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COUNCIL REGULATION (EEC) No 2105/93 of 22 July 1993 opening and providing for the administration of a Community tariff quota for herring, fresh or chilled, originating in Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European Economic Community and the Kingdom of Sweden was concluded on 22 July 1972 (1); whereas, following the accession of Spain and Portugal, an Agreement in the form of an exchange of letters was concluded between the European Economic Community and the Kingdom of Sweden on the agriculture and fisheries sector; whereas this Agreement approved by Decision 86/558/EEC (2);
Whereas this Agreement provides for the opening, over a period to be determined by common accord, of a 20 000 tonne duty-free Community tariff quota for herring, fresh or chilled, whole, headless or in pieces, originating in Sweden; whereas, therefore, the tariff quota in question should be opened for the period 15 August 1993 to 14 February 1994;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate of levy for the tariff quota should be applied consistently to all imports until the quota is used up;
Whereas the decision for the opening, in the execution of its international obligations, of tariff quotas should be taken by the Comunity; whereas, to ensure the efficiency of a common administration of these quotas, there is no reasonable obstacle to authorizing the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas, however, this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of this quota may be carried out by one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 15 August 1993 to 14 February 1994 the Common Customs Tariff duty on the following products shall be suspended at the level and within the time limit of the Community tariff quota as shown herewith:
/* Tables: see OJ */
(1) OJ No L 300, 31. 12. 1972, p. 1.
(2) OJ No L 328, 22. 11. 1986, p. 89.
(3) OJ No L 388, 31. 12. 1992, p. 1. Regulation as amended by Regulation (EEC) No 697/93, (OJ No L 76, 30. 3. 1993, p. 12).
(1), are at least equal to the reference prices if such prices have been fixed or are to be fixed by the Community for the product under consideration or the levy of the products concerned. For the calculation of the reference price, the following coefficients shall be applicable:
- whole herring: 1,
- flaps of herring: 2,32,
- pieces of herring: 1,96.
3. The Protocol concerning the definition of the concept of originating products and on methods of administrative cooperation annexed to the Agreement between the European Economic Community and the Kingdom of Sweden shall apply.
Article 2
The tariff quota referred to in Article 1 shall be administered by the Commission, which may take all appropriate administrative measures in order to ensure effective administration thereof.
Article 3
If an importer presents, in a Member State, a declaration of entry into free circulation, including a request for preferential benefit for a product covered by this Regulation and if this declaration is accepted by the customs authorities, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements from the quota amount.
The drawing requests, with indication of the date of acceptance of the said declarations, must be transmitted to the Commission without delay.
The drawings are granted by the Commission by reference to the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned to the extend that the available balance so permits.
If a Member States does not use the quantities drawn, it shall return them as soon as possible to the quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission thereof.
Article 4
Each Member State shall ensure that importers of the products concerned have equal and continuous access to the quota for such time as the residual balance of the quota volume so permits.
Article 5
Member States and the Commission shall collaborate closely in order to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 15 August 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 1993. | [
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COMMISSION DECISION of 23 July 1981 establishing that the apparatus described as "ESL-Interactive digital image manipulation system, IDIMS III", may not be imported free of Common Customs Tariff duties (81/640/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 11 February 1981, Denmark 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 "ESL-Interactive digital image manipulation system, IDIMS III", to be used for research into glaciology, geology, biology, oceanography and in particular for analyzing the digital, multi-channel data recorded by experimental satellites or telemetering aircrafts, 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 26 May 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 an image analyzer;
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 "ESL-Interactive digital image manipulation system, IDIMS III", which is the subject of an application by Denmark of 11 February 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 23 July 1981. | [
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COUNCIL REGULATION (EC) No 2557/94 of 19 October 1994 imposing a definitive anti-dumping duty on imports of calcium metal originating in the People's Republic of China and Russia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 12 thereof,
Having regard to the proposal submitted by the Commission after consultation within the Advisory Committee,
Whereas:
A. PROVISIONAL MEASURES (1) By Regulation (EC) No 892/94 (2) hereinafter referred to as 'the Provisional Regulation', the Commission imposed provisional anti-dumping duties on duties of calcium metal falling within CN code 2805 21 00 and originating in the People's Republic of China and Russia.
By Regulation (EC) No 1777/94 (3) the Council extended the validity of these duties for a period not exceeding two months.
B. SUBSEQUENT PROCEDURE (2) Following the imposition of the provisional anti-dumping duty, several interested parties submitted comments in writing. One exporter requested, and was granted, a hearing.
(3) The Commission continued to seek all information it deemed necessary for its definitive findings. The 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 the amounts secured by way of a provisional duty. They were also granted a period within which to make representations subsequent to these disclosures.
(4) The parties' comments were taken into consideration and the Commission's conclusions altered accordingly where justified.
(5) Owing to the complexity of the case the investigation could not be completed within the normal time limit of one year as provided for in Article 7 (9) (a) of Regulation (EEC) No 2423/88.
C. PRODUCT UNDER CONSIDERATION, LIKE PRODUCT (6) The product under consideration is calcium metal falling within CN code 2805 21 00.
(7) Following submissions by the largest single importer in the Community of the product under investigation, IPS, on the issue of like product and, in particular, the different processes by which calcium metal is produced in different parts of the world and the uses to which it may be put, the Commission further examined this issue.
(8) This examination confirmed that the product can be produced either by the aluminothermic process (i.e. the reduction of lime with aluminium) which is used by the Community producer and producers in the United States of America and Canada, or by electrolytic process (i.e. the igneous electrolysis of calcium followed by distillation) used by the Russian and Chinese producers.
(9) Calcium metal produced by either process referred to above has characteristics closely resembling each other, although there is a slightly higher level of purity in the product produced by electrolysis. This difference however, as explained in recitals (10) to (13), does not generally affect the uses to which calcium produced by both processes can be mainly put.
The product can be available in various forms (size) i.e. crowns, chunks, turnings or chips and, for certain uses (see recital (10)) be further processed into grains or granules, a process that, generally, does not change the basic nature of the product.
(10) Calcium metal is mainly used in the Community by the following industries:
- lead and ferro-alloys industries, which use the product in the form of broken crowns, chunks, turnings or chips,
- the steel industry, which uses calcium metal in granulated form,
- applications in high temperature calcium treatments (e.g. production of magnets) which also require calcium in granulated form.
(11) The investigation has shown for uses in the lead and ferro-alloy industries, the product imported from the People's Republic of China and Russia and that produced in the Community and the United States of America (the market economy used as a reference for the exports under investigation) are completely interchangeable. This is also the case as regards the use by the steel industry of the grains or granules obtained from calcium produced from either source.
(12) As regards applications in high temperature calcium treatments (magnets), which also need calcium in granulated form, a calcium metal with a higher level of purity than that which is obtained in the Community by aluminothermie appears to be required. For these uses the Community producer also has a specific type of the product available that also competes with the Russian and Chinese calcium metal and which is obtained by submitting the standard aluminothermic product to a distillation. Given that applications in this sector account for less than 10 % of Community consumption and that this distillation considerably increases costs, production of this type of calcium metal in the Community is limited.
(13) One importer in the Community questioned, however, the interchangeability of the products at the level of processing into grains or granules.
In this context, the Commission has received indication that there are at least four companies in the Community which carry out this activity. One of these companies, IPS, uses a process of granulation (granules obtained by re-smelting and atomization) which is different from the process used by others (mechanical pulverization). It has not been contested that both the product imported from Russia and China and Community produced calcium metal are suitable for granulation by the mechanical method, and that, with the exception of IPS, processors in the Community could therefore use both products for granulation.
As regards IPS, the Commission has concluded that this company was unable to use, without difficulty, the calcium metal produced by the Community industry. This inability appears to result from the process used by IPS being different from that used by all other processors and, as a consequence, having certain requirements related to the level of oxygen in the calcium metal used as raw material which appeared not to be met by the product produced by the Community industry but which are not relevant for use by other processors.
Under these circumstances, this factor alone, given the overall conclusion on similarity and interchangeability in uses and applications of imported and Community-produced calcium metal, does not affect the conclusion that the Chinese and Russian products are alike to that produced by the Community industry within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88.
(14) In the light of the above considerations, the conclusions on the issue of like product, as set out in recital (11) of the Provisional Regulation, are confirmed.
D. DUMPING 1. Normal value 1.1. Reference country
(15) Requirements were made by interested parties with regard to the appropriateness of the choice of the United States of America as the reference country. In one case, it was questioned that the calcium metal produced by the United States company concerned could be considered representative, it being claimed that it accounted for a marginal production of this producer. The Commission's investigation, however, showed that the volumes of own produced calcium metal sold domestically to unrelated customers during the investigation period by the United States company was sufficiently representative for constituting a basis for normal value.
In another case, it was suggested that the product manufactured by the United States company was not like that produced in Russia. For the reasons set out in recitals (8) to (13), this claim is rejected.
It should further be noted that no alternative reference market has been proposed by any of the parties concerned.
For the purpose of definitive findings, normal value was therefore established according to the same method used in the provisional conclusions, as set out in recitals (12) to (18) of the Provisional Regulation.
2. Export price (16) The method used to establish export prices, as set out in recitals (19) and (20) of the Provisional Regulation, are hereby confirmed, as no comments in this respect were made by interested parties.
3. Comparison (17) The findings and conclusions set out in recital (21) of the Provisional Regulation are hereby confirmed.
4. Dumping margin (18) The definitive examination of the facts showed that Chinese and Russian exports were being dumped during the investigation period. The weighted average dumping margin at the level of the free-at-Community frontier was ECU 2 202 per tonne for the Chinese product and ECU 2 502 per tonne for the Russian product.
E. INJURY (19) In its determination of the extent to which injury has been suffered by the Community industry, the Commission restricted its calculations for the most part to the calcium metal in the form of pieces equal to and above 7 mm, on which information concerning the product imported from China and Russia was available. As far as grains and granules are concerned, no information on sales volumes and prices of the processors in the Community was available to the Commission given that the two major processors did not supply the information requested of them on these issues.
Indeed, one of these processors claimed that the product is not resold in the form in which it is imported and should not therefore be included in the investigation. The Commission notes, however, that the product processed into grains by these processors competes, for mose uses, with the granulated product of the Community producer which itself has the same chemical characteristics as its primary calcium. Under these circumstances, the factors concerning the market for granulated calcium are relevant to the examination of the injury suffered by the Community producer since granulated and primary calcium have characteristics which sufficiently closely resemble one another to be considered part of the same product range.
In this context, the Commission notes, furthermore, that as regards the situation of the Community producer, its prices for grains obtained from primary calcium also fell substantially, i.e. by more than 17 % between 1989 and 1992 and its sales volume by more than 5 % in the same period, leading to considerable losses in the investigation period.
(20) One importer questioned the Commission's provisional conclusions concerning the levels of capacity utilization of the Community producer during the period under consideration. The Commission further examined this issue and concluded that capacity utilization, in the context of a slight in installed capacity, remained at low levels, fluctuating between approximately 50 and 60 % during the period under consideration.
In the absence of other representations from interested parties on the issue of injury, the Commission confirms the remaining findings as set out in recitals (23) to (36) of the Provisional Regulation.
F. CAUSATION OF INJURY 1. Effect of the dumped imported (21) The Commission's findings showed that the increase in volume of dumped imports, in a context of stable Community consumption, coincided with a loss of market share, price erosion and negative financial results on the part of the Community industry. These losses were particularly the result of significant price decreases and also of low capacity utilization caused by the effect of sales in the Community of dumped Chinese and Russian calcium metal in the form of pieces equal to, or greater than, 7 mm and processed into grains.
Furthermore, imports from other countries, namely the United States of America and Canada fell from 31 % in 1988 to 14,6 % in 1989 then remaining stable to 15,3 % in 1990, 16,5 % in 1991 and 15,6 % in 1992.
2. Other factors (22) In its Judgement of 11 June 1992 in case C-358/89, the Court of Justice of the European Communities declared that, as regards their findings on injury and causal link, the institutions and insufficiently examined the question of whether injury could have been the result of the Community producer's behaviour aimed at hindering the setting-up of a competitor in a downstream market by effectively refusing to supply IPS (then operating under the name Extramet), the largest single user of the imported product under consideration. Indeed Péchiney Electrométallurgie (PEM) was condemned in March 1992 in France (Conseil de la Concurrence) for this behaviour, and on appeal ('Cour d'Appel de Paris') the judgment at first instance was confirmed in January 1993.
The appeal Judgment, however, also declared that no abuse of a dominant position or any unlawful competitive practices could be attributed to PEM after 1984.
(23) The Commission has, accordingly, continued to examine this issue. In particular, the Commission examined whether there had been refusal by PEM to supply the product to IPS.
(24) This examination has confirmed, that due to the specificity of the granulation process used by IPS, this company had technical difficulties in using the product produced by the Community producer, as presently available (see also recital (13)). In this context, however, PEM has shown that it made efforts to achieve a product suitable for use by IPS. Indeed, contacts were made between the parties which resulted in a number of deliveries of the product and tests being carried out by IPS. Furthermore, PEM has made investment in plant and research in an attempt to meet IPS requirements, although facing a precarious financial situation in this sector and being aware, at the same time that IPS could continue to purchase calcium metal from China and Russia at heavily dumped prices.
(25) The circumstance that, for the reasons set out in recital (13), PEM's product does not appear to be fully suitable for use by IPS, although being suitable for use by other processors and users in the Community, therefore does not in the view of the Council justify a finding of self-inflicted injury.
(26) IPS claimed, nonetheless, that because it could not use without considerable difficulty the product produced by PEM, its imports of Russian and Chinese calcium metal could not have caused injury to the Community producer. In this context, it should be noted in the first place, that imports made by IPS during the investigation period accounted for less than 50 % of the total quantities of calcium metal imported for subsequent resale in the Community either in the form imported or further processed into granules. Secondly, the Commission notes that granules sourced from primary calcium imported from China and Russia caused injury to the Community producer's sales of granulated calcium (see recital (19)). In addition, to the extent that the production of grains requires an input of primary calcium, any negative factors affecting the segment of the market for grains has a commensurate negative effect on the production of primary calcium of the Community producer.
3. Conclusion (27) In light of the above, the Council concludes that the Community industry suffered material injury as a result of the volume and prices of the dumped Russian and Chinese product sold in the form in which it is imported and further processed by Community processors into granulated form.
G. COMMUNITY INTEREST (28) In assessing Community interest, the Community institutions have consistently maintained that the purpose of anti-dumping measures is to remove distortions of competition arising from unfair commercial practices, and thus re-establish effective competition on the Community market, and that it is fundamentally in the general Community interest to do so. Furthermore, in the present case, failure to take definitive measures would aggravate the already precarious situation of the Community industry, especially noticeable from the continued and heavy losses which jeopardize its viability and therefore its continued existence. Should the industry be forced to cease production, effects on purchasers would almost certainly be detrimental as a result of the lower number of competitors in the market.
(29) In this context, the Council considered whether the adoption of anti-dumping measures might lead to a situation in which effective competition might be significantly reduced. In view of the fact that supplies were available from the United States of America and Canada, and that the imports from the People's Republic of China and Russia would remain available at non-dumped prices, the Council concluded that there was no such danger and that there was a need to ensure that the Community industry continued to operate.
(30) The Commission also assessed the possible impact of the measures on several categories of users of the product: the primary users, i.e. the processors, and the user industries, i.e. the lead, ferro-alloy and steel industries.
As regards the sales within the Community achieved by processors which obtained their supplies of calcium metal from Russia or the People's Republic of China, IPS claimed that in case anti-dumping measures were taken, this would exclude from the market its only source of supply. This claim is unfounded, since processors, including IPS, would be able to continue to obtain supplies from Russia and the People's Republic of China at non-dumped prices and also from the United States of America and Canada. Furthermore, for their sales of processed calcium metal outside the Community, they could continue to purchase from Russia and the People's Republic of China under the inward processing régime without paying duty of any kind.
As regards the final user industry, the Commission found that a price increase for calcium metal originating in the People's Republic of China or Russia from its present levels, by the amount of the anti-dumping duty definitively imposed, would increase the cost of a tonne of lead, incorporating such material, by less than 0,3 % and that of a tonne of steel, before rolling, by less than 0,2 %. The effect on these user industries would therefore be minimal.
The Council therefore concludes that the Community interest calls for the imposition of definitive measures.
(31) In view of the fact that there is only one Community producer of calcium metal and given the advisability, in this case, of examining the effect of the measures in conjunction with the development of the market situation of this particular product, it is considered appropriate that the Commission undertakes a review of this Regulation, which shall be initiated after six months have elapsed from its coming into force, provided that competition conditions in the sector concerned so require. Otherwise the review should be initiated after one year.
H. FINAL PROVISION (32) Provisional measures took the form of anti-dumping duties in the form of a specific amount per tonne. These were imposed for both the People's Republic of China and Russia at the injury elimination levels determined, since these were lower than the respective dumping margins established, as set out in recital (42) of the Provisional Regulation.
No new arguments were put forward to contradict this approach. Therefore, duties should be definitively established at the level provisionally imposed, i.e. ECU 2 074 per tonne for the Chinese imports and ECU 2 120 per tonne for the Russian imports.
I. COLLECTION OF THE PROVISIONAL DUTIES (33) In view of the dumping magins established, the injury caused to the Community industry and of the latter's precarious situation, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty should be definitively collected,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of calcium metal falling within CN code 2805 21 00 and originating in the People's Republic of China and Russia.
2. The rate of the duty applicable is ECU 2 074 per tonne for imports originating in the People's Republic of China and ECU 2 120 per tonne for imports originating in Russia.
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts securred by way of the provisional anti-dumping duty, pursuant to Regulation (EC) No 892/94, shall be definitively collected in full.
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, 19 October 1994. | [
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COMMISSION REGULATION (EC) No 1586/2006
of 24 October 2006
amending Regulation (EC) No 1483/2006 as regards the quantities covered by the standing invitation to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1483/2006 (2) opened standing invitations to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States.
(2)
In view of the situation on the Community markets for common wheat, maize and rye and of the changes in demand for cereals in various regions in recent weeks, new quantities of cereals held in intervention should be made available in some Member States. The intervention agencies in the Member States concerned should therefore be authorised to increase the quantities put out to tender by 350 000 tonnes of common wheat in Germany, 350 000 tonnes in Hungary, 172 272 tonnes in Sweden, 174 021 tonnes in Denmark and 30 000 tonnes in Finland, 100 000 tonnes of maize in Hungary and 100 000 tonnes in Slovakia, and 236 565 tonnes of rye in Germany.
(3)
Regulation (EC) No 1483/2006 should be amended accordingly.
(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
Annex I to Regulation (EC) No 1483/2006 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 October 2006. | [
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COMMISSION REGULATION (EC) No 1604/95 of 3 July 1995 fixing the minimum purchase price for lemons delivered to the processing industry and the financial compensation payable after processing thereof up to the end of the 1995/96 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/77 of 17 May 1977 laying down special measures to encourage the marketing of products processed from lemons (1), as last amended by Regulation (EC) No 1199/90 (2), and in particular Article 3 thereof,
Whereas, pursuant to Article 1 (3) of Regulation (EEC) No 1035/77, the minimum price which processors must pay to producers is fixed, as from the 1991/92 marketing year at 105 % of the average withdrawal price calculated in accordance with the first indent of Article 18 (1) (a) of Council Regulation (EEC) No 1035/72 (3), as last amended by Commission Regulation (EC) No 1363/95 (4); whereas the minimum price must be fixed on the basis of the basic and buying-in prices fixed by Council Regulation (EC) No 1542/95 (5) and reduced by Commission Regulation (EC) No 1603/95 (6);
Whereas, pursuant to Article 2 of Regulation (EEC) No 1035/77, financial compensation cannot exceed the difference between the minimum purchase price referred to in Article 1 of that Regulation and the prices obtained for the raw material in producer third countries;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Up to the end of the 1995/96 marketing year the minimum price referred to in Article 1 (3) of Regulation (EEC) No 1035/77 shall be as follows:
Minimum price: ECU 15,77/100 kg net.
The minimum price shall refer to products ex-producers' packaging stations.
Article 2
Up to the end of the 1995/96 marketing year the financial compensation referred to in Article 2 of Regulation (EEC) No 1035/77 shall be as follows:
Financial compensation: ECU 10,48/100 kg net.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1995. | [
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COMMISSION REGULATION (EEC) No 3398/91 of 20 November 1991 on the sale by invitation to tender of skimmed-milk powder for the manufacture of compound feedingstuffs and amending Regulation (EEC) No 569/88
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 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 1630/91 (2), and in particular Articles 7 (5) and 28 thereof,
Whereas Council Regulation (EEC) No 1014/68 of 20 July 1968 laying down general rules for the public storage of skimmed-milk powder (3), as last amended by Regulation (EEC) No 3577/90 (4), sets the resale requirements for skimmed-milk powder held by intervention agencies; whereas there is now a possibility of disposing of skimmed-milk powder from public stocks, owing to a fall in the quantities available on the market, in particular for use in the manufacture of compound feedingstuffs for calves; whereas supplies should therefore be provided for this purpose by sales of skimmed-milk powder from public stocks;
Whereas Commission Regulation (EEC) No 1725/79 of 26 July 1979 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves (5), as last amended by Regulation (EEC) No 3480/90 (6), should be referred to in connection with the use to which skimmed milk must be put;
Whereas in order to ensure equality of access for all potential purchasers, to arrive at a selling price reflecting market conditions and to provide for effective verification of the quantities sold, a standing invitation to tender should be organized;
Whereas Commission Regulation (EEC) No 569/88 of 16 February 1988 laying down common detailed rules for verifying the use and/or destination of products from intervention (7), as last amended by Regulation (EEC) No 3380/91 (8) will be applicable; whereas an addition must therefore be made to its Annex;
Whereas the measures provided for in this Regulation are in accordance with the opinion of Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Skimmed-milk powder bought in pursuant to Article 7 (1) of Regulation (EEC) No 804/68 and taken into storage before a date to be determined shall be sold under the terms laid down herein.
Article 2
The skimmed-milk powder shall be sold by means of a standing invitation to tender organized by each intervention agency.
Article 3
Tenders shall not be valid unless the tenderer makes a written undertaking to:
(a) denature the powder or have it denatured or process the powder or have it processed into compound feedingstuffs in accordance with Article 2 or 4 of Regulation (EEC) No 1725/79, within 60 days of the closing date for the submission of tenders in response to each round of the invitation to tender, as specified in Article 4 (3) of this Regulation;
(b) apply or have an application made for the aid granted pursuant to Regulation (EEC) No 1725/79 and observe the provisions of that Regulation or ensure that they are observed.
Article 4
1. A standing invitation to tender shall be published in the Official Journal of the European Communities at least eight days before the first closing date laid down for the submission of tenders.
2. The intervention agency shall organize tendering rounds during the term of validity of the standing invitation to tender.
To this end it shall draw up a notice of invitation to tender indicating in particular the closing date and address for submission of tenders.
It shall also, for the skimmed-milk powder held by it, indicate:
(a) the locations of the warehouses where the powder to be sold is in store;
(b) the quantity held for sale in each warehouse.
3. The period for the submission of tenders for each round shall expire at 12 noon on the second and fourth Tuesdays of the month, except for the fourth Tuesday in December. If Tuesday is a public holiday the period shall be extended to 12 noon on the next working day.
Article 5
1. The intervention agency shall keep up to date and make available to interested parties on request a list of the information referred to in point (a) of the third subparagraph of Article 4 (2) and the corresponding quantities. It shall also publish regular updates of the list in an appropriate form, to be indicated in the notice of invitation to tender referred to in Article 4 (2).
2. The intervention agency shall make the necessary arrangements to enable interested parties to examine at their own expense, before submitting a tender, samples of the skimmed-milk powder put up for sale.
Article 6
1. Tenders under each round shall be submitted by registered letter or delivered by hand to the intervention agency against acknowledgement of receipt, or by any other means of written telecommunication.
Tenders shall be submitted to the intervention agency holding the skimmed-milk powder for which an offer is made.
2. Tenders shall state:
(a) the name and address of the tenderer;
(b) the quantity desired;
(c) the price tendered per 100 kilograms, not including national taxes, ex-warehouse, in ecus;
(d) the Member State in which denaturing or processing into compound feedingstuffs is to take place;
(e) if appropriate, the warehouse where the skimmed-milk powder is and if desired a substitute warehouse.
3. A tender shall not be valid unless:
(a) it relates to at least 10 tonnes; if, however, the quantity available in a warehouse is less than 10 tonnes, that amount shall be the minimum quantity for which an offer may be made;
(b) it is accompanied by the undertaking referred to in Article 3;
(c) it is accompanied by a statement by the tenderer waiving all right of complaint with regard to the quality and characteristics of any skimmed-milk powder assigned;
(d) proof is furnished that the tendering security provided for in Article 7 (1) has been lodged by the tenderer for the tendering round in question before expiry of the period set for submission of tenders.
4. Tenders may not be withdrawn after expiry of the time limit provided for in Article 4 (3).
Article 7
1. For the purposes of this Regulation the maintenance of tenders after the closing date laid down for submission of tenders, the lodging of the processing security referred to in Article 8 (2) and the payment of the price within the time limit laid down in Article 1 (2) shall constitue primary requirements compliance with which shall be guaranteed by the lodging of a tendering security of ECU 30 per tonne.
2. The tendering security shall be lodged in the Member State in which the tender is submitted.
Article 8
1. A minimum selling price shall be fixed on the basis of the tenders received under each round and in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.
It may be decided to make no award under the round.
2. The amount of the processing security shall be fixed per 100 kilograms of skimmed-milk powder at the same time as the minimum selling price and in accordance with the same procedure.
The purpose of the processing security shall be to ensure fulfilment of the primary requirement concerning the use of the skimmed-milk powder in accordance with Article 3 within the time limit provided for.
Article 9
1. Tenders shall be rejected if the price offered is lower than the minimum price.
2. Where the acceptance of two or more tenders offering the same price for skimmed-milk powder in a particular warehouse would lead to contracts being awarded in excess of the quantity available, the award shall be made by allocation of the quantity available in proportion to the quantities tendered for. However, should such allocation lead to the award of quantities of less than five tonnes, the award shall be made by drawing lots.
3. Rights and obligations arising in connection with the invitation to tender shall not be transferable.
Article 10
1. Each tenderer shall immediately be notified by the intervention agency of the outcome of his participation in a tendering round.
2. Within the period specified in Article 11 (2) the successful tenderer shall, before the removal of the skimmed-milk powder, pay the intervention agency the amount corresponding to his tender, for each quantity that he wishes to withdraw.
3. Except in cases of force majeure, if the successful tenderer has not paid for the skimmed-milk powder within the prescribed period the tendering security referred to in Article 7 (1) shall be forfeit and the sale cancelled in respect of the remaining quantities.
Article 11
1. When the amount referred to in Article 10 (2) has been paid and the security referred to in Article 8 (2) has been lodged the intervention agency shall issue a removal warrant indicating:
(a) the quantity in respect of which the abovementioned requirements have been met;
(b) the warehouse in which the skimmed-milk powder is in store;
(c) the final date for removal of the skimmed-milk powder;
(d) the final date for denaturing or processing into compound feedingstuffs.
2. Within 30 days of the closing date for the submission of tenders the successful tenderer shall remove the skimmed-milk powder awarded to him. Removal may be effected by instalments.
Except in cases of force majeure, if the skimmed-milk powder has not been removed within the period laid down in the first subparagraph, the cost of storage of the powder shall be borne by the successful tenderer from the day following the day on which the period expired.
3. The skimmed-milk powder shall be handed over by the intervention agency in packages bearing a reference to this Regulation in clearly visible and legible characters.
Article 12
The tendering security referred to in Article 7 (1), the minimum price referred to in Article 8 (1) and the processing security referred to in Article 8 (2) shall be converted into national currency at the agricultural conversion rate applicable on the closing date for the submission of tenders under the round in question.
Article 13
Member States shall notify the Commission by Tuesday of each week at the latest of the quantities of skimmed-milk powder that left storage in the previous week.
Article 14
The following point 41 and the relevant footnote are hereby added to Part II (Products subject to a use and/or destination other than that mentioned under I) of the Annex to Regulation (EEC) No 569/88:
'41. "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 (41):
- Section 104:
"To be denatured or processed (Regulation (EEC) No 3398/91)"
- Section 106:
"The final date for denaturing or processing into compound feedingstuffs."
(41) OJ No L 320, 22. 11. 1991, p. 16.'
Article 15
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, 20 November 1991. | [
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COMMISSION DECISION of 24 June 1992 authorizing the French Republic and the Federal Republic of Germany to permit temporarily the marketing of trefoil seed not satisfying the requirements of Council Directive 66/401/EEC (92/370/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Directive 92/19/EEC (2), and in particular Article 17 thereof,
Having regard to Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as 'basic seed' or 'certified seed' (3), as last amended by Directive 91/376/EEC (4), and in particular Article 2a thereof,
Having regard to the request submitted by the French Republic and the Federal Republic of Germany,
Whereas in France and Germany the production of trefoil seed satisfying the requirements of Directive 66/401/EEC has been insufficient in 1991 and therefore is not adequate to meet those countries' needs;
Whereas it is not possible to cover this demand satisfactorily with such seed from other Member States or from third countries satisfying all the requirements laid down in Directive 66/401/EEC;
Whereas the French Republic and the Federal Republic of Germany should therefore be authorized to permit, for a period expiring on 31 August 1992, the marketing of seed of the abovementioned species which does not satisfy the requirements laid down in the said Directive;
Whereas, moreover, other Member States, which are able to supply the French Republic and the Federal Republic of Germany with such seed not satisfying the requirements of the said Directive should be authorized to permit the marketing of such seed provided it is intended for the French Republic and the Federal Republic of Germany;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
1. The French Republic is authorized to permit, for a period expiring on 31 August 1992, the marketing in its territory of a maximum of 25 tonnes of commercial seed of trefoil (Medicago lupulina L.). The official label shall state: 'Intended exclusively for France'.
2. The Federal Republic of Germany is authorized to permit, for a period expiring on 31 August 1992, the marketing in its territory of a maximum of 100 tonnes of commercial seed of trefoil (Medicago lupulina L.). The official label shall state: 'Intended exclusively for Germany'.
Article 2
The other Member States are hereby authorized to permit, subject to the conditions laid down in Article 1, the marketing in their territory of a total amount of 125 tonnes of commercial seed of trefoil (Medicago lupulina L.) provided that it is intended exclusively for the French Republic of the Federal Republic of Germany. The official label shall state: 'Intended exclusively for France' or 'intended exclusively for Germany' as the case may be.
Article 3
Member States shall notify the Commission before 31 October 1992 of the quantities of seed marketed in their territory pursuant to this Decision. The Commission shall inform the other Member States thereof.
Article 4
This Decision is addressed to the Member States. Done at Brussels, 24 June 1992. | [
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*****
COMMISSION REGULATION (EEC) No 1483/88
of 30 May 1988
fixing the storage aid for unprocessed dried grapes and dried figs from the 1987/88 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 3909/87 (2), and in particular Article 8 (8) thereof,
Whereas Article 1 (1) of Commission Regulation (EEC) No 627/85 of 12 March 1985 on storage aid and financial compensation for unprocessed dried grapes and figs (3) provides that storage aid shall be fixed per day and per 100 kilograms net of sultanas of category 4 and figs of category C; whereas paragraph 2 of the same Article provides that one rate of storage aid for dried grapes shall apply until the end of February of the year following that in which the products were bought and another rate shall apply to storage beyond that period;
Whereas the storage aid shall be calculated taking into consideration the technical cost of storage and the financing of the purchase price paid for the products;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The storage aid referred to in Article 1 of Regulation (EEC) No 627/85 shall, for products from the marketing year 1987/88, be as set out in the Annex.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 1988. | [
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COMMISSION REGULATION (EC) No 1402/2005
of 26 August 2005
fixing quantities for importing bananas into the Community under the tariff quotas A/B and C for the fourth quarter of 2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 (1) of 13 February 1993 on the common organisation of the market in bananas, and in particular Article 20 thereof,
Whereas:
(1)
Commission Regulation (EC) No 896/2001 (2) lays down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community. It is necessary to determine the quantities available for imports during the last quarter of 2005 in the framework of the import tariff quotas A/B and C provided for in Article 18 of Regulation (EEC) No 404/93.
(2)
The quantities available for import under the A/B and C tariff quotas for the fourth quarter of 2005 should be determined, having regard, on the one hand, to the volume of tariff quotas provided for in Article 18 of Regulation (EEC) No 404/93 and, on the other hand, to the import licences issued for the first three quarters of 2005.
(3)
Since this Regulation must apply before the beginning of the period for the submission of licence applications in respect of the fourth quarter of 2005, it should enter into force immediately.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the fourth quarter of 2005, the quantities available for import under the tariff quota arrangements for the import of bananas shall be as set out in the Annex.
2. For the fourth quarter of 2005, applications for import licences under the A/B and C tariff quotas:
(a)
submitted by a traditional operator may not relate to a quantity exceeding the difference between the reference quantity established pursuant to Articles 4 and 5 of Regulation (EC) No 896/2001 and the sum of the quantities covered by import licences issued for the first three quarters of 2005;
(b)
submitted by a non-traditional operator may not relate to a quantity exceeding the difference between the annual quantity determined and notified to the operator pursuant to Article 9(3) of Regulation (EC) No 896/2001 and the sum of the quantities covered by import licences issued for the first three quarters of 2005.
To be accepted, applications for import licences shall be accompanied by a copy of the import licence(s) issued to the operator for the preceding quarters of 2005.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 August 2005. | [
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Commission Regulation (EC) No 2201/2001
of 13 November 2001
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 1498/98(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 14 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 November 2001. | [
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COMMISSION REGULATION (EC) No 1411/2004
of 2 August 2004
fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1b of Regulation (EEC) No 700/88 for a fortnightly period shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 3 August 2004.
It shall apply from 4 to 17 August 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 August 2004. | [
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*****
COUNCIL DECISION
of 24 November 1986
fixing the number of officials whose service may be terminated in 1987
(86/588/EEC, Euratom, ECSC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to Council Regulation (ECSC, EEC, Euratom) No 3518/85 of 12 December 1985 introducing special measures to terminate the service of officials of the European Communities as a result of the accession of Spain and Portugal (1), and in particular the first subparagraph of Article 2 (2) thereof,
Having regard to the proposal from the Commission,
Whereas, for each institution, the number of officials eligible for termination of service measures during 1987 should be fixed in accordance with the abovementioned Regulation,
HAS DECIDED AS FOLLOWS:
Sole Article
The number of officials eligible for termination of service measures in 1987 shall be:
50 for the European Parliament
24 for the Council,
150 for the Commission (under the 'operating' budget),
15 for the Commission (under the 'research' budget),
4 for the Court of Justice,
4 for the Economic and Social Committee,
3 for the Court of Auditors.
Done at Brussels, 24 November 1986. | [
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COMMISSION REGULATION (EC) No 416/2007
of 22 March 2007
concerning the technical specifications for Notices to Skippers as 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 specifications for Notices to Skippers shall be defined.
(3)
The technical specifications for Notices to Skippers 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 technical specifications shall take due account of the work carried out by relevant international organisations.
(5)
They shall also take due account of the work carried out by the expert group on Notices to Skippers which is composed of representatives of the competent authorities for the implementation of Notices to Skippers and official members from other governmental bodies as well as observers from the industry.
(6)
The technical specifications, 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 technical specifications in accordance with Article 5(2) of Directive 2005/44/EC. Amendments to the technical specifications shall take due account of the work carried out by the expert group on Notices to Skippers.
(7)
The draft technical specifications have been examined by the Committee referred to in Article 11 of Directive 2005/44/EC.
(8)
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 the technical specifications for Notices to Skippers. The technical specifications 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, 22 March 2007. | [
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COMMISSION DECISION
of 21 August 2007
amending Decision 2004/558/EC implementing Council Directive 64/432/EEC as regards additional guarantees for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of the eradication programmes presented by certain Member States
(notified under document number C(2007) 3905)
(Text with EEA relevance)
(2007/584/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Articles 9(2) and 10(2) thereof,
Whereas:
(1)
Article 9 of Directive 64/432/EEC provides that a Member State, which has a compulsory national control programme for one of the contagious diseases listed in Annex E(II) to that Directive, may submit its programme to the Commission for approval. That Article also provides for the definition of the additional guarantees which may be required in intra-Community trade.
(2)
In addition, Article 10 of Directive 64/432/EEC provides that where a Member State considers that its territory or part thereof is free from one of the diseases listed in Annex E(II) to that Directive, it is to present appropriate supporting documentation to the Commission. That Article also provides for the definition of the additional guarantees which may be required in intra-Community trade.
(3)
Commission Decision 2004/558/EC of 15 July 2004 implementing Council Directive 64/432/EEC as regards additional guarantees for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of the eradication programmes presented by certain Member States (2) approves the programmes for the control and eradication of the infection with the bovine herpesvirus type 1 (‘BHV1’) presented by the Member States listed in Annex I to that Decision for the regions listed in that Annex, and for which additional guarantees for BHV1 apply in accordance with Article 9 of Directive 64/432/EEC.
(4)
In addition, Annex II to Decision 2004/558/EC lists the regions of the Member States that are considered free of BHV1 infection and for which additional guarantees apply in accordance with Article 10 of Directive 64/432/EEC. Annex III to Decision 2004/558/EC defines BHV1-free holdings.
(5)
At present, all regions of Germany are listed in Annex I to Decision 2004/558/EC. Germany has now submitted documentation in support of its application to declare a part of its territory free of BHV1 infection and provided rules for the national movement of bovine animals within and into this part of its territory. Accordingly, Germany has requested the application of the additional guaranties, in accordance with Article 10 of Directive 64/432/EEC, for the administrative units of Regierungsbezirke Oberpfalz and Oberfranken in the federal state of Bavaria.
(6)
Following the evaluation of the application submitted by Germany, it is appropriate that those two BHV1-free administrative units in Germany be listed in Annex II to Decision 2004/558/EC and to extend the application of the additional guaranties established in accordance with Article 10 of Directive 64/432/EEC to them. Annexes I and II to Decision 2004/558/EC should therefore be amended accordingly.
(7)
Italy has submitted the programmes for eradicating BHV1 infection in the Autonomous Region of Friuli Venezia Giulia and in the Autonomous Province of Trento. Those programmes comply with the criteria set out in Article 9(1) of Directive 64/432/EEC. Those programmes also provide for rules for the national movement of bovine animals within and into those regions which are equivalent to those previously implemented in the Province of Bolzano in Italy, which were successful in eradicating the disease in that Province.
(8)
The programmes presented by Italy for those two Regions, and the additional guarantees presented in accordance with Article 9 of Directive 64/432/EEC, should be approved. Annex I to Decision 2004/558/EC should therefore be amended accordingly.
(9)
The European Food Safety Authority has delivered an opinion on the ‘Definition of a BoHV-1-free animal and a BoHV-1-free holding, and the procedures to verify and maintain this status’ (3). It is appropriate to take into account certain recommendations of that opinion. Annex III to Decision 2004/558/EC should therefore be amended accordingly.
(10)
In the interests of clarity of Community legislation, Annexes I, II and III to Decision 2004/558/EC should be replaced by the text in the Annex to this Decision.
(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
Annexes I, II and III to Decision 2004/558/EC are replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 21 August 2007. | [
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*****
COMMISSION REGULATION (EEC) No 119/89
of 19 January 1989
amending Regulation (EEC) No 2514/78 on the registration in the Member States of contracts for seed multiplication in non-member countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 2358/71 of the Council of 26 October 1971 on the common organization of the market in seeds (1), as last amended by Regulation (EEC) No 3997/87 (2), and in particular Articles 3a (4) and 9 thereof,
Whereas Commission Regulation (EEC) No 2514/78 (3) specifies the information which the contracting party established in the Community must provide to the body responsible for registration; whereas the information forwarded must agree with that contained in the contract; whereas explicit provision should therefore be made for the contract to be produced; whereas for certain species it is difficult, at the date laid down for the registration of contracts, to establish the quantities likely to be imported into the Community; whereas in order to permit more accurate assessment of developments on the market a different date should be laid down for the transmission of import forecasts; whereas in order to allow some estimate to be made of import quantities provision should be made for notification of the area to be used for multiplication in the non-member country;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Seeds,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2514/78 is hereby amended as follows:
1. Article 3 is replaced by the following:
'Article 3
For the purposes of the registration of contracts provided for in Article 1, in addition to producing the latter the contracting party established in the Community must at the same time provide the body referred to in Article 4 with at least the following particulars:
(a) the country in which the seed multiplication is to be carried out;
(b) the species and variety of seed;
(c) the quantity, origin and category of seeds to be multiplied;
(d) the marketing years covered by the contract, the area to be sown, the estimated quantities to be imported into the Community and the scheduled periods for delivery.'
2. The following is added to Article 5 (1):
'However, for hybrid maize seed, the data on estimated quantities to be imported into the Community and the scheduled periods for delivery may be notified no later than six months after the deadline for the registration of contracts.'
3. Article 6 is replaced by the following:
'Article 6
Member States shall notify to the Commission each year not later than 30 days after the final dates set in the Annex areas to be sown and estimated quantities of seeds resulting from multiplication to be imported into the Community. The figures shall be broken down by marketing year, species or group of varieties as indicated in the Annex and non-member country concerned.
However, for hybrid maize seed, estimated quantities to be imported into the Community shall be notified to the Commission not later than 30 days after they are notified to the competent body responsible for registration.'
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, 19 January 1989. | [
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COMMISSION REGULATION (EC) No 1057/2007
of 13 September 2007
amending Regulation (EC) No 2805/95 fixing the export refunds in the wine sector
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 the second subparagraph of Articles 63(3) and 64(5) thereof,
Whereas:
(1)
Pursuant to Article 63(1) of Regulation (EC) No 1493/1999, to the extent necessary to enable the products listed in Article 1(2)(a) and (b) of that Regulation to be exported on the basis of the prices for those products on the world market and within the limits of the Agreements concluded in accordance with Article 300 of the Treaty, the difference between those prices and the prices in the Community may be covered by an export refund.
(2)
The amounts and destinations for refunds are to be fixed periodically taking account of the existing situation and likely trends with regard to the prices and availability of the products concerned on the Community market and the world market prices for those products.
(3)
Commission Regulation (EC) No 2805/95 (2) should therefore be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wines,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 2805/95 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 14 September 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 September 2007. | [
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*****
COMMISSION DECISION
of 22 November 1988
adjusting the weightings applicable from 1 June 1988 to the remuneration of officials of the European Communities serving in non-member countries
(89/65/EEC, EURATOM, ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 2339/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EEC, Euratom) No 2176/88 (3) laid down the weightings to be applied from 1 January 1988 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;
Whereas, the Commission has made a number of adjustments to these weightings in recent months (4) pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;
Whereas some of these weightings should be adjusted with effect from 1 June 1988 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since the weightings were last laid down or adjusted,
HAS DECIDED AS FOLLOWS:
Sole Article
With effect from 1 June 1988 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are hereby adjusted as shown in the Annex.
The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.
Done at Brussels, 22 November 1988. | [
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COMMISSION DECISION of 10 January 1994 terminating the anti-dumping proceeding concerning imports of gum rosin originating in the People's Republic of China (94/82/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,
After consultation within the Advisory Committee,
Whereas:
A. PROCEEDING (1) In May 1992, the Commission received a complaint lodged by the 'Associaçao dos Industriais Exportadores de Produtos Resinosos' (AIEPR) (hereinafter referred to as 'the complainant') on behalf of its member companies whose collective output of gum rosin apparently constituted a major proportion of the total Community production of the product in question.
(2) The complaint contained evidence of the existence of dumping on imports of the product concerned originating in the People's Republic of China (PRC) and of material injury resulting therefrom, which was considered sufficient to justify the opening of a proceeding.
The Commission therefore announced, in 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 the product in question, which falls within CN code 3806 10 10.
(3) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainant. It also gave the interested parties the opportunity to make their views known in writing and to request a hearing.
(4) The Commission requested and received detailed written comments from the Community producers, the Chinese exporters and a number of importers.
(5) The Commission sought and verified all the information it considered necessary for the purposes of a preliminary determination of dumping and carried out investigations at the premises of the following:
(a) Community producers:
- Socer - Sociedade Central de Resinas SA, Lisbon, Portugal,
- Lagoa, Henriques & Pedroso Lda, Pedrógao Grande, Portugal,
- Resipez - Industria & Comèrcio de Resinas Lda, Leiria, Portugal,
- Mariano Lopes Morgado & Companhia Lda, Arganil, Portugal,
- Manuel Inacio Pimpáo & Filhos Lda, Maceira Lis, Portugal.
These Community producers are all members of the complainant.
(b) Importers in the Community:
- Abieta Chemie GmbH, Augsburg, Germany,
- Hermann Ter Hell & Co. Hamburg, Germany,
- Hercules BV, Rijswijk, Netherlands,
- Integrated Chemicals BV, Lisse, Netherlands.
(6) The Commission's questionnaire was sent to the seven Chinese exporters known on the initiation of the proceeding. Those exporters all replied to the questionnaire.
These companies are:
- Hunan Provincial Native Produce & Animal By-products Import & Export Corp., Chang Sha City, Hunan Province, PRC,
- Fujian Provincial Native Produce & Animal By-products Import & Export Corp., Beijing, PRC,
- China (Tuhsu) Forest Chemical Products Import & Export Corp., Beijing, PRC,
- Guangdong Native Produce Import & Export Corp., Guangzhou, PRC,
- Jiangxi Native Produce Import & Export Corp. Nanchang, PRC,
- Yunnan Native Produce Import & Export Corp., Kunming, PRC,
- Guangxi Zhuang Autonomous Region Native Produce Import & Export Corp., Nanning, PRC.
Since the People's Republic of China is a non-market economy country and, consequently, normal value could not be determined on the basis of Article 2 (3) of Regulation (EEC) No 2423/88, no investigation concerning normal value was carried out at the premises of these exporters.
Normal value was thus established by reference to a market economy third country, for the reasons set out in recitals (12) to (16), i.e. Brazil. Therefore, information was requested, received from, and subsequently verified at the premises of the following Brazilian producers:
- Resinas Yser Ltda, Campo Largo (PR), Brazil,
- Resinas Brazil Indústria & Comércio Ltda, Avaré (SP), Brazil.
(7) The investigation period set by the Commission for determining dumping was from 1 July 1991 to 30 June 1992.
B. PRODUCT UNDER CONSIDERATION, LIKE PRODUCT, COMMUNITY INDUSTRY AND INDIVIDUAL TREATMENT 1. Product under consideration and like product (8) The product covered by the notice of initiation of this proceeding is gum rosin, a natural product obtained from fresh oleoresins falling within CN code 3806 10 10.
Gum rosin is used in various sectors of the chemical industry, in particular for the production of glue for paper, paints and varnishes, resinoides, base gum for chewing gum and units of rosin.
There exists only one type of gum rosin. This product is not subject to significant differences in quality, basic physical characteristics, or use.
However, the Chinese exporters submitted that gum rosin originating in China should not be considered as a like product to that manufactured in the Community owing to alleged differences in chemical characteristics such as crystallization time or volatile part, in the manufacturing process which was more basic in China and in certain applications where Chinese gum rosin would be preferred to Community gum rosin.
The Commission rejects this contention. Indeed, the alleged differences in chemical characteristics are only minor and result from a manufacturing process which, while being largely similar, is based on older equipment. This could not render the products different, since they have the same applications and are therefore interchangeable, as shown by the rapid penetration of the Chinese gum rosin on the Community market which partly took the place of the Community product (see recital (20)).
The Commission found therefore that gum rosin produced and sold by the Community producers constitutes a like product to the product imported from China within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88. In addition, it was considered for the same reasons that Brazilian gum rosin was a like product to the Chinese and the Community gum rosin.
2. Community industry (9) The Commission found that during the investigation period the Community producers, on behalf of which the complaint was lodged, manufactured about 61 % of the total Community output of the like product, i.e. a major proportion of the total Community production.
(10) Accordingly, the Commission concludes that they constitute the Community industry, within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88.
3. Individual treatment (11) The Chinese exporters requested that individual dumping margins be established in their regard.
The Commission recalls in this respect that the grant of individual treatment to some of these exporters may affect or even distort the outcome of the calculation of the countrywide anti-dumping duty thus undermining the proportionality and effectiveness of the measures. In addition, it is in practice extremely difficult to establish, in the case of a country such as the People's Republic of China, whether a company really enjoys, both legally and in fact, independence from the State and, in particular, whether a company has permanent independence even if it appears to enjoy independence at a certain point in time.
Finally, the Commission cannot, at present, carry out a meaningful verification of the declarations of exporters in China concerning costs and prices due to the continued existence of a centrally planned economy. Therefore, the Commission has come to the conclusion that, in the present case, a departure from the general rule whereby a single anti-dumping duty is established for State trading countries should not be made and that to avoid arbitrary results and the likelihood of circumvention, a single margin should be established.
C. DUMPING 1. Normal value (a) Analogue country
(12) Since the People's Republic of China is a non-market economy country, normal value had to be determined on the basis of information obtained in a market economy third country, i.e. an analogue country, in accordance with Article 2 (5) of Regulation (EEC) No 2423/88.
For this purpose, the complainant suggested the domestic price of gum rosin in Brazil as a basis for establishing normal value.
(13) The Chinese exporters and a number of importers objected to the choice of Brazil on the following grounds:
- the market prices charged by Brazilian producers for domestic sales were unsuitable for establishing normal value because of high inflation in Brazil, and
- the manufacturing process in Brazil was particularly costly and, therefore, not comparable to that existing in China.
As an alternative choice, they proposed Indonesia.
(14) The Commission contacted several Indonesian companies but the Indonesian gum rosin industry indicated that they did not intend to cooperate.
(15) After examination of the suggestion made by the complainant, the Commission concluded, moreover, that Brazil was an appropriate and reasonable choice.
Domestic prices in Brazil were governed by normal market forces given the level of demand in the Brazilian market and the number of competing producers.
Indeed, Brazil was known to be the second largest producer world-wide of this product, and there was, to a large extent, similarity of the manufacturing process and access to raw materials between Brazil and the People's Republic of China.
As far as inflation was concerned, this did not affect the reliability of the domestic prices. Furthermore, the necessary adjustments were made in order to eliminate its effects on the comparison of the value with export prices (see recital (16)).
Finally, a comparison between the volumes exported to the Community by Brazil and the volume on which normal value was based showed that gum rosin was sold in sufficient quantities on the domestic market to allow an adequate calculation of normal value.
(b) Normal value
(16) Normal value was established on the basis of the weighted average net selling price for the like product sold by a representative Brazilian producer for consumption in Brazil, as those domestic sales were made at prices permitting the recovery of all costs reasonably allocated in the ordinary course of trade during the investigation period. The effect of inflation in Brazil on this price was corrected by the establishment of a monthly normal value.
2. Export price (17) All export sales were made to independent customers in the Community.
Export prices were therefore calculated on the basis of the actual price paid or payable by independent importers for the product sold for export to the Community in accordance with Article 2 (8) (a) of Regulation (EEC) No 2423/88.
3. Comparison (18) Normal value was compared with the export prices on a transaction by transaction basis at the same level of trade.
For the purposes of a fair comparison, adjustments were made in accordance with Article 2 (9) and (10) of Regulation (EEC) No 2423/88 in respect of differences affecting price comparability for which satisfactory evidence was submitted. As to the allowances in respect of differences in selling expenses, adjustments were made, as appropriate, to both normal value and export price in respect of transport, insurance, packing, payment terms and sales personnel's salaries.
4. Dumping margin (19) The comparison showed the existence of dumping, the dumping margin being equal to the amount by which the normal value, as established, exceeded the price for export to the Community.
The weighted average dumping margin expressed on a percentage of free-at-Community-frontier price is 17,4 %.
D. INJURY 1. Dumped imports (a) Volume
(20) Community consumption of gum rosin rose from 133 549 tonnes in 1989 to 169 091 tonnes during the investigation period, i.e. an increase of 24 %.
Imports of gum rosin from the People's Republic of China increased from 66 460 tonnes in 1989 to 107 730 tonnes during the investigation period. This represents an increase of 62 %. Their market share therefore rose from 48,26 % in 1989 to 61,75 % during the investigation period.
(b) Prices
(21) In order to assess the degree of price undercutting, the Commission compared the average price of the imports from China (at the free-at-Community frontier duty paid stage) and the selling price, calculated at the ex-works level, of the product sold by the Community producers.
(22) On this basis, the prices of the product imported from the People's Republic of China were found to be, during the investigation period, significantly below the prices of gum rosin sold by the Community producers. The average price undercutting margin found during the investigation period was 20,7 %.
2. Situation of the Community industry (23) Production by the Community industry declined from 31,400 tonnes in 1989 to 29 400 tonnes in 1990, to 26 240 tonnes in 1991 and to 25 528 tonnes during the investigation period. This represents a fall in production of 18 % between 1989 and the investigation period.
(24) The capacity utilization for the product concerned by the Community producers fell from 59 % in 1989 to 55 % in 1990, to 49 % in 1991 and to 48 % during the investigation period.
(25) Sales by the Community industry on the Community market were 29 000 tonnes in 1989, 33 000 tonnes in 1990, 29 000 tonnes in 1991 and 24 000 tonnes during the investigation period, i.e. a decrease of 17,2 % between 1989 and the investigation period, while the size of the market increased during the same period by 24 %.
(26) This development represents a change in the market share held by the Community producers from 19,2 % in 1989 to 21,10 % in 1990, to 16,20 % in 1991 and to 13,14 % during the investigation period.
(27) The Community industry's selling prices, expressed in constant values, remained stable between 1989 and the investigation period.
(28) The development in prices and costs of production resulted in losses being incurred from 1989 to the investigation period by most of the Community producers concerned.
During the investigation period this trend was confirmed as all the Community producers were incurring losses on most sales. On average the losses amounted to 7 % of turnover.
(29) Employment in the Community industry fell throughout the period, by ± 9 % in 1990, by ± 12 % in 1991, by ± 17 % during the investigation period. This resulted in an overall fall of ± 34 % between 1989 and the investigation period.
3. Conclusion (30) While the Community market has expanded by 24 % over the last four years which should have allowed the Community industry to benefit from increased sales, leading to reduced costs and increased profits, its situation has, on the contrary, deteriorated by experiencing falling production and sales, declining capacity utilization, loss of market share to the Chinese exporters, and financial losses.
All the above factors have affected negatively the economic and financial situation of the Community industry which accordingly is considered to have suffered material injury within the meaning of Article 4 (1) of Regulation (EEC) No 2423/88.
E. CAUSAL LINK BETWEEN THE DUMPED IMPORTS AND THE INJURY 1. Effects of the dumped imports (31) The Commission found that the fall in market share and sales volume by the Community industry, and the deterioration of its financial results leading to losses, coincided with the significant increase in the volume of imports of Chinese gum rosin.
Moreover, since the market for this product is transparent and since price is the most important factor in marketing this product the low prices of the dumped gum rosin could not fail to have a negative impact on the performances of the Community industry.
2. Effect of other factors (32) The Commission examined whether the injury to the Community industry could be attributed to other factors such as in particular the volume and prices of imports originating in other countries.
(33) Imports from China represented 86 % of all imports of gum rosin into the Community during the investigation period. The other imports originated mainly in Indonesia. Given the only very recent penetration of imports from Indonesia and their relatively small market share as compared with the imports from China, the Commission has no reason to conclude that the material injury could be attributed to their effects.
(34) The Commission concludes, therefore, that dumped imports of gum rosin originating in the People's Republic of China, because of their low prices and their large presence in the Community market, have, taken in isolation, caused material injury to the Community industry.
F. COMMUNITY INTEREST (35) When carrying out the consultations provided for under Article 6 of Regulation (EEC) No 2423/88, the Commission received representations from a large majority of Member States claiming that it was not in the interests of the Community to impose anti-dumping measures in the present case.
These representations pointed out, in particular, that the negative effects of anti-dumping measures on the users of gum rosin would be overwhelmingly disproportionate to the benefits arising from anti-dumping measures in favour of the Community industry. As far as the latter is concerned, it consists of medium-sized firms, solely in one Member State, which make use of a limited natural resource. Should anti-dumping measures be imposed, the Community market would continue to be largely dependent on imports, since the Community industry's capacity of production can cover only a minority share.
In contrast, gum rosin is a primary product used in numerous industries (e.g. tyres, paper manufacturing, painting, adhesive and varnish), based in most of the Member States, where they represent a high added value and support a large number of jobs. The imposition of anti-dumping measures would result, for these companies, in a substantial increase in the respective costs of production of the above products as they have to maintain a steady and abundant supply of gum rosin. It would, therefore, potentially jeopardize the situation of these industries.
In addition, it was argued that the imposition of anti-dumping measures would not be adequate to remove the injury, since it would provoke a significant increase in the price of gum rosin and result in a quick penetration of the Community market by substitute products which, for the time being, are not a viable alternative because of their high prices.
(36) In the light of the above, the Commission concludes that protective measures would not be appropriate and that it would not be in the Community interest to continue the proceeding.
G. ADVISORY COMMITTEE (37) Objections to the termination of this anti-dumping proceeding were raised in the Advisory Committee. Consequently, in accordance with Article 9 of Regulation (EEC) No 2423/88, the proceeding shall stand terminated if, within one month, the Council, acting by a qualified majority, has not decided otherwise. This Decision shall then be published in the Official Journal of the European Communities,
HAS DECIDED AS FOLLOWS:
Sole Article
The anti-dumping proceeding concerning imports of gum rosin originating in the People's Republic of China falling within CN code 3806 10 10 is hereby terminated.
Done at Brussels, 10 January 1994. | [
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COMMISSION REGULATION (EEC) No 936/93 of 21 April 1993 laying down detailed rules for the application of Council Regulations (EEC) No 525/92 and (EEC) No 3438/92 as regards special measures for the transport of certain fresh fruit and vegetables from Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 525/92 of 25 February 1992 on temporary compensation for the consequences of the situation in Yugoslavia on transport of some fresh fruit and vegetables from Greece (1), and in particular Article 4 thereof,
Having regard to Council Regulation (EEC) No 3438/92 of 23 November 1992 laying down special measures for the transport of certain fresh fruit and vegetables originating in Greece (2), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), and in particular Article 6 (2) thereof,
Whereas Regulation (EEC) No 525/92 introduces financial compensation for consignments made in 1991 by refrigerated lorry or wagon from Greece to Member States other than Italy of fresh fruit and vegetables as defined in Article 1 of Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (4), as last amended by Regulation (EEC) No 638/93 (5);
Whereas Regulation (EEC) No 3438/92 introduces a special temporary allowance in 1992 and 1993 for consignments transported by refrigerated lorry, vessel or wagon from Greece to Member States other than Italy, Spain or Portugal of the abovementioned fresh fruit and vegetables originating in Greece;
Whereas Commission Regulation (EEC) No 1840/92 (6), as amended by Regulation (EEC) No 3667/92 (7), laying down detailed rules for the application of Regulation (EEC) No 525/92 and Commission Regulations (EEC) No 3734/92 (8) and (EEC) No 266/93 (9) laying down detailed rules for the application of Regulation (EEC) No 3438/92, list the documents which must be attached to applications for financial compensation or for the special temporary allowance;
Whereas the additional costs arising from the need to avoid the former Yugoslavia can reasonably be regarded as being the same for the various means of transport mentioned and the various destinations concerned;
Whereas the applications for financial compensation or for a special temporary allowance should be checked and fraud should be penalized;
Whereas the Management Committee for Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The amount of the compensation referred to in Article 1 of Regulation (EEC) No 525/92, and that of the allowance referred to in Article 1 of Regulation (EEC) No 3438/92, is hereby fixed at ECU 2,3 per 100 kilograms of net weight.
2. The rate to be applied for converting the compensation or the allowance referred to in paragraph 1 into Greek drachma shall be the agricultural conversion rate obtaining on the date of issue of the T 5 document referred to in the fifth indent of
Article 2
(2) (c) of Regulation (EEC) No 266/93.
However, in the case of payments for consignments made in 1991 and 1992, the above agricultural conversion rate shall be that obtaining on the date of acceptance of the customs declaration on departure from Greece referred to, respectively, in the fifth indent of Article 2 (1) (c) of Regulation (EEC) No 1840/92 and in the fifth indent of Article 2 (1) of Regulation (EEC) No 3734/92.
3. Payment of the compensation or allowance referred to in paragraph 1 shall be made no later than two months after submission of the application, provided that such application has been declared admissible.
However, such payment shall be made no later than two months after the date on which this Regulation enters into force, as far as applications submitted prior to that date are concerned.
Article 2
The competent Greek authorities shall carry out all checks relating to the grant of the compensation or allowance referred to in Article 1.
Article 3
In cases where compensation or an allowance has been wrongly paid, the competent Greek authorities shall take steps to recover the amounts paid, plus interest running from the date of payment until actual recovery and, in the event of fraud, a penalty equal to the amounts wrongly paid. The rate to be applied for calculating the interest shall be the rate in force under Greek law for similar recovery operations.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 April 1993. | [
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*****
COMMISSION REGULATION (EEC) No 2351/89
of 28 July 1989
amending Regulation (EEC) No 441/88 laying down detailed rules for applying compulsory distillation as referred to in Article 39 of Council Regulation (EEC) No 822/87
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1236/89 (2), and in particular Article 39 (9) thereof,
Whereas Council Regulation (EEC) No 2179/83 of 25 July 1983 laying down general rules for distillation operations involving wine and the by-products of wine-making (3) was last amended by Regulation (EEC) No 2505/88 (4); whereas that amendment causes certain provisions relating to the conditions for the payment of aid adopted previously in Commission Regulation (EEC) No 441/88 (5), as last amended by Regulation (EEC) No 1596/88 (6), to lapse; whereas that Regulation (EEC) No 441/88 should accordingly be adapted by providing in particular for a security to be lodged where certain evidence required for the payment of the aid is not yet available;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 441/88 is hereby amended as follows:
1. Article 16 (2) and (3) are replaced by the following:
'2. Distillers who wish to receive the aid provided for in paragraph 1 shall submit an application and the documents specified in Article 17 of Regulation (EEC) No 2179/83 at the latest by 31 December following the wine year in question.
3. The proof referred to in Article 17 (1) (c) of Regulation (EEC) No 2179/83 may be replaced by proof that a security has been lodged in favour of the intervention agency. Such security shall be equal to 110 % of the aid applied for.
In the case referred to in the frist subparagraph, proof that the distiller has paid in full the purchase price referred to in Article 13 shall be provided to the intervention agency at the latest by 31 March following the wine year in question. Within three months at the latest on such proof being supplied, the intervention agency shall release the security.
If the proof referred to in the second subparagraph is presented after 31 March but before 1 June of the following year and if that delay is not due to serious negligence on the part of the distiller, the intervention agency shall release 80 % of the security.
In all other cases the security shall be forfeit.
4. If the proof referred to in Article 17 (1) (c) of Regulation (EEC) No 2179/83 shows that the time limit laid down in Article 13 (2) has not been met but that the overrun does not exceed 30 days, the aid to be paid to the distiller shall be reduced by 20 %. No aid shall be due where the overrun exceeds 30 days.
5. If it is found that the distiller has not paid the producer the purchase price, the intervention agency shall pay the producer, before 1 June of the wine year following that of delivery of the wine, an amount equal to the aid, where appropriate through the intervention agency of the Member State of the producer.'
2. In Article 17:
- in the first subparagraph of paragraph 1, '31 October' is replaced by '30 November',
- paragraph 2 is replaced by the following:
'2. The price to be paid to the distiller by the intervention agency for products delivered shall be fixed when the distillation provided for in Article 39 of Regulation (EEC) No 822/87 comes into operation. If the distiller has not received the aid, Article 16 (2) to (5) shall apply mutatis mutandis.
If the proof referred to in Article 17 (1) (c) of Regulation (EEC) No 2179/83 shows that the time limit laid down in Article 13 (2) has not been met but that the overrun does not exceed 30 days, the price to be paid to the distiller for the alcohol delivered shall be reduced by 20 %. No amount shall be paid for the alcohol where the overrun exceeds 30 days.',
- the last subparagraph of paragraph 4 is deleted.
3. The second subparagraph of Article 18 (5) is replaced by the following:
'To receive the aid, fortifiers shall, at the latest by 31 December, submit an application to the competent intervention agency together with proof that the security referred to in Article 26 (4) of Regulation (EEC) No 2179/83 has been lodged.'
4. Article 18 (6) is replaced by the following:
'6. Subject to Article 23 of Regulation (EEC) No 2179/83, the security shall be released only if, within the 12 months following submission of the application, the documents referred to in Article 17 of Regulation (EEC) No 2179/83 are produced to the competent intervention agency.
The security shall be released in proportion to the quantities in respect of which the documents are produced.
If the proof referred to in the second indent of the fourth subparagraph of Article 26 (4) of Regulation (EEC) No 2179/83 shows that the time limit laid down in Article 13 (2) has not been met but that the overrun does not exceed 30 days, the amount to be relased shall be equal to 80 % of the security. The security shall be forfeit where the overrun exceeds 30 days.
If it is found that the fortifier has not paid the producer the purchase price, the intervention agency shall pays the producer, before 1 July of the wine year following that of delivery of the wine, an amount equal to the aid, where appropriate through the intervention agency of the Member State of the producer.'
5. Article 19 (1) is replaced by the following:
'1. Member States shall communicate to the Commission, together with the information referred to in Article 20 of Regulation (EEC) No 2179/83, the quantities of table wine and fortified wine distilled (under to distillation operation referred to in Article 39 of Regulation (EEC) No 822/87, broken down by colour.'
Article 2
This Regulation shall enter into force on 1 September 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 1989. | [
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Commission Decision
of 22 March 2001
setting the dates for Spain for the deduction of expenditure excluded from the Community financing of monthly advances
(notified under document number C(2001) 747)
(Only the Spanish text is authentic)
(2001/261/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy(1), as last amended by Regulation (EC) No 1287/95(2),
Having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(3),
Having regard to Commission Regulation (EC) No 1663/95 of 7 July 1995 laying down detailed rules for the application of Regulation (EEC) No 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section(4), as last amended by Regulation (EC) No 2245/1999(5), and in particular the second sentence of Article 8(3) thereof,
After consulting the Committee of the European Agricultural Guidance and Guarantee Fund,
Whereas:
(1) Article 5(2)(c) of Regulation (EEC) No 729/70 and Article 7(4) of Regulation (EC) No 1258/1999 stipulate that the Commission is to exclude expenditure from Community financing where it finds that it has not been incurred in accordance with the Community rules.
(2) The amount charged to Spain pursuant to Commission Decision 2001/137/EC(6) is considerable compared to the monthly expenditure and should therefore be booked in two equal amounts as part of the expenditure of two consecutive months,
HAS ADOPTED THIS DECISION:
Article 1
In the case of Spain, the amount excluded from Community financing pursuant to Decision 2001/137/EC shall be booked in two equal amounts as part of the advances on the expenditure for the second and third month respectively following the date of notification of that Decision.
Article 2
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 22 March 2001. | [
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COMMISSION DECISION of 4 February 1991 approving measures to set up pilot projects for the control of rabies with a view to its eradication or prevention presented by Italy (Only the Italian text is authentic) (91/78/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 89/455//EEC of 24 July 1989 introducing Community measures to set up pilot projects for the control of rabies with a view to its eradication or prevention (1), and in particular Article 4 thereof,
Whereas, conforming to Article 1 of Decision 89/455/EEC Italy shall set up large-scale pilot projects in accordance with Article 3 for the eradication or prevention of rabies in the wild life of the Community using vaccines for the oral immunization of foxes;
Whereas the pilot projects as presented by Italy include the adjacent border areas of Austria and Yugoslavia;
Whereas the pilot project is part of a cross border cooperation with Austria and Yugoslavia;
Whereas by letter dated 24 April 1990 Italy notified the Commission of pilot projects for the control of rabies with a view to its eradication or prevention;
Whereas, after examination the pilot project was found to comply with Decision 89/455/EEC; whereas the conditions for financial participation by the Community are therefore met;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The pilot projects for the eradication and prevention of rabies, presented by Italy are hereby approved.
Article 2
Italy shall bring into force by 1 April 1990 the laws, regulations and administrative provisions for implementing the pilot projects referred to in Article 1.
Article 3
This Decision is addressed to the Italian Republic.
Done at Brussels, 4 February 1991. | [
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COMMISSION REGULATION (EC) No 811/2005
of 27 May 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 28 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2005. | [
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DECISION OF THE MANAGEMENT BOARD OF EUROPOL
of 9 April 2009
agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol
(2009/346/EC)
THE MANAGEMENT BOARD OF EUROPOL,
Having regard to the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol (1), and in particular Article 10 thereof,
Whereas:
(1)
The Council decided on 6 April 2009 to adapt the salaries and emoluments for Europol officials with 1,7 % with retroactive effect as of 1 July 2007.
(2)
The Management Board decided on 9 April 2009 to effect an increase in the amounts mentioned in Article 4 of the Appendix to the Decision of the Management Board of 16 November 1999 (2) by the same percentage and as of the same date as determined by the Council Decision of 6 April 2009 mentioned under point 1.
(3)
In accordance with the same decision of the Management Board of 9 April 2009, the values thus established should be published in the Official Journal of the European Union,
HAS DECIDED AS FOLLOWS:
Article 1
With effect from 1 July 2007:
1.
the value mentioned in the first sentence of Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by EUR 115,61;
2.
the values in euro units of the table included in Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by the following:
8 % to amounts between EUR 115,61 and EUR 2 036,45
10 % to amounts between EUR 2 036,46 and EUR 2 804,90
12,5 % to amounts between EUR 2 804,91 and EUR 3 214,56
15 % to amounts between EUR 3 214,57 and EUR 3 650,62
17,5 % to amounts between EUR 3 650,63 and EUR 4 060,32
20 % to amounts between EUR 4 060,33 and EUR 4 457,42
22,5 % to amounts between EUR 4 457,43 and EUR 4 867,09
25 % to amounts between EUR 4 867,10 and EUR 5 264,21
27,5 % to amounts between EUR 5 264,22 and EUR 5 673,87
30 % to amounts between EUR 5 673,88 and EUR 6 070,99
32,5 % to amounts between EUR 6 071,00 and EUR 6 480,66
35 % to amounts between EUR 6 480,67 and EUR 6 878,40
40 % to amounts between EUR 6 878,41 and EUR 7 288,09
45 % to amounts above EUR 7 288,10.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force the day following its adoption.
Done at The Hague, 9 April 2009. | [
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COMMISSION REGULATION (EC) No 1355/2005
of 18 August 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 August 2005. | [
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COMMISSION DECISION
of 16 June 2008
relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men
(Codified version)
(2008/590/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas:
(1)
Commission Decision 82/43/EEC of 9 December 1981 relating to the settingup of an Advisory Committee on Equal Opportunities for Women and Men (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Decision should be codified.
(2)
Equality between women and men is essential to human dignity and democracy, and constitutes a fundamental principle of Community law, of the constitutions and laws of the Member States, and of international and European conventions.
(3)
The application in practice of the principle of equal treatment for women and men must be encouraged by improved cooperation and exchanges of views and experience between those bodies which have special responsibility in the Member States for promoting equality of opportunity, and the Commission.
(4)
The full implementation in practice of the directives, recommendations and resolutions adopted by the Council in the field of equal opportunities can be speeded up considerably with the assistance of national bodies having a network of specialised information at their disposal.
(5)
The preparation and implementation of Community measures concerning the employment of women, the improvement of the position of women who are self-employed and those engaged in agriculture, and the promotion of equal opportunities require close cooperation with the specialised bodies in Member States.
(6)
Therefore, an institutional framework is required for the purpose of regular consultations with those bodies,
HAS DECIDED AS FOLLOWS:
Article 1
The Commission hereby establishes an Advisory Committee on Equal Opportunities for Women and Men, hereinafter called ‘the Committee’.
Article 2
1. The Committee shall assist the Commission in formulating and implementing the Community’s activities aimed at promoting equal opportunities for women and men, and shall foster ongoing exchanges of relevant experience, policies and practices between the Member States and the various parties involved.
2. To achieve the aims referred to in paragraph 1, the Committee shall:
(a)
assist the Commission in the development of instruments for monitoring, evaluating and disseminating the results of measures taken at Community level to promote equal opportunities;
(b)
contribute to the implementation of Community action programmes in the field, mainly by analysing the results and suggesting improvements to the measures taken;
(c)
contribute, through its opinions, to the preparation of the Commission’s annual report on progress made towards achieving equality of opportunity for women and men;
(d)
encourage exchanges of information on measures taken at all levels to promote equal opportunities and, where appropriate, put forward proposals for possible follow-up action;
(e)
deliver opinions or submit reports to the Commission, either at the latter’s request or on its own initiative, on any matter of relevance to the promotion of equal opportunities in the Community.
3. Procedures for the circulation of the Committee’s opinions and reports shall be determined in agreement with the Commission. They may be published as an Annex to the Commission’s annual report on equal opportunities for women and men.
Article 3
1. The Committee shall comprise 68 members, namely:
(a)
one representative per Member State from ministries or government departments responsible for promoting equal opportunities; the representative shall be designated by the government of each Member State;
(b)
one representative per Member State from national committees or bodies set up by official decision, having specific responsibility for equal opportunities between women and men through representation of the sectors concerned; where there are several committees or bodies dealing with these matters in a Member State, the Commission shall determine which body, by its objectives, structure, representativeness and degree of independence, is best qualified to be represented on the Committee; any Member State without such committees shall be represented by members of bodies deemed by the Commission to perform analogous duties; the representative shall be appointed by the Commission, acting on a proposal from the relevant national committee or body;
(c)
seven members representing employers’ organisations at Community level;
(d)
seven members representing workers’ organisations at Community level.
The representatives shall be appointed by the Commission, acting on a proposal from the social partners at Community level.
2. Two representatives of the European Women’s Lobby shall attend meetings of the Committee as observers.
3. Representatives of international and professional organisations and other associations making duly substantiated requests to the Commission may be given observer status.
Article 4
An alternate shall be appointed for each member of the Committee under the same conditions as those laid down in Article 3.
Without prejudice to Article 7, the alternate shall not attend meetings of the Committee nor participate in its work unless the relevant member is prevented from doing so.
Article 5
The term of office of members of the Committee shall be three years and shall be renewable.
At the end of the three-year period, the members of the Committee shall continue in office until a replacement is provided or their term of office is renewed.
A member’s term of office shall come to an end before the expiry of the three-year period in the event of her/his resignation, the termination of her/his membership of the organisation which she/he represents, or her/his death. A member’s terms of office may also be terminated if the organisation which nominated her/him requests her/his replacement.
The member shall be replaced for the remainder of the term of office in accordance with the procedure laid down in Article 4.
No remuneration shall be attached to a member’s duties; travelling and subsistence expenses for meetings of the Committee and the working parties set up under Article 8 shall be met by the Commission in accordance with the administrative rules in force.
Article 6
The Committee shall elect a chairperson, with a one-year term of office, from among its members. Election shall be by a majority of two-thirds of the members present; a minimum of half the total votes in favour shall, nevertheless, be required.
Two vice-chairpersons shall be elected by the same majority and under the same conditions. They shall be required to stand in for the chairperson in the absence of the latter. The chairperson and vice-chairpersons must belong to different Member States. They shall constitute the Bureau of the Committee, which shall meet before each meeting of the Committee.
The Commission shall organise the work of the Committee in close cooperation with the chairperson. The draft agenda for meetings of the Committee shall be set by the Commission in agreement with the chairperson. The Secretariat of the Committee shall be provided by the Commission’s Equal Opportunities Unit. The minutes of the Committee’s meetings shall be drawn up by the Commission and submitted to the Committee for approval.
Article 7
The chairperson may invite any person who is specially qualified in a particular subject on the agenda to take part in its work as an expert.
Experts shall only take part in the work on the particular subject for which their attendance is requested.
Article 8
1. The Committee may set up working parties.
2. For the preparation of its opinions, the Committee may entrust a rapporteur or an outside expert with the task of drawing up reports in accordance with procedures to be determined.
3. One or more members of the Committee may participate as observers in the activities of other advisory committees of the Commission, and shall inform the Committee accordingly.
Article 9
Measures adopted under Articles 7 and 8 having financial implications for the budget of the European Communities shall be submitted for the prior agreement of the Commission and shall be implemented in accordance with the administrative rules in force.
Article 10
The Committee shall be convened by the Commission and shall meet on its premises. It shall meet at least twice a year.
Article 11
The Committee’s deliberations shall deal with the requests for opinion presented by the Commission or with the opinions which the Committee delivers on its own initiative. They are not followed by a vote.
The Commission, when requesting the Committee’s opinion, may set a deadline within which the opinion should be delivered.
The views expressed by the different categories represented in the Committee shall be recorded in the minutes, which shall be transmitted to the Commission.
Where the opinion requested has been agreed unanimously by the Committee, the Committee shall draft common conclusions which shall be annexed to the minutes.
Article 12
Without prejudice to Article 287 of the Treaty, members of the Committee are required not to disclose information obtained in the course of their work on the Committee or its working parties when informed by the Commission that the opinion requested or question asked concerns a confidential matter.
In such cases, only members of the Committee and representatives of the Commission departments shall attend meetings.
Article 13
Decision 82/43/EEC is repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex II.
Done at Brussels, 16 June 2008. | [
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COMMISSION REGULATION (EC) No 93/2005
of 19 January 2005
amending Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing of animal by-products of fish origin and commercial documents for the transportation of animal by-products
(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 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Article 32(1) thereof,
Whereas:
(1)
Annex V, Chapter III of Regulation (EC) No 1774/2002 sets out the processing methods for animal by-products. For animal by-products of fish origin processing method 6 is provided for in that Chapter but the processing parameters are not specified.
(2)
The Scientific Steering Committee has issued a number of opinions addressing the safety of animal by-products including fish. According to those opinions the risk of transmissible spongiform encephalopathies (TSEs) arising from animal by-products of fish origin is negligible.
(3)
The Scientific Committee on Animal Health and Animal Welfare adopted a report on the use of fish by-products in aquaculture at its meeting of 26 February 2003.
(4)
It is appropriate to lay down the requirements for the processing of animal by-products of fish origin in line with those opinions and reports.
(5)
It is appropriate to lay down different processing methods for materials likely to contain high or low numbers of pathogens, excluding bacterial spores.
(6)
Annex II, Chapter III of Regulation (EC) No 1774/2002 provides for a commercial document to accompany animal by-products and processed products during transportation. It is appropriate to lay down a model for that commercial document.
(7)
Regulation (EC) No 1774/2002 should therefore be amended accordingly.
(8)
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
Annexes V and II to Regulation (EC) No 1774/2002 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 January 2005. | [
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COMMISSION REGULATION (EC) No 1371/95 of 16 June 1995 laying down detailed rules for implementing the system of export licences in the egg sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EEC) No 3290/94 (2), and in particular Articles 3 (2), 8 (12) and 15 thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations, and in particular Article 3 (1) thereof,
Whereas Regulation (EEC) No 2771/75 provides that from 1 July 1995 all exports for which export refunds are requested, with the exception of exports of hatching eggs, shall be subject to the presentation of an export licence with advance fixing of the refund; whereas therefore specific implementing rules should be laid down for the egg sector which should, in particular, include provisions for the submission of the applications and the information which must appear on the applications and licences, in addition to those contained in Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing licences for agricultural products (3), as last amended by Regulation (EC) No 1199/95 (4);
Whereas, in order to assure proper administration of the system, the rate of the security for export licences under the said system should be fixed; whereas in view of the risk of speculation inherent in the system in the egg sector, export licences should not be transferable and precise conditions governing access by traders to the said system should be laid down;
Whereas Article 8 (12) of Regulation (EEC) No 2771/75 provides that compliance with the obligations arising from agreements concluded during the Uruguay Round of multilateral trade negotiations regarding the export volume shall be ensured on the basis of the export licences; whereas therefore a detailed schedule for the lodging of applications and for the issuing of licences should be laid down;
Whereas, in addition, the decision regarding applications for export licences should be communicated only after a period of consideration; whereas this period would allow the Commission to appreciate the quantities applied for as well as the expenditure involved and, if appropriate, to take specific measures applicable in particular to the applications which are pending; whereas it is in the interest of trader to allow the licence application to be withdrawn after the acceptance coefficient has been fixed;
Whereas, in the case of applications concerning quantities equal to or less than 25 tonnes, the export licence should be issued immediately if the trader requests it; whereas these licences, however, should benefit from refunds only in accordance with the measures which the Commission might possibly have taken for the period in question;
Whereas in order to ensure an exact follow up of the quantities to be exported, a derogation from the rules regarding the tolerances laid down in Regulation (EEC) No 3719/88 should be laid down;
Whereas the Commission must dispose of precise information concerning applications for licences and of the use of licences issued, in order to be able to manage this system; whereas, in the interest of efficient administration, the notifications from Member States to the Commission should be made according to a uniform model;
Whereas to avoid any interruption of exports at the time of entry into force of the Agreement on Agriculture of the Uruguay Round, authorization should be given for export licences to be applied for and issued before the date of the entry into force of this Agreement, but for use after that date;
Whereas Article 8 (6) of Regulation (EEC) No 2771/75 provides that for hatching eggs export refunds may be granted on the basis of an ex post export licence; whereas therefore implementing rules for such a system should be laid down with the aim of ensuring efficient verification with the obligations arising from the agreements concluded in the framework of the Uruguay Round negotiations are complied with; whereas, however, it would appear unnecessary to require the lodging of a security in the case of licences applied for after exportation;
Whereas the provisions of Commission Regulation (EEC) No 572/73 of 26 February 1973 establishing egg and poultrymeat products eligible for the advance fixing of export refunds (1), as last amended by Regulation (EC) No 3501/93 (2), and of Commission Regulation (EEC) No 3652/81 of 18 December 1981 laying down detailed rules for implementing the system of advance fixing certificates for refunds in the poultrymeat and eggs sector (3), as last amended by Regulation (EC) No 1030/95 (4), were repealed by the provisions of Commission Regulation (EC) No 1372/95 (5) as from the date of entry into force of the Agreement on Agriculture of the Uruguay Round;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
As from 1 July 1995, all exports of products in the egg sector for which an export refund is requested, with the exception of hatching eggs falling within CN codes 0407 00 11 and 0407 00 19, shall be subject to the presentation of an export licence with advance fixing of the refund, in accordance with the provisions of Articles 2 to 8.
Article 2
1. Export licences shall be valid from the date of issue, within the meaning of Article 21 (1) of Regulation (EEC) No 3719/88, until the end of the third month following that date in the case of eggs in shell falling within CN code 0407 00 30, and until the end of the sixth month following that date in the case of egg products falling within CN code 0408.
2. Applications for licences and licences shall bear, in section 15, the description of the product and, in section 16, the 11-digit product code of the agricultural product nomenclature for export refunds.
3. The categories of products referred to in the second subparagraph of Article 13a of Regulation (EEC) No 3719/88, as well as the rate of the security for export licences are given in Annex I.
4. Applications for licences and licences shall bear, in section 20, at least one of the following:
- Reglamento (CE) n° 1371/95,
- Forordning (EF) nr. 1371/95,
- Verordnung (EG) Nr. 1371/95,
- Êáíïíéóìueò (AAÊ) áñéè. 1371/95,
- Regulation (EC) No 1371/95,
- Règlement (CE) n° 1371/95,
- Regolamento (CE) n. 1371/95,
- Verordening (EG) nr. 1371/95,
- Regulamento (CE) nº 1371/95,
- Asetus (EY) N :o 1371/95,
- Foerordning (EG) nr 1371/95.
Article 3
1. Applications for export licences must be lodged with the competent authorities from Wednesday to Friday of each week.
2. Applicants for export licences must be natural or legal persons who, at the time applications are submitted, are able to prove to the satisfaction of the competent authorities in the Member States that they have been engaged in trade in the egg sector for at least 12 months. However, retail establishments or restaurants selling their products to end consumers may not lodge applications.
3. Export licences are issued on the Wednesday following the period referred to in paragraph 1, provided that none of the particular measures referred to in paragraph 4 have since been taken by the Commission.
4. Where applications for export licences concern quantities and/or expenditure which exceed the normal trade patterns, or where there is a risk that they will be exceeded, taking account of the limits referred to in Article 8 (12) of Regulation (EC) No 2771/75 and/or the corresponding expenditure during the period in question, the Commission may - set a single percentage by which the quantities applied for are accepted,
- refuse the applications for which export licences have not yet been awarded,
- suspend the lodging of applications for export licences for a maximum of five working days. A suspension for a longer period may be decided in accordance with the procedure provided for in Article 17 of Regulation (EEC) No 2771/75. In these cases, applications for export licences lodged during the suspension period shall be inadmissible.
These measures may be adjusted according to the category of product.
5. Where quantities applied for are rejected or reduced, the security shall be released immediately for all quantities for which an application was not satisfied.
6. Notwithstanding paragraph 3, where a single percentage of acceptance less than 80 % is set the licence shall be issued at the latest by the 11th working day following publication of that percentage in the Official Journal of the European Communities. During the 10 working days following its publication, the operator may:
- either withdraw his application, in which case the security is released immediately,
- or request immediate issuing of the licence, in which case the competent authority shall issue it without delay but no sooner than the Monday following the lodging of the licence application.
Article 4
1. Where the applications referred to in Article 3 (1) relate to 25 tonnes or less, and if the operator requests it at the same time, the competent authority shall immediately issue the licence applied for by indicating in section 22, at least one of the following:
- Certificado de exportación sin perjuicio de medidas especiales de conformidad con el apartado 4 del artículo 3 del Reglamento (CE) n° 1371/95,
- Eksportlicens udstedt med forbehold af saerforanstaltninger i henhold til artikel 3, stk. 4, i forordning (EF) nr. 1371/95,
- Ausfuhrlizenz, erteilt unter Vorbehalt der besonderen Massnahmen gemaess Artikel 3 Absatz 4 der Verordnung (EG) Nr. 1371/95,
- Ðéóôïðïéçôéêue aaîáãùãÞò ðïõ aaêaessaeaaôáé ìaa ôçí aaðéoeýëáîç ôùí aaéaeéêþí ìÝôñùí óýìoeùíá ìaa ôï UEñèñï 3 ðáñUEãñáoeïò 4 ôïõ êáíïíéóìïý (AAÊ) áñéè. 1371/95,
- Export licence issued subject to any particular measures taken under Article 3 (4) of Regulation (EC) No 1371/95,
- Certificat d'exportation délivré sous réserve de mesures particulières conformément à l'article 3 paragraphe 4 du règlement (CE) n° 1371/95,
- Titolo d'esportazione rilasciato sotto riserva d'adozione di misure specifiche a norma dell'articolo 3, paragrafo 4 del regolamento (CE) n. 1371/95,
- Uitvoercertificaat afgegeven onder voorbehoud van bijzondere maatregelen zoals bedoeld in artikel 3, lid 4, van Verordening (EG) nr. 1371/95,
- Certificado de exportação emitido sem prejuízo de medidas especiais em conformidade com o nº 4 do artigo 3º do Regulamento (CE) nº 1371/95,
- Vientitodistus myoennetty, jollei asetuksen (EY) N :o 1371/95 3 artiklan 4 kohdan mukaisista erityisistaa toimenpiteistae muuta johdu,
- Exportlicens utfaerdad med foerbehaall foer saerskilda aatgaerder med stoed av artikel 3.4 i foerordning (EG) nr 1371/95.
2. From the Wednesday following the week during which the applications referred to in Article 3 (1) were lodged, the competent authority, upon the request of the operator concerned, shall, in the light of the particular measures taken pursuant to Article 3 (4) for the week in question, amend the licence issued. To this end, it shall cancel the indication referred to in paragraph 1 and shall indicate in section 22 at least one of the following:
(a) if particular measures have not been taken or if a single percentage of acceptance has been set:
- Certificado de exportación con fijación anticipada de la restitución por una cantidad de [ . . . ] toneladas de los productos que se indican en las casillas 17 y 18,
- Eksportlicens med forudfastsaettelse af eksportrestitution for en maengde paa [ . . . ] tons af de i rubrik 17 og 18 anfoerte produkter,
- Ausfuhrlizenz mit Vorausfestsetzung der Erstattung fuer eine Menge von [ . . . ] Tonnen der in Feld 17 und 18 genannten Erzeugnisse,
- Ðéóôïðïéçôéêue aaîáãùãÞò ðïõ ðaañéëáìâUEíaaé ôïí ðñïêáèïñéóìue ôçò aaðéóôñïoeÞò ãéá ìssá ðïóueôçôá [ . . . ] ôueíùí ðñïúueíôùí ðïõ aaìoeássíïíôáé óôá ôaaôñáãùíssaeéá 17 êáé 18,
- Export licence with advance fixing of the refund for a quantity of [ . . . ] tonnes of the products shown in sections 17 and 18,
- Certificat d'exportation comportant fixation à l'avance de la restitution pour une quantité de [ . . . ] tonnes de produits figurant aux cases 17 et 18,
- Titolo d'esportazione recante fissazione anticipata della restituzione per un quantitativo di [ . . . ] t di prodotti indicati nelle caselle 17 e 18,
- Uitvoercertificaat met vaststelling vooraf van de restitutie voor [ . . . ] ton produkt vermeld in de vakken 17 en 18,
- Certificado de exportação com prefixação da restituição para uma quantidade de [ . . . ] toneladas de produtos constantes das casas 17 e 18,
- Vientitodistus, johon sisaeltyy tuen ennakkovahvistus [ . . . ] tonnille kohdassa 17 ja 18 mainittuja tuotteita,
- Exportlicens med foerutfaststaellelse av exportbidrag foer en kvantitet av ( . . . ) ton av de produkter som naemns i faelt 17 och 18 ;
(b) if the applications for licences have been rejected :
- Certificado de exportación sin derecho a restitución,
- Eksportlicens, der ikke giver ret til eksportrestitution,
- Ausfuhrlizenz ohne Anspruch auf Erstattung,
- Ðéóôïðïéçôéêue aaîáãùãÞò ÷ùñssò aeéêássùìá ãéá ïðïéáaeÞðïôaa aaðéóôñïoeÞ,
- Export licence without entitlement to any refund,
- Certificat d'exportation ne donnant droit à aucune restitution,
- Titolo d'esportazione che non dà diritto ad alcuna restituzione,
- Uitvoercertificaat dat geen recht op een restitutie geeft,
- Certificado de exportação que não dá direito a qualquer restituição,
- Vientitodistus ei oikeuta tukeen,
- Exportlicens som inte ger raett till exportbidrag.
3. Exports which are effected on the basis of licences issued pursuant to this Article shall benefit from a refund only in accordance with the indications inserted under paragraph 2 (a).
Article 5
Export licences shall not be transferable.
Article 6
The quantity exported within the tolerance referred to in Article 8 (4) of Regulation (EEC) No 3719/88 shall not give entitlement to payment of the refund.
In section 22 of the licence, at least one of the following shall be indicated:
- Restitución válida por [ . . . ] toneladas (cantidad por la que se expida el certificado),
- Restitutionen omfatter [ . . . ] t (den maengde, licensen vedroerer),
- Erstattung gueltig fuer [ . . . ] Tonnen (Menge, fuer welche die Lizenz ausgestellt wurde),
- AAðéóôñïoeÞ éó÷ýïõóá ãéá [ . . . ] ôueíïõò (ðïóueôçôá ãéá ôçí ïðïssá Ý÷aaé Ýêaeïèaass ôï ðéóôïðïéçôéêue),
- Refund valid for [ . . . ] tonnes (quantity for which the licence is issued),
- Restitution valable pour [ . . . ] tonnes (quantité pour laquelle le certificat est délivré),
- Restituzione valida per [ . . . ] t (quantitativo per il quale il titolo è rilasciato),
- Restitutie geldig voor [ . . . ] ton (hoeveelheid waarvoor het certificaat wordt afgegeven),
- Restituição válida para [ . . . ] toneladas (quantidade relativamente à qual é emitido o certificado),
- Tuki on voimassa [ . . . ] tonnille (maeaerae, jolle todistus on myoennetty),
- Ger raett till exportbidrag foer ( . . . ) ton (den kvantitet foer vilken licensen utfaerdats).
Article 7
1. Member States shall communicate to the Commission, each Monday before 1 p.m., by fax, the following data referring to the preceding week:
(a) the applications for export licences with advance fixing of refunds referred to in Article 1;
(b) the quantities for which export licences have been issued;
(c) the quantities for which applications for export licences have been withdrawn pursuant to Article 3 (6).
2. The notification of the applications referred to in paragraph 1 (a) shall specify:
- the quantity in product weight for each category referred to in Article 2 (3),
- the breakdown by destination of the quantity for each category in the case where the rate of refund varies according to the destination,
- the rate of refund applicable,
- the total amount of refund prefixed in ecu per product category.
3. Member States shall communicate to the Commission on a monthly basis following the expiry of validity of export licences the quantity of unused export licences.
4. All notifications referred to in paragraphs 1 and 3, including 'nil` notifications, shall be made in accordance with the model set out in Annex II.
Article 8
Applications for export licences to be used for exports as from 1 July 1995 may be lodged as from 21 June 1995.
Article 9
1. For hatching eggs falling within CN codes 0407 00 11 and 0407 00 19, operators shall declare at the time when customs formalities for exports are fulfilled, that they intend to claim an export refund.
2. Not later than one working day after exporting, operators shall lodge with the competent authority the application for an ex post export licence for the chicks exported. In section 22 of the licence application and of the licence, shall be indicated the term ex post together with the customs office where customs formalities have been fulfilled as well as the date on which they took place.
By derogation from Article 14 (2) of Regulation (EEC) No 3719/88 no security shall be required.
3. Member States shall communicate to the Commission, each Monday before 1 p.m., by fax, the number of ex post export licences applied for or the absence of such applications, during the preceding week. The notifications shall be made in accordance with the model set out in Annex III and shall specify, where applicable, the details referred to in Article 7 (2).
4. Ex post export licences shall be issued each following Wednesday, provided that none of the particular measures referred to in Article 3 (4) are taken by the Commission after the export concerned. Where such measures are taken they shall apply to the exports already carried out.
This licence accords entitlement to payment of the refund applicable on the day on which the customs formalities for exports were fulfilled.
5. Articled 22 of Regulation (EEC) No 3719/88 shall not apply to the ex post licences referred to in paragraphs 1 to 4.
The licences shall be presented directly by the interested party to the agency in charge of the payment of export refunds. This agency shall attribute and stamp the licence.
Article 10
Regulation (EEC) No 3652/81 shall remain applicable for advance fixing certificates issued before 1 July 1995 pursuant to that Regulation.
Article 11
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply to the export licences referred to in Article 1 as from 21 June 1995.
The provisions of Articles 4, 9 and 10, however, shall apply from 1 July 1995.
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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COUNCIL REGULATION (EEC) N° 3650/90 of 11 December 1990 on measures to strengthen the application of the common quality standards for fruit and vegetables in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 234 (2) thereof,
Having regard to the proposal from the Commission,
Whereas on 26 June 1990 the Commission sent the Council a report on the progress made towards specific objectives and on the implementation of structural measures in Portugal during the first stage;
Whereas that report shows that the mechanisms introduced in the fruit and vegetables sector as regards standardization cannot be applied in such a way as to enable the objectives to be fully attained and the common organization of the market in fruit and vegetables as laid down by Council Regulation (EEC) N° 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables(1), as last amended by Regulation (EEC) N° 1193/90(2), to function properly; whereas, therefore, the Community should contribute towards funding a programme, approved by the Commission, including measures aimed at ensuring the spread of common quality standards and the setting-up of a fruit and vegetables inspectorate in Portugal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Community shall contribute towards funding a programme of measures to be put forward and carried out by the Portuguese authorities over a five-year period with a view to:
improving application of the common quality standards in accordance with Article 2 of Regulation (EEC) N° 1035/72, and strengthening the arrangements for checking that the abovementioned standards are complied with in respect of fresh fruit and vegetables that are:
(a)placed on the Portuguese market;
(b)placed on the market within the Community;
(c)imported from, or exported to, third countries;
(d)withdrawn from the market;
e)supplied to the processing industry, where such standards apply, particularly for the purpose of granting Community aid.
2. The programme referred to in paragraph 1 shall be submitted to the Commission before 31 December 1991 and approved by the Commission prior to implementation.
Article 2
The programme referred to in Article 1 shall include the following measures:
1.As regards the application of common quality standards:
the setting-up in production areas of pilot operations equipped to provide practical demonstrations of standardization activities,
the organization of training courses,
the preparation and distribution of teaching materials to illustrate the characteristics of standardized products,
the development of packaging designs suited to the various products.
2.As regards the arrangements for checking compliance with the quality standards:
the creation of an inspectorate made up of officials whose sole task will be to carry out the checks referred to in the second indent of Article 1 (1), duly managed by a specialized service,the specialized training of the abovementioned officials,
the carrying out of on-the spot checks.
Article 3
1. The Community shall contribute 80 % of the eligible expenditure, as defined pursuant to Article 4,
incurred in carrying out the measures referred to in Article 2 over a period of five years as from the date on which the programme is approved.
2. The annual amount of expenditure financed by the Community shall be fixed by the Commission on the basis of the information supplied by Portugal each year for the previous year.
3. Expenditure that benefits at the same time from other Community measures shall not be eligible for assistance under this Regulation.
Article 4
Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 33 of Regulation (EEC) N° 1035/72.
Article 5
This Regulation shall enter into force on 1 January 1991.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 1990. | [
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*****
COMMISSION REGULATION (EEC) No 3434/87
of 17 November 1987
amending Regulations (EEC) No 2973/79 and (EEC) No 2377/80 as regards certain beef and veal import and export arrangements
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 467/87 (2), and in particular Article 15 (2) thereof,
Having regard to Council Regulation (EEC) No 2931/79 of 20 December 1979 on the granting of assistance for the exportation of agricultural products which may benefit from a special import treatment in a third country (3), and in particular Article 1 (2) thereof,
Whereas Commission Regulation (EEC) No 2973/79 of 21 December 1979 laying down detailed rules for the application of granting of assistance for the export of beef and veal products which may benefit from a special import treatment in a third country (4), as last amended by Regulation (EEC) No 3582/81 (5), and 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 (6), as last amended by Regulation (EEC) No 520/87 (7), lay down, in respect of certain beef and veal products, the measures for applying the quota for exports to the United States and the quota for imports from the United States and Canada; whereas experience has shown that it is advisable to amend those measures via the introduction of a quarterly management system, with unused quantities in respect of one quarter being carried over to the following quarter; whereas experience has shown, in the case of the import arrangements, that the amount of the security should be increased and that the traders authorized to apply for import licences under the said arrangements should be defined;
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 second subparagraph of Article 1 (1) of Regulation (EEC) No 2973/79 is hereby replaced by the following:
'The quantity available per quarter shall be 1 250 tonnes plus, in the case of the last three quarters, the quantity, as referred to in Article 15 (6) (c) of Regulation (EEC) No 2377/80, remaining in respect of the previous quarter.'
Article 2
Regulation (EEC) No 2377/80 is hereby amended as follows:
1. Article 6 (1) is replaced by the following:
'1. The amount of security in respect of import licences with advance fixing of the levy and import licences as referred to in Article 12 shall be 10 ECU per 100 kilograms net.'
2. Article 12 (1) (a) is replaced by the following:
'(a) the licence application or applications lodged by any one applicant shall relate to a total quantity corresponding to not less than five tonnes of meat by product weight and shall not exceed the quantity available in respect of the arrangements in question for the quarter in which the application(s) is(are) lodged.'
3. The following is added to Article 12 (1):
'(d) The applicant must be a natural or legal person who, at the time his application is submitted, has, for twelve months at least, been engaged in the trade in beef and or veal between Member States or with third countries and whose name is included in the official register of a Member State.'
4. The following paragraph is added to Article 12:
'3. The quantity available per quarter in respect of the arrangements referred to in paragraph 1 shall be 25 % of the total quantity plus, in the case of the last three quarters, the quantity, as referred to in Article 15 (6) (d), remaining in respect of the previous quarter.'
5. Article 15 (1) (b) is replaced by the following:
'(b) applications under Article 13, during the first 10 days of each month;'
6. The following is added to Article 15 (1):
'(d) applications under Article 12, during the first 10 days of each quarter.'
7. In Article 15 (2) (b), 'under Articles 9 to 11' is replaced by 'under Articles 9 to 12';
8. The following shall be added to Article 15 (4) (e):
'This communication shall include the list of applicants as well as mentioning the countries of origin'.
9. Article 15 (5) (b) is replaced by the following:
'(b) licences under Article 13, on the 21st day of each month;'
10. The following is added to Article 15 (5):
'(d) licences under Article 12, on the 21st day of each quarter.'
11. The following is added to Article 15 (6) (c):
'If the overall quantity for which applications for licences have been submitted is less than the quantity available the Commission shall calculate the remaining quantity, which shall be added to the quantity available in respect of the following quarter.'
12. In Article 15 (6) (d), the last sentence is replaced by the following:
'If the overall quantity for which applications for licences have been submitted is less than the quantity available the Commission shall calculate the quantity remaining, which shall be added to the quantity available in respect of the following quarter.'
Article 3
This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 1987. | [
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COMMISSION DIRECTIVE 97/47/EC of 28 July 1997 amending the Annexes to Council Directives 77/101/EEC, 79/373/EEC and 91/357/EEC (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs (1), as last amended by Directive 90/654/EEC (2), and in particular Article 10 thereof,
Having regard to Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (3), as last amended by Directive 96/24/EC (4), and in particular Article 10 (e) thereof,
Whereas cases of bovine spongiform encephalopathy (BSE) have been reported in some Member States; whereas scrapie is also known to exist in some Member States; whereas BSE and scrapie agents may be transmitted by the oral route;
Whereas BSE in bovine animals is considered to originate from the use in feed of protein obtained from ruminants, constituting a vector for the transmission of agents of transmissible spongiform encephalopathies and not effectively treated to inactivate such agents;
Whereas, to protect ruminants from the health risks arising from the fact that methods of treating protein could not always ensure that the agents were totally inactivated, the Commission adopted Decision 94/381/EC of 27 June 1994 concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (5), as last amended by Decision 95/60/EC (6); whereas that instrument bans the feeding to ruminants of protein obtained from mammalian tissue while laying down that some products are to be exempted given that they present no health risk;
Whereas, given the health risks associated with the feeding to ruminants of feedingstuffs containing infected protein derived from mammalian tissue and the fact that the transmission of the disease to humans cannot be ruled out, the Council decided at its meeting of 1 to 3 April 1996 to adopt additional measures to protect human and animal health;
Whereas, for practical reasons and for the sake of legal consistency, Commission Decision 95/274/EC of 10 July 1995 amending Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feedingstuffs (7) prohibits the use of protein derived from mammalian tissue in compound feedingstuffs for ruminants;
Whereas Directives 77/101/EEC and 79/373/EEC lay down general and specific rules for the marketing and labelling of straight and compound feedingstuffs; whereas, to prevent the users of feedingstuffs containing protein derived from certain tissue of mammals from feeding them to ruminants through ignorance of current feedingstuffs and veterinary rules, appropriate labelling of such feedingstuffs must call attention to the prohibition on their use in ruminant feed; whereas Directive 77/101/EEC will be repealed by Council Directive 96/25/EC (8) on the circulation of feed materials, and similar measures will therefore also have to be laid down in Directive 96/25/EC;
Whereas the provisions laid down shall apply without prejudice to more stringent provisions which some Member States may have adopted as permitted by Article 1 (2) of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (9);
Whereas Member States applying more stringent prohibitions must adapt the provisions on labelling in accordance with the prohibitions applying in those Member States;
Whereas the categories of ingredients listed in Commission Directive 91/357/EEC of 13 June 1991 laying down the categories of ingredients which may be used for the purposes of labelling compound feedingstuffs for animals other than pet animals (10) allow several ingredients to be grouped under a common description; whereas, however, livestock farmers must have accurate and meaningful information on compound feedingstuffs containing ingredients comprising protein derived from mammalian tissue; whereas the category 'Land animal products` pertaining to that group of ingredients should therefore be deleted from the labelling of compound feedingstuffs; whereas, consequently, feedingstuff producers must give an accurate description of the ingredients covered by that category since they no longer fall within any of the categories set out in the Annex to Directive 91/357/EEC;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Feedingstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The provisions of this Directive shall apply without prejudice to Decision 94/381/EC.
Article 2
Amendment to Directive 77/101/EEC
The following point is hereby added to Part A of the Annex to Directive 77/101/EEC:
'3. Labelling of straight feedingstuffs comprising protein derived from mammalian tissue.
3.1. The labelling of straight feedingstuffs comprising protein derived from mammalian tissue must contain the following statement: "This straight feedingstuff comprises protein derived from mammalian tissue the feeding of which to ruminants is prohibited".
This does not apply to:
- milk and milk products,
- gelatin,
- amino acids obtained from hides and skins by a process which involves exposure of the material to a pH of 1 to 2 followed by a pH of 11, followed by heat treatment at 140 °C for 30 minutes at 3 bar,
- dicalcium phosphate derived from defatted bones, and
- dried plasma and other blood products.
3.2. Where a Member State prohibits the use of protein derived from mammalian tissue as referred to in 3.1, first sentence, in feedingstuffs for certain animals other than ruminants as permitted by Article 1 (2) of Council Directive 90/667/EEC (*), the statement required in 3.1 must mention in addition the other species or categories of animals to which it has extended the prohibition on the use of the products in question.
(*) OJ No L 363, 27. 12. 1990, p. 51.`
Article 3
Amendment to Directive 79/373/EEC
The following point is hereby added to Part A of the Annex to Directive 79/373/EEC:
'7. Labelling of compound feedingstuffs containing protein derived from mammalian tissue.
7.1. The labelling of compound feedingstuffs containing protein derived from mammalian tissue and intended for animals other than pets must contain the following statement: "This compound feedingstuff contains protein derived from mammalian tissue the feeding of which to ruminants is prohibited".
This does not apply to compound feedingstuffs which contain no protein derived from mammalian tissue other than the following:
- milk and milk products,
- gelatin,
- amino acids obtained from hides and skins by a process which involves exposure of the material to a pH of 1 to 2 followed by a pH of 11, followed by heat treatment at 140 °C for 30 minutes at 3 bar,
- dicalcium phosphate derived from defatted bones, and
- dried plasma and other blood products.
7.2. Where a Member State prohibits the use of protein derived from mammalian tissue as referred to in 7.1, first sentence, in feedingstuffs for certain animals other than ruminants as permitted by Article 1 (2) of Council Directive 90/667/EEC (*), the statement required in 7.1 must mention in addition the other species or categories of animals to which it has extended the prohibition on the use of the products in question.
(*) OJ No L 363, 27. 12. 1990, p. 51.`
Article 4
Amendment to Directive 91/357/EEC
The Annex to Directive 91/357/EEC is hereby amended as follows:
1. Category 12 'Land animal products` is deleted;
2. in column 1, the numbers '13`, '14`, '15` and '16` are replaced by '12`, '13`, '14` and '15` respectively.
Article 5
1. Member States shall bring into force not later than 1 December 1997 the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive. They shall immediately inform the Commission thereof.
When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.
Article 6
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 28 July 1997. | [
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*****
COUNCIL REGULATION (EEC) No 3599/84
of 18 December 1984
on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Socialist Republic of Romania amending Annex II to the Protocol annexed to the Agreement on trade in industrial products
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Joint Committee established by the Agreement between the European Economic Community and the Socialist Republic of Romania of 28 July 1980 (1) met in Bucharest on 8 and 9 November 1984; whereas, upon completion of its work, it recommended inter alia an increase in some of the amounts appearing in Annex II to the Protocol on the application of Article 4 of the Agreement between the European Community and the Socialist Republic of Romania on trade in industrial products (2);
Whereas the said Protocol provides that amendments to the Annexes thereto recommended by the Joint Committee should be notified by an exchange of letters between the two parties;
Whereas, following the examination of the various aspects of the measures recommended by the Joint Committee, action should be taken thereon, account being taken, in particular, of the relevant provisions of the Agreement on trade in industrial products,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement in the form of an exchange of letters between the European Economic Community and the Socialist Republic of Romania amending Annex II to the Protocol annexed to the Agreement on trade in industrial products is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Regulation.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.
Article 3
The amendments referred to in Article 1 shall apply from the date of entry into force of the Agreement in the form of an exchange of letters.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1984. | [
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COMMISSION REGULATION (EC) No 1229/2006
of 14 August 2006
fixing the import duties in the cereals sector applicable from 16 August 2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.
(3)
Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.
(4)
The import duties are applicable until new duties are fixed and enter into force.
(5)
In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.
(6)
Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 16 August 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2006. | [
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Commission Regulation (EC) No 1205/2001
of 19 June 2001
amending, for the first time, Council Regulation (EC) No 2488/2000 maintaining a freeze of funds in relation to Mr Milosevic and those persons associated with him
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2488/2000 of 10 November 2000 maintaining a freeze of funds in relation to Mr Milosevic and those persons associated with him and repealing Regulations (EC) No 1294/1999 and (EC) No 607/2000 and Article 2 of Regulation (EC) No 926/98(1), and in particular Article 4(2)(a) thereof,
Whereas:
(1) In accordance with Article 1 of Regulation (EC) No 2488/2000 all funds and other financial resources held outside the Federal Republic of Yugoslavia belonging to Mr Milosevic and to natural persons associated with him, are to be frozen and such funds and financial resources are not to be made available to or for the benefit of these persons, as listed in Annex I to the Regulation. The Commission is empowered to amend that Annex, taking into account decisions implementing Common Position 2000/696/CFSP(2).
(2) By means of Common Position 2001/155/CFSP(3), the Council amended the provisions of its Common Position 2000/696/CFSP as regards the ban on admission to the European Union. It is, therefore, appropriate to amend Regulation (EC) No 2488/2000.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee referred to in Article 5 of Regulation (EC) No 2488/2000,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 2488/2000 is replaced by the text 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 Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2001. | [
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COMMISSION REGULATION (EC) No 368/2005
of 3 March 2005
concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1757/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1757/2004 (2).
(2)
Article 7 of 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), and in particular Article 13(3) thereof,
(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 February to 3 March 2005 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 1757/2004.
Article 2
This Regulation shall enter into force on 4 March 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2005. | [
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COMMISSION REGULATION (EC) No 176/2009
of 5 March 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 March 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 March 2009. | [
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Commission Regulation (EC) No 1178/2003
of 2 July 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 3 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 July 2003. | [
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COMMISSION REGULATION (EEC) No 1591/91 of 12 June 1991 re-establishing the levying of customs duties on products of categories 22, 26 and 37 (order Nos 40.0220, 40.0260 and 40.0370), originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile products originating in developing countries (1), and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/90 provides that preferential tariff treatment shall be accorded, for each category of products subjected in Annexes I and II thereto to individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of categories 22, 26 and 37 (order Nos 40.0220, 40.0260 and 40.0370), originating in Pakistan, the relevant ceilings amount to 649 tonne, 395 000 pieces and 386 tonnes respectively;
Whereas on 16 May 1991 imports of the products in question into the Community, originating in Pakistan, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Pakistan,
HAS ADOPTED THIS REGULATION: Article 1
As from 16 June 1991 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in Pakistan:
Order No Category
(unit) CN code Description 40.0220 22
(tonnes) 5508 10 11
5508 10 19
5509 11 00
5509 12 00
5509 21 10
5509 21 90
5509 22 10
5509 22 90
5509 31 10
5509 31 90
5509 32 10
5509 32 90
5509 41 10
5509 41 90
5509 42 10
5509 42 90
5509 51 00
5509 52 10
5509 52 90
5509 53 00
5509 59 00
5509 61 10
5509 61 90
5509 62 00
5509 69 00
5509 91 10
5509 91 90
5509 92 00
5509 99 00 Yarn of staple or waste synthetic, fibres not put up for retail sale 40.0260 26
(1 000 pieces) 6104 41 00
6104 42 00
6104 43 00
6104 44 00
6204 41 00
6204 42 00
6204 43 00
6204 44 00 Women's or girls' dresses, of wool, of cotton or man-made fibres 40.0370 37
(tonnes) 5516 11 00
5516 12 00
5516 13 00
5516 14 00
5516 21 00
5516 22 00
5516 23 10
5516 23 90
5516 24 00
5516 31 00
5516 32 00
5516 33 00
5516 34 00
5516 41 00
5516 42 00
5516 43 00
5516 44 00
5516 91 00
5516 92 00
5516 93 00
5516 94 00
5803 90 50
ex 5905 00 70 Woven fabrics of artificial staple fibres
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, 12 June 1991. | [
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COUNCIL DECISION
of 24 July 2008
on the signing and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters
(2009/97/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Council authorised the Commission on 30 November 2007 to open negotiations on an agreement regarding aviation security audits/inspections and related matters between the European Community and the International Civil Aviation Organisation (ICAO).
(2)
On behalf of the Community, the Commission has negotiated a Memorandum of Cooperation with ICAO regarding security audits/inspections and related matters in accordance with the directives set out in Annex I, and the ad hoc procedure set out in Annex II, of the Council Decision authorising the Commission to open negotiations.
(3)
Subject to its possible conclusion at a later date, the Memorandum should be signed and provisionally applied,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Memorandum.
The text of the Memorandum is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Memorandum on behalf of the Community subject to its conclusion.
Article 3
Subject to reciprocity, the Memorandum shall be applied on a provisional basis as from the signature thereof, pending the completion of the procedures for its formal conclusion.
Done at Brussels, 24 July 2008. | [
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COMMISSION DECISION
of 28 January 2005
amending Annexes I and II to Decision 2003/634/EC approving programmes for the purpose of obtaining the status of approved zones and of approved farms in non approved zones with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN) in fish
(notified under document number C(2005) 148)
(Text with EEA relevance)
(2005/67/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), and in particular Article 10(2) thereof,
Whereas:
(1)
Commission Decision 2003/634/EC (2) approves and lists programmes submitted by various Member States. The programmes are designed to enable the Member State subsequently to initiate the procedures for a zone, or a farm situated in a non-approved zone, to obtain the status of approved zone or of approved farm situated in a non approved zone, as regards one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN).
(2)
By letter dated 20 April 2004, Cyprus applied for approval of the programme to be applied in the entire territory of Cyprus. The application submitted has been found to comply with Article 10 of Directive 91/67/EEC and the programme should therefore be approved.
(3)
The programmes applicable to the Zona Val Brembana and to the farm Azienda Troticoltura S. Cristina in Italy have been finalised. Therefore, they should be deleted from Annexes I and II to Decision 2003/634/EC.
(4)
Decision 2003/634/EC should therefore be amended accordingly.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2003/634/EC is amended as follows:
1.
Annex I is replaced by Annex I to this Decision.
2.
Annex II is replaced by Annex II to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 January 2005. | [
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COMMISSION REGULATION (EC) No 3268/93 of 25 November 1993 concerning the stopping of fishing for hake by vessels flying the flag of Denmark
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (1), as amended by Regulation (EEC) No 3483/88 (2), and in particular Article 11 (3) thereof,
Whereas Council Regulation (EEC) No 3919/92 of 20 December 1992 fixing, for certain fish stocks and groups of stocks, the total allowable catches for 1993 and certain conditions under which they may be fished (3), as last amended by Regulation (EC) No 3177/93 (4), provides for hake quotas for 1993;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of hake in the waters of ICES divisions II a (EC zone) and IV (EC zone) by vessels flying the flag of Denmark or registered in Denmark have reached the quota allocated for 1993; whereas Denmark has prohibited fishing for this stock as from 8 November 1993; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of hake in the waters of ICES divisions II a (EC zone) and IV (EC zone) by vessels flying the flag of Denmark or registered in Denmark are deemed to have exhausted the quota allocated to Denmark for 1993.
Fishing for hake in the waters of ICES divisions II a (EC zone) and IV (EC zone) by vessels flying the flag of Denmark is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 8 November 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 1993. | [
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COMMISSION REGULATION (EC) No 588/2009
of 8 July 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 9 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 July 2009. | [
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Commission Decision
of 7 November 2001
amending Decision 98/371/EC concerning the animal health conditions and veterinary certifications for imports of fresh meat from certain European countries in regard to Lithuania
(notified under document number C(2001) 3389)
(2001/774/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from third countries(1), as last amended by Regulation (EC) No 1452/2001(2), and in particular Articles 14 and 22 thereof.
Whereas:
(1) The animal health conditions and veterinary certification for the importation of fresh meat from certain European countries were established by Commission Decision 98/371/EC(3), as last amended by Decision 2000/19/EC(4).
(2) Imports of fresh meat must take into account the different epidemiological situations in the country concerned.
(3) Following a recent Commission veterinary mission to Lithuania, it appears that the animal health situation is satisfactory in the whole country and that a residue plan has been agreed.
(4) The competent veterinary authorities of Lithuania have confirmed that it has been free from rinderpest, and foot-and-mouth disease for at least 12 months. Furthermore they have undertaken to notify the Commission and the Member States within 24 hours, by fax, telex or telegram of the confirmation of the occurrence of any of those diseases or of any alteration in the vaccination policy against them.
(5) It is therefore appropriate to authorise the imports of fresh meat of bovine, ovine and caprine species from Lithuania.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Annex II of Decision 98/371/EC is replaced by Annex of the present Decision.
Article 2
This Decision shall come into effect 7 days after its publication in the Official Journal of the European Communities.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 7 November 2001. | [
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Commission Decision
of 5 December 2003
amending Decision 92/452/EEC as regards embryo collection teams in the United States of America
(notified under document number C(2003) 4524)
(Text with EEA relevance)
(2003/843/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(1), and in particular Article 8 thereof,
Whereas:
(1) Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community(2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.
(2) The United States of America has requested that amendments be made to the list as regards entries for that country.
(3) The United States of America has provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the teams concerned have been officially approved for exports to the Community by the veterinary services of that country.
(4) Decision 92/452/EEC should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 92/452/EEC is amended in accordance with the Annex to this Decision.
Article 2
This Decision shall apply from 9 December 2003.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 5 December 2003. | [
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COMMISSION DECISION of 13 November 1991 amending Decision 90/90/EEC concerning the importation by Member States of live pigs, fresh pigmeat and pigmeat products from Austria and amending Decision 91/190/EEC concerning the animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Austria (92/40/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Directive 91/497/EEC (2), and in particular Article 28 thereof,
Whereas imports from Austria into the Member States of live pigs, fresh pigmeat and certain pigmeat products are suspended in accordance with Commission Decision 90/90/EEC (3);
Whereas the abovementioned imports from Vorarlberg, Tyrol, Salzburg and Upper Austria are no longer suspended in accordance with Commission Decision 91/53/EEC (4);
Whereas recent information indicates that no outbreak of classical swine fever has occured in the Laender Karnten and Burgenland during the last 12 months; whereas such imports from these regions should therefore be re-authorized;
Whereas it is appropriate to amend the animal health certificates to take account of the existing situation in these different regions;
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
Article 1 (2) of Decision 90/90/EEC is hereby replaced by the following text:
'2. The suspension of imports referred to in paragraph 1 shall not apply to the Laender Vorarlberg, Tyrol, Salzburg, Upper Austria, Karnten and Burgenland.'
Article 2
The animal health certificates referred to in Annexes C and D to Commission Decision 91/190/EEC (5) should be amended as follows:
1. After 'Exporting country: Austria' add '(Vorarlberg, Tyrol, Salzburg, Upper Austria, Karnten and Burgenland)';
2. In lines 1 and 2 of Section III, after 'Austria', add '(Vorarlberg, Tyrol, Salzburg, Upper Austria, Karnten and Burgenland)'.
Article 3
This Decision is addressed to the Member States. Done at Brussels, 13 November 1991. | [
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COMMISSION DECISION of 11 June 1991 requiring France to suspend the implementation of the aid described below in favour of the Pari Mutuel Urbain (PMU), introduced in breach of Article 93 (3) of the EEC Treaty (Only the French text is authentic) (92/35/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 93 (2) and (3) thereof,
Whereas:
(1) By letter dated 27 July 1989, the Commission requested the French authorities to comment on alleged State aids granted in favour of the Pari Mutuel Urbain (PMU) and to provide all relevant information to enable the Commission to assess the measures pursuant to Articles 92 and 93 of the EEC Treaty and reminded the French authorities of their obligation pursuant to Article 93 (3) of the EEC Treaty to inform the Commission in sufficient time to enable it to submit its comments, of any plans to grant or alter aid.
(2) By letter dated 23 August 1989, the French authorities requested the Commission to extend the deadline for response by one month to which the Commission agreed by telex of 29 August 1989.
(3) The French authorities replied by letter dated 11 October 1989 and a meeting to discuss the measures took place between the Commission and the French authorities on 6 November 1990.
(4) By letter dated 11 January 1991, the Commission informed the French authorities that it had decided to initiate the Article 92 (3) procedure in respect of seven aid measures granted in favour of the PMU. The Commission requested the French Government to comment on the measures within a period of two months, and also requested all necessary information to enable the Commission to calculate the precise amount of these aids and the periods during which they had been provided.
(5) The French authorities replied by letter dated 12 April 1991. The reply did not contain all the necessary information to establish the precise amount of aid and the period during which it was being granted, as well as sufficient information to enable the Commission to access the compatibility of the measures with the internal market.
(6) On the basis of the information currently at its disposal, the Commission understands that three of the seven aid measures were only granted in the past but that the other four have an ongoing character. Of these four, the exemption from corporation tax has no financial effect at the present time because of the deficit nature of the financial position of the PMU and its members.
(7) The Commission understands the three remaining ongoing aid measures to be as follows:
Treasury facilities
The financial resources of the PMU have been swelled to the detriment of the State by allowing it to defer on a temporary basis the payment to the State of certain charges which are levied on horse-race betting. This enables the PMU to earn considerable amounts of interest during the additional period that these monies transit in the treasury resources of the PMU. The treasury facilities date from 1980 and an extension of the period of deferment was granted in 1982.
Exemption from the one-month delay rule for VAT payment
This exemption allows the PMU to deduct immediately the VAT it has paid to suppliers compared to the normal situation under which deduction can only be made one month later. It thus enables the PMU to earn extra interest at the expense of the State.
Exemption from the social housing levy
The PMU is an economic interest grouping composed of 10 members, all of which are racecourse undertakings. Racecourse undertakings are assimilated to professional agricultural bodies which are exempted from the payment by the employer of a charge on the employee payroll in respect of the social housing levy. As such the PMU is exempted from the payment of the social housing levy on its payroll, although it is not engaged in an agricultural activity.
(8) The Community market for horserace betting and related services
The provision of trade statistics for service activities is generally difficult. For the service activity concerned by this case, namely horserace betting and related services, it is particularly difficult. Nevertheless the information provided below is sufficient in the Commission's opinion to demonstrate that there is trade and competition in horserace betting and related services, that the PMU and a limited number of competitors take part in this trade, that trade is increasing and that bookkeeping or tote betting cannot be considered as separate, unrelated markets whose development and functioning is independent each of the other. By these means the Commission considers that, notwithstanding the difficulty of obtaining precise trade statistics, the circumstances necessary to motivate its decision as laid down by the Court in its ruling in joined cases 296/82 and 318/82 (Leeuwarder) (1), have been satisfied.
Market composition, competition and trade
Horserace betting is allowed and operated in all Member States except Luxembourg. Even in Luxembourg permission was granted to a bookmaking multinational to open an 'agence hippique', although the venture did not subsequently materialize.
Betting can take two forms: bookmaking, where bets are placed against the bookmaker who thus can incur a financial risk dependent upon the precise bets placed and horserace result, or under a tote or totalizator arrangement, where bets are pooled and winnings paid out as a given percentage of the betting monies received with no financial risk to the operator of the betting system. A skilled bookmaker by adjusting the odds he provides on bets can much reduce and even eliminate totally his inherent financial risk.
The tote is the more common form of betting and is allowed and operated in the eleven Member States mentioned. Bookmaking is additionally allowed and operated in Belgium, Germany, Ireland, Italy and the United Kingdom.
The total estimated size of horserace betting in 1989 was ECU 14 570 million. The two largest national markets are the United Kingdom and France with totals of ECU 8 042 million and ECU 4 456 million respectively. The third largest national market is Germany (ECU 516 million) followed by Italy (ECU 444 million), Ireland (ECU 407 million) and Belgium (ECU 381 million). In the United Kingdom bookmaking is the dominant form representing over 96 % of all betting. In France only the tote form is allowed, so that by definition tote betting represents 100 % of all betting.
Ladbroke
In the United Kingdom the major market players are Ladbroke, Brent-Walker and Corals with market shares of approximately 25, 20 and 12 % respectively. All are organized as corporate bodies paying the normal company taxes in addition to the special separate taxes on betting which is a common feature in the Member States. In terms of trade, Ladbroke is the most active. It has offices in Ireland, Belgium, Germany, Italy, Spain and the Netherlands.
In Ireland Ladbroke has 50 betting shops and in Belgium it has over 900 outlets and is the market leader with an estimated market share of over 41 %. In second place is the PMU belge with a market share of approximately 16 %, an organization separate from the PMU (France), but operating on the same principle of tote betting. In third place is Tiercé franco-belge which is owned by Corals, with a 13 % market share. It is clear that both Ladbroke and Corals trade in the Belgian market.
In the Netherlands, Ladbroke currently operates the State monopoly on tote betting which was awarded after adjudication to Ladbroke by the Dutch authorities in 1986. At the end of 1990, Ladbroke sought to renegotiate the contract with the competent Dutch authorities, the NDR. During the course of these negotiations a number of Ladbroke units were visited by representatives of the NDR accompanied by representatives of the PMU. On 28 March 1991 Ladbroke gave six months notice of its intention to terminate the contract. Subsequently both Ladbroke and the PMU as well as certain other companies were asked to make proposals for the provision of a computer/totalizator system. On 25 May 1991 the competent Dutch authorities (NDR) published a press statement that they would purchase an American totalizator system. It is clear that Ladbroke is currently trading in the Dutch market and that the PMU and Ladbroke have been in competition in that market.
PMU
In France, the PMU holds an effective monopoly established by law for all off-course horserace betting. Off-course betting represents about 85 % of the French market with the remaining 15 % represented by on-course betting, mainly organized by the PMU but also by individual racecourse undertakings taking bets, at races on their own courses.
Although it is only in recent years that the PMU has actively sought to increase its role and trade in markets for betting and related services outside France, under the Law of 23 December 1964 the PMU was already the sole body authorized in France for the taking of bets from abroad on French races and the placing of French bets on foreign races.
The PMU, either directly or indirectly through commercial companies such as the Pari Mutuel International (PMI) in which the PMU has a majority holding of 77,5 % of the share capital, is actively engaged in exporting betting and related services in competitive, commercial markets in other Member States and outside the Community. Indeed, this objective is clearly stated in Article 3 of the PMI's Articles of Association.
During the 1980s, within the protected domestic market, the PMU has developed, with assistance provided by the State, a sophisticated computer system and terminals for the taking of on- and off-course bets.
At the same time it has developed the necessary skills and expertise for the television recording of French horseraces and the live transmission to betting shops and other outlets by means of satellite links and terminal equipment. Background information on horses' form and previous race results are mixed into the pictures. This is essential information in order to remain competitive for the custom of the modern punter. Ladbroke in conjunction with the other major bookmaking firms in the United Kingdom have developed similar systems for transmitting pictures and commentary of UK races.
The PMU is involved in the Belgian market in different ways.
Through its subsidiary, the PMI, the PMU established a subsidiary in Belgium on 26 May 1989 called the Pari Mutuel Belge, abbreviated to PMB. The PMB includes under its objective the organization and operation in Belgium of all forms of bets authorized by law. The PMB is constituted by a share capital which is 99,98 % owned by the PMI.
It is involved in a proposal organized by a joint venture called the Groupement Hippodromes Wallons to build two new racecourses in the Wallon region of Belgium. The PMU is to provide the necessary technology and technical expertise for the taking of off-course bets, on both Belgian and French races. In connection with the provision of these services the PMU will transmit to Belgium its pictures and commentaries on French racing. According to the proposal this will involve an investment by the PMU of several hundred million Belgian francs.
As from 20 March 1991 the PMU outlets in Paris and the north-east of France can and have taken bets on Belgian races on the first and third Wednesdays of each month. An agreement introducing this arrangement was signed between the two organizations on 25 May 1990 and its implementation was made legally possible in France by Decree 91-118 of 31 January 1991.
Under the arrangements, the monies placed by punters in France are combined with the monies from Belgian punters to form a single pool of bets for the purposes of the totalizator. Winnings are paid out to punters after a retention charge by both PMU and the PMU belge. For the first three meetings the volume of the French bets exceeds those placed in Belgium, with the French bets representing an average of between 54 and 60 % of the total volume of bets placed. Based on the first three meetings, the average volume of bets placed by French punters amounts to some FF 2,3 million per meeting, equivalent to approximately BF 14 million. This corresponds to an annual turnover of BF 336 million.
Whilst the figure is small compared to the total turnover for betting in Belgium of ECU 381 million, i.e. it represents around only 2 %, it is based on an extrapolation of only the first three meetings. It is quite possible that as the French public become more aware of the attractions of betting on Belgian races and as the PMU extends the operation to other parts of France, these figures will increase.
More important than demonstrating the existence of interstate trade by the PMU is the fact that this is an example of the type of cooperation agreements that the PMU wishes to establish with similar organizations in Community Member States. More particularly, the PMU wishes to establish the facility to take bets in Member States outside France on horseraces held in France.
This will place the PMU in direct competition with Ladbroke. For example, 95 % of Ladbroke Belgium's turnover represents the taking of bets on the results of horseraces held in France. Similarly in Germany about 40 % of the bets placed relate to the results of French horseraces. The PMU wishes to capture a part of these markets and use the proceeds to support French horseracing activity.
Another example of the PMU's competition with Ladbroke can be found in the complaint that it lodged before the Belgian courts concerning the taking of bets on French races in Belgium. In that complaint, the PMU said that it was losing business to Ladbroke from punters, both in Belgium as well as in France living in the border region, who placed bets by telephone. No figures are available to the Commission to indicate the volume of telephone bets. The Commission understands that the volume of telephone bets. The Commission understands that the volume of of telephone bets, combined with the use of credit cards, which can be placed either in the same country as the caller or on a cross-border basis, is generally increasing. Certainly the trade exists, through apparently it only represents a small part of overall activity.
Another example of 'tele-betting' is the Minitel service. Under this service a punter can receive information for horserace betting through a normal television set that might be placed in his own home. A bet can be placed either through the television or by telephone. In France Minitel betting is relatively common. The Minitel service provided by the PMU in France is now being advertised and sold into Belgium. The objective must be to encourage Belgian punters to place bets on French races with the PMU rather than with other operators in the Belgian market. This brings the PMU into competition with other operators in the Belgian market and clearly, trade is again involved.
A last example of the competition between the PMU and Ladbroke in Belgium and of the exports of the PMU into Belgium is the complaint by Ladbroke on the refusal of the PMU to provide Ladbroke with television pictures and commentary on French racing for use in connection with off-course betting. The PMU has stated its intention to supply pictures and commentary within the context of its joint venture with the Groupement Hippodromes Wallons. The Commission is investigating this complaint.
In Germany, through the PMI and its German agent, Deutscher Sportverlag, the PMU sells live television pictures and commentary on French races to German bookmakers. Based on the price list for the services charged and the number of subscribers, the Commission estimates that the PMU is realizing a turnover of approximately ECU 1 million in Germany.
There is also a complaint currently being examined by the Commission concerning the PMU's refusal to sell such coverage to the Ladbroke office in Germany. Within this complaint the Commission has become aware of the Hellmund judgment of the District Court of Saarbruecken. This case concerned the refusal of the PMU and the Deutscher Sportverlag to sell live television coverage of French races and to sell the necessary decoding equipment to receive the television pictures and sound. The German court considered that the television coverage was indispensable for the conduct of the bookmaker's business and ordered the PMU and the Deutscher Sportverlag to sell the television pictures and sound to the German bookmaker.
The Commission attaches particular importance to the judgment by the District Court of Saarbruecken, since it not only made clear the existence of the PMU's trading activities in Germany, but also the vital importance of live TV pictures and commentary to a bookmaker's business.
In Switzerland with effect from 14 April 1991 the PMU is operating 50 outlets for the taking of bets on French horseracing. The contract to provide this service was obtained by the French PMU initially in direct competition with Ladbroke. Notwithstanding the fact that Switzerland is not a member of the Community, in the light of the Court's ruling in the Tubemeuse case (Case 142/87) (2), the Commission considers this relevant information, since the PMU's operations in Switzerland can strengthen its position in intra-Community markets and trade. It also demonstrates the general competition between the two companies for the provision of betting and related services and is another example of the export activities of the PMU.
The export activities and aims of the PMU are no secret. They have been confirmed by the French authorities, and the President of the PMU at a public press conference on 30 January 1991 made clear the policy objectives of the PMU to export its technical expertise in the area of the computerized collection and processing of off-course betting and thus to participate in international competition.
The conclusion that the Commission must draw from this lengthy list of observations is that the PMU participates either directly or indirectly in intra-Community trade, that the PMU is pursuing an active policy of export expansion and that it is one of the major market players. The information also shows that there is trade and competition in the provision of betting services in the Community, that competition in the international market is intensifying as the main market participants seek to consolidate or expand their market shares and as the barriers between national markets fall away as a result of advances in modern telecommunications and the processing power of computers.
The Commission also notes the privileged position of the PMU in this competition in that it has effectively a legally-protected monopoly in the second largest national market in the Community.
(9) The Commission notes that the test established by the Court in the Philip Morris case (Case 730/79) (3) for establishing a distortion of competition and an effect on intra-Community trade is stated as follows:
'When state financial aid strengthens the posiiton of an undertaking compared with the other undertakings competing in intra-Community trade, the latter must be regarded as affected by that aid'.
The foregoing paragraphs have demonstrated the award of state aid and the existence of other undertakings competing in intra-Community trade. The Commission must therefore consider that the conditions for the application of Article 92 (1) are fulfilled.
If this is the case then the conditions for prior notification under Article 93 (3) must also certainly be applicable, because the scope of application of Article 93 (3) must be greater than that of Artice 92 (1). If this were not so, the Commission's capacity to assess the compatibility of aids would be much diminished and impaires. The Court has always upheld this approach.
In consequence the aids were introduced in breach of Article 93 (3), in that they were not notified in advance to the Commission at the planning stage and must therefore be deemed to be unlawful.
(10) In view of the above, and as the Court has acknowledge in its judgment of 14 February 1990 in Case C 301/87 (Boussac) (4), where an infringement of Article 93 (3) has been committed, the Commission is entitled to take a provisional decision requiring France to suspend immediately the payment of aid to firms and to provide all the documents, information and particulars necessary for examining the compatibility of the aids with the common market.
Furthermore, pursuant to existing case-law, should France fail to comply with this Decision by not suspending the implementation of the scheme and the payment of the aid, the Commission could, while pursuing its examination of the substance of the case, refer the matter to the Court of Justice direct in order to have such infringement established, in accordance with the second subparagraph of Article 93 (2).
(11) Given the direct effect of Article 93 (3) (2) and the clear and unconditional requirement that payment of the aid be suspended immediately, this Decision must apply in full in the French legal system. The Commission would point out in this respect that, as made clear in the case law of the Court of Justice, not only national courts but also national administrative authorities, including local or regional authorities, have to apply Community law rather than national law where there is a conflict between the two (1).
(12) The Commission has also already initiated the procedure provided for in Article 93 (2) in respect of the aid since it takes the view that, on the basis of the information available to it, the aid is not compatible with the common market pursuant to
Article 92
(1) and cannot at this stage qualify for the exemptions provided for in Article 92 (2) and (3).
The Commission would point out that, should a negative final decision be taken subsequently on the aid, the Commission may require any unlawful aid that has been paid in breach of the procedural rules provided for in Article 93 (3) to be repaid (2). The abolition of the aid would involve repayment, in accordance with the procedures and provisions of French law, in particular those relating to interest on arrears on debts due to the State, with interest starting to run on the date on which the unlawful aid was granted. This measure is necessary in order to restore the status quo (3) by removing the financial benefits which the firms receiving the unlawful aid have improperly enjoyed since the date on which the aid was paid.
(13) By letter dated 24 April 1991, the Commission requested France to confirm that the three ongoing aid measures had been suspended in accordance with the obligation imposed pursuant to Article 93 (2) of the EEC Treaty and to confirm their position within five working days. By fax dated 30 April 1991, the French authorities informed the Commission that they had not suspended the grant of the aid,
HAS ADOPTED THIS DECISION:
Article 1
France shall suspend forthwith the payment of the following aid:
- treasury facilities enabling the PMU to defer on a temporary basis the payment of taxes levied on the horseracing bets administered by the PMU,
- exemption from the one-month delay rule for VAT payment,
- exemption from the payment of the social housing levy in respect of the PMU's employees,
introduced in breach of Article 93 (3), and shall communicate to the Commission, within 15 days, the measures which it has taken to comply with this Decision.
Article 2
France shall, within 30 days of notification of this Decision, provide all appropriate information allowing substantive assessment of the aid referred to in Article 1.
Article 3
This Decision is addressed to the French Republic. Done at Brussels, 11 June 1991. | [
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Commission Regulation (EC) No 936/2001
of 11 May 2001
fixing the minimum selling prices for butter and the maximum aid for cream, butter and concentrated butter for the 75th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 1670/2000(2), and in particular Article 10 thereof,
Whereas:
(1) The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs(3), as last amended by Regulation (EC) No 635/2000(4), to sell by invitation to tender certain quantities of butter that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.
(2) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The minimum selling prices and the maximum aid and processing securities applying for the 75th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.
No award shall be made as regards the sale of butter from intervention stocks.
Article 2
This Regulation shall enter into force on 12 May 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 May 2001. | [
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COMMISSION REGULATION (EC) No 1139/2007
of 1 October 2007
concerning the authorisation of L-arginine 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)
An application for authorisation has been submitted for L-arginine as an aminoacid.
(3)
As the application for authorisation was submitted before the date of application of Regulation (EC) No 1831/2003, it was submitted under Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (2). As from 18 October 2004, aminoacids, their salts and analogues fall under the scope of Regulation (EC) No 1831/2003. The application is therefore to be considered as an application under Article 7 of Regulation (EC) No 1831/2003.
(4)
In order to comply with the requirements laid down in Article 7 of Regulation (EC) No 1831/2003, additional information was submitted in support of the application.
(5)
The application concerns authorisation of L-arginine as a feed additive for all animal species, to be classified in the additive category ‘nutritional additives’ and the functional group ‘aminoacids, their salts and analogues’.
(6)
The European Food Safety Authority (the Authority) concluded in its opinions of 17 April 2007 (3) that L-arginine does not have an adverse effect on animal health, human health or the environment. It further concluded that L-arginine does not present any other risk which would, in accordance with Article 5(2) of Regulation (EC) No 1831/2003, exclude authorisation. It does not consider that there is a need for specific requirements of post market monitoring. The report on the method of analysis of the feed additive in feed was submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003 to the Authority. 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 ‘nutritional additives’ and to the functional group ‘aminoacids, their salts and analogues’, 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 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 92/2006
of 19 January 2006
fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 20 January 2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.
(2)
For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.
(3)
Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.
(4)
Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(5)
The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 20 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 January 2006. | [
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COUNCIL DECISION of 21 February 1994 laying down the minimum requirements as regards structure and equipment to be met by certain small establishments ensuring the distribution of fishery products in Greece (94/117/EC)
THE COUNCIL OF THE EUROPEAN UNION,
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), and in particular Article 14 thereof,
Having regard to the proposal from the Commission,
Whereas some islands and certain coastal regions in Greece may, by reason of their isolation or remoteness, be subject to specific constraints as far as their supply is concerned;
Whereas, on these islands and in these regions, there are small smoking and salting establishments for fishery products which play a vital role in supplying the local market of the place in which they are situated;
Whereas it is necessary, in order to prevent these small establishments from disappearing, that less stringent minimum structural and equipment requirements be applied to them than those laid down in Directive 91/493/EEC, until those specific constraints disappear from those islands and regions of Greece;
Whereas, in order to avoid distortions of competition within the Community, to these minimum requirements must be added limits as regards the establishments' production volume and the marketing area of the products in question;
Whereas the fishery products processed by these small establishments are to be reserved for the supply of the local market and are not to bear the identification mark referred to in Article 3 (1) (f) of Directive 91/493/EEC,
HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to certain establishments exclusively carrying out smoking and salting operations on fishery products on islands or in certain coastal regions in Greece which are subject to particular supply constraints.
Article 2
The establishments referred to in Article 1 shall meet the minimum requirements with regard to structure and equipment set out in the Annex.
Article 3
The Greek competent authority shall ensure that the minimum requirements set out in the Annex shall apply to the establishments referred to in Article 1, provided the following conditions are met:
- the annual production of the establishment's salted or smoked products does not exceed 36 tonnes,
- the marketing area of the products in question is either limited to the territory of the island on which the establishment is situated or is within a radius of 50 kilometres of the establishment,
- the products do not bear the identification mark referred to in Article 3 (1) (f) of Directive 91/493/EEC, but do bear a national mark which allows the monitoring of the distribution by the competent authority.
Article 4
This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1993.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 21 February 1994. | [
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COUNCIL DECISION
of 21 December 1999
on the provisional application of the Agreement in the form of an Exchange of Letters amending the Agreements between the European Community and the People's Republic of China on trade in textile products
(1999/876/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first sentence thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) the Commission has negotiated on behalf of the Community an Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China amending the Agreement between the European Community and the People's Republic of China on trade in textile products, as last amended by the Agreement in the form of an Exchange of Letters initialled on 20 November 1998 and amending the Agreement between the European Community and the People's Republic of China initialled on 19 January 1995 on trade in textile products not covered by the MFA bilateral Agreement on trade in textile products;
(2) the Agreement in the form of an Exchange of Letters should be applied on a provisional basis from 1 January 2000 pending the completion of the procedures necessary for its conclusion, subject to reciprocal provisional application of the Agreement by the People's Republic of China,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Community and the People's Republic of China initialled in Beijing on 6 December 1999 amending the Agreement between the European Economic Community and the People's Republic of China on trade in textile products as last amended by an Agreement initialled on 20 November 1999 and amending the Agreement between the European Community and the People's Republic of China initialled on 19 January 1995 on trade in textile products not covered by the MFA bilateral Agreement shall be applied on a provisional basis from 1 January 2000 pending its formal conclusion and subject to reciprocal provisional application of the Agreement in the form of an Exchange of Letters by the People's Republic of China.
The text of the Agreement in the Form of an Exchange of Letters is attached to this Decision.
Article 2
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels, 21 December 1999. | [
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*****
COUNCIL DIRECTIVE
of 10 June 1985
on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services
(85/384/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 and 66 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, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period; whereas the resulting principle of non-discriminatory treatment as regards nationality applies inter alia to the grant of any authorization required to take up activities in the field of architecture and also to the registration with or membership of professional organizations or bodies;
Whereas it nevertheless seems desirable that certain provisions be introduced to facilitate the effective exercise of the right of establishment and freedom to provide services in respect of activities in the field of architecture;
Whereas, pursuant to the Treaty, Member States are required not to grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that directives be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications;
Whereas architecture, the quality of buildings, the way they blend in with their surroundings, respect for the natural and urban environment and the collective and individual cultural heritage are matters of public concern; whereas, therefore, the mutual recognition of diplomas, certificates and other evidence of formal qualifications must be founded on qualitative and quantitative criteria ensuring that the holders of recognized diplomas, certificates and other evidence of formal qualifications are able to understand and give practical expression to the needs of individuals, social groups and communities as regards spatial planning, the design, organization and construction of buildings, the conservation and enhancement of the architectural heritage and preservation of the natural balance;
Whereas methods of education and training for those practising professionally in the field of architecture are at present very varied; whereas, however, provision should be made for progressive alignment of education and training leading to the pursuit of activities under the professional title of architect;
Whereas, in some Member States, the taking up and pursuit of the activities of architect are by law conditional upon the possession of a diploma in architecture; where, in certain other Member States where this condition does not exist, the right to hold the professional title of architect is none the less governed by law; whereas, finally, in some Member States where neither the former nor the latter is the case, laws and regulations are being prepared on the taking up and pursuit of these activities under the professional title of architect; whereas, therefore, the conditions under which such activities may be taken up and pursued in those Member States have not yet been laid down; whereas the mutual recognition of diplomas, certificates and other evidence of formal qualifications presupposes that such diplomas, certificates and other evidence of formal qualifications authorize the taking up and pursuit of certain activities in the Member State of issue; whereas, therefore, the recognition of certain certificates under this Directive should continue to apply only in so far as the holders of such certificates will be authorized, in accordance with legal provisions still to be adopted in the Member State of issue, to take up activities under the professional title of architect;
Whereas acquisition of the lawful professional title of architect is subject in some Member States to completion of a period of practical experience in addition to the possession of a diploma, certificate or other evidence of formal qualifications; whereas, since practice in this respect of present varies from one Member State to another, to obviate possible difficulties completion of an equal period of appropriate practical experience in another Member State should be recognized as meeting this condition;
Whereas the reference in Article 1 (2) to 'activities in the field of architecture' as being 'those activities usually pursued under the professional title of architect', the justification for which lies in the conditions prevailing in certain Member States, is intended solely to indicate the scope of this Directive, without claiming to give a legal definition of activities in the field of architecture;
Whereas, in most Member States, activities in the field of architecture are pursued, in law or in fact, by persons who hold the title of architect, whether alone or together with another title, without those persons having a monopoly in pursuing those activities save where there are laws to the contrary; whereas the aforementioned activities, or some of them, may also be pursued by members of other professions, in particular by engineers who have received special training in construction engineering or building;
Whereas the mutual recognition of qualifications will facilitate the taking up and pursuit of the activities in question;
Whereas in some Member States there is legislation allowing the lawful professional title of architect, by way of exception and notwithstanding the usual educational and training requirements for access to the title, to be granted to certain distinguished persons in the field, who are very few in number and whose work shows exceptional architectural talent; whereas the case of these architects should be covered in this Directive, particularly since they frequently enjoy an international reputation;
Whereas the recognition of a number of the existing diplomas, certificates and other evidence of formal qualifications in architecture listed in Articles 10 to 12 is intended to enable the holders thereof to establish themselves or provide services in other Member States with immediate effect; whereas the sudden introduction of this provision in the Grand Duchy of Luxembourg could, in view of the country's small size, lead to distortion of competition and disturb the organization of the profession; whereas, as a result, there appears to be justification for allowing this Member State an additiional period of adjustment;
Whereas, since a Directive on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture does not necessarily imply practical equivalence in the education and training covered by such diplomas, certificates and evidence, the use of titles should be authorized only in the language of the Member State of origin or of the Member State from which a foreign national comes;
Whereas, to facilitate the application of this Directive by the national authorities, Member States may prescribe that, in addition to evidence of qualifications, persons who satisfy the educational and training requirements of this Directive must provide a certificate from the competent authorities of their Member State of origin or of the country from which they come stating that these qualifications are those referred to by the Directive;
Whereas the national provisions with regard to good repute and good character may be applied as standards for the taking up of activities if establishment takes place; whereas, moreover, in the circumstances a distinction should be drawn between cases in which the persons concerned have never yet exercised any activities in the field of architecture and those in which they have already exercised such activities in another Member State;
Whereas, in the case of the provision of services, the requirement of registration with, or membership of, professional organizations or bodies would, since it is related to the fixed and permanent nature of the activity pursued in the host Member State, undoubtedly constitute an obstacle to the provider of services by reason of the temporary nature of his activity; whereas this requirement should therefore be abolished; whereas, however, in this event control over professional discipline, which is the responsibility of these professional organizations or bodies, should be guaranteed; whereas, to this end, it should be provided, subject to the application of Article 62 of the Treaty, that the person concerned may be required to notify the provision of services to the competent authority of the host Member State;
Whereas, as far as the activities of employed persons in the field of architecture are concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1) lays down no specific provisions relating to good character or good repute, professional discipline or use of title for the professions covered; whereas, depending on the individual Member State, such rules are or may be applicable both to employed and to self-employed persons; whereas activities in the field of architecture are subject in several Member States to possession of a diploma, certificate or other evidence of formal qualifications; whereas such activities are pursued by both employed and self-employed persons, or by the same persons in both capacities in the course of their professional career; whereas, in order to encourage fully the free movement of members of the profession within the Community, it therefore appears necessary to extend this Directive to employed persons in the field of architecture;
Whereas this Directive introduces mutual recognition of diplomas, certificates and other evidence of formal qualifications giving access to professional activities, without concomitant coordination of national provisions relating to education and training; whereas, moreover, the number of members of the profession who are concerned varies considerably from one Member State to another; whereas the first few years of application of this Directive must therefore be followed particularly attentively by the Commission,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
1. This Directive shall apply to activities in the field of architecture.
2. For the purposes of this Directive, activities in the field of architecture shall be those activities usually pursued under the professional title of architect.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS ENABLING THE HOLDER TO TAKE UP ACTIVITIES IN THE FIELD OF ARCHITECTURE UNDER THE PROFESSIONAL TITLE OF ARCHITECT
Article 2
Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications acquired as a result of education and training fulfilling the requirements of Articles 3 and 4 and awarded to nationals of Member States by other Member States, by giving such diplomas, certificates and other evidence of formal qualifications, as regards the right to take up activities referred to in Article 1 and pursue them under the professional title of architect pursuant to Article 23 (1), the same effect in its territory as those awarded by the Member State itself.
Article 3
Education and training leading to diplomas, certificates and other evidence of formal qualifications referred to in Article 2 shall be provided through courses of studies at university level concerned principally with architecture. Such studies shall be balanced between the theoretical and practical aspects of architectural training and shall ensure the acquisition of:
1. an ability to create architectural designs that satisfy both aesthetic and technical requirements,
2. an adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences,
3. a knowledge of the fine arts as an influence on the quality of architectural design,
4. an adequate knowledge of urban design, planning and the skills involved in the planning process,
5. an understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale,
6. an understanding of the profession of architecture and the role of the architect in society, in particular in preparing briefs that take account of social factors,
7. an understanding of the methods of investigation and preparation of the brief for a design project,
8. an understanding of the structural design, constructional and engineering problems associated with building design,
9. an adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate,
10. the necessary design skills to meet building users' requirements within the constraints imposed by cost factors and building regulations,
11. an adequate knowledge of the industries, organizations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning.
Article 4
1. The education and training referred to in Article 2 must satisfy the requirements defined in Article 3 and also the following conditions:
(a) the total length of education and training shall consist of a minimum of either four years of full-time studies at a university or comparable educational establishment, or at least six years of study at a university or comparable educational establishment of which at least three must be full time;
(b) such education and training shall be concluded by successful completion of an examination of degree standard.
Notwithstanding the first subparagraph, recognition under Article 2 shall also be accorded to the training given over three years in the 'Fachhochschulen' in the Federal Republic of Germany in the form in which it exists at the time of notification of this Directive and in so far as it satisfies the requirements laid down in Article 3, giving access to the activities referred to in Article 1 in that Member State with the professional title of architect, provided that such training is supplemented by a four-year period of professional experience in the Federal Republic of Germany sanctioned by a certificate issued by the professional body on whose list the architect wishing to benefit from the provisions of this Directive is registered. The body shall previously have established that the work carried out by the architect concerned in the field of architecture constitutes conclusive proof of the practical application of all the knowledge referred to in Article 3. The certificate shall be issued according to the same procedure as that which applies to registration on the list of architects.
On the basis of the experience gained and bearing in mind developments in architectural training, the Commission shall, eight years after the end of the period specified in the first subparagraph of Article 31 (1), submit a report to the Council on the application of this derogation and the appropriate proposals on which the Council shall decide in accordance with the procedures laid down by the Treaty within a period of six months.
2. Recognition under Article 2 shall also be accorded to education and training which, as part of a social betterment scheme or a part-time university course, conforms to the requirements of Article 3 and leads to an examination in architecture successfully completed by persons who have been employed in architecture for not less than seven years under the supervision of an architect or firm of architects. This examination must be of degree standard and be equivalent to the final examination referred to in paragraph 1 (b).
Article 5
1. Nationals of a Member State authorized to hold the professional title of architect pursuant to a law giving the competent authority of a Member State the possibility of conferring this title on nationals of Member States who have particularly distinguished themselves by their achievements in the field of architecture shall be considered as meeting the requirements laid down for the pursuit of architectural activities under the professional title of architect.
2. In the case of those persons referred to in paragraph 1, a certificate issued by the Member State of which the holder is a national, or from which he comes, shall constitute proof of the status of architect.
Article 6
Certificates issued by the competent authorities of the Federal Republic of Germany attesting the equivalence of qualifications awarded after 8 May 1945 by the competent authorities of the German Democratic Republic with the formal qualifications referred to in Article 2 shall be recognized under the conditions laid down in that Article. Article 7
1. Each Member State shall communicate as soon as possible, simultaneously to the other Member States and to the Commission, the list of diplomas, certificates and other evidence of formal qualifications which are awarded within its territory and which meet the criteria laid down in Articles 3 and 4, together with the establishments and authorities awarding them.
The first list shall be sent within 12 months of notification of this Directive.
Each Member State shall likewise communicate any amendments made as regards the diplomas, certificates and other evidence of formal qualifications which are awarded within its territory, in particular those which no longer meet the requirements of Articles 3 and 4.
2. For information purposes, the lists and the updating thereof shall be published by the Commission in the Official Journal of the European Communities after expiry of a three-month period following their communication. However, in the cases referred to in Article 8, the publication of a diploma, certificate or other evidence of formal qualifications shall be deferred. Consolidated lists shall be published periodically by the Commission.
Article 8
If a Member State or the Commission has doubts as to whether a diploma, certificate or other evidence of formal qualifications meets the criteria laid down in Articles 3 and 4, the Commission shall bring the matter before the Advisory Committee on Education and Training in the Field of Architecture within three months of communication pursuant to Article 7 (1). The Committee shall deliver its opinion within three months.
The diploma, certificate or other evidence of formal qualifications shall be published within the three months following delivery of the opinion or expiry of the deadline for delivery thereof except in the following two cases:
- where the awarding Member State amends the communication made pursuant to Article 7 (1)
or
- where a Member State or the Commission implements Articles 169 or 170 of the Treaty with a view to bringing the matter before the Court of Justice of the European Communities.
Article 9
1. The Advisory Committee may be consulted by a Member State or the Commission whenever a Member State or the Commission has doubts as to whether a diploma, certificate or other evidence of formal qualifications included on one of the lists published in the Official Journal of the European Communities still meets the requirements of Articles 3 and 4. The Committee shall deliver its opinion within three months.
2. The Commission shall withdraw a diploma from one of the lists published in the Official Journal of the European Communities either in agreement with the Member State concerned or following a ruling by the Court of Justice.
CHAPTER III
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS ENABLING THE HOLDER TO TAKE UP ACTIVITIES IN THE FIELD OF ARCHITECTURE BY VIRTUE OF ESTABLISHED RIGHTS OR EXISTING NATIONAL PROVISIONS
Article 10
Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications set out in Article 11, awarded by other Member States to nationals of the Member States, where such nationals already possess these qualifications at the time of notification of this Directive or their studies leading to such diplomas, certificates and other evidence of formal qualifications commences during the third academic year at the latest following such notification, even if those qualifications do not fulfil the minimum requirements laid down in Chapter II, by giving them as regards the taking up and pursuit of the activities referred to in Article 1 and subject to compliance with Article 23, the same effect within its territory as the diplomas, certificates and other evidence of formal qualifications which it awards in architecture.
Article 11
The diplomas, certificates and other evidence of formal qualifications referred to in Article 10 shall be as follows:
(a) in Germany
- the diplomas awarded by higher institutes of fine arts (Dipl.-Ing., Architekt (HfbK));
- the diplomas awarded by the departments of architecture (Architektur/Hochbau) of 'Technische Hochschulen', of technical universities, of universities and, in so far as these institutions have been merged into 'Gesamthochschulen', of 'Gesamthochschulen' (Dipl.-Ing. and any other title which may be laid down later for holders of these diplomas);
- the diplomas awarded by the departments of architecture (Architektur/Hochbau) of 'Fachhochschulen' and, in so far as these institutions have been merged into 'Gesamthochschulen', by the departments of architecture (Architektur/Hochbau) of 'Gesamthochschulen', accompanied, where the period of study is less than four years but at least three years, by a certificate attesting to a four-year period of professional experience in the Federal Republic of Germany issued by the professional body in accordance with the second subparagraph of Article 4 (1) (Ingenieur grad. and any other title which may be laid down later for holders of these diplomas); - the diplomas (Pruefungszeugnisse) awarded before 1 January 1973 by the departments of architecture of 'Ingenieurschulen' and of 'Werkkunstschulen', accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13;
(b) in Belgium
- the diplomas awarded by the higher national schools of architecture or the higher national institutes of architecture (architecte - architect);
- the diplomas awarded by the higher provincial school of architecture of Hasselt (architect);
- the diplomas awarded by the Royal Academies of Fine Arts (architecte - architect);
- the diplomas awarded by the 'écoles Saint-Luc' (architecte - architect);
- university diplomas in civil engineering, accompanied by a traineeship certificate awarded by the association of architects entitling the holder to hold the professional title of architect (architecte - architect);
- the diplomas in architecture awarded by the central or State examining board for architecture (architecte - architect);
- the civil engineering/architecture diplomas and architecture/engineering diplomas awarded by the faculties of applied sciences of the universities and by the Polytechnical Faculty of Mons (ingénieur-architecte, ingenieur-architect);
(c) in Denmark
- the diplomas awarded by the National Schools of Architecture in Copenhagen and AArhus (arkitekt);
- the certificate of registration issued by the Board of Architects pursuant to Law No 202 of 28 May 1975 (registreret arkitekt);
- diplomas awarded by the Higher Schools of Civil Engineering (bygningskonstruktoer), accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13;
(d) in France
- the Government architect's diploma awarded by the Ministry of Education until 1959, and subsequently by the Ministry of Cultural Affairs (architecte DPLG);
- the diplomas awarded by the 'Ecole spéciale d'architecture' (architecte DESA);
- the diplomas awarded since 1955 by the department of architecture of the 'Ecole nationale supérieure des Arts et Industries de Strasbourg' (formerly the 'Ecole nationale d'ingénieurs de Strasbourg') (architecte ENSAIS);
(e) in Greece
- the engineering/architecture diplomas awarded by the METSOVION POLYTECHNION of Athens, together with a certificate issued by Greece's Technical Chamber conferring the right to pursue activities in the field of architecture;
- the engineering/architecture diplomas awarded by the ARISTOTELION PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece's Technical Chamber conferring the right to pursue activities in the field of architecture;
- the engineering/civil engineering diplomas awarded by the METSOVION POLYTECHNION of Athens, together with a certificate issued by Greece's Technical Chamber conferring the right to pursue activities in the field of architecture;
- the engineering/civil engineering diplomas awarded by the ARISTOTELION PANEPISTIMION of Thessaloniki, together with a certificate issued by Greece's Technical Chamber conferring the right to pursue activities in the field of architecture;
- the engineering/civil engineering diplomas awarded by the PANEPISTIMION THRAKIS, together with a certificate issued by Greece's Technical Chamber conferring the right to pursue activities in the field of architecture;
- the engineering/civil engineering diplomas awarded by the PANEPISTIMION PATRON, together with a certificate issued by Greece's Technical Chamber conferring the right to pursue activities in the field of architecture;
(f) in Ireland
- the degree of Bachelor of Architecture awarded by the National University of Ireland (B Arch. (NUI)) to architecture graduates of University College, Dublin;
- the diploma of degree standard in architecture awarded by the College of Technology, Bolton Street, Dublin (Dipl. Arch.); - the Certificate of Associateship of the Royal Institute of Architects of Ireland (ARIAI);
- the Certificate of Membership of the Royal Institute of Architects of Ireland (MRIAI);
(g) in Italy
- 'laurea in architettura' diplomas awarded by universities, polytechnic institutes and the higher institutes of architecture of Venice and Reggio Calabria, accompanied by the diploma entitling the holder to pursue independently the profession of architect, awarded by the Minister for Education after the candidate has passed, before a competent board, the State examination entitling him to pursue independently the profession of architect (dott. Architetto);
- 'laurea in ingegneria' diplomas in building construction ('sezione costenzione civile') awarded by universities and polytechnic institutes, accompanied by the diploma entitling the holder to pursue independently a profession in the field of architecture, awarded by the Minister for Education after the candidate has passed, before a competent board, the State examination entitling him to pursue the profession independently (dott. Ing. Architetto or dott. Ing. in ingegneria civile);
(h) in the Netherlands
- the certificate stating that its holder has passed the degree examination in architecture awarded by the departments of architecture of the technical colleges of Delft or Eindhoven (bouwkundig ingenieur);
- the diplomas awarded by State-recognized architectural academies (architect);
- the diplomas awarded until 1971 by the former architectural colleges (Hoger Bouwkunstonderricht) (architect HBO);
- the diplomas awarded until 1970 by the former architectural colleges (Voortgezet Bouwkunstonderricht) (architect VBO);
- the certificate stating that the person concerned has passed an examination organized by the Architects Council of the 'Bond van Nederlandse Architecten' (Order of Dutch Architects, BNA) (architect);
- the diploma of the 'Stichting Instituut voor Architectuur' ('Institute of Architecture' Foundation) (IVA) awarded on completion of a course organized by this foundation and extending over a minimum period of four years (architect), accompanied by a certificate from the competent authorities to the effect that the person concerned has passed a test of his formal qualifications in accordance with Article 13;
- a certificate issued by the competent authorities to the effect that, before the date of entry into force of this Directive, the person concerned passed the degree examination of 'Kandidaat in de bouwkunde' organized by the technical colleges of Delft or Eindhoven and that, over a period of at least five years immediately prior to that date, he pursued architectural activities the nature and importance of which, in accordance with Netherlands requirements, guarantee that he is competent to pursue those activities (architect);
- a certificate issued by the competent authorities only to persons who have reached the age of 40 years before the date of entry into force of this Directive, certifying that, over a period of at least five years immediately prior to that date, the person concerned had pursued architectural activities the nature and importance of which, in accordance with Netherlands requirements, guarantee that he is competent to pursue those activities (architect);
the certificates referred to in the seventh and eighth indents need no longer be recognized as from the date of entry into force of laws and regulations in the Netherlands governing the taking up and pursuit of architectural activities under the professional title of architect, in so far as under such provisions those certificates do not authorize the taking up of such activities under that professional title;
(i) in the United Kingdom
- the qualifications awarded following the passing of examinations of:
- the Royal Institute of British Architects;
- schools of architecture at:
- universities,
- polytechnics,
- colleges,
- academies,
- schools of technology and art,
which were, or are at the time of the adoption of this Directive, recognized by the Architects Registration Council of the United Kingdom for the purpose of admission to the Register (Architect);
- a certificate stating that its holder has an established right to hold the professional title of architect by virtue of section 6 (1) a, 6 (1) b or 6 (1) d of the Architects Registration Act 1931 (Architect); - a certificate stating that its holder has an established right to hold the professional title of architect by virue of section 2 of the Architects Registration Act 1938 (Architect).
Article 12
Without prejudice to Article 10, each Member State shall recognize, by giving them as regards the taking up and pursuit under the professional title of architect of the activities referred to in Article 1, the same effect within its territory as the diplomas, certificates and other evidence of formal architectural qualifications which it issues:
- certificates issued to nationals of Member States by Member States in which there are regulations at the time of notification of this Directive governing the taking up and pursuit of the activities referred to in Article 1 under the professional title of architect, stating that the holder has received authorization to bear the professional title of architect before the implementation of this Directive and has effectively exercised the activities in question under such regulations for at least three consecutive years during the five years preceding the issue of the certificate;
- certificates issued to nationals of Member States by Member States which between the time of notification and implementation of the Directive introduce regulations governing the taking up and pursuit of the activities referred to in Article 1 under the professional title of architect, stating that the holder has received authorization to bear the professional title of architect at the time when this Directive is implemented and has effectively exercised the activities in question under such regulations for at least three consecutive years during the five years preceding the issue of the certificate.
Article 13
The test of formal qualifications referred to in Article 11 (a), fourth indent, Article 11 (c), third indent, and Article 11 (h), sixth indent, shall comprise an appraisal of plans drawn up and carried out by the person concerned while actually pursuing the activities referred to in Article 1 for not less than six years.
Article 14
Certificates issued by the competent authorities of the Federal Republic of Germany attesting the equivalence of qualifications awarded from 8 May 1945 onwards by the competent authorities of the German Democratic Republic with the formal qualifications listed in Article 11 shall be recognized under the conditions listed in that Article.
Article 15
The Grand Duchy of Luxembourg shall be authorized, without prejudice to Article 5, to suspend application of Articles 10, 11 and 12 as regards the recognition of non-university diplomas, certificates and other evidence of formal qualifications, in order to avoid distortions of competition, for a transitional period of four-and-a-half years from the date of notification of this Directive.
CHAPTER IV
USE OF ACADEMIC TITLE
Article 16
1. Without prejudice to Article 23, host Member States shall ensure that the nationals of Member States who fulfil the conditions laid down in Chapter II or Chapter III have the right to use their lawful academic title and, where appropriate, the abbreviation thereof deriving from their Member State of origin or the Member State from which they come, in the language of that State. Host Member States may require this title to be followed by the name and location of the establishment or examining board which awarded it.
2. If the academic title used in the Member State of origin, or in the Member State from which a foreign national comes, can be confused in the host Member State with a title requiring, in that State, additional education or training which the person concerned has not undergone, the host Member State may require such a person to use the title employed in the Member State of origin or the Member State from which he comes in a suitable form to be specified by the host Member State.
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES
A. Provisions specific to the right of establishment
Article 17
1. A host Member State which requires of its nationals proof of good character or good repute when they take up for the first time the activities referred to in Article 1 shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent authoritiy in the Member State of origin or in the Member State from which the foreign national comes, attesting that the requirements of that Member State as to good character or good repute for taking up the activity in question have been met. 2. Where the Member State of origin or the Member State from which the foreign national comes does not require proof of good character or good repute of persons wishing to take up the activity in question for the first time, the host Member State may require of nationals of the Member State of origin or of the Member State from which the foreign national comes an extract from the 'judicial record' or, failing this, an equivalent document issued by a competent authority in the Member State of origin or the Member State from which the foreign national comes.
3. Where the Member State of origin or the Member State from which the foreign national comes does not issue the documentary proof referred to in paragraph 2, such proof may be replaced by a declaration on oath - or, in States where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the Member State of origin or the Member State from which the person comes; such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration.
4. If the host Member State has detailed knowledge of a serious matter which has occurred outside its territory prior to the establishment of the person concerned in that State, or if it knows that the declaration referred to in paragraph 3 contains incorrect information and if the matter or information is likely to affect the taking up within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts in so far as they might affect the taking up of the activity in question in that Member State. The authorities in that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the certificates or documents they have issued.
5. Member States shall ensure the confidentiality of the information forwarded.
Article 18
1. Where, in a host Member State, laws, regulations or administrative provisions impose requirements as to good character or good repute, including provisions in relation to the pursuit of the activities referred to in Article 1 for disciplinary action in respect of serious professional misconduct or conviction on criminal offences, the Member State of origin or the Member State from which the foreign national comes shall forward to the host Member State all necessary information regarding any measures or disciplinary action of a professional or administrative nature taken against the person concerned or any criminal penalties concerning the practise of his profession in the Member State of origin or in the Member State from which he came.
2. If the host Member State has detailed knowledge of a serious matter which has occurred outside its territory prior to the establishment of the person concerned in that State and which is likely to affect the pursuit of the activity concerned in that State, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts in so far as they might affect the pursuit of the activity concerned in that State. The authorities of that State shall themselves decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the information forwarded under paragraph 1.
3. Member States shall ensure the confidentiality of the information forwarded.
Article 19
Documents issued in accordance with Articles 17 and 18 may not be presented more than three months after their date of issue.
Article 20
1. The procedure for authorizing the person concerned to take up the activities referred to in Article 1, pursuant to Article 17 and 18, must be completed as soon as possible and not later than three months after presentation of all the documents relating to that person, without prejudice to delays resulting from any appeal that may be made upon termination of this procedure.
2. In the cases referred to in Article 17 (4) and Article 18 (2), a request for re-examination shall suspend the period laid down in paragraph 1.
The Member State consulted shall give its reply within a period of three months.
On receipt of the reply or at the end of the period the host Member State shall continue with the procedure referred to in paragraph 1.
Article 21
Where a host Member State requires its own nationals wishing to take up or pursue the activities referred to in Article 1 to take an oath or make a solemn declaration and where the form of such oath or declaration cannot be used by nationals of other Member States, that Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned. B. Provisions specific to the provision of services
Article 22
1. Where a Member State requires of its own nationals wishing to take up or pursue the activities referred to in Article 1 either an authorization from or membership of or registration with a professional organization or body, that Member State shall, in the case of provision of services, exempt nationals of other Member States from that requirement.
The person concerned shall provide services with the same rights and obligations as nationals of the host Member State; in particular he shall be subject to the rules of conduct of a professional or administrative nature which apply in that Member State.
For this purpose and in addition to the declaration referred to in paragraph 2 relating to the provision of services, Member States may, so as to permit the implementation of the provisions relating to professional conduct in force in their territory, require automatic temporary registration or pro forma registration with a professional organization or body or in a register, provided that this registration does not delay or in any way complicate the provision of services or impose any additional costs on the person providing the services.
Where a host Member State adopts a measure pursuant to the second subparagraph or becomes aware of facts which run counter to these provisions, it shall forthwith inform the Member State in which the person concerned is established.
2. The host Member State may require the person concerned to make a prior declaration to the competent authorities about the services to be provided where they involve the execution of a project in its territory.
3. Pursuant to paragraphs 1 and 2, the host Member State may require the person concerned to supply one or more documents containing the following particulars:
- the declaration referred to in paragraph 2,
- a certificate stating that the person concerned is lawfully pursuing the activities in question in the Member State where he is established,
- a certificate that the person concerned holds the diploma(s), certificate(s) or other evidence of formal qualifications required for the provision of the services in question and that those qualifications comply with the criteria in Chapter II or are as listed in Chapter III of this Directive;
- where appropriate, the certificate referred to in Article 23 (2).
4. The document or documents specified in paragraph 3 may not be produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in whole or in part, one of its nationals or a national of another Member State established in its territory of the right to pursue the activities referred to in Article 1, it shall, as appropriate, ensure the temporary or permanent withdrawal of the certificate referred to in the second indent of paragraph 3.
C. Provisions common to the right of establishment and freedom to provide services
Article 23
1. Where in a host Member State the use of the professional title of architect relating to the activities referred to in Article 1 is regulated, nationals of other Member States who fulfil the conditions laid down in Chapter II or whose diplomas, certificates or other evidence of formal qualifications referred to in Article 11 have been recognized under Article 10 shall be vested with the professional title of the host Member State and the abbreviated form thereof once they have fulfilled any conditions as to practical training experience laid down by that State.
2. If in a Member State the taking up of the activities referred to in Article 1 or the pursuit of such activities under the title of architect is subject, in addition to the requirements set out in Chapter II or to the possession of a diploma, certificate or other evidence of formal qualifications as referred to in Article 11, to the completion of a given period of practical experience, the Member State concerned shall accept as sufficient evidence a certificate from the Member State of origin or previous residence stating that appropriate practical experience for a corresponding period has been acquired in that country. The certificate referred to in the second subparagraph of Article 4 (1) shall be recognized as sufficient proof within the meaning of this paragraph.
Article 24
1. Where the host Member State requires its nationals wishing to take up or pursue the activities referred to in Article 1 to furnish proof of no previous bankruptcy and where the information provided pursuant to Articles 17 and 18 does not contain proof thereof, that state shall accept a declaration on oath - or, in States where there is no provision for declaration on oath, a solemn declaration - made by the person concerned before a competent judicial or administrative authority, a notary or qualified professional body of the Member State of origin or of the Member State from which the person comes; such authority or notary shall issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. Where, in the host Member State, sound financial standing must be proved, that Member State shall accept attestations issued by banks of other Member States as being equivalent to attestations issued in its own territory.
2. The documents referred to in paragraph 1 may not be produced later than three months after their date of issue.
Article 25
1. Where a host Member State requires its nationals wishing to take up or pursue the activities referred to in Article 1 to furnish proof that they are covered by insurance against the financial consequences of their professional liability, that State shall accept certificates issued by the insurance undertakings of other Member States as being equivalent to certificates issued in its own territory. Such certificates must specify that the insurer has complied with the laws and regulations in force in the host Member State as regards the conditions and extent of cover.
2. The certificates referred to in paragraph 1 may not be produced latter than three months after their date of issue.
Article 26
1. Member States shall take the measures necessary to enable the persons concerned to obtain information on the laws and, where applicable, on the professional ethics of the host Member State.
For this purpose, Member States may set up information centres from which such persons may obtain the necessary information. In the event of establishment, the host Member States may require them to contact these centres.
2. Member States may set up the centres referred to in paragraph 1 under the auspices of the competent authorities and bodies which they designate before expiry of the time limit laid down in the first subparagraph of 31 (1).
3. Member States shall ensure that, where appropriate, the persons concerned acquire, in their own interest and in that of their clients, the linguistic knowledge needed to follow their profession in the host Member State.
CHAPTER VI
FINAL PROVISIONS
Article 27
Where legitimate doubt exists, the host Member State may require the competent authorities of another Member State to confirm the authenticity of the diplomas, certificates and other evidence of formal qualifications awarded in that other Member State and referred to in Chapters II and III.
Article 28
Within the time limit laid down in the first subparagraph of Article 31 (1), Member States shall designate the authorities and bodies empowered to issue or receive diplomas, certificates and other evidence of formal qualifications as well as the documents and information referred to in this Directive, and shall forthwith inform the other Member States and the Commission thereof.
Article 29
This Directive shall also apply to nationals of Member States who, in accordance with Regulation (EEC) No 1612/68, are pursuing or will pursue as employed persons the activities referred to in Article 1.
Article 30
Not more than three years after the end of the period provided for in the first subparagraph of Article 31 (1), the Commission shall review this Directive on the basis of experience and if necessary submit to the Council proposals for amendments after consulting the Advisory Committee. The Council shall examine any such proposals within one year.
Article 31
1. Member States shall take the measures necessary to comply with this Directive within 24 months of its notification and shall forthwith inform the Commission thereof.
Member States shall, however, have three years from the date of notification within which to comply with Article 22.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 32
This Directive is addressed to the Member States.
Done at Luxembourg, 10 June 1985. | [
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COMMISSION REGULATION (EEC) No 1256/77 of 13 June 1977 on the sale by periodic tendering procedure of canned beef held by the intervention agencies
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 425/77 (2), and in particular Article 7 (3) thereof,
Whereas certain intervention agencies have for a long time held considerable stocks of canned beef produced in accordance with Commission Regulation (EEC) No 1295/74 of 22 May 1974 on the processing of beef bought in by intervention agencies (3), as last amended by Regulation (EEC) No 1145/75 (4);
Whereas Article 1 (1) (c) of Council Regulation (EEC) No 98/69 of 16 January 1969 laying down general rules for the disposal of frozen beef and veal by intervention agencies (5), as amended by Regulation (EEC) No 429/77 (6), provides that products held by intervention agencies may be disposed of if release from storage becomes a technical necessity;
Whereas, having regard to the normal storage period of these products, it is necessary to make provision for periodic sales of canned beef held by the intervention agencies ; whereas, therefore, the condition for its release from storage set out in the said Article 1 (1) (c) are met;
Whereas, in order to obtain the best results when this meat is sold, the tendering procedure under Commission Regulation (EEC) No 216/69 of 4 February 1969 on detailed rules of application for the disposal of frozen beef and veal bought in by intervention agencies (7)should be applied;
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
Canned beef held by the intervention agencies and canned pursuant to Regulation (EEC) No 1295/74 shall be put up for sale.
The sale shall be by way of periodic invitation to tender.
Regulation (EEC) No 216/69, and in particular Articles 6 to 14 thereof, shall apply, subject to the provisions of this Regulation.
Article 2
1. The intervention agencies holding the canned beef shall publish a notice of periodic invitations to tender, at the latest on the day of publication of the first of the individual invitations to tender referred to in paragraph 2.
2. Under the periodic tendering arrangements, the intervention agencies shall issue individual invitations to tender, in accordance with Articles 6 to 14 of Regulation (EEC) No 216/69.
3. Each notice of individual invitation to tender shall specify the date before which the meat offered for sale was put into storage by the intervention agencies.
4. The time limit for the submission of tenders shall be 1 p. m. on the date fixed by the individual invitation to tender.
5. Publication in the Official Journal of the European Communities of notices of invitation to tender shall take place at least 10 days before the expiry of the time limit for the submission of tenders.
Article 3
The weight of the canned beef offered for sale shall be expressed as net weight. The minimum quantity shall be two tonnes.
However, when the quantity put out to tender at the delivery point is less than two tonnes, the tender shall be for the quantity available. (1)OJ No L 148, 28.6.1968, p. 24. (2)OJ No L 61, 5.3.1977, p. 1. (3)OJ No L 140, 23.5.1974, p. 47. (4)OJ No L 112, 1.5.1975, p. 60. (5)OJ No L 14, 21.1.1969, p. 2. (6)OJ No L 61, 5.3.1977, p. 18. (7)OJ No L 28, 5.2.1969, p. 10.
Article 4
When fixing the minimum selling prices for each individual invitation to tender, account shall be taken of the situation on the beef market.
Article 5
By way of derogation from Article 13 (2) of Regulation (EEC) No 216/69, the price shall be paid as and when the goods are removed from store, in proportion to the quantity removed and not later than the day preceding each removal.
Article 6
Where, for reasons of force majeure, the successful tenderer is unable to comply with the time limit for taking delivery, the intervention agency shall take such action as it considers necessary having regard to the circumstances invoked.
The intervention agency shall inform the Commission of each case of force majeure and of the action taken in respect thereof.
Article 7
This Regulation shall enter into force on 15 June 1977.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 June 1977. | [
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COMMISSION REGULATION (EC) No 1673/2004
of 24 September 2004
laying down the marketing standard applicable to kiwifruit
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 2(2) thereof,
Whereas:
(1)
Kiwifruit are among the products listed in Annex I to Regulation (EC) No 2200/96 for which standards must be adopted. Commission Regulation (EEC) No 410/90 of 16 February 1990 setting quality standards for kiwifruit (2) has been amended several times. For the sake of clarity, Regulation (EEC) No 410/90 should therefore be repealed and replaced, as from 1 October 2004, by a new Regulation.
(2)
To that end, and in the interest of preserving transparency on the world market, account should be taken of the UN/ECE standard FFV-46 concerning marketing and quality control of kiwifruit recommended by the Working Party on Agricultural Quality Standards of the United Nations Economic Commission for Europe (UN/ECE).
(3)
Application of the new standards should remove products of unsatisfactory quality from the market, bring production into line with consumer requirements and facilitate trade based on fair competition, thereby helping to improve profitability.
(4)
The standards are applicable at all marketing stages. Long-distance transport, storage over a certain period and the various processes the products undergo may cause some degree of deterioration owing to the biological development of the products or their perishable nature. Account should be taken of such deterioration when applying the standard at the marketing stages following dispatch.
(5)
As products in the ‘Extra’ class have to be particularly carefully sorted and packaged, only lack of freshness and turgidity should be taken into account in their case.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The marketing standards applicable to kiwifruit falling within CN code 0810 50 shall be as set out in the Annex.
The standards shall apply to all marketing stages under the conditions laid down in Regulation (EC) No 2200/96.
However, at stages following dispatch, products may show, in relation to the requirements of the standard:
(a)
a slight lack of freshness and turgidity;
(b)
for products graded in classes other than the ‘Extra’ class, slight deteriorations due to their development and their tendency to perish.
Article 2
Regulation (EEC) No 410/90 is repealed.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply as from 1 October 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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COMMISSION REGULATION (EC) No 1396/97 of 18 July 1997 amending Regulation (EEC) No 689/92 fixing the procedure and conditions for the taking over of cereals by intervention agencies
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 organization of the market in cereals (1), as last amended by Commission Regulation (EC) No 923/96 (2), and in particular Article 5 thereof,
Whereas Commission Regulation (EEC) No 689/92 (3), as last amended by Regulation (EC) No 1395/97 (4), lays down the conditions for taking over cereals into intervention;
Whereas implementation from the 1993/94 marketing year on the reform of the common agricultural policy in the cereals sector may lead to difficulties for producers of certain cereals in certain areas of the Community; whereas, to lessen the impact of these mechanisms on the income of the said producers, provision should be made for exemptions from certain provisions relating to quality once again in the 1997/98 marketing year, as was done in 1996/97;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The text of Article 2 (4) of Regulation (EEC) No 689/92 is replaced by the following:
'4. Notwithstanding paragraph 2, and for the 1997/98 marketing year:
- at the request of the Member State, a decision shall be taken in accordance with the procedure provided for in Article 23 of Regulation (EEC) No 1766/92, to fix the maximum moisture content at 15 % for cereals offered for intervention with the exception of maize and sorghum,
- Greece is hereby authorized to accept into intervention consignments of durum wheat 14 % of which comprise cereal of less than standard quality in which the grain impurities reach a maximum of 7 %, with 5 % at most being other cereals,
- the reduction provided for in the case of barley of a specific weight less than 64 kg/hl referred to in Annex II, Table III shall not apply.`
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 July 1997. | [
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*****
COMMISSION REGULATION (EEC) No 1585/89
of 7 June 1989
concerning the classification of certain goods in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Regulation (EEC) No 1495/89 (2), and in particular Article 9 thereof,
Whereas in order to ensure uniform application of the combined nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the good referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to this Regulation must be classified under the appropriate CN code indicated in column 2, by virtue of the reasons set out in column 3;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The good described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN code indicated in column 2 of the said table.
Article 2
This Regulation shall enter into force on the 21st day after its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 June 1989. | [
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COUNCIL REGULATION (EC, ECSC, EURATOM) No 2120/1999
of 1 October 1999
laying down the weightings applicable from 1 January 1999 to the remuneration of officials of the European Communities serving in third countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68(1), as last amended by Regulation (EC, ECSC, Euratom) No 1238/1999(2), and in particular the first paragraph of Article 13 of Annex X thereto,
Having regard to the proposal from the Commission,
Whereas:
(1) account should be taken of changes in the cost of living in countries outside the Community and weightings applicable to remuneration payable in the currency of the country of employment to officials serving in third countries should be determined with effect from 1 January 1999;
(2) under Annex X of the Staff Regulations, the Council sets the weightings every six months; it will accordingly have to set new weightings for the coming half-years;
(3) the weightings to apply with effect from 1 January 1999 in respect of which payment has been made on the basis of a previous regulation could lead to retrospective adjustments to remuneration (positive or negative);
(4) provision should be made for back-payments in the event of an increase in remuneration as a result of these weightings;
(5) provision should be made for the recovery of sums overpaid in the event of a reduction in remuneration as a result of these weightings for the period between 1 January 1999 and the date of the Council decision setting the weightings to apply with effect from 1 January 1999;
(6) however, in order to mirror the weightings applicable within the European Community to remuneration and pensions of officials and other servants of the European Communities, provision should be made for any such recovery to apply solely to a period of no more than six months preceding the decision and for its effects to be spread over a period of no more than twelve months following the date of that decision,
HAS ADOPTED THIS REGULATION:
Article 1
With effect from 1 January 1999, the weightings applicable to remuneration payable in the currency of the country of employment shall be as shown in the Annex.
The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Union for the month preceding the date referred to in the first paragraph.
Article 2
In accordance with the first paragraph of Article 13 of Annex X of the Staff Regulations, the Council shall set weightings every six months. It shall accordingly set new weightings with effect from 1 July 1999.
The institutions shall make back-payments in the event of an increase in remuneration as a result of these weightings.
For the period between 1 January 1999 and the date of the Council Decision setting the weightings applicable with effect from 1 January 1999, the institutions shall make retrospective downward adjustments to remuneration in the event of a reduction as a result of these weightings.
Retrospective adjustments involving the recovery of sums overpaid shall, however, concern only a period of no more than six months preceding the decision and this recovery shall be spread over no more than twelve months from the date of that decision.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 October 1999. | [
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COMMISSION REGULATION (EC) No 386/98 of 18 February 1998 fixing the minimum selling prices for beef put up for sale under the invitation to tender referred to in Regulation (EC) No 267/98
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 organisation of the market in beef and veal (1), as last amended by Regulation (EC) No 2634/97 (2), and in particular Article 7(3) thereof,
Whereas tenders have been invited for certain quantities of beef fixed by Commission Regulation (EC) No 267/98 (3);
Whereas, pursuant to Article 9 of Commission Regulation (EEC) No 2173/79 (4), as last amended by Regulation (EC) No 2417/95 (5), the minimum selling prices for meat put up for sale by tender should be fixed, taking into account tenders submitted;
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 minimum selling prices for beef for the invitation to tender held in accordance with Regulation (EC) No 267/98 for which the time limit for the submission of tenders was 9 February 1998 are as set out in 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 1998. | [
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COUNCIL DIRECTIVE 98/46/EC of 24 June 1998 amending Annexes A, D (Chapter I) and F to Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Article 16(1)(a) thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Whereas in Article 16 of Directive 64/432/EEC the Commission has been requested to make proposals to amend Annexes A, D (Chapter I) and F to the said Directive, in particular with regard to their adaptation to technological developments;
Whereas in the same Article it is stipulated that the Council is to decide on these proposals by a qualified majority before 1 January 1998;
Whereas in recent times the development of veterinary administrative procedures regarding herd management, animal movement control, animal identification and information handling in relation to disease control requires amendments to be made to certain Annexes to Directive 64/432/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes A, D (Chapter I) and F to Directive 64/432/EEC are hereby replaced by the Annexes to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1999. 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 texts of the main provisions of domestic 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.
Article 4
This Directive is addressed to the Member States.
Done at Luxembourg, 24 June 1998. | [
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Commission Regulation (EC) No 372/2003
of 27 February 2003
fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization 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 organization 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 13 of Regulation (EEC) No 1766/92 and Article 13 of Regulation (EC) No 3072/95 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.
(2) Article 13 of Regulation (EC) No 3072/95 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.
(3) Article 4 of Commission Regulation (EC) No 1518/95(5), as amended by Regulation (EC) No 2993/95(6), on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.
(4) The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.
(5) There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.
(6) The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(7) The refund must be fixed once a month. It may be altered in the intervening period.
(8) Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinized starch, no export refund is to be granted.
(9) 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 products listed in Article 1(1)(d) of Regulation (EEC) No 1766/92 and in Article 1(1)(c) of Regulation (EC) No 3072/95 and subject to Regulation (EC) No 1518/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 28 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 2003. | [
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Commission Decision
of 11 October 2000
amending Decision 94/278/EC drawing up a list of third countries from which Member States authorise imports of certain products subject to Council Directive 92/118/EEC
(notified under document number C(2000) 2978)
(Text with EEA relevance)
(2000/611/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(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(1), as last amended by Decision 1999/724/EC(2), and in particular Article 10(2)(a) thereof,
Whereas:
(1) Commission Decision 94/278/EC(3), as last amended by Decision 98/597/EC(4), establishes a list of third countries from which Member States authorise imports of certain products referred to by Directive 92/118/EEC.
(2) Ecuadorian authorities requested to add Ecuador to the list of third countries from which Member States authorise imports of snails intended for human consumption. A Community on-the-spot inspection has not yet been carried out. However, the health guarantees provided by Ecuadorian authorities are considered adequate to justify the inclusion of Ecuador on that list. This Decision may be reviewed in the light of the outcome of any future Community inspection.
(3) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
In Part XI of the Annex to Decision 94/278/EC, the following line is added in accordance with the alphabetical order of the ISO code:
TABLE "
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 11 October 2000. | [
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COMMISSION REGULATION (EC) No 548/94 of 10 March 1994 laying down detailed rules for the application of Council Regulation (EC) No 287/94 laying down special measures for the import of olive oil from Tunisia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 75 (4) and 243 (4) thereof,
Having regard to Council Regulation (EC) No 287/94 of 7 February 1994 laying down special measures for the import of olive oil from Tunisia (1), and in particular Article 3 thereof,
Whereas, pursuant to Articles 1 and 2 of Regulation (EC) No 287/94, provision should be made for the rate at which olive oil originating in Tunisia is to be imported; whereas the present and foreseeable situation regarding supplies to the Community market in olive oil permits the disposal of the quantity anticipated without any risk of disturbance of the market if imports are not concentrated in a short period of each marketing year; whereas provision should be made for import licences to be issued according to a monthly schedule;
Whereas olive oil imported from Tunisia may not exceed a given quantity; whereas the tolerance provided for in Article 8 of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), as last amended by Regulation (EC) No 3519/93 (3), should accordingly be disallowed;
Whereas Commission Regulation (EEC) No 3830/92 (4) provides that as from 1 January 1993 Spain is to apply in trade with third countries the customs duties applied by the Community of 10; whereas Commission Regulation (EEC) No 1380/93 (5) lays down a similar provision for Portugal, to apply from 1 April 1993; whereas, as a consequence, it should be made clear that the preferential rate is to apply to imports into those countries of products covered by Regulation (EC) No 287/94;
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
Olive oil as referred to in Article 1 of Regulation (EC) No 287/94 may be imported as from 1 March each marketing year. Import licences shall be issued for up to 46 000 tonnes per marketing year.
Article 2
1. Licences may be issued in accordance to the conditions laid down in Article 2 of Regulation (EC) No 287/94 for up to 5 000 tonnes per month in March, April and October and for up to 10 000 tonnes per month in May to September. If the quantity authorized for one month is not wholly used during the month in question, the remainder shall be added to the quantity for the following month but may not be carried over thereafter.
For the purposes of counting the quantity authorized each month, weeks commencing in one month and ending in the following month shall be considered as forming part of the month in which the Thursday falls.
2. The Commission shall inform the Member States as soon as the maximum quantity laid down in Regulation (EC) No 287/94 has been attained.
Article 3
Import licences as provided for in Article 2 shall be valid for 60 days from their date of issue but shall not be valid beyond 31 October each marketing year.
The provisions of Commission Regulation (EEC) No 2041/75 of 25 July 1975 (6), concerning import licences without advance fixing of the levy and the time limit for the issue thereof.
Article 4
Section 20 of import licences as provided for in Article 2 shall bear one of the following:
- Exacción reguladora especial - Reglamento (CE) no 287/94,
- Saerlig afgift - forordning (EF) nr. 287/94,
- Sonderabschoepfung - Verordnung (EG) Nr. 287/94,
- Eidiki eisfora - kanonismos (EK) arith. 287/94,
- Special levy - Regulation (EC) No 287/94,
- Prélèvement particulier - règlement (CE) no 287/94,
- Prelievo particolare - regolamento (CE) n. 287/94,
- Bijzondere heffing - Verordening (EG) nr. 287/94,
- Direito nivelador especial - Regulamento (CE) nº 287/94.
Notwithstanding Article 8 (4) of Regulation (EEC) No 3719/88, the quantity released for free circulation may not exceed that stated in Sections 17 and 18 of import licences. The figure '0' shall be entered to that end in Section 19 of licences.
Article 5
For imports into Spain and Portugal of the products mentioned in Article 1 (1) of Regulation (EC) No 287/94, the preferential rate laid down in that paragraph shall apply.
Article 6
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, 10 March 1994. | [
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{COM} COMMISSION DECISION of 2 February 1993 concerning animal health conditions and veterinary certificates for the importation of domestic animals of the bovine species and health protection measures in respect of imports of domestic animals of the porcine species from Estonia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Regulation (EEC) No 1601/92 (2), and in particular Articles 8 and 11 thereof,
Whereas Member States shall import domestic animals of the bovine and porcine species in accordance with the provisions of Directive 91/496/EEC (3), as last amended by Decision 92/438/EEC (4);
Whereas, following Community veterinary missions, it appears that the animal health situation in Estonia is supervised by veterinary services which although currently in the process of reorganization can offer satisfactory guarantees concerning diseases which might be transmitted through the importation of domestic animals of the bovine species;
Whereas the veterinary authorities of Estonia have confirmed that Estonia has during the last 24 months been free from foot-and-mouth disease and has during the last 12 months been free from rinderpest, contagious bovine pleuro-pneumonia, vesicular stomatitis, bluetongue, classical swine fever, African swine fever, porcine enteroviral encephalomyelitis (Teschen disease), swine vesicular disease and vesicular exanthema and that no vaccinations have been carried out against any of those diseases other than classical swine fever during the past 12 months;
Whereas the fact that Estonia carries out vaccination against classical swine fever precludes the importation into the Community of live pigs for the time being;
Whereas the veterinary authorities of Estonia have undertaken to notify the Commission and the Member States, by telex or telefax, within 24 hours, of the confirmation of the occurrence of any of the abovementioned diseases or of the adoption of vaccination against any of them or, within an appropriate period, of any proposed changes in the Estonian import rules concerning bovine animals or swine;
Whereas bovine tuberculosis and brucellosis have been virtually eradicated from Estonia; whereas vaccination against bovine brucellosis is not permitted; whereas the measures taken by the responsible authorities of Estonia to prevent a recurrence of those diseases are sufficient to equate the status of Estonian herds, other than those under official restrictions, with that of herds in the Community having the status of officially tuberculosis-free officially brucellosis-free;
Whereas the veterinary authorities of Estonia have undertaken to supervise officially the issue of certificates arising from this Decision and to ensure that all relevant certificates, declarations and statements on which export certification may have been based remain on official file for at least 12 months following the dispatch of the animals to which they refer;
Whereas the veterinary authorities of Estonia have undertaken not to permit the certificates described in the Annexes to this Decision to be issued in respect of animals which have been imported into Estonia unless such animals were imported in accordance with veterinary conditions at least as strict as the relevant requirement of Directive 72/462/EEC, and any relevant decisions relating thereto;
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. Without prejudice to paragraphs 2, 3 and 4 Member States shall authorize the importation from Estonia of the following animals:
(a) domestic animals of the bovine species for breeding or production which meet the requirements set out in the health certificate in Annex A and which are accompanied by such a certificate;
(b) domestic animals of the bovine species for slaughter which meet the requirements set out in the health certificate in Annex B and which are accompanied by such a certificate.
2. Member States shall authorize the importation from Estonia of domestic animals of the bovine species indicated in paragraph 1 which have been imported into Estonia only if such animals were imported from the Community or from a third country included in the list annexed to Council Decision 79/542/EEC (5) in so far as it covers domestic animals of that species and only if the importation was made in accordance with veterinary conditions at least as strict as the requirements of Chapter II of Directive 72/462/EEC, and any relevant decisions relating thereto.
3. Member States shall require that animals which are subjected to tests pursuant to this Decision be continuously isolated, under conditions approved by an official veterinarian of Estonia, from all cloven-hoofed animals not intended for export to the Community or not equivalent in health status to such animals from the time of the first of such tests to the time of loading.
4. Member States shall permit the entry onto their territory from Estonia of bovine animals only if such animals:
(a) come from herds declared by the veterinary authorities of Estonia to be free of enzootic bovine leukosis as defined in Annex C to this Decision and have been subjected, within 30 days before export and with negative result, to an individual test for enzootic bovine leukosis carried out according to the protocol in Annex I to Commission Decision 91/189/EEC (6);
or
(b) are intended for meat production, are not more than 30 months of age, come from herds which are included in a national programme for the eradication of enzootic bovine leukosis and in which there has been no evidence whatever of that disease for at least two years and are permanently marked as described in Annex D to this Decision;
or
(c) come from herds which are included in a national programme for the eradication of enzootic bovine leukosis, are consigned directly to a slaughterhouse and are slaughtered within five working days of their arrival there.
In the case of the animals referred to in (b) and (c), Member States shall ensure, by inspection, that such animals are clearly identified, shall supervise them untim slaughter and shall take all measures to prevent contamination of indigenous herds.
Article 2
Member States may apply in respect of animals imported from Estonia such additional health conditions as they apply to other animals within the framework of a national programme, submitted to and approved by the Commission, for the eradication, prevention or control of disease.
As a temporary measure until 31 December 1993, Member States may apply this Article in respect of national programmes which have been submitted to but not yet approved by the Commission, but in that event they must, without delay, provide the Commission and the other Member States with details of the relevant conditions.
Article 3
Member States shall make the introduction into their territory of bovine animals from Estonia subject to a guarantee that the animals to be imported have not been vaccinated against foot-and-mouth disease.
Article 4
Member States shall not authorize the importation of domestic animals of the porcine species from Estonia.
Article 5
This Decision shall apply from the 60th day following its notification to the Member States.
Article 6
This Decision is adressed to the Member States.
Done at Brussels, 2 February 1993. | [
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COMMISSION DECISION of 24 February 1995 amending for the sixth time Commission Decision 93/24/EEC and concerning additional guarantees relating to Aujeszky's Disease for pigs destined to regions free of the disease in Germany (95/51/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC (1) of 26 June 1964, on animal health problems affecting intra-Community trade in bovine animals and swine, as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,
Whereas Germany considers that part of its territory is free from Aujeszky's disease and has submitted supporting documentaton to the Commission as provided for in Article 10 of Council Directive 64/432/EEC;
Whereas an eradication programme was undertaken in these regions for Aujeszky's Disease;
Whereas the programme is regarded to have been successful in eradicating this disease from these regions of Germany;
Whereas the authorities of Germany apply for national movement of pigs rules at least equivalent to those provided by the present Decision;
Whereas these additional guarantees must not be requested from Member States or Regions of Member States which are themselves regarded as free from Aujeszky's Disease;
Whereas Commission Decision 93/24/EEC of 11 December 1992 (2), as last amended by the Act of Accession of Austria, Finland and Sweden, lays down additional guarantees relating to Aujeszky's Disease for pigs destined to Member States or regions free of the disease and lists those regions in Annex I;
Whereas these Regions of Germany which are free of the disease should be added to Annex I of Commission Decision 93/24/EEC;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The following is added to Annex I of Commission Decision 93/24/EEC of 11 December 1992:
'Germany: the laender of Thueringen, Sachsen and Brandenburg.'
Article 2
This Decision shall apply from 1 March 1995.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 24 February 1995. | [
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COMMISSION DECISION
of 30 November 2009
establishing a European Union Committee of Experts on Rare Diseases
(2009/872/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,
Whereas:
(1)
The Commission White Paper ‘Together for health: a strategic approach for the EU 2008-2013’ (1) adopted by the Commission on 23 October 2007, developing the EU health strategy, identified rare diseases as a priority for action.
(2)
In parallel, the European Parliament and the Council adopted Decision No 1350/2007/EC of 23 October 2007 establishing a second programme of Community action in the field of health (2008 to 2013) (2). According to Article 7(2) as well as to the Annex to that Decision, the actions in the field of generation and dissemination of health information and knowledge shall be implemented in close cooperation with Member States developing consultation mechanisms and participatory processes.
(3)
The European Commission adopted on 11 November 2008 the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on rare diseases: Europe's challenges’ (3) (hereafter referred to as the Commission Communication) and the Council on 8 June 2009 a Council Recommendation on an action in the field of rare diseases (4) (hereafter referred to as the Council Recommendation).
(4)
The preparation and implementation of Community activities in the field of rare diseases require close cooperation with the specialised bodies in Member States and with the interested parties.
(5)
Therefore, a framework is required for the purpose of regular consultations with those bodies, with the managers of projects supported by the European Commission in the fields of research and public health action and with other relevant stakeholders acting in the field.
(6)
This need for a framework was reflected in the Communication COM(2008) 679 final on rare diseases. Point 7 of the Communication recommended that the Commission be assisted by a European Union Advisory Committee on Rare Diseases.
(7)
The Committee shall not act as a Committee within the meaning of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5),
HAS DECIDED AS FOLLOWS:
Article 1
The Commission hereby establishes a Committee of Experts on Rare Diseases, hereinafter referred to as ‘the Committee’.
Article 2
1. The Committee acting in the public interest shall assist the Commission in formulating and implementing the Community's activities in the field of rare diseases, and shall foster exchanges of relevant experience, policies and practices between the Member States and the various parties involved.
2. The tasks of the Committee shall not comprise issues covered by Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (6) and issues that fall under the tasks of the Committee of Orphan Medicinal Products (COMP), set up by Article 4 of that Regulation, nor issues that fall under the tasks of the Pharmaceutical Committee, set up by Council Decision 75/320/EEC (7).
3. To achieve the aims referred to in paragraph 1, the Committee shall:
(a)
assist the Commission in the monitoring, evaluating and disseminating the results of measures taken at Community and national level in the field of rare diseases;
(b)
contribute to the implementation of Community actions in the field, in particular by analysing the results and suggesting improvements to the measures taken;
(c)
contribute to the preparation of Commission reports on the implementation of the Commission Communication and the Council Recommendation;
(d)
deliver opinions, recommendations or submit reports to the Commission either at the latter's request or on its own initiative;
(e)
assist the Commission in international cooperation on matters relating to rare diseases;
(f)
assist the Commission in drawing up guidelines, recommendations and any other action defined in the Commission Communication and in the Council Recommendation;
(g)
provide an annual report of its activities to the Commission.
4. The Committee shall adopt its rules of procedure in agreement with the Commission.
Article 3
1. The Committee shall comprise 51 members and the corresponding alternates, namely:
(a)
one representative per Member State from ministries or government agencies responsible for rare diseases; the representative shall be designated by the government of each Member State;
(b)
four representatives from patients' organisations;
(c)
four representatives of the pharmaceutical industry;
(d)
nine representatives of ongoing and/or past Community projects in the field of rare diseases financed by the programmes of Community action in the field of health (8) including three members of the pilot European Reference Networks on rare diseases;
(e)
six representatives of the ongoing and/or past rare diseases projects financed by the Community Framework Programmes for Research and Technological Development (9);
(f)
one representative of the European Centre for Disease Prevention and Control (ECDC), whose mandate, established in accordance with Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for disease prevention and control (10) includes activities on rare emerging infectious diseases.
On request of the governments of the States concerned, the Commission can decide to extend the composition of the Committee with a representative of each of the EFTA States which are party to the Agreement on the European Economic Area, from the ministry or government agency responsible for rare diseases and designated by the government of the State concerned.
2. Representatives of the Commission, of the European Medicines Agency (EMEA) as well as the Chair or Vice-Chair of the Committee for Orphan Medicinal Products (COMP) may attend the meetings of the Committee.
3. Representatives of international and professional organisations and other associations acting in the field of rare diseases making duly substantiated requests to the Commission may be given observer status.
4. The Commission shall appoint the members of the Committee corresponding to groups (b) to (e) of paragraph 1 from a list of suitable candidates established following publication of a call for expressions of interest in the Official Journal of the European Union and on the Commission website. The call for expressions of interests shall specify the required qualifications and conditions to become member of the Committee. All members of the Committee shall undertake to act in the public interest.
5. Members of the Committee corresponding to groups (b) to (e) shall undertake to act in an independent manner. They are under no power of direction from their body of origin when carrying out their tasks as Committee member.
Article 4
The term of office of members of the Committee shall be three years and shall be renewable. They shall remain in office until such time as they are replaced.
A member's term of office shall come to an end before the expiry of the three-year period in the event of her/his resignation, the termination of her/his membership of the organisation which she/he represents, permanent incapacity to attend the meetings, incapacity to contribute effectively to the committee's deliberations, non-respect of the conditions set in Article 287 of the Treaty establishing the European Community, or in case of subsequent non-compliance with the qualifications and conditions specified in the call for expression of interests. A member's terms of office may also be terminated if the organisation which nominated her/him requests her/his replacement.
Members whose term of office comes to an end before the expiry of the three-year period may be replaced for the remaining period of their mandate.
Article 5
1. The Committee shall elect a chairperson and three vice-chairpersons, with a one-year term of office, from different categories of members of the Committee, in accordance with the procedure laid down in Article 10. The vice-chairpersons shall stand in for the chairperson in the absence of the chairperson.
2. The chairperson and vice-chairpersons together with a representative of the Commission shall constitute the Bureau of the Committee, which shall prepare the work of the Committee.
3. The Secretariat of the Committee shall be provided by the Commission. The minutes of the Committee's meetings shall be drawn up by the Commission.
Article 6
The Bureau of the Committee may invite any person who is specially qualified in a particular subject on the agenda to take part in the work of the Committee as an external expert.
External experts shall only take part in the work on the particular subject for which their attendance is requested.
Article 7
1. The Committee may set up temporary working groups. These groups may notably be established when work of a temporary or ad-hoc nature is required such as preparation of proposals on a specific scientific topic, or preparation of responses to specific questions raised by the Committee in relation to specific scientific fields.
2. Working groups consist of external experts selected according to their specific expertise.
3. The Committee shall adopt a mandate for each working group, indicating its objectives, composition, meeting frequency and the duration of its activity.
4. For the preparation of its opinions, the Committee may entrust a rapporteur, who can be one of its members or an external expert, with the task of drawing up reports in accordance with its rules of procedure.
5. One or more members of the Committee may be nominated by the Committee to participate as observers in the activities of other expert groups of the Commission.
Article 8
No remuneration shall be attached to a member's duties; travelling and subsistence expenses for meetings of the Committee and of the working groups set up under Article 7 shall be met by the Commission in accordance with the administrative rules in force.
Measures adopted under Articles 6 and 7 having financial implications for the budget of the European Communities shall be submitted for the prior agreement of the Commission and shall be implemented in accordance with the Financial Regulation applicable to the general budget of the European Communities.
Article 9
The Committee shall be convened by the Commission and shall meet on its premises. It shall meet at least three times per year.
Article 10
1. The quorum required for the adoption of opinions, reports or recommendations by the Committee shall be reached when two thirds of the total members of the Committee are present.
2. Whenever possible, scientific opinions, reports or recommendations of the Committee shall be taken by consensus. If such a consensus cannot be reached, the opinion shall be adopted by a majority of the Committee members who are present.
3. The Commission, when requesting the Committee's opinion or a recommendation, may set a deadline within which the opinion should be delivered.
4. The views expressed by the different categories represented in the Committee shall be recorded in the minutes, which shall be transmitted to the Commission. Where the opinion requested has been agreed unanimously by the Committee, the Committee shall draft common conclusions which shall be annexed to the minutes.
5. Draft opinions and recommendations can, after approval of the Chairperson, be submitted by the Secretariat to the Committee for adoption by a written procedure to be laid down in the rules of procedure of the Committee. However, such written procedures should be, as much as possible, restricted to urgent measures required to be taken between scheduled meetings.
Article 11
Without prejudice to Article 287 of the Treaty, members of the Committee are required not to disclose information obtained in the course of their work on the Committee or its sub-groups or working groups when informed by the Commission that the opinion requested or question asked concerns a confidential matter.
In such cases, only members of the Committee and representatives of the Commission shall attend meetings.
Article 12
This Committee will replace the current European Union Rare Diseases Task Force created on the basis of Commission Decision 2004/192/EC of 25 February 2004 adopting the work plan for 2004 for the implementation of the programme of Community action in the field of public health (2003 to 2008), including the annual work programme for grants (11).
Done at Brussels, 30 November 2009. | [
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COMMISSION REGULATION (EC) No 923/2006
of 22 June 2006
amending Regulations (EC) No 1164/2005, (EC) No 1165/2005, (EC) No 1168/2005, (EC) No 1700/2005 and (EC) No 1845/2005 opening standing invitations to tender for the resale on the Community market of maize held by the Czech, Hungarian, Austrian, Polish and Slovak intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulations (EC) No 1164/2005 (2), (EC) No 1165/2005 (3), (EC) No 1168/2005 (4), (EC) No 1700/2005 (5) and (EC) No 1845/2005 (6) open standing invitations to tender for the resale on the Community market of maize held by the Czech, Hungarian, Austrian, Polish and Slovak intervention agencies. Those invitations to tender expire on 28 June 2006.
(2)
In order to guarantee livestock farmers and the livestock-feed industry supplies at competitive prices at the beginning of the 2006/2007 marketing year, the stocks of maize held by the Czech, Hungarian, Austrian, Polish and Slovak intervention agencies should continue to be made available on the cereal market.
(3)
In the context of this extension, however, the weeks from 28 June 2006 when no invitation to tender will be made were not specified. Tenders could thus be lodged in good faith by traders during those weeks, although no Management Committee meetings are scheduled.
(4)
Regulations (EC) No 1164/2005, (EC) No 1165/2005, (EC) No 1168/2005, (EC) No 1700/2005 and (EC) No 1845/2005 should be amended accordingly.
(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
1. The second subparagraph of Article 4(1) of Regulations (EC) No 1164/2005, (EC) No 1165/2005, (EC) No 1168/2005, (EC) No 1700/2005 and (EC) No 1845/2005 is hereby replaced by the following:
‘The time limit for the submission of tenders for subsequent partial invitations to tender shall be 15.00 (Brussels time) each Wednesday, with the exception of 2 August 2006, 16 August 2006 and 23 August 2006, i.e. weeks when no invitation to tender shall be made.’
2. In the third subparagraph of Article 4(1) of Regulations (EC) No 1164/2005, (EC) No 1165/2005, (EC) No 1168/2005, (EC) No 1700/2005 and (EC) No 1845/2005, ‘28 June 2006’ is replaced by ‘13 September 2006’.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 June 2006. | [
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COUNCIL DECISION
of 6 April 2009
on the signing and provisional application of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver
(2009/481/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular point (2)(b)(i) of Article 62, 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)
Council Regulation (EC) No 1932/2006 (1) amended Regulation (EC) No 539/2001 (2) listing the third countries whose nationals must be in possession of visas when crossing the external borders of the European Union (negative list), and those whose nationals are exempt from that requirement (positive list) by, inter alia, transferring the Commonwealth of the Bahamas (hereinafter referred to as the Bahamas) from the negative to the positive list. Furthermore, Regulation (EC) No 1932/2006 provides that the exemption is to be applied only from the date of entry into force of an agreement on visa exemption to be concluded between the European Community and the Bahamas.
(2)
By decision of 5 June 2008, the Council authorised the Commission to negotiate an agreement between the European Community and the Bahamas on the short-stay visa waiver.
(3)
Negotiations on the agreement were opened on 4 July 2008 and concluded on 16 October 2008.
(4)
The Agreement initialled in Brussels on 19 November 2008, should be signed and the attached declarations be approved. The Agreement should be applied on a provisional basis, pending the completion of the procedures for its formal conclusion.
(5)
In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (hereinafter referred to as the Agreement) is hereby approved on behalf of the Community, subject to its conclusion.
The text of the Agreement is attached to this Decision.
Article 2
The Declarations attached to this Decision shall be approved on behalf of the Community.
Article 3
The President of the Council is hereby authorised to designate the person(s) empowered to sign, the Agreement on behalf of the Community subject to its conclusion.
Article 4
The Agreement shall be applied on a provisional basis as from the date of signature thereof (3), pending the completion of the procedures for its formal conclusion.
Done at Luxembourg, 6 April 2009. | [
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COMMISSION DECISION
of 15 March 2005
amending Decision 2003/135/EC as regards the termination of the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of feral pigs against classical swine fever in certain areas of the Federal State of Rhineland-Palatinate (Germany)
(notified under document number C(2005) 596)
(Only the German and French texts are authentic)
(Text with EEA relevance)
(2005/236/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular Article 16(1) and 20(2) thereof,
Whereas:
(1)
Commission Decision 2003/135/EC of 27 February 2003 on the approval of the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever in Germany, in the Federal States of Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland (2) was adopted as one of a number of measures to combat classical swine fever.
(2)
The German authorities have informed the Commission about the recent evolution of the disease in feral pigs in certain areas of Rhineland-Palatinate.
(3)
This information indicates that classical swine fever in feral pigs has been successfully eradicated and that the approved eradication and vaccination plans do not need to be applied anymore in these areas.
(4)
Decision 2003/135/EC should therefore be amended accordingly.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2003/135/EC is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Federal Republic of Germany and the French Republic.
Done at Brussels, 15 March 2005. | [
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COMMISSION REGULATION (EEC) No 1845/93 of 9 July 1993 amending Regulation (EEC) No 3567/92 as regards the individual limits to premium rights for producers in the Canary Islands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat (1), as last amended by Regulation (EEC) No 363/93 (2), and in particular Article 5b (4) thereof,
Whereas the Canary Islands have only been subject to the provisions of the common agricultural policy and in particular those of the ewes premium scheme since 1 July 1992; whereas Article 12 (5) of Commission Regulation (EEC) No 3567/92 (3), as amended by Regulation (EEC) No 1199/93 (4), provides that the individual limits to premium rights for producers in the Canary Islands are fixed by reference to the premiums granted for the 1992 marketing year; whereas certain producers did not apply for premium rights for the 1992 marketing year; whereas, in order to remedy that situation, premium rights should be allocated to producers who applied for the premium for the first time in 1993, provided they can prove that they produced sheep and/or goats on the territory of the Canary Islands in 1992, within the limit of the regional ceiling set in Article 12 (5) (a) of the above Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheepmeat and Goatmeat,
HAS ADOPTED THIS REGULATION:
Article 1
The following subparagraph is hereby added to Article 12 (5) of Regulation (EEC) No 3567/92:
'During the 1993 marketing year and provided the number of premium rights allocated pursuant to the above subparagraph is less than the regional ceiling mentioned above, a number of rights equal to the difference between the two figures may be allocated to producers who, having applied for the premium for the first time in respect of the 1993 marketing year, can prove to the satisfaction of the competent authorities that they were producers of sheep and/or goats on the territory of the Canary Islands in 1992. Within the limit of the above difference, an individual limit per producer shall be fixed taking account of the number of eligible animals for which the premium was applied for in respect of the 1993 marketing year, and the correcting coefficients referred to in Article 5a (1) of Regulation (EEC) No 3013/89.'
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from the beginning of the 1993 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 July 1993. | [
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COMMISSION DECISION of 30 April 1991 approving the Belgian programme of agricultural income aid (91/260/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 768/89 of 21 March 1989 establishing a system of transitional aids to agricultural income (1), and in particular Article 7 (3) thereof,
Having regard to Commission Regulation (EEC) No 3813/89 of 19 December 1989 laying down detailed rules for the application of the system of transitional aids to agricultural income (2), as amended by Regulation (EEC) No 1279/90 (3), and in particular Article 10
(3) thereof,
Whereas on 13 December 1990 Belgium notified the Commission of its intention to introduce a programme of aids to agricultural income; whereas the Belgian authorities gave the Commission additional information on this programme on 17 April 1991;
Whereas the Management Committee for Agricultural Income Aid was consulted on the measures provided for in this Decision on 15 April 1991;
Whereas on 23 April 1991 the EAGGF Committee was consulted on the maximum amounts to be attributed annually to the Community budget as a result of the approval of the programme,
HAS ADOPTED THIS DECISION: Article 1
The programme of aids to agricultural income in Belgium of which the Belgian authorities gave notice to the Commission on 13 December 1990 is hereby approved. Article 2
The maximum amounts that may be attributed annually to the Community budget pursuant to this Decision shall be as follows:
(Ecus)
1992 520 000 1993 800 000 1994 1 030 000 1995 1 200 000 1996 1 120 000 1997 750 000 1998 470 000 1999 280 000 2000 60 000 2001 10 000
Article 3 This Decision is addressed to all Member States. Done at Brussels, 30 April 1991. | [
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COMMISSION DECISION
of 10 February 2006
amending Decision 98/536/EC establishing the list of national reference laboratories for the detection of residues
(notified under document number C(2006) 330)
(Text with EEA relevance)
(2006/130/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular Article 14(1) thereof,
Whereas:
(1)
The Annex to Commission Decision 98/536/EC (2) was to have been reviewed by 31 December 2000. Member States have reorganised their laboratories in order to fulfil the requirements of Directive 96/23/EC taking into account in particular the requirement that one residue or residue group is to be assigned to one national reference laboratory (NRL) only.
(2)
This reorganisation having been concluded, the list of NRLs in the Annex to Decision 98/536/EC should now be adapted accordingly. At the same time the list of NRLs of the new Member States should be adapted in the light of information received from them.
(3)
Decision 98/536/EC should therefore be amended accordingly.
(4)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 98/536/EC is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 10 February 2006. | [
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Commission Regulation (EC) No 189/2004
of 2 February 2004
suspending the preferential customs duties and re-establishing the Common Customs Tariff duty on imports of multiflorous (spray) carnations originating in the West Bank and the Gaza Strip
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan and Morocco and the West Bank and the Gaza Strip(1), as last amended by Regulation (EC) No 1300/97(2), and in particular Article 5(2)(b) thereof,
Whereas:
(1) Regulation (EEC) No 4088/87 lays down the conditions for applying a preferential duty on large-flowered roses, small-flowered roses, uniflorous (bloom) carnations and multiflorous (spray) carnations within the limit of tariff quotas opened annually for imports into the Community of fresh cut flowers.
(2) Council Regulation (EC) No 747/2001(3), as amended by Commission Regulation (EC) No 786/2002(4), opens and provides for the administration of Community tariff quotas for cut flowers and flower buds, fresh, originating in Cyprus, Egypt, Israel, Jordan, Malta, Morocco and the West Bank and the Gaza Strip, respectively.
(3) Commission Regulation (EC) No 187/2004(5) fixes the Community producer and import prices for carnations and roses for the application of the import arrangements.
(4) Commission Regulation (EEC) No 700/88(6), as last amended by Regulation (EC) No 2062/97(7), lays down the detailed rules for the application of the arrangements.
(5) On the basis of prices recorded pursuant to Regulations (EEC) No 4088/87 and (EEC) No 700/88, it must be concluded that the conditions laid down in Article 2(2) of Regulation (EEC) No 4088/87 for suspension of the preferential customs duty are met for multiflorous (spray) carnations originating in the West Bank and the Gaza strip; the Customs duty should be re-established.
(6) The quota for the products in question covers the period 1 January to 31 December 2003. As a result, the suspension of the preferential duty and the reintroduction of the Common Customs Tariff duty apply up to the end of that period at the latest.
(7) In between meetings of the Management Committee for Live Plants and Floriculture Products, the Commission must adopt such measures,
HAS ADOPTED THIS REGULATION:
Article 1
For imports of multiflorous (spray) carnations (CN code ex 0603 10 20 ) originating in the West Bank and the Gaza strip, the preferential customs duty fixed by Regulation (EC) No 747/2001 is hereby suspended and the Common Customs Tariff duty is hereby re-established.
Article 2
This Regulation shall enter into force on 4 February 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 2004. | [
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COMMISSION REGULATION (EC) No 2636/1999
of 14 December 1999
on the communication of information on tobacco from the 2000 harvest onwards and repealing Regulation (EEC) No 1771/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 660/1999(2), and in particular Article 21 thereof,
Whereas:
(1) The information to be communicated under Regulation (EEC) No 2075/92 and the regulations adopted for its application should be laid down;
(2) In the interests of efficient administration, this information should be grouped and a timetable established for its submission;
(3) The required information on the raw tobacco sector has been communicated by the Member States under Commission Regulation (EEC) No 1771/93(3) on the communication of information on tobacco from the 1993 harvest onwards. This Regulation refers to Regulations replaced by Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector(4), as last amended by Regulation (EC) No 2162/1999(5). Regulation (EEC) No 1771/93 should therefore be repealed;
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
The Member States shall communicate the information set out in Annexes I to III in accordance with the time limits given therein.
The information shall be provided for each harvest and for each group of varieties.
Article 2
The Member States shall take the measures necessary to ensure that the economic operators concerned provide them with the information required within the relevant time limits.
Article 3
Information on stocks held by first processing enterprises shall be communicated in accordance with Annex III.
Article 4
Regulation (EEC) No 1771/93 is hereby repealed with effect from the 2000 harvest.
Article 5
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from the 2000 harvest.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 1999. | [
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COUNCIL DIRECTIVE 1999/37/EC
of 29 April 1999
on the registration documents for vehicles
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 75(1)(d) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 189c of the Treaty,(3),
(1) Whereas the Community has adopted a certain number of measures that are intended to create an internal market consisting of an area without frontiers within which the free movement of goods, persons, services and capital is guaranteed in accordance with the provisions of the Treaty;
(2) Whereas all of the Member States require the driver of a vehicle registered in another Member State of hold the certificate of registration corresponding to that vehicle, in order for it to be permitted to use the roads on their territory;
(3) Whereas harmonisation of the form and content of the registration certificate will facilitate its comprehension and thus help towards the free movement, on the roads in the territory of the other Member States, of vehicles registered in a Member State;
(4) Whereas the content of the registration certificate must enable it to be checked that the holder of a driving licence issued pursuant to Council Directive 91/439/EEC of 29 July 1991 on driving licences(4) drives solely those categories of vehicles for which he is authorised; whereas such checking helps to improve road safety;
(5) Whereas, as a prerequisite for registering a vehicle that has previously been registered in another Member State, all of the Member States require a document certifying that registration and the technical characteristics of the vehicle;
(6) Whereas harmonisation of the registration certificate will facilitate the re-entry into service of vehicles that have previously been registered in another Member State, and will contribute to the proper functioning of the internal market;
(7) Whereas Member States use a registration certificate consisting either of one single part or two separate parts, and whereas it is currently appropriate to allow both systems to coexist;
(8) Whereas differences remain between the Member States concerning the interpretation of the particulars contained in the registration certificate; whereas, in the interests of the proper functioning of the internal market and of the free movement and checks that these involve, it is therefore appropriate to specify in which capacity the persons named in the certificate may use the vehicle for which it was issued;
(9) Whereas, in order to facilitate those checks specifically intended to combat fraud and the illegal trade in stolen vehicles, it is appropriate to establish close cooperation between Member States, based on an effective exchange of information;
(10) Whereas it is appropriate to provide for a simplified procedure for adjusting the technical aspects contained in Annexes I and II
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to the documents issued by the Member States at the time of registration of vehicles.
It shall not prejudice the right of Member States to use, for the temporary registration of vehicles, documents which may not meet the requirements of this Directive in every respect.
Article 2
For the purposes of this Directive:
(a) "vehicle": shall mean any vehicle as defined in Article 2 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5) and in Article 1 of Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles(6);
(b) "registration": shall mean the administrative authorisation for the entry into service in road traffic of a vehicle, involving the identification of the latter and the issuing to it of a serial number, to be known as the registration number;
(c) "registration certificate": shall mean the document which certifies that the vehicle is registered in a Member State;
(d) "holder of the registration certificate": shall mean the person in whose name a vehicle is registered.
Article 3
1. Member States shall issue a registration certificate for vehicles which are subject to registration under their national legislation. The certificate shall consist of either a single part in accordance with Annex I or two parts in accordance with Annexes I and II.
Member States may authorise the services they appoint to this end, in particular those of the manufacturers, to fill in the technical parts of the registration certificate.
2. Where a new registration certificate is issued for a vehicle registered prior to the implementation of this Directive, Member States shall use a certification model as defined in this Directive and may limit the particulars shown therein to those for which the required data are available.
3. The data given in the registration certificate, in accordance with Annexes I and II, shall be represented by the harmonised Community codes shown in those Annexes.
Article 4
For the purposes of this Directive, the registration certificate issued by a Member State shall be recognised by the other Member States for the identification of the vehicle in international traffic or for its re-registration in another Member State.
Article 5
1. For the purposes of identifying a vehicle in road traffic, Member States may require that the driver carry Part I of the registration certificate.
2. With a view to re-registering a vehicle previously registered in another Member State, the competent authorities shall require the submission of Part I of the previous registration certificate in every case and the submission of Part II if it was issued. These authorities shall withdraw the part(s) of the previous registration certificate submitted and shall keep the latter for a minimum of six months. They shall, within two months, inform the authorities of the Member State which delivered the certificate of its withdrawal. They shall return the certificate which they have withdrawn to those authorities if they so request within six months of its withdrawal.
Where the registration certificate consists of Parts I and II, and Part II is missing, the competent authorities in the Member State where the new registration has been requested may decide, in exceptional cases, to re-register the vehicle, but only after having obtained confirmation, in writing or by electronic means, from the competent authorities in the Member State where the vehicle was previously registered, that the applicant is entitled to re-register the vehicle in another Member State.
Article 6
Any amendments necessary in order to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 7.
Article 7
1. Where reference is made to the procedure provided for in this Article, the Commission shall be assisted by the committee established by Article 8 of Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers(7), hereinafter referred to as the "committee", which shall consist of representatives of the Member States with a representative of the Commission in the chair.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
(b) If the measures envisaged are not accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months of the submission of the proposal to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 8
1. Member States shall bring into force the laws, regulations or administration provisions necessary to comply with this Directive by 1 June 2004. They shall notify the Commission thereof immediately.
When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference at the time 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 national law which they adopt in the field governed by this Directive.
The Commission shall communicate to the Member States all the models for registration certificates used by the national administration.
Article 9
Member States shall assist one another in the implementation of this Directive. They may exchange information at bilateral or multilateral level in particular so as to check, before any registration of a vehicle, the latter's legal status, where necessary in the Member State in which it was previously registered. Such checking may in particular involve the use of an electronic network.
Article 10
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 11
This Directive is addressed to the Member States.
Done at Luxembourg, 29 April 1999. | [
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COMMISSION REGULATION (EC) No 1942/2005
of 25 November 2005
fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,
Whereas:
(1)
Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
(2)
In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.
(3)
The general and implementing rules provided for in Article 13 of Regulation (EC) No 1784/2003 and in Article 13 of Regulation (EC) No 3072/95 on export refunds are applicable mutatis mutandis to the abovementioned operations.
(4)
The specific criteria to be used for calculating the export refund on rice are set out in Article 13 of Regulation (EC) No 3072/95.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 1 December 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 2005. | [
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COUNCIL REGULATION (EC) No 1187/96 of 26 June 1996 extending the 1995/96 milk year
THE COUNCIL OF THE EUROPEAN UNION,
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), and in particular Article 2 thereof,
Having regard to the proposal from the Commission,
Whereas the target price for milk and the intervention prices for butter and skimmed-milk powder were fixed by Regulation (EC) No 1539/95 (2) for the period 1 July 1995 to 30 June 1996; whereas the 1995/96 milk year should therefore be extended until 30 June 1996,
HAS ADOPTED THIS REGULATION:
Article 1
The 1995/96 milk year shall end on 30 June 1996 and the 1996/97 milk year shall begin on 1 July 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 April 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 26 June 1996. | [
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COUNCIL REGULATION (EC) No 1530/95 of 29 June 1995 amending Regulation (EEC) No 1418/76 on the common organization of the market in rice
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the implementation of the Uruguay Round agreements entails the abolition of threshold prices in the market organization; whereas, as a result, the target price used to calculate the threshold price has lost its significance; whereas all references to that target price should accordingly be deleted;
Whereas abolition of the target price requires the provision concerning the calculation of the compensatory allowance for husked rice to be adjusted; whereas, in order to maintain the level of that amount, calculation should be based on the buying-in price multiplied by 1,8;
Whereas, since there is no clear definition of unripe grains, problems have arisen in classifying broken rice for the purposes of applying import levies; whereas, to ensure the uniform application of the combined nomenclature and to avoid the risk of fraud, the point in Annex A to Regulation (EEC) No 1418/76 (4) concerning the measurement of grains should be worded more clearly so that grains which are not fully ripe are considered as whole grains,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1418/76 is hereby amended as follows:
1. Article 3 shall be replaced by the following:
'Article 3 1. Before 1 August each year, a single intervention price for paddy rice shall be fixed for the Community for the marketing year beginning during the following calendar year. It shall be fixed for a standard quality.
2. The price and standard quality mentioned in paragraph 1 shall be determined in accordance with the procedure laid down in Article 43 (2) of the Treaty.` 2. Article 4 shall be replaced by the following:
'Article 4 1. The single intervention price shall be fixed for the Vercelli intervention centre, which is the centre of the area in the Community with the largest rice surplus, at the wholesale stage, goods in bulk, delivered to warehouse, not unloaded. it shall apply to all intervention centres established in the Community.
2. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt the rules for determining the intervention centres to which the single intervention price applies.
3. The following shall be determined in accordance with the procedure provided for in Article 27:
(a) after consultation with the Member States concerned, the intervention centres referred to in paragraph 2;
(b) the rate for converting husked rice into paddy rice or vice versa;
(c) the rate for converting husked rice into wholly milled and semi-milled rice, or vice versa;
(d) processing costs and the value of by-products,`.
3. In Article 7, paragraph 1 shall be replaced by the following:
'1. The intervention prices and buying-in prices referred to in Article 5 (2) shall be subject to monthly increases, phased over all or part of the marketing year.` 4. Article 8 (2) (a) shall be replaced by the following:
'(a) for husked rice, the difference between the buying-in price valid for the last month of the marketing year multiplied by 1,8 and that valid for the first month of the next marketing year multiplied by 1,8.` 5. The first indent of the second subparagraph of Article 14 (12) shall be replaced by the following:
'- in the case of husked rice, equal to the difference between the buying-in price valid for the last month of the marketing year multiplied by 1,8 and that valid for the first month of the new marketing year multiplied by 1,8.` 6. Annex A shall be amended as follows:
Point 2 (d) (ii) shall be replaced by the following:
(ii) 'Sieve the sample so as to retain only whole grains, including grains which are not fully ripe.`
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 the 1995/96 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 1995. | [
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COMMISSION DECISION
of 14 October 2008
providing for the initiation of an investigation pursuant to Article 18(2) of Council Regulation (EC) No 980/2005 with respect to the effective implementation of certain human rights conventions in Sri Lanka
(2008/803/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 18(2) thereof,
After consulting the Generalised Preferences Committee,
Whereas:
(1)
Reports, statements and information of the United Nations (UN) available to the Commission, including the report of the Special Rapporteur on Extrajudicial Executions of 27 March 2006, the statement of the Special Advisor to the Special Representative for Children and Armed Conflict of 13 November 2006 and the statement of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment, of 29 October 2007, as well as other publicly available reports and information from other relevant sources, including non-governmental organisations, indicate that the national legislation of the Democratic Socialist Republic of Sri Lanka incorporating international human rights conventions, in particular the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child, is not being effectively implemented.
(2)
The International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child, are listed as core human rights conventions respectively in points 1, 5 and 6 of Annex III, Part A, of Regulation (EC) No 980/2005.
(3)
Article 16(2) of Regulation (EC) 980/2005 provides for the temporary withdrawal of the special incentive arrangement referred to in Section 2 of Chapter II of that Regulation, if the national legislation incorporating those conventions referred to in Annex III of the Regulation which have been ratified in fulfilment of the requirements of Article 9(1) and (2) is not effectively implemented.
(4)
The Commission has examined the information received and found that it constitutes sufficient grounds for the opening of an investigation with the objective of determining whether the legislation of Sri Lanka on the recognition and protection of fundamental human rights is effectively implemented. This would further allow to determine whether a temporary withdrawal of the special incentive arrangement is justified.
(5)
Consultations with the Generalised Preferences Committee were held on 23 September 2008,
HAS DECIDED AS FOLLOWS:
Sole Article
The Commission shall initiate an investigation in order to establish whether the national legislation of the Democratic Socialist Republic of Sri Lanka incorporating the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child is effectively implemented.
Done at Brussels, 14 October 2008. | [
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*****
COUNCIL REGULATION (EEC) No 3951/87
of 21 December 1987
on export arrangements for certain types of non-ferrous metal waste and scrap
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2603/69 of 20 December 1969 establishing common rules for exports (1), as last amended by Regulation (EEC) No 1934/82 (2), and in particular Article 7 thereof,
Having regard to Council Regulation (EEC) No 1023/70 of 25 May 1970 establishing a common procedure for administering quantitative quotas (3), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 2 thereof,
Having regard to the proposal from the Commission,
Whereas, under Regulation (EEC) No 4052/86 (4), exports of aluminium and lead waste and scrap were made subject, for 1987, to production of a prior export licence to be issued by the appropriate authorities of the Member States according to procedures to be laid down; whereas these arrangements expire on 31 December 1987; whereas it is advisable to retain them for 1988 with a view to following closely the trend of exports of the products concerned;
Whereas Community refiners are continuing to experience supply difficulties over the whole spectrum of copper materials; whereas these difficulties derive in particular from the current imbalance of tariff and non-tariff measures on the world copper market; whereas the quota system in force in 1987 under Regulation (EEC) No 4052/86 should, therefore, be maintained in 1988 for exports of copper ash and residues and copper waste and scrap;
Whereas the estimate of requirements is a satisfactory criterion for the allocation of quotas among third countries;
Whereas the provisions relating to the monitoring of intra-Community trade laid down in Commission Regulation (EEC) No 223/77 of 22 December 1976 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (5) apply only if the measures introducing export restrictions provide for their application;
Whereas the Commission set up by Regulation (EEC) No 2603/69 has been consulted,
HAS ADOPTED THIS REGULATION:
Article 1
1. Community exports between 1 January and 31 December 1988 of aluminium waste and scrap falling within subheading 7602 00 of the combined nomenclature and lead waste and scrap falling within subheading 7802 00 of the said nomenclature shall be subject to production of an export licence to be issued by the appropriate authorities of the Member States. The licence shall be issued free of charge, for such quantities as are requested, subject to the provisions set out below.
2. The export licence shall be issued within not more than 15 working days of the date of the application, on presentation by the applicant of a sales contract for the entire quantity applied for.
The licence shall be valid for two months.
3. Each Member State shall inform the Commission of the following within the first 15 days of each month:
(a) the quantities in tonnes and the prices of the products for which export licences have been issued during the previous month;
(b) the quantities in tonnes of products which have been exported during the month preceding that referred to under point (a);
(c) the quantities in tonnes authorized for export or exported under inward or outward processing arrangements;
(d) the third country of destination.
The Commission shall pass this information to the Member States.
Article 2
Community export quotas shall be established as follows for 1988:
(tonnes)
1.2.3 // // // // CN code // Description // Quantity // // // // ex 2620 // Ash and residues of copper and copper alloys // 28 500 // ex 7404 00 // Waste and scrap of copper and copper alloys // 36 280 // // //
Article 3
The quotas specified in Article 2 shall be allocated according to the estimate of requirements.
Article 4
1. Exports of the goods referred to in Article 2 shall not be charged against the quota of the exporting Member State:
(a) Where the goods are exported in the unaltered state or as compensating products under the inward processing relief arrangements, suspension system, provided for in Regulation (EEC) No 1999/85 (1), as long as goods complying with the conditions of Articles 9 and 10 of the Treaty are not used in the manufacture of the said compensating products;
(b) where goods not complying with Articles 9 and 10 of the Treaty are exported after having been placed in customs warehouses in accordance with Council Directive 69/74/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action relating to customs warehousing procedure (2), or in free zones in accordance with Council Directive 69/75/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action relating to free zones (3).
Article 1 (3) (c) and (d) shall apply.
2. Temporary exports of the goods referred to in Article 2 shall be charged against the quota of the exporting Member State.
However, a decision allowing goods not to be charged by using the outward processing arrangements provided for by Council Regulation (EEC) No 2473/86 (4) may be taken under the procedure set out in Article 11 (2) and (3) of Regulation (EEC) No 1023/70.
Article 5
Title III of Regulation (EEC) No 223/77 shall apply to the movement within the Community of the products listed in Article 2.
Article 6
The Council shall decide in due time, and in any case before 31 December 1988, on the measures to be taken regarding the export of the products listed in Articles 1 and 2 after this Regulation has expired.
Article 7
This Regulation shall enter into force on 1 January 1988 and shall expire on 31 December 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1987. | [
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COUNCIL DIRECTIVE of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of itinerant activities and, in particular, transitional measures in respect of those activities (75/369/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57, 66 and 235 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, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period ; whereas the principle of such treatment based on nationality applies in particular to the right to join professional organizations where the professional activities of the person concerned necessarily involve the exercise of this right;
Whereas, moreover, Article 57 of the Treaty provides that, in order to make it easier for persons to take up and pursue activities as self-employed persons, directives are to be issued for the mutual recognition of diplomas, certificates and other evidence of formal qualifications and for the coordination of the provisions laid down by law, regulation or administrative action in Member States;
Whereas, in the absence of mutual recognition of diplomas or of immediate coordination, it nevertheless appears desirable to make it easier to attain freedom of establishment and freedom to provide services for the activities in question, in particular by the adoption of transitional measures of the kind envisaged in the General Programmes (3) in order to avoid causing exceptional difficulties for nationals of Member States in which the taking up of such activities is not subject to any conditions;
Whereas, in order to prevent such difficulties arising, the object of the transitional measures should be to allow, as sufficient qualification for taking up the activities in question in host Member States which have rules governing the taking up of such activities, the fact that the activity has been pursued in the Member State whence the foreign national comes for a reasonable and sufficiently recent period of time to ensure that the person concerned possesses professional knowledge equivalent to that required of the host Member State's own nationals;
Whereas activities relating to retail trade from established premises and to the selling of goods in covered markets from permanently fixed installations are covered by Directives No 68/363/EEC and No 68/364/EEC (4) concerning the retail trade ; whereas, accordingly, selling in markets other than from permanently fixed installations and in open-air markets should be covered by this Directive;
Whereas, moreover, Council Directives No 64/222/EEC and No 64/224/EEC (5) concerning the activities of intermediaries in commerce, industry and small craft industries already apply to the activities of intermediaries who go from door to door seeking orders;
Whereas this Directive is to cover not only trading activities which are necessarily itinerant but also other economic activities pursued on an itinerant basis where such activities are not covered by previous Directives;
Whereas this Directive does not apply in any Member State to itinerant activities which are prohibited in that Member State;
Whereas the activities of fairground operators, where they are of an itinerant nature, fall within the scope of this Directive;
Whereas the purpose of the transitional measures provided for in this Directive will disappear once the coordination of conditions for the taking up and pursuit of the activities in question and the mutual (1)OJ No C 11, 5.2.1971, p. 43. (2)OJ No C 42, 30.4.1971, p. 10. (3)OJ No 2, 15.1.1962, pp. 32/62 and 36/62. (4)OJ No L 260, 22.10.1968, pp. 1 and 6. (5)OJ No 56, 4.4.1964, pp. 857/64 and 869/64.
recognition of diplomas, certificates and other formal qualifications have been achieved;
Whereas this Directive does not affect the provisions laid down by law, regulation or administrative action in the Member States which prohibit companies or firms from pursuing itinerant activities or impose on them certain conditions for such pursuit;
Whereas, in so far as in Member States the taking up or pursuit of the activities referred to in this Directive is also dependent in the case of paid employees on the possession of professional knowledge and ability, this Directive should also apply to this category of persons in order to remove an obstacle to the free movement of workers and thereby to supplement the measures adopted in Council Regulation (EEC) No 1612/68 (1) of 15 October 1968 on freedom of movement for workers within the Community;
Whereas, for the same reason, the provisions laid down in respect of proof of good repute and proof of no previous bankruptcy should also be applicable to paid employees;
Whereas the activity in question must have been pursued and any vocational training received in the same branch of trade as that in which the beneficiary wishes to establish himself in the host Member State, where the latter imposes this requirement on its own nationals,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall adopt the measures defined in this Directive in respect of establishment or provision of services in their territories by natural persons and companies or firms covered by Title I of the General Programmes (hereinafter called "beneficiaries") wishing to pursue the activities referred to in Article 2.
2. This Directive shall also apply to nationals of Member States who, as provided in Regulation (EEC) No 1612/68, wish to pursue as paid employees activities referred to in Article 2.
Article 2
This Directive shall apply to the following itinerant activities: (a) the buying and selling of goods: - by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612);
- in covered markets other than from permanently fixed installations and in open-air markets;
(b) activities covered by transitional measures already adopted that expressly exclude or do not mention the pursuit of such activities on an itinerant basis.
Article 3
1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof that they have not previously been declared bankrupt, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the Member State of origin or the Member State whence the foreign national comes showing that these requirements have been met.
2. Where a host Member State imposes on its own nationals wishing to take up one of the activities referred to in Article 2, certain requirements as to good repute, and proof that such requirements are satisfied cannot be obtained from the document referred to in paragraph 1, that State shall accept as sufficient evidence in respect of nationals of other Member States, a certificate issued by a competent judicial or administrative authority in the country of origin or in the country whence the foreign national comes, showing that the requirements in question have been met. Such certificate shall relate to the specific facts regarded as relevant by the host country.
3. Where the country of origin or the country whence the foreign national comes does not issue the document referred to in paragraph 1 or the certificate referred to in paragraph 2 furnishing proof of good repute or proof of no previous bankruptcy, such proof may be replaced by a declaration on oath - or, in a State where there is no provision for declaration on oath, by a solemn declaration - made by the person concerned before a competent judicial or administrative authority, or where appropriate, a notary, in the country of origin or the country whence that person comes ; such authority or notary will issue a certificate attesting the authenticity of the declaration on oath or solemn declaration. The declaration in respect of no previous bankruptcy may also be made before a competent professional or trade body in the said country. (1)OJ No L 257, 19.10.1968, p. 2.
4. Documents issued in accordance with paragraphs 1, 2 and 3 may not be produced more than three months after their date of issue.
5. Member States shall, within the time limit laid down in Article 12, designate the authorities and bodies competent to issue the documents referred to in paragraphs 1, 2 and 3 of this Article and shall forthwith inform the other Member States and the Commission thereof.
6. Where in the host Member State proof of financial standing is required, that State shall regard certificates issued by banks in the Member State of origin or in the country whence the foreign national comes as equivalent to certificates issued in its own territory.
Article 4
Member States in which the taking up or pursuit of any activity referred to in Article 2 is subject to possession of certain qualifications shall ensure that any beneficiary who applies therefor be provided, before he establishes himself or before he begins to pursue any activity on a temporary basis, with information as to the rules governing the occupation which he proposes to pursue.
Article 5
1. Where in a Member State the taking up or pursuit of any activity referred to in Article 2 is subject to possession of general, commercial, or professional knowledge and ability, that Member State shall, subject to Article 6, accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods: (a) three consecutive years either in an independent capacity or in a managerial capacity ; or
(b) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received previous training, attested by a certificate recognized by the State or regarded by the competent professional or trade body as fully satisfying its requirements ; or
(c) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary proves that he has pursued the activity in question for at least three years in an non-independent capacity ; or
(d) three consecutive years in a non-independent capacity, where the beneficiary proves that for the activity in question he has received previous training, attested by a certificate recognized by the State or regarded by a competent professional or trade body as fully satisfying its requirements.
The host Member State may require of nationals of other Member States, in so far as it so requires of its own nationals, that the activity in question should have been pursued, and vocational training received, in the same branch of trade (or in a related branch) as that in which the beneficiary wishes to establish himself in the host Member State.
2. In the cases referred to in paragraph 1 (a) and (c), pursuit of the activity in question shall not have ceased more than 10 years before the date on which the application provided for in Article 8 is made. However, where a shorter period is laid down in a Member State for its own nationals, that period may also be applied in respect of beneficiaries.
Article 6
1. Notwithstanding Article 5, where in a Member State any activity referred to in Article 2 is regarded as being of an industrial or small craft nature and where the taking up or pursuit of such activity is subject to possession of general, commercial or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods: (a) six consecutive years either in an independent capacity or in a managerial capacity ; or
(b) three consecutive years either in an independent capacity or in a managerial capacity, where the beneficiary proves that for the activity in question he has received at least three years' previous training, attested by a certificate recognized by the State or regarded by the competent professional or trade body as fully satisfying its requirements ; or
(c) three consecutive years in an independent capacity, where the beneficiary proves that the has pursued the activity in question for at least five years in a non-independent capacity ; or
(d) five consecutive years in a managerial capacity, not less than three years of which were spent in technical posts with responsibility for one or more departments of the undertaking, where the beneficiary proves that for the activity in question he has received at least three years' previous training, attested by a certificate recognized by the State or regarded by the competent professional or trade body as fully satisfying its requirements.
2. In the cases referred to in paragraph 1 (a) and (c), pursuit of the activity shall not have ceased more than 10 years before the date when the application provided for in Article 8 is made. However, where a shorter period is laid down in a Member State for its own nationals that period may also be applied in respect of beneficiaries.
Article 7
A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 5 and 6 if he has pursued such an activity in an industrial or commercial undertaking in the occupational field in question: (a) as manager of an undertaking or manager of a branch of an undertaking ; or
(b) as deputy to the proprietor or to the manager of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented ; or
(c) in a managerial post with duties of a commercial nature and with responsibility for at least one department of the undertaking.
Article 8
Proof that the conditions laid down in Articles 5 and 6 are satisfied shall be established by a certificate issued by a competent authority or body in the Member State of origin or Member State whence the person concerned comes, which the latter shall submit in support of his application for authorization to pursue the activity or activities in question in the host Member State.
Article 9
For the purpose of applying Article 6 and in so far as is necessary: 1. Member States in which the taking up or pursuit of any activity referred to in Article 2 is subject to possession of general, commercial or professional knowledge and ability shall, with the assistance of the Commission, inform the other Member States of the main characteristics of that occupation;
2. the competent authority designated for this purpose by the Member State of origin or the State whence the beneficiary comes shall certify what professional or trade activities were actually pursued by the beneficiary and the duration of those activities. Certificates shall be drawn up having regard to the official description of the occupation in question supplied by the Member State in which the beneficiary wishes to pursue such occupation, whether permanently or temporarily;
3. the host Member State shall grant authorization to pursue the activity in question on application by the person concerned, provided that the activity certified conforms to the main features of the description of the occupation communicated pursuant to point 1 and provided that any other requirements laid down by the rules of that State are satisfied.
Article 10
Member States shall, within the time limit laid down in Article 12, designate the authorities and bodies competent to issue the certificates referred to in Articles 8 and 9 and shall forthwith inform the other Member States and the Commission thereof.
Article 11
The transitional provisions laid down in this Directive shall remain applicable until the entry into force of provisions relating to the coordination of national rules concerning the taking up and pursuit of the activities in question.
Article 12
Member States shall bring into force the measures necessary to comply with this Directive within 12 months of its notification and shall forthwith inform the Commission thereof.
Article 13
Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 14
This Directive is addressed to the Member States.
Done at Luxembourg, 16 June 1975. | [
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COMMISSION REGULATION (EU) No 20/2010
of 12 January 2010
entering a name in the register of protected designations of origin and protected geographical indications [Arzùa-Ulloa (PDO)]
THE EUROPEAN COMMISSION,
Having regard to Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 7(4) thereof,
Whereas:
(1)
In accordance with the first subparagraph of Article 6(2) and Article 17(2) of Regulation (EC) No 510/2006, the application by Spain to register the name ‘Arzùa-Ulloa’ was published in the Official Journal of the European Union (2).
(2)
As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the Register.
Article 2
This Regulation shall enter into force on the 20th 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, 12 January 2010. | [
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COMMISSION DECISION of 5 November 1998 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(1998) 3332) (Text with EEA relevance) (98/648/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 (1), as last amended by Council Directive 97/79/EC (2), and in particular Article 16(3) thereof,
Whereas Commission Decision 97/217/EC (3) 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;
Whereas the animal health conditions and veterinary certification for imports of domestic animals of the bovine and porcine species from certain European countries, were established by Commission Decision 98/372/EC (4), as last amended by Commission Decision 98/505/EC (5);
Whereas due to classical swine fever persistence in the feral pig population some restrictions are established for imports of live pigs from some parts of the Czech Republic;
Whereas the same regionalisation should be applicable to imports of wild boar meat from the Czech Republic;
Whereas health restrictions were applied by the European Community to some zones of Croatia due to certain problems concerning the veterinary controls in those parts; whereas following a recent Community veterinary mission, it appears that the Croatian veterinary services control satisfactorily the whole country;
Whereas, as a result, it is approriate to make possible the importation of game meat from the whole of Croatia;
Whereas the control of animal health diseases in some zones of Zimbabwe is satisfactory; whereas, therefore, it is appropriate to make possible the importation of cloven-hoofed and wild soliped game meat from these parts of Zimbabwe;
Whereas it is therefore necessary to amend Commission Decision 97/217/EC;
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 97/217/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 5 November 1998. | [
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*****
COUNCIL DECISION
of 20 February 1989
concerning the provisional application of the Agreed Minutes modifying the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products
(89/231/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas pending the completion of the procedures necessary for its conclusion, the Agreement between the European Economic Community and the Kingdom of Thailand on trade in textile products, initialled on 28 June 1986, has been provisionally applied since 1 January 1987 in accordance, having regard to the Community, with Decision 87/460/EEC (1);
Whereas that Agreement provides for the possibility of re-examining quantitative adjustments to the quotas for certain categories, in order to allow for the introduction of the harmonized system;
Whereas, at the end of consultations between the Community and the Kingdom of Thailand an Agreed Minute modifying the quota on category 4 products provided for in the Agreement was initialled on 25 March 1988;
Whereas at the end of further consultations, an Agreed Minute accompanied by an Addendum modifying the quotas on products of categories 4, 5, 6, 7, 8, 21, 74 and 75 provided for in the Agreement was initialled on 21 April 1988;
Whereas pending the completion of the procedures necessary for the conclusion of the Agreement and the Agreed Minutes, the Agreed Minutes should be applied provisionally, with effect from 1 January 1988, provided that there is a reciprocal provisional application on the part of the Kingdom of Thailand,
HAS DECIDED AS FOLLOWS:
Article 1
Pending the completion of the procedures necessary for its conclusion, the Agreed Minutes modifying the Agreement on trade in textile products between the European Economic Community and the Kingdom of Thailand shall be applied provisionally in the Community, with effect from 1 January 1988, provided that there is reciprocal provisional application on the part of the Kingdom of Thailand.
The texts of the Agreed Minutes are attached to this Decision.
Article 2
The Commission is invited to seek the agreement of the Government of the Kingdom of Thailand on the provisional application of the Agreed Minutes referred to in Article 1 and to notify the Council thereof.
Done at Brussels, 20 February 1989. | [
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Commission Regulation (EC) No 1826/2001
of 17 September 2001
prohibiting fishing for monkfish by vessels flying the flag of the Netherlands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2848/2000 of 15 December 2000 fixing for 2001 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3), as amended by Commission Regulation (EC) No 1666/2001(4), lays down quotas for monkfish for 2001.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of monkfish in the waters of ICES division VIIIa, b, d, e by vessels flying the flag of the Netherlands or registered in the Netherlands have exhausted the quota for 2001. The Netherlands has prohibited fishing for this stock from 31 July 2001. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of monkfish in the waters of ICES division VIIIa, b, d, e by vessels flying the flag of the Netherlands or registered in the Netherlands are hereby deemed to have exhausted the quota allocated to the Netherlands for 2001.
Fishing for monkfish in the waters of ICES division VIIIa, b, d, e by vessels flying the flag of the Netherlands or registered in the Netherlands is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 31 July 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 2001. | [
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*****
COMMISSION DECISION
of 30 June 1989
adjusting the weightings applicable from 1 June 1989 and correcting the Commission Decision adjusting the weightings applicable from 1 May 1989 to the remuneration of officials of the European Communities serving in non-member countries
(89/430/EEC, Euratom, ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regad to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to Staff Regulations of Officials of the European Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 3982/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EEC, Euratom, ECSC) No 702/89 (3) laid down the weightings to be applied from 1 January 1989 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;
Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);
Whereas some of these weightings should be adjusted with effect from 1 June 1989 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted;
Whereas Commission Decision 89/316/EEC, Euratom, ECSC (5) adjusting the weightings applicable from 1 May 1989 needs to be corrected,
HAS DECIDED AS FOLLOWS:
Article 1
With effect from 1 June 1989 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.
Article 2
With effect from 1 May 1989 the weightings applicable to the remuneration of officials serving in Mauritania and Senegal payable in the currency of the country employment are readjusted as follows:
- Mauritania: 118,91,
- Senegal: 114,99.
Article 3
The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.
Done at Brussels, 30 June 1989. | [
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Commission Regulation (EC) No 144/2004
of 28 January 2004
opening a standing invitation to tender for the resale on the Community market of wheat held by the French intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), and in particular Article 5 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2131/93 of 28 July 1998 laying down the procedure and conditions for the sale of cereals held by intervention agencies(2) provides in particular that cereals held by intervention agencies are to be sold by tendering procedure at prices preventing market disturbance.
(2) France still has intervention stocks of wheat.
(3) Because of the difficult weather conditions in much of the Community, cereals production has been significantly reduced in the 2003/04 marketing year. This situation has resulted in high prices locally, causing particular difficulties for livestock holdings and the feedingstuffs industry, which are finding it hard to obtain supplies at competitive prices.
(4) It is therefore appropriate to make stocks of wheat held by the French intervention agency available on the internal market.
(5) To take account of the situation on the Community market, provision should be made for the Commission to manage this invitation to tender.
(6) When the French intervention agency notifies the Commission, the tenderers should remain anonymous.
(7) With a view to modernising management, the information required by the Commission should be sent by electronic mail.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The French intervention agency shall open a standing invitation to tender for the sale on the Community market of 200000 tonnes of wheat held by it.
Article 2
The sale provided for in Article 1 shall take place in accordance with Regulation (EEC) No 2131/93.
However, notwithstanding that Regulation:
(a) tenders shall be drawn up on the basis of the actual quality of the lot to which they apply;
(b) the minimum selling price shall be set at a level which does not disturb the cereals market.
Article 3
Notwithstanding Article 13(4) of Regulation (EEC) No 2131/93 the tender security is set at EUR 10 per tonne.
Article 4
1. The closing date for the submission of tenders for the first partial invitation to tender shall be 5 February 2004 at 09.00 (Brussels time).
The closing dates for the submission of tenders for subsequent partial invitations to tender shall be each Thursday at 09.00 (Brussels time), with the exception of 8 April and 20 May 2004.
The closing date for the submission of tenders for the last partial tendering procedure shall be 24 June 2004 at 09.00 (Brussels time).
2. Tenders must be lodged with the French intervention agency: Office national interprofessionel des céréales 21, avenue Bosquet F - 75341 Paris Cedex 07 Fax (33) 144 18 20 80
Article 5
Within two hours of the expiry of the time limit for the submission of tenders, the French intervention agency shall notify the Commission of tenders received. They must be sent by electronic mail in accordance with the form set out in the Annex.
Article 6
In accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, the Commission shall set the minimum sale price or decide not to accept the tenders.
Article 7
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, 28 January 2004. | [
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COMMISSION REGULATION (EC) No 1298/98 of 23 June 1998 amending Regulation (EC) No 577/97 laying down certain detailed rules for the application of Council Regulation (EC) No 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No 1898/87 on the protection of designations used in the marketing of milk and milk products (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2991/94 of 5 December 1994 laying down standards for spreadable fats (1), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 1898/87 of 2 July 1987 on the protection of designations used in the marketing of milk and milk products (2), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 4(2) thereof,
Whereas Commission Regulation (EC) No 577/97 (3), as last amended by Regulation (EC) No 623/98 (4), provides for a period allowing experience to be had of the method for verifying the fat content declaration as described in Annex II, before its application;
Whereas, to allow for a more detailed examination of the viability of the method in the light of the difficulties notified by the economic operators in implementing it, the date from which the method is to apply must be postponed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees concerned,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 577/97 is amended as follows:
In Article 2(3) the date '1 July 1998` is replaced by '1 January 1999`.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 1998. | [
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Commission Regulation (EC) No 458/2002
of 14 March 2002
fixing the representative prices and the additional import duties for molasses 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 1260/2001 of 19 June 2001 on the common organisation of the market in sugar(1),
Having regard to Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68(2), and in particular Article 1(2) and Article 3(1) thereof,
Whereas:
(1) Regulation (EC) No 1422/95 stipulates that the cif import price for molasses, hereinafter referred to as the "representative price", should be set in accordance with Commission Regulation (EEC) No 785/68(3). That price should be fixed for the standard quality defined in Article 1 of the above Regulation.
(2) The representative price for molasses is calculated at the frontier crossing point into the Community, in this case Amsterdam; that price must be based on the most favourable purchasing opportunities on the world market established on the basis of the quotations or prices on that market adjusted for any deviations from the standard quality. The standard quality for molasses is defined in Regulation (EEC) No 785/68.
(3) When the most favourable purchasing opportunities on the world market are being established, account must be taken of all available information on offers on the world market, on the prices recorded on important third-country markets and on sales concluded in international trade of which the Commission is aware, either directly or through the Member States. Under Article 7 of Regulation (EEC) No 785/68, the Commission may for this purpose take an average of several prices as a basis, provided that this average is representative of actual market trends.
(4) The information must be disregarded if the goods concerned are not of sound and fair marketable quality or if the price quoted in the offer relates only to a small quantity that is not representative of the market. Offer prices which can be regarded as not representative of actual market trends must also be disregarded.
(5) If information on molasses of the standard quality is to be comparable, prices must, depending on the quality of the molasses offered, be increased or reduced in the light of the results achieved by applying Article 6 of Regulation (EEC) No 785/68.
(6) A representative price may be left unchanged by way of exception for a limited period if the offer price which served as a basis for the previous calculation of the representative price is not available to the Commission and if the offer prices which are available and which appear not to be sufficiently representative of actual market trends would entail sudden and considerable changes in the representative price.
(7) Where there is a difference between the trigger price for the product in question and the representative price, additional import duties should be fixed under the conditions set out in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(8) Application of these provisions will have the effect of fixing the representative prices and the additional import duties for the products in question as set out in the Annex to this Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 15 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 March 2002. | [
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COMMISSION DECISION
of 16 September 1998
authorising subject to conditions, aid granted by Italy to Società Italiana per Condotte d'Acqua SpA
(notified under document number C(1998) 2858)
(Only the Italian text is authentic)
(Text with EEA relevance)
(1999/338/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having given notice to the parties concerned to submit their comments(1), in accordance with the aforementioned provisions,
Whereas:
I
Società Italiana per Condotte d'Acqua SpA (Condotte) is a company operating in engineering and civil infrastructure construction (roads, railways, etc.); it was previously the property of Iritecna SpA (Iritecna), a wholly owned subsidiary of IRI SpA (IRI), which was in its turn wholly owned by the Italian Treasury. In 1993 IRI, which wished to restructure its engineering and construction activities, decided:
- to put Iritecna into liquidation, at a total cost of ITL 4490 billion (ECU 2,3 billion), and
- to set up a subholding company, Fintecna (Fintecna), which was to privatise Iritecna's profitable businesses.
Condotte recorded losses totalling ITL 152 billion over the period from 1991 to 1994. Its gross profit margin fell from 11 % of turnover in 1991 to 4,5 % in 1994, with a low point of 2 % in 1993. The shareholders repeatedly had to make up the company's losses, at a total cost of more than ITL 118 billion (ECU 61 billion).
Despite its losses, Condotte was considered to be potentially attractive to private investors, largely because of the size of its order-book; the main items in the order-book derived from Condotte's membership of the Iricav 1 and Iricav 2 consortia, the contractors for the Rome-Naples and Verona-Venice stretches of the projected Italian high-speed rail network. Iritecna's controlling stake in Condone, which amounted at that time to 91,7 %, was accordingly transferred to Fintecna, with a view to privatisation.
The restructuring measures which Condotte now undertook, reducing its workforce from 1500 to less than 1000, writing down the value of work in hand, etc., together with the prospects generated by the resumption of work on the high-speed rail network, led Fintecna to believe that Condotte could be privatised as early as 1995; and this was expressly provided for in the plan for the restructuring of Iritecna which was submitted to the Commission. At the end of 1994 an adviser was appointed to select potential buyers for Condotte.
By Decision 95/524/EC(2) (the Decision) the Commission declared that the aid granted to Iritecna and Fintecna in connection with the Iritecna liquidation was compatible with the common market. The Decision also authorised Iritecna to cover Condotte's losses up to 31 December 1994, which amounted to ITL 110 billion, or ECU 56,4 million.
Article 1 of the Decision required compliance with the restructuring plan approved by the Commission, which among other things called for the privatisation of Fintecna's subsidiaries, including Condotte, within a reasonable time limit and without further State aid.
After the Decision was adopted, however, the Italian Government informed the Commission that the sale of Condotte had been suspended in order to allow time for an assessment of the legal implications of guarantees given by IRI in connection with the high-speed rail network project.
When that assessment was completed in November 1995, the procedure for the sale of Condotte was set in motion once again, the objective now being to sell off a minority holding: the whole of the capital was to be sold only when IRI had discharged the guarantees for the work on the high-speed rail network.
In the mean time Condotte continued to record substantial losses: these reached ITL 71 billion (ECU 36 million) in 1995, falling to ITL 21 billion (ECU 11 million) in 1996.
In order to replenish Condotte's share capital, which had been eroded by its losses, Fintecna was obliged to provide fresh funding of ITL 65 billion in March 1996 (ECU 33 million) and a further ITL 7 billion (ECU 4 million) in December 1996. As a result of these transactions Fintecna's holding in Condotte increased to 95,8 % of the capital.
On 24 June 1997, in response to a request from the Commission, the Italian authorities informed it of the measures taken to replenish Condotte's share capital and reported that negotiations for the sale of the company had resumed. The Italian authorities took the view that Fintecna's funding of Condotte must be considered a duty (atto dovuto) within the meaning of the Civil Code, as Condotte would otherwise have had to be put into liquidation.
Finally, in March 1997, Fintecna sold 45,7 % of the capital in Condotte to a private investor, Ferrocemento SpA (Ferrocemento); the contract of sale includes the following clauses:
(a) Fintecna gives Ferrocemento an option to buy the remaining shares at a predetermined price, and Ferrocemento gives Fintecna an option to sell them at the same price; these options are valid until six months after the expiry of IRI's guarantees on the work on the high-speed rail network or, in the event of early discharge by IRI itself, until 30 June 1999;
(b) the sale price is based on a valuation of ITL 100 billion (ECU 51 million) for Condotte;
(c) Fintecna must replenish Condotte's share capital to bring it up to ITL 40 billion at the time of the transfer;
(d) Fintecna is to have no further interest in Condotte's trading results from the time of the transfer of 45,7 % of the shares, this being achieved by means of a compensation mechanism which adjusts the selling price for the remaining 50,1 % of the capital.
In June 1997, in order to comply with the clause requiring it to replenish Condotte's share capital, Fintecna provided further funding of ITL 33 billion (ECU 17 million).
The Commission now decided to initiate proceedings under Article 93(2) of the Treaty in respect of the fresh capital contributed in the years from 1995 to 1997, the unsatisfactory restructuring measures taken, and the terms of the privatisation of the company, which appeared to conflict with the conditions laid down in the Decision. The Commission informed the Italian Government of its decision to initiate proceedings by letter of l August 1997(3).
The Italian Government submitted formal observations by letter of 20 October 1997.
No other Member State or interested party submitted observations within the time allowed. By letter of 1 December 1997 the Commission requested more information from the Italian authorities. That information was supplied in a letter of 22 January 1998, and at a meeting which took place in Rome on 20 January 1998. The Italian authorities provided further particulars by letters of 10 and 12 February. Lastly, on 5 May the Commission received a copy of the company's balance sheet as at 31 December 1997 and its industrial plan for the period 1998 to 2000.
The information furnished by the Italian authorities showed that on 17 December 1997 Fintecna had provided Condotte with a further capital injection amounting to ITL 58 billion (ECU 30 million) as an adjustment for the purchaser, following further falls in the value of Condotte's assets. With this injection, the total funding provided by Fintecna to Condotte after 1994 was brought up to ITL 163 billion (ECU 84 million).
II
In its observations the Italian Government argues:
(i) that the Decision makes provision for injections of fresh capital into Condotte;
(ii) that Fintecna provided the fresh capital out of its own resources and acted as a private investor would have done, so that the money does not constitute State aid,
(iii) that there has been no infringement of the conditions imposed by the Decision.
The Italian Government further argues that, if the measures referred to are to be considered State aid, they should in any event be declared compatible with the common market under Article 92(3) of the Treaty.
As regards point (i), the Italian Government contends that at the time of the Decision the Commission was already aware of the need for further funding of the company in order to allow privatisation to take place and that the Commission was informed in good time of each of the recapitalisation operations at Condotte and of the progress of the sale of the company.
The restructuring plan approved in the Decision provided that sound businesses, and those that could be returned to a sound footing, were to be transferred to Fintecna with a view to privatisation. The Italian Government argues, therefore, that the Decision allowed for the need to finance a measure of restructuring, particularly in the construction industry, which is the industry in which Condotte operates.
After the Decision, the Italian Government contends, both Fintecna and its parent IRI kept the Commission regularly informed of the progress of the privatisation process. At a meeting in Rome in June 1997, for example, IRI and Fintecna supplied all the information needed for an assessment of the facts which now form the basis of the Article 93(2) proceedings.
As regards point (ii), the Italian Government argues that Fintecna helped Condotte using resources generated by Fintecna's own activities, without any contribution on the part of the State, and that Fintecna acted in accordance with the private investor principle, so that its action cannot be considered State aid.
The Italian Government states that Fintecna compared the cost of putting Condotte into liquidation with the cost of recapitalising and privatising it. Where the foreseeable cost of a liquidation exceeds that of recapitalisation and sale of the company, the Italian Government argues, there is no State aid caught by Article 92(1).
The Italian Government states in particular that Fintecna estimated the cost of putting Condotte into liquidation at ITL 600 billion, if the company were wound up in an orderly fashion, and at ITL 2700 billion, if it were wound up in free fall. Fintecna concluded that it would be preferable to recapitalise Condotte and to keep it in operation pending privatisation. With that end in view, Fintecna behaved as a private investor would have done, and the funds it injected into Condotte do not constitute State aid.
As regards point (iii), the Italian Government maintains that it has complied with all the conditions imposed by the Decision, with particular reference to the total cost of restructuring, the commitment to restructure the group, and the privatisation of Condotte.
On the total cost of the plan approved by the Commission, the Italian Government points out that the Decision authorised a total of ITL 4490 billion in aid, ITL 1090 billion being money already given to subsidiaries, including Condotte, in the period 1991 to 1993, and ITL 3400 billion being the estimated cost of putting Iritecna into liquidation, after deduction of ITL 1653 billion in proceeds from sales by Fintecna.
As things stand at present, the Italian authorities expect that the final cost will be less than the maximum just mentioned, despite the lower returns on the sale of Condotte: the Decision has thus been complied with.
Turning to the restructuring operations provided for in the Decision, the Italian Government argues that the action taken does in reality comply with the plan approved by the Commission. As regards the reduction in the workforce (and thus indirectly in production capacity), the forecast figures which the Commission cites in the letter initiating proceedings refer to the active workforce engaged on open-ended contracts, while the figures taken from the annual reports include other staff, such as those on fixed-term contracts and those laid off under the "Cassa integrazione guadagni" wage compensation scheme.
The Italian Government argues that the decline in Condotte's performance as compared with the forecasts in the plan, which called for net profits of ITL 19 billion in 1995 and ITL 40 billion in 1996, was due to worsening market conditions, and not to a failure to restructure the company.
The Italian Government contends that the results obtained by Condotte in 1995 and 1996 cannot be compared directly with the restructuring plan which the Commission approved in the Decision. The failure to achieve the turnover called for in the plan caused a reduction of ITL 130 billion in Condotte's gross margin over the two years. A number of non-operational items amounting to ITL 46 billion have to be added to that negative effect - items which were not foreseeable at the time the plan was drawn up; once this has been done, it can be seen that the restructuring effort provided for has actually been exceeded.
On the obligation to privatise laid down in the Decision, the Italian Government points out:
- that the same question is currently before the Court of First Instance of the European Communities,
- that in any event Fintecna complied with the condition, having sold Condotte within a "reasonable time limit" as required by the Decision.
When it initiated the proceedings, the Commission argued that on the basis of the information at its disposal the sale of Condotte could not be considered a genuine privatisation: out of the shares in its possession Fintecna had sold only 45,7 % and had kept 50,1 % (the remaining 4,2 % is quoted on the Milan Stock Exchange).
The Italian Government argues that the privatisation of Condotte must be considered genuine and definitive. The sale of 45,7 % is linked to specific contractual clauses which make the sale of the remaining 50,1 % inevitable. The decision to sell the company in two instalments is due to the presence of a contractual clause in the agreement between the high-speed rail company TAV and the Iricav consortium, of which Condone is a member. The consortium has won the contracts awarded by TAV for the building of the Rome-Naples stretch of the high-speed network. The clause requires IRI to preserve its "majority participation" in the consortium until the work is completed.
According to the Italian Government, that clause could be cancelled by agreement between the Iricav consortium and TAV. In that event the contract for the sale of Condotte would already entitle Fintecna to sell the remainder of its holding.
In support of its claim that the sale of Condotte has to be considered definitive, the Italian Government cites two other points:
- the fact that the Italian competition authority, the "Autorità garante della concorrenza e del mercato", found in the course of its own inquiry that, although the sale related to only 45,7 % of the capital, it nevertheless directly transferred managerial responsibility to the purchaser,
- the fact that the auditors certifying Condotte's accounts intended to exclude the company's 1997 results from Fintecna's consolidated accounts on the grounds that there was no effective control.
The Decision also required that the privatisation of Condotte be carried out without further aid. The Italian Government maintains that the financing that Fintecna gave to Condotte after 1994, amounting to some ITL 163 billion (about ECU 84 million), should not be considered State aid within the scope of Article 92, on the grounds explained with reference to point (ii). Alternatively, any aid should be considered compatible with the common market because:
- the financing was provided in connection with a restructuring plan aimed at restoring the company to profitability, something which is confirmed by its privatisation,
- the funds were limited to what was strictly necessary to ensure that Condotte returned to market viability.
III
In the light of what has been said, it will first have to be determined whether or not the measures described infringe the conditions laid down in the Decision. If they do, the question of the compatibility of the aid given to Condotte up to 1994, which was approved in that Decision, will have to be reconsidered. In order to determine whether the conditions laid down in Article 1(4) and (5) of the Decision have been complied with, it will also have to be established whether the funds given to Condotte after 1994 constitute State aid caught by Article 92 of the Treaty, and, if more State aid has in fact been granted, it will then have to be considered whether the aid measures for Condotte, taken as a whole, are compatible with the common market.
As has been explained, the Decision found that the aid granted to Condotte up to 1994 (ITL 110 billion or ECU 56 million) was compatible with the common market subject to a series of conditions, including the following:
(i) Condotte was to carry out the measures called for in the restructuring plan approved by the Commission;
(ii) Fintecna and its subsidiaries, including Condotte, were to be privatised in accordance with the timescale submitted to the Commission, and in any case within a reasonable time limit;
(iii) the income from the sale of companies was not to be used to assist companies in difficulty which had not yet been sold;
(iv) no further State aid was to be granted in connection with the privatisations.
(i) The obligation to carry out the restructuring measures called for in the plan
In the decision initiating the Article 93(2) proceedings, the Commission argued that the reorganisation of Condotte called for by the restructuring plan had not been completed. In particular, it observed that:
- the number of employees on open-ended contracts had increased in the period 1994 to 1996 from 383 to 431 (or 513 including Metroroma, which was taken over in 1996),
- this increase in staff coincided with a very unfavourable economic situation, with losses of ITL 71 billion in 1995 and ITL 21 billion in 1996.
In its observations the Italian Government contends that the figures used by the Commission include workers who are entered on the company's personnel register (libro matricola) but are not actually working, such as those laid off under the Cassa integrazione guadagni scheme. According to the Italian Government, comparing comparable figures gives the following picture:
TABLE
According to the Italian Government, these figures show that the efficiency objective in the plan has been achieved.
To make a proper comparison, however, the figure that must be looked at is the average number of employees over the year (estimated on the basis of the arithmetic average of the end-of-year figures for two successive years):
TABLE
It will be seen that only in 1994 was the real average figure in line with the restructuring plan; subsequently, in both 1995 and 1996, it easily exceeded what was laid down in the plan.
At the same time, and partly as a consequence, Condotte's financial results were heavily negative, in contrast to what had been provided for in the plan. The plan anticipated a net profit of ITL 19 billion in 1995, when there was in fact a net loss of ITL 71 billion, and a net profit of ITL 40 billion in 1996, when there was in fact a net loss of ITL 21 billion. In 1997, whereas the plan anticipated a net profit of ITL 37 billion, the company in fact made a loss of ITL 78 billion.
It is not sufficient to say here, as the Italian Government does, that the worsening situation was due to an unforeseeable decline in the market. The plan provided that beginning in 1995, the internal restructuring measures would enable Condotte to achieve a gross industrial margin, before structural costs, equal to 7 % of turnover. In theory, that margin would have allowed the company's losses to be contained at roughly ITL 20 billion in 1995, despite the fall in revenue that actually took place.
With an industrial margin of 7 % the Commission took the view that, even with a pessimistic forecast of the market (which proved to be justified) the company would be able to maintain a substantial economic balance without resort to further capital injections. In fact Condotte's 1995 industrial margin was negative and indeed it made a net loss in excess of its corporate assets.
However, in 1996 and above all in 1997 Condotte undertook a more stringent effort than that in the plan that had been approved, in order to deal with the manifest deterioration in market conditions. The period 1995 to 1997 proved to be one of the most difficult periods experienced by the construction sector in Italy (where Condotte generates over 70 % of its income).
Despite adverse trading conditions, Condotte maintained an adequate operating profit margin and reduced its structural costs more drastically than assumed in the restructuring plan approved by the Commission. As can be seen from Table 1 its 1996 gross margin reached 12 % of net turnover, compared with the figure of 7 % anticipated in the plan. In 1997, its structural costs were around 20 % below those anticipated in the plan, as a result of further restructuring measures adopted by the enterprise.
Table 1
Condotte's financial results
TABLE
Much of the company's net losses in the period resulted from writing down assets in line with the smaller margins which were capable of being generated on work in progress and work already completed.
Moreover, Condotte's rationalisation measures continued into the first months of 1998; headquarters staff was further cut from 110 as at 31 December 1997 to 105 as at 27 March 1998 (they had numbered 185 on 31 December 1996). Managerial staff, with an appreciably higher unit cost, was cut from 25 as at 31 December 1997 to 19 as at 27 March 1998.
It can be concluded that the condition imposed by Article 1(2) of the Decision has been complied with, more especially in view of the action taken by the company to contend with a market less favourable than that anticipated in the restructuring plan.
(ii) The obligation to privatise Condotte in accordance with the timescale submitted or, in any case, within a reasonable time limit
One of the factors which was felt to justify the Decision was the Italian Government's undertaking to privatise Condotte rapidly in accordance with the restructuring plan; on the basis of the information submitted it was considered in the Decision that privatisation would be possible in a very short time(4). The intention to sell off Condotte rapidly was considered a major factor in the assessment of the aid granted to Iritecna, among other things, in view of the enormous aid given to Iritecna's construction sector up to that time.
The Commission accepted that some restructuring of the construction sector was still going on at the time of the Decision but, in the light of the Iritecna plan, it expected that this "should be completed by the end of 1995"(5), allowing the companies to be sold off. For this reason, Article 1(3) and (5) of the Decision expressly required that Fintecna's subsidiaries be privatised in accordance with the timescale submitted to the Commission or, in any event, within a reasonable time and that no further State aid be given.
But the procedure for the sale of the companies was suspended shortly after the Decision was adopted, and set in motion again only in November 1995. According to the Italian Government, this was because of the need to study the legal implications of the contractual guarantees given by IRI for the work on the high-speed rail network.
Only in March 1997 was a contract concluded for the sale to Ferrocemento of 45,7 % of Condotte's capital belonging to Fintecna. When it initiated proceedings, the Commission did not have sufficient information to be able to establish whether the sale could be considered genuine and irreversible so as to satisfy the requirements of the Decision. The Commission raised doubts regarding the following aspects in particular:
- the transfer from Fintecna to the buyer power to appoint the management,
- the financial implications for Fintecna of any further losses by Condotte,
- the terms of the transfer of the remaining 50,1 % of the capital,
- the possibility that the IRI guarantees in respect of the high-speed rail network contracts might have to be met.
In its reply, the Italian Government has supplied sufficient information to dispel the doubts raised by the Commission.
As regards the transfer of managerial power, the buyer is given the responsibility for appointing the managing director (amministratore delegato), who has the power to manage the company subject to the authorisation of the board of directors (consiglio di amministrazione). The only restrictions relate to acts which might be damaging to Fintecna or IRI in connection with the work on the high-speed rail network. The board of directors itself is made up of seven members, three of them, including the managing director, being appointed by Ferrocemento, three by Fintecna, and the chairman by Ferrocemento subject to Fintecna's agreement.
On the basis of this information, it can be concluded that the buyer takes over from Fintecna full power to manage Condotte.
Turning now to the possibility that future losses by Condotte might have to be borne by Fintecna, the contract establishes a complex mechanism for the adjustment of the selling price for the 50,1 % of the share capital remaining with Fintecna; this has the result of excluding Fintecna itself from any financial burdens whatsoever deriving from operating losses by Condotte.
The selling price for the 50,1 % is set at ITL 50,1 billion, but this is to be adjusted to include:
- the portion borne by Fintecna in any further capital increase, whether or not intended to cover losses made after the transfer of the shares (to be added to the price),
- the portion accruing to Fintecna in any profits made by Condotte and distributed to the shareholders after the transfer of the shares (to be subtracted from the price),
- any payments by Fintecna to cover losses made by Condotte after the reference date laid down in the contract (to be added to the price).
All of the items described, including the selling price, are indexed from the date of the particular transaction to the date of transfer of the remaining 50,1 % of the capital, at a rate of interest laid down in the contract.
On the basis of this information, it can be confirmed that Fintecna will not bear the financial effects of any further losses by Condotte. It is clear, then, that Fintecna will no longer be liable for the company's operating losses. From the point of view of liability, the privatisation of Condotte can be regarded as complete even though Fintecna continues to hold the majority of the share capital.
The contract lays down the following mechanism for the transfer of the remaining 50,1 % of the share capital to Ferrocemento:
- Fintecna is entitled to transfer its 50,1 % to Ferrocemento at the predetermined price between 1 January and 30 June 1999 or until six months after the discharge by IRI of the guarantees for the high-speed rail network,
- Ferrocemento is entitled to acquire the 50,1 % in Fintecna at the predetermined price at any time from the date of discharge of the guarantees referred to until 30 June 1999 or until six months from the date of discharge of the guarantees by IRI.
It transpires from this that there is no legal obligation on the parties to complete the transfer of Condotte. Each party is entitled to call for completion of the sale, and only if one exercises its right is the other obliged to complete the transaction. It might conceivably happen that neither party exercises its right: in that case the transfer of Condotte would not be completed, and the condition laid down in the Decision would not have been complied with.
However, the Italian Government has given an undertaking that Fintecna will transfer the remaining holding in Condotte on the contractual conditions, with particular reference to the deadlines for the exercise of the option itself. In view of that commitment Fintecna's remaining holding in Condotte can be considered a temporary one only, serving merely to protect IRI with respect to the guarantees it gave in connection with the contracts for the high-speed rail network regarding the acquirer's possible failure to complete.
Despite the fact, then, that Fintecna continues to hold 50,1 % of Condotte, the condition laid down in Article 1(3) of the Decision has been complied with. The delays in the sale were due to circumstances beyond Fintecna's control (the contractual clause in respect of the work on the high-speed rail network); as far as was in its power, Fintecna acted with the objective of privatising Condotte as rapidly as possible. That objective has been achieved, as was explained, by virtue of the clauses in the contract of sale and the commitment given by the Italian authorities that the transfer of the remaining holding will be completed as soon as possible.
The Commission notes that negotiations are taking place between IRI and TAV, the company which awarded the contract, with a view to removing the clause that requires IRI to continue holding an absolute majority of the capital in Condotte. The Commission notes that a positive outcome to those negotiations could speed up the formal transfer of the entire capital of Condotte to Ferrocemento.
(iii) The prohibition on using the proceeds of the asset sales by Fintecna to assist companies in difficulty, and (iv) The prohibition on granting further State aid in connection with privatisations
In order to determine whether Fintecna has complied with the conditions set out in Article 1(4) and (5) of the Decision, and in particular the prohibition on the granting of further aid, it has to be established whether the funding that Condotte received after 1994 can be considered an investment on market lines or whether it constitutes State aid for the purposes of Article 92(1) of the Treaty.
When it has to determine whether the financial relations between a State and a public enterprise include a State-aid component caught by Article 92 of the Treaty, the Commission applies the private-investor test to the financial flows between them. In the case under consideration, this means considering whether the funds given to Condotte after 1995 were public resources and, if so, whether they would have been invested in accordance with the private-investor test.
Under the Iritecna plan, Condotte was transferred to Fintecna, a wholly owned subsidiary of IRI, an industrial holding company itself wholly owned by the Italian Treasury. The Italian Government appoints the board of directors of IRI, which in turn appoints the board of Fintecna.
According to the settled case-law of the Court of Justice of the European Communities, in particular its judgment of 21 March 1991 in Case C-305/89 Italy v. Commission(6), in order to establish whether an aid measure can be considered State aid within the scope of Article 92 of the Treaty, "no distinction should be drawn between cases where aid is granted directly by the State and cases where it is granted by public or private bodies established or appointed by the State". Thus, even if the funds given to Condotte did not come directly from the State, it may nevertheless be that they are public funds.
It is not enough to affirm here, as the Italian Government does in its observations, that the financial measures taken by Fintecna used resources generated by the operation of its own business and not obtained from the State. If Fintecna's operating cash flow is used for an unprofitable purpose, as it was in the case of Condotte, that reduces the profit accruing to Fintecna's shareholder IRI and thus ultimately to the State. Fintecna might have used its own funds to engage in activities with a better return; this would have enabled IRI, and consequently the State, to obtain a better economic return on its investment.
A lower return on IRI's investment in Fintecna will ultimately be reflected in a loss of profit to the State so that, even though the funds given to Condotte were not provided directly by the State, they can nevertheless be said to constitute State resources. In order to establish whether or not they are caught by the prohibition in Article 92(1) of the Treaty, they have to be studied in the light of the private-investor principle(7).
According to that principle, a financial transaction between the State and a public undertaking contains a State-aid component if it would not have been acceptable to a private investor operating under normal market economy conditions. In particular, the presence of State aid can be presumed "where the financial position of the company, and particularly the structure and volume of its debt, is such that a normal return (in dividends or capital gains) cannot be expected within a reasonable time from the capital invested"(8).
Accordingly, an analysis has to be made of Condotte's financial position in the years before the increases in capital; this is shown in Table 2.
Table 2
Condotte's financial results
TABLE
The figures set out above show that Condotte was not a profitable concern when Fintecna provided the funds. Fintecna provided further funding in 1996 despite the fact that, given Condotte's results, Fintecna could not reasonably expect any significant return on its investment.
It is not sufficient to plead that the costs of putting the company into liquidation would have been higher than those of the recapitalisations carried out. A private shareholder faced with declining market prospects and the impossibility of a return to viability would have put the company into liquidation well before 1996, and indeed before 1994, thus avoiding costly recapitalisations and substantially reducing the costs of the liquidation itself.
Furthermore, a shareholder not subject to the unlimited guarantee rule in Article 2362 of the Civil Code would have been liable for Condotte's debts only up to the amount of the equity of the company, possibly via insolvency proceedings, and would consequently have been liable for amounts significantly smaller than those actually injected into Condotte.
The financial resources given by Fintecna to Condotte in 1996 and 1997 therefore constitute State aid within the meaning of Article 92(1) of the Treaty. Thus the condition laid down in Article 1(5) of the Decision has not been complied with; consideration will accordingly have to be given not only to the compatibility of the fresh aid granted, but also to the compatibility of the aid received by Condotte and approved in the Decision, which amounted to ITL 110 billion.
In assessing compliance with the Decision, it is not enough to say that the total volume of aid approved has not been exceeded. The Decision expressly provided that the individual privatisation operations were not to be financed by further State aid. The purpose of this obligation was to reduce the distorting effect of the aid granted and, consequently, to ensure that any resources acquired as a result of the sell-offs were devoted to reducing the costs of putting the Iritecna/Fintecna group into liquidation.
In addition, given that the businesses likely to be most attractive to potential private investors had been transferred to Fintecna primarily with a view to sale, and only within limits with a view to restructuring, the Decision expressly prohibited further aid to those businesses.
In principle, when State-owned businesses are privatised it may be permissible to grant State aid for purchasers where the sale does not take place on market conditions or for the business where the contract of sale requires the acquirer of the business to carry on unprofitable segments which would have been discontinued by an investor operating on market conditions.
Regarding the sale of Condotte to a private investor, that sale was carried through in compliance with the relevant Community rules. Both the 1994 procedure, which was subsequently abandoned, and the 1995 procedure, which terminated in the sale of the company to Ferrocemento, entailed making public offers to buy the business. Thus about 20 investors were initially interested in the sale of Fintecna's civil engineering businesses. Of the 20, 13 submitted offers, of which two were placed on a shortlist. Only Ferrocemento submitted a binding offer and therefore it alone was admitted to the due diligence stage.
In the procedure followed by Fintecna all potential investors were placed on an equal footing in the sale and the best offer was chosen. That gave the Commission reason to conclude that the sale took place at the market price and thus that no aid was given to Ferrocemento in its acquisition of Condotte.
Moreover, the contract of sale does not contain any clauses specifically obliging the acquirer to continue any loss-making activities. In any case, no element of aid for Condotte can be discerned in the terms of sale.
As has been explained, the aid granted to Condotte after 1994 constitutes State aid within the scope of Article 92(1) of the Treaty and, as a result, the aid received by the company before 1994, which the Commission approved in the Decision, is in principle likewise unlawful; the possibility has now to be considered whether the grants of aid, taken as a whole, are compatible with the common market.
IV
Under Article 92(2) and (3) of the Treaty certain aid is, or may be declared, compatible with the common market.
Paragraphs 2, 3(a) and 3(b) of Article 92 of the Treaty cannot be applied to measures of the kind under consideration here. In view of the variety of Condotte's activities and locations, and the fact that the aid does not have a regional objective, the only possible exemption is that provided for in paragraph 3(c), which deals with aid to facilitate the development of certain economic activities. By its very nature, the aid in this case must be considered aid for the restructuring of firms in difficulty.
As regards such aid, the Commission has published Guidelines on State aid for rescuing and restructuring firms in difficulty(9). In practice, if it is to approve one-off measures to restructure a firm in difficulty, the following tests must be satisfied:
(i) the measures must restore the long-term viability of the firm;
(ii) the measures must avoid undue distortion of competition;
(iii) the measures must be in proportion to the costs and benefits of restructuring and thus limited to the strict minimum needed;
(iv) the restructuring plan must be fully implemented;
(v) the implementation of the restructuring plan must be monitored and verified by the Commission.
Only if all of these tests are satisfied can the Commission take the view that the effects of the aid are not contrary to the Community interest and approve it under Article 92(3)(c) of the Treaty.
As regards test (i), the restoration of viability, the Italian authorities had submitted a restructuring plan at the time of the Decision which was intended to restore Condotte to profitability from 1996 onward. The aid given to Condotte up to 1994 (ITL 110 billion) was held to be compatible with specific regard to that plan and to the Community Guidelines. However, Condotte did not achieve the financial results expected and so had to fall back on public assistance once again (receiving ITL 163 billion, as has been explained).
It should be pointed out, however, that Condotte's failure to return to profitability was the result of a market situation which was not foreseeable at the time of the Decision.
Condotte's restructuring plan, which the Commission approved in the Decision, was based on prudent estimates of the future development of the company's order book. On 31 December 1992 that portfolio of work amounted to ITL 2255 billion, of which more than ITL 795 billion related to contracts connected with the high-speed rail network. On the basis of the work schedule laid down by the company awarding the contract, it was reasonable to expect Condotte's turnover and financial results to develop as shown in Table 3.
Table 3
Forecast financial results of Condotte
TABLE
The above valuations have already given due regard to the difficulties of the civil engineering sector, which experienced a severe crisis in the 1990s, in staging a recovery. They allowed for a rate of acquisition of orders much below Condotte's potential and indeed assumed the company would be focusing on work related to the high-speed rail network. None the less, the crisis in the sector continued until 1996 with a severity that was not foreseeable, giving some signs of recovery only in the second half of 1997.
Moreover, the contracts already secured for the high-speed rail network were delayed for reasons outside the company's control.
With the interaction of those two factors, Condotte's turnover was in fact substantially lower than forecast in the plan, as is shown in Table 1:
- in 1995 it amounted to ITL 353 billion, or 39 % of the figure forecast,
- in 1996 it amounted to ITL 496 billion, or 35 % of the figure forecast.
In both those years, as in 1994, Condotte's turnover was about 40 % less than in 1992 and 1993, years in which the crisis in the industry in which Condotte operates was already very serious. Faced with this crisis on the market around it, Condotte reacted by taking further restructuring measures, going beyond what had been provided for in the plan; although these were not enough to secure net profits, they did allow the company to record a positive operating result in 1996, its first in a long time.
In particular, the restructuring measures concentrated on reducing structural costs, which in 1996 reached levels some 10 % below what had been provided for in the restructuring plan. In 1997, as has been indicated, these costs were about 20 % below what had been provided for in the restructuring plan. In that period, the company stepped up its internal restructuring effort with the aim of returning to a stable level of profitability. For example, headquarters staff, an item reflected in structural administrative costs, was reduced from 201 on 31 December 1995 to 105 in March 1998, with management staff, which has a higher unit cost, falling from 51 at the end of 1995 to 19 in March 1998 (down 61 %).
As a result of these operations and of further restructuring efforts affecting the entire structure of the group, Condotte succeeded in 1996 in reversing the negative economic trend that had been apparent up to 1995, in spite of the crisis in the construction sector. Its gross margin went from -5,4 % of turnover to positive figures in both 1996 and 1997 (ITL 61 billion and ITL 41 billion respectively).
In 1996 and 1997 Condotte recorded a net loss, particularly heavy in 1997, but this was due mainly to the extraordinary items representing the costs of restructuring.
The restructuring efforts undertaken will bring the company to a better level of profitability in future years, bearing in mind the anticipated slow-down in work on the high-speed rail network, as forecast in the industrial plan presented to the Commission.
Table 4
Condotte's industrial plan 1998 to 2000
TABLE
As a result of the company's restructuring effort, particularly in the period 1996 to 1997, in addition to the plan approved by the Commission Decision, Condotte will be able to reach a satisfactory level of profitability despite the forecast deterioration in market conditions. Nevertheless, it must be kept in mind that long-term profitability is being attained through the crucial contribution of internal rationalisations (reductions in capacity etc.) rather than on the basis of favourable market prospects.
It may be considered that the first test of the admissibility of aid for restructuring is thus satisfied.
The Commission notes that the company has been transferred to a private shareholder, so that the State will not, under the contractual terms, be made financially liable for any losses that Condotte may incur. The presence of a private controlling shareholder (see section III) also provides a better assurance of Condotte's prospects of profitability.
The second test requires that the aid avoid undue distortion of competition. In principle, any aid granted by a State to a firm causes undue distortion of free competition since it leaves that firm in a more favourable economic situation than its competitors. This effect consequently has to be offset by reductions in production capacity, especially in an industry such as construction, where there is substantial overcapacity.
In this case the restructuring plan approved by the Commission in the Decision has already provided for significant cuts in production capacity. The production capacity of a construction firm, both in terms of its ability to plan and design and in terms of its ability to implement its plans, is based mainly on its human resources; the significant reduction in the size of Condotte's human resources base at the time of the Decision, along with the relevant decline in production, pointed clearly to a substantial fall in its market share. The Commission accordingly held that the aid given to Condone up to 31 December 1994 satisfied the tests for restructuring aid.
But Condotte received further aid after the Decision, and it must therefore be asked whether these new resources have not affected trade between Member States in a manner contrary to the common interest; this would be so if Condotte had been put in a position to use the resources to finance trading practices enabling it to increase its own market share at the expense of competitors who had received no State aid.
As has been explained, however, Condotte reduced its staff and thus its production capacity in 1995 and especially in 1996 and 1997, and the reductions went beyond what was provided for in the plan.
The Commission took the view that the development of turnover provided for in the plan (see Table 3) would not affect trade to an extent contrary to the common interest. As it turned out, Condotte's turnover during the period 1995 to 1997 was about 40 % of what was called for in the plan, and the rate of incoming orders was a great deal slower, as is shown in Table 5.
Table 5
Condotte's turnover and orderbook
TABLE
It is clear from these figures that, as a result of the restructuring of the company, Condotte has been competing less and less on world markets. Its order book for work connected with the high-speed rail network (orders won as a result of the formation of the Iricav consortia at the beginning of the 1990s) has increased as a proportion of its overall activities, from 39 % in 1993 to 75 % in 1996. The increase in the order book in 1994 was almost entirely due to the acquisition by Iritecna of a further share in the Iricav consortium for the high-speed rail network. In the same way, the increase in turnover in 1996 is the direct consequence of the progress of the work of the consortium itself.
Moreover, the industrial plan for the period 1998 to 2000 that was drawn up by the company's new management entails, through its concentration on orders already placed for the high-speed rail network, a further reduction in the company's presence on the market. In future, turnover will therefore be reduced, resulting in a further reduction in the distortion caused by the grants of aid.
At the same time, the company has substantially reduced its operations abroad, where the number and value of new contracts has fallen significantly. It has consequently reduced its production capacity by much more than what was called for in the restructuring plan for the company. Accordingly, its ultimate competitive position will not affect trade to an extent contrary to the common interest.
Test (iii) requires that aid be in proportion to costs and benefits: if State aid is to be declared compatible, it must be limited to the strict minimum needed to finance the return to viability and must not be used to finance aggressive competitive practices, except to the extent necessary to restore the firm itself to profitability.
From the information supplied by the Italian Government it can be concluded that the funding provided by Fintecna to Condotte was needed to cover losses due mainly to the writing-down of activities and to the costs of reducing production capacity (staff cuts). During the delays in the sale of Condotte, Fintecna financed further restructuring efforts, going beyond what was laid down in the Iritecna plan, in order to cope with the unexpected worsening of market prospects.
The Commission takes the view, therefore, that the aid granted did not bring the company additional liquidity which was unrelated to the process of restructuring and might have helped to finance aggressive commercial or investment practices not necessary to the restructuring operation.
The Commission also observes that Condone will not qualify for any tax credit in respect of the losses covered by the funds contributed by Fintecna.
Lastly, the recipient will make a significant contribution to the financing of the restructuring operation, as any further burdens are to be borne entirely by the buyer of the company, through the mechanism for adjusting the price of the transfer of the 50,1 % of the share capital still in Fintecna's possession.
The Italian Government should be required to submit periodic reports on the progress of privatisation and on the implementation of the restructuring plan drawn up for Condotte,
HAS ADOPTED THIS DECISION:
Article 1
The aid to Società Italiana per Condotte d'Acqua SpA (Condotte) to which this Decision relates, namely the capital injections granted in the years 1995 to 1997 totalling ITL 163 billion, and the aid granted up to 1994 already approved by the Commission, amounting to a total of ITL 110 billion, constitute State aid within the meaning of Article 92(1) of the Treaty and Article 61(1) of the EEA Agreement.
It satisfies the tests laid down in the Community Guidelines of 27 July 1994 on State aid for rescuing and restructuring firms in difficulty. The aid is consequently declared exempt, under Article 92(3)(c) of the Treaty and Article 61(3)(c) of the EEA Agreement, from the prohibition imposed by Article 92(1) of the Treaty and Article 61(1) of the EEA Agreement, being aid that is compatible with the common market, provided that Article 2 is complied with.
Article 2
Italy shall transfer its remaining shares in Condotte to the private shareholder on the terms and conditions stipulated in the contract of sale, in particular the terms within which the option is to be exercised.
Article 3
In order to secure full cooperation in the arrangements for monitoring this Decision, Italy shall provide the Commission with half-yearly reports on Condotte's economic and financial situation and communicate to it in good time the main steps in the transfer of Fintecna SpA's remaining holding in Condotte.
The first report shall set out Condotte's economic and financial results at 30 June 1998 and shall reach the Commission by 31 December 1998.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, 16 September 1998. | [
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Commission Regulation (EC) No 68/2002
of 15 January 2002
laying down to what extent applications for issue of export licences submitted during January 2002 for beef products which may benefit from special import treatment in a third country may be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef sector and repealing Regulation (EEC) No 2377/80(1), as last amended by Regulation (EC) No 2492/2001(2), and in particular Article 12(8) thereof,
Whereas:
(1) Regulation (EC) No 1445/95 lays down, in Article 12, detailed rules for export licence applications for the products referred to in Article 1 of Commission Regulation (EEC) No 2973/79(3), as last amended by Regulation (EEC) No 3434/87(4).
(2) Regulation (EEC) No 2973/79 fixed the quantities of meat which might be exported on special terms for the first quarter of 2002. No applications were submitted for export licences for beef,
HAS ADOPTED THIS REGULATION:
Article 1
No applications for export licences were lodged for the beef referred to in Regulation (EEC) No 2973/79 for the first quarter of 2002.
Article 2
Applications for licences in respect of the meat referred to in Article 1 may be lodged in accordance with Article 12 of Regulation (EC) No 1445/95 during the first 10 days of the second quarter of 2002 the total quantity available being 2500 t.
Article 3
This Regulation shall enter into force on 21 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 2002. | [
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COMMISSION REGULATION (EC) No 736/2008
of 22 July 2008
on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (1), and in particular Article 1(1)(a)(i) thereof,
Having published a draft of this Regulation (2),
Having consulted the Advisory Committee on State aid,
Whereas:
(1)
Regulation (EC) No 994/98 empowers the Commission to declare, in accordance with Article 87 of the Treaty, that, under certain conditions, aid to small and medium-sized enterprises (SMEs) is compatible with the common market and not subject to the notification requirement of Article 88(3) of the Treaty.
(2)
Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (3) does not apply to activities linked to the production, processing or marketing of fishery and aquaculture products covered by Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (4).
(3)
The Commission has applied Articles 87 and 88 of the Treaty in numerous decisions to SMEs active in the production, processing and marketing of fisheries products and has also stated its policy, most recently in the Guidelines for the examination of State aid to fisheries and aquaculture (5) (hereafter referred to as the ‘fisheries guidelines’). In the light of the Commission’s considerable experience in applying those Articles to SMEs active in the production, processing and marketing of fisheries products, it is appropriate, with a view to ensuring efficient supervision and simplifying administration without weakening Commission monitoring, that the Commission should make use of the powers conferred by Regulation (EC) No 994/98 also for SMEs active in the production, processing and marketing of fisheries products, in so far as Article 89 of the Treaty has been declared applicable to such products.
(4)
The compatibility of State aid in the fisheries sector is assessed by the Commission on the basis of the objectives of both the Competition Policy and the Common Fisheries Policy (CFP).
(5)
This Regulation should cover types of aid granted in the fisheries sector which have been systematically approved by the Commission for many years. This aid does not require a case-by-case assessment of its compatibility with the common market from the Commission, provided that it complies with the conditions laid down in Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (6) and Commission Regulation (EC) No 498/2007 of 26 March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006 on the European Fisheries Fund (7) and with certain other conditions. Although Regulation (EC) No 1198/2006 has only been in force from 4 September 2006, the Commission has gained on the basis of existing fisheries guidelines sufficient experience in applying similar conditions for the type of measures concerned in order to establish that the conditions of that Regulation are sufficiently accurate to justify not requiring case-by-case assessment.
(6)
This Regulation should be without prejudice to the possibility for Member States of notifying aid to SMEs active in the production, processing and marketing of fisheries products. Such notifications should be assessed by the Commission in the light of this Regulation and on the basis of the fisheries guidelines.
(7)
Aid that Member States intend to grant in the fisheries sector but which does not fall within the scope of this Regulation, or of other Regulations adopted pursuant to Article 1 of Regulation (EC) No 994/98, should remain subject to the notification requirement of Article 88(3) of the Treaty. Such aid will be assessed in the light of this Regulation and the fisheries guidelines.
(8)
This Regulation should exempt any aid that meets all the requirements it lays down, and any aid scheme, provided that any aid that could be granted under such scheme meets all the relevant requirements of this Regulation. Individual aid granted under an aid scheme and ad-hoc aid should contain an express reference to this Regulation.
(9)
In the interests of coherence with Community-financed support measures, the ceilings of aid covered by this Regulation should be equal to those fixed for the same kind of aid in Annex II to Regulation (EC) No 1198/2006.
(10)
It is essential that no aid is granted in circumstances where Community law, and in particular rules of the Common Fisheries Policy, are not complied with. An aid can therefore only be granted by a Member State in the fisheries sector if the measures financed and their effects comply with Community law. Before granting any aid, Member States should ensure that beneficiaries of State aid comply with the rules of the Common Fisheries Policy.
(11)
With a view to ensuring that aid is proportionate and limited to the amount necessary, thresholds should, whenever possible, be expressed in terms of aid intensities in relation to a set of eligible costs. For the purpose of calculating aid intensities, aid payable in several instalments should be discounted to its value at the moment of granting. The interest rate to be used for discounting purposes and for calculating the aid amount in aid not taking the form of a grant, should be the reference rate applicable at the time of grant as laid down in the Communication from the Commission on the revision of the method for setting the reference and discount rates (8).
(12)
In view of the need to strike the appropriate balance between minimising distortions of competition in the aided sector and the objectives of this Regulation, it should not exempt individual grants which exceed a fixed maximum amount, whether or not made under an aid scheme exempted by this Regulation.
(13)
This Regulation should not apply to export-related activities or aid favouring domestic over imported products. In particular, it should not apply to aid financing the establishment and operation of a distribution network in other countries. Aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new or existing product on a new market should not normally constitute export aid.
(14)
Aid granted to undertakings in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (9) should be assessed under those guidelines in order to avoid their circumvention. Aid to such undertakings should therefore be excluded form the scope of this Regulation. In order to reduce the administrative burden for Member States, when granting aid covered by this Regulation, the definition of what is to be considered as an undertaking in difficulty should be simplified as compared to the definition used in those guidelines. Moreover, SMEs are incorporated since less than three years should not be considered as being in difficulty for this period for the purposes of this Regulation, unless it fulfils the criteria under its domestic law for being the subject of collective insolvency proceedings. These simplifications should be without prejudice to the qualification of these SMEs under those guidelines as regards aid not covered by this Regulation, which remains subject to the full definition provided for in those guidelines.
(15)
The Commission has to ensure that authorised aid does not alter trading conditions in a way contrary to the general interest. Therefore, aid in favour of a beneficiary which is subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the common market, should be excluded from the scope of this Regulation. As a consequence, any ad-hoc aid paid out to such a beneficiary and any aid scheme not containing a provision explicitly excluding such beneficiaries remains subject to the notification requirements of Article 88(3) of the Treaty. This provision should not affect the legitimate expectations of beneficiaries of aid schemes which are not subject to outstanding recovery orders.
(16)
In order to eliminate differences that might give rise to distortions of competition and to facilitate coordination between different Community and national initiatives concerning SMEs, the definition of ‘small and medium-sized enterprises’ used in this Regulation should be that defined in Annex I to Regulation (EC) No 70/2001.
(17)
For the purpose of transparency, equal treatment and effective monitoring, this Regulation should apply only to aid which is transparent. Transparent aid is aid for which it is possible to calculate precisely the gross grant equivalent ex ante without a need to undertake a risk assessment. Aid comprised in loans, in particular, should be considered as transparent where the gross grant equivalent has been calculated on the basis of the reference rate as laid down in the Communication from the Commission on the revision of the method for setting the reference and discount rates (10). Aid comprised in fiscal measures should be considered as transparent where the measure provides for a cap ensuring that the applicable threshold is not exceeded.
(18)
Aid comprised in guarantee schemes should be considered as transparent when the methodology to calculate the gross grant equivalent has been approved following notification of this methodology to the Commission. The Commission will examine such notifications on the basis of the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (11). Aid comprised in guarantee schemes should also be considered as transparent where the beneficiary is an SME and the gross grant equivalent has been calculated on the basis of the safe-harbour premiums laid down in Sections 3.3 and 3.5 of that Notice.
(19)
In view of the difficulty in calculating the grant equivalent of aid in the form of repayable advances, such aid should be covered by this Regulation only if the total amount of the repayable advance is inferior to the applicable individual notification threshold and the maximum aid intensities provided under this Regulation.
(20)
Having regard to Article 87(3)(c) of the Treaty, aid should not normally have the sole effect of continuously or periodically reducing the operating costs which the beneficiary would normally have to bear, and should be proportionate to the handicaps that have to be overcome in order to secure the socioeconomic benefits deemed to be in the Community interest. State aid measures which simply seek to improve the financial situation of producers but which in no way contribute to the development of the sector, and in particular aid which is granted solely on the basis of price, quantity, unit of production or unit of the means of production are considered to constitute operating aid which are incompatible with the common market. Furthermore, such aid is also likely to interfere with the mechanisms of the common organisations of the markets. It is therefore appropriate to limit the scope of this Regulation to aid for investments, as well as to aid for certain socioeconomic measures.
(21)
In order to ensure that the aid is necessary and acts as an incentive to develop certain activities, this Regulation should not apply to aid for activities in which the beneficiary would already engage under market conditions alone. Such incentive should be considered to be present when, before the activities relating to the implementation of the aided project or activities are initiated, the beneficiary has submitted an application to the Member State.
(22)
In order to determine whether the individual notification thresholds and the maximal aid intensities laid down in this Regulation are respected, the total amount of public support for the aided activity or project should be taken into account, regardless of whether that support is financed from local, regional, national or Community sources.
(23)
This Regulation should cover the following aid: aid for permanent and temporary cessation of fishing activities, aid for the financing of socioeconomic measures, aid for productive investments in aquaculture, aid for aqua-environmental measures, aid for public health and animal health measures, aid for inland fishing, aid for processing and marketing of fisheries and aquaculture products, aid for measures of common interest which are implemented with the active support of operators themselves or by organisations acting on behalf of producers or other organisation recognised by the Member States, aid for measures of common interest intended to protect and develop aquatic fauna and flora while enhancing the aquatic environment, aid for investments in public or private fishing ports, landing sites and fishing shelters, aid for measures of common interest intended to implement a policy of quality and value enhancement, development of new markets or promotional campaigns for fisheries and aquaculture products, aid for pilot projects, aid for modification for reassignment of fishing vessels, and aid for technical assistance.
(24)
When tax exemptions provided for in Article 14 of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (12) are applied equally to the whole fisheries sector, the Commission considers that they may contribute to the development of the sector and serve the common interest. These exemptions have been applied equally by Member States and experience in the application of these measures under Regulation (EC) No 1595/2004 has shown that these have not adversely affected trading conditions and are helping in attaining the objectives of the Common Fisheries Policy by assuring sustainable economic and social conditions. Considering the transparency of the measure, with the aid being calculated on the actual amount of fuel used by the vessel, and in the light of the fact that this regulation only applies to SMEs and that the vast majority of fishing undertakings in the European Union are SMEs (the majority of undertakings benefiting from these tax exemptions are smaller enterprises owning just one vessel), the Commission considers that such measures will not unduly distort competition and affect trading conditions to an extent contrary to the common interest. Consequently, such tax exemptions should, as far as they constitute State aid, be declared compatible with the common market and exempt from the notification requirement of Article 88(3) of the EC Treaty provided that they comply with those Directives and that they are applicable to the whole fisheries sector. Moreover, this Regulation should also, under certain conditions, declare compatible with the common market and exempt from the notification requirement of Article 88(3) of the Treaty, tax exemptions or reductions applicable to inland fishing and piscicultural works which Member States may introduce pursuant to Article 15 of Council Directive 2003/96/EC.
(25)
In order to ensure transparency and effective monitoring, in accordance with Article 3 of Regulation (EC) No 994/98, it is appropriate to establish a standard format in which Member States should provide the Commission with summary information whenever, in pursuance of this Regulation, an aid scheme or individual aid is implemented. The Commission will attribute an identification number to each aid measure which is communicated to it. The fact that such number is attributed to an aid measure does not imply that the Commission has examined whether the aid fulfils the conditions of this Regulation. It creates therefore no legitimate expectations for the Member State or beneficiary as regards the compatibility of the aid measures with this Regulation.
(26)
For the same reasons, the Commission should establish specific requirements as regards the form and the content of the annual reports to be submitted to the Commission by Member States. Moreover, it is appropriate to establish rules concerning the records that Member States should keep regarding the aid schemes and individual aid exempted by this Regulation, in line with the requirements laid down in Article 15 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (13).
(27)
In order to monitor the implementation of this Regulation, the Commission should also be in a position to obtain all necessary information from Member States concerning the measures implemented under the benefit of this Regulation. A failure of the Member States to provide information within a reasonable deadline on these aid measures may therefore be considered as an indication that the conditions of this Regulation are not being respected. A failure by a Member State to provide information allowing for monitoring of an aid measures may therefore lead the Commission to decide that the Regulation, or the relevant part of the Regulation, should be withdrawn as regards the Member State concerned and that all subsequent aid measures, including new individual aid measures granted on the basis of aid schemes previously covered by this Regulation, need to be notified to the Commission in accordance with Article 88 of the Treaty. As soon as the Member State has provided correct and complete information, the Commission should allow the Regulation to be fully applicable again.
(28)
Having regard to the expiry date of Regulation (EC) No 1198/2006 and the fact that the conditions for granting aid under this Regulation have been aligned with the conditions established for the application of the European Fisheries Fund, it is appropriate to limit the period of application of this Regulation to the date on which Regulation (EC) No 1198/2006 expires. Should this Regulation expire without being extended, aid schemes already exempted by this Regulation should continue to be exempted for six months.
(29)
It is appropriate to lay down transitional provisions for notifications pending on the date of entry into force of this Regulation and for aid which was granted before the entry into force of this Regulation and was not notified in breach of the obligation in Article 88(3) of the Treaty, as well as for aid fulfilling the conditions of Commission Regulation (EC) No 1595/2004 of 8 September 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products (14),
HAS ADOPTED THIS REGULATION:
CHAPTER 1
COMMON PROVISIONS
Article 1
Scope
1. This Regulation shall apply to transparent aid granted to small and medium-sized enterprises (SMEs) active in the production, processing or marketing of fisheries products.
2. This Regulation shall not apply to:
(a)
aid the amount of which is fixed on the basis of price or quantity of products put on the market;
(b)
aid to export-related activities, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity;
(c)
aid contingent upon the use of domestic over imported goods;
(d)
aid granted to undertakings in difficulty;
(e)
aid schemes which do not explicitly exclude the payment of individual aid in favour of an undertaking which is subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the common market;
(f)
ad-hoc aid in favour of an undertaking which is subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the common market.
3. This Regulation shall not apply to aid for individual projects with eligible expenses in excess of EUR 2 million, or where the amount of aid exceeds EUR 1 million per beneficiary per year.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
(a)
‘aid’ means any measure fulfilling all the criteria laid down in Article 87(1) of the Treaty;
(b)
‘aid scheme’ means any act on the basis of which, without further implementing measures being required, individual aid awards may be made to undertakings defined within the act in a general and abstract manner and any act on the basis of which aid which is not linked to a specific project may be awarded to one or several undertakings for an indefinite period of time and/or for an indefinite amount;
(c)
‘individual aid’ means ad-hoc aid and notifiable awards of aid on the basis of an aid scheme;
(d)
‘ad-hoc aid’ means individual aid not awarded on the basis of an aid scheme;
(e)
‘aid intensity’ means the aid amount expressed as a percentage of the eligible costs;
(f)
‘fisheries product’ means both products caught at sea or in inland waters and the products of aquaculture listed in Article 1 of Regulation (EC) No 104/2000;
(g)
‘small and medium-sized enterprises’ (‘SMEs’) means small and medium-sized enterprises as defined in Article 2 (7) of Commission Regulation (EC) No …/2008 of 2 July 2008 on the application of Articles 87 and 88 of the Treaty declaring certain categories of aid compatible with the common market (15);
(h)
‘transparent aid’ means aid in respect of which it is possible to calculate precisely the gross grant equivalent ex ante without need to undertake a risk assessment;
(i)
‘undertaking in difficulty’ means an undertaking fulfilling the following conditions:
-
in the case of a limited liability company, where more than half of its registered capital has disappeared and more than one-quarter of that capital has been lost over the preceding 12 months, or
-
in the case of a company where at least some members have unlimited liability for the debt of the company, where more than half of its capital as shown in the company accounts has disappeared and more than one quarter of that capital has been lost over the preceding 12 months, or
-
whatever the type of company concerned, where it fulfils the criteria under its domestic law for being the subject of collective insolvency proceedings.
Article 3
Conditions for exemption
1. Ad-hoc aid, fulfilling all the conditions of this Regulation, shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that the summary information provided for in Article 25(1) has been submitted and that the aid contains an express reference to this Regulation, by citing its title and publication reference in the Official Journal of the European Union.
2. Aid schemes fulfilling all the conditions set out in this Regulation shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that the summary information provided for in Article 25(1) has been submitted, that any individual aid that could be awarded under such scheme fulfils all the conditions of this Regulation, and that the scheme contains an express reference to this Regulation, by citing its title and publication reference in the Official Journal of the European Union.
3. Individual aid granted under a scheme referred to in paragraph 2 shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that the aid granted directly fulfils all the conditions of this Regulation that the summary information provided for in Article 25(1) has been submitted and that the individual aid measure contains an express reference to this Regulation, by citing its title and publication reference in the Official Journal of the European Union.
4. Before granting any aid under this Regulation, Member States shall verify that the measures financed and their effects comply with Community law.
5. Aid measures shall only be exempted under this Regulation as far as they explicitly provide that, during the grant period the beneficiaries of the aid shall comply with the rules of the Common Fisheries Policy and that, if during this period it is found that the beneficiary does not comply with rules of the Common Fisheries Policy, the grant must be reimbursed in proportion to the gravity of the infringement.
Article 4
Aid intensity and eligible costs
1. For the purpose of calculating aid intensity, all figures used shall be taken before any deduction of tax or other charge. Where aid is awarded in a form other than a grant, the aid amount shall be the grant equivalent of the aid. Aid payable in several instalments shall be discounted to its value at the moment of granting. The interest rate to be used for discounting purposes shall be the reference rate applicable at the time of grant. In cases where aid is awarded by means of tax exemptions or reductions in future taxes due, subject to respect of a certain aid intensity defined in gross grant equivalent, discounting of aid tranches takes place on the basis of the reference rates applicable at the various times the tax advantages become effective.
2. The eligible costs shall comply with the requirements of Article 55, paragraphs (2) and (5), of Regulation (EC) No 1198/2006 and Article 26 of Regulation (EC) No 498/2007 and be supported by documentary evidence which shall be clear and itemised.
Article 5
Transparency of aid
1. This Regulation shall apply only to transparent aid. In particular, the following types of aid shall be considered to be transparent:
(a)
direct grants and interest rate subsidies;
(b)
aid comprised in loans where the gross grant equivalent has been calculated on the basis of the reference rates prevailing at the time of the grant and taking into account the existence of normal security and/or abnormal risk associated with the loan;
(c)
aid comprised in guarantee schemes:
-
where the methodology to calculate the gross grant equivalent has been accepted following notification of this methodology to the Commission and the approved methodology explicitly addresses the type of guarantees and the type of underlying transactions at stake in the context of the application of this Regulation, or
-
where the gross grant equivalent has been calculated on the basis of the safe-harbour premiums laid down in the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees;
(d)
aid comprised in fiscal measures shall be considered as transparent when the measures provides for a cap ensuring that the applicable ceiling is not exceeded.
2. The following types of aid shall not be considered to be transparent:
(a)
aid comprised in capital injections;
(b)
aid comprised in risk capital measures.
3. Aid in the form of repayable advances shall only be considered to be transparent aid if the total amount of repayable advance does not exceed the applicable threshold under this Regulation. If the threshold is expressed in terms of aid intensity, the total amount of the repayable advance, expressed as a percentage of the eligible costs, shall not exceed the applicable aid intensity.
Article 6
Cumulation
1. In determining whether the individual notification thresholds laid down in Article 1(3) and the maximum aid intensities laid down in Chapter 2 are respected, the total amount of public support measures for the aided activity or project shall be taken into account, regardless of whether that support is financed from local, regional, national or Community sources.
2. Aid exempted under this Regulation may be cumulated with any other aid exempted under this Regulation as long as those aid measures concern different identifiable eligible costs.
3. Aid exempted under this Regulation shall not be cumulated with any other aid exempted under this Regulation or de minimis aid fulfilling the conditions laid down in Commission Regulation (EC) No 875/2007 (16) or with other Community funding in relation to the same - partly or fully overlapping - eligible costs if such cumulation would result in exceeding the highest aid intensity or aid amount applicable to that aid under this Regulation.
Article 7
Incentive effect
1. This Regulation shall only exempt aid which has an incentive effect.
2. Aid shall be considered to have an incentive effect if it enables the beneficiary to carry out activities or projects which it would not have carried out as such in the absence of the aid.
This condition shall be considered to have been fulfilled if, before work on the project or activity has started, the beneficiary has submitted an application for the aid to the Member State concerned.
3. The condition laid down in paragraph 2 shall not apply as regards fiscal measures establishing a legal right to aid in accordance with objective criteria and without further exercise of discretion by the Member State if those fiscal measures have been adopted before work on the aided project or activity has started.
4. If the conditions of paragraphs 1 to 3 are not fulfilled, the entire aid measure will not be exempted under this Regulation.
CHAPTER 2
CATEGORIES OF AID
Article 8
Aid for permanent cessation of fishing activities
Aid for the permanent cessation of fishing activities of fishing vessels shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Article 23 of Regulation (EC) No 1198/2006 and Article 4 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 9
Aid for temporary cessation of fishing activities
Aid for temporary cessation of fishing activities for fishers and owners of fishing vessels shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Article 24 of Regulation (EC) No 1198/2006; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 10
Aid for socioeconomic compensation for the management of the fleet
Aid for the financing of socioeconomic measures shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 26(3) and 27 of Regulation (EC) No 1198/2006 and Article 8 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 11
Aid for productive investments in aquaculture
Aid for productive investments in aquaculture shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 28 and 29 of Regulation (EC) No 1198/2006 and Articles 9 and 10 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 12
Aid for aqua-environmental measures
Aid for compensation for the use of aquaculture production methods helping to protect and improve the environment and conserve nature shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 28 and 30 of Regulation (EC) No 1198/2006 and Article 11 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 13
Aid for public health measures
Aid for compensation to mollusc farmers for the temporary suspension of harvesting of farmed mollusc shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 28 and 31 of Regulation (EC) No 1198/2006; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 14
Aid for animal health measures
Aid for animal health measures shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 28 and 32 of Regulation (EC) No 1198/2006 and Article 12 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 15
Aid for inland fishing
Aid for inland fishing shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Article 33 of Regulation (EC) No 1198/2006 and Article 13 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 16
Aid for processing and marketing
Aid for processing and marketing of fisheries products shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Article 34 and 35 of Regulation (EC) No 1198/2006 and Article 14 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 17
Aid for collective actions
Aid for measures of common interest which are implemented with the active support of operators themselves or by organisations acting on behalf of producers or other organisation recognised by the Member States shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 36 and 37 of Regulation (EC) No 1198/2006 and Article 15 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 18
Aid for measures intended to protect and develop aquatic fauna and flora
Aid for measures of common interest intended to protect and develop aquatic fauna and flora while enhancing the aquatic environment shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 36 and 38 of Regulation (EC) No 1198/2006 and Article 16 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 19
Aid for investments in fishing ports, landing sites and shelters
Aid for investments in public or private fishing ports, landing sites and fishing shelters shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 36 and 39 of Regulation (EC) No 1198/2006 and Article 17 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 20
Aid for development of new markets and promotional campaigns
Aid for measures of common interest intended to implement a policy of quality and value enhancement, development of new markets or promotional campaigns for fisheries and aquaculture products shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 36 and 40 of Regulation (EC) No 1198/2006 and Article 18 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 21
Aid for pilot projects
Aid for pilot projects shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 36 and 41 of Regulation (EC) No 1198/2006 and Article 19 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 22
Aid for modification for reassignment of fishing vessels
Aid for modification for reassignment of fishing vessels, under the flag of a Member State and registered in the Community for training or research purposes inside the fisheries sector or for other activities outside fishing shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Articles 36 and 42 of Regulation (EC) No 1198/2006 and Article 20 of Regulation (EC) No 498/2007; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 23
Aid for technical assistance
Aid for technical assistance shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt from the notification requirement of Article 88(3) of the Treaty provided that:
(a)
the aid fulfils the conditions of Article 46(2) and (3) of Regulation (EC) No 1198/2006; and
(b)
the amount of the aid does not exceed, in grant equivalent, the total rate of public contributions fixed by Annex II to Regulation (EC) No 1198/2006.
Article 24
Tax exemptions in accordance with Directive 2003/96/EC
1. Tax exemptions applicable to the whole fishing sector which Member States introduce pursuant to and in accordance with Article 14 of Directive 2003/96/EC shall, to the extent that they constitute State aid, be compatible with the common market and exempt from the notification requirement of Article 88(3) of the Treaty.
2. Environmental aid in the form of tax exemptions or reductions applicable to inland fishing and piscicultural works which Member States introduce pursuant to Article 15 of Directive 2003/96/EC shall be compatible with the common market and exempt from the notification requirement of Article 88(3) of the Treaty, provided that it shall not be granted for periods longer than 10 years. After this 10-year period, Member States shall re-evaluate the appropriateness of the aid measures concerned.
The beneficiary of the tax reduction shall pay at least the Community minimum tax level set by that Directive.
CHAPTER 3
COMMON AND FINAL PROVISIONS
Article 25
Transparency and monitoring
1. On the entry into force of an aid scheme or the awarding of an ad-hoc aid, which has been exempted pursuant to this Regulation, the Member State shall forward to the Commission a summary of the information regarding such aid measure. This information shall be provided in electronic form via the established Commission IT application, in the form laid down in Annex I.
The Commission shall acknowledge the receipt of the above summary without delay.
The summaries provided by the Member States pursuant to paragraph 1 shall be published in the Official Journal of the European Union and on the Commission’s website.
2. Upon the entry into force of an aid scheme or the awarding of an ad-hoc aid, which has been exempted pursuant to this Regulation, the Member State concerned shall publish on the Internet the full text of such aid measure, indicating the criteria and conditions under which such aid is granted and the identity of the granting authority. The Member State concerned shall ensure that the full text of the aid measure is accessible on the Internet as long as the aid measure concerned is in force. The summary information provided by the Member State concerned pursuant to paragraph 1 shall specify an Internet address leading directly to the full text of the aid measure. This Internet address shall also be contained in the annual report submitted pursuant to paragraph 4.
3. When granting individual aid exempted pursuant to this Regulation, with the exception of aid taking the form of fiscal measures, the aid granting act shall contain an explicit reference to the specific provisions of this Regulation concerned by this act, to the national law which ensures respect of the relevant provisions of this Regulation and to the Internet address referred to in paragraph 2.
4. In accordance with Chapter III of Commission Regulation (EC) No 794/2004 (17), Member States shall compile a report in electronic form on the application of this Regulation in respect of each whole year or each part of the year during which this Regulation applies.
5. Member States shall maintain detailed records regarding any ad-hoc aid or individual aid granted under an aid scheme exempted under this Regulation. Such records shall contain all information necessary to establish that the conditions laid down in this Regulation, are fulfilled, including information on the status of any undertaking whose entitlement to aid or a bonus depends on its status as an SME, information on the incentive effect of aid and information making it possible to establish the precise amount of eligible costs for the purpose of applying this Regulation.
6. Records regarding individual aid shall be maintained for 10 years from the date on which the aid was granted. Records regarding an aid scheme shall be maintained for 10 years from the date on which the last aid was granted under such scheme.
7. The Commission shall regularly monitor aid measures of which it has been informed pursuant to paragraph 1.
8. On written request, the Member State concerned shall provide the Commission within the period fixed in the request, with all the information which the Commission considers necessary to monitor the application of this Regulation.
If such information is not provided within that period or a commonly agreed period, the Commission shall send a reminder setting a new deadline for the submission of the information. If, despite such reminder, the Member State concerned does not provide the information requested, the Commission may, after having provided the Member State concerned with the possibility to make its views known, adopt a decision stating that all future individual aid measures adopted on the basis of the scheme are to be notified to the Commission.
Article 26
Transitional provisions
1. Notifications pending at the time of entry into force of this Regulation shall be assessed in accordance with its provisions. Where the conditions of this Regulation are not fulfilled, the Commission shall examine such pending notifications under the Community guidelines for State aid in the fisheries sector.
Aid notified before the entry into force of this Regulation or granted before that date in the absence of a Commission authorisation and in breach of the notification requirement of Article 88(3) of the Treaty, shall be compatible with the common market within the meaning of Article 87(3)(c) of the Treaty and shall be exempt if it fulfils the conditions laid down in Article 3 of this Regulation, except the requirement of citing the Regulation and the Commission identification number. Any aid which does not fulfil those conditions shall be assessed by the Commission in accordance with the relevant frameworks, guidelines, communications and notices.
2. Aid schemes exempted under this Regulation shall remain exempt during an adjustment period of six months following the date provided for in the second paragraph of Article 27.
Article 27
Entry into force and applicability
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply until 31 December 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2008. | [
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Commission Regulation (EC) No 2252/2001
of 20 November 2001
amending Regulation (EC) No 2222/2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on 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
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1268/1999 of 21 June 1999 on 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(1), and in particular Article 9(2) and Article 12(2) thereof,
Whereas:
(1) Article 2(g) of Commission Regulation (EC) No 2222/2000(2) laying down financial rules for the application of Regulation (EC) No 1268/1999 indicates that the annual financing agreement amends, as appropriate, provisions laid down in the multi-annual financing agreement. A possibility for an annual financing agreement also to amend, as appropriate, provisions laid down in another prior annual financing agreement, inter alia, the period of commitment, should be provided for.
(2) Article 7(3) of Regulation (EC) No 2222/2000 provides that the Commission shall apply the decommitment rule set out in Article 31(2) of Council Regulation (EC) No 1260/1999(3), as amended by Regulation (EC) No 1447/2001(4), laying down general provisions on the Structural Funds. As no Commission decision conferring management to agencies in applicant countries could be taken in 2000 it is appropriate to extend the limit date for decommitment of the 2000 commitment.
(3) Article 9(1) of Regulation (EC) No 2222/2000 limits eligibility to expenditure paid by beneficiaries from the date of the Commission decision conferring financial management on the agency designated by the applicant country. In order to permit a smooth introduction of the system provided for in Regulation (EC) No 1268/1999 and to enable concerned parties to benefit properly from it, it is appropriate to exclude from this provision expenditure on feasibility and related studies concerning selected projects and expenditure incurred under technical assistance.
(4) Article 11(3) of Regulation (EC) No 2222/2000 provides for no charges to be levied on interest earned by the Sapard euro account, except those of a fiscal nature. However, in order to ensure the full use of Community funds for Sapard objectives, this exception should also be eliminated.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee of the European Agriculture Guarantee and Guidance Fund (EAGGF),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2222/2000 is amended as follows:
1. Article 2(g) is replaced by the following: "(g) 'annual financing agreement' means the agreement setting out the financial allocation for the year in question on the basis of the appropriations entered in the Community budget and supplementing and amending, as appropriate, provisions laid down either in the multiannual financing agreement or in a prior annual financing agreement;".
2. The following subparagraph is added to Article 7(3): "By way of derogation from the first subparagraph, the Commission shall automatically decommit any part of the commitment corresponding to the year 2000 which has not been settled by the payment on account or for which it has not received an acceptable payment application, by 31 December 2003 at the latest."
3. Article 9(1), second indent, is replaced by the following: "- be based on declarations of expenditure incurred by the beneficiary. Such declarations shall include only projects selected and expenditure paid from the date of the Commission decision referred to in Article 3(1), except for feasibility and related studies concerning the selected projects and for technical assistance."
4. Article 11(3) is replaced by the following: "3. Interest earned on the Sapard euro account shall be used exclusively for the programme. Such interest shall not be subject to reduction due to any charges."
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, 20 November 2001. | [
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COMMISSION REGULATION (EC) No 1420/2006
of 27 September 2006
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 28 September 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 September 2006. | [
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COMMISSION REGULATION (EEC) No 2046/93 of 27 July 1993 amending Regulation (EEC) No 1201/89 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 laying down the general rules for the system of aid for cotton (2), as last amended by Regulation (EEC) No 1554/93 (3), and in particular Article 11 thereof,
Whereas Article 6 of Council Regulation (EEC) No 1201/89 (4), as last amended by Regulation (EEC) No 2328/92 (5), lays down certain detailed rules concerning the maximum guaranteed quantities provided for in Article 2 (2) of Council Regulation (EEC) No 1964/87 of 2 July 1987 adjusting the system of aid for cotton introduced by Protocol No 4 Act of Accession of Greece (6), as last amended by Regulation (EEC) No 1553/93 (7); whereas in the interests of the proper management of the system, certain detailed specifications have been added to the aforementioned Article 2 (2); whereas, for the same purpose, certain detailed specifications should also be added to Article 6 of Regulation (EEC) No 1201/89;
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:
Article 1
The following is inserted at the beginning of Article 6 of Regulation (EEC) No 1201/89:
'Once the condition referred to in the third subparagraph of Article 2 (2) of Regulation (EEC) No 1964/87 has been met, the reduction in the aid for a given marketing year shall be:`.
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, 27 July 1993. | [
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COMMISSION REGULATION (EC) No 1959/94 of 27 July 1994 amending Regulation (EEC) No 2780/92 on the conditions for the grant of compensatory payments under the support system for producers of certain arable crops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (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 232/94 (2), and in particular Article 12 thereof,
Whereas the compensatory payments referred to in Article 2 of Regulation (EEC) No 1765/92 must be restricted to certain areas which should be specified;
Whereas Article 9 of Regulation (EEC) No 1765/92 defines the land eligible for compensatory payments; whereas, in order to take account of certain specific situations where its provisions could have effects which are unduly restrictive, the said Article allows certain derogations which must be administered by the Member States in accordance with their individual situations; whereas, however, the application of those derogations may undermine the effectiveness of the arrangements laid down by Regulation (EEC) No 1765/92; whereas, to reduce that risk, suitable measures should be laid down in order that, depending on the individual case, the total area eligible can be kept at the existing level or any appreciable increase avoided;
Whereas certain multi-annual crops should therefore be considered as being included in crop rotation in the same way as annual crops other than cereals, oilseeds and protein crops; whereas the list of multi-annual crops concerned should be laid down;
Whereas, to the same end, areas covered by restructuring programmes may also be considered for the grant of compensatory payments; whereas the concept of restructuring programme should be defined;
Whereas, furthermore, the concept of an appreciable increase in the agricultural area eligible must be defined on the basis of the need to avoid collective penalties following an overrun of the base area;
Whereas land released after 31 December 1991 under plans for the grubbing-up of vineyards approved for the 1991/92 wine year under Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1995/96 wine years, of permanent abondonment premiums in respect of wine-growing areas (3), as last amended by Regulation (EEC) No 1990/93 (4), and Council Regulation (EEC) No 2239/86 of 14 July 1986 on a specific common measure to improve vine-growing structures in Portugal (5), amended by Regulation (EEC) No 3208/88 (6), must be treated in the same way as land grubbed before that date; whereas it is therefore necessary to amend Commission Regulation (EEC) No 2780/92 (7), as last amended by Regulation (EC) No 1145/94 (8);
Whereas application of the provisions of this Regulation must under no circumstances result in an increase in the base areas;
Whereas the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2780/92 is amended as follows:
1. Article 3 is replaced by the following:
'Article 3
1. For the purposes of Article 9 of Regulation (EEC) No 1765/92, the definitions of permanent pasture, permanent crops, multi-annual arable crops and restructuring programme set out in Annexes I, II and III hereto shall apply.
Land on which aid has been granted under Title I of Council Regulation (EEC) No 2328/91 (9) or under Council Regulation (EEC) No 3766/91 (10) shall remain eligible.
2. The area of land newly declared eligible by the Member States under a restructuring programme may not exceed the area newly declared ineligible under that programme by more than 5 %.
However, the following shall not be taken into account in calculating the abovementioned increase:
- in the new German Laender, 2 500 hectares covered by agricultural land restructuring during the period 1 January to 30 June 1992 and planted with arable crops for harvest in 1993,
- the remaining land covered by plans for the grubbing-up of vineyards for the 1991/92 wine year approved before 31 December 1991 under Council Regulations (EEC) No 1442/88 (11)() and (EEC) No 2239/86 (12)() and carried out within the time limits laid down by those Regulations.
3. Under the third paragraph of Article 9 of Regulation (EEC) No 1765/92, a Member State may declare new areas eligible, either temporarily or permanently, up to a maximum of 0,1 % of its total base area.
Member States shall send the Commission an annual list of authorizations granted pursuant to the first subparagraph showing the number of farmers, the areas concerned and the reasons.
In duly substantiated special cases, the limit referred to in the first subparagraph may be revised in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 (13)().
4. For the purposes of the derogations referred to in the fourth paragraph of Article 9 of Regulation (EEC) No 1765/92, the Member States shall submit their plan and their reasons to the Commission by 31 March each year at the latest.
If the Commission has raised no objection by 31 July of the same year, the plan shall be approved.
Restructuring plans may, however, be submitted until 15 September 1994 (for the 1994 harvest). If the Commission raises no objection to a plan within one month, it shall be deemed approved.
'.
2. Article 4 (1) is replaced by the following:
'1. For the purposes of Article 10 (2) of Regulation (EEC) No 1765/92, an area of cereals or seed flax must be fully sown in line with locally recognized standards and maintained until at least the beginning of flowering in normal growth conditions.'
3. The Annex is replaced by the Annexes 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, 27 July 1994. | [
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COUNCIL REGULATION (EC) No 62/1999 of 18 December 1998 laying down for 1999 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Poland
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with Article 124 of the 1994 Act of Accession, fisheries agreements concluded by the Kingdom of Sweden with third countries are managed by the Community;
Whereas, in accordance with the procedure provided for in the Agreement on fisheries of 1 February 1978, the Community, on behalf of the Kingdom of Sweden, and the Republic of Poland have held consultations concerning their mutual fishing rights for 1999;
Whereas, in the course of these consultations, the delegations agreed to recommend to their respective authorities that certain catch quotas for 1999 should be fixed for the vessels of the other party;
Whereas the necessary measures should be taken to implement, for 1999, the results of the consultations held with Poland;
Whereas it is for the Council to lay down the specific conditions under which catches by vessels flying the flag of Poland must be taken;
Whereas the fishing activities covered by this Regulation are subject to the relevant control measures provided for by Council Regulation No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2);
Whereas Article 3(2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (3) provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a document certified by a competent authority and indicating the calibration of the tanks in cubic metres at 10-centimetre intervals;
Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1999,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 1999, vessels flying the flag of Poland are hereby authorised to fish for the species listed in Annex I, within the geographical and quantitative limits laid down therein and in accordance with this Regulation, in the 200-nautical-mile fishing zone of the Member States in the Baltic Sea. Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 1 July to 20 August 1999 inclusive. All fishing shall be prohibited from 15 May to 31 August 1999 within the area bounded by the following coordinates:
- latitude 55° 30' N, longitude 15° 30' E,
- latitude 55° 30' N, longitude 16° 10' E,
- latitude 55° 15' N, longitude 16° 10' E,
- latitude 55° 15' N, longitude 15° 30' E.
2. Fishing authorised under paragraph 1 shall be limited to those parts of the 200-nautical-mile fishing zone lying seawards of 12-nautical-miles from the baselines from which the fishing zones of Member States are measured.
3. Notwithstanding paragraph 1, unavoidable by-catches of a species for which no quota is established in a zone shall be permitted within the limits fixed in the conservation measures in force in the zone concerned.
4. By-catches in a given zone of a species for which a quota is established in that zone shall be counted against the quota concerned.
Article 2
1. Vessels fishing within the quotas fixed in Article 1 shall comply with the conservation and control measures and all other provisions governing fishing in the zones referred to in that Article.
2. The vessels shall keep a log-book in which the information set out in Annex II shall be entered.
3. The vessels shall transmit to the Commission, in accordance with the rules laid down in Annex III, the information set out in that Annex.
4. Those vessels which have chilled or refrigerated sea-water tanks shall keep on board a document certified by a competent authority and indicating the calibration of the tanks in cubic metres at 10-centimetre intervals.
5. The registration letters and numbers of the vessels must be clearly marked on the bow of each vessel on both sides.
Article 3
1. Vessels fishing for the species listed in Annex I must hold a licence and special fishing permit issued by the Commission on behalf of the Community and must observe the conditions as established by that licence and special fishing permit.
The Polish authorities shall notify to the Commission the name and characteristics of the vessels for which licences and special fishing permits may be issued.
2. The Commission shall issue the fishing licences and special fishing permits referred to in paragraph 1 to all vessels for which a licence and special fishing permit is required by the Polish authorities.
Requests for amendments to the list of vessels licensed may be made at any time and shall be processed expeditiously.
3. When an application for a licence and a special fishing permit is submitted to the Commission, the following information must be supplied:
(a) name of vessel;
(b) registration number;
(c) external identification letters and numbers;
(d) port of registration;
(e) name and address of the owner or charterer;
(f) gross tonnage and overall length;
(g) engine power;
(h) call sign and radio frequency;
(i) intended method of fishing;
(j) intended area of fishing;
(k) species for which it is intended to fish;
(l) period for which a licence and a special fishing permit are requested.
4. Licences and special fishing permits shall be issued provided that the number of licences and special fishing permits valid at any time during a given month or year does not exceed the amounts mentioned in Annex I.
5. Each licence and special fishing permit shall be valid for one vessel only. Where two or more vessels are taking part in the same fishing operation, each vessel must be in possession of a licence and special fishing permit.
6. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day before the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.
7. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the respective quotas fixed in Article 1 have been exhausted.
8. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.
9. For a period not exceeding twelve months, no licence and special fishing permit shall be issued for any vessel in respect of which the obligations laid down in this Regulation have not been met.
10. The Commission shall submit, on behalf of the Community, to Poland the names and characteristics of their respective vessels which will not be authorised to fish in the Community's fishing zone for the next month(s) as a consequence of an infringement of Community rules.
Article 4
Vessels authorised to fish on 31 December may continue fishing as from the beginning of the next year until the lists of vessels permitted to fish during the year in question are submitted to and approved by the Commission on behalf of the Community.
Article 5
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1998. | [
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COMMISSION REGULATION (EC) No 328/2007
of 27 March 2007
derogating for 2007 from Regulations (EC) No 596/2004 and (EC) No 633/2004 regarding the date of issue of export licences in the egg 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 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 3(2) thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (2), and in particular Article 3(2) thereof,
Whereas:
(1)
Article 3(3) of Commission Regulation (EC) No 596/2004 (3) and Article 3(3) of Commission Regulation (EC) No 633/2004 (4) laying down detailed rules for implementing the system of export licences in the egg and poultrymeat sectors, respectively, provide that export licences are to be issued on the Wednesday following the week during which the licence applications have been lodged, provided that no special measures have since been taken by the Commission.
(2)
In view of the public holidays in 2007 and the irregular publication of the Official Journal of the European Union during those holidays, the period between the submission of applications and the day on which the licences are to be issued will be too brief to guarantee proper administration of the market. The period should therefore be extended.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS DECISION:
Article 1
Notwithstanding Article 3(3) of Regulation (EC) No 596/2004 and Article 3(3) of Regulation (EC) No 633/2004, licences shall be delivered for 2007 on the dates set out in the Annex to this Regulation.
This derogation shall apply provided that none of the special measures referred to in Article 3(4) of Regulation (EC) No 596/2004 and Article 3(4) of Regulation (EC) No 633/2004 have been taken before the dates of issue in question.
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, 27 March 2007. | [
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COMMISSION REGULATION (EC) No 969/2004
of 13 May 2004
fixing the export refunds on rice and broken rice and suspending the issue of export licences
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 the second subparagraph of Article 13(3) and (15) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 3072/95 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)
Article 13(4) of Regulation (EC) No 3072/95, provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of rice and broken rice on the Community market on the one hand and prices for rice and broken rice on the world market on the other. The same Article provides that it is also important to ensure equilibrium and the natural development of prices and trade on the rice market and, furthermore, to take into account the economic aspect of the proposed exports and the need to avoid disturbances of the Community market with limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(3)
Commission Regulation (EEC) No 1361/76 (2) lays down the maximum percentage of broken rice allowed in rice for which an export refund is fixed and specifies the percentage by which that refund is to be reduced where the proportion of broken rice in the rice exported exceeds that maximum.
(4)
Export possibilities exist for a quantity of 1 800 tonnes of rice to certain destinations. The procedure laid down in Article 8(3) of Commission Regulation (EC) No 1342/2003 (3) should be used. Account should be taken of this when the refunds are fixed.
(5)
Article 13(5) of Regulation (EC) No 3072/95 defines the specific criteria to be taken into account when the export refund on rice and broken rice is being calculated.
(6)
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(7)
A separate refund should be fixed for packaged long grain rice to accommodate current demand for the product on certain markets.
(8)
The refund must be fixed at least once a month; whereas it may be altered in the intervening period.
(9)
It follows from applying these rules and criteria to the present situation on the market in rice and in particular to quotations or prices for rice and broken rice within the Community and on the world market, that the refund should be fixed as set out in the Annex hereto.
(10)
For the purposes of administering the volume restrictions resulting from Community commitments in the context of the WTO, the issue of export licences with advance fixing of the refund should be restricted.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1 of Regulation (EC) No 3072/95 with the exception of those listed in paragraph 1(c) of that Article, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
With the exception of the quantity of 1 800 tonnes provided for in the Annex, the issue of export licences with advance fixing of the refund is suspended.
Article 3
This Regulation shall enter into force on 14 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 May 2004. | [
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*****
COMMISSION DECISION
of 14 March 1988
approving the plan relating to the examination for hormone residues submitted by Portugal
(Only the Portuguese text is authentic)
(88/240/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 86/469/EEC of 16 September 1986 concerning examination of animals and fresh meat for the presence of residues (1), and in particular Article 4 thereof,
Whereas, by document dated 8 July 1987, Portugal sent the Commission a plan setting out the national measures taken on the examination for residues of the substances referred to in Annex I, Groups A I and II, to Directive 86/469/EEC;
Whereas examination of this plan, as modified, has shown that it conforms to the provisions laid down in Directive 86/469/EEC, and in particular Article 4 (1) thereof;
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 relating to the examination for residues of the substances referred to in Annex I, Groups A I and II, to Directive 86/469/EEC submitted by Portugal is hereby approved.
Article 2
Portugall shall adopt the necessary laws, regulations and administrative provisions for the implementation of the plan referred to in Article 1.
Article 3
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 14 March 1988. | [
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COMMISSION REGULATION (EC) No 330/2009
of 22 April 2009
laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of seasonal products in the Harmonised Indices of Consumer Prices (HICP)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (1), and in particular the third paragraph of Article 4 and Article 5(3) thereof,
Whereas:
(1)
Harmonised Indices of Consumer Prices (HICP) are harmonised inflation measures required by the Commission and the European Central Bank for the performance of their functions under Article 121 of the EC Treaty. HICPs are designed to facilitate international comparisons of consumer price inflation. They serve as important indicators for the management of monetary policy.
(2)
Under Article 5(1)(b) of Regulation (EC) No 2494/95, each Member State is required, as part of the implementation of that Regulation, to produce an HICP starting with the index for January 1997.
(3)
Commission Regulation (EC) No 1749/96 of 9 September 1996 on initial implementing measures for Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices (2) defines the coverage of the HICP as those goods and services which are included in household final monetary consumption expenditure incurred on the economic territory of the Member State, in one or both of the time periods being compared.
(4)
Article 2 of Commission Regulation (EC) No 2214/96 of 20 November 1996 concerning harmonised indices of consumer prices: transmission and dissemination of sub-indices of the HICP (3) defines a breakdown of COICOP/HICP (4) by division (two-digit level), group (three-digit level) and class (four-digit level).
(5)
Article 2 of Commission Regulation (EC) No 2454/97 of 10 December 1997 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the quality of HICP weightings (5) defines the ‘weighting reference period’ of an HICP as a 12-month period of consumption or expenditure. According to Article 3 thereof Member States should each month produce HICPs using weightings which reflect the consumers′ expenditure pattern in the weighting reference period.
(6)
Consequently weightings at the level of COICOP/HICP divisions, groups and classes are required not to vary between months during the year. Nevertheless weightings at a more detailed level of COICOP/HICP might be allowed to reflect a seasonally varying consumption pattern. Although indices without and with seasonal weighting variability correspond to different statistical targets, restrictions on the methodology may ensure the necessary comparability between those two approaches, as well as comparability between Member States within the approaches.
(7)
Seasonal products are typically not available or their purchased volumes are negligible for certain periods in an annual cyclical pattern and according to Article 6 of Regulation (EC) No 1749/96 where target samples do not require monthly observation of actual prices throughout the year estimated prices should be used instead.
(8)
Commission Regulation (EC) No 1921/2001 of 28 September 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for revisions of the harmonised index of consumer prices and amending Regulation (EC) No 2602/2000 (6) sets the framework for revisions in the HICPs.
(9)
Article 4 of Council Regulation (EC) No 2494/95 provides that HICPs which differ on account of differences in concepts, methods or practices used in their definition and compilation should not be considered comparable. However, the methodologies applied in the Member States for seasonal products differ substantially and the results may not be sufficiently comparable. Therefore a harmonised approach with respect to seasonal products in the HICPs is necessary in order to ensure that the resulting HICPs meet the requirements as to comparability, reliability, and relevance under the third paragraph of Article 4 and under Article 5(3) of Regulation (EC) No 2494/95.
(10)
The European Central Bank has been consulted in accordance with Article 5(3) of Regulation (EC) No 2494/95 (7).
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom (8),
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes minimum standards for the treatment of seasonal products in order to improve the comparability, reliability and relevance of the Harmonised Indices of Consumer Prices (HICPs).
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
1.
‘seasonal products’ means those goods and services that are not available for purchase, or purchased in small or negligible volumes, for certain periods in a typical annual cyclical pattern. The in-season period is meant to cover at least one month;
2.
‘subdivision of COICOP/HICP’ means COICOP/HICP class in the case of goods and services in a COICOP/HICP class, and COICOP/HICP group for groups that are not subdivided into classes according to the harmonised COICOP/HICP classification as laid down in Regulation 1749/1999 of 23 July 1999 amending Regulation (EC) No 2214/96, concerning the subindices of the harmonised indices of consumer prices (9);
3.
‘counter-seasonal estimation’ means the estimation of a price for a product-offer of a product that is out-of-season so that:
-
in the first month of the out-of-season period, the estimated price is equal to a typical price observed in the previous in-season period, and,
-
from the second month, the estimated price is equal to the estimated price for the preceding month, adjusted by the change in observed prices on average over all seasonal products that are in-season in the same subdivision of COICOP/HICP,
4.
‘all-seasonal estimation’ means the estimation of a price for a product-offer of a product that is out-of-season so that:
-
in the first month of the out-of-season period, the estimated price is equal to a typical price observed in the previous in-season period, and,
-
from the second month, the estimated price is equal to the estimated price for the preceding month, adjusted by the change in observed prices on average over all available products in the same subdivision of COICOP/HICP,
5.
‘strict annual weights index’ means a price index using weightings that do not differ between months within the same year at all levels of index calculation;
6.
‘class-confined seasonal weights index’ means a price index using weightings that within the same year:
-
do not differ between months for any COICOP/HICP subdivision taken as a whole,
-
do not differ between months for products within any COICOP/HICP subdivision that does not contain any seasonal product,
-
within the in-season period do not differ between months for products within any COICOP/HICP subdivision that contains seasonal products, except to the extent that it is necessary to allow for month-on-month changes in the composition of the basket,
Article 3
Scope
1. The minimum standards shall apply to seasonal products within the following COICOP/HICP classes and groups:
01.1.3
Fish
01.1.6
Fruit
01.1.7
Vegetables
03,1
Clothing
03,2
Footwear
2. Where appropriate, the minimum standards shall serve as guidance also concerning seasonal products within COICOP/HICP classes and groups other than those listed in the first paragraph.
Article 4
Minimum standards
1. In any given month, seasonal products shall be deemed to be either in-season or out-of-season. In-season periods may vary from one year to another.
2. An HICP sub-index at elementary product group level shall be a strict annual weights index or a class-confined seasonal weights index.
3. For an HICP that is a strict annual weights index, estimated prices shall be used for seasonal products that are out-of-season, in accordance with Article 6(1)(b) of Regulation (EC) No 1749/96.
4. For an HICP that is a strict annual weights index, an estimated price for a product-offer of a seasonal product that is out-of-season shall be defined either by counter-seasonal estimation or by all-seasonal estimation. Hereby counter-seasonal estimation shall be preferred where the Member State deems it feasible with respect to the availability of observed prices, as may be likely for clothing and footwear. Where counter-seasonal estimation is not deemed feasible, all-seasonal estimation shall be used.
5. For an HICP that is a class-confined seasonal weights index, a seasonal product that is out-of-season shall have a weight of zero.
6. For an HICP that is a strict annual weights index, estimations may also be performed at a more detailed level than the subdivision of COICOP/HICP, such as for strata if a stratified sample is being used. For an HICP that is a class confined seasonal weights index, seasonal weights may also be established at a more detailed level.
7. Changes in prices of seasonal products for which the share of the total consumption expenditure, covered by the HICP, during a typical in-season period is likely to be at least two parts per thousand shall be reflected in the HICP.
8. The weights for seasonal products shall be compiled and updated as necessary in accordance with Articles 2 and 3 of Regulation (EC) No 2454/97. The indices used for the annual price updating of weights, where the index computation so requires, shall refer to the average prices of the month used for updating.
Article 5
Comparability
HICPs constructed following standards other than those required in Article 4 of this Regulation shall be deemed comparable if they result in indices which do not differ systematically from an index compiled following the provisions of this Regulation by more than:
(a)
one tenth of one percentage point on average over one year against the previous year for the all-items HICP;
(b)
three, four or five tenths of a percentage point on average over one year against the previous year for any COICOP/HICP division, group or class;
(c)
one tenth of one percentage point on average for an individual month against the previous month of the all-items HICP.
Article 6
Application
The changes deriving from this Regulation, and in particular Article 4 thereof, shall be applied from December 2010 and take effect with the index for January 2011.
Article 7
Entry into force
This Regulation shall enter into force on the 20th 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, 22 April 2009. | [
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Subsets and Splits