Community to the common measures referred to in Article 6 of Directive 72/160/EEC.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 10 September 1981. | [
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COMMISSION REGULATION (EC) No 1671/2004
of 24 September 2004
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 25 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 2004. | [
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Council Decision
of 29 October 2001
concerning the signing on behalf of the Community and the provisional application of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Croatia, of the other part
(2001/868/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Pending the entry into force of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, signed at Luxembourg on 29 October 2001, it is necessary to sign the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Croatia, of the other part.
(2) The absence of a separate, pre-existing transport agreement between the European Community and the Republic of Croatia requires the inclusion of the relevant, trade-related, transport provisions under Protocol 6 of the Stabilisation and Association Agreement.
(3) In the absence of pre-existing contractual structures this Agreement establishes an interim committee for the implementation of this Agreement.
(4) The commercial provisions contained in this Agreement are of an exceptional nature, connected with the policy implemented within the framework of the Stabilisation and Association Process, and will not constitute, for the European Union, any precedent with regard to third countries other than the countries of the western Balkans.
(5) Subject to possible conclusion at a later date, the Agreement should therefore be signed on behalf of the Community.
(6) Provision should be made for the provisional application of the Interim Agreement as from 1 January 2002 if the Agreement has not come into force by that date,
HAS DECIDED AS FOLLOWS:
Article 1
The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community, the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Croatia, of the other part, subject to its conclusion at a later date.
The text of the Agreement is attached to this Decision.
Article 2
Subject to reciprocity, the Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January 2002 if the procedures necessary for its entry into force have not been completed by that date.
Article 3
This Decision shall be published in the Official Journal of the European Communities.
Done at Luxembourg, 29 October 2001. | [
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Commission Regulation (EC) No 1855/2003
of 22 October 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 October 2003. | [
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Council Directive 2000/17/EC
of 30 March 2000
amending Directive 77/388/EEC on the common system of value added tax - transitional provisions granted to the Republic of Austria and the Portuguese Republic
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof,
Having regard to the proposal from the Community,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social Committee(2),
Whereas:
(1) Point 2(e) of Part IX "Taxation" of Annex XV to the 1994 Act of Accession authorised the Republic of Austria to derogate from Article 28(2) of sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - common system of value added tax: uniform basis of assessment(3), (hereinafter referred to as the "sixth VAT Directive") and to apply a reduced rate to the letting of immovable property for residential use until 31 December 1998, provided that the rate was not lower than 10 %.
(2) Under Article 13(B)(b) of the sixth VAT Directive, the letting of immovable property for residential use in Austria has been exempt from VAT since 1 January 1999 without the right to deduct input tax. However, under Article 13(C)(a) of that Directive, Austria may allow taxpayers the right to opt for taxation. In that case, the normal VAT rate and the normal rules for the right to deduction apply.
(3) The Republic of Austria considers that the measure is still essential, mainly because the transitional VAT regime is still in force and the situation has not really changed since the negotiation of the 1994 Act of Accession.
(4) The Republic of Austria also considers that dispensing with the reduced rate of 10 % would inevitably lead to an increase in the price of immovable property rental for the final consumer.
(5) The Portuguese Republic applied a reduced rate of 8 % to restaurant services as at 1 January 1991. Under Article 28(2)(d) of the sixth VAT Directive, Portugal was permitted to continue applying that rate. However, after a comprehensive amendment of the rates and for political and budgetary reasons, restaurant services were made subject to the normal rate from 1992.
(6) The Portuguese Republic wishes to reintroduce a reduced rate on these services on the basis that maintaining the normal rate had adverse consequences, in particular job losses and an increase in undeclared employment, and that application of the normal rate increased the price of restaurant services for the final consumer.
(7) As the derogations in question concern supplies of services within a single Member State, the risk of distortion of competition can be considered non-existent.
(8) In these circumstances, return to the previous situation may be considered for both the Republic of Austria and the Portuguese Republic, provided that application of the derogations is limited to the transitional period referred to in Article 281 of the sixth VAT Directive. However, the Republic of Austria must take the necessary steps to ensure that the reduced rate has no adverse effects on the European Communities' own resources accruing from VAT, the basis of assessment for which must be reconstituted in accordance with Regulation (EEC, Euratom) No 1553/89(4),
HAS ADOPTED THIS DIRECTIVE:
Article 1
The following points shall be added to Article 28(2) of the sixth VAT Directive:
"j) the Republic of Austria may apply one of the two reduced rates provided for in the third subparagraph of Article 12(3)(a) to the letting of immovable property for residential use, provided that the rate is not lower than 10 %;
k) the Portuguese Republic may apply one of the two reduced rates provided for in the third subparagraph of Article 12(3)(a) to restaurant services, provided that the rate is not lower than 12 %."
Article 2
1. The Member States referred to in Article 1 shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
When the Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods for making such a reference shall be laid down by the Member States.
2. The Member States referred to in Article 1 shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.
Article 3
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply as from 1 January 1999 until the end of the transitional period referred to in Article 281 of the sixth VAT Directive.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 30 March 2000. | [
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COMMISSION REGULATION (EEC) No 3774/92
of 23 December 1992
amending Regulations (EEC) No 2315/76, (EEC) No 3143/85, (EEC) No 570/88, (EEC) No 429/90, (EEC) No 3378/91 and (EEC) No 3398/91
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 2071/92 (2), and in particular Articles 6 (7), 7a (3), 12 (3) and 28 thereof,
Whereas certain products from intervention or from the market may be subject to a specific use and/or destination;
Whereas Commission Regulation (EEC) No 569/88 (3), as last amended by Regulation (EEC) No 3274/92 (4), lays down common detailed rules for verifying the use and/or destination of products from intervention; whereas in connection with the suppression of controls and formalities at the internal frontiers and on account of subsequent amendments to the said Regulation, and for reasons of clarity and administrative efficiency, that Regulation was replaced by Commission Regulation (EEC) No 3002/92 of 16 October 1992, concerning new common detailed rules for verifying the use and/or destination of products for intervention (5), ensuring that products from intervention are not diverted from their use and/or destination;
Whereas it is appropriate in any event that a uniform system of verification be set up in respect of products from intervention and products from the market where an identical use or destination is provided for; whereas, therefore, within the framework of Commission Regulation (EEC) No 429/90 (6), Regulation (EEC) No 3002/92 should be extended to apply to products from the market;
Whereas the new detailed rules in question make it necessary, as regards the references to the endorsements provided for in Regulation (EEC) No 569/88, to amend the following Regulations:
- Commission Regulation (EEC) No 2315/76 of 24 September 1975 on the sale of butter from public storage (7), as last amended by Regulation (EEC) No 1792/92 (8),
- Commission Regulation (EEC) No 3143/85 of 11 November 1985 on the sale at reduced prices of intervention butter intended for direct consumption in the form of concentrated butter (9), as last amended by Regulation (EEC) No 1264/92 (10),
- Commission Regulation (EEC) No 570/88 of 16 February 1988 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs (11), as last amended by Regulation (EEC) No 124/92 (12),
- Regulation (EEC) No 429/90 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community, as last amended by Regulation (EEC) No 1264/92,
- Commission Regulation (EEC) No 3378/91 of 20 November 1991 laying down detailed rules for the sale of butter from intervention stocks for export (13), as last amended by Regulation (EEC) No 1810/92 (14),
- Commission Regulation (EEC) No 3398/91 of 20 November 1991 on the sale by invitation to tender of skimmed-milk powder for the manufacture of compound feedingstuffs (15), as last amended by Regulation (EEC) No 44/92 (16);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The following paragraph is added to Article 4a of Regulation (EEC) No 2315/76:
'3. Packages of butter sold and removed from storage in accordance with paragraphs 1 and 2 shall bear in clearly visible and legible characters one or more of the following endorsements:
- Mantequilla destinada al Reglamento (CEE) n° 2191/81
- Smoer, der skal anvendes ifoelge forordning (EOEF) nr. 2191/81
- Butter fuer die Zwecke der Verordnung (EWG) Nr. 2191/81
- Âïýôõñï ðñïïñéaeueìaaíï ãéá ôïí êáíïíéóìue (AAÏÊ) áñéè. 2191/81
- Butter intended for the purposes of Regulation (EEC) No 2191/81
- Beurre destiné au règlement (CEE) n° 2191/81
- Burro destinato al regolamento (CEE) n. 2191/81
- Boter bestemd voor gebruik overeenkomstig Verordening (EEG) nr. 2191/81
- Manteiga destinada a ser utilizada de acordo com o Regulamento (CEE) n° 2191/81.
In addition to the endorsements provided for in Commission Regulation (EEC) No 3002/92 (*), Section 104 of the T 5 control copy must carry one of the endorsements shown above.
(*) OJ No L 301, 17. 10. 1992, p. 17.`
Article 2
Regulation (EEC) No 3143/85 is hereby amended as follows:
1. in the first indent of Article 2 (4), 'Article 13 of Regulation (EEC) No 1607/76` is replaced by 'Article 5 of Commission Regulation (EEC) No 3002/92 (*)`. The relevant footnote ((*) OJ No L 301, 17. 10. 1992, p. 17.) is added.
2. in Article 7 (4), 'Article 2 of Regulation (EEC) No 1687/76` is replaced by 'Article 2 of Regulation (EEC) No 3002/92`;
3. in Article 9 (1), 'Article 11 (1) (a) and (b) of Regulation (EEC) No 1687/76` is replaced by 'Article 6 (1) (a) and (b) of Regulation (EEC) No 3002/92`;
4. in Article 9 (5), 'Regulation (EEC) No 1687/76` is replaced by 'Regulation (EEC) No 3002/92`.
5. Article 12 is replaced by the following:
'Article 12
In addition to the endorsements provided for in Regulation (EEC) No 3002/92, control copy T 5 must carry one or more of the following endorsements:
(a) on the dispatch of the butter in its natural state intended for concentration:
- Section 104 of the T 5 control copy:
Destinada a ser transformada en mantequilla concentrada para su posterior consumo directo [Reglamento (CEE) n° 3143/85]
Bestemt til forarbejdning til koncentreret smoer og senere direkte forbrug [forordning (EOEF) nr. 3143/85]
Zur Verarbeitung zu Butterfett und zum anschliessenden unmittelbaren Verbrauch [Verordnung (EWG) Nr. 3143/85]
Ðñïïñéaeueìaaíï íá ìaaôáðïéçèaass óaa óõìðõêíùìÝíï âïýôõñï êáé aaí óõíaa÷aassá ãéá UEìaaóç êáôáíUEëùóç [êáíïíéóìueò (AAÏÊ) áñéè. 3143/85]
For processing into butteroil or concentrated butter and subsequent private consumption (Regulation (EEC) No 3143/85)
Destiné à être transformé en beurre concentré et à la consommation directe ultérieure [règlement (CEE) n° 3143/85]
Destinato ad essere trasformato in burro concentrato ed all'ulteriore consumo diretto [regolamento (CEE) n. 3143/85]
Bestemd voor verwerking tot boterconcentraat en voor later onmiddellijk verbruik [Verordening (EEG) nr. 3143/85]
Destinada a transformação em manteiga concentrada e posteriormente ao consumo directo [Regulamento (CEE) n° 3143/85];
- Section 106 of the T 5 control copy
the date on which the butter was purchased;
(b) on the dispatch of the butter after concentration:
- Section 104 of the T 5 control copy:
Destinada a ser embalada para el consumo directo [Reglamento (CEE) n° 3143/85]
Bestemt til emballering og senere direkte forbrug [forordning (EOEF) nr. 3143/85]
Zur Verpackung und zum anschliessenden unmittelbaren Verbrauch [Verordnung (EWG) Nr. 3143/85]
Ðñïïñssaeaaôáé íá óõóêaaõáóèaass êáé ãéá ìaaôáãaaíÝóôaañç UEìaaóç êáôáíUEëùóç [êáíïíéóìueò (AAÏÊ) áñéè. 3143/85]
For packaging and subsequent private consumption [Regulation (EEC) No 3143/85]
Destiné à être emballé et à la consommation ultérieure directe [règlement (CEE) n° 3143/85]
Destinato a essere imballato ed all'ulteriore consumo diretto [regolamento (CEE) n. 3143/85]
Bestemd om te worden verpakt en voor later onmiddellijk verbruik [Verordening (EEG) nr. 3143/85]
Destinada a ser embalada e ao consumo directo posterior [Regulamento (CEE) n° 3143/85];
- Section 106 of the T 5 control copy: the quantity of butter used to manufacture the quantity of concentrated butter indicated in Section 103;
(c) on the dispatch of the butter after concentration and packaging:
- Section 104 of the T 5 control copy:
Destinada al consumo directo [Reglamento (CEE) n° 3143/85]
Til direkte forbrug [forordning (EOEF) nr. 3143/85]
Fuer den unmittelbaren Verbrauch [Verordnung (EWG) Nr. 3143/85]
Ðñïïñéaeueìaaíï ãéá UEìaaóç êáôáíUEëùóç [êáíïíéóìueò (AAÏÊ) áñéè. 3143/85]
For private consumption (Regulation (EEC) No 3143/85)
Destiné à la consommation directe [règlement (CEE) n° 3143/85]
Destinato al consumo diretto [regolamento (CEE) n. 3143/85]
Voor onmiddellijk verbruik [Verordening (EEG) nr. 3143/85]
Destinada ao consumo directo [Regulamento (CEE) n° 3143/85];
- Section 106 of the T 5 control copy: the quantity of butter used to manufacture the quantity of concentrated butter indicated in Section 103.`
Article 3
Regulation (EEC) No 570/88 is hereby amended as follows:
1. Article 24 is replaced by the following:
'Article 24
Regulation (EEC) No 3002/92 (*) shall apply mutatis mutandis to the products referred to in this Regulation, save as otherwise provided for therein.
The products referred to in the second subparagraph of Article 1 shall also be subject to the control referred to in Article 2 of Regulation (EEC) No 3002/92 from the beginning of the operations referred to in Article 6 until incorporation in the final products.
The special entries to be made in sections 104 and 106 of the T 5 control copy shall be those set out in Annex VIII to this Regulation.
(*) OJ No L 301, 17. 10. 1992, p. 17.`;
2. in Article 26, the number of the Regulation (EEC) 'No 569/88` is replaced by 'No 3002/92`;
3. the Annex to this Regulation is added as Annex VIII to Regulation (EEC) No 570/88.
Article 4
Article 14 of Regulation (EEC) No 429/90 is replaced by the following:
'Article 14
Commission Regulation (EEC) No 3002/92 (*) shall apply mutatis mutandis to the products referred to in this Regulation, save as otherwise provided for therein.
With regard to the control measures provided for in Article 2 of Regulation (EEC) No 3002/92, they shall apply to the products referred to in this Regulation from the beginning of the operations referred to in Article 9 to the time the products are recorded as being taken over by the retail trade.
On the dispatch of the packed concentrated butter for taking over by the retail trade in another Member State, in addition to the endorsements provided for in Regulation (EEC) No 3002/92, the T 5 control copy shall carry in Section 104 one of the following endorsements:
- Mantequilla concentrada y envasada destinada al consumo inmediato en la Comunidad (para su aceptación por el comercio minorista)
- Emballeret koncentreret smoer bestemt til direkte forbrug i Faellesskabet (til detailhandelen)
- Verpacktes Butterfett zum unmittelbaren Verbrauch in der Gemeinschaft (vom Einzelhandel zu uebernehmen)
- ÓõìðõêíùìÝíï êáé óõóêaaõáóìÝíï âïýôõñï ðïõ ðñïïñssaeaaôáé ãéá UEìaaóç êáôáíUEëùóç óôçí Êïéíueôçôá (èá áíáëçoeèaass áðue ôï ëéáíéêue aaìðueñéï)
- Packed concentrated butter for direct consumption in the Community (to be taken over by the retail trade)
- Beurre concentré et emballé destiné à la consommation directe dans la Communauté (à prendre en charge par le commerce de détail)
- Burro concentrato ed imballato destinato al consumo diretto nella Comunità (da consegnare ai commercianti al minuto)
- Verpakt boterconcentraat bestemd voor rechtstreekse consumptie in de Gemeenschap (over te nemen door de detailhandel)
- Manteiga concentrada e embalada destinada ao consumo directo na Comunidade (com vista à sua tomada a cargo pelo comércio retalhista).
(*) OJ No L 301, 17. 10. 1992, p. 17.`
Article 5
Regulation (EEC) No 3378/91 is hereby amended as follows:
1. in Article 12 (1), 'to Article 18 of Regulation (EEC) No 569/88` is replaced by to 'Article 15 of Commission Regulation (EEC) No 3002/91 (*)`.
The relevant footnote ((*) OJ No L 301, 17. 10. 1992, p. 17.) is added.
2. Article 12 (2) is replaced by the following:
'2. The provisions of Commission Regulations (EEC) No 3002/92 and (EEC) No 2220/85 (**) shall apply except where this Regulation provides otherwise.`;
3. Article 13 is replaced by the following:
'Article 13
1. In addition to the endorsements provided for in Regulation (EEC) No 3002/92, the T 5 control copy must carry one of the following endorsements:
(a) on the dispatch of the butter for processing:
- Section 104:
Destinada a la transformación y exportación posterior [Reglamento (CEE) n° 3378/91]
Til forarbejdning og senere eksport [Forordning (EOEF) nr. 3378/91]
Zur Verarbeitung und spaeteren Ausfuhr bestimmt [Verordnung (EWG) Nr. 3378/91]
Ðïïñéaeueìaaíï ãéá ìaaôáðïssçóç êáé ãéá ìaaôÝðaaéôá aaîáãùãÞ [êáíïíéóìueò (AAÏÊ) áñéè. 3378/91]
Intended for processing and, subsequently, export [Regulation (EEC) No 3378/91]
Destiné à la transformation et à l'exportation [règlement (CEE) n° 3378/91]
Destinato alla trasformazione e alla successiva esportazione [regolamento (CEE) n. 3378/91]
Bestemd om te worden verwerkt en vervolgens te worden uitgevoerd [Verordening (EEG) nr. 3378/91]
Destinada à transformação à exportação posterior [Regulamento (CEE) n° 3378/91];
- Section 106:
the closing date for removing the butter;
(b) on the export of the finished product:
- Section 104:
Mantequilla concentrada destinada a la exportación [Reglamento (CEE) n° 3378/91]
Koncentreret smoer bestemt til eksport [forordning (EOEF) nr. 3378/91]
Zur Ausfuhr bestimmtes Butterfett [Verordnung (EWG) Nr. 3378/91]
ÓõìðõêíùìÝíï âïýôõñï ðñïïñéaeueìaaíï ãéá aaîáãùãÞ [êáíïíéóìueò (AAÏÊ) áñéè. 3378/91]
Concentrated butter for export [Regulation (EEC) No 3378/91]
Beurre concentré destiné à l'exportation [règlement (CEE) n° 3378/91]
Burro concentrato destinato all'esportazione [regolamento (CEE) n. 3378/91]
Boterconcentraat bestemd voor uitvoer [Verordening (EEG) nr. 3378/91]
Manteiga concentrada destinada à exportação [Regulamento (CEE) n° 3378/91]
- Section 106:
- the closing date for removing the butter,
- the weight of butter used to manufacture the quantity of the finished product shown in Section 103.`;
4. in Article 14 (2), 'to Article 3 of Regulation (EEC) No 569/88` is replaced by 'to Article 3 (1) (b) of Regulation (EEC) No 3002/92`.
Article 6
Article 14 of Regulation (EEC) No 3398/91 is replaced by the following:
'Article 14
In addition to the endorsements provided for in Commission Regulation (EEC) No 3002/92 (*), Section 104 of the T 5 control copy must carry one of the following endorsements:
Para desnaturalizar o transformar [Reglamento (CEE) n° 3398/91]
Til denaturering eller forarbejdning [forordning (EOEF) nr. 3398/91]
Zur Denaturierung oder zur Verarbeitung [Verordnung (EWG) Nr. 3398/91]
Ãéá íá ìaaôïõóéùèaass Þ íá ìaaôáðïéçèaass [êáíïíéóìueò (AAÏÊ) áñéè. 3398/91]
To be denatured or processed [Regulation (EEC) No 3398/91]
À dénaturer ou transformer [règlement (CEE) n° 3398/91]
Destinato alla denaturazione o alla trasformazione [regolamento (CEE) n. 3398/91]
Voor denaturering of verwerking [Verordening (EEG) nr. 3398/91]
A desnaturar ou transformar [Regulamento (CEE) n° 3398/91].
Section 106 must show the closing date for denaturing or processing into compound feedingstuffs.
(*) OJ No L 301, 17. 10. 1992, p. 17.`
Article 7
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, 23 December 1992. | [
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COMMISSION REGULATION (EC) No 2476/94 of 13 October 1994 limiting the period of validity of advance fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II 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 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular Article 8 (3) thereof,
Whereas, under the GATT Agreement, the budgetary expenditure for goods not covered by Annex II must be reduced by 36 % in six years; whereas that reduction must be applied, for the first time, over annual budgetary exercises, beginning on 16 October 1995 and expiring on 15 October of the following year;
Whereas it appears necessary to quantify the expenditure for every budgetary year; whereas in order to ensure this quantification, steps must be taken to make certain that certificates issued under the current arrangements are used under those arrangements; whereas, to that end, the period of validity of certificates issued under the current arrangements should be limited to 15 October 1995; whereas 14 and 15 October 1995 are not working days, the period of validity of certificates issued under the current agreements has to be limited to 13 October 1995;
Whereas Article 4 of Commission Regulation (EC) No 1223/94 of 30 May 1994 laying down special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty (2), establishes the duration of validity for advance fixing certificates; whereas this Regulation will have to take account of the GATT Agreement;
Whereas the use of one of the arrangements referred to in Articles 4 and 5 of Council Regulation (EEC) No 565/80 (3), as amended by Regulation (EEC) No 2026/83 (4), may result in an extension of the period of validity of licences; whereas it should be laid down that products placed under one of those arrangements must be withdrawn from that arrangement not later than 13 October 1995; whereas that constitutes a derogation from the provisions fixing the period during which products may be placed under one of those arrangements;
Whereas the measure provided for in this Regulation is taken to ensure a harmonious transition between the current arrangements and the GATT arrangements; whereas this measure does not prejudge the method which will be used for administration of the GATT Agreement; whereas, in this context, measures will be taken as quickly as possible in order to avoid disturbances in trade;
Whereas the measures provided in this Regulation are in accordance with the opinion of the Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex II,
HAS ADOPTED THIS REGULATION:
Article 1
The advance fixing certificates requested pursuant to Regulation (EC) No 1223/94 whose period of validity following the application of Article 4 of this Regulation, goes beyond 15 October 1995 shall be limited to 13 October 1995.
Article 2
Products which on 13 October 1995 are covered by one of the arrangements referred to in Articles 4 and 5 of Regulation (EEC) No 565/80, shall be the subject, on that date, of the export declaration, within the meaning of Article 30 of Commission Regulation (EEC) No 3665/87 (5).
Article 3
To avoid disturbances in trade, other measures that are necessary to take account of the particular circumstances relating to products exported in the form of goods not covered by Annex II to the Treaty, shall be taken as necessary in accordance with the procedure laid down in Article 16 of Regulation (EC) No 3448/93.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply to licences and certificates applied for from the date of its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 October 1994. | [
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*****
COMMISSION REGULATION (EEC) No 3485/86
of 14 November 1986
amending Regulation (EEC) No 2226/78 laying down detailed rules for the application of intervention measures in the beef and veal sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 6 (5) (d) thereof,
Having regard to Council Regulation (EEC) No 1345/86 of 6 May 1986 fixing the guide price and the intervention price for adult bovine animals for the 1986/87 marketing year (3), and in particular Article 3 (5) (b) thereof,
Whereas Commission Regulation (EEC) No 1557/82 of 17 June 1982 concerning the Community recording of market prices on the basis of the scale for the classification of adult bovine animals (4) was replaced by Commission Regulation (EEC) No 3310/86 (5); whereas changes should, accordingly, be made to the provisions of Commission Regulation (EEC) No 2226/78 (6) as last amended by Regulation (EEC) No 1375/86 (7), which refers to Regulation (EEC) No 1557/82;
Whereas certain detailed rules should be laid down for implementing the national suspension of purchases as referred to in Article 3 (4) of Regulation (EEC) No 1345/86;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2226/78 is hereby amended as follows:
1. Article 3 (2) is replaced by the following:
'2. The average Community market prices referred to in Article 3 of Council Regulation (EEC) No 1345/86 (1) shall be recorded under the conditions laid down in Commission Reguation (EEC) No 3310/86 (2).
(1) OJ No L 119, 8. 5. 1986, p. 37.
(2) OJ No L 305, 31. 10. 1986, p. 28.'
2. The following paragraph 5 is added to Article 3:
'5. National or regional suspension of buying-in may decided in accordance with Article 3 (4) of Regulation (EEC) No 1345/86 where the market price in one or more Member States or in a region of a Member State for certain qualities or groups of qualities is greater than the buying-in price, account being taken in particular of the level of market prices recorded and any quantities bought in; the resumption of such buying-in shall be decided at short notice where the market price falls below the buying-in price.
For the purposes of applying the first subparagraph, the average market price for a group of qualities shall be equal, within a Member State, to the average of the market prices for each of those qualities weighted according to their relative importance nationally.'
3. The following subparagraph is added to Article 18 (2):
'However, where the market price for the qualities bought in is higher than the buying-in price, the period for forwarding the information specified in (a) may not exceed five working days.'
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 13 November 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 1986. | [
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POLITICAL AND SECURITY COMMITTEE DECISION EUPT/1/2008
of 6 June 2008
amending Decision EUPT/2/2007 appointing the Head of the European Union Planning Team (EUPT Kosovo)
(2008/545/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union and in particular the third subparagraph of Article 25 thereof,
Having regard to Council Joint Action 2006/304/CFSP of 10 April 2006 on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo (1), and in particular Article 6 thereof,
Having regard to Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, and in particular Articles 4(3) and 5(2) thereof (2),
Whereas:
(1)
By Decision EUPT/2/2007 (3), the Political and Security Committee (PSC) decided to appoint Roy REEVE as the Head of the EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo, with effect as from 1 January 2008.
(2)
Article 6 of Joint Action 2006/304/CFSP provides for the Council to authorise the PSC to take the relevant decisions in accordance with Article 25 of the Treaty, including the decision to appoint, upon a proposal by the Secretary-General/High Representative, a Head of the EU Planning Team (EUPT Kosovo),
HAS DECIDED AS FOLLOWS:
Sole Article
The second paragraph of Article 2 of Political and Security Committee Decision EUPT/2/2007 shall be deleted.
Done at Brussels, 6 June 2008. | [
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COMMISSION DECISION
of 5 November 1999
amending Decision 97/217/EC establishing groups of third countries which are able to use the veterinary certification for imports of wild game meat, farmed game meat and rabbit meat from third countries
(notified under document number C(1999) 3584)
(Text with EEA relevance)
(1999/758/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(1), as last amended by Directive 97/79/EC(2), and in particular Article 10(2) thereof,
Whereas:
(1) Commission Decision 97/217/EC(3), as last amended by Decision 98/648/EC(4), lays down groups of third countries, or parts thereof, which are able to use the veterinary certification for imports of wild game meat, farmed game meat and rabbit meat from third countries;
(2) following the information available by the European Community, it appears that New Caledonia is covered by sufficiently well-structured and organised veterinary services;
(3) the responsible veterinary authorities of New Caledonia have confirmed that the country has during the last 24 months been free from foot-and-mouth disease;
(4) no vaccinations have been carried out against this disease during the past 12 months;
(5) the responsible veterinary of New Caledonia have undertaken to notify the Commission and the Member States, by telex or fax, within 24 hours of confirmation of the occurence of the abovementioned disease or of the adoption of vaccination against it;
(6) imports of farmed cloven-hoofed game meat, excepting swine, from New Caledonia can be authorised;
(7) it is therefore necessary to amend Decision 97/217/EC;
(8) 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 Commission Decision 97/217/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Members States.
Done at Brussels, 5 November 1999. | [
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COMMISSION REGULATION (EC) No 1649/98 of 27 July 1998 fixing for the 1998/99 marketing year the buying-in price to be paid by storage agencies for unprocessed dried grapes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products (1), as amended by Regulation (EC) No 2199/97 (2), and in particular Article 9(8) thereof,
Whereas the criteria for fixing the prices at which storage agencies buy dried grapes are laid down in Article 9(2)(b) of Regulation (EC) No 2201/96; whereas the buying-in price for unprocessed dried grapes should be set for the 1998/99 marketing year at the same level as for the 1997/98 marketing year given the stability of the minimum import price;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1998/99 marketing year, the buying-in price referred to in Article 9(2) of Regulation (EC) No 2201/96 for unprocessed dried grapes shall be ECU 46,91 per 100 kg net.
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 September 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1998. | [
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COMMISSION DECISION
of 4 April 2008
concerning the non-inclusion of azocyclotin, cyhexatin and thidiazuron in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing those active substances
(notified under document number C(2008) 1187)
(Text with EEA relevance)
(2008/296/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the fourth subparagraph of Article 8(2) thereof,
Whereas:
(1)
Article 8(2) of Directive 91/414/EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I to that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work.
(2)
Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the second and third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC.
(3)
Azocyclotin, cyhexatin and thidiazuron are substances designated in the third stage programme.
(4)
The sole notifiers for azocyclotin, cyhexatin and thidiazuron informed the Commission on 25 January 2007, 24 January 2007 and 7 February 2007 respectively, that they no longer wished to participate in the programme of work for these active substances, and therefore further information will not be submitted. As a consequence, these active substances should not be included in Annex I to Directive 91/414/EEC.
(5)
Measures should be taken to ensure that existing authorisations for plant protection products containing azocyclotin, cyhexatin or thidiazuron are withdrawn within a prescribed period and are not renewed and that no authorisations for such products are granted.
(6)
For these active substances for which there is only a short period of advance notice for the withdrawal of plant protection products containing such substances, it is reasonable to provide for a period of grace for disposal, storage, placing on the market and use of existing stocks for a period no longer than 12 months to allow existing stocks to be used in no more than one further growing. In cases where a longer advance notice period is provided, such period can be shortened to expire at the end of the growing season.
(7)
This Decision does not prejudice the submission of an application for azocyclotin, cyhexatin or thidiazuron according to the provisions of Article 6(2) of Directive 91/414/EEC in view of a possible inclusion in its Annex I.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Azocyclotin, cyhexatin and thidiazuron shall not be included in Annex I to Directive 91/414/EEC.
Article 2
Member States shall ensure that:
(a)
authorisations for plant protection products containing azocyclotin, cyhexatin and thidiazuron are withdrawn by 4 October 2008;
(b)
from 5 April 2008 no authorisations for plant protection products containing azocyclotin, cyhexatin and thidiazuron are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC.
Article 3
Any period of grace granted by Member States in accordance with Article 4(6) of Directive 91/414/EEC, shall be as short as possible and shall expire not later than 4 October 2009.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 4 April 2008. | [
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COMMISSION DECISION of 28 July 1995 on the adoption of the Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in Finland (Objective 5a outside Objective 6 regions - the period 1995-1999) (Only the Finnish text is authentic) (95/333/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), hereinafter referred to as 'the sector`, and in particular Article 4 (2) thereof,
Whereas the Government of the Republic of Finland submitted to the Commission on 24 March 1995 the single programming document referred to in Article 3 (1) of Regulation (EC) No 3699/93;
Whereas the single programming document includes amongst others a description of the priorities selected and the applications for assistance from the Financial Instrument for Fisheries Guidance (FIFG), as well as an indication of the planned use of the assistance available from the European Investment Bank (EIB) and the other financial instruments in implementing the Community programme;
Whereas certain areas of Finland are eligible for structural assistance under Objective 6 as defined in Protocol 6 on the special procedures concerning Objective 6 in the framework of the Structural Funds in Finland and Sweden (2), this new priority objective which is in addition to the other five objectives under the Structural Funds and implemented under Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as amended by Regulation (EC) No 3193/94 (4); whereas structural assistance for measures in these areas will be covered by a general programme for Objective 6;
Whereas a separate decision on the Community programme for structural measures has to be taken for those regions of Finland that are not covered by Objective 6;
Whereas, in accordance with Article 3 of Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (5), as amended by Regulation (EC) No 3193/94, the Commission is responsible for ensuring, within the framework of the partnership, coordination and consistency between assistance from the funds and assistance provided by the EIB and the other financial instruments, including the assistance of the ECSC and the other actions for structural purposes;
Whereas the EIB has been involved in the drawing up of the Community programme in accordance with the provisions of Article 8 (1) of Regulation (EEC) No 4253/88, applicable by analogy in the establishment of the single programming document; whereas the EIB has declared itself prepared to contribute to the implementation of this document on the basis of the forecast loan packages shown in this decision and in conformity with its statutory provisions;
Whereas the second paragraph of Article 2 of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (6), as last amended by Regulation (EC) No 2745/94 (7), stipulates that in the Commission decisions approving a single programming document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at current prices for the year in which each decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex III to Regulation (EEC) No 2052/88 in the version modified according to the Act of Accession (8); whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives;
Whereas Article 1 of Council Regulation (EEC) No 2080/93 of 20 July 1993 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the financial instrument for fisheries guidance (1), defines the measures for which the FIFG may provide financial support; whereas Regulation (EC) No 3699/93 defines the criteria and arrangements regarding Community structural assistance in the sector;
Whereas the Community programme has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas the Community programme satisfies the conditions and includes the information required by Article 14 of Regulation (EEC) No 4253/88; whereas the aid application satisfies the conditions required by Article 33 (2) of Regulation (EEC) No 4253/88;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (2), as last amended by Regulation (Euratom, ECSC, EC) No 2730/94 (3), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas all the other conditions laid down for the grant of aid from the FIFG have been complied with;
Whereas the measures contained in this Decision are consistent with the opinion of the Standing Management Committee of Fisheries Structures,
HAS ADOPTED THIS DECISION:
Article 1
The Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in Finland under Objective 5a, excluding Objective 6 areas, covering the period 1 January 1995 to 31 December 1999, is hereby approved.
Article 2
The Community programme includes the following essential information:
(a) a statement of the main priorities for joint action, their specific quantified objectives, an appraisal of their expected impact and their consistency with economic, social and regional policies in Finland;
The main priorities are:
- adjustment of fishing effort;
- renewal and modernization of the fishing fleet;
- aquaculture,
- enclosed seawater areas;
- fishing port facilities;
- product processing and marketing,
- product promotion,
- studies, technical assistance and other services provided;
(b) the assistance from the FIFG as referred to in Articles 3 and 4;
(c) the detailed provisions for implementing the single programming document comprising:
- the procedures for monitoring and evaluation,
- the financial implementation provisions,
- the rules for compliance with community policies;
(d) the procedures for verifying additionality and an initial evalutaion of the latter.
Article 3
The assistance from the FIFG granted to this Community programme amounts to a maximum of ECU 23 million at 1995 prices.
The expenditure actually incurred is eligible for assistance under FIFG from 1 January 1995.
The procedure for granting this financial assistance, including the financial contribution from the FIFG to the various priorities and measures which this present Community programme comprises, is set out in the financing plan.
The national financial contribution as indicated in the financing plan may be met in part by Community loans from the European Investment Bank and other types of loan.
Article 4
For the purpose of indexation, the annual breakdown of the maximum overall allocation provided as assistance from the FIFG is as follows:
TABLE
Article 5
The budgetary commitment for the first instalment under FIFG amounts to ECU 4,14 million.
Commitment of subsequent instalments will be based on the financing plan for the single programming document and progress in its implementation.
Article 6
The procedures for the grant of the assistance may be amended subsequently, subject to the availability of funds and the budgetary rules, in the light of adjustments decided on in accordance with the procedure laid down in Article 25 (5) of Regulation (EEC) No 4253/88.
Article 7
The Community aid concerns expenditure on actions under the present Community programme which, in the Member State concerned, is the subject of legally binding commitments and for which the requisite finance has been specifically allocated not later than 31 December 1999. The final date for taking account of expenditure on these measures is 31 December 2001.
Article 8
The single programming document shall be implemented in accordance with Community law, and in particular Articles 6, 30, 48, 52 and 59 of the Treaty and the Community directives on the coordination of procedures for the award of contracts.
Article 9
This Decision is addressed to the Republic of Finland.
Done at Brussels, 28 July 1995. | [
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Commission Decision
of 23 May 2000
terminating the anti-dumping proceeding concerning imports of compact disc boxes originating in the People's Republic of China and releasing the amounts secured by way of the provisional duties imposed
(notified under document number C(2000) 1366)
(2000/349/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Article 9 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Initiation and provisional measures
(1) The present proceeding was initiated on 5 March 1999(3), following a complaint lodged by the European Plastics Converters (hereinafter referred to as "EuPC") on behalf of Community producers representing a major proportion of the total Community production of compact disc boxes pursuant to Articles 4(1) and 5(4) of Regulation (EC) No 384/96 (hereinafter referred to as the "basic Regulation").
(2) Provisional anti-dumping measures were imposed in the present proceeding on 4 December 1999 by Regulation (EC) No 2563/1999(4) (hereinafter referred to as the "provisional Regulation").
2. Subsequent procedure
(3) Following the imposition of the provisional measures, certain exporting producers, importers and Community users of the product concerned submitted comments in writing. Those parties which so requested were granted an opportunity to be heard.
B. WITHDRAWAL OF THE COMPLAINT, TERMINATION OF THE PROCEEDING AND RELEASE OF THE AMOUNTS SECURED BY WAY OF THE PROVISIONAL DUTIES IMPOSED
(4) By a letter of 7 April 2000 to the Commission, the EuPC formally withdrew its complaint.
(5) In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.
(6) The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would be against the interest of the Community. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received to indicate that such termination would be incompatible with the interest of the Community.
(7) The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of compact disc boxes originating in the People's Republic of China should be terminated without the imposition of anti-dumping measures.
(8) Any duties provisionally secured on the basis of the provisional Regulation for the product under consideration should be released,
HAS DECIDED AS FOLLOWS:
Article 1
The anti-dumping proceeding concerning imports of compact disc boxes, including those for DVDs and similar products, of plastics, currently classifiable within CN code ex 3923 10 00 (TARIC code 3923 10 00 10) and originating in the People's Republic of China, is hereby terminated.
Article 2
The amounts provisionally secured by Regulation (EC) No 2563/1999 with respect to imports of compact disc boxes as defined at Article 1 of that Regulation originating in the People's Republic of China shall be released.
Done at Brussels, 23 May 2000. | [
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Council Decision 2003/222/CFSP
of 21 March 2003
concerning the conclusion of the Agreement between the European Union and the Former Yugoslav Republic of Macedonia on the status of the European Union-led Forces (EUF) in the Former Yugoslav Republic of Macedonia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 24 thereof,
Having regard to the recommendation from the Presidency,
Whereas:
(1) On 27 January 2003, the Council adopted Joint Action 2003/92/CFSP on the European Union military operation in the Former Yugoslav Republic of Macedonia (FYROM)(1).
(2) Article 12 of that Joint Action provides that the status of the EU-led forces in FYROM shall be the subject of an agreement with the Government of the Former Yugoslav Republic of Macedonia to be concluded on the basis of Article 24 of the Treaty on European Union.
(3) Following the Council Decision of 27 February 2003 authorising the Presidency to open negotiations, the Presidency negotiated an agreement with FYROM on the status of the EU-led forces in FYROM.
(4) The Agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Union and the Former Yugoslav Republic of Macedonia (FYROM) on the status of the European Union-led forces in FYROM is hereby approved on behalf of the European Union.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
Article 3
The Decision shall be published in the Official Journal of the European Union.
Article 4
The Decision shall take effect on the day of its adoption.
Done at Brussels, 21 March 2003. | [
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COMMISSION DECISION
of 20 July 1999
amending Decision 95/125/EC on the status of France as regards infectious hematopoietic necrosis and viral haemorrhagic septicaemia
(notified under document number C(1999) 2156)
(Text with EEA relevance)
(1999/550/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), as last amended by Directive 98/45/EC(2), and in particular Article 5(2) thereof,
(1) Whereas the Member States may obtain for one or more regions the status of approved zones free of infectious hematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS);
(2) Whereas the list of approved zones in France was established by Commission Decision 95/125/EC(3), as last amended by Decision 95/481/EC(4);
(3) Whereas France has submitted to the Commission suitable justifications for obtaining for other zones the status of zones approved in respect of IHN and VHS, as well as the national provisions ensuring compliance with the rules on maintenance of approval;
(4) Whereas the Commission and the Member States have examined the justifications submitted by France for those zones;
(5) Whereas that examination has shown that the zones concerned meet the requirements of Article 5 of Directive 91/67/EEC;
(6) Whereas, when the approval concerns only part of a catchment area, additional checks are carried out in a buffer zone neighbouring the part of the catchment area covered by the approval;
(7) Whereas, therefore, such zones may be eligible for the status of approved zones with regard to IHN and VHS,
(8) Whereas those zones should be added to the list of approved zones;
(9) 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 95/125/EC is replaced by the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 20 July 1999. | [
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COMMISSION REGULATION (EC) No 1781/2005
of 27 October 2005
establishing a prohibition of fishing for herring in ICES zones I, II by vessels flying the flag of Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.
(3)
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2005 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 October 2005. | [
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COMMISSION DECISION of 28 February 1997 establishing groups of third countries which are able to utilize the veterinary certification for imports of wild game meat, farmed game meat and rabbit meat from third countries (Text with EEA relevance) (97/217/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultrymeat (1) as amended by Directive 93/121/EEC (2), and in particular Articles 9, 11 and 14 thereof,
Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A Chapter I to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (3), as last amended by Directive 96/90/EC (4), and in particular Article 10 (2) thereof,
Having regard to Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat (5), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 16 (3) thereof,
Whereas following Annex I Chapter 11 of Directive 92/118/EEC, furred farmed game meat and feathered farmed game meat can be imported only if they come from third countries included on the lists of countries from which fresh meat of the corresponding species may be imported pursuant to Council Directive 72/462/EEC (6) and Council Directive 91/494/EEC respectively;
Whereas Commission Decision 94/86/EC (7) as amended by Decision 96/137/EC (8) lays down the third countries list from which Member States are authorized to import wild game meat;
Whereas Commission Decision 94/278/EC (9) as last amended by Decision 96/344/EC (10) lays down the list of third countries from which Member States authorize the import of rabbit meat;
Whereas Commission Decision 97/219/EC (11) lays down animal and public health conditions and veterinary certification for imports of farmed game meat and rabbit meat from third countries;
Whereas Commission Decision 97/218/EC (12) lays down animal and public health conditions and veterinary certification for imports of wild game meat (excluding meat of wild swine) from third countries;
Whereas Commission Decision 97/220/EC (13) lays down animal and public health conditions and veterinary certification of meat of wild swine from third countries;
Whereas information was received from the third countries concerned and inspections have been carried out by the Commission services in the third countries; whereas it is now possible to lay down groups of third countries, or parts thereof, which can comply with the Community criteria as laid down in the different categories of certification;
Whereas the group for wild soliped meat includes only those third countries which have zebras on their territory;
Whereas according to their disease situation some third countries concerned cannot comply with the certification requirements for farmed game meat and game meat of ungulates and meat of farmed game birds and game birds; whereas these countries have not been included in the relevant groupings and imports cannot be authorized for the time being;
Whereas it is necessary to foresee the same date of application of this decision as for Decision 97/218/EC, Decision 97/219/EC, and Decision 97/220/EC;
Whereas it is necessary to review this Decision in the light of the results of checks on consignments of products referred to above, imported into the Community and of the results of Commission inspection missions;
Whereas the measures provided for in this decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this decision 'farmed game birds` means quail, pigeons, pheasants, partridges and any other game birds. It excludes fowl, turkeys, guinea fowl, ducks, geese and ratites.
Article 2
Member States shall authorize imports of:
(a) meat of farmed 'cloven-hoofed game`, excluding farmed 'wild swine`, conforming to the requirements laid down in the model certificate in:
- Annex A to Decision 97/219/EC provided that the meat comes from third countries or parts of third countries listed in column A of the Annex to this Decision,
- Annex B to Decision 97/219/EC provided that the meat comes from third countries or parts of third countries listed in column B of the Annex to this Decision;
(b) meat of farmed 'wild swine` conforming to the requirements laid down in the model certificate in Annex C to Decision 97/219/EC provided that the meat comes from third countries or parts of third countries listed in column C or D of the Annex to this Decision;
(c) meat of farmed rabbits conforming to the requirements laid down in the model certificate in Annex D to Decision 97/219/EC provided that the meat comes from third countries or parts of third countries listed in column E of the Annex to this Decision;
(d) meat of farmed 'game birds` conforming to the requirements laid down in the model certificate in:
- Annex E to Decision 97/219/EC provided that the meat comes from third countries or parts of third countries listed in column F of the Annex to this Decision,
- Annex F to Decision 97/219/EC provided that if the meat comes from third countries or parts of third countries listed in column G of the Annex to this Decision.
Article 3
Member States shall authorize imports of:
(a) meat, excluding offals, of wild cloven-hoofed animals conforming to the requirements laid down in the model certificate in:
- Annex A to Decision 97/218/EC provided that the meat comes from third countries or parts of third countries listed in column A of the Annex to this Decision,
- Annex B to Decision 97/218/EC provided that the meat comes form third countries or parts of third countries listed in column B of the Annex to this Decision;
(b) wild soliped meat, excluding offal, conforming to the requirements laid down in the model certificate in Annex C to Decision 97/218/EC provided that the meat comes from third countries or parts of third countries listed in column H of the Annex to this Decision;
(c) wild leporidae (rabbit and hare) meat conforming to the requirements laid down in the model certificate in Annex D to Decision 97/218/EC provided that the meat comes from third countries or parts of third countries listed in column E of the Annex to this Decision;
(d) the meat of wild game birds conforming to the requirements laid down in the model certificate in Annex E to Decision 97/218/EC provided that the meat comes from third countries or parts of third countries listed in column F of the Annex to this Decision;
(e) the meat, excluding offal, of wild land-mammals (excluding wild ungulates and leporidae) conforming to the requirements laid down in the model certificate in Annex F to Decision 97/218/EC provided that the meat comes from third countries or parts of third countries listed in column I of the Annex to this Decision.
Article 4
Member States shall authorize imports of meat, excluding offals, of wild swine conforming to the requirements laid down in the model certificate in
- Annex A to Decision 97/220/EC provided that the meat comes from third countries listed in column C of the Annex to this Decision,
- Annex B to Decision 97/220/EC provided that the meat comes from third countries listed in column D of the Annex to this Decision.
Article 5
This Decision will be reviewed before 1 January 1998.
Article 6
This Decision shall apply from 1 March 1997.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 28 February 1997. | [
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COUNCIL REGULATION (EEC) No 1489/76 of 22 June 1976 amending Regulation (EEC) No 766/68 as regards the granting of export refunds on sugars imported into the Community under preferential systems
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3330/74 of 19 December 1974 on the common organization of the market in sugar (1), as last amended by Regulation (EEC) No 1487/76 (2), and in particular Article 19 (2) and (3) thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 3330/74 lays down special arrangements to ensure the application of the preferential systems referred to in Title V thereof;
Whereas the provisions of Article 19 of Regulation (EEC) No 3330/74 on the system of refunds are therefore applicable to the said preferential sugar;
Whereas Article 15 of Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting export refunds on sugar (3), as last amended by Regulation (EEC) No 1102/75 (4), lays down firstly that no export refund shall be granted for the products listed in Article 1 (1) (a) and (c) of Regulation (EEC) No 3330/74, unless they have been produced from sugar beet or sugar cane harvested within the Community, and secondly that no export refund shall be granted for the products listed in the said Article 1 (1) (d) which are not of Community origin;
Whereas under paragraph 4 of Protocol 17 to the Act of Accession (5) and notwithstanding Article 15 (1) of Regulation (EEC) No 766/68, the export refund applicable in the United Kingdom may be granted for white sugar produced from raw sugar imported under the terms of the Protocol;
Whereas preferential import systems applying to sugar combined with an undertaking to purchase and import were subsequently introduced by Protocol 3 on sugar annexed to the ACP-EEC Convention of Lomé (6), by Council Decision 75/614/EEC of 25 February 1975 concerning the importation of cane sugar originating in the overseas countries and territories (OCT) (7), and by the Agreement between the EEC and the Republic of India on cane sugar (8) ; whereas the implementation of these preferential systems and in particular of the undertakings referred to calls for an extension of the system of export refunds to sugars imported under preferential systems,
HAS ADOPTED THIS REGULATION:
Article 1
Article 15 of Regulation (EEC) No 766/68 shall be replaced by the following:
"Article 15
1. No export refund shall be granted on the products listed in Article 1 (1) (a) of Regulation (EEC) No 3330/74 unless they have been: (a) produced from sugar beet or sugar cane harvested within the Community;
(b) imported into the Community by virtue: - of Protocol 3 on sugar annexed to the ACP-EEC Convention of Lomé,
- of Decision 75/614/EEC,
- of the Agreement between the EEC and the Republic of India on cane sugar;
(c) produced from one of the products imported by virtue of the provisions referred to under (b).
2. No export refund shall be granted for the products listed in Article 1 (1) (c) and (d) of (1)OJ No L 359, 31.12.1974, p. 1. (2)See page 9 of this Official Journal. (3)OJ No L 143, 25.6.1968, p. 6. (4)OJ No L 110, 30.4.1975, p. 1. (5)OJ No L 73, 27.3.1972, p. 14. (6)OJ No L 25, 30.1.1976, p. 1. (7)OJ No L 268, 17.10.1975, p. 43. (8)OJ No L 190, 23.7.1975, p. 36. Regulation (EEC) No 3330/74 which are not of Community origin or have not been produced from sugars imported into the Community by virtue of the provisions referred to in paragraph 1 (b) or from products specified in paragraph 1 (c)."
Article 2
This Regulation shall enter into force on 1 July 1976.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 22 June 1976. | [
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COMMISSION REGULATION (EEC) No 1685/92 of 29 June 1992 amending Regulation (EEC) No 1319/92 establishing a system for the surveillance 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 on imports into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the Yugoslav Republic of Macedonia (1), as last amended by Regulation (EEC) No 1433/92 (2), and in particular Article 10 thereof,
Whereas the Yugoslav Republic of Montenegro has been withdrawn from the list of beneficiaries under Regulation (EEC) No 545/92; whereas Regulation (EEC) No 1319/92 (3) should therefore be amended accordingly;
Whereas since the present war situation is making transport to the Community of products originating in the benefiting Republics difficult the period of validity of import licences should, for the 1992 season, be increased from eight to 30 days; whereas for reasons of fairness the benefit of this provision must be extended to licences issued before the date of entry into force of this Regulation that are still valid on that date,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1319/92 is amended as follows:
1. in the title and in Article 1 (1) the words 'Republics of Macedonia and Montenegro' are replaced by 'Republic of Macedonia';
2. Article 2 (4) Section 1 is replaced by the following:
'Import licences shall be valid for eight days from the date of actual issue.
For the 1992 season, however, this period shall be extended to 30 days. At the request of the interested party Member States shall also increase to a total of 30 days the period of validity of licences issued before 30 June 1992 and still valid on that date.'
Article 2
This Regulation shall enter into force on 30 June 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 1992. | [
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Commission Regulation (EEC) No 1740/78
of 25 July 1978
amending Regulation (EEC) No 1579/74 on the procedure for calculating the import levy on products processed from cereals and from rice and for the advance fixing of this levy for these products and for compound feedingstuffs manufactured from 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 1254/78 (2), and in particular Article 24 thereof,
Whereas in view of the need to have available more up to date information on imports of certain products, it is necessary to provide for more frequent returns by Member States; whereas Regulation (EEC) No 1579/74 of 24 June 1974 (3) should therefore be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 5 of Regulation (EEC) No 1579/74, the following paragraph is hereby added:
‘However, in respect of products falling under subheadings 07.06 A, 23.02 A I and 23.02 A II of the Common Customs Tariff, these particulars shall be communicated to the Commission daily.’
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, 25 July 1978. | [
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*****
COMMISSION REGULATION (EEC) No 1886/83
of 11 July 1983
amending Regulation (EEC) No 1354/83 laying down general rules for the mobilization and supply of skimmed-milk powder, butter and butteroil as food aid
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1600/83 (2), and in particular Articles 6 (7) and 7 (5) thereof,
Whereas, under the food-aid programmes adopted by Council Regulations (EEC) No 1399/81, (EEC) No 1400/81, (EEC) No 1401/81 and (EEC) No 1402/81 (3), (EEC) No 1037/82, (EEC) No 1038/82, (EEC) No 1039/82 and (EEC) No 1040/82 (4), the official letters between the Commission and the recipients of the aid specify the conditions for the delivery of the aid;
Whereas, for certain recipients, the conditions of delivery set out in the official letters have been defined on the basis of Commission Regulation (EEC) No 303/77 of 14 February 1977 laying down general rules for the supply of skimmed-milk powder and butteroil as food aid (5); whereas Commission Regulation (EEC) No 1354/83 (6), amended with effect from 1 July 1983 the provisions concerning the conditions of delivery of the aid; whereas, in order to enable effect to be given to commitments made on the basis of Regulation (EEC) No 303/77, the date of application of the new provisions should be postponed by one month;
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
In Article 31 of Regulation (EEC) No 1354/83, '1 July 1983' is hereby replaced by '1 August 1983'.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1983.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 July 1983. | [
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COMMISSION REGULATION (EC) No 1389/2004
of 30 July 2004
amending, as regards production potential, Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine
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 80(b) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1227/2000 (2) postponed to 31 July 2004 the time limit laid down in the first subparagraph of Article 2(3) of Regulation (EC) No 1493/1999 for derogating from Article 2(2). In order to resolve the latest practical difficulties, that time limit should be postponed once again. Applying the various provisions regarding the grant of the derogation imposes a serious and complex administrative burden, particularly as regards checks and penalties. In the interests of sound administration, the date in question should therefore be postponed definitively to 31 July 2005.
(2)
Regulation (EC) No 1227/2000 should therefore be amended accordingly.
(3)
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
Article 2(1a) of Regulation (EC) No 1227/2000 is hereby replaced by the following:
‘1a. The deadline laid down in Article 2(3) of Regulation (EC) No 1493/1999 shall be postponed to 31 July 2005.’
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 August 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2004. | [
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COMMISSION REGULATION (EC) No 1564/1999
of 16 July 1999
fixing the minimum import prices applicable to dried grapes during the 1999/2000 marketing year as well as the countervailing charges to be imposed where that price is not observed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products(1), as amended by Regulation (EC) No 2199/97(2), and in particular Article 13(8) thereof,
(1) Whereas, in accordance with Article 13(1) of Regulation (EC) No 2201/96, the minimum import price for dried grapes is to be determined having regard to:
- the free-at-frontier price on import into the Community,
- the prices obtained in international trade,
- the situation on the internal Community market,
- the trend of trade with third countries;
(2) Whereas Article 13(6) of the same Regulation provides that countervailing charges are to be fixed in reference to a scale of import prices; whereas the maximum countervailing charge is to be determined on the basis of the most favourable prices applied on the world market for significant quantities by the most representative non-member countries;
(3) Whereas a minimum import price must be fixed for currants and other dried grapes;
(4) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. The minimum import price applicable to dried grapes during the 1999/2000 marketing year, which begins on 1 September 1999 and ends on 31 August 2000, shall be as set out in Annex I.
2. The countervailing charge to be imposed where the minimum import price referred to in paragraph 1 is not observed shall be as set out in Annex II.
Article 2
This Regulation shall enter into force on 1 September 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 1999. | [
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COMMISSION DECISION
of 9 November 2006
fixing for the marketing year 2006/2007 the amounts of the aid for diversification, the additional aid for diversification and the transitional aid, to be granted under the temporary scheme for the restructuring of the sugar industry of the Community
(notified under document number C(2006) 5306)
(Only the Spanish, German, English, Italian, Portuguese and Swedish texts are authentic)
(2006/760/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (1),
Having regard to Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (2), and in particular Article 13(1) thereof,
Whereas:
(1)
By 31 October 2006, the Commission has to fix the amounts attributed to each Member State concerned for the aid for diversification provided for in Article 6 of Regulation (EC) No 320/2006, the additional aid for diversification provided for in Article 7 of that Regulation and the transitional aid to certain Member States as provided for in Article 9 of that Regulation.
(2)
The amounts of the aid for diversification and additional aid for diversification are calculated on the basis of the tonnes of sugar quota renounced in the 2006/2007 marketing year in the Member State concerned, as provided for in Article 13(2) of Regulation (EC) No 968/2006.
(3)
The full amounts of transitional aid to Austria and Sweden should be made available to those Member States as from the 2006/2007 marketing year,
HAS ADOPTED THIS DECISION:
Article 1
The amounts per Member State concerned of the aid for diversification and the additional aid for diversification provided for in Articles 6 and 7 of Regulation (EC) No 320/2006 respectively, as fixed in respect of the quotas renounced in the 2006/2007 marketing year, are set out in the Annex to this Decision.
The amount of the transitional aid to Austria and Sweden provided for in Article 9 of Regulation (EC) No 320/2006 are set out in the Annex to this Decision.
Article 2
This Decision is addressed to the Kingdom of Spain, Ireland, the Italian Republic, the Republic of Austria, the Portuguese Republic and the Kingdom of Sweden.
Done at Brussels, 9 November 2006. | [
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Regulation (EC) No 1840/2002 of the European Parliament and of the Council
of 30 September 2002
on the prolongation of the ECSC steel statistics system after the expiry of the ECSC Treaty
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 285(1) 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) It is necessary to have statistics on the steel industry in order to implement Community policies on the steel industry.
(2) The European Coal and Steel Community (ECSC) Treaty expires on 23 July 2002.
(3) Community steel statistics are collected within the ECSC statistics system until the expiry of the ECSC Treaty.
(4) Users of steel statistics need continuous series for the second half of the year 2002.
(5) Declaration 24 annexed to the Final Act of 26 February 2001 of the Conference of the Representatives of the Governments of the Member States has invited the Council to ensure, under Article 2 of the Protocol on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, the prolongation of the ECSC statistics system after the expiry of the ECSC Treaty until 31 December 2002.
(6) The Statistical Programme Committee (SPC), set up by Decision 89/382/EEC, Euratom(2) has been consulted in accordance with Article 3 of the aforesaid Decision,
HAVE ADOPTED THIS REGULATION:
Article 1
The aim of this Regulation is to ensure the prolongation of the ECSC statistics system after the expiry of the ECSC Treaty and until 31 December 2002.
Article 2
Undertakings engaged in the production of iron and steel in the steel sector, as defined in the ECSC Treaty, shall be required, with effect from 24 July 2002, to keep supplying the Commission, for the reference year 2002, with the statistics (questionnaires) drawn up by the decisions and recommendation listed in the Annex to this Regulation.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall apply from 24 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 September 2002. | [
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Commission Regulation (EC) No 1071/2001
of 31 May 2001
concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 1701/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 602/2001(4), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of common wheat to all third countries, with the exclusion of Poland and of certain ACP States, was opened pursuant to Commission Regulation (EC) No 1701/2000(5), as last amended by Regulation (EC) No 945/2001(6).
(2) Article 7 of Regulation (EC) No 1501/95 allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 25 to 31 May 2001 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 1701/2000.
Article 2
This Regulation shall enter into force on 1 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 May 2001. | [
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COUNCIL REGULATION (EC) No 1885/94 of 27 July 1994 fixing the guide price for adult bovine animals for the 1994/95 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
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), and in particular Article 3 (3) thereof,
Having regard to the proposal from the Commission (2),
Whereas, when the guide price for adult bovine animals is fixed, account should be taken of the objectives of the common agricultural policy; whereas the common agricultural policy aims inter alia at guaranteeing a fair standard of living for the farming community, at ensuring that suupplies are available and that they reach consumers at reasonable prices;
Whereas the guide price must be fixed in accordance with the criteria laid down in Article 3 (2) of Regulation (EEC) No 805/68,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1994/95 marketing year, the guide price for adult bovine animals shall be, from 1 August 1994, ECU 197,42 for 100 kg live weight.
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 August 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1994. | [
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*****
COMMISSION REGULATION (EEC) No 657/85
of 13 March 1985
on arrangements for imports into France and the United Kingdom of shirts (category 8) originating in Bangladesh
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3589/82 of 23 December 1982 on common rules for imports of certain textile products originating in third countries (1), and in particular Article 11 thereof,
Whereas Article 11 of Regulation (EEC) No 3589/82 lays down the conditions under which quantitative limits may be established; whereas imports into France and the United Kingdom of shirts (category 8) originating in Bangladesh have exceeded the level referred to in paragraph 3 of the said Article;
Whereas, in accordance with paragraph 5 of the said Article 11 of Regulation (EEC) No 3589/82, Bangladesh was notified on 17 December 1984 of a request for consultations;
Whereas, pending a mutually satisfactory solution, imports of products of category 8 from Bangladesh into France and the United Kingdom were submitted to a provisional quantitative restriction for the period 17 December 1984 to 16 March 1985 by Commission Regulation (EEC) No 3670/84 (2);
Whereas the consultations opened with Bangladesh did not lead to a definitive conclusion in regard to the problems involved;
Whereas, in these circumstances, it is appropriate to make imports of products of category 8 from Bangladesh into France and the United Kingdom subject to quantitative limits for the period 17 December 1984 to 31 July 1985; whereas a decision on limits for the rest of 1985 and for 1986 will be taken later having regard to the final outcome of the consultations;
Whereas paragraph 13 of the said Article 11 provides for compliance with the quantitative limits to be ensured by means of a double-checking system in accordance with Annex VI to Regulation (EEC) No 3589/82;
Whereas the products in question exported from Bangladesh into France and the United Kingdom between 17 December 1984 and the date of entry into force of this Regulation must be set off against the quantitative limits laid down in the Annex;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textiles Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to the provisions of Article 2, imports into France and the United Kingdom of the category of products originating in Bangladesh specified in the Annex hereto shall be subject to the quantitative limits set out in that Annex.
Article 2
1. Products as referred to in Article 1, shipped from Bangladesh to France and the United Kingdom before the date of entry into force of Regulation (EEC) No 3670/84 and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other transport document proving that shipment actually took place before that date.
2. Imports of products shipped from Bangladesh to France and the United Kingdom from the date of entry into force of Regulation (EEC) No 3670/84 shall remain subject to the double-checking system described in Annex VI to Regulation (EEC) No 3589/82.
3. In applying the provisions of paragraph 2, all quantities of products shipped from Bangladesh to France and the United Kingdom from 17 December 1984 and released for free circulation shall be deducted from the quantitative limits laid down in the Annex. These quantitative limits shall not, however, prevent the importation of products covered by it, but shipped from Bangladesh before the entry into force of Regulation (EEC) No 3670/84.
Article 3
This Regulation shall enter into force on the second day following its publication in the Official Journal of the European Communities.
It shall apply until 31 July 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 1985. | [
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REGULATION (EC) No 1367/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 September 2006
on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) 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, in the light of the joint text approved by the Conciliation Committee on 22 June 2006 (2),
Whereas:
(1)
Community legislation in the field of the environment aims to contribute inter alia to preserving, protecting and improving the quality of the environment and protecting human health, thereby promoting sustainable development.
(2)
The Sixth Community Environment Action Programme (3) stresses the importance of providing adequate environmental information and effective opportunities for public participation in environmental decision-making, thereby increasing accountability and transparency of decision-making and contributing to public awareness and support for the decisions taken. It furthermore encourages, as did its predecessors (4), more effective implementation and application of Community legislation on environmental protection, including the enforcement of Community rules and the taking of action against breaches of Community environmental legislation.
(3)
On 25 June 1998 the Community signed the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (hereinafter the Aarhus Convention). The Community approved the Aarhus Convention on 17 February 2005 (5). Provisions of Community law should be consistent with that Convention.
(4)
The Community has already adopted a body of legislation, which is evolving and contributes to the achievement of the objectives of the Aarhus Convention. Provision should be made to apply the requirements of the Convention to Community institutions and bodies.
(5)
It is appropriate to deal with the three pillars of the Aarhus Convention, namely access to information, public participation in decision-making and access to justice in environmental matters, in one piece of legislation and to lay down common provisions regarding objectives and definitions. This contributes to rationalising legislation and increasing the transparency of the implementation measures taken with regard to Community institutions and bodies.
(6)
As a general principle, the rights guaranteed by the three pillars of the Aarhus Convention are without discrimination as to citizenship, nationality or domicile.
(7)
The Aarhus Convention defines public authorities in a broad way, the basic concept being that wherever public authority is exercised, there should be rights for individuals and their organisations. It is therefore necessary that the Community institutions and bodies covered by this Regulation be defined in the same broad and functional way. Under the Aarhus Convention, Community institutions and bodies can be excluded from the scope of application of the Convention when acting in a judicial or legislative capacity. However, for reasons of consistency with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (6), the provisions on access to environmental information should apply to Community institutions and bodies acting in a legislative capacity.
(8)
The definition of environmental information in this Regulation encompasses information in any form on the state of the environment. This definition, which has been aligned to the definition adopted for Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (7), has the same content as the one laid down in the Aarhus Convention. The definition of ‘document’ in Regulation (EC) No 1049/2001 encompasses environmental information as defined in this Regulation.
(9)
It is appropriate for this Regulation to provide for a definition of plans and programmes taking into account the provisions of the Aarhus Convention, in parallel with the approach followed in relation to the Member States' obligations under existing EC law. ‘Plans and programmes relating to the environment’ should be defined in relation to their contribution to the achievement, or to their likely significant effect on the achievement, of the objectives and priorities of Community environmental policy. For the ten-year period starting from 22 July 2002, the Sixth Community Environment Action Programme establishes the objectives of Community environmental policy and the actions planned to attain these objectives. At the end of this period, a subsequent environmental action programme should be adopted.
(10)
In view of the fact that environmental law is constantly evolving, the definition of environmental law should refer to the objectives of Community policy on the environment as set out in the Treaty.
(11)
Administrative acts of individual scope should be open to possible internal review where they have legally binding and external effects. Similarly, omissions should be covered where there is an obligation to adopt an administrative act under environmental law. Given that acts adopted by a Community institution or body acting in a judicial or legislative capacity can be excluded, the same should apply to other inquiry procedures where the Community institution or body acts as an administrative review body under provisions of the Treaty.
(12)
The Aarhus Convention calls for public access to environmental information either following a request or by active dissemination by the authorities covered by the Convention. Regulation (EC) No 1049/2001 applies to the European Parliament, the Council and the Commission, as well as to agencies and similar bodies set up by a Community legal act. It lays down rules for these institutions that comply to a great extent with the rules laid down in the Aarhus Convention. It is necessary to extend the application of Regulation (EC) No 1049/2001 to all other Community institutions and bodies.
(13)
Where the Aarhus Convention contains provisions that are not, in whole or in part, to be found also in Regulation (EC) No 1049/2001, it is necessary to address those, in particular with regard to the collection and dissemination of environmental information.
(14)
For the right of public access to environmental information to be effective, environmental information of good quality is essential. It is therefore appropriate to introduce rules that oblige Community institutions and bodies to ensure such quality.
(15)
Where Regulation (EC) No 1049/2001 provides for exceptions, these should apply subject to any more specific provisions in this Regulation concerning requests for environmental information. The grounds for refusal as regards access to environmental information should be interpreted in a restrictive way, taking into account the public interest served by disclosure and whether the information requested relates to emissions in the environment. The term ‘commercial interests’ covers confidentiality agreements concluded by institutions or bodies acting in a banking capacity.
(16)
Pursuant to Decision No 2119/98/EC of the European Parliament and the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (8), a network at Community level has already been set up to promote cooperation and coordination between the Member States, with the assistance of the Commission, with a view to improving the prevention and control in the Community of a number of communicable diseases. Decision No 1786/2002/EC of the European Parliament and of the Council (9) adopts a programme of Community action in the field of public health that complements national policies. Improving information and knowledge for the development of public health and enhancing the capability to respond rapidly and in a coordinated fashion to threats to health, both of which are elements of this programme, are objectives that are equally fully in line with the requirements of the Aarhus Convention. This Regulation should therefore apply without prejudice to Decision No 2119/98/EC and Decision No 1786/2002/EC.
(17)
The Aarhus Convention requires Parties to make provisions for the public to participate during the preparation of plans and programmes relating to the environment. Such provisions are to include reasonable timeframes for informing the public of the environmental decision-making in question. To be effective, public participation is to take place at an early stage, when all options are open. When laying down provisions on public participation, Community institutions and bodies, should identify the public which may participate. The Aarhus Convention also requires that, to the extent appropriate, Parties shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment.
(18)
Article 9(3) of the Aarhus Convention provides for access to judicial or other review procedures for challenging acts and omissions by private persons and public authorities which contravene provisions of law relating to the environment. Provisions on access to justice should be consistent with the Treaty. It is appropriate in this context that this Regulation address only acts and omissions by public authorities.
(19)
To ensure adequate and effective remedies, including those available before the Court of Justice of the European Communities under the relevant provisions of the Treaty, it is appropriate that the Community institution or body which issued the act to be challenged or which, in the case of an alleged administrative omission, omitted to act, be given the opportunity to reconsider its former decision, or, in the case of an omission, to act.
(20)
Non-governmental organisations active in the field of environmental protection which meet certain criteria, in particular in order to ensure that they are independent and accountable organisations that have demonstrated that their primary objective is to promote environmental protection, should be entitled to request internal review at Community level of acts adopted or of omissions under environmental law by a Community institution or body, with a view to their reconsideration by the institution or body in question.
(21)
Where previous requests for internal review have been unsuccessful, the non-governmental organisation concerned should be able to institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.
(22)
This Regulation respects the fundamental rights and observes the principles recognised by Article 6 of the Treaty on the European Union and reflected in the Charter of Fundamental Rights of the European Union, in particular Article 37 thereof,
HAVE ADOPTED THIS REGULATION:
TITLE I GENERAL PROVISIONS
Article 1
Objective
1. The objective of this Regulation is to contribute to the implementation of the obligations arising under the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, hereinafter referred to as ‘the Aarhus Convention’, by laying down rules to apply the provisions of the Convention to Community institutions and bodies, in particular by:
(a)
guaranteeing the right of public access to environmental information received or produced by Community institutions or bodies and held by them, and by setting out the basic terms and conditions of, and practical arrangements for, the exercise of that right;
(b)
ensuring that environmental information is progressively made available and disseminated to the public in order to achieve its widest possible systematic availability and dissemination. To that end, the use, in particular, of computer telecommunication and/or electronic technology, where available, shall be promoted;
(c)
providing for public participation concerning plans and programmes relating to the environment;
(d)
granting access to justice in environmental matters at Community level under the conditions laid down by this Regulation.
2. In applying the provisions of this Regulation, the Community institutions and bodies shall endeavour to assist and provide guidance to the public with regard to access to information, participation in decision-making and access to justice in environmental matters.
Article 2
Definitions
1. For the purpose of this Regulation:
(a)
‘applicant’ means any natural or legal person requesting environmental information;
(b)
‘the public’ means one or more natural or legal persons, and associations, organisations or groups of such persons;
(c)
‘Community institution or body’ means any public institution, body, office or agency established by, or on the basis of, the Treaty except when acting in a judicial or legislative capacity. However, the provisions under Title II shall apply to Community institutions or bodies acting in a legislative capacity;
(d)
‘environmental information’ means any information in written, visual, aural, electronic or any other material form on:
(i)
the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;
(ii)
factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in point (i);
(iii)
measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in points (i) and (ii) as well as measures or activities designed to protect those elements;
(iv)
reports on the implementation of environmental legislation;
(v)
cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in point (iii);
(vi)
the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures in as much as they are or may be affected by the state of the elements of the environment referred to in point (i) or, through those elements, by any of the matters referred to in points (ii) and (iii);
(e)
‘plans and programmes relating to the environment’ means plans and programmes,
(i)
which are subject to preparation and, as appropriate, adoption by a Community institution or body;
(ii)
which are required under legislative, regulatory or administrative provisions; and
(iii)
which contribute to, or are likely to have significant effects on, the achievement of the objectives of Community environmental policy, such as laid down in the Sixth Community Environment Action Programme, or in any subsequent general environmental action programme.
General environmental action programmes shall also be considered as plans and programmes relating to the environment.
This definition shall not include financial or budget plans and programmes, namely those laying down how particular projects or activities should be financed or those related to the proposed annual budgets, internal work programmes of a Community institution or body, or emergency plans and programmes designed for the sole purpose of civil protection;
(f)
‘environmental law’ means Community legislation which, irrespective of its legal basis, contributes to the pursuit of the objectives of Community policy on the environment as set out in the Treaty: preserving, protecting and improving the quality of the environment, protecting human health, the prudent and rational utilisation of natural resources, and promoting measures at international level to deal with regional or worldwide environmental problems;
(g)
‘administrative act’ means any measure of individual scope under environmental law, taken by a Community institution or body, and having legally binding and external effects;
(h)
‘administrative omission’ means any failure of a Community institution or body to adopt an administrative act as defined in (g).
2. Administrative acts and administrative omissions shall not include measures taken or omissions by a Community institution or body in its capacity as an administrative review body, such as under:
(a)
Articles 81, 82, 86 and 87 of the Treaty (competition rules);
(b)
Articles 226 and 228 of the Treaty (infringement proceedings);
(c)
Article 195 of the Treaty (Ombudsman proceedings);
(d)
Article 280 of the Treaty (OLAF proceedings).
TITLE II ACCESS TO ENVIRONMENTAL INFORMATION
Article 3
Application of Regulation (EC) No 1049/2001
Regulation (EC) No 1049/2001 shall apply to any request by an applicant for access to environmental information held by Community institutions and bodies without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without discrimination as to where it has its registered seat or an effective centre of its activities.
For the purposes of this Regulation, the word ‘institution’ in Regulation (EC) No 1049/2001 shall be read as ‘Community institution or body’.
Article 4
Collection and dissemination of environmental information
1. Community institutions and bodies shall organise the environmental information which is relevant to their functions and which is held by them, with a view to its active and systematic dissemination to the public, in particular by means of computer telecommunication and/or electronic technology in accordance with Articles 11(1) and (2), and 12 of Regulation (EC) No 1049/2001. They shall make this environmental information progressively available in electronic databases that are easily accessible to the public through public telecommunication networks. To that end, they shall place the environmental information that they hold on databases and equip these with search aids and other forms of software designed to assist the public in locating the information they require.
The information made available by means of computer telecommunication and/or electronic technology need not include information collected before the entry into force of this Regulation unless it is already available in electronic form. Community institutions and bodies shall as far as possible indicate where information collected before entry into force of this Regulation which is not available in electronic form is located.
Community institutions and bodies shall make all reasonable efforts to maintain environmental information held by them in forms or formats that are readily reproducible and accessible by computer telecommunications or by other electronic means.
2. The environmental information to be made available and disseminated shall be updated as appropriate. In addition to the documents listed in Article 12(2) and (3) and in Article 13(1) and (2) of Regulation (EC) No 1049/2001, the databases or registers shall include the following:
(a)
texts of international treaties, conventions or agreements, and of Community legislation on the environment or relating to it, and of policies, plans and programmes relating to the environment;
(b)
progress reports on the implementation of the items referred to under (a) where prepared or held in electronic form by Community institutions or bodies;
(c)
steps taken in proceedings for infringements of Community law from the stage of the reasoned opinion pursuant to Article 226(1) of the Treaty;
(d)
reports on the state of the environment as referred to in paragraph 4;
(e)
data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment;
(f)
authorisations with a significant impact on the environment, and environmental agreements, or a reference to the place where such information can be requested or accessed;
(g)
environmental impact studies and risk assessments concerning environmental elements, or a reference to the place where such information can be requested or accessed.
3. In appropriate cases, Community institutions and bodies may satisfy the requirements of paragraphs 1 and 2 by creating links to Internet sites where the information can be found.
4. The Commission shall ensure that, at regular intervals not exceeding four years, a report on the state of the environment, including information on the quality of, and pressures on, the environment is published and disseminated.
Article 5
Quality of the environmental information
1. Community institutions and bodies shall, insofar as is within their power, ensure that any information that is compiled by them, or on their behalf, is up-to-date, accurate and comparable.
2. Community institutions and bodies shall, upon request, inform the applicant of the place where information on the measurement procedures, including methods of analysis, sampling and pre-treatment of samples, used in compiling the information can be found, if it is available. Alternatively, they may refer them to the standardised procedure that was used.
Article 6
Application of exceptions concerning requests for access to environmental information
1. As regards Article 4(2), first and third indents, of Regulation (EC) No 1049/2001, with the exception of investigations, in particular those concerning possible infringements of Community law, an overriding public interest in disclosure shall be deemed to exist where the information requested relates to emissions into the environment. As regards the other exceptions set out in Article 4 of Regulation (EC) No 1049/2001, the grounds for refusal shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and whether the information requested relates to emissions into the environment.
2. In addition to the exceptions set out in Article 4 of Regulation (EC) No 1049/2001, Community institutions and bodies may refuse access to environmental information where disclosure of the information would adversely affect the protection of the environment to which the information relates, such as the breeding sites of rare species.
Article 7
Requests for access to environmental information which is not held by a Community institution or body
Where a Community institution or body receives a request for access to environmental information and where this information is not held by that Community institution or body, it shall, as promptly as possible, but within 15 working days at the latest, inform the applicant of the Community institution or body or the public authority within the meaning of Directive 2003/4/EC to which it believes it is possible to apply for the information requested or transfer the request to the relevant Community institution or body or the public authority and inform the applicant accordingly.
Article 8
Cooperation
In the event of an imminent threat to human health, life or the environment, whether caused by human activities or due to natural causes, Community institutions and bodies shall, upon request of public authorities within the meaning of Directive 2003/4/EC, collaborate with and assist those public authorities in order to enable the latter to disseminate immediately and without delay to the public that might be affected all environmental information which could enable it to take measures to prevent or mitigate harm arising from the threat, to the extent that this information is held by or on behalf of Community institutions and bodies and/or those public authorities.
The first subparagraph shall apply without prejudice to any specific obligation laid down by Community legislation, in particular by Decision No 2119/98/EC and by Decision No 1786/2002/EC.
TITLE III PUBLIC PARTICIPATION CONCERNING PLANS AND PROGRAMMES RELATING TO THE ENVIRONMENT
Article 9
1. Community institutions and bodies shall provide, through appropriate practical and/or other provisions, early and effective opportunities for the public to participate during the preparation, modification or review of plans or programmes relating to the environment when all options are still open. In particular, where the Commission prepares a proposal for such a plan or programme which is submitted to other Community institutions or bodies for decision, it shall provide for public participation at that preparatory stage.
2. Community institutions and bodies shall identify the public affected or likely to be affected by, or having an interest in, a plan or programme of the type referred to in paragraph 1, taking into account the objectives of this Regulation.
3. Community institutions and bodies shall ensure that the public referred to in paragraph 2 is informed, whether by public notices or other appropriate means, such as electronic media where available, of:
(a)
the draft proposal, where available;
(b)
the environmental information or assessment relevant to the plan or programme under preparation, where available; and
(c)
practical arrangements for participation, including:
(i)
the administrative entity from which the relevant information may be obtained,
(ii)
the administrative entity to which comments, opinions or questions may be submitted, and
(iii)
reasonable time-frames allowing sufficient time for the public to be informed and to prepare and participate effectively in the environmental decision-making process.
4. A time limit of at least eight weeks shall be set for receiving comments. Where meetings or hearings are organised, prior notice of at least four weeks shall be given. Time limits may be shortened in urgent cases or where the public has already had the opportunity to comment on the plan or programme in question.
5. In taking a decision on a plan or programme relating to the environment, Community institutions and bodies shall take due account of the outcome of the public participation. Community institutions and bodies shall inform the public of that plan or programme, including its text, and of the reasons and considerations upon which the decision is based, including information on public participation.
TITLE IV INTERNAL REVIEW AND ACCESS TO JUSTICE
Article 10
Request for internal review of administrative acts
1. Any non-governmental organisation which meets the criteria set out in Article 11 is entitled to make a request for internal review to the Community institution or body that has adopted an administrative act under environmental law or, in case of an alleged administrative omission, should have adopted such an act.
Such a request must be made in writing and within a time limit not exceeding six weeks after the administrative act was adopted, notified or published, whichever is the latest, or, in the case of an alleged omission, six weeks after the date when the administrative act was required. The request shall state the grounds for the review.
2. The Community institution or body referred to in paragraph 1 shall consider any such request, unless it is clearly unsubstantiated. The Community institution or body shall state its reasons in a written reply as soon as possible, but no later than 12 weeks after receipt of the request.
3. Where the Community institution or body is unable, despite exercising due diligence, to act in accordance with paragraph 2, it shall inform the non-governmental organisation which made the request as soon as possible and at the latest within the period mentioned in that paragraph, of the reasons for its failure to act and when it intends to do so.
In any event, the Community institution or body shall act within 18 weeks from receipt of the request.
Article 11
Criteria for entitlement at Community level
1. A non-governmental organisation shall be entitled to make a request for internal review in accordance with Article 10, provided that:
(a)
it is an independent non-profit-making legal person in accordance with a Member State's national law or practice;
(b)
it has the primary stated objective of promoting environmental protection in the context of environmental law;
(c)
it has existed for more than two years and is actively pursuing the objective referred to under (b);
(d)
the subject matter in respect of which the request for internal review is made is covered by its objective and activities.
2. The Commission shall adopt the provisions which are necessary to ensure transparent and consistent application of the criteria mentioned in paragraph 1.
Article 12
Proceedings before the Court of Justice
1. The non-governmental organisation which made the request for internal review pursuant to Article 10 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.
2. Where the Community institution or body fails to act in accordance with Article 10(2) or (3) the non-governmental organisation may institute proceedings before the Court of Justice in accordance with the relevant provisions of the Treaty.
TITLE V FINAL PROVISIONS
Article 13
Application measures
Where necessary, Community institutions and bodies shall adapt their rules of procedure to the provisions of this Regulation. These adaptations shall take effect from 28 June 2007.
Article 14
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 28 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 6 September 2006. | [
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COMMISSION REGULATION (EC) No 2081/2005
of 19 December 2005
opening and providing for the administration of a Community tariff quota for 2006 for manioc originating in Thailand
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (1), and in particular Article 1(1) thereof,
Whereas:
(1)
During the World Trade Organisation multilateral trade negotiations, the Community undertook to open a tariff quota restricted to 21 million tonnes of products falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 originating in Thailand per four-year period, with customs duty reduced to 6 %. This quota must be opened and administered by the Commission.
(2)
It is necessary to keep an administration system which ensures that only products originating in Thailand may be imported under the quota. The issue of an import licence should therefore continue to be subject to the presentation of an export certificate issued by the Thai authorities, a specimen of which has been notified to the Commission.
(3)
Since imports to the Community market of the products concerned have traditionally been administered on the basis of a calendar year, this system should be retained. A quota must therefore be opened for 2006.
(4)
The import of products covered by CN codes 0714 10 10, 0714 10 91 and 0714 10 99 is subject to the presentation of an import licence in accordance with Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), and with Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (3).
(5)
In the light of past experience and taking into account that the Community concession provides for an overall quantity of 21 000 000 tonnes for four years with an annual maximum of 5 500 000 tonnes, it is advisable to maintain measures which, under certain conditions, either facilitate the release for free circulation of quantities of products exceeding those given in the import licences, or allow the difference between the figure given in the import licences and the smaller figure actually imported to be carried forward.
(6)
In order to ensure the correct application of the agreement, a system of strict and systematic controls is needed that take account of the information given on the Thai export certificates and the Thai authorities’ procedures for issuing export certificates.
(7)
Where the quantities requested exceed the quantities available, a mechanism should be provided for reducing the quantities in order not to exceed the annual maximum laid down.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
CHAPTER I
OPENING OF THE QUOTA
Article 1
1. An import tariff quota for 5 500 000 tonnes of manioc falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 originating in Thailand is hereby opened for the period 1 January to 31 December 2006.
The customs duty applicable is hereby fixed at 6 % ad valorem.
The serial number of the quota shall be 09.4008.
2. The products referred to in paragraph 1 shall benefit from the arrangements provided for in this Regulation on condition that they are imported under import licences issued subject to the submission of a certificate for export to the European Community issued by the Department of Foreign Trade, Ministry of Commerce, Government of Thailand, hereinafter referred to as an ‘export certificate’.
CHAPTER II
EXPORT CERTIFICATES
Article 2
1. There shall be one original and at least one copy of the export certificate, to be made out on a form of which a specimen is given in Annex I.
The size of the form shall be approximately 210 × 297 millimetres. The original shall be made out on white paper having a printed yellow guilloche pattern background so as to reveal any falsification by mechanical or chemical means.
2. Export certificates shall be completed in English.
3. The original and copies of export certificates shall be completed in typescript or in handwriting. In the latter case, they must be completed in ink and in block capitals.
4. Each export certificate shall bear a pre-printed serial number; in the upper section it shall also bear a certificate number. The copies shall bear the same numbers as the original.
Article 3
1. Export certificates shall be valid for 120 days from the date of issue. The date of issue of the certificate shall be included in the period of validity of the certificate.
For the certificate to be valid, its different sections must be properly completed and duly authenticated in accordance with paragraph 2. In the ‘shipped weight’ section, the quantity must be written out in full and also given in figures.
2. The export certificate shall be duly authenticated when it indicates the date of issue and bears the stamp of the issuing body and the signature of the authorised person or persons.
CHAPTER III
IMPORT LICENCES
Article 4
Applications for an import licence for products falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 originating in Thailand, drawn up in accordance with Regulations (EC) No 1291/2000 and (EC) No 1342/2003, shall be submitted to the competent authorities in the Member States, accompanied by the original of the export certificate.
The original of the export certificate shall be retained by the body which issues the import licence. However, where the application for an import licence relates to only a part of the quantity indicated on the export certificate, the issuing body shall indicate on the original the quantity for which it was used and, after affixing its stamp, shall return it to the party concerned.
Only the quantity indicated under ‘shipped weight’ on the export certificate shall be taken into consideration for the issue of the import licence.
Article 5
Where it is found that the quantities actually unloaded in the case of a given consignment are greater than the total figuring on the import licence or licences issued for this consignment, the competent authorities who issued the import licence or licences concerned shall, at the request of the importer, communicate to the Commission by electronic means, case by case and as soon as possible, the number or numbers of the Thai export certificates, the number or numbers of the import licences, the excess quantity concerned and the name of the cargo vessel.
The Commission shall contact the Thai authorities so that new export certificates may be drawn up.
Until the new certificates have been drawn up, the excess quantities may not be released for free circulation under this Regulation unless new import licences are presented for the quantities concerned.
New import licences shall be issued on the terms laid down in Article 10.
Article 6
Notwithstanding the third paragraph of Article 5, where it is found that the quantities actually unloaded in the case of a given consignment do not exceed the quantities covered by the import licence or licences presented by more than 2 %, the competent authorities of the Member State of release for free circulation shall, at the importer’s request, authorise the release for free circulation of the surplus quantities in return for payment of a customs duty with a ceiling of 6 % ad valorem and the lodging by the importer of a security of an amount equal to the difference between the duty laid down in the Common Customs Tariff and the duty paid.
The security shall be released upon presentation to the competent authorities of the Member State of release for free circulation of an additional import licence for the quantities concerned. The security referred to in Article 15(2) of Regulation (EC) No 1291/2000 or Article 8 of this Regulation shall not be required for additional licences.
Additional import licences shall be issued on the terms laid down in Article 10 and on presentation of one or more new export certificates issued by the Thai authorities.
Section 20 of additional import licences shall contain one of the entries given in Annex II.
Except in cases of force majeure, the security shall be forfeit for quantities for which an additional import licence is not presented within four months from the date of acceptance of the declaration of release for free circulation referred to in the first paragraph. It shall be forfeit in particular for quantities for which no additional import licence has been issued under Article 10(1).
After the competent authority has entered the quantity on the additional import licence and authenticated the entry, when the security provided for in the first paragraph is released, the licence shall be returned to the issuing body as soon as possible.
Article 7
Applications for import licences under this Regulation may be submitted in all Member States and licences issued shall be valid throughout the Community.
The fourth indent of the first subparagraph of Article 5(1) of Regulation (EC) No 1291/2000 shall not apply to imports carried out under this Regulation.
Article 8
Notwithstanding Article 12 of Regulation (EC) No 1342/2003, the security relating to the import licences provided for in this Regulation shall be EUR 5 per tonne.
Article 9
1. Section 8 of applications for import licences and the licences themselves shall be marked ‘Thailand’.
2. Import licences shall contain:
(a)
in section 24, one of the entries given in Annex III;
(b)
in section 20, the following information:
(i)
the name of the cargo vessel as given in the Thai export certificate;
(ii)
the number and date of the Thai export certificate.
3. The import licence shall be accepted in support of a declaration of release for free circulation only if it is shown, in particular by a copy of the bill of lading presented by the party concerned, that the products for which release for free circulation is requested have been transported to the Community by the vessel referred to in the import licence.
4. Subject to Article 6 of this Regulation and notwithstanding Article 8(4) of Regulation (EC) No 1291/2000, the quantity released for free circulation may not exceed that shown in sections 17 and 18 of the import licence. The figure 0 shall be entered to that effect in section 19 of the said licence.
Article 10
1. Where applications for licences exceed the quantity laid down in Article 1, the Commission shall fix a percentage of the quantities requested to be accepted or decide to reject applications.
2. Import licences shall be issued on the fifth working day following the day on which the application is lodged, subject to any measure the Commission might adopt pursuant to paragraph 1.
3. Where an acceptance percentage is fixed pursuant to paragraph 1, applications may be withdrawn within 10 working days of publication of the percentage.
Where applications are withdrawn, licences issued in accordance with paragraph 2 shall be returned.
When an application is withdrawn, the security shall be released. The security shall also be released when an application is rejected.
4. Where the conditions governing the issue of the import licence have not been complied with, the Commission may, where necessary, and following consultation with the Thai authorities, adopt appropriate measures.
Article 11
Notwithstanding Article 6 of Regulation (EC) No 1342/2003, the last day of the period of validity of the import licence shall correspond to the last day of the period of validity of the corresponding export certificate plus 30 days.
Article 12
1. The Member States shall send the Commission each working day and by electronic means the following information concerning each import licence application:
(a)
the quantity for which each import licence is requested, with the indication, where appropriate, ‘additional import licence’;
(b)
the name of the applicant for the import licence;
(c)
the number of the export certificate submitted, as indicated in the upper section of the certificate;
(d)
the date of issue of the export certificate;
(e)
the total quantity for which the export certificate was issued;
(f)
the name of the exporter indicated on the export certificate.
2. No later than the end of the first six months of 2007, the authorities responsible for issuing import licences shall send the Commission, by electronic means, a complete list of quantities not taken up as endorsed on the back of the import licences, the name of the cargo vessel, the number of the contract for transport to the European Community and the numbers of the export certificates in question.
CHAPTER IV
FINAL PROVISIONS
Article 13
This Regulation shall enter into force on 1 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2005. | [
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COMMISSION REGULATION (EC) No 939/2006
of 23 June 2006
setting the amount of the aid for pears for processing for the 2006/07 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Article 6(1) thereof,
Whereas:
(1)
Article 3(3)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2) provides that the Commission is to publish the amount of aid applicable to pears for processing no later than 15 June.
(2)
The average quantity of pears processed under the aid scheme in the last three marketing years is 8 574 tonnes higher than the Community threshold.
(3)
For those Member States that have overrun their processing threshold, the amount of the aid for pears for processing for the 2006/07 marketing year must therefore be adjusted in relation to the level set in Article 4(2) of Regulation (EC) No 2201/96, in accordance with Article 5(2) of that Regulation.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 2006/07 marketing year, the amount of the aid for pears under Article 2 of Regulation (EC) No 2201/96 shall be:
-
EUR 161,70 per tonne in the Czech Republic,
-
EUR 101,58 per tonne in Greece,
-
EUR 150,77 per tonne in Spain,
-
EUR 161,70 per tonne in France,
-
EUR 148,47 per tonne in Italy,
-
EUR 161,70 per tonne in Hungary,
-
EUR 41,99 per tonne in the Netherlands,
-
EUR 161,70 per tonne in Austria,
-
EUR 161,70 per tonne in Portugal.
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, 23 June 2006. | [
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COMMISSION DECISION of 14 October 1996 on the list of programmes for the eradication and monitoring of animal diseases qualifying for a financial contribution from the Community in 1997 (96/598/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EEC (2), and in particular Article 24 (5) thereof,
Whereas in drawing up the list of programmes for the eradication and monitoring of animal diseases qualifying for a financial contribution from the Community for 1997, and the proposed rate and amount of the contribution for each programme, both the interest of each programme for the Community and the volume of available appropriations must be taken into account;
Whereas the Commission has examined each of the programmes submitted by the Member States from both the veterinary and the financial point of view;
Whereas the programmes on the list set out in this Decision will have to be approved individually at a later date;
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 programmes listed in the Annex hereto shall qualify for a financial contribution from the Community in 1997.
2. For each programme as referred to in paragraph 1, the proposed rate and amount of the Community financial contribution shall be as set out in the Annex.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 October 1996. | [
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COMMISSION REGULATION (EC) No 339/2008
of 16 April 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,
Whereas:
(1)
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 17 April 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 April 2008. | [
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COMMISSION DECISION of 8 October 1981 establishing that the apparatus described as "MKS sensor head, model 310 BH with electronic unit, model 170 M-6B" may not be imported free of Common Customs Tariff duties (81/849/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 1 April 1981, the Federal Republic of Germany 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 "MKS sensor head, model 310 BH with electronic unit, model 170 M-6B", to be used for measuring the time function of transient pressures at the wall and in the flow field of a turbulent conduit flow, should be considered as 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 9 July 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a manometer with an electronic unit;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific apparatus ; whereas the duty-free admission of the apparatus in question is therefore not justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "MKS sensor head, model 310 BH with electronic unit, model 170 M-6B", which is the subject of an application by the Federal Republic of Germany of 1 April 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 8 October 1981. | [
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COUNCIL REGULATION (EC) No 260/2007
of 9 March 2007
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain tungsten electrodes originating in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROVISIONAL MEASURES
(1)
The Commission, by Regulation (EC) No 1350/2006 (2) (the provisional Regulation) imposed a provisional anti-dumping duty on imports of certain tungsten electrodes, currently classifiable within CN codes ex81019910 and ex85159000 (CN codes since 1 January 2007), originating in the People’s Republic of China (PRC).
(2)
It is recalled that the investigation of dumping and injury covered the period from 1 January 2005 to 31 December 2005 (investigation period or IP). With respect to the trends relevant for the injury assessment, the Commission analysed data covering the period from 1 January 2001 to the end of the investigation period (period considered).
B. SUBSEQUENT PROCEDURE
(3)
Following the imposition of a provisional anti-dumping duty on imports of certain tungsten electrodes originating in the PRC, some interested parties submitted comments in writing. The parties, who so requested, were also granted an opportunity to be heard orally.
(4)
The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The oral and written comments submitted by the parties were examined and, where considered appropriate, the provisional findings were modified accordingly. To this end, the Commission carried out further verification visits at the premises of the following companies:
(a)
Unrelated importer in the Community:
-
Comptoir Lyonnais de Soudage SA, Lyon, France;
(b)
Related companies in the Community:
-
Alexander Binzel Schweißtechnik GmbH & Co., KG, Buseck, Germany,
-
Binzel France Sarl, Strasbourg, France.
(5)
All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of certain tungsten electrodes originating in the PRC and the definitive collection of the amounts secured by way of the provisional duty. They were also granted a period within which they could make representations subsequent to this disclosure.
(6)
The oral and written comments submitted by the parties were considered, and, where appropriate, the findings have been modified accordingly.
C. PRODUCT CONCERNED AND LIKE PRODUCT
(7)
The product concerned is tungsten welding electrodes (TE), including tungsten bars and rods for welding electrodes, containing 94 % or more by weight of tungsten, other than those obtained simply by sintering, whether of not cut to length. It is currently classifiable within CN codes ex81019910 and ex85159000 (CN codes since 1 January 2007). The product concerned is used in welding and similar processes, including tungsten inert gas shielded arc welding, plasma arc welding and cutting and thermal spraying.
(8)
One importer argued against the conclusion drawn in recital 13 of the provisional Regulation that all TE are considered to constitute a single product for the purpose of this proceeding. This importer emphasised the varying properties of different types of TE and in particular one patented type developed by the importer himself.
(9)
However, since the beginning of the investigation, the Commission has been aware that there are several types of TE. As well as being sold in different lengths and thicknesses, TE can be made either from pure tungsten or alloyed with a small percentage of a metal such as thorium, lanthanum, cerium, zirconium, or a combination of those. This alloying affects the properties of the electrodes namely in terms of ignitability, stability and durability, allowing them to be better tailored for specific applications. Despite the variations in technical features of the different types of TE, it is considered that their common basic physical characteristics and degree of substitutability are sufficient to consider them as a single product for the purpose of this proceeding as they share the same basic physical and chemical characteristics.
(10)
It should be noted, however, that the different types of TE as mentioned above have been taken into consideration for the purpose of calculating the dumping and injury margins.
(11)
The importer referred to in recital 8, also pointed to the differences in the production processes between the European and Chinese producers, and claimed that these lead to a higher quality of the Chinese TE. Furthermore, an exporting producer claimed that its electrodes are of better quality than those of its competitors and in any event better tailored for the main product manufactured by the group, the TIG welding torch. Regarding the latter claim, it should be stressed that according to the available evidence, any quality differences are not such as to prevent the use of electrodes produced by other producers in this specific application, even if they would not provide the optimal fitting to the torches. As for the alleged general quality differences, as pointed out by the importer, between the TE produced and sold by the Community industry in the Community and the TE imported into the Community from the PRC, there was no objective information available to corroborate or quantify such a perceived general quality difference. Therefore the TE produced and sold by the Community industry in the Community and the TE imported into the Community from the PRC have been considered alike within the meaning of Article 1(4) of the basic Regulation, and no adjustment was made in this respect in the injury calculations.
(12)
In the absence of any other comments concerning the product concerned and the like product, recitals 12 to 15 of the provisional Regulation are hereby confirmed.
D. DUMPING
1. Market economy treatment (MET)
(13)
The exporting producer for which MET was rejected, since it did not fulfil the second MET criterion as set out in Article 2(7)(c) of the basic Regulation, argued that the discrepancies found in its accounting system concerned only a few cases and that in the meantime its system had been improved in order to meet the international accounting standards. The company, however, did not substantiate this claim or provide any evidence. Moreover, from the evidence gathered during the on-the-spot verification it is clear that the practices found were in clear violation of IAS as well as Chinese accounting rules, even if they would have been corrected after the IP.
(14)
In the absence of any other arguments regarding the granting of MET, the findings as set out in recitals 16 to 21 of the provisional Regulation are hereby confirmed.
2. Individual treatment (IT)
(15)
Following the provisional disclosure, the Community industry contested the granting of IT to the exporting producer referred to above in recital 13, since discrepancies were found in the company’s accounts also with regard to the recording of export sales. In this respect it should be noted that the company fulfilled all criteria set out in Article 9(5) of the basic Regulation and therefore there was no reason to reject its IT claim. Moreover, all evidence related to the company’s very few export transactions to the Community in the IP could be obtained during the on-the-spot verification of the main anti-dumping questionnaire, and a single necessary correction to its export data could be made immediately. Therefore the claim of the Community industry was rejected.
(16)
In the absence of any other comments in this respect, the findings concerning IT as set out in recitals 22 to 25 of the provisional Regulation are hereby confirmed.
3. Normal value
(a) Determination of normal value for the exporting producer in the PRC granted MET
(17)
Following the provisional disclosure, the exporting producer concerned presented a monthly normal value by linking the verified, average normal value of the IP to the price development of the main raw material, ammonium paratungstate (APT), in order to demonstrate that when comparing with the monthly export prices there was no more dumping towards the end of the IP. Moreover, this monthly normal value suggested that the provisional finding of dumping was essentially caused by the dramatic price increase of APT, to which the company did not react immediately by increasing its export sales prices, but only at the end of the IP. The company asked the Commission to take this development into account and to consider calculating the dumping margin based on the last six months or last quarter of the IP solely. This claim, however, had to be rejected, as differing from the IP would be discriminatory towards all other companies investigated, which were affected in the same way by that general price increase of APT. The request is also in conflict with the concept of an investigation period. Indeed, it amounts to selectively choosing data from part of the investigation period and puts thus into question the representativity of the findings.
(18)
In that context, further to the provisional disclosure, the Community industry claimed that an adjustment should be made to the raw material costs used for the construction of the normal value of the company granted MET. In the view of the Community industry such an adjustment would be justified pursuant to Articles 2(3) and 2(5) of the basic Regulation, as the Chinese tungsten market is subject to State interference at the macroeconomic level and hence the domestic prices of the main raw material, APT, have remained consistently lower than the export prices of APT.
(19)
The above claim was examined by analysing the effects of the Chinese government’s policies at the macroeconomic level, which might lead to different price levels of APT between the domestic and export markets. The investigation showed that the Chinese VAT export refund policy discourages to a certain extent the export of tungsten and related products such as APT as exporters are refunded for only part of the VAT paid on the domestically sourced raw material. This also implies that producers of TE incur an additional cost when exporting. Therefore, an adjustment was made to the normal value, pursuant to Article 2(10)(b) of the basic Regulation, to reflect the total cost incurred as a result of the abovementioned VAT scheme. It is not considered that any further adjustment is required.
(20)
Apart from the abovementioned adjustment to the normal value, the general methodology as set out in recitals 26 to 33 of the provisional Regulation is hereby confirmed.
(b) Determination of normal value for the exporting producers in the PRC not granted MET
(i) Analogue country
(21)
In the absence of any relevant comments regarding the use of the USA as an analogue country, recitals 34 to 38 of the provisional Regulation are confirmed.
(ii) Normal value
(22)
In the absence of any comments with regard to the determination of the normal value for the exporting producers not granted MET, recitals 39 to 46 of the provisional Regulation are definitively confirmed.
4. Export prices
(23)
Regarding the export prices of one company granted IT as well as the cooperating company not granted MET/IT, whose dumping margin served as the basis for the country-wide dumping margin, as explained in recitals 54 to 56 of the provisional Regulation, export prices were revised by excluding two transactions falling outside the IP.
(24)
Following the provisional disclosure, the exporting producer granted MET, whose export sales to the Community were made via a related importer and subsequently resold to related and unrelated companies in the Community, claimed that the SG&A costs of its related companies, used for the construction of the export price pursuant to Article 2(9) of the basic Regulation, were overestimated and did not reflect the costs generated by the sales of TE. The exporting producer requested the Commission to use the original SG&A presented in the questionnaire replies of the related distributors, which could not been accepted initially in the absence of evidence regarding the cost allocation method. The company presented supporting evidence for the allocation method used originally, which was based on an internal standard, used by the companies historically. The evidence provided was subsequently verified on the spot and it was found that the original allocation method corresponded to the costs associated with the sales of TE. Hence, the claim was accepted and the SG&A costs of the related distributors were adjusted accordingly.
(25)
With regard to the profit margin of the two unrelated importers, one of which was provisionally used for the constructed export price of the abovementioned exporting producer, it was found that those profit margins should not be used since their business activities are not sufficiently comparable to that of the related importer concerned. Indeed, the majority of the TE imported by this related importer are further integrated into the main product produced by the group, the welding torch. It should also be noted that the TE are of minor value compared to the end-product. On this basis it was concluded that the related importer’s own profit margin would constitute a more accurate basis for a profit margin to construct the export price.
(26)
No other comments were received with regard to export prices, and hence the general methodology as set out in recitals 47 and 48 of the provisional Regulation, with the exception of the use of the related importer’s own profit margin for the constructed export price of the producer granted MET, as described above, is hereby confirmed.
5. Comparison
(27)
The normal values, as described above in recitals 17 to 20 and 22 and the export prices, revised as explained above in recitals 23 to 26 were compared on an ex-works basis. In order to ensure a fair comparison between the normal value and the export price, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were claimed and demonstrated to affect prices and price comparability. The factors for which adjustments were accepted were indirect taxes as described in recital 19, transport, insurance, handling and ancillary costs, packing, credit, and bank charges.
6. Dumping margin
(a) For the cooperating exporting producer granted MET
(28)
In the light of the above, the definitive dumping margin, expressed as a percentage of the cif Community frontier price, duty unpaid, is as follows:
Company
Definitive dumping margin
Shandong Weldstone Tungsten Industry Co., Ltd
17 %
(b) For the cooperating exporting producers granted IT
(29)
Following the adjustment to the export price of the other company granted IT, the definitive dumping margins, expressed as a percentage of the cif Community frontier price, duty unpaid, are as follows:
Company
Definitive dumping margin
Shaanxi Yuheng Tungsten & Molybdenum Industrial Co., Ltd
107,3 %
Beijing Advanced Metal Materials Co., Ltd
128,4 %
(c) For all other exporting producers
(30)
Following the adjustment to the export price of the cooperating exporting producer not granted MET/IT, the definitive country-wide level of dumping is established at 160,2 % of the cif Community frontier price, duty unpaid.
E. INJURY
1. Community production
(31)
In the absence of comments concerning Community production, recitals 57 and 58 of the provisional Regulation are hereby confirmed.
2. Definition of the Community industry
(32)
In the absence of comments concerning the definition of the Community industry, recital 59 of the provisional Regulation is hereby confirmed.
3. Community consumption
(33)
In the absence of comments concerning the Community consumption, recital 60 of the provisional Regulation is hereby confirmed.
4. Imports into the Community from the country concerned
(34)
In the absence of any comments concerning the imports from the country concerned, recitals 61 to 66 of the provisional Regulation are hereby confirmed.
5. Situation of the Community industry
(35)
In the absence of comments concerning the situation of the Community industry, recitals 67 to 93 of the provisional Regulation are hereby confirmed.
F. CAUSATION
(36)
In the absence of any new and substantiated information or argument in this respect, recitals 94 to 114 of the provisional Regulation are hereby confirmed.
G. COMMUNITY INTEREST
(37)
Three exporters, one exporters’ association and one importer reiterated their concern that that the provisional duties would exclude the Chinese exporters from the Community market. Given that there are only two Community producers and virtually no imports from other countries, this would allegedly eliminate competition from the Community market, to the detriment of users. Furthermore, it has been alleged that the two Community producers have a history of controlling the prices in the Community market through anti-competitive practices. However, these parties did not provide any additional evidence to substantiate their claims nor has any indication been found in the course of the investigation which would point to such practices.
(38)
As stated in the provisional Regulation, the purpose of any anti-dumping measure is not to stop access to the Community market for exporters in third countries, but rather to restore a level playing field that had been distorted by unfair trade practices.
(39)
No evidence for the alleged anti-competitive behaviour was found during the investigation, nor has the Community industry enjoyed abnormally high profits, even before the Chinese imports gained a substantial foothold in the Community market. Besides the two existing Community producers, the level of measures imposed should allow at least some exporting producers from the PRC to continue selling the product concerned in the Community market. Indeed, the purpose of the duties, when based on injury, is merely to raise the import prices to a level which allow the Community industry to achieve a normal profit.
(40)
One importer further claimed that the duties would threaten the existence of his company. Moreover, this importer markets a unique type of high-quality electrode and if he were to go out of business, he claims, end-users of TE would suffer in terms of innovation and quality of service.
(41)
However, as stated in the provisional Regulation, the general effect on importers of any increase in the prices of imports of the product concerned should be to restore fair competition with Community producers and should not prevent the importers from selling the product concerned. Moreover, the high profit margins found at the level of the cooperating importers make it unlikely that they will be driven out of business even if the volume of imports decreases with the imposition of measures. The distributor/dealer’s role in the welding electrode market is an essential one because it offers the end-user the benefits of a one-stop shop for all the latter’s needs regarding welding. Therefore, it is highly likely that those agents will remain an important feature of the market even after measures are imposed.
(42)
It was also argued by one party that the TE imported by their group are complementary to the welding torches manufactured by the same company. If the users were induced as a consequence of the anti-dumping measures to switch to cheaper electrodes from other suppliers, the performance and durability of the company’s torches would suffer, with an adverse impact on their whole business. However it is considered that, even if the customers of these users were unaware of such adverse technical consequences, the relatively low level of the duties proposed for this exporter is not likely to provide an incentive for them to switch to other sources of supply. Furthermore, no evidence of the alleged negative consequences was submitted.
(43)
In the absence of substantially new information or argument in this particular respect, recitals 115 to 132 of the provisional Regulation are hereby confirmed.
H. DEFINITIVE ANTI-DUMPING MEASURES
1. Injury elimination level
(44)
Further to the disclosure of provisional findings, the Community industry claimed that the adjustment mentioned in recital 136 of the provisional Regulation, for the functions of importers, was excessive, for two reasons:
-
not all importers would perform all the functions mentioned in that recital, namely packaging, stocking, quality control, branding, and in some cases a physical processing of the electrodes. In some cases, the electrodes would be exported from the PRC in a condition that does not require most of these operations to be performed by the importer,
-
even if such functions were to be performed by a given importer, its costs, according to the Community industry’s estimates, would be significantly smaller than the amount of the adjustment provisionally established by the Commission.
(45)
The Commission has further investigated this issue by, among others, obtaining detailed information from an additional unrelated importer. The investigation has shown that both the Community-produced and imported electrodes are sold through a wide variety of channels, and are often re-sold several times between the producer and the end-user. The players involved in this market perform, to different extents, functions such as quality control, storage and logistics, re-packaging, marketing and after-sales support. Having examined all the available information, it was considered a more systematic and uniform way to take into account the functions of importers to make a comparison of import prices and Community industry prices adjusted to a common level of trade.
(46)
For this purpose, the sales of the like product by the Community industry in the Community market were used as a basis to estimate the differences in prices resulting from different levels of trade, i.e. traders, retailers, end-users and original equipment manufacturers. This adjustment for level of trade was therefore applied instead of the adjustment mentioned in recital 136 of the provisional Regulation.
(47)
One exporter pointed out a mistake in the sales data used for the calculation of his injury margin. Other clerical errors in the data used for the injury margins were also corrected. As a result of these corrections, the injury margin of one exporter and the country-wide injury margin have been reduced.
(48)
It was also found that due to the infrequent time pattern of exports of some PRC exporters, and the evolution the USD/EUR exchange rate during the IP, the use of monthly exchange rates gave a significantly more accurate result than the use of a single annual rate. The calculations for all exporters were revised accordingly.
(49)
One exporter and one exporters’ association argued that the lead time between the purchase of the raw material to the sale of a finished tungsten electrode to a dealer is significantly higher for the PRC exporters than for the Community industry, due to longer transport time and custom procedures. This would mean that the prices of the PRC exporters naturally take a longer time to react to the raw material price increases than those of the Community industry and, the importer claimed, this should be taken into account in the injury calculation.
(50)
While it is recognised that the time lag between the product being manufactured and delivery at the customer is greater for Chinese exporters, this is not considered to be a relevant factor for the injury determination. The data used in the investigation are defined by invoice date, which normally corresponds to the date on which the goods have been shipped from the factory. There is also a time lag between the time the price is negotiated on the basis on the current levels of raw material prices and the shipping date, but there is no reason to assume that this would be greater for Chinese producers than for those in the Community. Therefore, this argument has to be rejected.
(51)
Accordingly, the definitive weighted average injury margins for companies granted either IT or MET are:
Company
Definitive injury margin
Shandong Weldstone Tungsten Industry Co., Ltd
22,7 %
Shaanxi Yuheng Tungsten & Molybdenum Industrial Co., Ltd
41,0 %
Beijing Advanced Metal Materials Co., Ltd
38,8 %
All other companies
63,5 %
2. Form and level of the duties
(52)
In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at the level sufficient to eliminate the injury caused by the imports without exceeding the dumping margin found.
(53)
On the basis of the above, the definitive duties are as follows:
Company
Definitive duty
Shandong Weldstone Tungsten Industry Co., Ltd
17,0 %
Shaanxi Yuheng Tungsten & Molybdenum Industrial Co., Ltd.
41,0 %
Beijing Advanced Metal Materials Co., Ltd.
38,8 %
All other companies
63,5 %
(54)
The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the country-wide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, 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’.
(55)
Any claim requesting the application of these individual company anti-dumping 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 (3) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates.
(56)
In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporters, but also to those companies which did not have any exports during the IP. However, the latter companies are invited, when they fulfil the requirements of Article 11(4) of the basic Regulation, second paragraph, to present a request for a review pursuant to that Article in order to have their situation examined individually.
3. Undertakings
(57)
Following the disclosure of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties, two exporting producers in the PRC offered price undertakings in accordance with Article 8(1) of the basic Regulation.
(58)
The product concerned is characterised by a considerable number of product types with significant price variations between them. The two exporting producers offered only one minimum import price (MIP) for all product types at a level which would not have guaranteed the elimination of injurious dumping for all products. It also needs to be noted that the high number of product types makes it virtually impossible to establish meaningful MIPs for each product type which could be properly monitored by the Commission even if the exporting producers had offered different MIPs for each of them.
(59)
Moreover during the IP the product concerned showed a considerable volatility in prices and therefore it is not suitable for a fixed price undertaking. In order to overcome this problem both companies offered to index the MIP on the basis of the volatility of the APT prices. However, as no close correlation between the volatility of APT prices and the volatility of TE prices could be established during the IP for one of the exporting producers, the indexation of the MIP on basis of the APT prices was not feasible for this particular exporting producer.
(60)
Furthermore one of the exporting producers has several related companies in the EC and these related companies also sell other products to the same customers. This complex sales structure raises the risk of circumvention.
(61)
On the basis of the above, it was concluded that these undertaking offers had to be rejected.
4. Definitive collection of provisional duties and special monitoring
(62)
In view of the magnitude of the dumping margins found and in the light of the level of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by the provisional Regulation, i.e. Regulation (EC) No 1350/2006, should be definitively collected to the extent of the amount of the definitive duties imposed. Where the definitive duties are lower than the provisional duties, amounts provisionally secured in excess of the definitive rate of anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitely collected.
(63)
In order to minimise the risks of circumvention due to the high difference in the duty rates, it is considered that special measures are needed in this case to ensure the proper application of the anti-dumping duties. These special measures, which only apply to companies for which an individual duty rate is introduced, include the following: the presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. Imports not accompanied by such an invoice shall be made subject to the residual anti-dumping duty applicable to all other exporters.
(64)
Moreover it is recalled that should the exports by the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the anti-dumping measures, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances, and provided the conditions are met, an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rates and the consequent imposition of a country-wide duty,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of tungsten welding electrodes, including tungsten bars and rods for welding electrodes, containing 94 % or more by weight of tungsten, other than those obtained simply by sintering, whether or not cut to length, falling within CN codes ex81019910 and ex85159000 (TARIC codes 8101991010 and 8515900010) and originating in the People’s Republic of China.
2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products manufactured by the companies listed below shall be as follows:
Company
Anti-Dumping Duty
TARIC Additional Code
Shandong Weldstone Tungsten Industry Co., Ltd
17,0 %
A754
Shaanxi Yuheng Tungsten & Molybdenum Industrial Co., Ltd
41,0 %
A755
Beijing Advanced Metal Materials Co., Ltd
38,8 %
A756
All other companies
63,5 %
A999
3. The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex. If no such invoice is presented, the duty rate applicable to all other companies shall apply.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 1350/2006 on imports of certain tungsten electrodes, including tungsten bars and rods for welding electrodes, containing 94 % or more by weight of tungsten, other than those obtained simply by sintering, whether or not cut to length, falling within CN codes ex81019910 and ex85159000 (TARIC codes 8101991010 and 8515900010) and originating in the People’s Republic of China shall be definitively collected. The amounts secured in excess of the amount of the definitive anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitely collected.
Article 3
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, 9 March 2007. | [
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COMMISSION REGULATION (EC) No 1368/95 of 16 June 1995 amending Regulation (EEC) No 2921/90 on aid for the production of casein and caseinates from skimmed milk
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 the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Article 11 (3) thereof,
Whereas Commission Regulation (EEC) No 2921/90 (3), as last amended by Regulation (EEC) No 1756/93 (4), provides that aid for the production of casein and caseinates from skimmed milk is only granted where the casein or caseinates produced meet certain composition requirements; whereas experience gained shows that casein containing more than 5 % but not more than 17 % milk protein other than casein no longer meets the current requirements of the market, which is shifting to high-quality products; whereas the aid for such casein should accordingly be discontinued;
Whereas, in view of the trend on the market in such products on the one hand and in skimmed-milk powder on the other, the aid fixed in that Regulation for skimmed milk processed into casein or caseinates should be reduced;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2921/90 is hereby amended as follows:
1. Article 2 (1) is replaced by the following:
'1. The aid per 100 kilograms of skimmed milk processed into casein or caseinates as referred to in paragraph 2 shall be ECU 6,75.`;
2. Article 2 (2) (d) is deleted and Article 2 (2) (e) becomes Article 2 (2) (d);
3. the second sentence of Article 3 (a) is replaced by the following:
'The description to be shown on products as referred to in Annex III shall be as follows:
"Caseinates containing more than 5 % but not more than 17 %, calculated on the total milk protein content, of simultaneously precipitated milk protein other than casein.";`;
4. Annex III is replaced by the Annex hereto.
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, 16 June 1995. | [
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COMMISSION REGULATION (EC) No 996/2009
of 22 October 2009
fixing 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 (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (1), and in particular Article 164(2), last subparagraph, and Article 170 thereof,
Whereas:
(1)
Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products referred to in Part XX of Annex I to that Regulation and prices in the Community for those products may be covered by an export refund.
(2)
In view of the current situation on the market in poultrymeat, export refunds should be fixed in accordance with the rules and criteria provided for in Articles 162 to 164, 167, 169 and 170 of Regulation (EC) No 1234/2007.
(3)
Article 164(1) of Regulation (EC) No 1234/2007 provides that refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.
(4)
Refunds should be granted only on products which are authorised to move freely in the Community and bear the identification mark provided for in Article 5(1)(b) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3).
(5)
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
1. The products on which the export refunds provided for in Article 164 of Regulation (EC) No 1234/2007 may be paid, subject to the conditions laid down in paragraph 2 of this Article, and the amounts of those refunds are specified in the Annex to this Regulation.
2. The products on which a refund may be paid under paragraph 1 shall meet the requirements under Regulations (EC) Nos 852/2004 and 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the identification marking conditions laid down in Section I of Annex II to Regulation (EC) No 853/2004.
Article 2
This Regulation shall enter into force on 23 October 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 October 2009. | [
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COUNCIL REGULATION (EC) No 102/96 of 22 January 1996 renewing the measures laid down in Annex I to Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the Act of Accession of Austria, Finland and Sweden,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EC) No 1416/95 of 19 June 1995 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products (1) opened tariff quotas for 1995 in favour of Switzerland in accordance with the conditions set out in Annex I thereto;
Whereas it was not possible to conclude an Additional Protocol before 1 January 1996; whereas, therefore, it is necessary to extend the measures provided for in Annex I to Regulation (EC) No 1416/95 to cover 1996,
HAS ADOPTED THIS REGULATION:
Article 1
The measures provided for in Annex I to Regulation (EC) No 1416/95 shall be extended to cover 1996.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 January 1996. | [
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COUNCIL DECISION
of 13 December 2004
authorising the Republic of Austria to apply a measure derogating from Article 17 of the Sixth Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes
(2004/866/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the 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 (1), and in particular Article 27(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
By letter registered at the Commission's Secretariat-General on 12 December 2003, the Austrian authorities requested authorisation to apply a special measure derogating from Article 17 of Directive 77/388/EEC.
(2)
The other Member States were informed of this request on 26 March 2004.
(3)
The derogating measure is intended completely to exclude the value-added tax (VAT) which is charged on expenditure on goods and services from the right to deduct when over 90 % of the goods and services are used for the private purposes of the taxable person, or of his employees, or, more generally, for non-business purposes. This derogating measure represents a derogation from Article 17 and is justified by the need to simplify the levying of VAT.
(4)
The duration of the authorisation should be limited to 31 December 2009. This maximum period will allow an evaluation to be made of the advisability of maintaining the derogating measure in the light of Austria's experience over this period.
(5)
The derogating measure would have no negative effect on the Community's own resources from VAT,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Article 17(2) of Directive 77/388/EEC, the Republic of Austria is hereby authorised to exclude expenditure on goods and services from the right to deduct VAT when over 90 % of the goods and services are used for the private purposes of a taxable person, or of his employees, or, more generally, for non-business purposes.
Article 2
This Decision shall apply until 31 December 2009.
Article 3
This Decision is addressed to the Republic of Austria.
Done at Brussels, 13 December 2004. | [
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Commission Regulation (EC) No 923/2001
of 10 May 2001
fixing the rates of the refunds applicable to certain cereal and rice-products exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(3), as last amended by Regulation (EC) No 1667/2000(4), and in particular Article 13(3) thereof,
Whereas:
(1) Article 13(1) of Regulation (EEC) No 1766/92 and Article 13(1) of Regulation (EC) No 3072/95 provide that the difference between quotations of prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.
(2) Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds(5), as amended by Regulation (EC) No 2390/2000(6), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to Regulation (EC) No 3072/95 as appropriate.
(3) In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.
(4) The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. Whereas it is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. Whereas the fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.
(5) Now that a settlement has been reached between the European Community and the United States of America on Community exports of pasta products to the United States and has been approved by Council Decision 87/482/EEC(7), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.
(6) Pursuant to Article 4(3) and (5) of Regulation (EC) No 1520/2000 provides that a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Council Regulation (EEC) No 1722/93(8), as last amended by Commission Regulation (EC) No 87/1999(9), for the basic product in question, used during the assumed period of manufacture of the goods.
(7) Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 of the Act of Accession of the United Kingdom, Ireland and Denmark stipulates that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.
(8) It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EC) No 1520/2000 and listed either in Article 1 of Regulation (EEC) No 1766/92 or in Article 1(1) of Regulation (EC) No 3072/95, exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to amended Regulation (EC) No 3072/95 respectively, are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 11 May 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 May 2001. | [
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COUNCIL DECISION
of 21 December 2005
on an amendment to the Agreement Establishing the European Bank of Reconstruction and Development (EBRD), enabling the Bank to finance operations in Mongolia
(2005/954/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1)
Although a member of the EBRD since 2000, Mongolia is not currently a country in which the Bank is authorised to carry out operations on its own resources.
(2)
In response to the request of the Prime Minister of Mongolia, the Board of Directors of the EBRD has expressed unanimous support to admit Mongolia as a country of operations of the Bank.
(3)
By Resolution adopted on 30 January 2004, the Board of Governors of the EBRD voted in favour of the necessary amendment to the Agreement Establishing the Bank, enabling it to finance operations in Mongolia. All the Governors of the Bank voted in favour of this amendment, including the Governor representing the European Community.
(4)
As the amendment concerns the purpose and functions of the Bank, it is necessary that it also be formally accepted by all member countries and institutions, including by the European Community.
(5)
Acceptance by the European Community of this amendment is necessary to achieve the Community's objectives in the field of economic, financial and technical cooperation with third countries,
HAS DECIDED AS FOLLOWS:
Article 1
The amendment to the Agreement establishing the EBRD, necessary to enable the Bank to finance operations in Mongolia, is hereby approved on behalf of the Community.
The text of the amendment is attached to this Decision.
Article 2
The Governor of the EBRD representing the European Community shall communicate to the EBRD the Declaration of Acceptance of this amendment.
Done at Brussels, 21 December 2005. | [
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COMMISSION REGULATION (EC) No 384/2007
of 10 April 2007
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 11 April 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 April 2007. | [
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COMMISSION REGULATION (EC) No 414/2007
of 13 March 2007
concerning the technical guidelines for the planning, implementation and operational use of river information services (RIS) referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community (1), and in particular Article 5 thereof,
Whereas:
(1)
In accordance with Article 1 of Directive 2005/44/EC, river information services (RIS) shall be developed and implemented in a harmonised, interoperable and open way.
(2)
In accordance with Article 5 of Directive 2005/44/EC, technical guidelines for the planning, implementation and operational use of river information services (RIS), hereafter referred to as RIS guidelines, shall be defined.
(3)
The RIS guidelines shall be based on the technical principles set out in Annex II to the Directive.
(4)
In accordance with Article 1(2) of Directive 2005/44/EC, the RIS guidelines shall take due account of the work carried out by relevant international organisations such as PIANC, CCNR and UNECE. Continuity shall be ensured with other modal traffic management services, in particular maritime vessel traffic management and information services.
(5)
In order to ensure a mutual understanding regarding the planning, implementation and operational use of RIS, the terms and definitions given in these RIS guidelines shall be used in further standardisation work and in application design.
(6)
The RIS architecture given in these guidelines shall be applied when developing services, systems and applications.
(7)
In planning RIS, a systematic procedure as described in these RIS Guidelines shall be followed.
(8)
The guidelines, which are the subject of this Regulation, correspond to the current technical state of the art. Experiences gained from the application of Directive 2005/44/EC as well as future technical progress may make it necessary to amend the guidelines in accordance with Article 5(2) of Directive 2005/44/EC.
(9)
The draft RIS guidelines have been examined by the Committee referred to in Article 11 of Directive 2005/44/EC.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 11 of Directive 2005/44/EC.
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation defines guidelines for the planning, implementation and operational use of river information services (RIS). The guidelines 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 2007. | [
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COUNCIL DIRECTIVE 94/5/EC of 14 February 1994 supplementing the common system of value added tax and amending Directive 77/388/EEC - Special arrangements applicable to second-hand goods, works of art, collectors' items and antiques
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 99 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in accordance with Article 32 of the 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 (3), the Council is to adopt a Community taxation system to be applied to used goods, works of art, antiques and collectors' items;
Whereas the present situation, in the absence of Community legislation, continues to be marked by the application of very different systems which cause distortion of competition and deflection of trade both internally and between Member States; whereas these differences also include a lack of harmonization in the levying of the own resources of the Community; whereas consequently it is necessary to bring this situation to an end as soon as possible;
Whereas the Court of Justice has, in a number of judgments, noted the need to attain a degree of harmonization which allows double taxation in intra-Community trade to be avoided;
Whereas it is essential to provide, in specific areas, for transitional measures enabling legislation to be gradually adapted;
Whereas, within the internal market, the satisfactory operation of the value added tax mechanisms means that Community rules with the purpose of avoiding double taxation and distortion of competition between taxable persons must be adopted;
Whereas it is accordingly necessary to amend Directive 77/388/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 77/388/EEC is hereby amended as follows:
1. in Article 11
(a) the following paragraph shall be added to Title A:
'4. By way of derogation from paragraphs 1, 2 and 3, Member States which, on 1 January 1993, did not avail themselves of the option provided for in the third subparagraph of Article 12 (3) (a) may, where they avail themselves of the option provided for in Title B (6), provide that, for the transactions referred to in the second subparagraph of Article 12 (3) (c), the taxable amount shall be equal to a fraction of the amount determined in accordance with paragraphs 1, 2 and 3.
That fraction shall be determined in such a way that the value added tax thus due is, in any event, equal to at least 5 % of the amount determined in accordance with paragraphs 1, 2 and 3.';
(b) the following paragraph shall be added to Title B:
'6. By way of derogation from paragraphs 1 to 4, Member States which, on 1 January 1993, did not avail themselves of the option provided for in the third subparagraph of Article 12 (3) (a) may provide that for imports of the works of art, collectors' items and antiques defined in Article 26a (A) (a), (b) and (c), the taxable amount shall be equal to a fraction of the amount determined in accordance with paragraphs 1 to 4.
That fraction shall be determined in such a way that the value added tax thus due on the import is, in any event, equal to at least 5 % of the amount determined in accordance with paragraphs 1 to 4.';
2. in Article 12:
(a) paragraph 3 (c) shall be replaced by the following:
'(c) Member States may provide that the reduced rate, or one of the reduced rates, which they apply in accordance with the third paragraph of (a) shall also apply to imports of works of art, collectors' items and antiques as referred to in Article 26a (A) (a), (b) and (c).
Where they avail themselves of this option, Member States may also apply the reduced rate to supplies of works of art, within the meaning of Article 26a (A) (a):
- effected by their creator or his successors in title,
- effected on an occasional basis by a taxable person other than a taxable dealer, where these works of art have been imported by the taxable person himself or where they have been supplied to him by their creator or his successors in title or where they have entitled him to full deduction of value-added tax.';
(b) paragraph 5 shall be replaced by the following:
'5. Subject to paragraph 3 (c), the rate applicable on the importation of goods shall be that applied to the supply of like goods within the territory of the country.';
3. the following Article shall be inserted:
'Article 26a
Special arrangements applicable to second-hand goods, works of art, collectors' items and antiques
A. Definitions
For the purposes of this Article, and without prejudice to other Community provisions:
(a) works of art shall mean the objects referred to in (a) of Annex I.
However, Member States shall have the option of not considering as "works of art" the items mentioned in the final three indents in (a) in Annex I;
(b) collectors items shall mean the objects referred to in (b) of Annex I;
(c) antiques shall mean the objects referred to in (c) of Annex I;
(d) second-hand goods shall mean tangible movable property that is suitable for further use as it is or after repair, other than works of art, collectors' items or antiques and other than precious metals or precious stones as defined by the Member States;
(e) taxable dealer shall mean a taxable person who, in the course of his economic activity, purchases or acquires for the purposes of his undertaking, or imports with a view to resale, second-hand goods and/or works of art, collectors' items or antiques, whether that taxable person is acting for himself or on behalf of another person pursuant to a contract under which commission is payable on purchase or sale;
(f) organizer of a sale by public auction shall mean any taxable person who, in the course of his economic activity, offers goods for sale by public auction with a view to handing them over to the highest bidder;
(g) principal of an organizer of a sale by public auction shall mean any person who transmits goods to an organizer of a sale by public auction under a contract under which commission is payable on a sale subject to the following provisions:
- the organizer of the sale by public auction offers the goods for sale in his own name but on behalf of his principal,
- the organizer of the sale by public auction hands over the goods, in his own name but on behalf of his principal, to the highest bidder at the public auction.
B. Special arrangements for taxable dealers
1. In respect of supplies of second-hand goods, works of art, collectors' items and antiques effected by taxable dealers, Member States shall apply special arrangements for taxing the profit margin made by the taxable dealer, in accordance with the following provisions.
2. The supplies of goods referred to in paragraph 1 shall be supplies, by a taxable dealer, of second-hand goods, works of art, collectors' items or antiques supplied to him within the Community:
- by a non-taxable person,
or
- by another taxable person, in so far as the supply of goods by that other taxable person is exempt in accordance with Article 13 (B) (c),
or
- by another taxable person in so far as the supply of goods by that other taxable person qualifies for the exemption provided for in Article 24 and involves capital assets,
or
- by another taxable dealer, in so far as the supply of goods by that other taxable dealer was subject to value added tax in accordance with these special arrangements.
3. The taxable amount of the supplies of goods referred to in paragraph 2 shall be the profit margin made by the taxable dealer, less the amount of value added tax relating to the profit margin. That profit margin shall be equal to the difference between the selling price charged by the taxable dealer for the goods and the purchase price.
For the purposes of this paragraph, the following definitions shall apply:
- selling price shall mean everything which constitutes the consideration, which has been, or is to be, obtained by the taxable dealer from the purchaser or a third party, including subsidies directly linked to that transaction, taxes, duties, levies and charges and incidental expenses such as commission, packaging, transport and insurance costs charged by the taxable dealer to the purchaser but excluding the amounts referred to in Article 11 (A) (3),
- purchase price shall mean everything which constitutes the consideration defined in the first indent, obtained, or to be obtained, from the taxable dealer by his supplier.
4. Member States shall entitle taxable dealers to opt for application of the special arrangements to supplies of:
(a) works of art, collectors' items or antiques which they have imported themselves;
(b) works of art supplied to them by their creators or their successors in title;
(c) works of art supplied to them by a taxable person other than a taxable dealer where the supply by that other taxable person was subject to the reduced rate pursuant to Article 12 (3) (c).
Member States shall determine the detailed rules for exercising this option which shall in any event cover a period at least equal to two calendar years.
If the option is taken up, the taxable amount shall be determined in accordance with paragraph 3. For supplies of works of art, collectors' items or antiques which the taxable dealer has imported himself, the purchase price to be taken into account in calculating the margin shall be equal to the taxable amount on importation, determined in accordance with Article 11 (B), plus the value added tax due or paid on importation.
5. Where they are effected in the conditions laid down in Article 15, the supplies of second-hand goods, works of art, collectors' item or antiques subject to the special arrangements for taxing the margin shall be exempt.
6. Taxable persons shall not be entitled to deduct from the tax for which they are liable the value added tax due or paid in respect of goods which have been, or are to be, supplied to them by a taxable dealer, in so far as the supply of those goods by the taxable dealer is subject to the special arrangements for taxing the margin.
7. In so far as goods are used for the purpose of supplies by him subject to the special arrangements for taxing the margin, the taxable dealer shall not be entitled to deduct from the tax for which he is liable:
(a) the value added tax due or paid in respect of works af art, collectors' items or antiques which he has imported himself;
(b) the value added tax due or paid in respect of works of art which have been, or are to be, supplied to him by their creators or their successors in title;
(c) the value added tax due or paid in respect of works of art which have been, or are to be, supplied to him by a taxable person other than a taxable dealer.
8. Where he is led to apply both the normal arrangements for value added tax and the special arrangements for taxing the margin, the taxable dealer must follow separately in his accounts the transactions falling under each of these arrangements, according to rules laid down by the Member States,
9. The taxable dealer may not indicate separately on the invoices which he issues, or on any other document serving as an invoice, tax relating to supplies of goods which he makes subject to the special arrangements for taxing the margin.
10. In order to simplify the procedure for charging the tax and subject to the consultation provided for in Article 29, Member States may provide that, for certain transactions or for certain categories of taxable dealers, the taxable amount of supplies of goods subject to the special arrangements for taxing the margin shall be determined for each tax period during which the taxable dealer must submit the return referred to in Article 22 (4).
In that event, the taxable amount for supplies of goods to which the same rate of value added tax is applied shall be the total margin made by the taxable dealer less the amount of value added tax relating to that margin.
The total margin shall be equal to the difference between:
- the total amount of supplies of goods subject to the special arrangements for taxing the margin effected by the taxable dealer during the period; that amount shall be equal to the total selling prices determined in accordance with paragraph 3,
and
- the total amount of purchases of goods as referred to in paragraph 2 effected, during that period, by the taxable dealer; that amount shall be equal to the total purchase prices determined in accordance with paragraph 3.
Member States shall take the necessary measures to ensure that the taxable persons concerned do not enjoy unjustfied advantages or sustain unjustified loss.
11. The taxable dealer may apply the normal value added tax arrangements to any supply covered by the special arrangements pursuant to paragraph 2 or 4.
Where the taxable dealer applies the normal value added tax arrangements to:
(a) the supply of a work of art, collectors' item or antique which he has imported himself, he shall be entitled to deduct from his tax liability the value added tax due or paid on the import of those goods;
(b) the supply of a work of art supplied to him by its creator or his successors in title, he shall be entitled to deduct from his tax liability the value added tax due or paid for the work of art supplied to him;
(c) the supply of a work of art supplied to him by a taxable person other than a taxable dealer, he shall be entitled to deduct from his tax liability the value added tax due or paid for the work of art supplied to him.
This right to deduct shall arise at the time when the tax due for the supply in respect of which the taxable dealer opts for application of the normal value added tax arrangements become chargeable.
C. Special arrangements for sales by public auction
1. By way of derogation from B, Member States may determine, in accordance with the following provisions, the taxable amount of supplies of second-hand goods, works of art, collectors' items or antiques effected by an organizer of sales by public auction, acting in his own name, pursuant to a contract under which commission is payable on the sale of those goods by public auction, on behalf of:
- a non-taxable person,
or
- another taxable person, in so far as the supply of goods, within the meaning of Article 5 (4) (c), by that other taxable person is exempt in accordance with Article 13 (B) (c),
or
- another taxable person, in so far as the supply of goods, within the meaning of Article 5 (4) (c), by that other taxable person qualifies for the exemption provided for in Article 24 and involves capital assets,
or
- a taxable dealer, in so far as the supply of goods, within the meaning of Article 5 (4) (c), by that other taxable dealer, is subject to tax in accordance with the special arrangements for taxing the margin provided for in B.
2. The taxable amount of each supply of goods referred to in paragraph 1 shall be the total amount invoiced in accordance with paragraph 4 to the purchaser by the organizer of the sale by public auction, less:
- the net amount paid or to be paid by the organizer of the sale by public auction to his principal, determined in accordance with paragraph 3,
and
- the amount of the tax due by the organizer of the sale by public auction in respect of his supply.
3. The net amount paid or to be paid by the organizer of the sale by public auction to his principal shall be equal to the difference between:
- the price of the goods at public auction,
and
- the amount of the commission obtained or to be obtained by the organizer of the sale by public auction from his principal, under the contract whereby commission is payable on the sale.
4. The organizer of the sale by public auction must issue to the purchaser an invoice or a document in lieu itemizing:
- the auction price of the goods,
- taxes, dues, levies and charges,
- incidental expenses such as commission, packing, transport and insurance costs charged by the organizer to the purchaser of the goods.
That invoice must not indicate any value added tax separately.
5. The organizer of the sale by public auction to whom the goods were transmitted under a contract whereby commission is payable on a public auction sale must issue a statement to his principal.
That statement must itemize the amount of the transaction, i.e. the auction price of the goods less the amount of the commission obtained or to be obtained from the principal.
A statement so drawn up shall serve as the invoice which the principal, where he is a taxable person, must issue to the organizer of the sale by public auction in accordance with Article 22 (3).
6. Organizers of sales by public auction who supply goods under the conditions laid down in paragraph 1 must indicate in their accounts, in suspense accounts:
- the amounts obtained or to be obtained from the purchaser of the goods,
- the amount reimbursed or to be reimbursed to the vendor of the goods.
These amounts must be duly substantiated.
7. The supply of goods to a taxable person who is an organizer of sales by public auction shall be regarded as being effected when the sale of those goods by public auction is itself effected.
D. Transitional arrangements for the taxation of trade between Member States
During the period referred to in Article 28l, Member States shall apply the following provisions:
(a) supplies of new means of transport, within the meaning of Article 28a (2), effected within the conditions laid down in Article 28c (A) shall be excluded from the special arrangements provided for in B and C;
(b) by way of derogation from Article 28a (1) (a), intra-Community acquisitions of second-hand goods, works of art, collectors' items or antiques shall not be subject to value added tax where the vendor is a taxable dealer acting as such and the goods acquired have been subject to tax in the Member State of departure of the dispatch or transport, in accordance with the special arrangements for taxing the margin provided for in B, or where the vendor is an organizer of sales by public auction acting as such and the goods acquired have been subject to tax in the Member State of departure of the dispatch or transport, in accordance with the special arrangements provided for in C;
(c) Articles 28b (B) and 28c (A) (a), (c) and (d) shall not apply to supplies of goods subject to value added tax in accordance with either of the special arrangements laid down in B and C.';
4. the following paragraph shall be inserted in Article 28:
'1a. Until a date which may not be later than 30 June 1999, the United Kingdom of Great Britain and Northern Ireland may, for imports of works of art, collectors' items or antiques which qualified for an exemption on 1 January 1993, apply Article 11 (B) (6) in such a way that the value added tax due on importation is, in any event, equal to 2,5 % of the amount determined in accordance with Article 11 (B) (1) to (4).';
5. the following subparagraph shall be added to Article 28 (2) (e):
'This provision may not apply to supplies of second-hand goods, works of art, collectors' items or antiques subject to value added tax in accordance with one of the special arrangements provided for an Article 26a (B) and (C).';
6. Article 28a (2) (b) shall be amended as follows:
'(b) the means of transport referred to in (a) shall not be considered to be "new" where both of the following conditions are simultaneously fulfilled:
- they were supplied more than three months after the date of first entry into service. However, this period shall be increased to six months for the motorized land vehicles defined in (a),
- they have travelled more than 6 000 kilometres in the case of land vehicles, sailed for more than 100 hours in the case of vessels, or flown for more than 40 hours in the case of aircraft.
Member States shall lay down the conditions under which the above facts can be regarded as established.';
7. the following Title and Article shall be inserted:
'
TITLE XVIb
TRANSITIONAL PROVISIONS APPLICABLE IN THE FIELD OF SECOND-HAND GOODS, WORKS OF ART, COLLECTORS' ITEMS AND ANTIQUES
Article 28o
1. Member States which at 31 December 1992 were applying special tax arrangements other than those provided for in Article 26a (B) to supplies of second-hand means of transport effected by taxable dealers my continue to apply those arrangements during the period referred to in Article 28l in so far as they comply with, or are adjusted to comply with, the following conditions:
(a) the special arrangements shall apply only to supplies of the means of transport referred to in Article 28a (2) (a) and regarded as second-hand goods within the meaning of Article 26a (A) (d), effected by taxable dealers within the meaning of Article 26a (A) (e), and subject to the special tax arrangements for taxing the margin pursuant to Article 26a (B) (1) and (2). Supplies of new means of transport within the meaning of Article 28a (2) (b) that are carried out under the conditions specified in
Article 28c (A) shall be excluded from these special arrangements;
(b) the tax due in respect of each supply referred to in (a) is equal to the amount of tax that would be due if that supply had been subject to the normal arrangements for value added tax, less the amount of value added tax regarded as being incorporated in the purchase price of the means of transport by the taxable dealer;
(c) the tax regarded as being incorporated in the purchase price of the means of transport by the taxable dealer shall be calculated according to the following method:
- the purchase price to be taken into account shall be the purchase price within the meaning of Article 26a (B) (3),
- that purchase price paid by the taxable dealer shall be deemed to include the tax that would have been due if the taxable dealer's supplier had subjected the supply to the normal value added tax arrangements,
- the rate to be taken into account shall be the rate applicable within the meaning of Article 12 (1), in the Member State within which the place of the supply to the taxable dealer, determined in accordance with Article 8, is deemed to be situated;
(d) the tax due in respect of each supply as referred to in (a), determined in accordance with the provisions of (b), may not be less than the amount of tax that would be due if that supply had been subject to the special arrangements for taxing the margin in accordance with Article 26a (B) (3).
For the application of the above provisions, the Member States have the option of providing that if the supply had been subject to the special arrangements for taxation of the margin, that margin would not have been less than 10 % of the selling price, within the meaning of B (3);
(e) the taxable dealer shall not be entitled to indicate separately on the invoices he issues, or on any other document in lieu, tax relating to supplies which he is subjecting to the special arrangements;
(f) taxable persons shall not be entitled to deduct from the tax for which they are liable tax due or paid in respect of second-hand means of transport supplied to them by a taxable dealer, in so far as the supply of those goods by the taxable dealer is subject to the tax arrangements in accordance with (a);
(g) by way of derogation from Article 28a (1) (a), intra-Community acquisitions of means of transport are not subject to value added tax where the vendor is a taxable dealer acting as such and the second-hand means of transport acquired has been subject to the tax, in the Member State of departure of the dispatch or transport, in accordance with (a);
(h) Articles 28b (B) and 28c (A) (a) and (d) shall not apply to supplies of second-hand means of transport subject to tax in accordance with (a).
2. By way of derogation from the first sentence of paragraph 1, the Kingdom of Denmark shall be entitled to apply the special tax arrangements laid down in paragraph 1 (a) to (h) during the period referred to in Article 28l.
3. Where they apply the special arrangements for sales by public auction provided for in Article 26a (C), Member States shall also apply these special arrangements to supplies of second-hand means of transport effected by an organizer of sales by public auction acting in his own name, pursuant to a contract under which commission is payable on the sale of those goods by public auction, on behalf of a taxable dealer, in so far as the supply of the second-hand means of transport, within the meaning of
Article 5
(4) (c), by that other taxable dealer, is subject to tax in accordance with paragraphs 1 and 2.
4. For supplies by a taxable dealer of works of art, collectors' items or antiques that have been supplied to him under the conditions provided for in Article 26a (B) (2), the Federal Republic of Germany shall be entitled, until 30 June 1999, to provide for the possibility for taxable dealers to apply either the special arrangements for taxable dealers, or the normal VAT arrangements according to the following rules:
(a) for the application of the special arrangements for taxable dealers to these supplies of goods, the taxable amount shall be determined in accordance with Article 11 (A) (1), (2) and (3);
(b) in so far as the goods are used for the needs of his operations which are taxed in accordance with (a), the taxable dealer shall be authorized to deduct from the tax for which he is liable:
- the value added tax due or paid for works of art, collectors' items or antiques which are or will be supplied to him by another taxable dealer, where the supply by that other taxable dealer has been taxed in accordance with (a),
- the value added tax deemed to be included in the purchase price of the works of art, collectors' items or antiques which are or will be supplied to him by another taxable dealer, where the supply by that other taxable dealer has been subject to value added tax in accordance with the special arrangements for the taxation of the margin provided for in Article 26a (B), in the Member State within whose territory the place of that supply, determined in accordance with Article 8, is deemed to be situated.
This right to deduct shall arise at the time when the tax due for te supply taxed in accordance with (a) becomes chargeable;
(c) for the application of the provisions laid down in the second indent of (b), the purchase price of the works of art, collectors' items or antiques the supply of which by a taxable dealer is taxed in accordance with (a) shall be determined in accordance with Article 26a (B) (3) and the tax deemed to be included in this purchase price shall be calculated according to the following method:
- the purchase price shall be deemed to include the value added tax that would have been due if the taxable margin made by the supplier had been equal to 20 % of the purchase price,
- the rate to be taken into account shall be the rate applicable, within the meaning of Article 12 (1), in the Member State within whose territory the place of the supply that is subject to the special arrangements for taxation of the profit margin, determined in accordance with Article 8, is deemed to be situated;
(d) where he applies the normal arrangements for value added tax to the supply of a work of art, collectors' item or antique which has been supplied to him by another taxable dealer and where the goods have been taxed in accordance with (a), the taxable dealer shall be authorized to deduct from his tax liability the value added tax referred to in (b);
(e) the category of rates applicable to these supplies of goods shall be that which was applicable on 1 January 1993;
(f) for the application of the fourth indent of Article 26a (B) (2), the fourth indent of Article 26a (C) (1) and Article 26a (D) (b) and (c), the supplies of works of art, collectors' items or antiques, taxed in accordance with (a), shall be deemed by Member States to be supplies subject to value added tax in accordance with the special arrangements for taxation of the profit margin provided for in Article 26a (B);
(g) where the supplies of works of art, collectors' items or antiques taxed in accordance with (a) are effected under the conditions provided for in Article 28c (A), the invoice issued in accordance with Article 22 (3) shall contain an endorsement indicating that the special taxation arrangements for taxing the margin provided for in Article 28o (4) have been applied.';
8. the derogation provided for in Article 28 (3) (e) relating to Article 5 (4) (c) shall be deleted;
9. Article 32 shall be deleted;
10. the Annex to this Directive shall be added as Annex I.
Article 2
Member States may take measures concerning the right to deduct value added tax in order to avoid the taxable dealers concerned enjoying unjustified advantages or sustaining unjustified loss.
Article 3
Acting unanimously on a proposal from the Commission, the Council may authorize any Member State to introduce particular measures for the purpose of combating fraud, by providing that the tax due in application of the arrangements for taxing the profit margin provided for in Article 26a (B) cannot be less than the amount of tax which would be due if the profit margin were equal to a certain percentage of the selling price. This percentage shall be fixed taking into account the normal profit margins realized by economic operators in the sector concerned.
Article 4
1. Member States shall adapt their present value added tax system to this Directive.
They shall bring into force such laws, regulations and administrative provisions as are necessary for their system thus adapted to enter into force on 1 January 1995 at the latest.
2. Member States shall inform the Commission of the provisions which they adopt to apply this Directive.
3. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.
4. When Member States adopt such provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 14 February 1994. | [
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COMMISSION REGULATION (EC) No 1609/95 of 3 July 1995 amending Regulation (EEC) No 1726/92 laying down detailed implementing rules for the specific measures for supplying the Azores and Madeira with products from the eggs and poultrymeat sectors
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, introducing specific measures for the Azores and Madeira concerning certain agricultural products (1), as amended by Council Regulation (EC) No 3290/94 (2), and in particular Article 10 thereof,
Whereas Commission Regulation (EEC) No 1726/92 (3), as amended by Regulation (EEC) No 2486/94 (4), fixes for the period 1 July 1992 to 30 June 1993 the quantities of breeding material originating in the Community which benefit from an aid with a view to developing the potential for production in the Azores and Madeira; whereas these quantities should be determined for the egg and poultrymeat sectors for the period 1 July 1995 to 30 June 1996, taking account of local production and traditional trade flows and ensuring that the proportion of products supplied from the Community is preserved;
Whereas the fact that the Community aid is fixed in the light of the present situation on the market for the products in question and in particular of the prices for such products in the European part of the Community and on the world market results in the aid for the supply of egg and poultrymeat to the Azores and Madeira being fixed at the amounts given in the Annex;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Eggs and Poultrymeat,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 1726/92 is hereby replaced by the Annex 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 from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1995. | [
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Commission Regulation (EC) No 897/2001
of 7 May 2001
correcting Regulations (EC) No 437/2001 and (EC) No 677/2001 fixing the specific exchange rate for the amount of the reimbursement of storage costs in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 1527/2000(2),
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(3),
Having regard to Commission Regulation (EEC) No 1713/93 of 30 June 1993 establishing special detailed rules for applying the agricultural conversion rate in the sugar sector(4), as last amended by Regulation (EC) No 1642/1999(5), and in particular Article 1(3) thereof,
Whereas:
(1) The specific exchange rates for the amount of the reimbursement of the storage costs in the sugar sector for February and March 2001 respectively were fixed by Commission Regulations (EC) No 437/2001(6) and (EC) No 677/2001(7).
(2) An error has been discovered in the Annexes to Regulations (EC) No 437/2001 and (EC) No 677/2001. The Regulations in question should therefore be corrected.
(3) In order to safeguard operators' rights, the period of application of Article 1(1) should correspond to that of Regulation (EC) No 437/2001 and that of Article 1(2) to the entry into force of this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. In the Annex to Regulation (EC) No 437/2001, the rate "0,63346" for the pound sterling is replaced by "0,633461".
2. In the Annex to Regulation (EC) No 677/2001, the rate "0,62993" for the pound sterling is replaced by "0,629926".
Article 2
This Regulation shall enter into force on 8 May 2001.
However, Article 1(1) shall apply from 1 February 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 May 2001. | [
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COMMISSION REGULATION (EEC) No 2250/91 of 26 July 1991 re-establishing the levying of customs duties on products falling within CN codes 7407 and 7411 originating in Mexico, 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), 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 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 codes 7407 and 7411, originating in Mexico, the individual ceiling was fixed at 3 308 000; whereas, on 10 July 1991, imports of these products into the Community originating in Mexico 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 Mexico,
HAS ADOPTED THIS REGULATION:
Article 1
As from 30 July 1991, the levying of customs duties, suspended pursuant to Regulation (EEC) No 3831/90, shall be re-established on imports into the Community of the following products originating in Mexico:
Order No CN code Description 10.0920 ex 7407 21 90 Copper bars, rods and profiles
Of copper alloys
Of copper-zinc base alloys (brass)
Hollow profiles ex 7407 22 10 Of copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel silver)
Hollowprofiles ex 7407 22 90 Of copper-nickel-zinc base alloys (nickel silver)
Hollow profiles ex 7407 29 00 Other
Hollow profiles 7411 Copper tubes and pipes
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1991. | [
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Regulation (EC) No 2152/2003 of the European Parliament and of the Council
of 17 November 2003
concerning monitoring of forests and environmental interactions in the Community (Forest Focus)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),
Whereas:
(1) Forests have an important multifunctional role for society. Apart from their significant role in the development of rural areas, forests have a major value for nature conservation, play an important role in preserving the environment, are key elements of the carbon cycle and significant carbon sinks and represent a critical controlling factor of the hydrological cycle.
(2) The condition of forests can be seriously affected by natural factors such as extreme weather conditions, attacks from parasites and diseases or human influences such as climate change, fires and air pollution. Such threats can seriously distort and even destroy forests. Most natural and anthropogenic factors affecting forests can have cross-border effects.
(3) The Communication from the Commission to the European Parliament and the Council on a forestry strategy for the European Union stressed the need to protect the natural environment and the forest heritage, to manage forests sustainably and to support international and pan-European cooperation concerning the protection of forests, making reference to forest monitoring and the promotion of forests as carbon sinks. The Council, in its resolution of 15 December 1998 on a forestry strategy for the European Union(5), called upon the Commission to evaluate and improve continuously the effectiveness of the European monitoring system of forest health and to take into account all the potential impacts on forest ecosystems. It also called upon the Commission to pay special attention to the development of the Community forest fire information system, which enables the effectiveness of the protection measures against fires to be better assessed.
(4) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the sixth Community environment action programme(6) identifies the need to base the drawing-up, implementation and evaluation of environmental policies on a knowledge-based approach and, in particular, the need for monitoring the multiple roles of forests in line with recommendations adopted by the Ministerial Conference on the Protection of Forests in Europe and the United Nations Forum on Forests and the Convention on Biodiversity and other forums.
(5) The Community and the Member States are committed to implementing internationally agreed activities relating to the conservation and protection of forests, in particular, the proposals for actions of the intergovernmental panel and Forum on Forests, the expanded work programme on forest biological diversity of the Convention on Biological Diversity, as well as the United Nations Framework Convention on Climate Change and the Kyoto Protocol.
(6) The Community has already addressed two of the causes adversely affecting forest ecosystem conditions by means of Council Regulation (EEC) No 3528/86 of 17 November 1986 on the protection of the Community's forests against atmospheric pollution(7) and Council Regulation (EEC) No 2158/92 of 23 July 1992 on protection of the Community's forests against fire(8).
(7) Both regulations expired on 31 December 2002 and it is in the general interest of the Community to continue and further develop the monitoring activities established by those regulations by integrating them into a new scheme called "Forest Focus".
(8) The scheme should be reconciled with existing national, European and international systems, having due regard for the Community's competence in respect of forests, in accordance with its forestry strategy and without prejudice to the principle of subsidiarity.
(9) Measures under the scheme concerning forest fire monitoring should complement those measures which are undertaken, in particular, pursuant to Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection(9), Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(10) and Council Regulation (EEC) No 1615/89 of 29 May 1989 establishing a European forestry information and communication system (EFICS)(11).
(10) The scheme should encourage the exchange of information on the condition of and harmful influences on forests in the Community and enable the evaluation of ongoing measures to promote conservation and protection of forests for the benefit of sustainable development, with particular emphasis on actions taken to reduce impacts negatively affecting forests.
(11) The protection of forest from fires is a matter of particular importance and urgency in order, inter alia, to fight against desertification and to avoid their negative effects on climate change. It is crucial to avoid any interruption of the actions put in place by Member States in accordance with the expired Regulation (EEC) No 2158/92. Therefore, this Regulation should cover preventive measures that are not supported by Regulation (EC) No 1257/99 and not included in national or regional rural development programmes.
(12) In order to promote a comprehensive understanding of the relationship between forests and the environment, the scheme should also include monitoring of other important factors such as biodiversity, carbon sequestration, climate change, soils and the protective function of forests. The scheme should therefore comprise actions in order to provide for a broader range of objectives and a flexible implementation, while building on the achievements made pursuant to Regulations (EEC) No 3528/86 and (EEC) No 2158/92. It should provide for appropriate, cost-efficient monitoring of forests and environmental interactions.
(13) The Member States should implement the scheme through national programmes to be approved by the Commission following a procedure to be set up.
(14) The Commission, in cooperation with the Member States, should ensure the coordination, monitoring and development of the scheme and report on it, in particular to the Standing Forestry Committee set up by Council Decision 89/367/EEC(12).
(15) The monitoring of forests and environmental interactions can only provide reliable and comparable information to protect forests in the Community if data are collected on the basis of harmonised methods. Such comparable information at Community level would contribute towards the establishment of a platform containing spatial data deriving from various sources of common environmental information systems. It is therefore appropriate to prepare manuals laying down the methods to be used for monitoring the condition of forests, the format of the data and rules for data handling.
(16) The Commission should use the data collected under this scheme in relation to carbon sequestration, climate change and impact on biodiversity in order to contribute to the reporting commitments under the relevant conventions and protocols, consistently with their provisions. If problems of inconsistency arise, the Commission should take any possible action with a view to reaching a positive solution.
(17) The Commission and the Member States should cooperate with other international bodies in the field of forest monitoring at an international or pan-European level, and, in particular, the international cooperative programme on assessment and monitoring of air pollution effects on forests (hereinafter referred to as "ICP Forests"), in order to promote conservation and protection of forests for the benefit of sustainable development.
(18) 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(13), for the budgetary authority during the annual budgetary procedure.
(19) It is appropriate to determine the volume of the Community contribution to activities financed under the scheme.
(20) In order to ensure the continuity of monitoring activities there is a need exceptionally to allow expenditure incurred by a Member State to be eligible for co-financing if it relates to actions that were launched after 1 January 2003 and before the entry into force of this Regulation, provided that these actions have not been completed when the Commission approves the related national programme.
(21) Member States should designate the authorities and agencies responsible for the handling and forwarding of data and for the administration of the Community contribution.
(22) Member States should also draw up reports on various monitoring activities, which should be submitted to the Commission.
(23) The data should be disseminated taking into account the UN/ECE 1998 Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention) and relevant Community provisions on access to environmental information.
(24) The measures of general scope 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(14).
(25) The Standing Forestry Committee should assist the Commission by use of the regulatory procedure in accordance with the criteria set out in Article 2(b) of that Decision.
(26) It is important to keep the scheme under review and assess its effectiveness, in order to identify needs to be addressed. The Commission should report to the European Parliament and to the Council on the implementation of the scheme, in particular in view of its continuation beyond the implementation period fixed in this Regulation.
(27) Since the objectives of the proposed action, namely the monitoring of forests, their condition and environment interactions, cannot be sufficiently achieved by the Member States and can, therefore, 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 Regulation does not go beyond what is necessary in order to achieve those objectives.
(28) The Europe Agreements between the European Communities and their Member States, of the one part, and the candidate countries of central and eastern Europe, of the other part, provide for participation of these countries in Community programmes, in particular in the field of the environment. The scheme should also be open to participation by other European countries.
(29) In the light of the expiry of Regulations (EEC) No 3528/86 and (EEC) No 2158/92 and in order to avoid any overlap or discontinuity it is appropriate for this Regulation to apply from 1 January 2003,
HAVE ADOPTED THIS REGULATION:
SECTION 1 Objectives, content and definitions
Article 1
1. A Community scheme for broad-based, harmonised and comprehensive, long-term monitoring of the condition of forests, (hereinafter referred to as "the scheme") is hereby established to:
(a) continue and further develop:
- monitoring of air pollution and air pollution effects and of other agents and factors that have an impact on forests, such as biotic and abiotic factors and factors of anthropogenic origin,
- monitoring of forest fires and their causes and effects,
- forest fire prevention;
(b) assess the requirements for and develop the monitoring of soils, carbon sequestration, climate change effects and biodiversity, as well as protective functions of forests;
(c) continuously evaluate the efficiency of the monitoring activities in the assessment of the condition of forests and the further development of monitoring activity.
The scheme shall provide reliable and comparable data and information on the condition of and harmful influences on forests at Community level. It shall also help to evaluate ongoing measures to promote conservation and protection of forests for the benefit of sustainable development, with particular emphasis on actions taken to reduce impacts negatively affecting forests. The scheme will take account of, and where appropriate link to, existing and planned national, European and global monitoring mechanisms and will be in line with relevant international agreements.
2. Where reference is made to forests in this Regulation, Member States may include other wooded land. Where reference is made to forests in the context of forest fires in this Regulation, Member States may in addition include other land.
3. In France, the scheme shall not be applicable to the overseas departments.
Article 2
1. The scheme shall provide for actions designed to:
(a) promote harmonised collection, handling and assessment of data;
(b) improve data evaluation and promote integrated data evaluation at Community level;
(c) improve the quality of data and information gathered under the scheme;
(d) further develop the monitoring activity of the scheme;
(e) enhance the understanding of forests and, in particular, the impact of natural and anthropogenic stresses;
(f) study the dynamics of forest fires and their causes and impacts on forests;
(g) develop indicators as well as methodologies for risk assessment concerning multiple stresses on forests over time and space.
2. The actions set out in paragraph 1 shall be complementary to Community research programmes.
Article 3
For the purposes of this Regulation, the following definitions shall apply:
(a) "forest" means land with tree crown cover (or equivalent stocking level) of more than 10 % and area of more than 0,5 ha. The trees should be able to reach a minimum height of 5 m at maturity in situ. It may consist either of closed forest formations where trees of various storeys and undergrowth cover a high proportion of the ground, or of open forest formations with a continuous vegetation cover in which tree crown cover exceeds 10 %. Young natural stands and all plantations established for forestry purposes which have yet to reach a crown density of 10 % or tree height of 5 m are included under forest, as are areas normally forming part of the forest area which are temporarily unstocked as a result of human intervention or natural causes but which are expected to revert to forest. The definition of "forest" includes: forest nurseries and seed orchards that constitute an integral part of the forest; forest roads, cleared tracts, firebreaks and other small open areas within the forest; forest in national parks, nature reserves and other protected areas such as those of special environmental, scientific, historical, cultural or spiritual interest; windbreaks and shelterbelts of trees with an area of more than 0,5 ha and a width of more than 20 m. Rubberwood plantations and cork oak stands are included. However, the definition of "forest" excludes: land predominantly used for agricultural practices;
(b) "other wooded land" means land either with a tree crown cover (or equivalent stocking level) of 5 to 10 % of trees able to reach a height of 5 m at maturity in situ, or a crown cover (or equivalent stocking level) of more than 10 % of trees not able to reach a height of 5 m at maturity in situ (e.g. dwarf or stunted trees) and shrub or bush cover. The definition of "other wooded land" excludes: areas having the tree, shrub or bush cover specified above but of less than 0,5 ha and width of 20 m, which are classed under "other land"; land predominantly used for agricultural practices;
(c) "other land" means land not classified as forest or other wooded land as defined in this Regulation, but which nonetheless has been included in forest fire statistics under national law. Such land may include heathland, waste land or agricultural land adjoining or enclosed by forest land;
(d) "forest fire" means fire which breaks out and spreads on forest and other wooded land or which breaks out on other land and spreads to forest and other wooded land. The definition of "forest fire" excludes: prescribed or controlled burning, usually with the aim of reducing or eliminating the quantity of accumulated fuel on the ground;
(e) "geo-referenced" means a reference to a specific geographic area within which data or other information is gathered. The area referred to may be larger than the area or point from which the data/information is gathered, for example in order to ensure anonymity as regards the source of gathered data/information.
SECTION 2 Monitoring and tools to improve and develop the scheme
Article 4
1. Building on the achievements of Regulation (EEC) No 3528/86, the scheme shall:
(a) continue and further develop the systematic network of observation points in order to conduct periodic inventories in order to gather representative information on the condition of forests;
(b) continue and further develop the network of observation plots, on which intensive and continuous monitoring of forests is carried out.
2. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 5
1. Building on the achievements of Regulation (EEC) No 2158/92, the scheme shall continue and further develop the information system in order to collect comparable information on forest fires at Community level.
2. The scheme shall allow Member States to conduct studies on the identification of the causes and dynamics of forest fires, as well as on their impacts on forests. Those studies shall complement activities and measures relating to forest fires undertaken in accordance with Decision 1999/847/EC, Regulation (EC) No 1257/1999 and Regulation (EEC) No 1615/89.
In addition and up to 31 December 2005, awareness-raising campaigns and special training for agents involved in fire prevention interventions shall be financed separately in accordance with Article 13(1), unless such measures are included in the rural development programmes.
3. Forest fire prevention measures which were eligible under Regulation (EEC) No 2158/92 shall be financed in accordance with Articles 12(2)b and 13(1), provided that they are not supported by Regulation (EC) No 1257/1999 and that they are not included in the national/regional rural development programmes.
4. Member States may, at their request, participate in the measures and activities referred to in paragraphs 1 and 2.
5. Detailed rules for the implementation of paragraphs 1 and 2 shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 6
1. For the realisation of the objectives set out in Article 1(1)(b) the scheme shall be developed by means of studies, experiments, demonstration projects, testing on a pilot basis and establishment of new monitoring activities. The Commission shall, in cooperation with the Member States, develop the scheme, in particular to:
(a) enhance the knowledge of the condition of forests and other wooded land as well as the relationship between their condition and natural and anthropogenic stress factors;
(b) assess impacts of climate change on forests and other wooded land, including impacts on their biological diversity and their relationship with carbon sequestration and soil;
(c) taking into account the relevant existing indicators, identify key structural and functional ecosystem elements to be used as indicators for assessing status and trends of biological diversity in forests and the protective functions of forests.
2. In parallel with the measures set out in paragraph 1, the Member States may, at the request of the Commission or on their own initiative, carry out studies, experiments, demonstration projects or a monitoring test phase.
3. The measures set out in paragraphs 1 and 2 shall help to identify options for the establishment of new monitoring activities under the scheme, which should contribute substantially to the information and monitoring needs within the fields listed under Article 1(1)(b). The implementation of these activities shall be considered as part of the review referred to in Article 18. When developing the scheme, the Commission shall take account of scientific as well as financial needs and restrictions.
4. Detailed rules for the implementation of paragraphs 1, 2 and 3, including decisions on the implementation of new monitoring activities, shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 7
1. For the realisation of the objectives set out in Article 1(1)(c) and in addition to the actions set out in Article 6, the Commission, in close cooperation with the Member States, shall conduct studies, experiments and demonstration projects in order to:
(a) promote harmonised collection, handling and assessment of data at Community level;
(b) improve data evaluation at Community level;
(c) improve the quality of data and information gathered under the scheme.
2. For the realisation of the objectives set out in Article 1(1)(c) and in addition to the actions set out in Article 6, Member States may integrate in their national programmes studies, experiments and demonstration projects in the areas described under paragraph 1.
3. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).
SECTION 3 National programmes, coordination and cooperation
Article 8
1. The activities provided for in Articles 4, 5, 6(2) and (3) and 7(2) shall be implemented under national programmes, to be drawn up by the Member States for periods of two years.
2. The national programmes shall be submitted to the Commission within 60 days following the entry into force of this Regulation and thereafter before 1 November in the year preceding the commencement date of each three-year period.
3. Member States shall adapt their national programmes with the approval of the Commission, in particular in order to allow for the extension of the monitoring activity, developed in accordance with Article 6, when established.
4. The national programmes shall be accompanied by an ex ante evaluation when they are submitted to the Commission. The Member States shall also carry out mid-term evaluations at the end of the third year of the period indicated in Article 12 and ex post evaluations at the end of that period.
5. The Commission shall, on the basis of the national programmes submitted, or on the basis of any approved adaptations of these national programmes, decide on the financial contributions to the eligible costs.
6. Detailed rules for the implementation of paragraphs 1 to 5 shall be laid down in accordance with the procedure referred to in Article 17(2), taking into account national, European and international monitoring mechanisms in order to avoid any additional administrative burden.
Article 9
1. The Commission, in cooperation with the Member States, shall coordinate, monitor and develop the scheme and shall report on it, in particular to the Standing Forestry Committee.
2. The Commission, in cooperation with the Member States, shall assess data at Community level and shall ensure the evaluation of the collected data and information at Community level in accordance with Article 15.
3. The Commission shall establish a scientific advisory group which shall assist the Standing Forestry Committee in preparing its work, in particular to develop the scheme as referred to in Article 6.
4. To fulfil the tasks laid down in paragraphs 1 and 2, the Commission shall establish a scientific coordination body within the Joint Research Centre, and may consult and contract research institutes and experts, taking full account of the range of different forest ecosystems in the Community.
5. To fulfil its reporting tasks laid down in paragraph 1 the Commission shall be assisted by the European Environmental Agency.
6. Detailed rules for the implementation of paragraph 3 shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 10
1. To harmonise the activities referred to in Articles 4, 5 and 6(3) and to ensure the comparability of data, manuals shall specify mandatory and optional parameters and lay down the monitoring methods as well as the data formats to be used for data transmission. Manuals should build on existing systems where available and appropriate.
2. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 11
1. In the context of the objectives set out in Article 1, the Commission and the Member States shall cooperate and foster synergies with other bodies at an international or pan-European level in order to promote conservation and protection of forests for the benefit of sustainable development.
2. In the context of Article 4, the Commission shall collaborate with ICP Forests to meet obligations set out in the framework of the Convention on Long-range Transboundary Air Pollution.
3. For the purpose of the cooperation referred to in paragraphs 1 and 2, the Community may support the following activities:
(a) establishment of appropriate links to the scientific coordination body;
(b) studies and data evaluations.
SECTION 4 Period of execution and financial aspects
Article 12
1. The scheme shall run for a period of four years from 1 January 2003 to 31 December 2006.
2. For the purposes of the scheme the maximum financial support of the Community to the eligible costs of the national programmes shall be as follows:
(a) activities to be carried out under Article 4: 50 %;
(b) activities to be carried out under Article 5: 50 %;
(c) activities to be carried out under Article 6(2): 75 %;
(d) activities to be carried out under Article 6(3): 50 %;
(e) activities to be carried out under Article 7(2): 50 %.
3. The Commission shall pay the Community contribution to the eligible costs to the Member States.
4. Expenditure incurred by Member States in carrying out national programmes approved by the Commission shall exceptionally be eligible for co-financing if those actions were launched after 1 January 2003 and before the date of entry into force of this Regulation, provided these actions are not complete when the Commission decides upon the national programmes.
5. The Commission shall finance activities to be carried out under Articles 6(1), 7(1) and 9(1), (2) and (4) in accordance with the applicable rules for public procurement.
6. The Community may provide a contribution to the European Environmental Agency for the fulfilment of the tasks set out in Articles 9(5) and 18.
7. The Commission may finance activities of the scientific advisory group referred to in Article 9(3) for the fulfilment of the tasks set out in the detailed rules.
8. The Community may provide a contribution to ICP Forests in order to meet the Community's obligations set out in Article 11(2).
Article 13
1. The financial framework for the implementation of the scheme for the period 2003 to 2006 shall be EUR 61 million, of which EUR 9 million can be used for fire prevention measures.
2. The financial resources fixed in paragraph 1 shall be increased in the case of accession of new Member States to the European Union.
3. The annual appropriations shall be authorised by the budgetary authority within the annual budgetary procedure and the limits of the financial perspective.
SECTION 5 Execution, reporting by Member States, Standing Forestry Committee
Article 14
1. Member States shall designate the bodies competent to manage the activities included in the approved national programmes, on the basis of the financial and operational capacity of those bodies. Those bodies may be either national administrations or other entities, subject to the Commission's approval of private entities with a public service mission providing adequate financial guarantees and complying with the conditions provided for in the detailed rules for the implementation of this paragraph.
2. Without prejudice to the existing competent authorities, Member States shall designate the authorities and agencies empowered to carry out the measures adopted in accordance with this Regulation.
3. Member States shall be responsible for the sound and efficient management of the Community contribution. To that end, they shall adopt the provisions necessary to:
(a) ensure that the activities financed by the Community are actually carried out and that they are carried out in the proper manner, ensuring the visibility of the contribution of the Community;
(b) prevent any irregularity;
(c) recover payments lost as a result of any irregularity or negligence;
(d) ensure that the bodies mentioned in paragraph 1 have proper internal management and control systems;
(e) ensure that, if the bodies mentioned in paragraph 1 are not public entities, Member States stand guarantee for them.
4. Member States shall provide the Commission with all the necessary information and shall make any arrangements which may facilitate checks, including on-the-spot inspections by the Commission or the European Court of Auditors, which the Commission considers appropriate for the purposes of managing Community financing. Member States shall inform the Commission of any arrangements made to this end.
5. Detailed rules for the implementation of paragraphs 1 to 4 shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 15
1. The Member States shall annually, through the designated authorities and agencies, forward to the Commission the data gathered under the scheme, together with a report on them.
The data shall be geo-referenced and transmitted to the Commission by means of computer telecommunications and/or electronic technology. The Commission shall, in close cooperation with the Member States, establish the format and particulars needed for such transmission.
2. The Member States shall actively disseminate the data gathered, on the basis of common formats and standards and through electronic geo-referenced databases, which will be administered in accordance with the principles of the Aarhus Convention and relevant Community provisions on access to environmental information.
3. In order to promote the evaluation of the data and to obtain the highest added value from the use of the data, the Commission's right to use and disseminate data in accordance with the principles of the Aarhus Convention and relevant Community provisions on access to environmental information shall not be restricted. In any such dissemination of data gathered from Member States, the Member States must be accredited as the source.
4. Detailed rules for the implementation of paragraph 1 shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 16
1. Each Member State shall draw up, in particular on the basis of the activities set out in Article 4(1), a report on the national situation regarding condition of forests.
The report shall be transmitted to the Commission no later than 31 December 2005.
2. Each Member State participating in the activities set out in Article 5 shall draw up a report on the national situation regarding the impact of fires on forests.
The report shall be transmitted to the Commission no later than 31 December each year, starting from 2003.
3. Each Member State shall draw up a report on the national situation regarding matters covered by the monitoring activities referred to in Article 6(3), when established.
Guidelines for the reporting and the reporting period shall be laid down in accordance with the procedure referred to in Article 17(2).
Article 17
1. The Commission shall be assisted by the Standing Forestry 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 two months.
3. The Committee shall adopt its Rules of Procedure.
SECTION 6 Reporting by the Commission, review, candidate countries
Article 18
Six months from the date set for the transmission of the reports referred to in Article 16(1) and taking into account all reports transmitted pursuant to Article 16, the Commission, assisted by the European Environment Agency, shall submit a report on the implementation of the scheme to the European Parliament and to the Council, reviewing the effectiveness of the scheme in order to provide a basis for any decisions on the continuation of these activities after 2006. To this end, the Commission is invited to present a proposal.
Article 19
Before the expiry of the period referred to in Article 12(1), the Commission shall submit to the European Parliament and to the Council a report on the implementation of the scheme, taking into account the review referred to in Article 18.
Article 20
This scheme shall be open to participation by:
(a) the candidate countries of central and eastern Europe, in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective association councils;
(b) Cyprus, Malta and Turkey, on the basis of bilateral agreements to be concluded with these countries;
(c) other European countries, optionally, at their own expense.
Article 21
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 January 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 REGULATION (EEC) No 1981/82
of 19 July 1982
drawing up the list of Community regions, in which production aid for hops is granted only to recognized producer groups
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1696/71 of 26 July 1971 on the common organization of the market in hops (1), as last amended by the 1979 Act of Accession, and in particular Article 12 (4) thereof,
Having regard to the proposal from the Commission,
Whereas Article 12 of Regulation (EEC) No 1696/71 provides for the possibility of granting in certain regions of the Community, production aid only to those recognized producer groups which are capable of ensuring that their members receive a fair income and of achieving rational management of supply; whereas a list of the regions in which these conditions are fulfilled is to be drawn up on the basis of communications from the Member States concerned;
Whereas by Regulation (EEC) No 593/79 (2) the Council drew up a list of these regions;
Whereas, since the entry into force of Regulation (EEC) No 593/79, an examination of the information supplied by the United Kingdom establishes that a new region fulfils these conditions as from the 1982 harvest; whereas, consequently, the list of regions in which production aid for hops is granted only to recognized producer associations needs to be altered; whereas, in order to do this, and for the sake of clarity, Regulation (EEC) No 593/79 should be replaced by this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The list of Community regions in which only recognized hop producer groups are eligible for the production aid provided for in Article 12 of Regulation (EEC) No 1696/71 is set out in the Annex. This list shall be valid as from the 1981 harvest for all the indicated regions with the exception of England in respect of which it shall be valid as from the 1982 harvest.
Article 2
Regulation (EEC) No 593/79 is hereby repealed.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 1982. | [
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COMMISSION DECISION
of 18 December 2009
on extending the availability period of European Union macro-financial assistance to Lebanon
(2009/997/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2007/860/EC of 10 December 2007, providing Community macro-financial assistance to Lebanon (1), and in particular Article 1(3) thereof,
Whereas:
(1)
Disbursement of the full amount of European Union macro-financial assistance to Lebanon has not been possible within the two-year time period foreseen in Decision 2007/860/EC, due to delays in implementing reform measures, in particular those identified in the Memorandum of Understanding as being criteria to fully implement the assistance.
(2)
Prospects are that with the appointment of a new government of national unity, the Lebanese authorities will be in a position to implement the reform criteria attached to the implementation of the macro-financial assistance, as set out in the Memorandum of Understanding.
(3)
The Lebanese authorities have implemented in a satisfactory way the economic reform programme agreed with the International Monetary Fund under the Emergency Post-Conflict Assistance (EPCA).
(4)
The availability of the European Union macro-financial assistance to Lebanon, under Decision 2007/860/EC, expires on 21 December 2009.
(5)
An extension of the availability period by one year can therefore be approved.
(6)
The Economic and Financial Committee has been duly consulted on this extension,
HAS DECIDED AS FOLLOWS:
Article 1
The availability period of the European Union macro-financial assistance to Lebanon is extended by one additional year, until 21 December 2010.
Article 2
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 18 December 2009. | [
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COMMISSION REGULATION (EC) No 1994/2004
of 19 November 2004
amending Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the lists 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 Articles10 and 21 thereof,
Whereas:
(1)
Regulation (EC) No 998/2003 lays down the animal health requirements applicable to the non-commercial movement of pet animals and the rules applying to checks on such movement. Part C of Annex II to that Regulation contains a list of third countries where the risk of rabies entering the Community, as a result of movements from their territories of pet animals, has been found to be no higher than the risk associated with such movements between Member States.
(2)
Under Regulation (EC) No 998/2003 a list of third countries was to be drawn up before 3 July 2004. To be included on that list, a third country should demonstrate its rabies status and that it complies with certain conditions relating to notification, monitoring, veterinary services, prevention and control of rabies and regulation of vaccines.
(3)
In order to avoid any unnecessary disturbance in the movements of pet animals, and to allow time for the third countries to provide where necessary additional guarantees, it is appropriate to establish a provisional list of third countries. That list should be based on the data available through the International Office of Epizootie Diseases (OIE-World Organisation for Animal Health), the results of inspections carried out by the Commission's Food and Veterinary Office in the third countries concerned and information gathered by Member States.
(4)
The list should also be based on the data provided by the World Health Organization (WHO), the WHO Collaborating Centre for Rabies Surveillance and Research in Wusterhausen, and the Rabies Bulletin.
(5)
The provisional list of third countries should include countries 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.
(6)
Following requests of the competent authorities of Chile, Hong Kong and the United Arab Emirates to be included in the list in part C of Annex II to Regulation (EC) No 998/2003, it appears appropriate to modify the provisional list established in accordance with Article 10.
(7)
In addition, by Council Decision 2004/650/EC of 13 September 2004 amending Regulation (EC) No 998/2003 (2), Malta was added to the list of countries in part A of Annex II to the Regulation. Consequently specific provisions applying to entries of pet animals into Ireland, Sweden and the United Kingdom should be extended to Malta.
(8)
Finally, measures adopted by Spain in Ceuta and Melilla as regard entries from Morocco and controls on those territories of stray dogs and movements of pet animals from those territories to Morocco now permit the rabies status of those territories to be considered as equivalent to the status of Member states in continental Europe. Accordingly, it is appropriate to include Ceuta and Melilla in the list in section I of part B of Annex II to Regulation (EC) No 998/2003.
(9)
In the interests of clarity of Community legislation, it is appropriate to replace Annex II to Regulation (EC) No 998/2003 in its entirety.
(10)
Regulation (EC) No 998/2003 should therefore be amended accordingly.
(11)
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 23 November 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 2004. | [
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Commission Regulation (EC) No 1455/2003
of 14 August 2003
fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Commission Regulation (EC) No 1104/2003(2), and in particular the third subparagraph of Article 13(2) 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 13(3) thereof,
Whereas:
(1) Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid(5) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
(2) In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.
(3) The general and implementing rules provided for in Article 13 of Regulation (EEC) No 1766/92 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.
(4) The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 15 August 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2003. | [
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COMMISSION REGULATION (EEC) N° 526/86 of 28 February 1986 on transitional measures applicable to trade within the Community in goods obtained in Spain, in Portugal or in another Member State under a procedure for the relief from, or drawback of, customs duties or other import changes - compensatory levy
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 50 (3) and 210 (3) thereof, and Article 8 (3) of Protocol 3 thereto,
Whereas it is necessary to determine the conditions under which goods obtained in the Community under a procedure for the relief from, or drawback of, customs duties or other import charges may benefit from Community arrangements in trade between Spain and Portugal on the one hand, and the other Member States on the other hand, and in trade between the two new Member States;
Whereas there is a danger that admission of the said goods to the benefit of the Community arrangements may distort the conditions of competition in the common market, in so far as the products used in their manufacture are third country products, unless that admission is subject to the collection of a levy, hereinafter referred to as a 'compensatory levy', so designed as to compensate for the effects of those arrangements;
Whereas that danger is not likely to prove serious as long as the reduction in customs tariffs in trade between Spain and Portugal, and in trade between those two Member States on the one hand, and the other Member States on the other, does not reach a significant level; whereas it is accordingly unnecessary to prescribe, in principle, the collection of a compensatory levy unless that reduction exceeds roughly 25 % to 30 % of the basic duties;
Whereas, leaving aside the special tariff resulting from agreements concluded between the Community and certain third countries, goods in the manufacture of which products from other third countries have been used are admitted to free circulation only if the appropriate customs duties of the Common Customs Tariff or of the ECSC unified tariff have been levied in full on those products;
Whereas for these reasons the compensatory levy that will be a condition for the admission of goods to the benefit of the Community arrangements should be based on the duties of the Common Customs Tariff or of the ECSC unified tariff applicable in respect of the products used in the manufacture of the aforesaid goods, where at the time of importation of those goods the customs duties or charges having equivalent effect which were applicable to those products in Spain, in Portugal or in the other Member States have not been levied, or where the products have benefited from a total or partial drawback of such duties or charges;
Whereas the rate of the compensatory levy should, in principle, be such as to correspond to the percentage tariff reduction applied in the importing Member State; whereas straightforward conversion of the reductions concerned into compensatory levy rates would be likely, on account, in particular, of the number and diversity of arrangements adopted for dismantling duties, to lead to the adoption of measures that would be very complex and consequently virtually inapplicable; whereas it is accordingly necessary to group together the categories of products in respect of which the tariff reductions are similar in order to reduce considerably the number of compensatory levy rates, without, however, losing sight of the need, in order to avoid deflections of trade, to limit the gap between those rates and those which would result from strict application of the reductions laid down in the Act of Accession;
Whereas, moreover, to simplify arrangements, a 100 % compensatory levy should be collected where the levy resulting from strict application of the Act of Accession would exceed 75 %, and in all cases in which Portugal applied to Community products, before 31 December 1985, a low specific duty;
Whereas the application of a procedure for the relief from, or drawback of, the levies and other charges provided for under the common agricultural policy on agricultural products and on certain goods processed from agricultural products obtained within the Community is incompatible with the arrangements for compensatory amounts as prescribed in Articles 53 and 72 or in Articles 213 and 240 of the Act of Accession;
Whereas a method should be determined for calculating the compensatory levy on agricultural products subject in the Community to the common organization of markets and on processed agricultural products subject to specific rules consequent upon the implementation of the common agricultural policy where such products are used in the manufacture of goods that are listed neither in Annex II to the EEC Treaty nor in Council Regulation (EEC) N° 3033/80 of 11 N°vember 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), nor in Council Regulation (EEC) N° 3035/80 of 11 N°vember 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds(2), as last amended by Regulation (EEC) N° 1982/85(3), under a procedure for the relief from, or drawback of, the charges levied on them;
Whereas, in so far as the products so used are subject exclusively to levies and other charges provided for under the common agricultural policy, the amount of the compensatory levy that will be a condition for admitting the goods obtained to the benefit of the Community arrangements could, in the interests of simplifying administrative formalities, be the total amount drawn back or in respect of which relief has been granted;
Whereas, for such time as customs duties or the component designed to protect the processing industry referred to in Articles 78 and 273 of the Act of Accession continue to be charged in trade between Spain and Portugal on the one hand, and the other Member States on the other hand, in certain agricultural products and certain goods processed from agricultural products, a compensatory levy should be applied both to a percentage of the Common Customs Tariff duties or of the component designed to protect the processing industry and to the full amount of the agricultural levy or variable component drawn back or in respect of which relief has been granted;
Whereas, in respect of products on the importation of which into the Community provision is made for the abolition of customs duties under agreements concluded between the Community and certain third countries, it is not necessary to provide for the collection of the compensatory levy when such products are used in the manufacure of goods under a procedure for the relief from, or drawback of, those duties; whereas, however, as regards agricultural products subject to a common organization of the market, and goods processed from agricultural products, it is necessary to provide for collection of the full amount of the agricultural levy or variable component drawn back or in respect of which relief has been granted in order to avoid damaging the price mechanism;
Whereas it is necessary to ensure that the compensatory levy system is not used with the sole aim of circumventing the provisions relating to the charging of duties or other commercial policy measures applicable to third country products, by subjecting such products to minor processing under a procedure for the relief from, or drawback of, customs duties on imports;
Whereas the trend of trade in the said goods must be monitored closely with a view to taking appropriate measures should the detailed arrangements for the admission of such goods to the benefit of Community arrangements give rise to difficulties;
Whereas the charges referred to in Article 194 of the Act of Accession applied by Portugal in trade with the other Member States and the customs duties of a fiscal nature or the fiscal component of customs duties applied by Portugal under Article 196 (2) of the said Act are not regarded as customs duties for the purposes of this Regulation;
Whereas it is advisable to fix the percentages of the compensatory levy only for a limited period, so as to be able to take account of experience gained when fixing the percentages applicable subsequently,
HAS ADOPTED THIS REGULATION:
TITLE I GENERAL
Article 1
1. Goods obtained in a Member State and in the manufacture of which have been used products on which have not been charged, as appropriate:
-customs duties and charges having equivalent effect, or -compensatory amounts as prescribed in Articles 53 and 72 or in Articles 213 and 240 of the Act of Accession, any amounts applied in accordance with the compensatory mechanism referred to Article 270 of the said Act or any other amounts provided for in Part Four, Title II Chapter 3 or Title III Chapter 3 of the said Act,
-levies and other import charges provided for under the common agricultural policy or under specific arrangements applicable to certain goods resulting from the processing of agricultural products,
to which they were liable in that Member State, or which have benefited from a total or partial drawback of such duties, charges, amounts, agricultural levies or other import charges, shall benefit from Community arrangements under the conditions of this Regulation on importation into another Member State.
2. The Community arrangements referred to in paragraph 1 shall consist of:
(a)the application of the compensatory amounts prescribed in Articles 53 and 72 or in Articles 213 and 240 of the Act of Accession, any amounts applied in accordance with the compensatory mechanism referred to in Article 270 of the said Act or any other amounts provided for in Part Four, Title II Chapter 3 or Title III Chapter 3 of the said Act, and the progressive abolition:
(i)in respect of the products covered by Regulation (EEC) N° 3033/80:
-by Spain and the Community as constituted on 31 December 1985, hereinafter referred to as 'the Community of Ten', of the fixed component referred to in Article 52 (2) and (5) of the said Act,
-by Portugal and the Community of Ten, of the fixed component referred to in Article 213 (2) of the said Act,
-by Spain and Portugal, of the fixed component referred to in Article 7 (2) of Protocol 3 to the said Act,
-by the Community of Ten, of the fixed component referred to in Article 53 (5) and Article 213 (5) of the said Act,
(ii)in respect of the products covered by the common organization of the markets in cereals and rice: by Spain, Portugal and the Community of Ten, of the component for the protection of the processing industry referred to in Articles 78 and 273 of the said Act;
(b)the progressive abolition of customs duties and charges having equivalent effect and of quantitative restrictions and measures having equivalent effect in respect of goods subject thereto.
3. For the purposes of this Regulation, the Community of Ten shall be regarded as a single Member State.
Article 2
In cases where products from a third country are subjected to a treatment insufficient to be regarded as manufacture, the goods so obtained shall benefit from the arrangements referred to in Article 1 only on condition that the said products are in free circulation in accordance with the provisions of the EEC Treaty or the ECSC Treaty and the Act of Accession. Member States shall regularly inform the Commission of those cases in which they have ruled treatments to be insufficient within the meaning of this Article.
Article 3
Without prejudice to the conditions governing the application by Spain and Portugal of the inward processing arrangements laid down in Annex XXXII to the Act of Accession, products which, under Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing(1), are imported into the Member State of manufacture with relief from customs duties, charges having equivalent effect, compensatory amounts, agricultural levies or other import charges referred to in Article 1 (1) to which they are liable, in place of the same quantity of products of the same kind, quality and having the same technical characteristics as products from the home market of that Member State used in the manufacture of goods exported to another Member State in the context of an equivalent compensation operation, shall be regarded as used, in the circumstances referred to in Article 1 (1), in the manufacture of goods.
TITLE II COMPENSATORY LEVY PROVISIONS Section I Principles
Article 4
Subject to the exceptions set out in Title III, goods obtained in a Member State in the circumstances referred to in Article 1 (1) shall benefit from the Community arrangements on importation into another Member State on condition that a compensatory levy is charged in the Member State of manufacture in respect of each product used in such manufacture.
1. (or,applicable,or,,kind,operation.
2. goods,quantity,or,appropriate,goods,/73/EEC.
Article 6
1. The date which determines the rate of the duties referred to in Article 7 shall be that which would apply if the goods obtained were entered for free circulation in the Member State of manufacture in completion of a procedure for the relief from, or drawback of, duties or other import charges instead of being exported to another Member State.
However, that date shall be 1 March 1986 in respect of products, entered in Spain or Portugal before that date under a procedure involving relief from, or drawback of, duties or other charges, which are used in those countries in the manufacture of goods.
2. The date which determines the percentage of the compensatory levy shall be that on which the competent customs authority accepts the declaration by which the person concerned states his intention to export the goods in question to another Member State. However, where the said goods are placed in a customs warehouse or a free zone in the Member State of manufacture before being exported to another Member State, the date for the determination of the percentage shall be that on which the competent customs authority accepts the declaration by which the person concerned states his intention to place the goods in question under one of the procedures referred to above.
Section 2 Compensatory levy applicable when products other than those referred to in Section 3 are used
Article 7
The compensatory levy in respect of products other than those referred to in Section 3 used in the manufacture of goods shall be based, as appropriate, on:
-the Common Customs Tariff duty if the products are covered by the EEC Treaty, or -the customs duty of the ECSC unified tariff, if the products are covered by the ECSC Treaty.
Article 8
1. The rate of the compensatory levy shall be a percentage of the rate of the duties referred to in Article 7.
2. In trade between the Community of Ten and Spain:
(a)where goods obtained in Spain:
-are listed in Annex I, the percentage shall be:
0 % for the period from 1 March 1986 to 31 December 1987,
-are not listed in Annex I, the percentage shall be:
60 % for the period from 1 March 1986 to 31 December 1986,
65 % for the period from 1 January 1987 to 31 December 1987;
(b)where goods obtained in the Community of Ten:
-are listed in Annex II, the percentage shall be:
64 % for the period from 1 March 1986 to 31 December 1986,
69 % for the period from 1 January 1987 to 31 December 1987;
-are not listed in Annex II, the percentage shall be:
0 % for the period from 1 March 1986 to 31 December 1986.
35 % for the period from 1 January 1987 to 31 December 1987.
3. In trade between the Community of Ten and Portugal:
(a)where goods obtained in Portugal:
-are listed in Annex III, the percentage shall be 0 %,
-are not listed in Annex III, the percentage shall be 100 %;
(b)where goods obtained in the Community of Ten:
-are listed in Annex IV (a), the percentage shall be 0 %;
-are listed in Annex IV (b), the percentage shall be:
50 % for the period from 1 March 1986 to 31 December 1986,
56 % for the period from 1 January 1987 to 31 December 1987,
-are not listed in Annex IV, the percentage shall be 100 %.
4. In trade between Spain and Portugal:
(a)where goods are obtained in Spain, the compensatory levy shall be that prescribed in paragraph 3 (b);
(b)where goods are obtained in Portugal, the compensatory levy shall be that prescribed in paragraph 2 (b).
However, where goods obtained in Portugal, falling within Chapters 25 to 99 of the Common Customs Tariff, with the exception of those covered by Council Regulations (EEC) N° 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin(1), (EEC) N° 3033/80 and (EEC) N° 3035/80, fulfil the conditions laid down in the rules adopted or to be adopted by the Council in accordance with Article 1 (3) of Protocol 3 to the Act of Accession such that they obtain the status of products originating in Portugal, the percentage shall be 100 %.
Article 9
The compensatory levy in respect of goods covered by Regulation (EEC) N° 3033/80, used in the manufacture of other goods, shall be equal to the full amount of the variable component drawn back or in respect of which relief is given and a percentage of the fixed component applicable to imports of those goods into the Community of Ten from third countries. That percentage shall be fixed in accordance with Article 8.
Section 3 Compensatory levy applicable when agricultural products subject to the system of levies and other charges laid down under the common agricultural policy, with the exception of products covered by Regulation (EEC) N° 3033/80,
are used
Article 10
1. The compensatory levy in respect of agricultural products subject to the system of levies and other charges laid down under the common agricultural policy and of products covered by Council Regulations (EEC) N° 2730/75, of 29 October 1975 on glucose and lactose(2), or (EEC) N° 2783/75, used in the manufacture of goods, shall be equal to the full amount of the charge drawn back, or in respect of which relief is given.
However, the compensatory levy applicable to the products referred to in Articles 78 and 273 of the Act of Accession shall be equal to the full amount of the variable component drawn back, or in respect of which relief is given, and a percentage of the component for the protection of the processing industry used for calculating the duty on imports of those products from third countries into the Community of Ten.
2. Where products used in the manufacture of goods are subject to customs duties and to levies or other charges provided for under the common agricultural policy, the compensatory levy shall be equal to the full amount of the agricultural levy or charge drawn back, or in respect of which relief is given, and a percentage of the Common Customs Tariff duty.
3. Monetary compensatory amounts shall not be taken into account when determining the compensatory levy in the cases referred to in paragraphs 1 and 2; however, the monetary coefficient shall apply to import duties fixed in ECU.
Article 11
1. Without prejudice to Article 9, the percentage referred to in the second subparagraph of Article 10 (1) and Article 10 (2) shall be:
(a)in trade between the Community of Ten and Spain:
-where the goods are obtained in Spain, that prescribed in respect of the goods concerned in Annex V,
-where the goods are obtained in the Community of Ten, that prescribed in respect of the goods concerned in Annex VI;
(b)in trade between the Community of Ten and Portugal:
-where the goods are obtained in Portugal, that prescribed in respect of the goods concerned in Annex VII,
-where the goods are obtained in the Community of Ten, 0 %;
(c)in trade between Spain and Portugal, 0 %.
2. Where goods are not listed in one of Annexes V to VII, the percentage referred to in the second subparagraph of Article 10 (1) and Article 10 (2) shall be 0 %.
TITLE III EXCEPTIONS
Article 12
1. Goods obtained in a Member State in the circumstances referred to in Article 1 (1) shall, on importation into another Member State, benefit from the Community arrangements, without collection of the compensatory levy on the products used in their manufacture, where the products:
(a)come under Article 9 (2) of the EEC Treaty; or (b)come under the ECSC Treaty and have been released for free circulation in a Member State; or (c)have been obtained in another Member State and meet the necessary conditions to benefit from the Community arrangements.
2. However, goods subject to a common organization of the market or to the provisions of Council Regulation (EEC) N° 3035/80, manufactured or obtained from products falling within Section 3 of Title II, imported from a Member State, shall not benefit from the Community arrangements unless a compensatory levy equal to the accession compensatory amounts drawn back or in respect of which relief has been given has been collected on those products in the Member State of manufacture.
Article 13
1. By way of derogation from Article 4, and subject to any provisions that might be enacted in the future to obviate distortions of competition within the Community, no compensatory levy shall be charged on products imported from third countries with which the Community has concluded preferential tariff agreements, provided that the said products fulfil the conditions necessary to qualify for such arrangements in the Community.
2. However, in respect of products falling within Section 3 of Title II, the rules laid down in Article 10 (1) and (2) shall apply to the agricultural levy or the variable component resulting from those agreements.
TITLE IV FINAL PROVISIONS
Article 14
Proof of the customs status of the products used and of the goods obtained shall be established in accordance with the methods of administrative cooperation laid down for that purpose in Commission Regulation (EEC) N° 409/86(1).
Article 15
Goods in the manufacture of which have been used products which, if they had been released for free circulation on being placed under a procedure for the relief from, or drawback of, customs duties or other import charges, would have been liable to anti-dumping duties, shall not benefit from the Community arrangements referred to in Article 1 (1) on importation into another Member State unless those anti-dumping duties have been collected in the Member State of manufacture in respect of each product used in the manufacture to which they are applicable.
Article 16
Where application of the provisions of this Regulation leads or seems likely to lead, to economic difficulties, in particular because of any increase in the full customs charges applicable to the goods produced, the Commisssion shall decide, either on its own initiative or at the request of a Member State, what adjustments it considers necessary to remedy this situation.
Article 17
Member States shall inform the Commission of the measures which they take for the purpose of applying this Regulation and of any problems raised by its application.
Article 18
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 March 1986 until 31 December 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 February 1986. | [
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COMMISSION REGULATION (EC) No 1748/95 of 17 July 1995 imposing a provisional anti-dumping duty on imports of peroxodisulphates (persulphates), originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Community (1), as last amended by Regulation (EC) No 1251/95 (2), and in particular Article 23 thereof,
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 (3), as last amended by Regulation (EC) No 522/94 (4), and in particular Article 11 thereof,
After consultating the Advisory Committee,
Whereas:
A. PROCEDURE
(1) In November 1993, the Commission received a complaint lodged by the European Chemical Industry Council (Cefic) representing the totality of the Community production.
The complaint contained evidence of dumping of the said product originating in the People's Republic of China and of material injury resulting therefrom which was considered sufficient to justify the initiation of a proceeding.
(2) The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (5), the initiation of an anti-dumping proceeding concerning imports of persulphates originating in the People's Republic of China, falling within CN code ex 2833 40 00 and commenced an investigation.
(3) The Commission officially notified the complainants, the exporters and importers known to be concerned and the representatives of the exporting country of the initiation of the proceeding and gave the parties concerned the opportunity to make their views known in writing and to request a hearing.
(4) The three complainant Community producers, represented by CEFIC, replied to the questionnaire.
(5) Two Chinese exporters, Guangdong Chemicals Import & Export Corporation and Fujian Provincial Chemicals Import & Export Corporation, and two independent importers, replied to the Commission's questionnaire. Representatives of Guangdong Chemicals Imports and Export Corporation and Fujian Provincial Chemicals Import & Export Corporation were granted a hearing and made their views known in writing.
(6) The Commission sought and verified all the information it deemed to be necessary for the purpose of a preliminary determination and carried out investigations at the premises of the following:
(a) Community producers:
- Peroxid Chemie GmbH, Pullach, Germany,
- Degussa AG, Frankfurt am Main, Germany,
- Air Liquide Chimie (Chemoxal), Paris, France;
(b) Importers in the Community:
- Sinochem Trading Hamburg GmbH, Hamburg, Germany,
- Copci, Paris, France.
(7) The Commission also sent questionnaires to two producers in Japan which was selected as reference country for the establishment of normal value and verifications were carried out at the premises of these two companies.
(8) The investigation of dumping covered the period from 1 January to 31 December 1993 (the investigation period).
B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
1. Definition of product
(9) The product concerned is peroxodisulphates (ammonium persulphate ((NH4)2S2O8), sodium persulphate (Na2S2O8) and potassium persulphate (K2S2O8)) (hereinafter referred to as 'persulphates`). Ammonium persulphate is produced by electrochemical synthesis i.e. anodic oxidation of sulphuric acid. Sodium and potassium persulphates are produced by conversion of ammonium persulphates by adding soda or potassium lye. However, some manufacturers produce sodium and potassium persulphates by direct eletrolysis of the respective sulphates. The three types of persulphates have the same end uses as an initiator and oxidizing agent in the textile and chemical industries. The three different types of persulphates can be substituted one for another. End-users often have preference for one of the types of persulphate due to environmental reasons or because their facilities have been adapted to suit one specific type of persulphate. However, as the three types of persulphates are perfectly interchangeable they should be treated as one product for the purpose of this proceeding.
(10) According to the notice of initiation, the product being dumped is persulphate having a content of persulphate of more than 99 %. The preliminary investigation revealed that the content of persulphate does not have substantial impact on prices or market conditions. Persulphates having a content of persulphate of 99 % or less is to a large extent interchangeable with products having a higher degree of purity. In order to cover the entire market segment and to avoid circumvention of any measures, persulphates, having a content of less than 99 %, have been included in the scope of this investigation.
2. Like product
(11) The Commission found that the three types of persulphates which are produced by producers in the Community, producers in the People's Republic of China and producers in Japan (selected as reference country, see section D.1 Normal value) are identical on a type-by-type basis in their chemical composition and in their applications. Based on these findings, the Commission considered persulphates imported from the People's Republic of China alike to the product manufactured and sold by the Community and Japanese producers, within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88 (hereinafter referred to as 'the basic Regulation`).
C. COMMUNITY INDUSTRY
(12) The three producers in the Community of persulphates are Peroxid Chemie GmbH, Germany, Degussa AG, Germany and Air Liquide (Chemoxal SA), France.
(13) During the investigation period one producer purchased a quantity of sodium persulphates in the People's Republic of China. In accordance with Article 4 (5) of the basic Regulation, the Commission examined whether this particular purchase should have the effect of excluding this Community producer from the Community industry. Information provided by the Community producer in question has substantiated that the purchase of persulphates in the People's Republic of China was carried out exclusively to protect and maintain the position of the company in the domestic market during a start-up phase of the production of sodium persulphates. Based on these findings the Commission decided not to exclude the producer from the Community industry.
D. DUMPING
1. Normal value
(14) As the People's Republic of China is a non-market economy country, the determination of normal value has to be based on a market economy country. The complainant suggested the USA as reference country. The Commission sent questionnaires to the sole producer in the USA. However, the producer in the USA refused to cooperate with the Commission. The Commission sent questionnaires to other known producers of persulphates i.e. in Taiwan, Turkey, Japan, India and Mexico as alternatives. The producer in India did not reply and the producer in Mexico refused to cooperate with the Commission. The producer in Taiwan did not submit sufficient information and refused on-the-spot verifications.
(15) Producers in Turkey and Japan agreed to cooperate with the Commission. In order to examine, which of the two countries is the most suitable as reference country, the companies provided further information as requested by the Commission. According to the information submitted the total production of persulphates by the sole producer in Turkey is limited. The company does not produce sodium persulphates and domestic sales of ammonium and potassium persulphates to independent customers are insignificant. The major part of the production of persulphates goes to captive use by related companies in downstream textile production. Imports of persulphates into Turkey is subject to payment of 12,5 % import tax. On the other hand, Japan is the second largest producer of persulphates in the world and there are two independent producers in Japan, which is likely to ensure competition on the Japanese market. All three types of persulphates are produced in Japan based on the same manufacturing processes as in the People's Republic of China. Persulphates are imported to Japan, however in small quantities. There is no duty on imports of persulphates into Japan. The principal ingredient for the production of persulphates, sulphuric acid, is a world-wide commodity product, and access to this raw material is to a large extent equal to all producers.
(16) The Chinese exporters opposed the choice of Japan as reference country and requested that at least the determination of normal value for Chinese ammonium persulphate be based on data pertaining to Turkey.
(17) Examining the arguments submitted by the Chinese exporters and referring to the facts stated above, the advantages of Japan as a suitable reference country, on balance, still outweigh the arguments presented in favour of Turkey. In particular the volume of production in Japan of all three types of persulphates and the fact that there are two competing companies in the Japanese market are important elements in favour of the choice of Japan, whereas the Turkish sales of any of the persulphate types produced in Turkey not destined for captive use are too small to be representative.
(18) Normal value has been established in accordance with point (a) (i) of Article 2 (5) of the Basic Regulation on the basis of the net selling price at which the like product is sold in Japan, based on information submitted by the two Japanese companies willing to cooperate with the Commission. The producers in Japan sell the product concerned in the domestic market to unrelated purchasers for domestic consumption in representative quantities and at profitable prices.
2. Export price
(19) In accordance with Article 2 (8) of the Basic Regulation, export prices for cooperating exporters were established on the basis of sales to unrelated importers actually paid or payable for the products sold for export to the Community by the cooperating exporters. These exports represent approximately 30 % by volume of the total imports of persulphates during the investigation period according to Eurostat. This percentage is considered too small to be representative for all imports of persulphate from the People's Republic of China. In these circumstances the export prices of the Chinese export sales by non cooperating exporters have to be based on the facts available. According to information from Eurostat, the price pattern of all the Chinese export sales, do not differ significantly from export prices of the cooperating exporters which, among themselves, are at the same level. Based on these findings, the Commission decided to establish export prices for the non cooperating exporters on the basis of the export prices of the two cooperating exporters, in accordance with Article 7 (7) (b) of the Basic Regulation.
E. COMPARISON
(20) Normal values for each type of persulphate have been compared with the export prices on a transaction-by-transaction basis of the corresponding types of persulphates. The comparison was made at ex-factory level. To this end, costs for inland freight have been deducted from both normal value and export prices. In accordance with Article 2 (9) and (10) of the Basic Regulation, adjustments were made to take account of differences affecting price comparability, in particular with regard to packing and other selling expenses.
F. DUMPING MARGIN
(21) Following price comparison, a single weighted average dumping margin for all the three types of persulphates has been established. As the People's Republic of China is a non-market economy country, this margin applies to all exporters of persulphates originating in China. The margin expressed as a percentage of the cif Community frontier import price is 110,1 %.
G. INJURY
1. Consumption
(22) In order to calculate total consumption of persulphates in the Community the Commission added Community producers' sales in the Community to the total imports into the Community falling within CN code ex 2833 40 00. Total consumption is estimated as being 19 700 tonnes in 1989, 19 900 tonnes in 1990, 19 800 tonnes in 1991, 19 800 tonnes in 1992 and 18 500 in 1993.
2. Factors relating to dumped imports
(a) Volume of dumped imports
(23) According to Eurostat the dumped imports of the products in question have increased from 1 454 tonnes in 1989 to 3 367 tonnes in 1993, making the People's Republic of China the largest exporter of persulphates to the Community having obtained in 1993 a share of 52,8 % of total imports into the Community.
(b) Market share
(24) The imports from the People's Republic of China during this period correspond to an increase of the Chinese exporters' market share from 7,4 % in 1989 to 18,1 % in 1993. The market share of the Chinese exporters has continuously increased during this period.
(c) Prices
(25) During the investigation period persulphates from the People's Republic of China were imported at prices which undercut those of the Community producers by a weighted average of 41,8 % for all three types of persulphates. To establish price undercutting, CIF Community frontier export prices of the Chinese products have been adjusted by an estimated margin of independent importers and compared to Community producers' prices ex-works considered to be at a comparable level of trade.
3. Factors relating to the state of the Community industry
(a) Total production
(26) The production of the Community producers of persulphates decreased from 20 249 tonnes in 1989 to 16 159 tonnes in 1993, i.e. by 20,2 %. Community production has decreased continuously during this period.
(b) Capacity utilization
(27) In the period 1989 to 1993 capacity utilization decreased continuously by 21 %.
(c) Stocks
(28) The stocks of the Community producers decreased from 1989 to 1993 on average by 32,2 %. The decrease in stocks can be attributed exclusively to one of the producers, who, in a contracting market with price depression, opted for a scale down in production in order to reduce stocks.
(d) Sales and market shares
(29) Community producers' sales on the Community market show a decrease from 15 081 tonnes in 1989 to 12 287 tonnes in 1993 while market shares of these producers dropped from 76,7 % in 1989 to 66,2 % in 1993 (1990: 70,1 %; 1991: 65,4 %; 1992: 65,3 %).
(e) Prices
(30) Average domestic sales prices of the Community industry dropped by 18 % from 1989 to 1993. As persulphates to a large extent have homogeneous characteristics irrespective of origin, prices are decisive for the purchasing decisions of the operators in the market.
(f) Profitability
(31) The decline in sales volume from 1989 to 1993, at the same time as a substantial drop in prices, affected the profitability of the Community industry. Profitability for all Community producers decreased substantially, while one of them suffered heavy financial losses.
(g) Employment
(32) The development in employment from 1989 to 1993 shows a decrease of 13,4 % in the number of employees involved in the production of persulphates.
4. Conclusion on injury
(33) In view of the elements stated above, in particular the substantial decline in production, sales and employment of the Community producers, during a period when consumption only decreased by 5,6 %, combined with the fall in profitability, the Commission concluded, for the purpose of its preliminary findings, that the Community industry had suffered material injury within the meaning of Article 4 (1) of the basic Regulation.
H. CAUSAL LINK BETWEEN THE DUMPED IMPORTS AND THE INJURY
(34) The Commission examined whether there was a causal link between the dumped imports and the injury suffered by the Community industry and whether other factors caused or contributed to that injury.
(a) Effect of the dumped imports
(35) The Commission found that the increase in volume and market share of the dumped imports was reflected in an almost identical decrease in the volume and market share of the Community industry. The Community industry's endeavours to reduce prices and maintain the sales volume led to a fall in profit and for one producer financial losses.
(b) Effect of other factors
(36) The Commission considered the possible effect of other factors regarding the situation of the Community industry. In particular the Commission examined the extent to which the contraction in consumption had affected the industry. However, since the fall in consumption was only 5,6 % from 1989 to 1993, compared with a decrease in sales volume of the Community industry of 18,5 %, the situation of the industry could not have been caused exclusively by a contraction in demand.
(37) As far as imports from other third countries are concerned, Eurostat figures show that the volume of imports of these countries was practically unchanged from 1989 to 1993 and their average prices were higher than those of Chinese imports.
(c) Conclusion
(38) Under the circumstances stated above the Commission concluded, for the purpose of its provisional findings, that imports originating in the People's Republic of China sold at dumped prices in increasing volumes leading to a decline in profitability of the Community industry, have caused material injury to this industry.
I. COMMUNITY INTEREST
(39) The purpose of anti-dumping measures is in particular to eliminate the trade-distorting effects of injurious dumping and to restore effective competition.
(40) Reduced profit or even annual losses have been major problems for the Community industry and without measures the industry could suffer a further deterioration in its financial situation with a possibility of a total shutdown of the production of persulphates in the Community. On the other hand, end-users benefit from supplies at low dumped prices. However, the cost of persulphates as an oxidizing agent forms an extremely small part of the overall cost of the end-users. Under these circumstances it would, on balance, not be in the interest of the Community to expose itself to the risk of total shutdown of an entire industry for the benefit of short term advantages for end-users of persulphates. Imports in considerable quantities from other third countries ensure that no adverse consequence on the competitive situation on the Community market is to be expected from the imposition of anti-dumping measures.
(41) In view of these considerations the Commission concluded that it is in the interest of the Community to adopt measures to eliminate the injury caused to the Community industry by dumped imports of persulphates from the People's Republic of China.
J. PROVISIONAL DUTY
(42) In accordance with Article 13 (3) of the Basic Regulation, the Commission examined whether a lower duty than the dumping margin would be adequate to remove the injury sustained by the Community industry. As demonstrated in recital 25 prices of the Community producers have been undercut by the dumped imports. Moreover, as one producer has incurred financial losses and the two other producers have experienced a decline in profits, the removal of injury requires that the industry be put in a position in which its prices on average could be increased to a level which would include a reasonable profit. In order to achieve this, export prices should be increased accordingly.
(43) For calculating the level of duty required to eliminate the injury, cif Community frontier prices of the imports sold by the co-operating exporters and adjusted (see recital 25) have been compared with the cost of production of the Community producers to which has been added a margin of profit of 5 % deemed sufficient to ensure the viability of the Community industry. The injury margin on a weighted average basis for all the three types of persulphate expressed as a percentage of the cif Community frontier price corresponds to 83,3 %.
(44) The injury margin established being below the dumping margin found, the provisional duty to be imposed should correspond to the injury threshold established in accordance with Article 13 (3) of the Basic Regulation.
K. FINAL PROVISION
(45) In the interests of sound administration a reasonable period should be allowed for interested parties to make known their views in writing on the findings contained in this Regulation and to request to be heard by the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on imports of peroxodisulphates (persulphates), originating in the People's Republic of China falling within CN code ex 2833 40 00 (Taric code: 2833 40 00*10).
2. The rate of provisional duty shall be 83,3 % of the net, free-at-Community frontier price, before duty.
3. The release for free circulation in the Community of the product referred to in paragraph 1 originating in the People's Republic of China shall be subject to the provision of a security equivalent to the amount of the provisional duty.
Article 2
Without prejudice to Article 7 (4) (b) and (c) of Regulation (EEC) No 2423/88 the parties concerned may make known their views in writing and apply to be heard by the Commission within one month of the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 July 1995. | [
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*****
COMMISSION REGULATION (EEC) No 2474/85
of 29 August 1985
fixing the special rates for converting the free-at-frontier reference prices of imported liqueur wines into national currency
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 798/85 (2),
Having regard to Council Regulation No 129 on the value of the unit of account and the exchange rates to be applied for the purposes of the common agricultural policy (3), as last amended by Regulation (EEC) No 2543/73 (4), and in particular Article 3 thereof,
Having regard to Commission Regulation (EEC) No 1393/76 of 17 June 1976 laying down detailed rules for the importation of products in the wine-growing sector originating in certain third countries (5), as last amended by Regulation (EEC) No 2135/84 (6), and in particular Article 1a (4) thereof,
Having regard to the opinion of the Monetary Committee,
Whereas, pursuant to Article 1a of Regulation (EEC) No 1393/76, special rates are used to convert the free-at-frontier prices for imported liqueur wines into national currency; whereas the special rates applicable at present were fixed by Commission Regulation (EEC) No 2364/85 (7);
Whereas, for the currencies of the Member States maintained at any given moment within a maximum spread of 2,25 %, the special rate is the conversion rate resulting from the central rate; whereas, for the other currencies, the special rate for the period 1 September 1985 to 28 February 1986 is equal to the conversion rate in relation to all the currencies of the Member States maintained at any given moment with a maximum spread of 2,25 % resulting from the average rate taken into consideration for the purposes of calculating the monetary compensatory amounts valid on 1 August 1985;
Whereas, under Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuations for the currencies of certain Member States (8), as last amended by Regulation (EEC) No 855/84 (9), and in particular Article 2b thereof, the central rates and the market rates are, with effect from the 1984/85 marketing year, to be adjusted by a corrective factor; whereas following the realignment of central rates under the European monetary system effective from 22 July 1985 this corrective factor was, by Article 1 of Commission Regulation (EEC) No 2055/85 (10), set at 1,035239,
HAS ADOPTED THIS REGULATION:
Article 1
The special rate referred to in Article 1a of Regulation (EEC) No 1393/76 shall be:
(a) for the Belgian franc and the Luxembourg franc:
Bfr/Lfr 1 = 0,0215462 ECU;
(b) for the Danish krone:
Dkr 1 = 0,118835 ECU;
(c) for the German mark:
DM 1 = 0,431540 ECU;
(d) for the French franc:
FF 1 = 0,140728 ECU;
(e) for the pound sterling:
£ 1 = 1,72914 ECU;
(f) for the Irish pound:
£ Irl 1 = 1,33314 ECU;
(g) for the Italian lira:
Lit 100 = 0,0641697 ECU;
(h) for the Dutch guilder:
Fl 1 = 0,383001 ECU;
(i) for the Greek drachma:
Dr 100 = 0,931870 ECU.
Article 2
Regulation (EEC) No 2364/85 is hereby repealed.
Article 3
This Regulation shall enter into force on 1 September 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 August 1985. | [
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COMMISSION DIRECTIVE 2008/64/EC
of 27 June 2008
amending Annexes I to IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular points (c) and (d) of the second paragraph of Article 14 thereof,
After consulting the Member States concerned,
Whereas:
(1)
Directive 2000/29/EC provides for certain measures against the introduction into the Member States from other Member States or third countries of organisms which are harmful to plants or plant products. It also provides for certain zones to be recognised as protected zones.
(2)
From information supplied by Member States, it has been determined that only certain plants for planting of Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium l'Hérit. ex Ait. and Solanaceae present a risk of spreading of Heliothis armigera (Hübner). Since the risk of spreading of that organism is limited to those plants, that organism should be deleted from Annex I to Directive 2000/29/EC, which imposes a general ban, and included instead in Annex II to that Directive, which imposes a ban only with respect to specific plants presenting a risk. Furthermore, the name of Heliothis armigera (Hübner) should be changed to Helicoverpa armigera (Hübner), in line with its recent revised scientific denomination.
(3)
From information supplied by Member States, it has become apparent that Colletotrichum acutatum (Simmonds) is widespread within the Community. Therefore, that organism should no longer be listed as a harmful organism under Directive 2000/29/EC and no further protective measures under that Directive should be taken with respect to that organism. Annex II to Directive 2000/29/EC should therefore be amended accordingly.
(4)
From information supplied by Portugal, it appears that Citrus tristeza virus (European isolates) is now established in Madeira. This part of the Portuguese territory should therefore no longer be recognised as a protected zone in respect of that harmful organism and Annexes II and IV to Directive 2000/29/EC should be amended accordingly.
(5)
From information supplied by Spain, it appears that Thaumetopoea pityocampa (Den. and Schiff.) is now established in Ibiza. This part of the Spanish territory should therefore no longer be recognised as a protected zone in respect of that harmful organism and Annexes II and IV to Directive 2000/29/EC should be amended accordingly.
(6)
From information supplied by Slovenia, it appears that Erwinia amylovora (Burr.) Winsl. et al. is now established in the Koroška and Notranjska regions. These regions should therefore no longer be recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. and Annexes II, III and IV to Directive 2000/29/EC should be amended accordingly.
(7)
Information supplied by Italy shows that Erwinia amylovora (Burr.) Winsl. et al. is now established in some parts of its regions of Emilia-Romagna, Lombardy and Veneto. Those parts of the Italian territory should therefore no longer be recognised as a protected zone in respect of Erwinia amylovora (Burr.) Winsl. et al. and Annexes II, III and IV to Directive 2000/29/EC should be amended accordingly.
(8)
From the Swiss legislation on plant protection, it appears that the Cantons of Berne and Grisons are no longer recognised as a protected zone for Erwinia amylovora (Burr.) Winsl. et al. in Switzerland. The derogation allowing certain imports from those regions into certain protected zones under special requirements should therefore be deleted and Part B of Annex IV to Directive 2000/29/EC should be amended accordingly.
(9)
Annexes I to IV to Directive 2000/29/EC should therefore be amended accordingly.
(10)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I to IV to Directive 2000/29/EC are amended in accordance with the Annex to this Directive.
Article 2
1. Member States shall adopt and publish, by 31 August 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 September 2008.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such a reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 27 June 2008. | [
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COMMISSION DECISION of 28 November 1997 approving the programme for the eradication of bovine brucellosis for 1998 presented by Greece and fixing the level of the Community's financial contribution (Only the Greek text is authentic) (98/32/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of bovine brucellosis;
Whereas by letter, Greece has submitted a programme for the eradication of bovine brucellosis;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as amended by Directive 92/65/EEC (4);
Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community in 1998 and which was established by Commission Decision 97/681/EC (5);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Greece up to a maximum of ECU 700 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of bovine brucellosis presented by Greece is hereby approved for the period from 1 January to 31 December 1998.
Article 2
Greece shall bring into force by 1 January 1998 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Greece by way of compensation for owners for the slaughter of animals up to a maximum of ECU 700 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1999 at the latest,
- and provided that Community veterinary legislation has been respected.
Article 4
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 28 November 1997. | [
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COMMISSION REGULATION (EC) No 1832/2006
of 13 December 2006
laying down transitional measures in the sugar sector by reason of the accession of Bulgaria and Romania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 41 and Article 21 thereof in conjunction with point 4 of Section 3(a) of Annex V thereto,
Whereas:
(1)
The rules concerning production and trade arrangements for the sugar market inserted in Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1) by the Act of Accession of Bulgaria and Romania should be applicable as from 1 January 2007, subject to the entry into force of the Act of Accession on that date. However, for the marketing year 2006/07, the entire beet sugar production of Bulgaria and Romania will have been produced under national arrangements. Transitional measures are therefore required to change over from the production and trade arrangements in force in Bulgaria and Romania to those provided for in Regulation (EC) No 318/2006. Consequently, the provisions on minimum beet prices, inter-professional agreements and quota allocation provided for in Articles 5, 6 and 7 of Regulation (EC) No 318/2006 should not apply to Bulgaria and Romania in the marketing year 2006/07.
(2)
Article 4(1) of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (2) fixes the deadline for submitting applications for the restructuring aid at 31 July 2006 in respect of the marketing year 2006/07. It was thus not possible for undertakings established in Bulgaria and Romania to submit applications for restructuring aid in respect of that marketing year. Those undertakings should therefore not have to pay the restructuring amount provided for in Article 11 of Regulation (EC) No 320/2006 in respect of the marketing year 2006/07.
(3)
In the case of isoglucose, production is steady and in keeping with demand. It is necessary to determine for the period from 1 January to 30 September 2007 the appropriate national isoglucose quotas for Bulgaria and Romania in order to ensure the balance between production and consumption in the Community as constituted at 1 January 2007. Those transitional isoglucose quotas should be calculated on a pro rata temporis basis.
(4)
In order to allow undertakings established in Bulgaria and Romania to participate in the restructuring scheme established by Regulation (EC) No 320/2006 under the same conditions as those applicable to undertakings established in the Community as constituted at 31 December 2006, it is necessary to make certain adjustments in relation to the marketing year 2007/08, in particular as regards the chronological order referred to in Article 8(1) of Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (3).
(5)
In accordance with the Act of Accession, the agreed raw sugar supply need for refining is 198 748 tonnes for Bulgaria and 329 636 tonnes for Romania per marketing year. However, the quantities of traditional supply need distributed for Bulgaria and Romania should be reduced on a pro rata temporis basis to reflect the fact that Bulgaria and Romania will only participate in the 2006/07 marketing year for the period from 1 January 2007 to 30 September 2007.
(6)
The full-time refiners in Bulgaria and Romania rely to a large extent on imports of raw cane sugar from traditional suppliers in certain third countries. The Commission has therefore proposed to the Council to open tariff quotas for imports of such sugar from any third country for the marketing years 2006/07, 2007/08 and 2008/2009 (4). However, in order to avoid disruption of the supply of raw cane sugar for refiners in these Member States at the moment of accession, it is considered necessary to adopt transitional measures for the purpose of opening such tariff quotas at 1 January 2007.
(7)
The transitional tariff quotas opened for Bulgaria and Romania under this Regulation should apply only until the Council has adopted permanent measures.
(8)
Import licences issued under the tariff quotas opened by this Regulation should be reserved for approved full-time refiners in Bulgaria and Romania.
(9)
The amount of the import duty applicable to imports under the tariff quotas opened by this Regulation should be fixed at a level which ensures fair competition in the Community sugar market, but which is not prohibitive for imports into Bulgaria and Romania. Taking into account that imports under these tariff quotas could be carried out from any third country it is therefore appropriate to fix the level of import charges at EUR 98 per tonne, which is the same level as fixed for CXL concessions sugar under Article 24 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (5).
(10)
There is a considerable risk of disruption on the markets in the sugar sector by products being introduced into Bulgaria and Romania before their accession to the European Union for speculation purposes. Provisions facilitating the transition should therefore be made to avoid such speculative movements or other market disturbances. Similar provisions have already been taken by Commission Regulation (EC) No 1683/2006 of 14 November 2006 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of Bulgaria and Romania (6). Specific rules are necessary in order to take into account the particularities of the sugar sector.
(11)
Provisions should be taken to prevent operators from circumventing the application of charges on certain sugar products in free circulation by placing goods which have been already released for free circulation in the Community as constituted at 31 December 2006 or in Bulgaria or Romania before accession under a suspensive regime, either in temporary storage or under one of the treatments or procedures referred to in Articles 4(15)(b) and (16)(b) to (g) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (7).
(12)
Furthermore, and in accordance with the Act of Accession of Bulgaria and Romania, quantities of stocks of sugar or isoglucose exceeding the normal carry-over stock should be eliminated from the market at the expense of Bulgaria and Romania. Determination of the surplus quantities should be carried out by the Commission on the basis of trade developments and production and consumption trends in Bulgaria and Romania during the period from 1 January 2003 to 31 December 2006. For this procedure, besides sugar and isoglucose, other products with a significant added sugar equivalent content should also be considered as they could also be possible targets of speculation. In cases where the determined surplus quantity of sugar and isoglucose is not eliminated from the Community market by 30 April 2008 at the latest, Bulgaria and Romania should be made financially responsible for the relevant quantity.
(13)
The amount to be charged to Bulgaria or Romania and assigned to the Community budget in case of non elimination of surplus stocks should be calculated on the basis of the highest positive difference between the white sugar reference price fixed at EUR 631,9 per tonne by Article 3(1)(a) of Regulation (EC) No 318/2006 and the world market price of white sugar during the period of 1 January 2007 to 30 April 2008. For the purpose of this calculation the monthly average of the quotations at the London No. 5 white sugar futures market for the nearest term, that is to say the nearest delivery month for which trading of white sugar is possible, should be considered as the world market price.
(14)
It is in the interest of both the Community and Bulgaria and Romania to prevent the accumulation of surplus stocks and in any case be able to identify those operators or individuals involved in major speculative trade movements. For that purpose, Bulgaria and Romania should have in place on 1 January 2007 a system that enables them to identify those responsible for such developments. This system should allow Bulgaria and Romania to identify the economic operators which have contributed to surplus quantity referred to in recital 12 with a view to recovering, as far as possible, the amounts assigned to the Community budget. Bulgaria and Romania should use this system to compel identified operators to eliminate their individual surplus quantity from the Community market. Where identified operators cannot provide appropriate proof of elimination they should be charged EUR 500 per tonne (white sugar equivalent) for the surplus sugar not eliminated. This is the same amount as that fixed for the levy provided for in Article 3 of Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (8). While both economic operators and households may contribute to the surplus quantity referred to in recital 12, it is most likely to be operators. However, it is not feasible to require households to contribute to this amount.
(15)
For the determination of surplus stocks and the elimination of identified surplus stocks, Bulgaria and Romania should provide the Commission with the most recent statistics on trade, production and consumption of the products considered, as well as proof of elimination from the market of the identified surplus stocks by the set deadline.
(16)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
CHAPTER I
TRANSITIONAL MEASURES IN VIEW OF THE ACCESSION OF BULGARIA AND ROMANIA
SECTION 1
Applicability of the sugar CMO and the temporary restructuring scheme
Article 1
Applicability of certain provisions of Regulations (EC) No 318/2006 and (EC) No 320/2006
1. Articles 5, 6 and 7 of Regulation (EC) No 318/2006 and Article 11 of Regulation (EC) No 320/2006 shall not apply to Bulgaria and Romania for the marketing year 2006/07.
However, Article 7 shall apply in respect of the allocation in 2007 of the national quotas which will apply as from marketing year 2007/08 and the isoglucose quotas indicated in paragraph 2.
2. For the period from 1 January 2007 to 30 September 2007, the national quotas of isoglucose for Bulgaria and Romania for the purposes of Article 9 of Regulation (EC) No 318/2006 shall be as follows:
National quota in tonnes of dry matter
Bulgaria
50 331
Romania
8 960
3. For the period from 1 January 2007 to 30 September 2007, the traditional supply need distributed for Bulgaria and Romania for the purposes of Article 29 of Regulation (EC) No 318/2006 shall be as follows:
Traditional supply need distributed in tonnes of white sugar
Bulgaria
149 061
Romania
247 227
Article 2
Temporary restructuring scheme
1. This paragraph shall only apply if applications for restructuring aid, under Article 7 of Regulation (EC) No 968/2006, in respect of marketing year 2007/08 are submitted prior to 1 January 2007 in the Community as constituted on 31 December 2006. The date of the first such application shall be referred to as ‘the reference date’.
Where applications for restructuring aid under Article 7 of Regulation (EC) No 968/2006, in respect of marketing year 2007/08, are submitted in Bulgaria or Romania on or after 1 January 2007, the length of time between the reference date and 1 January 2007 shall not be counted for those applications in establishing the chronological order referred to in Article 8(1) of Regulation (EC) No 968/2006.
2. With regard to the consultation conducted in the framework of the relevant agreements within the trade as referred to in the second subparagraph of Article 3(2) of Regulation (EC) No 320/2006, Bulgaria and Romania may, for the marketing year 2007/08, take into account consultations conducted in the framework of agreements which took place before the date of the entry into force of this Regulation, even if they do not comply with the requirements of Regulation (EC) No 968/2006.
SECTION 2
Opening of tariff quotas for refining
Article 3
Opening of tariff quotas for the import of raw cane sugar for refining
1. For the marketing year 2006/07, tariff quotas for a total of 396 288 t in white sugar equivalent for the import from any third country of raw cane sugar for refining, falling within CN code 1701 11 10 shall be opened at a duty of EUR 98 per tonne.
The quantity to be imported shall be distributed as follows:
Bulgaria: 149 061 tonnes;
Romania: 247 227 tonnes.
2. Quantities imported in accordance with this Regulation shall bear the order number shown in Annex I.
Article 4
Application of Regulation (EC) No 950/2006
The rules on import licences and traditional supply needs laid down in Regulation (EC) No 950/2006 shall apply to the imports of sugar under the tariff quotas opened by the present Regulation, unless otherwise provided for in Article 5.
Article 5
Import licences
1. Import licence applications for the quantities referred to in Article 3(1) shall be submitted to the competent authorities of Bulgaria and Romania as appropriate.
2. Import licence applications may be submitted only by full-time refiners which are established on the territory of Bulgaria and Romania and which are approved in accordance with Article 17 of Council Regulation (EC) No 318/2006.
3. Import licence applications and licences shall contain the following entries:
(a)
in boxes 17 and 18: the quantities of raw sugar, in white sugar equivalent, which may not exceed the quantities for Bulgaria and Romania respectively indicated in Article 3(1);
(b)
in box 20: at least one of the entries listed in part A of Annex II;
(c)
in box 24 (in the case of licences): at least one of the entries listed in part B of Annex II.
4. Import licences issued under this Regulation shall be valid only for imports into the Member State in which they are issued. They shall be valid to the end of the marketing year 2006/07.
Article 6
End of application
The tariff quotas opened under this Regulation shall apply until a Council Regulation opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries for the period subsequent to 1 January 2007 enters into force.
CHAPTER II
TRANSITIONAL MEASURES TO AVOID SPECULATION AND MARKET DISTURBANCE
Article 7
Definitions
For the purposes of this Chapter, the following definitions shall apply:
(a)
‘sugar’ means:
(i)
beet sugar and cane sugar, in solid form, falling within CN code 1701;
(ii)
sugar syrup falling within CN codes 1702 60 95 and 1702 90 99;
(iii)
inulin syrup falling within CN codes 1702 60 80 and 1702 90 80;
(b)
‘isoglucose’ means the product falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10, 1702 90 30 and 2106 90 30;
(c)
‘processed products’ means products having an added sugar/sugar equivalent content exceeding 10 %, which have resulted from the processing of agricultural products;
(d)
‘fructose’ means chemically pure fructose under CN code 1702 50 00.
SECTION 1
Products under particular customs treatments and procedures at the date of accession
Article 8
Suspensive regime
1. By way of derogation from Section 4 of Annex V to the Act of Accession and from Articles 20 and 214 of Regulation (EEC) No 2913/92 products falling within CN codes, 1701, 1702, 1704, 1904, 1905, 2006, 2007, 2009, 2101 12 92, 2101 20 92, 2105 and 2202 except those listed in Article 4(5) of Commission Regulation (EC) No 1683/2006, which before 1 January 2007 have been in free circulation in the Community as constituted on 31 December 2006 or in Bulgaria or Romania, and on 1 January 2007 are in temporary storage or under one of the customs treatments or procedures referred to in Article 4(15)(b) and (16)(b) to (g) of Regulation (EEC) No 2913/92 in the enlarged Community, or which are in transport after having been the subject of export formalities within the enlarged Community shall, where a customs debt on importation is incurred, be charged with the import duty in accordance with part two of Annex I to Council Regulation (EEC) No 2658/87 (9) as applicable on the date of the incurrence of the customs debt, including additional duties, where applicable.
The first subparagraph shall not apply to products exported from the Community as constituted on 31 December 2006 if the importer gives evidence that no export refund has been sought for the products of the Member State of export. Upon the importer's request, the exporter shall arrange to obtain an endorsement by the competent authority on the export declaration that an export refund has not been sought for the products of the Member State of export.
2. By way of derogation from Section 4 of Annex V to the Act of Accession and from Articles 20 and 214 of Regulation (EEC) No 2913/92, products falling within CN codes, 1701, 1702, 1704, 1904, 1905, 2006, 2007, 2009, 2101 12 92, 2101 20 92, 2105 and 2202 except those listed in Article 4(5) of Commission Regulation (EC) No 1683/2006, coming from third countries and which are under inward processing referred to in Article 4(16)(d) of Regulation (EEC) No 2913/92 or temporary admission referred to in Article 4(16)(f) of that Regulation in Bulgaria or Romania on 1 January 2007, shall where a customs debt on importation is incurred, be charged with the import duty in accordance with part two of Annex I to Regulation (EEC) No 2658/87 as applicable at the date of the incurrence of the customs debt, including additional duties, where applicable.
SECTION 2
Surplus quantities
Article 9
Determination of surplus quantities
1. The Commission shall determine by 31 July 2007 at the latest, for Bulgaria and Romania respectively, in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006,
(a)
the quantity of sugar as such or in processed products (in white sugar equivalent);
(b)
the quantity of isoglucose (dry matter);
(c)
the quantity of fructose
exceeding the quantity considered as being normal carry-over stock at 1 January 2007 and which has to be eliminated from the market at the expense of Bulgaria and Romania.
2. To determine the surplus quantities referred to in paragraph 1, account shall in particular be taken of the development from 1 January to 31 December 2006, in relation to the previous three years, counting from 1 January 2003 to 31 December 2005, of:
(a)
imported and exported quantities of sugar as such or in processed products, isoglucose and fructose;
(b)
production, consumption and stocks of sugar and isoglucose;
(c)
the circumstances in which stocks were built up.
Article 10
Identification of surplus quantities at the operators’ level
1. Bulgaria and Romania shall have in place, on 1 January 2007, a system for the identification, at the level of operators, of traded or produced surplus quantities of sugar as such or in processed products, isoglucose or fructose. That system may in particular rely on import tracking, fiscal monitoring, surveys based on operators’ accounts and physical stocks, and include measures such as risk guarantees and import licences.
The identification system shall be based on a risk assessment taking due account in particular of the following criteria:
(a)
type of activity of the operators concerned;
(b)
capacity of storage facilities;
(c)
level of activities.
2. Bulgaria and Romania shall each use the identification system referred in paragraph 1 to compel the operators concerned to eliminate from the market, at their own expense, a quantity of sugar or isoglucose equivalent to their individual surplus quantity.
Article 11
Elimination of surplus quantities
1. Bulgaria and Romania shall each ensure the elimination from the market, without Community intervention, of a quantity of sugar or isoglucose equal to the surplus quantity referred to in Article 9(1), by 30 April 2008 at the latest.
2. Elimination of surplus quantities determined pursuant to Article 9 shall be carried out without Community support, in accordance with the following methods:
(a)
by export from the Community by identified operators, without national support;
(b)
by use in the sector of combustibles;
(c)
by denaturation without aid for animal feed in accordance with Titles III and IV of Commission Regulation (EEC) No 100/72 (10).
3. Where for Bulgaria or Romania, the total quantities determined by the Commission in accordance with Article 9(1) exceed the total quantities identified under Article 10, then Bulgaria or Romania, as appropriate, shall be charged with an amount equal to the difference between those figures [in white sugar or dry matter equivalent] multiplied by the highest positive difference between EUR 631,9 per tonne and the average monthly quotation of white sugar observed at the London No. 5 white sugar futures market for the nearest term during the period from 1 January 2007 to 30 April 2008. That amount shall be assigned to the Community budget by 31 December 2008 at the latest.
Article 12
Proofs of elimination by the operators
1. By 31 July 2008 at the latest, the operators concerned shall provide the proof, to the satisfaction of Bulgaria or Romania, as appropriate, that they have eliminated in accordance with Article 11(2), and at their own expense, their individual surplus quantities of sugar and isoglucose identified by virtue of the application of Article 10.
2. When the sugar or isoglucose is eliminated in accordance with Article 11(2)(a), the proof of elimination shall consist of:
(a)
export licences issued in accordance with Commission Regulations (EC) No 1291/2000 (11) and (EC) No 951/2006 (12);
(b)
relevant documents referred to in Articles 32 and 33 of Regulation (EC) No 1291/2000 necessary for the release of the guarantee.
The application for the export licence referred to in preceding subparagraph shall comprise in section 20 the following indication:
‘for export in accordance with Article 11(2)(a) of Regulation (EC) No 1832/2006.’
The export licence shall comprise in section 22 the following indication:
‘to be exported without refund … (quantity for which this licence was issued) kg;’
The export licence shall be valid from the date of its issue until 30 April 2008.
3. In case the proof of elimination is not provided in accordance with paragraphs 1 to 2, Bulgaria or Romania, as appropriate, shall charge the operator concerned with an amount equal to its individual surplus quantity, identified by virtue of the application of Article 10, multiplied by EUR 500 per tonne (in white sugar or dry matter equivalent). This amount shall be assigned to the national budget of Bulgaria or Romania, as appropriate.
Article 13
Proof of elimination by new Member States
1. By 31 August 2008 at the latest, Bulgaria and Romania shall provide proof to the Commission that the surplus quantity referred to in Article 9(1) was eliminated from the Community market in accordance with Article 11(2) and specify for each method the quantity eliminated.
2. In case the proof of elimination from the Community market is not provided in accordance with paragraph 1, for all or part of the surplus quantity, Bulgaria and/or Romania, as appropriate, shall be charged an amount equal to the quantity not eliminated multiplied by the highest positive difference between EUR 631,9 per tonne and the average monthly quotation of white sugar observed at the London No 5 white sugar futures market for the nearest term during the period from 1 January 2007 to 30 April 2008, in white sugar or dry matter equivalent, from which shall be deducted any amount charged pursuant to Article 11(3).
This amount will be assigned to the Community budget by 31 December 2008 at the latest.
The amounts referred to in the preceding subparagraph and Article 11(3) shall be determined in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006 by 31 October 2008 at the latest on the basis of the communications made by Bulgaria and Romania pursuant to paragraph 1.
Article 14
Control
1. Bulgaria and Romania shall take all the necessary measures for the application of this Chapter and establish in particular the control procedures which prove necessary for the elimination of the surplus quantity referred to in Article 9(1).
2. Bulgaria and Romania shall communicate to the Commission by 31 March 2007 at the latest:
(a)
information on the system established for the identification of surplus quantities referred to in Article 10;
(b)
quantities of sugar, isoglucose, fructose and processed products imported and exported monthly for the period from 1 January 2003 to 31 December 2006, communicated separately for imports from and exports to
(i)
the Community as constituted on 31 December 2006,
(ii)
Bulgaria or Romania, as appropriate, and
(iii)
third countries;
(c)
for the period from 1 January 2003 to 31 December 2006, the quantities of sugar and isoglucose produced annually, broken down, as the case may be, by production under quota and out of quota, refined from imported raw sugar and consumed annually;
(d)
for the period from 1 January 2003 to 31 December 2006, the stocks of sugar and isoglucose held on 1 January of each year.
CHAPTER III
FINAL PROVISION
Article 15
Entry into force
This Regulation shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2006. | [
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COMMISSION DECISION of 18 October 1995 on State aid that Bavaria granted to the ECSC steel undertaking Neue Maxhütte Stahlwerke GmbH, Sulzbach-Rosenberg (Only the German text is authentic) (Text with EEA relevance) (96/178/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 4 (c) thereof,
Having regard to Commission Decision No 3855/91/ECSC of 27 November 1991 establishing Community rules for aid to the steel industry (1),
Having given notice, in accordance with Article 6 (4) of that Decision, to the other Member States and the parties concerned to submit their comments,
Having regard to the comments received,
Whereas:
I
On 30 November 1994 the Commission decided to initiate the procedure provided for in Article 6 (4) of Decision No 3855/91/ECSC (Steel Aid Code) with respect to a series of loans totalling DM 49,825 million (ECU 26,53 million) which Bavaria granted between March 1993 and August 1994 to Neue Maxhütte Stahlwerke GmbH (hereinafter referred to as 'NMH`). The Commission concluded, on the basis of the information provided by the German Government, that the loans granted to the company were not to be regarded as a genuine provision of risk capital according to usual investment practice in a market economy and might therefore represent State aid that would be incompatible with the provisions of the Steel Aid Code and the Treaty establishing the European Coal and Steel Community (hereinafter referred to as 'the ECSC Treaty`).
The Commission informed the German Government, by letter dated 12 December 1994, of its decision to initiate proceedings and requested its comments and any additional information it might consider relevant to the case. The reply of the German authorities dated 13 January 1995 contained some additional information concerning Bavaria's reasons for granting the loans, the other shareholders' reasons for not participating completely in the financing of the company and the use of the loans (for a full description of the German Government's position see section III). The German Government also referred to its communications of 15 July 1994, 14 September 1994 and 9 December 1994, submitted in the framework of the procedure concerning the intended financial measures to assist NMH and Lech-Stahlwerke GmbH (hereinafter referred to as 'LSW`) under the privatization plan of Bavaria, and stressed that the loans should be seen solely in relation to that plan. The Commission decided on 4 April 1995 (2) that the intended loss compensation of DM 125,7 million (ECU 67,81 million) and the contribution for investment of DM 56 million (ECU 29,78 million) in favour of NMH as well as the intended loss compensation of DM 20 million (ECU 10,63 million) for LSW represented State aid incompatible with the Steel Aid Code and that Bavaria should consequently not grant this aid. The measures were planned in connection with the intended privatization sale of the 45 % share of Bavaria in NMH and its 19,734 % share in LSW to the Aicher group. The German Government filed an application for annulment of this decision with the Court of Justice of the European Communities (Case C-158/95) (3). NMH filed an application for annulment of this decision with the Court of First Instance of the European Communities (Case T-129/95) (4).
The letter by which the Commission informed the German authorities of its decision to initiate the current procedure and inviting the other Member States and interested third parties to submit their comments was published in the Official Journal (5).
It should be recalled that the Commission decided on 19 July 1995 to initiate a second procedure covering shareholders' loans totalling DM 24,1125 million (ECU 12,82 million) which Bavaria granted to NMH in four tranches between July 1994 and March 1995 (6). At the time when the present procedure was initiated the Commission was not aware of these loans. The loans may constitute illegal State aid because none of the other shareholders of the company participated in this financing of the company so that the behaviour of the State may be considered not to be in line with normal market investors' behaviour.
As part of the present proceedings the Commission received the following comments:
- the government of one Member State stated that it considered the loans to represent State aid that would distort competition within the Community to the direct detriment of the competitors of NMH in its territory. It pointed out that the behaviour of the private shareholders in NMH and the financial situation of NMH strongly indicated that the State loans were not consistent with normal investment practice in a market economy and therefore constituted State aid,
- the government of another Member State considered that the loans granted to NMH were also liable to favour the tube producer Rohrwerke Neue Maxhütte GmbH (hereinafter referred to as 'RNM`), in which NMH holds a share of 85 %. It pointed out that the European market for tubes is suffering severe overcapacity,
- a European steel producers association expressed its opinion that no private investor would have been prepared to grant liquidity to a company in a financial situation comparable to that of NMH. It concluded that the loans constituted State aid and asked the Commission to issue a final decision requiring the recovery of the aid,
- a national steel producers association pointed out that it is a basic tenet of Community State aid case law that in the case of undertakings with mixed State and private ownership, such as NMH, the action of the private investor is a key indicator of whether the State's involvement can be construed as normal market practice in a market economy. In further underlined that the participation of the Aicher group in the lending had certain unusual characteristics. At around the time of the loans the group was in negotiations with Bavaria for the acquisition of NMH. The final agreement, having been subsequently announced in March 1994, provided for important financial support by Bavaria in favour of NMH. Aicher therefore, in the view of the association, had a significant motive for participating directly in the third loan that was different from that of a normal private investor, because the loans would in effect be redeemed by the Bavarian Government on disposal of NMH and LSW. While this made commercial sense for Aicher, it is, in the opinion of the association, not appropriate to use this participation as an indicator of the private investor principle,
- a major European steel company stressed that a prudent lender would, given the well-known fact that the financial results of steel companies are especially cyclical in nature, require an assurance of re-payment from profit or from cash flow throughout the economic cycle. The company would therefore not regard a condition of the loans which requires repayment only if NMH achieved a profit as normal investment practice in a market economy. It urged the Commission, if its investigations concluded that the loans had in fact been made in order to sustain the unprofitable operations of NMH, to issue a decision requiring Bavaria to recover the aid,
- another European steel company pointed out that the loans granted by the State to NMH already distorted competition in the sectors in which it competes with NMH,
- a national steel tube association supported the initial view of the Commission that the loans granted by Bavaria to NMH may constitute State aid contrary to the ECSC Treaty and the Steel Aid Code and requested the Commission to issue a decision requiring Bavaria to recover the aid, even if it resulted in the company having to go into liquidation as would a private business without such aid being available,
- a law firm acting on behalf of a producer of steel tubes competing with the NMH subsidiary RNM, analysed the financial measures of Bavaria on the basis of the information given in the publication in the Official Journal of the European Communities and concluded that these measures represented State aid that would be incompatible with the Steel Aid Code. It pointed out that the aid would indirectly also favour RNM so that the direct competitor of its client would be unduly subsidized,
- another producer of steel tubes, pointing out the possibility that its competitor RNM could benefit from any financial assistance to NMH, stressed that the loans were granted on condition that NMH would have to repay only if it made profits in the preceding year. Since NMH had never made profits since its establishment, the State could not expect to receive any repayment. Therefore, the loans should be regarded as aid incompatible with the common market.
The comments were communicated to the German Government by letter dated 22 August 1995 with the request that it submit its reaction. By letter dated 18 September 1995, the German authorities submitted their remarks concerning the comments of other Member States and third parties as requested. They repeated their opinion that the loans should be seen exclusively in connection to the privatization plan of the Bavarian Government. The loans were granted, according to the German Government, to maintain the company in operation until the privatization plan of the Bavarian Government could finally be implemented. Since the Commission decided in April 1995 that the financial measures of the State necessary for the privatization were prohibited as illegal State aid, the privatization plan may be implemented only after the annulment of this decision by the Court of Justice, of which the German Government is certain. In order not to jeopardize the possible privatization of the shares of Bavaria in NMH and LSW after the expected annulment of the Commission's decision, the German authorities requested the Commission, if it were to conclude that the loans represented State aid, to postpone its decision on the recovery of these loans until after the final decision of the Court of Justice.
II
On the basis of the information received, the relevant facts appear to be as follows:
On 16 April 1987, formal bankruptcy proceedings concerning Eisenwerk-Gesellschaft Maximilianshütte mbH ('Maxhütte`) were initiated. The administrator in bankruptcy decided to continue operations in order to prepare a restructing plan. In mid-1990, two newly created companies, NMH, covering the ECSC products range of Maxhütte (in liquidation) and RNM, covering the tube production, took over the activities of Maxhütte. NMH is an 85 % shareholder of RNM, the remaining 15 % being held by Kühnlein, Nuremberg, the main sales agency for the tubes produced.
The initial shareholders of NMH were Bavaria (45 %), Thyssen Edelstahlwerke Ag (5,5 %), Thyssen Stahl AG (5,5 %), LSW (11 %), Krupp Stahl AG (11 %), Klöckner Stahl GmbH (11 %) and Mannesmann Röhrenwerke AG (11 %). In order to enable LSW to participate in NMH, Bavaria took over a 19,734 % share in LSW in 1988. By Decision dated 26 July 1988, the Commission concluded that the participation of the State in both companies did not contain State aid elements (7).
In August 1992, the German authorities notified the Commission of the intention of the Bavarian Government to grant a loan totalling DM 10 million (ECU 5,3 million) to NMH. The Commission decided that the loan would not constitute State aid because all private shareholders were prepared to grant similar loans under the same conditions in line with their participation. Bavaria was thus acting like the private shareholders of the company. The German authorities were informed of this decision (8) and the reasoning underlying it by letter dated 2 February 1993.
By agreement dated 7 December 1992 and 3 March 1993, Klöckner Stahl GmbH transferred its shares in NMH to Annahütte Max Aicher GmbH & Co KG, Hammerau (hereinafter referred to as 'Annahütte`), for a purchase price of DM 1 (ECU 0,53). On 14 June 1993, Krupp Stahl AG, Thyssen Stahl AG and Thyssen Edelstahlwerke AG transferred their shares in NMH to LSW for a purchase price totalling DM 200 000 (ECU 106 382). The German Government informed the Commission in its letter dated 9 December 1994 that the transfer of the shares had become effective regardless of whether or not the creditors agreed. In its letter dated 18 September 1995 the German authorities informed the Commission that the transfer of the shares of these four shareholders to the two companies of the Aicher group had become formally valid only on 21 March 1994 after the Bavarian Government had given its assent, which was necessary according to the partnership agreement.
The present shareholding situation therefore appears to be as follows:
TABLE
LSW and Annahütte are controlled by the entrepreneur Mr Aicher.
NMH produces some 299 kilotonnes per year (kt/y) of crude steel (capacity: 444 kt/y), 81 kt/y of semi-finished products and some 85 kt/y of light and heavy sections (capacity: 258 kt/y). Its subsidiary RNM produces some 70 kt/y of tubes (capacity: 136 kt/y). NMH currently employs 1 040 persons, RNM employs 560 persons. NMH has never made profits since its establishment in mid-1990. The total losses up to the end of 1994 were established at DM 156,4 million (ECU 83,19 million). In 1993, the company suffered losses of approximately DM 88 million (ECU 46,8 million) and had a turnover of DM 216 million (ECU 114,9 million). 25 % of the losses of around DM 44 million (ECU 23,4 million) and had a turnover of DM 284 million (ECU 151 million). Around one third of these losses were related to the profit and loss transfer agreement with RNM.
As from March 1992, when Thyssen, Krupp and Klöckner informed their fellow shareholders that they had decided to withdraw from their participation, Bavaria was looking for a viable privatization and restructuring plan. The Bavarian entrepreneur Max Aicher, participating in NMH through LSW, proposed a restructuring of the company based on traditional blast furnace technology using the synergy advantages of a grouping of the Bavarian steel companies NMH, Annahütte and LSW. The costs of this plan to Bavaria were estimated at around DM 200 million (ECU 106,4 million). Manfred Kühnlein, the Nuremberg tube trader holding 15 % in RNM, proposed a plan called MARS, in which a group of fourteen partners would have implemented a new technology designed by Voest Alpine AG and Mercedes Benz AG for the recycling of car frames. The costs of this plan to Bavaria were finally estimated at about DM 280 million (ECU 148,9 million). Later in 1993, the US recycling specialist WMX Technologies Inc. with its German subsidiary WASTE Management GmbH started feasibility studies concerning the car recycling plan. In early 1994, WASTE concluded that the recycling plan was not viable. The Bavarian Government decided in March 1994 to honour the proposal of Aicher. In May 1994, the German Government notified the Commission of Bavaria's intended financial measures in connection with the Aicher plan.
Bavaria and Max Aicher GmbH & Co agreed by contract dated 27 January 1995 that Bavaria would sell its 45 % share in NMH to Max Aicher GmbH & Co for DM 3 (ECU 1,59). They further agreed that Bavaria would pay 80,357 % of the losses accumulated by NMH up to the end of 1994. The losses were finally fixed at DM 156,4 million (ECU 83,19 million), so that the payment of Bavaria under the contract would amount to DM 125,7 million (ECU 67,81 million). The shareholders' loans granted by Bavaria could, according to the contract, be off-set against the intended contribution once the contract entered into force. The parties to the said contract further agreed that Bavaria should pay up to DM 56 million (ECU 29,78 million) to cover costs of investments. The Bavarian State and Mr Aicher agreed in a second contract dated 27 January 1995 that Bavaria would sell its 19,734 % share in LSW to Mr Aicher for DM 1 (ECU 0,53) and that the State should pay a 'countervailing payment` of DM 20 million (ECU 10,63 million) to LSW.
The German Government notified the Commission of the intended financial measures as described above. The Commission decided on 4 April 1995 that these measures constituted State aid and should therefore not be granted. The contracts consequently did not enter into force because they were concluded on condition that the Commission approved.
The German Government informed the Commission that Bavaria granted the following loans to Neue Maxhütte Stahlwerke GmbH:
TABLE
The loans were granted for ten years at an interest rate of 7,5 % per annum. NMH was supposed to make annual repayments, but only if it achieved profits during the preceding year.
The first three loans in the above list were accompanied by loans granted by other shareholders of NMH and RNM under the same conditions. The first loan was accompanied by a DM 176 000 loan granted by LSW, which at that time held 11 % of the shares in NMH, and a DM 54 000 loan granted by Kühnlein, a 15 % shareholder of RNM. The second loan was accompanied by a DM 1,5 million loan granted by LSW, which at that time still formally held 11 % of the shares of NMH but had already agreed on 14 June 1993 to take over an additional 22 % from Thyssen and Krupp, and a DM 270 000 loan granted by Kühnlein. The third loan was accompanied by a DM 1,1 million loan from Annahütte which at that time had already agreed, by contract concluded in March 1993, to take over the 11 % share of Klöckner Stahl GmbH (which is now called Stahlwerke Bremen GmbH) without formally being a shareholder at that time. The other shareholders of NMH did not participate in the financing of the company through shareholders' loans after February 1993. The remaining seven loans granted by Bavaria were granted without any parallel loan from other shareholders of the company.
III
The German Government submitted their comments concerning the Commission's decision to initiate the procedure and replied to the comments received from other Member States and third parties. The German Government is of the opinion that the loans in question should be seen exclusively in connection with the privatization and restructuring plan and should therefore not be regarded as aid.
The German authorities explained that Bavaria decided in 1992 to terminate its participation in NMH and to find an industrial solution for the future of the company. The Bavarian authorities conducted difficult negotiations with several potential industrial partners throughout the year 1993 and up until March 1994. In May 1994, they notified the Commission of the intended financial measures related to the Aicher plan. The loss-making NMH would not have survived this period without liquidity being provided by its shareholders. The loans made available by Bavaria were granted to hedge the intended privatization of the shares of Bavaria. Since Bavaria was the major shareholder (45 %) in NMH, the German authorities consider the financing of NMH to be in line with the normal behaviour of a solvent partner in a social market economy, even in a situation in which the other shareholders, holding the majority of shares, are not prepared to participate in the financing.
The German Government referred to their communications during the procedure covering the intended financial measures in connection with the privatization and restructuring plan in which they reported some cases which they considered to support their opinion that private investors would have behaved in a comparable way. They referred in particular to the example of the private Schörghuber group in the case of Heilit & Woerner Bau AG (9).
As regards the behaviour of the other shareholders of NMH during the period March 1993 to August 1994, the German authorities are of the opinion that it should not be taken as an indicator for normal market investors' behaviour.
In March 1992, Thyssen, Krupp and Klöckner decided to withdraw from their participation in NMH after having granted a finale shareholders' loan of DM 1,1 million (ECU 0,58 million) each. After this decision they did not consider themselves to be obliged to participate in the financing of the loss making operations of NMH any more.
The shareholders Kühnlein and Aicher group terminated their participation in the financing of NMH in August and December 1993 respectively because, according to the German Government, of the uncertainty regarding the possibility of implementing their plans for the future of the company. Mannesmann was, according to the German Government, interested only in RNM and therefore was not prepared to participate in the financing of NMH.
The German authorities are of the opinion that in such a situation of financing of NMH by its major shareholder Bavaria was in line with the normal behaviour of any private investor who has sufficient financial means to provide the company with liquidity to continue its operations.
In addition, the German Government stressed that any assessment of the financing of NMH should take into account the low share of the company in the European steel market, which is reported by the German authorities to be at around 0,2 %.
IV
Neue Maxhütte Stahlwerke GmbH is a company falling within Article 80 of the ECSC Treaty because it produces products listed in Annex I to the ECSC Treaty, so that the provisions of the ECSC Treaty and the Steel Aid Code are applicable.
State aid within the meaning of Article 4 (c) of the ECSC Treaty is any transfer of State resources to public or private steel firms, in the form of acquisitions of shareholdings or provision of capital or similar financing, if the financial transfer is not a genuine provision of risk capital according to usual investment practice in a market economy, allowing for a prospect of future return on investment or other revenue (10).
Bavaria's loans totalling DM 49,895 million (ECU 26,53 million) to NMH constituted a transfer of State resources to a steel firm. It is to be established whether this transfer of State resources may be considered as a genuine provision of risk capital according to usual investment practice in a market economy allowing for a prospect of future repayment or other revenue.
The Commission has always focused on the behaviour of private investors that are exactly in the same situation as the State when establishing whether a given public provision of capital corresponded to normal market practice. The private shareholders of the relevant company would only consider the particular economic situation of the company when assessing whether a provision of financial resources was economically responsible. A private shareholder would not be prepared to provide financial liquidity to a company in difficulties if its fellow shareholders were not prepared to contribute in line with their participation in the equity.
German law provides for shareholders' loans which were granted or not redeemed when the company was in a financial situation calling for liquidation or the additional provision of risk capital by its shareholders to be treated similarly to the injection of risk capital in the event of later bankruptcy ('eigenkapitalersetzende Darlehen`, see §§ 32a, 32b Gesetz betreffend die Gesellschaften mit beschränkter Haftung, hereinafter referred to as 'the GmbHG`). Due to this legal situation, shareholders' loans granted to avoid illiquidity and subsequent bankruptcy of a company are in general considered to be comparable to the injection of risk capital.
The GmbHG refers in § 26 paragraph 2 to the general principle that shareholders would provide additional risk capital only if the fellow shareholders also provided new risk capital in line with the percentage of their share in the company. A shareholder, however, is in principle not liable to effect further contributions to the equity of a private limited company (§ 707 of the Civil Code) even if it would otherwise become insolvent.
Between March 1993 and August 1994, Bavaria, the 45 % shareholder of NMH, provided 94,15 % of the liquidity available by shareholders to maintain the loss-making NMH in operation. Only during the period March 1993 to December 1993 did one other shareholder of NMH (LSW), a shareholder of its subsidiary RNM (Kühnlein) and Annahütte grant loans under the same conditions as Bavaria. Kühnlein, a 15 % shareholder in RNM, granted 5,7 % of the total loan made available at the end of March 1993 and 3,3 % of the total loan made available in August 1993. LSW and Annahütte, both companies of the Aicher group provided 18,5 % and 18,4 % of the total loans granted in March and August 1993 respectively and 19,6 % of the loans granted in December 1993. During this time LSW was formally only an 11 % shareholder and Annahütte was formally not yet a shareholder, since the assent of the Bavarian Government concerning the transfer of the shares of Klöckner, Thyssen and Krupp was given only on 21 March 1994.
Both Kühnlein and Aicher group were during the time when they granted these loans negotiating plans for the takeover of the majority of shares in NMH. Both submitted plans in which Bavaria would inter alia have covered past losses of NMH, providing aid of between DM 200 and 280 million. The Aicher plan as notified to the Commission provided for a loss compensation covering around 80 % of the total losses accumulated by NMH since it outset. Bavaria would have waived its claims based on shareholders' loans entirely and would have granted additional liquidity which would, inter alia, have allowed the company to pay back loans from other shareholders. Bavaria made clear during the negotiations that repayment on its shareholders' loans would not be expected in order not contribute to the survival of the company. In this situation, Kühnlein and Aicher had a significant reason for participating in the granting of the first three loans between March and August or December 1993. Both expected to become majority shareholders of NMH after the loans had in effect been redeemed by the Bavarian government on disposal of its shares in NMH.
Aicher group, through LSW and Annahütte, granted in March, August and December around 20 % of the total amount of loans. The decision that LSW and Annahütte would contribute to the financing of NMH was not related to the actual or expected percentage of shares of these companies in NMH but reflected the position of the Aicher group that 80 % of the debts of NMH accumulated before privatization should be borne by Bavaria which led to the calculation of the expected loss compensation in the framework of the privatization and restructuring plan as described above. This ratio was also used to explain the proposed loss compensation for NMH, which was rejected by the Commission by its Decision of 4 April 1995. When the first two loans of March and August 1993 were granted, LSW was formally still only an 11 % shareholder. At the time of the second loan, it had already agreed with Krupp and Thyssen to take over an additional 22 % of the shares in NMH. When the third loan was granted in December 1993, Annahütte was formally not a shareholder of NMH and had no other relation to this company except that it had already agreed with Klöckner to take over an 11 % share in NMH. It appears therefore that this behaviour of the Aicher group was mainly motivated by the expected future implementation of its plan for the takeover of the majority of NMH and its wish to show during the negotiations with the Bavarian Government its readiness to provide liquidity for NMH to an extent reflecting the proposed future share of the State in the loss coverage for NMH. The Aicher group terminated its participation in the financing of NMH at the beginning of 1994, immediately before the Bavarian Government finally decided to implement the Aicher plan, and did not take up its provision of liquidity after having been chosen to become the future majority shareholder of NMH, relying on the Sate's readiness to maintain NMH in operation, to await the Commission's approval for the injection of further public resources by Bavaria.
Kühnlein terminated its participation in the financing of NMH when it became evident that its plan would finally not be implemented.
It may therefore be concluded that the behaviour of both Kühnlein and the companies of the Aicher group was not motivated by the shareholding in NMH but by the negotiations with Bavaria with a view to the subsidized takeover of the majority of the shares in NMH. Their behaviour cannot therefore be considered appropriate normal behaviour of a private investor in a market economy in assessing the behaviour of the State as regards the financing of NMH between March and December 1993.
The former private shareholders of NMH (Krupp, Klöckner, Thyssen) decided in March 1992 to terminate their participation in NMH, not to provide further liquidity and to dispose of their shares. They were not prepared to inject additional capital on top of what they already agreed. Their behaviour was a normal operation to terminate a loss-making commitment with the lowest possible economic disadvantage.
Mannesmann Röhrenwerke AG, still a shareholder of NMH, was not prepared to grant any financial contribution to allow the restructuring of NMH. The desire to retain the industrial leadership in RNM may explain the fact that it did not behave in the same way as Krupp, Thyssen and Klöckner but does not prove that the behaviour of the State is in line with normal investors' behaviour in a market economy. If shareholders' loans to NMH had been economically reasonable and profitable, the private company Mannesmann would have granted them.
The other shareholders of NMH, private steel companies, have no longer participated in the financing of the loss-making NMH since March 1992. Only Kühnlein and Aicher group, competing for the subsidized takeover of a majority of NMH, granted loans of small amounts in the period between March 1993 and August or December 1993.
On the basis of the above it must be concluded that Bavaria could never have expected to receive any repayment on the loans totalling DM 49,895 million (ECU 26,53 million). In the event of bankruptcy of NMH, the loans would have been treated similarly to an injection of risk capital, so that the State would only have received repayment after the paying-off of all other creditors, a highly unlikely prospect. Bavaria, in addition, was always prepared to waive the claims based on these loans to allow the privatization of its shares in NMH and thereby to safeguard the jobs in the structurally weak region of Oberpfalz.
The German Government is of the opinion that the loans granted by Bavaria to NMH were intended to allow the drafting and implementation of a privatization and restructuring plan that would finally allow a self-sustained viable future for the company. This financing was considered to be the normal behaviour of a solvent shareholder acting in a social market economy from the point of view of an entrepeneurially as well as socially responsible transfer of a company into solely private responsibility.
The Commission considered these aspects in particular in the light of the decisions of the Court of Justice in Case C-303/88, cited above, and Case C-305/89 (11). In these judgments, the Court pointed out, inter alia, that where the injection of public capital disregarded any prospect of profitability, even in the long term, such injection must be regarded as aid. Considering also the other aspects of possible private investors' behaviour, addressed in the decisions of the Court of Justice in Cases C-303/88 and C-305/89, the injection of capital by Bavaria is incompatible with normal private investors' behaviour. There was no prospect of any future economic advantage, even indirect or intangible, arising from these injections. The circumstances of the present case show clearly that there was never any prospect of profitability, be it in the short term or the long term, for the financing by Bavaria. The loans were intended to cover the operating losses to avoid illiquidity and therefore insolvency during a period in which the subsidized privatization was being prepared. It was not regarded as possible, nor was it intended, to claim back the contributions necessary to maintain NMH in operation during the period between March 1993 and August 1994.
The Commission, acting within the scope of application of the EC Treaty, assesses cases of such contributions to maintain a company in operation during the drafting and negotiating of a restructuring plan under the Community Guidelines on State aid for rescuing and restructuring firms in difficulty (12). It should, however, be noted that these Guidelines are not applicable to companies falling under Article 80 of the ECSC Treaty as rescue and restructuring aid cannot be deemed compatible with the common market under the Steel Aid Code.
The behaviour of Bavaria as regards the loans in question is therefore not the normal behaviour of a private investor in a market economy. The examples of private companies referred to by the German Government do not indicate the contrary. The Commission explained in detail in its decision of 4 April 1995 that these examples are such as to show that a private investor would be ready to provide liquidity without having at least a reasonable chance of receiving an economic advantage in return. In this context it should be recalled that the Court of Justice in Case C-303/88, referred to above, stated that '. . . when injections of capital by a public investor disregard any prospect of profitability, even in the long term, such provision of capital must be regarded as aid.`
Nor does the particular example of the private Bavarian Schörghuber group, transferring its shares in Heilit & Woerner Bau AG to Walter Bau AG after a final loss compensation, indicate that private investors would be prepared to keep a loss-making company in operation merely to comply with alleged altruistic obligations in a social market economy. It is true that private companies, as well as private natural persons, may from time to time chose to dispose of their finances in a benevolent, charitable or public-spirited way. Such behaviour, however, is very different from the behaviour of investors in a private market economy and therefore cannot be relevant for the comparison of the behaviour of the State with the typical behaviour of a private investor in a market economy.
The behaviour of Bavaria in the case at issue may be motivated by the wish of its government to avoid social difficulties in a structurally weak region, the wish to avoid being held responsible by public opinion for the bankruptcy of a company and the aim of allowing an ailing company to restore its viability. Such motives are the typical motives for States to grant subsidies. They do not prove that the financial support made available based on these motives does not represent aid within the meaning of Article 4 (c) of the ECSC Treaty and Article 1 of the Steel Aid Code.
It must consequently be concluded that the shareholders' loans totalling DM 49,895 million (ECU 26,53 million), granted by Bavaria to Neue Maxhütte Stahlwerke GmbH between March 1993 and August 1994 constituted State aid. The aid element of these loans is not inherent in any preferential treatment as regards the level of interest, but in the capital provided itself.
The loans are to be regarded as being comparable to a direct injection of risk capital because the lender, Bavaria, would have received redemption, to be paid annually, only if the company made profits during the preceding year. This is the normal result of the injection of risk capital. Bavaria has no reasonable chance of ever receiving any repayment on the capital-replacing loans. Therefore, the value of the loans itself is comparable to injected risk capital being made available by a shareholder of an ailing private limited company.
Any State aid to steel companies is prohibited under Article 4 (c) of the ECSC Treaty. The Steel Aid Code, adopted with the unanimous assent of the Council under Article 95 of the ECSC Treaty, provides that certain categories of aid may be deemed compatible with the common market, such as aid for research and development (Article 2), aid for environmental protection (Article 3), aid for closures (Article 4) and aid under general regional investment aid schemes in certain territories of the Community (Article 5). The aid granted to NMH does not fall under one of these categories. Rescue and restructuring aid cannot be deemed compatible with the common market under the provisions of the Steel Aid Code.
V
The Commission therefore concludes that an amount of DM 49,895 million (ECU 26,53 million), granted as loans by Bavaria to the ECSC steel undertaking Neue Maxhütte Stahlwerke GmbH between March 1993 and August 1994 constituted State aid incompatible with the ECSC Treaty and the Steel Aid Code.
Any State aid granted unlawfully is, in principle, to be recovered from the recipient firm. Repayment must be made in accordance with the procedures and provisions of German law with interest, based on the interest rate used as reference rate in the assessment of regional aid schemes, starting to run on the date on which the aid was granted.
The fact that NMH has only a small share in the European steel market is not relevant to the question of whether or not unlawful aid has to be reimbursed. Any State aid to companies in the ECSC sector that has not been authorized by the Commission under the provisions of the ECSC Treaty or the Steel Aid Code is unlawful regardless of whether or not the distortive effect of the aid is relatively small due to the size of the company concerned.
There is no legal basis for a suspension of the order to recover aid that was granted unlawfully without awaiting the prior decision of the Commission as to whether or not the aid was compatible with the common market. The provisions of the ECSC Treaty and the Steel Aid Code apply equally to all European ECSC steel undertakings, and no undertaking should benefit from the readiness of the State to transfer public resources to it in breach of its obligation under Article 6 (2) of the Steel Aid Code.
There is no reason to suspend the order to recover the aid that has been granted unlawfully in the present case until after the decision of the Court of Justice and the Court of First Instance in Cases C-158/95 and T-129/95. An action against a Commission decision that certain intended financial measures in favour of a steel company represent aid and must therefore not be granted has no suspensive effect. The company which is to be the beneficiary of such financial measures may not receive State aid to allow the continuation of its operations until the final decision of the Courts. The fact that the Commission and a Member State are of different opinions concerning the question of whether or not an intended financial measures constitutes aid does not render the company concerned eligible for operating aid that is in all other cases prohibited for companies in the ECSC steel sector,
HAS ADOPTED THIS DECISION:
Article 1
The amount of DM 49,895 million granted as loans by Bavaria in ten tranches between March 1993 and August 1994 to the ECSC steel undertaking Neue Maxhütte Stahlwerke GmbH, Sulzbach-Rosenberg, constitutes State aid incompatible with the common market and prohibited under the provisions of the ECSC Treaty and Decision No 3855/91/ECSC.
Article 2
Germany shall recover the aid from the recipient company. Repayment shall be made in accordance with the procedures and provisions of German law with interest, based on the interest rate used as reference rate in the assessment of regional aid schemes, starting to run on the date on which the aid was granted.
Article 3
Germany shall inform the Commission, within two months of being notified of this Decision, of the measures taken to comply therewith.
Article 4
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 18 October 1995. | [
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COUNCIL REGULATION (EC) No 542/98 of 9 March 1998 on conclusion of the Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 May 1997 to 30 April 2001
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), first sentence and the first subparagraph of Article 228(3) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, pursuant to the Agreement between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal (3), 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 those negotiations, a new Protocol establishing the fishing rights and financial compensation provided for in the abovementioned Agreement for the period from 1 May 1997 to 30 April 2001 was initialled on 26 March 1997;
Whereas it is in the Community's interest to approve the new Protocol;
Whereas the formula for apportioning trawler and tuna fishing opportunities between the Member States should be established on the basis of the traditional allocation under the fisheries agreement;
Whereas point C of Annex I appearing in the Annex to the Protocol requires Community shipowners to land tuna catches in Senegal at their own expense; whereas this requirement needs to be clarified by setting a formula for apportioning direct landings by freezer tuna seiners,
HAS ADOPTED THIS REGULATION:
Article 1
The Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 May 1997 to 30 April 2001 (4) is hereby approved on behalf of the Community.
Article 2
The trawler and tuna fishing rights laid down in Article 1 of the Protocol shall be apportioned between the Member States as follows:
TABLE
Article 3
The percentage of the catch that owners of Community freezer tuna trawlers are obliged to land directly in accordance with point C of Annex I appearing in the Annex to the Protocol shall be apportioned as follows:
TABLE
Article 4
The President of the Council is hereby authorised to designate the persons empowered to sign the Protocol in order to bind the Community.
Article 5
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 March 1998. | [
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COMMISSION REGULATION (EC) No 1489/98 of 13 July 1998 amending for the 13th time Regulation (EC) No 913/97 adopting exceptional support measures for the pigmeat market in Spain
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 3290/94 (2), and in particular Article 20 thereof,
Whereas, because of the outbreak of classical swine fever in certain production regions in Spain, the Commission adopted Regulation (EC) No 913/97 (3), as last amended by Regulation (EC) No 1407/98 (4), to introduce exceptional support measures for the pigmeat market in that Member State;
Whereas, because the veterinary and trade restrictions continue to apply, the number of piglets which may be delivered to the competent authorities should be increased so that the exceptional measures can continue from 26 June 1998;
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
Annex I to Regulation (EC) No 913/97 is 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 with effect from 26 June 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 July 1998. | [
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COMMISSION DECISION
of 14 April 2009
concerning the non-inclusion of certain substances in Annex I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market
(notified under document number C(2009) 2566)
(Text with EEA relevance)
(2009/324/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC.
(2)
For a number of substance/product type combinations included in that list, the original participants discontinued their participation in the review programme.
(3)
Consequently, and pursuant to Articles 11(2), 12(1) and 13(5) of Regulation (EC) No 1451/2007, the Commission informed the Member States thereof. That information was also made public by electronic means on 14 June 2006.
(4)
Within the period of three months from that publication, other persons indicated an interest in taking over the role of participant for some substance/product type combinations.
(5)
Commission Decision 2007/794/EC (3) fixed the new deadline for the submission of a complete dossier to 30 April 2008 for these substance/product type combinations.
(6)
No complete dossiers were however received within this time period for certain of these substance/product type combinations.
(7)
Pursuant to Articles 12(4) and 12(5) of Regulation (EC) No 1451/2007, the substances should therefore not be included for the product-types concerned in Annexes I, IA or IB to Directive 98/8/EC.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS DECISION:
Article 1
The substances indicated in the Annex to this Decision shall not be included for the product-types concerned in Annexes I, IA or IB to Directive 98/8/EC.
Article 2
For the purposes of Article 4(2) of Regulation (EC) No 1451/2007, this Decision shall apply from 1 June 2009.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 14 April 2009. | [
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*****
COUNCIL REGULATION (EEC) No 934/86
of 24 March 1986
amending Regulation (EEC) No 1785/81 on the common organization of the markets in the sugar sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Article 23 of Regulation (EEC) No 1785/81 (3), as last amended by Regulation (EEC) No 3768/85 (4), lays down that the sugar sector's production quota arrangements are applicable in respect of the marketing years 1981/82 to 1985/86 and that the Council must, in good time, adopt the arrangements to be applied with effect from 1 July 1986;
Whereas, since the 1981/82 marketing year, the common organization of the sugar markets has been based on the principle that producers are financially liable for all the losses resulting from the disposal of the Community's surplus production in relation to domestic consumption;
Whereas, on the one hand, the changing situation on the world market in recent years, a constant feature of which has been overproduction, resulting in ever-rising surplus stocks, and, on the other hand, the large technical production potential of the Community mean that the effective measures applied to date in order to achieve control over production should be maintained; whereas the quota arrangements should therefore be applied for a new five-year period;
Whereas enlargement of the Community extends the application of the quota system's basic rules and its machinery to other producers and whereas the foreseeable volume of overproduction of both A and B sugar is considerably reduced as a result of this enlargement; whereas, moreover, additional outlets could be found within the Community by encouraging, for instance, the use of quota sugar for purposes other than human consumption; whereas, in view in particular of the unstable situation of world sugar market prices and the cyclical nature of this trend, it would appear appropriate to maintain unchanged the existing basic quantities of sugar and isoglucose for the 1986/87 and 1987/88 marketing years and to lay down that for the marketing years 1988/89 to 1990/91 the basic quantities and the allocation of the resulting costs for producers shall be fixed subsequently in the light of developments in the situation;
Whereas, in order to cover the disposal costs relating to the new outlets referred to above, the method of financing should be adjusted by making producers bear, as part of a review of the system, all or part of the cost of payment of the production refunds concerned;
Whereas, given the need to allow for a certain structural adjustment of the processing industry and of beet and cane growing during the period in which these quotas are applied, provision should be made for a margin of manoeuvre allowing Member States to alter undertaking quotas by a maximum of 10 %; whereas, in view of the particular situation of this sector in Spain, Italy and the French overseas departments, this limit should not be applied in those regions when restructuring plans are being implemented;
Whereas, to enable all actual expenditure relating to the export of Community production surpluses in respect of the 1981/82 to 1985/86 marketing years to be covered, regardless of application in the future of the self-financing system provided for in Article 28 of Regulation (EEC) No 1785/81, provision should be made for the introduction of an elimination levy in this sector; whereas a demonstration of solidarity should be asked of all producers concerned so that the deficit recorded following the period 1981/82 to 1985/86, amounting in budgetary terms to some 400 million ECU, may be eliminated;
whereas to establish this levy as fairly as possible, it seems warranted to spread it out over a period of five marketing years and to apply it to all sugar or isoglucose production which has benefited directly or indirectly from the guarantees under the common organization of the markets;
Whereas it is materially impossible to pass on this levy individually to the agricultural producer and the processing industry on the basis of the advantages reaped from the system in the past on account of the trend in production structures in this sector; whereas application differentiated according to production regions within the meaning of Article 24 (2) of Regulation (EEC) No 1785/81 is accordingly the sole possibility; whereas, to this end, due account must be taken of contributions paid in the past by all planters of beet and cane and producers of sugar and isoglucose, and of foreseeable effective production in these same regions by reference to production in the 1984/85 marketing year;
Whereas, however, in view of the need to balance the costs and benefits of the scheme, the differentiated amounts of the elimination levy must be adjusted as necessary so as to ensure that the revenue from the levy does not exceed, per region and for the entire period of the five marketing years in question, the amount needed to cover actual expenditure on exporting surpluses in respect of the 1981/82 to 1985/86 marketing years;
Whereas, in view of the nature of the elimination levy, it should not be applied to production regions in Spain and Portugal;
Whereas beet and sugar production in Italy and that of cane and sugar in the French overseas departments continue to experience difficulties particularly in the application of modern production techniques or for structural reasons; whereas these crops and their processing industries are important for these regions and even essential as regards the economy of the French overseas departments; whereas the Member States concerned should therefore be authorized to grant national adjustment aids to these sectors for a specific period on certain conditions; whereas, in the case of Italy, given the serious position of the sugar industry and the restructuring programme in progress in this sector, provision should be made, without prejudice to the application of Articles 92 to 94 of the Treaty, for the possible adjustment of these aids, and for the Commission to assess, in particular, the compliance of these aids with the said programme when applying those Articles;
Whereas the provisions of this Regulation should be introduced in the best possible circumstances; whereas a number of transitional measures may therefore be required; whereas those measures, if any, should be adopted in accordance with the procedure laid down in Article 41 of Regulation (EEC) No 1785/81,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1785/81 is hereby amended as follows:
1. Article 19 (7) shall be replaced by the following:
'7. Detailed rules for the application of this Article, and the amendment to Annex I, shall be adopted in accordance with the procedure laid down in Article 41.'
2. Article 23 shall be replaced by the following:
'Article 23
1. Articles 24 to 32 shall apply, without prejudice to paragraph 3, in respect of the marketing years 1986/87 to 1990/91.
2. For the 1986/87 and 1987/88 marketing years, and without prejudice to Article 25, the A and B quotas of sugar-producing undertakings and isoglucose-producing undertakings shall be those which obtained in the 1985/86 marketing year.
3. The Council, acting in accordance with the procedure laid down in Article 43 (2) of the Treaty, shall determine before 1 January 1988 in respect of the marketing years 1988/89 to 1990/91 in particular the basic production quantities for A and B sugar and isoglucose and the allocation of the resulting costs for producers in the context of the quota arrangements under this Title.'
3. Article 24 (1) (c) shall be replaced by the following:
'(c) "C sugar" and "C isoglucose" mean any quantity of sugar or isoglucose the production of which is attributable to a specific marketing year and which is produced either by the undertaking concerned outside the sum of its A and B quotas or by an undertaking which has no quota.'
4. The second subparagraph of Article 25 (2) shall be replaced by the following:
'The limit of 10 % referred to in the first subparagraph shall not apply in Italy, Spain or in the French overseas departments in cases where the transfer of quotas is made on the basis of restructuring plans in the beet, cane and sugar sectors in the region concerned and to the extent necessary to permit such plans to be implemented. As regards the transfers of quotas in Spain under such restructuring plans, Article 9 of Regulation (EEC) No 193/82 (1) shall apply.
(1) OJ No L 21, 21. 1. 1982, p. 3.' 5. the second subparagraph of Article 26 (1) shall be replaced by the following:
'Articles 8, 9, 18 and 19 shall not apply to this sugar, nor Articles 9, 18 and 19 to this isoglucose.'
6. in Article 28 (1), the introductory words shall be replaced by:
'1. Before the end of each marketing year, there shall be recorded:'
7. in Article 28 (2), the introductory words shall be replaced by:
'2. At the end of the 1987/88 marketing year there shall be recorded cumulatively for the two marketing years 1986/87 and 1987/88:'
8. the following third and fourth subparagraphs shall be added to Article 28 (5):
'However, the Council may, in accordance with the procedure referred to in the second subparagraph and as from the 1986/87 marketing year, increase the maximum permitted B levy up to 37,5 % of the intervention price for white sugar.
According to the procedure referred to in the second subparagraph, the Council may decide that some or all of the losses resulting from payment of production refunds referred to in Article 9 (3) shall be taken into account for the establishment of the total loss referred to in paragraph 1 (e) of this Article.'
9. the following Title shall be inserted after Article 32:
'TITLE III a
ELIMINATION LEVY
Article 32a
1. Without prejudice to Title III, an elimination levy, designed to eliminate the 400 million ECU deficit recorded following application of the quota arrangements in the period 1981/82 to 1985/86, shall be charged to manufacturers of sugar and isoglucose during the 1986/87 and 1990/91 marketing years in respect of their production of A and B sugar and A and B isoglucose.
In the marketing years 1986/87 and 1987/88 the elimination levy designed to eliminate the deficit for the whole Community of 80 million ECU for each marketing year shall apply in accordance with the particulars set out in paragraphs 2 and 3.
When making the decisions to be taken before 1 January 1988 pursuant to Article 23 (3), the Council, acting by a qualified majority on a proposal from the Commission, shall decide on the detailed procedures for applying the elimination levy in accordance with paragraphs 2 and 3 for the 1988/89 to 1990/91 marketing years.
2. With regard to sugar manufacturers, the elimination levy referred to in paragraph 1 shall be fixed, for the relevant regions, as follows:
1.2 // // // Region within the meaning of Article 24 (2) // Amount in ECU for 100 kg (white sugar equivalent) // // // Denmark // 0,7736 // Germany // 0,8823 // France (metropolitan) // 0,8820 // French overseas departments // 0,1766 // Greece // 0,3982 // Ireland // 0,4080 // Italy // 0,3398 // Netherlands // 0,7552 // Belgo-Luxembourg Economic Union // 0,7137 // United Kingdom // 0,4357 // //
3. With regard to isoglucose manufacturers, the elimination levy referred to in paragraph 1 shall be fixed, for the relevant regions, as follows:
1.2 // // // Region within the meaning of Article 24 (2) // Amount in ECU for 100 kg of isoglucose (dry matter equivalent) // // // Denmark // 0,3094 // Germany // 0,3529 // France (metropolitan) // 0,3528 // French overseas departments // 0,0706 // Greece // 0,1593 // Ireland // 0,1632 // Italy // 0,1359 // Netherlands // 0,3021 // Belgo-Luxembourg Economic Union // 0,2855 // United Kingdom // 0,1743 // //
4. However, the amounts of the elimination levies shall be adjusted, in accordance with the procedure laid down in paragraph 6, to the extent necessary to ensure that revenue from the elimination levy does not exceed, by region and for the whole of the five marketing years in question, five times the product of the elimination levy applied in the case of the region in question during the marketing years 1986/87 and 1987/88, multiplied by the A and B production quantity recorded for the marketing year 1984/85 for the same region. 5. The sugar manufacturers may require, depending on the case, from the sellers of beet or the sellers of cane grown in the Community, for a quantity of sugar for which the relevant elimination levy is charged, reimbursement of 60 % of this levy. However, the parties concerned may agree another percentage.
6. Detailed rules for the application of this Article shall, where necessary, be adopted according to the procedure provided for in Article 41.'
10. Article 46 shall be replaced by the following:
'Article 46
1. During the 1986/87 and 1987/88 marketing years, the Italian Republic and the French Republic shall be authorized to grant adaptation aid under the conditions laid down in paragraphs 2 and 3 to producers of sugar beet, producers of sugar cane and, where the case arises, producers of sugar.
2. In Italy, the aid referred to in paragraph 1 may be granted only in respect of the quantity of sugar produced within the limit of the A and B quotas of each sugar-producing undertaking.
For the sugar produced, the maximum amount of the aid per 100 kilograms of white sugar may not exceed 23,64 % of the intervention price for white sugar fixed in accordance with Article 3 (1) (a) for each of the marketing years 1986/87 and 1987/88.
3. However, the Italian Republic may adjust the aid referred to in paragraph 2 where this is necessitated by exceptional requirements connected with current plans for restructuring the sugar sector in Italy. In applying Articles 92 to 94 of the Treaty, the Commission shall assess in particular whether such aid is consistent with the restructuring plans.
4. In France, the aid referred to in paragraph 1 may be granted only in respect of a quantity of white sugar produced in the overseas departments not exceeding the basic quantity allocated to those departments as reduced by the A quota transfer of 30 000 tonnes of white sugar made in 1981/82 pursuant to the second subparagraph of Article 25 (3). Such aid may not exceed 6,04 ECU per 100 kilograms of sugar expressed as white sugar.
5. In addition, during the 1986/87 to 1987/88 marketing years the Italian Republic shall be authorized, when the interest rate granted in Italy to the most solvent applicant is higher, by 3 % or more, than the interest rate used to calculate the reimbursement referred to in Article 8, to cover the effect of this difference on the storage costs by a national aid.'
11. Article 48 shall be replaced by the following:
'Article 48
Transitional measures may be adopted in accordance with the procedure laid down in Article 41.
Such measures shall be applicable until 30 June 1987 at the latest.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 1986. | [
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COMMISSION DIRECTIVE 2008/15/EC
of 15 February 2008
amending Directive 98/8/EC of the European Parliament and of the Council to include clothianidin as an active substance in Annex I thereto
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes clothianidin.
(2)
Pursuant to Regulation (EC) No 2032/2003, clothianidin has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.
(3)
Germany was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 15 December 2005 in accordance with Article 10(5) and (7) of Regulation (EC) No 2032/2003.
(4)
The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment report.
(5)
The review of clothianidin did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.
(6)
It appears from the examinations made that biocidal products used as wood preservatives and containing clothianidin may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. However, unacceptable risks were identified for uses of treated wood outdoors but not in ground or water contact. It is therefore appropriate to include clothianidin in Annex I to Directive 98/8/EC, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing clothianidin can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. Authorisations for products to be used for the treatment of wood that will be used outdoors will require the submission of data in order to demonstrate that the products can be used without unacceptable risks to the environment.
(7)
In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing clothianidin and used as wood preservatives to ensure that risks be reduced to an acceptable level in accordance with Article 5 and Annex VI of Directive 98/8/EC. Special attention should be paid to measures aimed at protecting the soil, surface water and groundwater compartments since unacceptable risks in these compartments have been identified during the evaluation of the submitted dossier from certain uses.
(8)
Not all potential uses have been evaluated at the Community level. It is therefore appropriate that Member States assess those risks to the compartments and populations that have not been representatively addressed in the Community level risk assessment and, when granting product authorisations, ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks to acceptable levels.
(9)
It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance clothianidin and also to facilitate the proper operation of the biocidal products market in general.
(10)
A reasonable period should be allowed to elapse before an active substance is included in Annex I to Directive 98/8/EC in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.
(11)
After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product type 8 containing clothianidin to ensure that they comply with Directive 98/8/EC.
(12)
Directive 98/8/EC should therefore be amended accordingly.
(13)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
Article 2
Transposition
1. Member States shall adopt and publish, by 31 January 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 February 2010.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 15 February 2008. | [
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COMMISSION DECISION of 17 May 1994 concerning the grant of assistance from the cohesion financial instrument to the stage of project concerning the construction of Via Egnatia - Igoumenitsa-Pedini section - subsection Vrosina (Psilorachi)-Pedini in Greece No CF: 93/09/65/016-2 (Only the Greek text is authentic) (94/692/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), as last amended by Council Regulation (EC) No 566/94 (2), and in particular Article 8 (6) thereof,
Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as amended by Regulation (EEC) No 2082/93 (4), are to apply, mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measure for which the cohesion financial instrument may provide assistance;
Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that the measures which are described in Annex V to this Decision are undertaken;
Whereas references to 'project' shall be understood to mean also 'stage of project';
Whereas on 2 July 1993 Greece submitted an application for assistance from the cohesion financial instrument for the project concerning the construction of Via Egnatia - Igoumenitsa-Pedini section - subsection Vrosina (Psilorachi)-Pedini;
Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93;
Whereas the application for assistance contains all the information required by Article 8 (4) of the Regulation and satisfies the criteria set out in Article 8 (3) and (5) of the Regulation;
Whereas the project is a transport infrastructure project of common interest;
Whereas the project forms part of the master plan for a trans-European road network;
Whereas, pursuant to Article 9 (1) of Regulation (EEC) No 792/93, technically and financially discrete stages of the project have been identified for the purpose of granting assistance from the financial instrument;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5), as last amended by Council Regulation (Euratom, ECSC, EEC) No 610/90 (6), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas pursuant to Article 9 or Regulation (EEC) No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project;
Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision; whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to
Article 9
(3) of Regulation (EEC) No 792/93 and Annex VI hereto;
Whereas all the other conditions laid down, have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
1. The stage of project concerning the construction of Via Egnatia - Igoumenitsa-Pedini section - subsection Vrosina(Psilorachi)-Pedini in Greece 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 5 198 000.
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 4 418 300.
4. The contribution is committed from the 1994 budget.
Article 3
1. Community assistance shall be based on the financial plan for the project set out in Annex II.
2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III.
3. The amount of the first advance payment shall be fixed at ECU 2 209 150.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Greece 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 subparagraph 1.
Article 5
1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures.
2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the Treaty.
Article 6
Systematic monitoring and assessment of the project 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 the Hellenic Republic.
Done at Brussels, 17 May 1994. | [
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Commission Regulation (EC) No 130/2004
of 26 January 2004
amending Regulation (EC) No 1518/2003 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 organisation of the market in pigmeat(1), and in particular Article 8(2), Article 13(12) and Article 22 thereof,
Whereas:
(1) The market in pigmeat is currently in a difficult situation and the market should be supported by granting export refunds for products falling within CN code 0203.
(2) Article 2(1) of Commission Regulation (EC) No 1518/2003(2) sets the period of validity of export licences at 90 days from their date of issue. However, to relieve the market rapidly and allow the market price level to improve, operators should be encouraged to undertake exports more rapidly by means of refunds. A shorter period of validity for export licences issued under this measure should therefore be set.
(3) Given the increase in refunds compared with previous situations, the amount of the securities set in Annex I to Regulation (EC) No 1518/2003 should be adjusted.
(4) Regulation (EC) No 1518/2003 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1518/2003 is hereby amended as follows:
(a) in Article 2(1) the following subparagraph is added:"However, for products falling within CN code 0203, export licences issued in February 2004 shall be valid only until the end of the second month following that of their issue and those issued in March 2004 shall be valid only until the end of the month following that of their issue."
(b) Annex I is 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 Union.
It shall apply to export licences applied for from 27 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 January 2004. | [
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COMMISSION REGULATION (EC) No 580/94 of 16 March 1994 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of boneless beef held by certain intervention agencies and intended for export, and repealing Regulation (EC) No 3553/93
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 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (3), as last amended by Regulation (EEC) No 1759/93 (4), has provided for the possibility of applying a two-stage procedure when selling beef from intervention stocks;
Whereas Commission Regulation (EEC) No 2824/85 of 9 October 1985 laying down detailed rules for the sale of frozen boned beef from intervention stocks for export, either in the same state or after cutting and/or repacking (5), as amended by Regulation (EEC) No 251/93 (6), has provided for repackaging under certain conditions;
Whereas certain intervention agencies hold large stocks of boneless intervention meat; whereas an extension of the period of storage for the meat bought in should be avoided on account of the ensuing high costs; whereas, as there are outlets in certain third countries for the products concerned, part of the meat should be put up for sale in accordance with Regulations (EEC) No 2539/84 and (EEC) No 2824/85;
Whereas with a view to securing a regular and uniform tendering procedure, measurs should be taken in addition to those laid down in Regulation (EEC) No 2173/79 (7), as last amended by Regulation (EEC) No 1759/93;
Whereas it is necessary to lay down a time limit for export of the said meat; whereas this time limit should be fixed by taking into account Article 5 (b) of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (8), as last amended by Regulation (EEC) No 2867/93 (9);
Whereas, in order to ensure that beef sold is exported, lodging of security, as specified in Article 5 (2) (a) of Regulation (EEC) No 2539/84, should be required;
Whereas it is appropriate to specify that, in view of the prices which have been fixed in the context of this sale in order to permit the disposal of certain cuts, exports of such cuts should not be eligible for the refunds periodically fixed in the beef and veal sector;
Whereas products held by intervention agencies and intended for export are subject to the provisions of Commission Regulation (EEC) No 3002/92 (10), as last amended by Regulation (EEC) No 1938/93 (11);
Whereas Commission Regulation (EC) No 3553/93 (12) should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. A sale shall be organized of approximately:
- 7 000 tonnes of boneless beef held by the Irish intervention agency and bought in before 1 April 1993,
- 8 000 tonnes of boneless beef held by the intervention agency of the United Kingdom and bought in before 1 January 1993,
- 5 000 tonnes of boneless beef held by the Danish intervention agency and bought in before 1 July 1993,
- 5 000 tonnes of boneless beef held by the French intervention agency and bought in before 1 August 1993.
2. This meat shall be for export.
3. Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulations (EEC) No 2539/84, (EEC) No 2824/85 and (EEC) No 3002/92.
The provisions of Commission Regulation (EEC) No 985/81 (13) shall not apply to this sale.
4. Notwithstanding Article 8 (1) of Regulation (EEC) No 2173/79 a tender must be submitted to the intervention agency concerned in a closed envelope, bearing the reference to the Regulation concerned. The closed envelope must not be opened by the intervention agency before the expiry of the tender deadline referred to in paragraph 6.
5. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
6. Only those tenders shall be taken into consideration which reach the intervention agencies concerned not later than 12 noon on 23 March 1994.
7. Particulars of the quantities and the places where the products are stored shall be available to interested parties at the addresses given in Annex II.
Article 2
The products referred to in Article 1 must be exported within five months from the date of conclusion of the contract of sale.
Article 3
1. The security provided for in Article 5 (1) of Regulation (EEC) No 2539/84 shall be ECU 30 per 100 kilograms.
2. The security provided for in Article 5 (2) (a) of Regulation (EEC) No 2539/84 shall be ECU 450 per 100 kilograms of boneless beef referred to under (a) in Annex I and ECU 230 per 100 kilograms of boneless beef referred to under (b) in Annex I.
Article 4
In the case of the meat referred to under 1 (b), 2 (b) and 3 (b) in Annex I no export refund shall be granted.
Article 5
1. In the removal order referred to in Article 3 (1) (b) of Regulation (EEC) No 3002/92, the export declaration, and, where appropriate, the T5 control copy shall be entered:
Productos de intervención [Reglamento (CE) no 580/94];
Interventionsprodukter [Forordning (EF) nr. 580/94];
Interventionserzeugnisse [Verordnung (EG) Nr. 580/94];
Proionta paremvaseos [kanonismos (EK) arith. 580/94];
Intervention products (Regulation (EC) No 580/94);
Produits d'intervention [Règlement (CE) no 580/94];
Prodotti d'intervento [Regolamento (CE) n. 580/94];
Produkten uit interventievoorraden [Verordening (EG) nr. 580/94];
Produtos de intervençao [Regulamento (CE) nº 580/94].
2. With regard to the security provided for in Article 3 (2), compliance with the provisions of paragraph 1 shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (14).
Article 6
Regulation (EC) No 3553/93 is hereby repealed.
Article 7
This Regulation shall enter into force on 23 March 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 March 1994. | [
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COMMISSION REGULATION (EC) No 347/94 of 16 February 1994 amending Regulation (EEC) No 2828/93 laying down common rules on verification of the use and/or destination of imported products falling within CN codes 1515 90 59 and 1515 90 99
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EC) No 3179/93 (2), and in particular Article 16 (6) thereof,
Whereas Commission Regulation (EEC) No 2828/93 (3), as amended by Regulation (EC) No 3495/93 (4), lays down common rules on the use of imported products covered by CN codes 1515 90 59 and 1515 90 99;
Whereas, in order to ensure uniform application of the verification rules, the wording of Article 3 of Regulation (EEC) No 2828/93 should be clarified;
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
In the first paragraph of Article 3 of Regulation (EEC) No 2828/93, the second indent is hereby replaced by the following:
'- their final utilization, where applicable after processing, has been as products other than olive oil.'
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, 16 February 1994. | [
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