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Commission Decision
of 18 January 2001
for safety and potency testing of foot-and-mouth disease vaccines and bluetongue vaccines
(notified under document number C(2001) 118)
(2001/75/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 1258/1999(2), and in particular Articles 6 and 14 thereof,
Having regard to Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines(3), as last amended by Decision 1999/762/EC(4), and in particular Article 5 thereof,
Whereas:
(1) In conformity with Decision 91/666/EEC, the purchase of antigens is a part of the Community action to establish Community reserves of foot-and-mouth disease vaccines.
(2) By Commission Decision 93/590/EC of 5 November 1993 for the purchase by the Community of foot-and-mouth disease antigens within the framework of the Community action concerning reserves of foot-and-mouth disease vaccines(5), as last amended by Decision 95/471/EC(6), arrangements were made for purchase of A5, A22 and O1 foot-and-mouth disease antigen.
(3) Foot-and-mouth disease virus antigens kept in the emergency stock since 1993 must be tested with regard to safety and potency to ensure that the antigen reserves kept for emergency use are of high quality.
(4) By Commission Decision 98/64/EC of 9 December 1997 on a Community financial contribution for improving the foot-and-mouth disease control programme in Turkey(7), it was agreed as a part of a work plan that the European Commission would make arrangements for testing of foot-and-mouth disease vaccine produced in Turkey.
(5) By Commission Decision 2000/292/EC of 6 April 2000 for purchase by the Community of bluetongue vaccine for emergency stock(8), arrangements were made for purchase of bluetongue vaccine for emergency.
(6) No bluetongue vaccine is produced by the pharmaceutical industry based in the Member States of the European Union (EU).
(7) Bluetongue vaccine purchased abroad for emergency use should be tested with the objective of obtaining information of importance for the use of the vaccine under different epidemiological conditions.
(8) Safety and potency testing of foot-and-mouth disease vaccine and bluetongue vaccine can only be carried out at laboratories being operated under approved biosecurity levels.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. The Community shall make arrangements for appropriate safety and potency testing of:
- foot-and-mouth disease virus antigens purchased in 1993 and since then kept as a part of the EU emergency stock,
- foot-and-mouth disease vaccine produced in Turkey and used in a prophylactic vaccination programme which includes vaccination of susceptible animals kept in the area of Turkish Thrace,
- bluetongue vaccines produced outside the European Community and purchased for an emergency stock.
2. The maximum cost of the measures referred to in paragraph 1 shall be up to EUR 430000.
Article 2
The measures mentioned in Article 1 shall be carried out by the Commission in cooperation with the supplier designated by call for tender.
Article 3
1. To meet the objectives of Articles 1 and 2 the Commission shall conclude contracts without delay.
2. The Director-General of the Directorate-General for Health and Consumer Protection shall be authorised to sign the contracts on behalf of the European Commission.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 18 January 2001. | [
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COMMISSION REGULATION (EC) No 1179/2006
of 1 August 2006
amending Regulation (EC) No 1251/96 opening and providing for the administration of tariff quotas in the poultrymeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular Article 3(2) and Article 6(1) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1251/96 (2) provides for the opening and administration of tariff quotas in the poultrymeat sector.
(2)
The Agreement in the form of an Exchange of Letters between the European Community and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (3), approved by Council Decision 2006/333/EC (4), provides for an increase of the annual import tariff quota of poultrymeat, erga omnes, of 49 tonnes for certain fresh, chilled or frozen chicken carcass, of 4 070 tonnes for fresh, chilled or frozen chicken cuts, of 1 605 tonnes for cuts of fowls and of 201 tonnes for fresh, chilled or frozen turkey meat.
(3)
The increase of the quota for cuts of fowls makes no more necessary the measure provided for in the second paragraph of Article 2 of Regulation (EC) No 1251/96.
(4)
In view of the possible accession of Bulgaria and Romania to the European Union as from 1 January 2007, it is advisable to provide for a different period for lodging the licence applications for the first quarter of the year 2007.
(5)
Regulation (EC) No 1251/96 should be amended accordingly.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1251/96 is amended as follows:
1.
In Article 2, the second paragraph is deleted.
2.
In paragraph 1 of Article 5, the following subparagraph is added:
‘For the period of 1 January to 31 March 2007 licence applications shall be lodged during the first fifteen days of January 2007.’
3.
The Annexes are replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2006. | [
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REGULATION (EEC) No 771/75 OF THE COMMISSION of 24 March 1975 amending Regulations (EEC) No 3130/73 and (EEC) No 3197/73 establishing the conditions for the application of the system of tendering for export levies for cereals and for rice respectively
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation No 120/67/EEC (1) of 13 June 1967 on the common organization of the market in cereals, as last amended by Regulation (EEC) No 85/75 (2);
Having regard to Council Regulation No 359/67/EEC (3) of 25 July 1967 on the common organization of the market in rice, as last amended by Regulation (EEC) No 476/75 (4);
Having regard to Council Regulation (EEC) No 1968/73 (5) of 19 July 1973 laying down general rules to be applied in the event of the cereals market being disturbed, as last amended by Regulation (EEC) No 86/75 (6), and in particular Article 4 thereof;
Having regard to Council Regulation (EEC) No 2737/73 (7) of 8 October 1973 laying down general rules to be applied in the event of the rice market being disturbed, as amended by Regulation (EEC) No 477/75 (8), and in particular Article 4 thereof;
Whereas Commission Regulation (EEC) No 645/75 (9) of 13 March 1975 laying down common detailed rules for the application of the export levies and charges on agricultural products has repealed the Regulations on detailed rules for the application of export levies for cereals and for rice without incorporating certain specific provisions concerning export levies fixed by tender ; whereas it is necessary to incorporate these specific provisions in Commission Regulations (EEC) No 3130/73 (10) of 16 November 1973 and (EEC) No 3197/73 (11) of 23 November 1973 establishing the conditions for the application of the system of tendering for export levies;
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
An Article 8a as follows is inserted in Regulations (EEC) No 3130/73 and (EEC) No 3197/73:
"Article 8a
The provisions of Article 5 (2) of Regulation (EEC) No 645/75 shall not apply where the export levy is fixed by tender for specific destinations."
Article 2
This Regulation shall enter into force on 31 March 1975.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 1975. | [
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COUNCIL REGULATION (EC) No 2345/97
of 24 November 1997
providing for the reduction of the tariff rate applicable to imports under the WTO tariff quota for certain live bovine animals
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community has undertaken, in the framework of the World Trade Organization (WTO), to open an annual tariff quota of 169 000 head of certain live bovine animals; whereas the tariff rate that is applicable for imports under this quota is composed of a 16 % ad valorem duty and of a specific amount of ECU 582 per tonne;
Whereas Council Regulation (EC) No 2179/95 of 8 August 1995, providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements and amending Regulation (EC) No 3379/94 opening and administering certain Community tariff quotas in 1995 for certain agricultural products and for beer, to take account of the Agreement concluded during the Uruguay Round Multilateral Trade Negotiations (1), and Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round of Multilateral Trade Negotiations (2) provide for the possibility of reducing the specific amount that is payable on import within the tariff quota for 169 000 head of certain live bovine animals, to ECU 399 per tonne in respect of animals originating in the associated countries of Central Europe; whereas the reduction has been implemented as regards these countries as from 1 July 1995;
Whereas similar treatment is envisaged for imports originating in Estonia, Latvia and Lithuania as from 1 July 1996 by virtue of Regulation (EC) No 1926/96 (3);
Whereas it is necessary, in view of the international obligations of the Community under the WTO, to ensure that imports from all countries benefit from the reduced in-quota tariff rate whenever a reduction has been, or will be, implemented as regards imports from the associated countries of Central Europe and the Baltic States; whereas therefore provision should be made for the extension of such reduction to imports of live bovine animals from all countries,
HAS ADOPTED THIS REGULATION:
Article 1
Any reduction of the import duty which is payable under the Community tariff quota for 169 000 head of certain live bovine animals for animals originating in Poland, Hungary, the Czech Republic, Slovakia, Romania and Bulgaria and in Estonia, Latvia and Lithuania shall be extended to all imports under that tariff quota, irrespective of the origin of the animals.
Article 2
Detailed rules for the application of this Regulation shall be adopted by the Commission in accordance with the procedure provided for in Article 27 of Council Regulation (EEC) No 805/68 of 27 June 1968 on the common market organization of the market in beef and veal (4).
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply to imports for which licences were issued during the period from 1 July 1995 to 30 June 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 November 1997. | [
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COMMISSION DECISION of 16 December 1991 approving the plan concerning infectious haemopoietic necrosis and viral haemorrhagic septicaemia presented by Portugal (Only the Portuguese text is authentic) (92/45/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 90/495/EEC of 24 September 1990 introducing a Community financial measure with a view to the eradication of infectious haemopoietic necrosis of salmonids in the Community (1), and in particular Article 4 thereof,
Whereas, in accordance with Article 1 of Decision 90/495/EEC, Member States must submit a plan for assessing the rate of infection of infectious haemopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS) in their territory;
Whereas by letter dated 28 December 1990, Portugal has notified the Commission of its plan; whereas this plan has been replaced by the plan presented on 19 July 1991;
Whereas, after examination, the plan was found to comply with Decision 90/495/EEC, and in particular with Article 3 thereof;
Whereas the conditions for financial participation by the Community as foreseen in Article 7 of Decision 90/495/EEC, 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 plan for assessing the rate of infection of IHN and VHS within its territory, presented by Portugal, is hereby approved.
Article 2
Portugal shall bring into force by 1 November 1991 the laws, regulations and administrative provisions for implementing the plan referred to in Article 1.
Article 3
The financial participation of the Community for Portugal is fixed at 50 % of the expenditure incurred pursuant to points 4 and 5 of Article 3 of Decision 90/495/EEC.
Article 4
The Community financial participation is granted upon presentation of the supporting documents.
Article 5
This Decision is addressed to Portugal. Done at Brussels, 16 December 1991. | [
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Commission Decision
of 12 March 2001
requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode) as regards areas in Portugal, other than those in which it is known not to occur
(notified under document number C(2001) 692)
(2001/218/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular Article 16(3) thereof,
Whereas:
(1) Where a Member State considers that there is an imminent danger of the introduction into its territory of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al., (the pine wood nematode (PWN)), from another Member State, it may temporarily take any additional measures necessary to protect itself from that danger.
(2) Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. Complementary reports supplied by Portugal indicated that more samples of pine trees showed infestation by it.
(3) Sweden, on the basis of the abovementioned information adopted on 29 September 1999, certain additional measures including a special heat treatment and the use of a plant passport, for all wood leaving Portugal, with a view to strengthening protection against the introduction of PWN from Portugal.
(4) It has not yet been possible either to identify the source of contamination although elements indicate that packaging material is the most likely pathway.
(5) The Commission, by Decision 2000/58/EC(2) authorised Member States temporarily to take additional measures against the dissemination of PWN, as regards areas in Portugal, other than those in which it is known not to occur.
(6) From an assessment by the Food and Veterinary Office (FVO) in May and October 2000 and additional information supplied by Portugal, it appears that the phytosanitary situation has improved as a result of the application of an eradication programme. However trees showing symptoms of infestation by PWN were still found during surveys of the area where it was previously known to occur.
(7) In official surveys carried out by the other Member States on wood, isolated bark and plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., originating in their country, none of the samples taken and analysed tested positive for the presence of the PWN.
(8) It is therefore necessary for Portugal to continue to take specific measures. It may also be necessary for the other Member States to continue to adopt additional measures to protect themselves.
(9) The above measures should refer to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States.
(10) It is also necessary that Portugal continues to take measures to control the spread of PWN with the aim of eradication.
(11) The effect of the emergency measures will be assessed continually during 2001 and 2002, in particular on the basis of information to be provided by Portugal and the other Member States. If it becomes apparent that the emergency measures referred to in the present Decision are not sufficient to prevent the spread of PWN or have not been complied with, more stringent or alternative measures should be envisaged.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
In this Decision:
- "the pine wood nematode (PWN)" means Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.,
- "susceptible wood and bark" means wood and isolated bark of conifers (Coniferales), except that of Thuja L.;
- "susceptible plants" means plants (other than fruit and seeds) of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.
Article 2
Until 28 February 2002 Portugal shall ensure that the conditions laid down in the Annex to this Decision are met in relation to susceptible wood, bark and plants, which are to be moved within or from demarcated areas in Portugal and defined as in accordance with Article 5, either to other areas in Portugal or to other Member States.
The conditions specified in part 1 of the Annex to this Decision, shall apply only to consignments leaving the demarcated areas in Portugal after 28 February 2001.
Article 3
Member States of destination other than Portugal:
(a) may subject consignments of susceptible wood, and bark and of susceptible plants coming from demarcated areas in Portugal and moved into their territory to testing for the presence of PWN;
(b) may take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in the Annex to this Decision.
Article 4
Member States shall conduct official surveys for PWN, on susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN.
Without prejudice to the provisions of Article 16(1) of Directive 2000/29/EC, where the results of the surveys provided for in the first paragraph indicate the occurrence of the PWN in areas where it was previously unknown, they shall be notified to the other Member States and to the Commission by 15 November 2001.
Article 5
Portugal shall establish areas in which PWN is known not to occur, and demarcate areas (hereinafter called demarcated areas) comprised of a part in which the PWN is known to occur and a part designated as buffer zone of not less than 20 km with surrounding that part, taking into account the results of the surveys referred to in Article 4.
The Commission shall compile a list of areas in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas.
The list of the areas referred to in the first sentence of the second paragraph shall be adjusted by the Commission according to the results of the survey referred to in the second paragraph of Article 4 and to the findings notified under Article 16(1) of Directive 2000/29/EC.
Article 6
This Decision shall be reviewed by 15 December 2001 at the latest.
Article 7
Decision 2000/58/EC is hereby repealed with effect from the date of coming into force of this Decision.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 12 March 2001. | [
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COMMISSION REGULATION (EC) No 1358/2007
of 21 November 2007
amending Regulation (EC) No 1725/2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Standard (IFRS) 8
(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 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), and in particular Article 3(1) thereof,
Whereas:
(1)
By Commission Regulation (EC) No 1725/2003 (2) certain international standards and interpretations that were extant at 14 September 2002 were adopted.
(2)
On 30 November 2006, the International Accounting Standards Board (IASB) published International Financial Reporting Standard (IFRS) 8 Operating Segments, hereinafter ‘IFRS 8’. IFRS 8 sets out the requirements for the disclosure of information about an entity's operating segments. IFRS 8 replaces International Accounting Standard (IAS) 14 Segment reporting.
(3)
The consultation with the Technical Expert Group (TEG) of the European Financial Reporting Advisory Group (EFRAG) confirms that IFRS 8 meets the technical criteria for adoption set out in Article 3(2) of Regulation (EC) No 1606/2002.
(4)
Regulation (EC) No 1725/2003 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Accounting Regulatory Committee,
HAS ADOPTED THIS REGULATION:
Article 1
In the Annex to Regulation (EC) No 1725/2003:
‘International Financial Reporting Standard (IFRS) 8 Operating Segments’, is inserted as set out in the Annex to this Regulation.
Article 2
Each company shall apply IFRS 8 as set out in the Annex to this Regulation as from the commencement date of its 2009 financial year at the latest.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 November 2007. | [
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COMMISSION REGULATION (EC) No 1856/2006
of 15 December 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 16 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 2006. | [
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COUNCIL DECISION of 27 July 1994 adopting a specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) (94/571/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 130i (4) 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, by Decision 1110/94/EC (3), the Council and the European Parliament adopted a Fourth Framework programme for Community activities in the field of research, technological development and demonstration (RTD) for the period 1994-98 specifying inter alia the activities to be carried out in the field of industrial and materials technologies; whereas this Decision takes account of the grounds set out in the preamble to that Decision;
Whereas Article 130i (3) of the Treaty stipulates that the Framework programme is to be implemented through specific programmes developed within each activity under the Framework programme and that each specific programme is to define the detailed rules for its implementation, fix its duration and provide for the means deemed necessary;
Whereas the amount deemed necessary for carrying out this programme is ECU 1 617 million; whereas the appropriations for each financial year shall be laid down by the budgetary authority, subject to the availability of resources within the financial perspectives and to the conditions set out in Articles 1 (3) of Decision 1110/94/EC;
Whereas a strengthening of cooperation in RTD concerning industrial and materials technologies is needed in order to develop technologies for the sustainable development of European industry;
Whereas this programme may make a significant contribution to the stimulation of growth, to the strengthening of competitiveness and to the development of employment in the Community, as indicated in the White Paper on 'Growth, competitiveness and employment';
Whereas the content of the Fourth Framework programme for Community RTD activities was established in accordance with the subsidiarity principle; whereas this specific programme specifies the content of the activities to be carried out in accordance with this principle in the field of industrial and materials technologies;
Whereas Decision 1110/94/EC lays down that a Community action is justified if, inter-alia, research contributes to the strengthening of the economic and social cohesion of the Community and the promotion of its overall harmonious development, while being consistent with the pursuit of scientific and technical quality; whereas this programme is intended to help meet these objectives;
Whereas the Community should only support RTD activities of high quality;
Whereas precompetitive and multisectoral research activities relating to steel product and process innovation may gradually be taken into account in the context of this specific programme, given the importance attached to these activities and in view of the forthcoming expiry of the ECSC Treaty;
Whereas the rules for the participation of undertakings, research centres (including the Joint Research Centre (JRC)) and universities and the rules governing the dissemination of research results specified in the measures provided for in Article 130j of the Treaty apply to this specific programme;
Whereas provision should be made for measures to encourage the involvement of small and medium-sized enterprises (SMEs) in this programme, in particular through technology stimulation measures;
Whereas the Commission's efforts to simplify and accelerate the application and selection procedures and make them more transparent must be continued in order to support the implementation of the programme and to facilitate the action which firms, and particularly SMEs, research centres and universities have to undertake in order to participate in a Community RTD activity;
Whereas this programme will help to strengthen synergy between the RTD activities carried out in the field of industrial and materials technologies by research centres, universities and enterprises, in particular SMEs, in the Member States and between these and the corresponding Community RTD activities; whereas coordination between research projects with a common theme should be improved; whereas the establishment of thematic networks will permit greater synergy between fundamental research and industrial research and coordination with other European initiatives and frameworks, in particular Eureka and COST;
Whereas the nature of the activities to be undertaken in this programme requires close coordination with activities undertaken under other specific programmes;
Whereas an action designed to place the development of Europe's industry on new technological foundations must be based on an adequate knowledge of technological demand; whereas such knowledge is particularly necessary in order to give priority to general technologies for widespread dissemination among the sectors involved;
Whereas it may be appropriate to engage in international cooperation activities with international organizations and third countries for the purpose of implementing this programme;
Whereas this programme should also comprise support activities and activities for the dissemination and exploitation of RTD results, in particular towards SMEs, notably those in the Member states or regions which participate least in the programme, and activities to stimulate the mobility and training of researchers within this programme to the extent necessary for proper implementation of the programme;
Whereas an analysis should be made of possible socio-economic consequences and technological risks associated with the programme;
Whereas progress with this programme should be continuously and systematically monitored with a view to adapting it, where appropriate, to scientific and technological developments in this area; whereas in due course there should be an independent evaluation of progress with the said programme so as to provide all the background information needed in order to determine the objectives of the Fifth RTD framework programme; whereas at the end of this programme there should be a final evaluation of the results obtained compared with the objectives set out in this Decision;
Whereas the JRC may participate in indirect actions covered by this programme;
Whereas the JRC will also contribute, through its own programme, to the attainment of the Community RTD objectives in the areas covered by this programme;
Whereas the Scientific and Technical Research Committee (Crest) has been consulted,
HAS ADOPTED THIS DECISION:
Article 1
A specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies, as set out in Annex I, is hereby adopted for the period from 27 July 1994 to 31 December 1998.
Article 2
1. The amount deemed necessary for carrying out the programme is ECU 1 617 million, including a maximum of 5,08 % for staff and administrative expenditure.
2. An indicative breakdown of this amount is given in Annex II.
3. The budgetary authority shall lay down the appropriations for each financial year, subject to the availability of resources within the financial perspectives and in accordance with the conditions set out in Article 1 (3) of Decision 1110/94/EC, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European Communities.
Article 3
1. The general rules for the Community's financial contribution are laid down in Annex IV to Decision 1110/94/EC.
2. The rules for the participation of undertakings, research centres and universities, and for the dissemination of results are specified in the measures envisaged in Article 130j of the Treaty.
3. Annex III sets out the specific rules for implementing this programme, supplementary to those referred to in paragraphs 1 and 2.
Article 4
1. In order to help ensure, inter alia, the cost-effective implementation of this programme, the Commission shall continually and systematically monitor, with appropriate assistance from independent, external experts, the progress within the programme in relation to the objectives set out in Annex I, as amplified in the work programme. It shall in particular examine whether the objectives, priorities and financial resources are still appropriate to the changing situation. It shall, if necessary, in the light of the results of this monitoring process, submit proposals to adapt or supplement this programme.
2. In order to contribute towards the evaluation of Community activities, as required by Article 4 (2) of Decision 1110/94/EC and in compliance with the timetable laid down in that paragraph, the Commission shall have an external assessment conducted by independent qualified experts of the activities carried out within the areas covered by this programme and their management during the five years preceding this assessment.
3. At the end of this programme the Commission shall have an independent final evaluation carried out of the results achieved compared with the objectives set out in Annex III to Decision 1110/94/EC and Annex I to this Decision. The final evaluation report shall be forwarded to the European Parliament, the Council and the Economic and Social Committee.
Article 5
1. A work programme shall be drawn up by the Commission in accordance with the objectives set out in Annex I and the indicative financial breakdown set out in Annex II, and shall be updated where appropriate. It shall set out in detail:
- the scientific and technological objectives and research tasks,
- the implementation schedule, including dates for calls for proposals,
- the proposals financial and managerial arrangements, including specific modalities for implementing technology stimulation measures for SMEs and the general lines of other measures, including preparatory, accompanying and support measures,
- arrangements for coordination with other RTD activities carried out in this area, in particular under other specific programmes, and, where appropriate, for ensuring improved interaction with activities carried out in other frameworks, such as Eureka and COST,
- arrangements for the dissemination, protection and exploitation of the results of RTD activities carried out under the programme.
2. The Commission shall issue calls for proposals for projects on the basis of the work programme.
Article 6
1. The Commission shall be responsible for the implementation of the programme.
2. In the cases provided for in Article 7 (1), the Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.
3. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a time limit that the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority provided for 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.
4. The Commission shall adopt the measures envisaged when they are in accordance with the opinion of the Committee.
5. If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
6. If, on the expiry of a period of three months from referral of the matter to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 7
1. The procedure laid down in Article 6 (2) to (6) shall apply to:
- the preparation and updating of the work programme referred to in Article 5 (1),
- the content of the calls for proposals,
- the assessment of the RTD activities proposed for Community funding and the estimated amount of the Community contribution for each activity where this is equal to or more than ECU 0,9 million,
- any adjustment to the indicative breakdown of the amount as set out in Annex II,
- specific modalities for the financial participation of the Community in the different activities envisaged,
- the measures and terms of reference for programme evaluation,
- any departure from the rules set out in Annex III,
- participation in any project by legal entities from third countries and international organizations.
2. Where, pursuant to the third indent of paragraph 1, the amount of the Community contribution is less than ECU 0,9 million, the Commission shall inform the Committee of the projects and of the outcome of their assessment.
3. The Commission shall regularly inform the Committee of progress with the implementation of the programme as a whole.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 27 July 1994. | [
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COMMISSION REGULATION (EC) No 135/2005
of 27 January 2005
fixing production refunds on cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003, on the common organisation of the market in cereals (1), and in particular Article 8(2) thereof,
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 8(e) thereof,
Whereas:
(1)
Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (3) lays down the conditions for granting production refunds. The basis for calculating the refund is laid down in Article 3 of that Regulation. The refund thus calculated, differentiated where necessary for potato starch, must be fixed once a month and may be amended if the price of maize and/or wheat changes significantly.
(2)
The production refunds fixed in this Regulation should be adjusted by the coefficients listed in the Annex II to Regulation (EEC) No 1722/93 to establish the exact amount to be paid.
(3)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The refund per tonne of starch referred to in Article 3(2) of Regulation (EEC) No 1722/93, is hereby fixed at:
(a)
EUR 0,00/tonne for starch from maize, wheat, barley, oats, rice or broken rice;
(b)
EUR 0,00/tonne for potato starch.
Article 2
This Regulation shall enter into force on 28 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 January 2005. | [
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COMMISSION REGULATION (EC) No 1204/97 of 27 June 1997 amending Regulation (EEC) No 3472/85 on the buying in and storage of olive oil by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1581/96 (2), and in particular Article 12 (4) thereof,
Whereas Commission Regulation (EEC) No 3472/85 (3), as last amended by Regulation (EC) No 1509/94 (4), specifies, inter alia, the analysis methods to be used to determine the quality of olive oil offered for intervention;
Whereas, with a view to promoting quality policy and to guaranteeing better control of the quality of olive oil offered for intervention, the analysis methods to be used for that purpose should be supplemented;
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
Article 2 (4) of Regulation (EEC) No 3472/85 is hereby amended as follows:
1. points (a) and (b) are replaced by the following:
'(a) has checked by means of the methods set out in Regulation (EEC) No 2568/91 that the relevant physical and chemical characteristics of the virgin olive oil offered are in conformity to those indicated, for one of the categories of virgin olive oil, in Annex I to that Regulation.`;
2. point (c) becomes point (b).
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 1997. | [
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COMMISSION REGULATION (EEC) No 2994/91 of 11 October 1991 on arrangements for imports into Germany, Benelux, the United Kingdom, Ireland, Denmark, Greece and Portugal of certain textile products (category 3) originating in Pakistan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), as last amended by Commission Regulation (EEC) No 2416/91 (2), and in particular Article 11 thereof,
Whereas Article 11 of Regulation (EEC) No 4136/86 lays down the conditions under which quantitative limits may be established; whereas imports into the Community of certain textile products (category 3) specified in the Annex hereto and originating in Pakistan have exceeded the level referred to in Article 11 (2);
Whereas imports of these products into France, Italy and Spain are already subject to regional quantitative limits for the years 1987 to 1991 by Regulations (EEC) No 2955/87 (3) and (ECC) No 2441/89 (4);
Whereas, in accordance with Article 11 (5) of Regulation (EEC) No 4136/86, on 18 September 1991 Pakistan was notified of a request for consultations; whereas, pending a mutually satisfactory solution, the Commission has requested Pakistan for a provisional period of three months to limit its exports to Germany, Benelux, the United Kingdom, Ireland, Denmark, Greece and Portugal of products falling within category 3 to the provisional quantitative limits set out in the Annex with effect from the date of the request for consultations; whereas pending the outcome of the requested consultations quantitative limits identical to those requested of the supplier country should be applied provisionally to imports of the category of products in question;
Whereas Article 11 (13) ensures that the quantitative limits are observed by means of a double-checking system in accordance with Annex VI to Regulation (EEC) No 4136/86;
Whereas the products in question exported from Pakistan between 18 September 1991 and the date of entry into force of this Regulation must be set off against the quantitative limits which have been introduced;
Whereas these quantitative limits should not prevent the importation of products covered by them shipped from Pakistan before the date of entry into force of this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to the provisions of Article 2, imports into Germany, Benelux, the United Kingdom, Ireland, Denmark, Greece and Portugal of the category of products originating in Pakistan and specified in the Annex hereto shall be subject to the provisional quantitative limits set out in that Annex.
Article 2
1. Products referred to in Article 1 shipped from Pakistan to Germany, Benelux, the United Kingdom, Ireland, Denmark, Greece and Portugal before the date of entry into force of this Regulation and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other transport document proving that shipment actually took place during that period.
2. Imports of products shipped from Pakistan to Germany, Benelux, the United Kingdom, Ireland, Denmark, Greece and Portugal after the entry into force of this Regulation shall be subject to the double-checking system described in Annex VI to Regulation (EEC) No 4136/86.
3. All quantities of products shipped from Pakistan to Germany, Benelux, the United Kingdom, Ireland, Denmark, Greece and Portugal on or after 18 September 1991 and released for free circulation shall be deducted from the quantitative limits laid down. These provisional limits shall not, however, prevent the importation of products covered by them but shipped from Pakistan before the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply until 17 December 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 October 1991. | [
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COMMISSION REGULATION (EC) No 562/2000
of 15 March 2000
laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 27(4), Article 41 and Article 47(8) thereof,
Whereas:
(1) From 1 July 2002, after a transitional period during which the previous buying-in arrangements are to continue to apply, Regulation (EC) No 1254/1999 introduces a single buying-in scheme to replace the buying-in arrangements provided for in Council Regulation (EEC) No 805/68(2), as last amended by Regulation (EC) No 1633/98(3). In view of that new scheme, Commission Regulation (EEC) No 2456/93 of 1 September 1993 laying down detailed rules for the application of Council Regulation (EEC) No 805/68 as regards the general and special intervention measures for beef(4), as last amended by Regulation (EC) No 2304/98(5), must be amended. On the occasion of that amendment, for the sake of clarity, that Regulation should be recast. To ensure a smooth switchover to the new Regulation, the provisions now in force should be maintained until the second invitation to tender of March 2000. Commission Regulation (EEC) No 1627/89 of 9 June 1989 on the buying-in of beef by invitation to tender(6), as last amended by Regulation (EC) No 34/2000(7), should also be repealed with effect from 1 July 2002.
(2) Furthermore, certain rules of application should be supplemented or spelt out more clearly to take account of experience gained and specific problems encountered previously in the way public intervention operated. Such essentially technical rules relate in particular to the presentation, take-over, inspection and storage of the products bought in.
(3) Since Article 47 of Regulation (EC) No 1254/1999 provides for the current buying-in arrangements to continue to apply until 30 June 2002, transitional provisions setting out detailed rules of application specific to those arrangements must be laid down.
(4) Article 27(1) of Regulation (EC) No 1254/1999 ties the opening of public intervention to the average market price in a Member State or region of a Member State. Rules must accordingly be laid down for calculating the market prices in the Member States, in particular as regards the qualities to be used and weighting, the coefficients to be used for converting them into the reference quality grade R3 and the mechanisms for opening and closing buying-in.
(5) The conditions for eligibility must rule out products that are not representative of national production of the Member State and that do not meet the health and veterinary rules in force and those over a weight normally sought after on the market. The eligibility of beef carcases of grade O3, which can be bought in in Ireland, should also be extended to Northern Ireland in order to prevent deflections of trade that might disturb the beef market in that part of the Community.
(6) Specific rules on identifying eligible carcases should be laid down requiring the slaughter number to be stamped on the inner side of each quarter. As regards presentation, carcases should be cut in a uniform manner to facilitate the disposal of the cuts, improve monitoring of boning operations and as a result ensure that the cuts meet the same definition throughout the Community. To that end, carcases should be straight cut and forequarters and hindquarters should be defined as five-rib and eight-rib respectively in order to reduce to the minimum the number of boneless cuts and trimmings and to make the best use of the products obtained.
(7) In order to prevent speculation that could distort the true market situation, interested parties should each be able to submit only one tender per category in response to each invitation to tender. In order to prevent the use of frontmen, "interested parties" should be defined as including only the category of operators who are traditionally involved in intervention by virtue of their economic activities.
(8) In view of experience gained in the area of tender submission, provision should also be made for interested parties to take part in invitations to tender, where appropriate, on the basis of contracts concluded with the intervention agencies in accordance with conditions to be stipulated in the specifications.
(9) More precise rules should be laid down on the lodging of securities in cash so that intervention agencies can accept cheque guarantees.
(10) Following the ban on the use of any specified risk material and in order to take into account the resulting increase in costs and fall in income in the beef and veal sector, the increase applicable to the average market price and used to determine the maximum buying-in price should be aligned as from 1 July 2002 on the highest amount at the time.
(11) As far as the delivery of the products is concerned, in the light of experience the intervention agencies should be authorised, where applicable, to reduce the time limit for delivery of the products in order to prevent deliveries relating to two successive invitations to tender from overlapping.
(12) The risks of irregularities are particularly high when carcases bought in are boned systematically. Intervention centres' refrigeration and cutting plants should therefore be required to be independent of the slaughterhouses and the successful tenderers concerned. To deal with any practical difficulties that may arise in certain Member States, derogations from that principle may be allowed, provided that the quantities boned are strictly limited and the checks conducted on take-over enable the boned meat to be traced and manipulations to be ruled out as far as possible. In the light of the latest investigations, greater emphasis must be laid on checks of residues of prohibited substances in meat, and in particular those substances having a hormonal action.
(13) Only products meeting the quality and presentation requirements laid down by Community regulations may be taken over by intervention agencies. Experience shows that certain detailed rules should be laid down on take-over and checks. Provision should be made in particular for a preliminary inspection to be carried out at the slaughterhouse to eliminate ineligible meat at an early stage. In order to improve the reliability of the procedure for the acceptance of products delivered, qualified officials whose impartiality is guaranteed by their independence from the interested parties concerned and by their periodic rotation should be employed. The points to be covered by inspections should also be specified.
(14) With a view to improving checks by intervention agencies on take-over of the products, the provisions on the procedure applied, in particular, for defining consignments, for preliminary inspections and for checking the weight of the products bought in should be made clearer. To that end, the provisions on the monitoring of boning of meat bought in and the rejection of products should be stricter. This also applies to inspections of products during storage.
(15) The provisions applicable to carcases must stipulate in particular the way they are to be hung and specify any damage or handling liable to affect the commercial quality of the products or to contaminate them that is to be avoided during processing.
(16) The freezing procedure has a direct effect on the quality and preservation of stored meat. Bone-in meat should accordingly be blastfrozen in the unwrapped state immediately after acceptance and should not be wrapped until immediately thereafter.
(17) In order to ensure that boning is carried out properly, cutting plants should have one or more blast freezers nearby. Derogations from this requirement should be keep to an absolute minimum. The conditions governing the constant and continuous physical monitoring of boning should be stipulated, in particular by requiring inspectors to be independent and laying down a minimum number of checks to be conducted.
(18) The rules on the storage of cuts must enable them to be identified easily. To that end, the competent national authorities must in particular take the necessary measures as regards traceability and storage with a view to facilitating the subsequent disposal of products bought in, by taking into account any requirements relating to the veterinary health status of the animals from which the products come. Furthermore, with a view to improving storage of cuts and simplifying identification, packing should be standardised and cuts should be designated by their full names or Community codes.
(19) The provisions on packing in cartons, pallets and cages should be tightened up to facilitate the identification and improve the preservation of products in storage, to step up the fight against fraud and to improve access to products with a view to their inspection and disposal.
(20) 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
Scope
This Regulation lays down detailed rules for the buying-in of beef as provided for in Articles 27 and 47 of Regulation (EC) No 1254/1999.
CHAPTER I
BUYING-IN
Section 1
General rules
Article 2
Intervention regions in the United Kingdom
The United Kingdom shall consist of two intervention regions as follows:
- region I: Great Britain,
- region II: Northern Ireland.
Article 3
Opening and closure of buying-in by invitation to tender
Article 27 of Regulation (EC) No 1254/1999 shall apply in accordance with the following rules:
(a) with a view to ascertaining that the conditions laid down in paragraph 1 of that Article are fulfilled:
- the average market price by eligible category in a Member State or in a region thereof shall take account of the prices for qualities U, R and O, expressed in quality R3 using the coefficients set out in Annex I, in the Member State or region concerned,
- the average market prices shall be recorded in accordance with the conditions and in respect of the qualities laid down in Commission Regulation. (EEC) No 295/96(8),
- the average market price by eligible category in a Member State or a region thereof shall be the average of the market prices for all the qualities referred to in the second indent, weighted by the proportion each represents of total slaughterings in that Member State or region;
(b) decisions to open buying-in shall be made by category and Member State or region thereof on the basis of the two most recent weekly market prices recorded;
(c) decisions to close buying-in shall be made by category and Member State or region thereof on the basis of the most recent weekly market prices recorded.
Article 4
Conditions for the eligibility of products
1. The products listed in Annex II and falling within the following categories defined in Article 3(1) of Council Regulation (EEC) No 1208/81(9) may be bought in:
(a) meat of uncastrated young male animals of less than two years of age (category A);
(b) meat of castrated male animals (category C).
2. Carcases and half carcases may be bought in only where they:
(a) have obtained the health mark referred to in Chapter XI of Annex I to Council Directive 64/433/EEC(10);
(b) have no characteristics rendering them unfit for storage or subsequent use;
(c) do not come from animals slaughtered as a result of emergency measures;
(d) originate in the Community within the meaning of Article 39 of Commission Regulation (EEC) No 2454/93(11);
(e) are derived from animals raised in accordance with the prevailing veterinary requirements;
(f) do not exceed the maximum radioactivity levels permitted under Community regulations. The level of radioactive contamination of the product shall be monitored only if the situation so requires and only for as long as is necessary. The duration and scope of any controls necessary shall be determined in accordance with the procedure laid down in Article 43 of Regulation (EC) No 1254/1999;
(g) come from carcases not weighing more than 340 kg.
3. Carcases and half carcases may be bought in only where they are:
(a) presented, where appropriate after cutting into quarters at the expense of the party concerned, in accordance with Annex III; all parts of the carcase must be inspected to assess compliance with the requirements of point 2 of that Annex; failure to comply with any of those requirements shall result in rejection; where a quarter is rejected for failure to comply with such conditions of presentation and in particular where unsatisfactory presentation cannot be improved during the acceptance procedure, the other quarter of the same half carcase shall also be rejected;
(b) classified in accordance with the Community scale provided for in Regulation (EEC) No 1208/81; the intervention agencies shall reject any products which they do not deem to be classified in conformity with that scale after conducting a detailed inspection of all parts of the carcase;
(c) identified, first, by markings indicating the category, the conformation class and the degree of fat cover and, secondly, by an identification or slaughter number. Markings indicating the category, conformation class and fat cover must be perfectly legible and shall be stamped using non-toxic, fast, indelible ink in accordance with a procedure approved by the competent national authorities; the letters and figures must be at least 2 cm high. The markings shall be applied to the striploin at the level of the fourth lumbar vertebra on hindquarters and approximately 10 to 30 cm from the cut edge of the sternum on forequarters. The identification or slaughter number shall be marked in the middle of the inner side of each quarter using a stamp or indelible marker authorised by the intervention agency.
Article 5
Intervention centres
1. The intervention centres shall be selected by the Member States with a view to ensuring the effectiveness of intervention measures.
The facilities at these centres must permit:
(a) bone-in meat to be taken over;
(b) freezing of all meat to be preserved without further processing;
(c) storage of such meat for at least three months under technically satisfactory conditions.
2. Only intervention centres whose cutting plants and refrigeration plants are unconnected with the slaughterhouse and/or the successful tenderer and which are operated, managed and staffed independently of the latter may be selected for bone-in meat intended for boning.
In case of practical difficulties, Member States may derogate from the first subparagraph, provided that they tighten controls at the time of acceptance in accordance with Article 17(5); in that event, the intervention agencies shall, without prejudice to the veterinary requirements, be authorised to carry out boning of all or part of the beef bought in where the quantity bought in per week does not exceed 1000 tonnes per week, and of up to 50 % of any quantity bought in per week in excess of that amount.
Article 6
Blastfreezing of bone-in beef
1. Member States shall take all measures necessary to ensure the satisfactory preservation of the bone-in quarters stored and to limit weight losses. The internal temperature shall be reduced to or below -7 °C within 36 hours during blastfreezing.
2. With a view to freezing, bone-in quarters must be hung in blast freezers immediately after acceptance.
Article 7
Wrapping of bone-in beef
Immediately after blast freezing, bone-in meat shall be wrapped in polyethylene or polypropylene at least 0,05 mm thick, suitable for wrapping foodstuffs, and in stockinettes made of cotton or a sufficiently resistant synthetic material, in such a way that the meat (including the shank) is entirely covered by such wrappings.
Article 8
Storage of bone-in beef
1. The intervention agencies shall ensure that forequarters and hindquarters bought in are stored separately and are easily identifiable by invitation to tender and by month of storage.
2. The intervention agencies shall be authorised to store separately bone-in forequarters deemed to be of a quality and presentation suitable for industrial purposes.
In such cases, the quarters stored shall be easily identifiable and separate records shall be kept for them.
Section 2
Tendering and take-over
Article 9
Opening and closure of invitations to tender
1. Notices of invitation to tender, amendments thereto and closure thereof shall be published in the Official Journal of the European Communities no later than the Saturday before the closing date for the submission of tenders.
2. When invitations to tender are issued, a minimum price below which tenders shall not be admissible may be fixed.
Article 10
Submission and notification of tenders
During the period covered by the invitation to tender, the deadline for the submission of tenders shall be 12 noon (Brussels time) on the second and fourth Tuesdays of each month, with the exception of the second Tuesday of August and the fourth Tuesday of December where no submission of tenders shall take place. If the Tuesday falls on a public holiday, the deadline shall be brought forward by 24 hours. Within 24 hours of the deadline for the submission of tenders, the intervention agencies shall notify the Commission of the tenders they have received.
Article 11
Conditions to be met for tendering
1. Only the following may submit tenders:
(a) slaughterhouses for bovine animals approved in accordance with Article 3(1)(A)(a) of Directive 64/433/EEC, whatever their legal status; and
(b) livestock or meat traders who have slaughtering undertaken therein on their own account and who are entered in a national VAT register.
2. In response to invitations to tender, interested parties shall submit their tenders to the intervention agencies of the Member States where they have been issued, either by lodging a written bid against a receipt or by any other written means of communication accepted by the intervention agency, with advice of receipt.
The submission of tenders may be the subject of contracts on terms laid down by the intervention agencies and in accordance with their specifications.
3. Interested parties may submit only one tender per category in response to each invitation to tender.
The Member States shall ensure that tenderers are independent of each other in the terms of their management, staffing and operations.
Where there are serious indications to the contrary or that tenders are not in line with economic facts, tenders shall be deemed admissible only where the tenderer presents suitable evidence of compliance with the second subparagraph.
Where it is established that a tenderer has submitted more than one tender, all the tenders from that tenderer shall be deemed inadmissible.
4. Tenders shall state:
(a) the name and address of the tenderer;
(b) the quantity tendered, expressed in tonnes, of the products of the categories specified in the notice of invitation to tender;
(c) the price quoted in accordance with Article 18(3), expressed per 100 kg of products of quality R3 in euro rounded off to not more than two decimal places.
5. Tenders shall be valid only if:
(a) they relate to at least 10 tonnes;
(b) they are accompanied by a written undertaking from the tenderer to comply with all the provisions relating to the invitation to tender concerned; and
(c) proof is furnished that by the closing date for the submission of tenders the tenderer has lodged a tendering security as provided for in Article 12 in respect of the invitation to tender concerned.
6. Tenders may not be withdrawn after the expiry of the deadline for submission specified in Article 10.
7. Tenders shall be confidential.
Article 12
Securities
1. The maintenance of tenders after the deadline for the submission of tenders and the delivery of the products to the store designated by the intervention agency within the timelimit laid down in Article 16(2) shall constitute primary requirements, the fulfilment of which shall be ensured by the lodging of a security of EUR 30 per 100 kg.
Securities shall be lodged with the intervention agency in the Member State in which the tender is submitted.
2. Securities shall be lodged only in the form of cash deposits as defined in Article 13 and Article 14(1) and (3) of Commission Regulation (EEC) No 2220/85(12).
3. In the case of tenders which are not accepted, securities shall be released as soon as the outcome of the invitation to tender is published.
In the case of tenders which are accepted, securities shall be released on completion of take-over of the products, without prejudice to Article 17(7).
Article 13
Award
1. In the light of the tenders received in response to each invitation to tender and in accordance with the procedure laid down in Article 43 of Regulation (EC) No 1254/1999, a maximum buying-in price relating to quality R3 shall be fixed per category; where the particular circumstances so require, a different price may be set by Member State or region thereof to reflect the average market prices recorded.
2. A decision may be taken to make no award.
3. If the total quantities offered at a price equal to or below the maximum price exceed the quantities to be bought in, the quantities awarded may be reduced for each category by applying reducing coefficients, to fall by an amount increasing progressively with the price differential and the quantities covered by the tenders.
Where the particular circumstances so require, such reducing coefficients may vary by Member State or region thereof with a view to ensuring that the intervention mechanisms function properly.
Article 14
Maximum buying-in price
1. Tenders shall not be considered if the price quoted is higher than the average market price recorded by category in each Member State or region thereof, converted into quality R3 using the coefficients set out in Annex I, plus EUR 10 per 100 kg carcase weight.
2. Without prejudice to paragraph 1, tenders shall be rejected if the price quoted is higher than the maximum price as referred to in Article 13 for the invitation to tender concerned.
3. Where the buying-in price awarded to tenderers is higher than the average market price as referred to in paragraph 1, the price awarded shall be adjusted by multiplying it by the coefficient obtained by applying formula A in Annex IV. However, that coefficient may not:
(a) be greater than 1;
(b) result in a reduction in the price awarded that is greater than the difference between that price and the average market price.
Should the Member State possess reliable data and have suitable means of verification, it may decide to calculate the coefficient for each tenderer using formula B in Annex IV.
4. Rights and obligations arising under invitations to tender shall not be transferable.
Article 15
Limitation of buying-in
Where the intervention agencies of the Member States are offered meat in quantities greater than they are able to take over forthwith, they may limit buying-in to the quantities they can take over in their territory or in one of their intervention regions.
The Member States shall ensure equality of access for all parties concerned in the event of such limitation.
Article 16
Notification of successful tenderers and delivery
1. The intervention agencies shall inform the individual tenderers immediately of the outcome of their tenders.
Intervention agencies shall issue numbered delivery orders forthwith to the successful tenderers, stating:
(a) the quantity to be delivered;
(b) the price at which the award is made;
(c) the timetable for delivery of the products;
(d) the intervention centre or centres where delivery is to be made.
2. Successful tenderers shall deliver the products not later than 17 calendar days after the first working day following publication of the regulation fixing the maximum buying-in price and the quantities of beef to be bought in.
However, the Commission may, depending on the quantities awarded, extend that period by one week. Deliveries may be split up into more than one consignment. In addition, intervention agencies may, when setting the timetable for deliveries of the products, reduce that period to not less than 14 calendar days.
Article 17
Take-over
1. The intervention agencies shall take over:
(a) bone-in meat intended for storage without further processing or for partial boning either at the entrance weighing point of the intervention centre's cold store or at the entrance weighing point of the intervention centre's cutting plant;
(b) bone-in meat intended for boning at the entrance weighing point at the intervention centre's cutting plant.
Products shall be delivered in consignments of a quantity between 10 and 20 tonnes. However, the quantity may be below 10 tonnes only if it is the final balance of the original offer or if the original offer has been scaled back below 10 tonnes.
Products delivered shall be accepted and taken over subject to verification by the intervention agency that they comply with the requirements laid down in this Regulation. Compliance with the requirements laid down in Article 4(2)(e) and in particular the absence of substances prohibited under Article 3 and Article 4(1) of Council Directive 96/22/EC(13) shall be verified by analysis of a sample, the size and sampling of which is laid down in the relevant veterinary legislation.
2. Where no preliminary inspection is conducted immediately before loading at the slaughterhouse loading bay and prior to transport to the intervention centre, half carcases shall be identified as follows:
(a) where they are simply marked, the markings must comply with Article 4(3)(c), and a document specifying the identification or slaughter number and the slaughter date relating to the half carcase shall be completed;
(b) where they are labelled in addition, the labels must comply with Article 1(2), (3) and (4) of Commission Regulation (EEC) No 344/91(14).
Where half-carcases are cut into quarters, the quartering shall be carried out in accordance with Annex III. With a view to acceptance, quarters shall be grouped by carcase or half carcase at the time of take-over. Where half carcases are not cut into quarters prior to transport to the intervention centre, they shall be cut in accordance with Annex III on their arrival.
At the point of acceptance, each quarter shall be identified by a label complying with Article 1(2), (3) and (4) of Regulation (EEC) No 344/91. The labels shall also show the weight of the quarter and the contract number; the labels shall be affixed directly to shin/shank tendons on the forequarters and hindquarters or neckstrap tendon on the forequarter and hindquarter flank without using metal or plastic ties.
Without prejudice to Article 24(2), the labels must remain attached to the quarters throughout the whole storage period. As far as possible, any labels attached previously shall be removed.
The acceptance procedure shall entail a systematic check of the presentation, classification, weight and labelling of each quarter delivered. The temperature of one hindquarter of each carcase shall also be checked. In particular no carcase shall be accepted where it exceeds the maximum weight laid down in Article 4(2)(g).
3. A preliminary inspection may be conducted immediately before loading at the slaughterhouse loading bay and shall cover the weight, classification, presentation and temperature of half carcases. In particular no carcase shall be accepted where it exceeds the maximum weight laid down in Article 4(2)(g). Products rejected shall be marked as such and may not be presented again for preliminary inspection or acceptance.
Such inspections shall cover consignments of up to 20 tonnes of half carcases as laid down by the intervention agency. Where more than 20 % of the total number of half carcases in any consignment inspected is rejected, the whole consignment shall be rejected in accordance with paragraph 6.
Before half carcases are transported to the intervention centre, they shall be cut into quarters in accordance with Annex III. Each quarter shall be systematically weighed and identified by a label complying with Article 1(2), (3) and (4) of Regulation (EEC) No 344/91. The labels shall also show the weight of the quarter and the contract number; the labels shall be affixed directly to shin/shank tendons on the forequarters and hindquarters or neckstrap tendon on the forequarter and hindquarter flank without using metal or plastic ties.
Without prejudice to Article 24(2), the labels must remain attached to the quarters throughout the whole storage period. As far as possible, any labels attached previously shall be removed.
The quarters from each carcase shall then be grouped for the purposes of the acceptance procedure by carcase or half carcase at the time of take-over.
A checklist giving all details of the half-carcases or quarters, including the number of half-carcases or quarters presented and either accepted or rejected, shall accompany each consignment up to the point of acceptance. The checklist shall be handed over to the accepting officer.
A seal shall be affixed to the means of transport before it leaves the slaughterhouse; the number of the seal shall be shown on the health certificate or checklist.
The acceptance procedure shall include checks of the presentation, classification, weight, labelling and temperature of the quarters delivered.
4. Preliminary inspection and acceptance of the products offered for intervention shall be carried out by an official of the intervention agency or a person authorised by the latter who is a qualified classifier, is not involved in classification at the slaughterhouse and is totally independent of the successful tenderer. Such independence shall be ensured in particular by the periodic rotation of such officials between intervention centres.
At the time of take-over, the total weight of the quarters in each consignment shall be recorded and the record kept by the intervention agency.
Where the weight of meat to be stored bone-in differs to such an extent from that indicated on the checklist that the accuracy of the weight on the checklist is called into question, the weight of each quarter shall be checked systematically and, if necessary, a new label giving the actual weight accepted and any other information required shall be affixed by the accepting officer. As far as possible, any labels affixed previously shall be removed.
A document recording full details of the weight and the number of the products presented and either accepted or rejected must be completed by the accepting officer.
5. The requirements regarding identification, delivery and controls for the take-over of bone-in meat intended for boning in intervention centres which do not meet the requirements laid down in the first subparagraph of Article 5(2) shall include the following:
(a) at the time of take-over as referred to in paragraph 1, forequarters and hindquarters for boning must be identified by the letters "INT" marked on both inner and outer sides in accordance with the same rules as those laid down in Article 4(3)(c) for marking the category and the slaughter number and the places where such markings are to be made; however, the letters "INT" shall be marked on the inner side of each quarter at the level of the third or fourth rib of forequarters and of the seventh or eighth rib of hindquarters;
(b) the codfat must remain attached up to the time of take-over and must be removed before weighing;
(c) the products delivered shall be sorted into consignments as defined under paragraph 1.
Where carcases or quarters marked "INT" are found outside the areas reserved for them, the Member State shall conduct an enquiry, take suitable measures and inform the Commission thereof.
6. Where more than 20 % of a consignment presented is rejected, in terms of number of half carcases or quarters presented, the whole consignment shall be rejected and all the products shall be marked as such and may not be presented again for preliminary inspection or acceptance.
7. If the quantity actually delivered and accepted is less than the quantity awarded, the security shall:
(a) be released in full where the difference is not more than 5 % or 175 kg;
(b) except in cases of force majeure, be forfeited:
- in part, corresponding to the quantities not delivered or not accepted where the difference is not more than 15 %,
- in full in other cases, pursuant to Article 1 of Regulation (EEC) No 2220/85.
Article 18
Price to be paid to successful tenderers
1. From the 45th day after completion of take-over of the products to the 65th day thereafter, the intervention agency shall pay successful tenderers the price quoted in their tenders.
2. Only the quantity actually delivered and accepted shall be paid for. However, if the quantity actually delivered and accepted is greater than the quantity awarded, only the quantity awarded shall be paid for.
3. Where qualities other than quality R3 are taken over, the price to be paid to successful tenderers shall be adjusted by applying the coefficient for the quality bought in as set out in Annex I.
4. The buying-in price for bone-in meat shall be the price free at the entrance weighing point of the intervention centre's cold store. The buying-in price for meat all of which is intended for boning shall be the price free at the entrance weighing point of the intervention centre's cutting plant.
The costs of unloading shall be borne by the successful tenderer.
Article 19
Exchange rate
The rate to be applied to the amount referred to in Article 14 and the price at which the award was made shall be the exchange rate applicable on the day of entry into force of the regulation fixing the maximum buying-in price and the quantities of beef to be bought in under the invitation to tender concerned.
CHAPTER II
BONING OF MEAT BOUGHT IN BY INTERVENTION AGENCIES
Article 20
Authorisation for boning
The intervention agencies shall be authorised to bone all or part of the meat bought in.
Article 21
General conditions governing boning
1. Boning may only be carried out in cutting plants approved in accordance with Article 3(1)(B)(a) of Directive 64/433/EEC and with one or more adjoining blast freezers.
At the request of a Member State, the Commission may grant a derogation for a limited period from the obligations covered by the first subparagraph; when making its decision, the Commission shall take account of current developments in plant and equipment, health and control requirements and the objective of gradual harmonisation in this field.
2. Boned cuts must meet the conditions laid down in Directive 64/433/EEC and the requirements in Annex V to this Regulation.
3. Boning may not commence before take-over of the consignment concerned has been completed.
4. No other meat may be present in the cutting room when intervention beef is being boned, trimmed or packed.
However, pigmeat may be present in the cutting room at the same time as beef, provided that it is processed on a separate production line.
5. All boning activities shall take place between 7 a.m. and 6 p.m.; boning shall not take place on Saturdays, Sundays or public holidays. Those hours may be extended by up to two hours, provided that the inspection authorities are present.
If boning cannot be completed on the day of take-over, seals shall be affixed by the competent authorities to the refrigeration rooms where the products are stored and may only be broken by the same authorities when boning resumes.
Article 22
Contracts and specifications
1. Boning shall be carried out under contract on terms laid down by the intervention agencies and in accordance with their specifications.
2. The specifications of the intervention agencies shall lay down the requirements to be met by cutting plants, shall specify the plant and equipment required and shall ensure that the Community rules on the preparation of cuts are adhered to.
They shall in particular lay down detailed conditions covering boning, specifying the method of preparation, trimming, packing, freezing and preservation of cuts with a view to their take-over by the intervention agency.
The specifications of the intervention agencies may be obtained from the addresses in Annex VI.
Article 23
Monitoring of boning
1. The intervention agencies shall ensure that continuous physical monitoring is carried out of all boning operations.
Such monitoring may be delegated to bodies which are wholly independent of the traders, slaughterers and storeys in question. In such cases, the intervention agencies shall ensure that their officials conduct an unannounced inspection of boning of meat covered by each bid. During such inspections, random checks shall be carried out of cartons of cuts before and after freezing and the quantities used shall be compared with the quantities produced on the one hand and with the bones, fat and trimmings on the other hand. Such checks shall cover at least 5 % of cartons filled during the day with a particular cut and, where there are sufficient cartons, a minimum of five cartons per cut.
2. Forequarters and hindquarters must be boned separately. In respect of each day of boning:
(a) a comparison shall be made of the numbers of cuts and of cartons filled;
(b) a form shall be completed showing separately the yields for boning of forequarters and of hindquarters.
Article 24
Special conditions governing boning
1. During boning, trimming and packing prior to freezing, the internal temperature of the beef must at no time rise above + 7 °C. Cuts may not be transported before they have been blastfrozen, except under the derogations provided for in Article 21(1).
2. All labels and foreign matter must be totally removed immediately prior to boning.
3. All bones, tendons, cartilage, neckstrap and backstrap (paddy whack) (ligamentum nuchae) and coarse connective tissues must be cleanly removed. Trimming of cuts must be confined to the removal of fat, cartilage, tendons, joint capsules and other specified trim. All obvious nervous and lymphatic tissues must be removed.
4. Large blood vessels and clots and soiled areas must be removed carefully with as little trimming as possible.
Article 25
Packing of cuts
1. Cuts shall be packed immediately after boning in such a way that no part of the meat comes into direct contact with the carton, in accordance with the requirements laid down in Annex V.
2. Polyethylene used to line cartons and polyethylene sheet or bags used to wrap cuts must be at least 0,05 mm thick and suitable for wrapping foodstuffs.
3. Cartons, pallets and cages used must meet the conditions laid down in Annex VII.
Article 26
Storage of cuts
The intervention agencies shall ensure that all boneless beef bought in is stored separately and is easily identifiable by invitation to tender, cut and month of storage.
Cuts obtained shall be stored in cold stores located in the territory of the Member State exercising jurisdiction over the intervention agency.
Save for specific derogations provided for under the procedure laid down in Article 43 of Regulation (EC) No 1254/1999, such cold stores must be capable of holding all boned beef allocated by the intervention agency for at least three months under technically satisfactory conditions.
Article 27
Costs of boning
Contracts as referred to in Article 22(1) and payments made thereunder shall cover the operations and costs resulting from the application of this Regulation, and in particular:
(a) the costs of any transport of bone-in products to the cutting plant after acceptance;
(b) boning, trimming, packing and blastfreezing;
(c) the storage, loading and carriage of frozen cuts and their take-over by the intervention agencies at the cold stores designated by them;
(d) the costs of materials, in particular for packaging;
(e) the value of any bones, fat and trimmings left at cutting plants by the intervention agencies.
Article 28
Timelimits
Boning, trimming and packaging must be completed within 10 calendar days of slaughter. However, the Member States may set shorter timelimits.
Blastfreezing shall be carried out immediately after packing, commencing in any event on the same day; the quantity of meat boned may not exceed the daily capacity of the blast freezers.
The internal temperature of boned meat shall be reduced to or below - 7 °C within 36 hours during blastfreezing.
Article 29
Rejection of products
1. Where the checks specified in Article 23(1) show breaches by the boning plant of Articles 20 to 28 in respect of a particular cut, those checks shall be extended to cover a further 5 % of the cartons filled during the day in question. Where further breaches are discovered, additional samples amounting to 5 % of the total number of cartons of the relevant cut shall be checked. When, at the fourth 5 % check, at least 50 % of the cartons are found to be in breach of those articles, the whole day's production of that cut shall be checked. However, checking of the whole day's production shall not be required once at least 20 % of the cartons of a particular cut has been found to be in breach.
2. When, on the basis of paragraph 1, less than 20 % of the cartons of a particular cut are found to be in breach, the entire contents of those cartons shall be rejected and no payment shall be made in respect of them; the boning plant shall pay the intervention agency an amount equal to the price shown in Annex VIII for the cuts that have been rejected.
If at least 20 % of the cartons of a particular cut are found to be in breach, the whole day's production of that particular cut shall be rejected by the intervention agency and no payment shall be due; the boning plant shall pay the intervention agency an amount equal to the price shown in Annex VIII for the cuts that have been rejected.
If at least 20 % of the cartons of various cuts produced during the day are found to be in breach, the whole day's production shall be rejected by the intervention agency and no payment shall be due; the boning plant shall pay the intervention agency an amount equal to the price to be paid by the agency to the successful tenderer in accordance with Article 18 for the original bone-in products bought in and which, after boning, have been rejected, that price being increased by 20 %.
Where the third subparagraph is applicable, the first and second subparagraphs shall not apply.
3. By way of derogation from paragraphs 1 and 2, where as a result of serious negligence or fraud the boning plant fails to comply with Articles 20 to 28:
- all products obtained after boning during the day for which non-compliance with the above provisions is established shall be rejected by the intervention agency and no payment shall be due,
- the boning plant shall pay the intervention agency an amount equal to the price to be paid by the agency to the successful tenderer in accordance with Article 18 for the original bone-in products bought in and which, after boning, have been rejected in accordance with the first indent, that price being increased by 20 %.
CHAPTER III
CHECKS ON PRODUCTS AND NOTIFICATIONS.
Article 30
Storage of and checks on products
1. The intervention agencies shall ensure that meat covered by this Regulation is so placed and kept in storage as to be readily accessible and in conformity with the provisions of Article 8(1) and Article 26, first paragraph.
2. The storage temperature may not rise above - 17 °C.
3. The Member States shall take all measures necessary to ensure satisfactory preservation, in terms of quality and quantity, of the products stored and shall replace damaged packaging immediately. They shall provide for cover against the relevant risks by insurance in the form of either a contractual obligation on storers or comprehensive coverage of the liability borne by the intervention agency; the Member States may also act as their own insurers.
4. During storage, the competent authorities shall conduct regular checks on significant quantities of the products stored following awards under invitations to tender held during the month.
During such checks, any products found not to be in compliance with the requirements as laid down in this Regulation shall be rejected and marked as such. Without prejudice to the application of penalties, the competent authorities shall, if need be, recover payments from the responsible parties.
Such checks shall be conducted by officials who do not receive instructions from the department which buys in the meat.
5. The competent authorities shall take the necessary measures as regards traceability and storage to enable the products stored to be removed from storage and disposed of subsequently as efficiently as possible, having regard in particular to any requirements relating to the veterinary health status of the animals concerned.
Article 31
Notifications
1. The Member States shall notify the Commission without delay of any change in the list of intervention centres and, where possible, of their freezing and storage capacity.
2. Within 10 calendar days of completion of each take-over period, the Member States shall notify the Commission by telex or fax of the quantities delivered and accepted into intervention.
3. By the 21st day of each month at the latest, the Member States shall notify the Commission in respect of the preceding month of:
(a) the quantities bought in each week and each month, broken down by products and qualities in accordance with the Community scale for the classification of carcases established by Regulation (EEC) No 1208/81;
(b) the quantities of each boned and bone-in product covered by contracts of sale concluded in the month concerned;
(c) the quantities of each boned and bone-in product covered by withdrawal orders or similar documents issued in the month concerned;
(d) the uncommitted stocks and the physical stocks of each bone-in product at the end of the month concerned, with details of the length of time the uncommitted stocks have been in storage.
4. By the end of each month at the latest, the Member States shall notify the Commission in respect of the preceding month of:
(a) the quantities of each boned product obtained from bone-in beef bought in during the month concerned;
(b) the uncommitted stocks and the physical stocks of each boned product at the end of the month concerned, with details of the length of time the uncommitted stocks have been in storage.
5. For the purposes of this Article:
(a) "uncommitted stocks" means stocks not yet covered by a contract of sale;
(b) "physical stocks" means uncommitted stocks plus stocks covered by a contract of sale but not yet taken over.
CHAPTER IV
TRANSITIONAL PROVISIONS
Article 32
Period of application
The provisions of this chapter shall apply until 30 June 2002 to buying-in by invitation to tender as referred to in Article 47 of Regulation (EC) No 1254/1999.
Article 33
Opening and suspension of buying-in by invitation to tender
1. In order to ascertain that the conditions laid down in Article 47(3) to (7) of Regulation (EC) No 1254/1999 for the various qualities or groups of qualities are fulfilled, the average market prices shall be recorded in accordance with the conditions laid down in Regulation (EC) No 295/96.
2. Where a group of qualities is concerned, the average Community market price shall be calculated in accordance with Article 5(1)(b) of Regulation (EC) No 295/96.
The average market or intervention price in a Member State or a region of a Member State shall be the average of the market or intervention prices for each of those qualities, weighted by the proportion each represents of total slaughterings in that Member State or region.
The average Community intervention price shall be the average of the intervention prices for each of those qualities, weighted by the proportion each represents of total Community slaughterings.
The market prices mentioned in the first and second subparagraphs shall be calculated for the qualities eligible for intervention, converted into quality R3 using the coefficients set out in Annex I.
3. The opening, suspension or reopening of buying-in shall be decided on the basis of the two most recent weekly market prices recorded in Member States, or regions of Member States, except for the suspension of the measure provided for in Article 47(5) of Regulation (EC) No 1254/1999 where the last weekly price recorded is sufficient.
Article 34
Conditions to be met for tendering
In response to invitations to tender, interested parties shall submit their tenders to the intervention agencies of the Member States where they have been issued, either by lodging a written bid against a receipt or by any other written means of communication accepted by the intervention agency, with advice of receipt. The submission of tenders may be the subject of contracts on terms laid down by the intervention agencies and in accordance with their specifications.
Separate tenders shall be submitted for each type of invitation to tender.
Article 35
Securities
The maintenance of tenders after the expiry of the period for the submission of tenders and the delivery of the products to the store designated by the intervention agency within the period laid down in Article 16(2) shall constitute primary requirements, the fulfilment of which shall be ensured by the lodging of a security of EUR 36 per 100 kg.
Securities shall be lodged with the intervention agency in the Member State in which the tender is submitted.
Article 36
Maximum buying-in price
In the case of invitations to tender under Article 47(3) of Regulation (EC) No 1254/1999, tenders shall not be considered if the price quoted is higher than the average market price recorded in a Member State or regions of a Member State by quality, converted into quality R3 using the coefficients set out in Annex I, plus EUR 10 per 100 kg carcase weight. However, in the case of Member States or regions of a Member State meeting the conditions laid down in Article 47(5) of Regulation (EC) No 1254/1999, the amount added shall be EUR 6 per 100 kg.
CHAPTER V
FINAL PROVISIONS
Article 37
Repeal
1. Regulation (EEC) No 2456/93 is repealed with effect from 1 April 2000.
However, it shall remain applicable for tendering procedures which started before that date.
References to the repealed Regulations shall be construed as references to this Regulation and shall be read in conjunction with the correlation table in Annex IX to this Regulation.
2. Regulation (EEC) No 1627/89 is repealed as from 1 July 2002.
Article 38
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
It shall apply from the first invitation to tender of April 2000, except for Article 3, Article 11(2), Article 12(1) and Article 14(1) which shall apply only from 1 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 March 2000. | [
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COMMISSION REGULATION (EC) No 2750/95 of 29 November 1995 amending Regulation (EC) No 2305/95 establishing detailed rules for the application in the pigmeat sector of the arrangements provided for in the free trade agreements between the Community, of the one part, and Latvia and Lithuania, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1275/95 of 29 May 1995 on certain procedures for applying the Agreement on free trade and trade-related matters between the European Community, the European Atomic Energy Community and the European Coal and Steel Community, of the one part, and the Republic of Estonia, of the other part (1), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (2), as last amended by Regulation (EC) No 3290/94 (3), and in particular Article 22 thereof,
Whereas the Agreement on free trade and trade-related matters between the European Community, the European Atomic Energy Community and the European Coal and Steel Community, of the one part, and Estonia, of the other part (4), were signed on 18 July 1994; whereas, for administrative reasons, the quota for Estonia could not be incorporated into Commission Regulation (EC) No 2305/95 of 29 September 1995 establishing detailed rules for the application in the pigmeat sector of the arrangements provided for in the free trade agreements between the Community, of the one part, and Latvia and Lithuania, of the other part (5); whereas, therefore, detailed rules for the application of the arrangements for imports of certain pigmeat products from Estonia should be laid down;
Whereas the Agreement on free trade provided for a reduction of 60 % in the duties set by the Common Customs Tariff for the import of products based on the meat of domestic swine, within certain quantitative limits; whereas, to ensure that imports are on a regular basis, those quantities should be staggered over different periods of the year; whereas to enable operators to benefit from the quantities set for Estonia in 1995, all the quantities should be made available in December 1995;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2305/95 is hereby amended as follows:
1. The title is replaced by the following:
'establishing detailed rules for the application in the pigmeat sector of the arrangements provided for in the free trade agreements between the Community, of the one part, and Latvia, Lithuania and Estonia, of the other part`.
2. The first subparagraph of Article 1 is replaced by the following:
'All imports into the Community under the arrangements provided for in Article 14 (2) and (3) of the Agreements on free trade between the Community, of the one part, and Latvia and Lithuania, of the other part, or in Article 13 (2) and (3) of the Agreement on free trade between the Community, of the one part, and Estonia, of the other part, of products falling within groups 18, 19, 20, 21 and 22 provided for in Annex I to this Regulation shall be subject to the presentation of an import licence.` 3. Article 2 is replaced by the following:
'Article 2 The quantities referred to in Article 1 shall be staggered for each period referred to in Annex I as follows:
- 25 % in the period 1 January to 31 March,
- 25 % in the period 1 April to 30 June,
- 25 % in the period 1 July to 30 September,
- 25 % in the period 1 October to 31 December.
However, for 1995, quantities shall be staggered as follows:
- 100 % in the period 1 October to 31 December in the case of Latvia and Lithuania and - 100 % in the period 1 December to 31 December in the case of Estonia.` 4. Article 4 (1) is replaced by the following:
'1. Licence applications shall be submitted only during the first ten days of each of the periods specified in Article 2.
However, for the period 1 October to 31 December 1995, licence applications shall be lodged only during the first ten days of October in the case of Latvia and Lithuania and only during the first ten days of December in the case of Estonia.` 5. Annex I to this Regulation is added as point C in the Annex I to Regulation (EC) No 2305/95 and Annex II to this Regulation replaces Annex II to Regulation (EC) No 2305/95.
Article 2
This Regulation shall enter into force on 1 December 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 1995. | [
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Commission Regulation (EC) No 1639/2002
of 13 September 2002
suspending the buying-in of butter in certain Member States
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 Commission Regulation (EC) No 509/2002(2),
Having regard to Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream(3), as last amended by Regulation (EC) No 1614/2001(4), and in particular Article 2 thereof,
Whereas:
(1) Article 2 of Regulation (EC) No 2771/1999 lays down that buying-in by invitation to tender is to be opened or suspended by the Commission in a Member State, as appropriate, once it is observed that, for two weeks in succession, the market price in that Member State is below or equal to or above 92 % of the intervention price.
(2) Commission Regulation (EC) No 1595/2002 suspending the buying-in of butter in certain Member States(5) establishes the most recent list of Member States in which intervention is suspended. This list must be adjusted as a result of the market prices communicated by Belgium and Luxembourg under Article 8 of Regulation (EC) No 2771/1999. In the interests of clarity, the list in question should be replaced and Regulation (EC) No 1595/2002 should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Buying-in of butter by invitation to tender as provided for in Article 6(1) of Regulation (EC) No 1255/1999 is hereby suspended in Belgium, Denmark, Germany, Greece, the Netherlands, Austria, Luxembourg and Sweden.
Article 2
Regulation (EC) No 1595/2002 is hereby repealed.
Article 3
This Regulation shall enter into force on 14 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 September 2002. | [
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Commission Regulation (EC) No 1613/2001
of 7 August 2001
amending Regulation (EC) No 896/2001 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the arrangements for importing bananas into the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas(1), as last amended by Regulation (EC) No 216/2001(2), and in particular Article 20 thereof,
Whereas:
(1) Commission Regulation (EC) No 896/2001(3) lays down the new detailed rules for applying Regulation (EEC) No 404/93 as regards the management of the tariff import quotas provided for in Article 18(1) of that Regulation, applicable from 1 July 2001.
(2) The second subparagraph of Article 8(2) of Regulation (EC) No 896/2001 lays down that proof of dispatch in the case of non-traditional operators is furnished by producing copies of the bill of lading and the ship's manifest or, where applicable, the road or air transport document, drawn up in the name of the operator, for the quantities actually imported. In order to ensure that this provision is uniformly applied, it should be specified that the requisite proof must cover dispatch from the goods' country of origin, regardless of the means of transport used. This amendment should apply, for the first time, to the dispatches linked to import operations effected in respect of the fourth quarter of 2001.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
The second subparagraph of Article 8(2) of Regulation (EC) No 896/2001 is replaced by the following: "Proof of dispatch shall be furnished by producing copies of the bill of lading and the ship's manifest or, where applicable, the road or air transport document, covering dispatch from the country of origin, drawn up in the name of the operator, for the quantities actually imported."
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply, for the first time, to dispatches linked to import operations effected in respect of the fourth quarter of 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 August 2001. | [
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*****
COMMISSION REGULATION (EEC) No 1549/88
of 3 June 1988
amending Regulation (EEC) No 2409/86 on the sale of intervention butter intended in particular for incorporation in compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the markets in the milk and milk products (1), as last amended by Regulation (EEC) No 1109/88 (2),
Having regard to Council Regulation (EEC) No 985/68 of 15 July 1968 laying down general rules for intervention on the market in butter and cream (3), as last amended by Regulation (EEC) No 842/88 (4), and in particular Article 7a thereof,
Whereas Article 1 of Commission Regulation (EEC) No 2409/86 (5), as last amended by Regulation (EEC) No 944/88 (6), fixes the date before which butter offered for sale by the intervention agency must have been taken into storage; whereas, to enable the scheme to continue, the date of entry into storage of butter of a fat content less than 82 % should be brought forward;
Whereas the present Regulation should not be applicable until 8 June 1988 so that the fixed price sale of butter mentioned in Article 25 of Regulation (EEC) No 2409/86 should still continue for butter taken into storage before 1 May 1986;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS DECISION:
Article 1
In Article 1 of Regulation (EEC) No 2409/86, '1 May 1986' is hereby replaced by '1 August 1986'.
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 8 June 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 June 1988. | [
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Commission Regulation (EC) No 256/2003
of 11 February 2003
opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 12(1) thereof,
Whereas:
(1) Pursuant to the Agreement on agriculture concluded during the Uruguay Round of multilateral trade negotiations, the Community has undertaken to import a certain quantity of maize into Spain.
(2) Commission Regulation (EC) No 1839/95 of 26 July 1995 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal(3), as last amended by Regulation (EC) No 2235/2000(4), lays down the rules governing the administration of those special arrangements. This Regulation lays down the special additional detailed rules necessary for implementing the invitation to tender, in particular those relating to the lodging and release of the security to be lodged by operators to ensure compliance with their obligations and, in particular, the obligation to process or use the imported product on the Spanish market.
(3) In the light of current market needs in Spain, an invitation to tender for the reduction in the duty on imports of maize should be opened in the framework of these special arrangements for imports.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. An invitation to tender is hereby opened for the reduction in the import duty referred to in Article 10(2) of Regulation (EEC) No 1766/92 on maize to be imported into Spain.
2. The invitation to tender shall be open until 3 April 2003. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender.
3. Regulation (EC) No 1839/95 shall apply save as otherwise provided for in this Regulation.
Article 2
Import licences issued under these invitations to tender shall be valid 50 days from the date they are issued within the meaning of Article 10(4) of Regulation (EC) No 1839/95.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 February 2003. | [
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Commission Regulation (EC) No 808/2002
of 16 May 2002
altering the export refunds on white sugar and raw sugar exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular the third subparagraph of Article 27(5) thereof,
Whereas:
(1) The refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 772/2002(3).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 772/2002 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 772/2002 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 17 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2002. | [
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Commission Decision
of 11 December 2002
on the existing aid scheme that Italy was authorised to implement for the Trieste Financial Services and Insurance Centre
(notified under document number C(2002) 4829)
(Only the Italian version is authentic)
(Text with EEA relevance)
(2003/230/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(1) and having regard to their comments,
Whereas:
I. PROCEDURE
(1) In 1998 the Commission adopted a notice on the application of the State aid rules to measures relating to direct business taxation(2) (hereinafter "the notice").
(2) In accordance with paragraph 37 of the notice, the Commission undertook a review of existing tax aid systems in the Member States. As part of the review procedure, it requested information by letter of 12 February 1999 (D/50716) on the tax scheme applicable to the Trieste Financial Services and Insurance Centre. The scheme had already been approved, subject to certain conditions, in 1995(3).
(3) By letter of 2 July 1999 (A/35043), the Italian authorities informed the Commission that the aid scheme had never entered into force owing to the failure to adopt all the necessary implementing legislation. The Commission asked for further information by letters of 1 December 1999 (D/64991), 21 March 2000 (D/51237) and 27 July 2000 (D/54024) in order to determine whether the arrangements for implementing the tax scheme were in conformity with the conditional Commission decision that authorised it(4). The Italian authorities did not reply to the requests for information.
(4) By letter of 27 July 2000 (D/54024), the Commission informed the Italian authorities of its doubts concerning the compatibility of the scheme with the common market and invited them to submit comments within one month of the date of the letter, as provided for in Article 17(2) of Council Regulation (EC) No 659/1999(5). The Italian authorities did not submit any comments by the deadline set. By letter of 22 September 2000, they confirmed that the Centre was not operational and that the Government was deciding on the appropriate steps to take.
(5) By letter of 11 July 2001, the Commission proposed appropriate measures to the Italian authorities aimed at:
- abolishing the scheme applicable to the Trieste Centre by 1 January 2002,
- publishing a statement by 31 October 2001 on the adoption of the necessary measures to abolish the scheme.
(6) As neither of the two requests had been complied with by 1 January 2002 and as no official reply had been received, the Commission took note of the rejection by the Italian authorities of the appropriate measures proposed. By letter of 27 February 2002, it informed Italy that it had decided to initiate proceedings under Article 88(2) of the EC Treaty in respect of the Trieste Financial Services and Insurance Centre. Italy replied to that letter on 13 May 2002.
(7) The Commission's decision to initiate proceedings was published in the Official Journal of the European Communities(6). The Commission invited other interested parties to submit comments on the measures in question. No comments were received.
II. DETAILED DESCRIPTION OF THE AID
(8) The Trieste Financial Services and Insurance Centre was set under Article 3 of Law No 19 of 9 January 1991.
(9) The scheme provides for the setting-up of a financial services and insurance centre in the area of Trieste (the Centre) and introduces tax relief for the financial, insurance and credit companies (resident or not) operating at the Centre with an appropriate operational structure (branch, subsidiary or agency). The tax relief comprises:
- exemption from the tax on incomes of legal persons (IRPEG), limited to profits made at the Centre and arising from transactions in the countries of central and eastern Europe and of the former Soviet Union or from trading in financial securities connected with such transactions,
- a fixed-rate reduction in indirect business taxes (registration tax, mortgage tax and cadastral duty).
(10) The tax concessions are valid for five years from the opening of the Centre and are subject to two limits: total aid may not exceed ITL 65 billion (about EUR 34 million), and total loans and investments in eastern Europe may not exceed EUR 3,5 billion. The companies operating in the Centre are not subject to withholding taxes on their transactions (obblighi di sostituto d'imposta).
III. COMMENTS FROM ITALY
(11) By letter of 13 May 2002, the Italian authorities stated that they had already provided all the relevant information in their correspondence with the Commission.
(12) They claimed in particular that the Centre had never become operational and that the necessary implementing rules had not been adopted. Within the framework of the code of conduct for business taxation(7), the then Finance Minister had already confirmed by letter of 27 February 2001 that Italy did not intend to proceed with the Centre. The Italian authorities also referred to the meeting of 19 March 2002 of the Code of Conduct Group, at which the Italian representative stated that the scheme for the Centre would be dismantled within a period of time compatible with the programme of work on the code of conduct.
IV. ASSESSMENT OF THE AID
(13) The scheme in question was approved by the Commission in 1995(8). It contains the four elements described in Article 87(1) of the EC Treaty.
(14) First, it confers an advantage in the form of the exemption from the tax on incomes of legal persons and from certain indirect taxes as described above in recital 9.
(15) Second, the measure is financed through State resources, in that the abovementioned tax incentives are financed through public resources obtained from central government or local authorities and, in any event, constitute a loss of resources for those authorities.
(16) The measure is selective inasmuch as it is limited to activities involving the supply of financial services in central and eastern European countries and those of the former Soviet Union.
(17) Lastly, the measure might affect trade and competition as it concerns firms operating in the financial and insurance sectors. The two sectors are currently the subject of intense intra-Community trade. The fact that all the activities of the firms operating at the Centre take place outside the Community is not in itself sufficient to rule out possible distortions of intra-Community trade(9).
(18) In its 1995 decision the Commission specifically classified the scheme in question as operating aid, stating that it was compatible with the common market under the exemption in Article 92(3)(c) (now Article 87(3)(c)) of the Treaty. As already stated in its decision formally initiating the investigation(10), the Commission had, in assessing the compatibility of the tax scheme in 1995, taken particular account of the following:
- the value to the Community of encouraging the development of the financial markets in central and eastern European countries by mobilising private capital was such as to justify the granting of operating aid, despite the distortions of competition it caused,
- the distortions of competition would be limited and would not affect trading conditions to an extent contrary to the common interest.
(19) In view of its notice on tax relief as well as the new situation in the countries of central and eastern Europe, the Commission has reconsidered its assessment of the scheme's compatibility as the scheme authorised in 1995 has not yet become operational.
(20) On the basis of its notice, the Commission takes the view, first, that the aid scheme in question constitutes operating aid, which is, in principle, incompatible with the single market and is therefore prohibited. Operating aid in the form of measures not linked to the introduction of specific projects but which reduce a firm's current expenses is, in principle, prohibited as it distorts competition without otherwise contributing to the achievement of Community objectives. For this reason, as stated in paragraph 32 of the notice, the Commission currently authorises operating aid only in exceptional cases and subject to certain conditions, e.g. in regions qualifying for exemption under Article 87(3)(a) of the EC Treaty and in specific sectors such as shipbuilding, environmental protection, transport and maritime transport. The scheme applicable to the Centre does not involve a region qualifying for exemption under Article 87(3)(a) or a sector or field regarded as eligible for exceptional treatment.
(21) Second, the Commission considers that the application of the scheme would now, unlike five years ago, lead to significant distortions of competition on the market for financial services.
(22) In 1995 the Commission considered that the aid measure proposed by Italy would be needed to facilitate the development of capital markets in central and eastern European countries, something which was unquestionably in the interests of the European Community.
(23) However, from 1994/1995, with the entry into force of most of the Europe Agreements with the countries of eastern Europe, the development of those markets was gradually stepped up.
(24) The Europe Agreements contain specific clauses on the liberalisation of markets and trade and on the right of establishment, notably the reciprocal right of insurance and financial firms in the EU and the signatory countries to take up and pursue all economic activities through the setting-up and management of subsidiaries, branches and agencies(11). Consequently, the measures provided for by the scheme for the Centre would now have more serious distortive effects on competition as there are no longer the barriers to the development of capital markets in the countries in question.
(25) In addition, since 1995 new financial instruments have been adopted to facilitate the accession of the applicant countries. The introduction of special initiatives and programmes under Agenda 2000 and the conclusions of the Berlin European Council(12) have provided additional instruments for encouraging investors and underpinning the economic transition of the central and eastern European countries(13). There is, accordingly, no need for a general scheme that is applicable to the financial services of all the countries of central and eastern Europe and of the former Soviet Union without distinguishing between their specific social and economic situations.
(26) The Commission notes that neither Italy nor any other interested parties have submitted any comments on this matter.
V. CONCLUSION
(27) The Commission finds that the State aid for the Trieste Financial Services and Insurance Centre is incompatible with the common market. As no aid has yet been granted under the scheme, it concludes that the scheme should be abolished within a short period of time,
HAS ADOPTED THIS DECISION:
Article 1
The State aid which Italy was authorised to grant to the Trieste Financial Services and Insurance Centre, set up under Article 3 of Law No 19 of 9 January 1991, is incompatible with the common market.
Article 2
As from the date of notification of this Decision, Italy shall not adopt any measure designed to bring into operation the Trieste Financial Services and Insurance Centre and shall repeal Article 3 of Law No 19 within six months of the date of this Decision.
Article 3
Italy shall inform the Commission within six months of the date of notification of this Decision of the measures it has taken to comply with it.
Article 4
This Decision is addressed to the Italian Republic.
Done at Brussels, 11 December 2002. | [
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*****
COMMISSION REGULATION (EEC) No 2320/89
of 28 July 1989
of minimum quality requirements for peaches in syrup and peaches in natural fruit juice for the application of the production aid scheme
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 1125/89 (2), and in particular Article 6 (4) thereof,
Whereas Article 2 (1) of Regulation (EEC) No 426/86 established a production aid scheme for certain products; whereas Article 6 (1) (b) specifies that aid is to be granted only for porducts which meet minimum quality requirements to be laid down;
Whereas the aim of such minimum quality requirements is to avoid the manufacture of products for which no demand exists or products which would create distortion of the market; whereas the requirements must be based on traditional fair manufacturing procedures;
Whereas Commission Regulation (EEC) No 1290/85 (3) laid down minimum quality standards for peaches in syrup; whereas the provisions laid down therein should be adapted to take account of the extension of the aid scheme to peaches preserved in natural fruit juice as provided for in the abovementioned Council Regulation (EEC) No 1125/89; whereas, for the sake of clarity, the minimum quality requirements thus adapted should be set out in a new text;
Whereas the quality requirements laid down in this Regulation constitute additional rules of application further to the provisions of Regulation (EEC) No 1599/84 of 5 June 1984 laying down detailed rules for the application of the system of production aid for products processed from fruit and vegetables (4), as last amended by Regulation (EEC) No 2260/89 (5);
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
This Regulation lays down the minimum quality requirements which peaches in syrup and or/peaches in natural fruit juice, as defined in Article 1 of Regulation (EEC) No 1599/84, shall meet in order to qualify for the production aid provided for in Article 2 of Regulation (EEC) No 426/86.
Article 2
For the manufacture of peaches in syrup and/or peaches in natural fruit juice, only peaches of the species Prunus persica L. shall be used, excluding nectarines. The raw material shall be fresh, sound, clean and suitable for processing.
The raw material may have been chilled before being used for the manufacture of peaches in syrup.
Article 3
1. Peaches in syrup and/or in natural fruit juice must be manufactured in one of the styles defined in paragraph 2.
2. For the purpose of this Regulation the styles are defined as follows:
(a) 'whole fruit' means the whole fruit, unpitted;
(b) 'halves' means the pitted fruit cut vertically into two approximately equal parts;
(c) 'quarters' means the pitted fruit cut into four approximately equal parts;
(d) 'slices' means the pitted fruit cut into more than four wedge-shaped parts;
(e) 'dice' means the pitted fruit cut into cube-like parts.
3. Each container with peaches in syrup and/or peaches in natural fruit juice shall contain only one style, and the fruit or pieces thereof shall be practically uniform in size. No other type of fruit may be found in the container.
4. The colour of peaches in syrup shall be characteristic for the type used. Portions which were obviously near or part of the pit cavity and which after canning become slightly discoloured are considered to be of normal characteristic colour.
Containers with peaches in syrup and/or peaches in natural fruit juice must not contain units having green parts.
5. Peaches in syrup shall be free of foreign materials of non-vegetable origin and from foreign flavours and odours. The fruit shall be fleshy and may be variable in tenderness but shall be neither excessively soft nor excessively firm.
6. Peaches in syrup shall be practically free from:
(a) foreign materials of vegetable origin;
(b) peel;
(c) blemished units.
Whole fruits, halves and quarters shall also be practically free from mechanically damaged units.
Article 4
1. Fruit, or pieces thereof, shall be considered practically uniform in size when, in a container, the weight of the largest unit is not more than twice the weight of the smallest unit.
If there are less than 20 units in a containers, one unit may be disregarded. When determining the largest and the smallest units, broken units shall not be taken into consideration.
2. For the purposes of Article 3 (4), the following colours shall be considered normal for a type:
- yellow, including varietal types in which the predominant colour ranges from pale yellow to rich red orange,
- white, including varietal types in which the predominant colour ranges from white to yellow-white.
3. Peaches in syrup and/or peaches in natural fruit juice shall be considered as complying with Article 3 (6) when the following tolerances are not exceeded:
1.2,3 // // // // Style 1.2.3 // // Whole, halves and quarters // Other // // // // Pit or pit material // Two pits // Two pits // Blemished units // 10 % by number // 1 500 grams // Mechanically damaged units // 5 % by number // Not applicable // Peel // 150 cm2 aggregage area // 150 cm2 aggregate area // Foreign material of vegetable origin // 20 pieces // 20 pieces // // //
The tolerances allowed, other than those fixed by reference to per cent by number are per 10 kilograms drained net weight.
Pits shall not be considered as a defect in whole peaches in syrup and/or in natural fruit juice.
4. For the purposes of paragraph 3:
(a) 'pit or pit material' means whole pits and pieces that are hard and sharp.
Pit fragments of less than 5mm in greatest dimension which do not have sharp points or edges are disregarded. Pieces of pits are considered equivalent to one pit when:
- one piece is larger than one half pit, or
- a total of three pieces have been found;
(b) 'blemished units' means fruit with discoloration on the surface or spots which definitely contrast with the overall colour and which may penetrate into the flesh, in particilar bruises, scab and dark discoloration;
(c) 'mechanically damaged units' means units which have been severed into definite parts, and all of such portions that equal the size of a full-size unit are considered one unit, or units where the trimming has been excessive and includes serious gouges on the surface of the units which substantialloy detract from the appearance. Halves which are not cut vertically shall also be considered as mechanically damaged;
(d) 'peel' means both peel adhering to peach flesh and peel found loose in the container;
(e) 'foreign material of vegetable origin' means vegetable materials which are irrelevant to the fruit itself or which have been attached to the fresh fruit but should have been removed during processing, in particular stalks and leaves and pieces thereof. Peel and pit material shall, however, be excluded.
Article 5
1. The peaches and the syrup and/or the natural fruit juice in a container shall occupy at least 90 % of the water capacity of the container.
2. The drained net weight of the fruit shall on average be at least equal to the following percentages of the water capacity, expressed in grams, of the container:
1.2,3 // // // Style // Containers with a nominal water capacity of 1.2.3 // // 425 ml or more // less than 425 ml // // // // Whole // 52 // 50 // Halves // 55 // 50 // Quarters // 58 // 50 // Slices // 58 // 50 // Dice // 58 // 55 // // //
3. Where peaches in syrup and/or peaches in natural fruit juice are packed in glass containers, the water capacity shall be reduced by 20 ml before the percentages referred to in paragraphs 1 and 2 are calculated.
4. Each container shall be marked with a reference identifying the date and the year of production and the processor. The marking, which may be in code form, shall be approved by the competent authorities in the Member State where production takes place, and these authorities may adopt additional provisions as to the marking itself.
Article 6
The processor shall daily and at regular intervals during the processing period verify that the peaches in syrup and/or in natural fruit juice comply with the requirements for qualifying for aid. The result of the verification shall be recorded.
Article 7
Regulation (EEC) No 1290/85 is hereby repealed.
Article 8
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 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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COUNCIL REGULATION (EEC) No 867/84 of 31 March 1984 amending Regulation (EEC) No 986/68 laying down general rules for granting aid for skimmed milk and skimmed-milk powder for use as feed
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 856/84 (2), and in particular Article 10 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Article 2a (3) of Regulation (EEC) No 986/68 (3), as last amended by Regulation (EEC) No 1187/82 (4), lays down a margin within which the aid for skimmed-milk powder may be fixed ; whereas, in view of the criteria set out in the first paragraph of that Article, the limits of this margin should be adjusted,
HAS ADOPTED THIS REGULATION:
Article 1
The first subparagraph of Article 2a (3) of Regulation (EEC) No 986/68 is hereby replaced by the following:
"3. Aid for skimmed-milk powder shall be a minimum of 54 and a maximum of 85 ECU per 100 kilograms."
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, 31 March 1984. | [
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Commission Regulation (EC) No 2374/2002
of 30 December 2002
amending Regulation (EC) No 668/2001 increasing to 3499978 tonnes the quantity of barley held by the German intervention agency for which a standing invitation to tender for export has been opened
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 5 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2131/93(3), as last amended by Regulation (EC) No 1630/2000(4), lays down the procedures and conditions for the disposal of cereals held by the intervention agencies.
(2) Commission Regulation (EC) No 668/2001(5), as last amended by Regulation (EC) No 1095/2001(6), opened a standing invitation to tender for the export of 3000055 tonnes of barley held by the German intervention agency. Germany informed the Commission of the intention of its intervention agency to increase by 499923 tonnes the quantity for which a standing invitation to tender for export has been opened. The total quantity of barley held by the German intervention agency for which a standing invitation to tender for export has been opened should be increased to 3499978 tonnes.
(3) This increase in the quantity put out to tender makes it necessary to alter the list of regions and quantities in store. Annex I to Regulation (EC) No 668/2001 must therefore be amended.
(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
Regulation (EC) No 668/2001 is hereby amended as follows:
1. Article 2 is replaced by the following:
"Article 2
1. The invitation to tender shall cover a maximum of 3499978 tonnes of barley to be exported to all third countries with the exception of the United States, Canada and Mexico.
2. The regions in which the 3499978 tonnes of barley are stored are stated in Annex I to this Regulation."
2. Annex I is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 December 2002. | [
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COUNCIL REGULATION (EC) No 3668/93 of 20 December 1993 extending into 1994 the application of Regulation (EEC) No 3917/92 applying generalized tariff preferences for 1994 in respect of certain products originating in developing countries, and adding to the list of beneficiaries of such preferences
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas, in accordance with the offer it made within the United Nations Conference on Trade and Development (UNCTAD), the European Union introduced generalized tariff preferences in 1971 for finished and semi-finished industrial products, textile products and some agricultural products from developing countries; whereas the initial 10-year period of application of this system of preferences ended on 31 December 1980;
Whereas the positive role played by this system in improving access for the developing countries to the markets of the preference-giving countries was recognized at the ninth session of the UNCTAD Special Committee on Preferences; whereas it was agreed at that session that the objectives of the generalized system of preferences would not be fully achieved by the end of 1980, and that it should consequently be extended beyond the initial period, an overall review of the system having started in 1990;
Whereas progress on the review of the system is not sufficient for the setting-up of a scheme based on new guidelines to be envisaged as from 1 January 1994; whereas, however, completion of the review is expected during 1994;
Whereas, pending the outcome of the review, the provisions of Council Regulation (EEC) No 3917/92 (2) on the application of generalized tariff preferences in 1993 should be temporarily renewed from 1 January 1994 to 30 June 1994, the amounts of the preferential limits to be laid down for the first six months of 1994 corresponding to half the amounts laid down for the annual period of 1993;
Whereas the arrangements provided for in this Regulation will be automatically extended until 31 December 1994 if the Council has not adopted a scheme based on new guidelines by 15 June 1994;
Whereas Regulation (EEC) No 3917/92 extending into 1993 the application of Regulations (EEC) No 3831/90, (EEC) No 3832/90, (EEC) No 3833/90, (EEC) No 3834/90, (EEC) No 3835/90 and (EEC) No 3900/91, as last amended by Regulation (EC) No 3667/93 (3), applying generalized tariff preferences for 1991 in respect of certain products originating in developing countries and adding to the list of beneficiaries of such preferences, applies until 31 December 1993,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3917/92 applying generalized tariff preferences in respect of certain products originating in developing countries shall apply mutatis mutandis from 1 January 1994 to 30 June 1994.
References in the Regulation mentioned in the first subparagraph to specific dates in 1992, 1993 or 1994 shall be taken to refer to the same dates in 1993, 1994 or 1995 respectively.
Article 2
The volume of the preferential amounts for the six-month period to 30 June 1994 shall correspond to half the annual volume of the corresponding amounts set for 1993.
Article 3
The amendments to CN codes indicated in the Annex to this Regulation shall apply from 1 January 1994.
Article 4
In Regulations (EEC) No 3831/90, (EEC) No 3832/90, (EEC) No 3833/90 and (EEC) No 3834/90, all references to Regulation (EEC) No 693/88 shall be replaced by a reference to Articles 66 to 97 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (4).
Article 5
This Regulation shall be automatically extended until 31 December 1994 if the Council has not adopted the new generalized tariff preference arrangements by 15 June 1994.
The volume of the preferential amounts for the six-month period to 31 December 1994 shall correspond to half the annual volume of the corresponding amounts set for 1993.
Any quantities still unused at 30 June 1994 out of the fixed preferential amounts and ceilings which did not fall within two half-yearly volumes in 1993 may be added to imports carried out up to 31 December 1994.
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1993. | [
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COMMISSION REGULATION (EC) No 1916/2005
of 24 November 2005
amending Annex II to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (1), and in particular the second indent of Article 13 thereof,
Whereas:
(1)
Annex II to Regulation (EEC) No 2092/91 allows for the use of synthetic vitamins A, D and E for ruminants during a transitional period ending on 31 December 2005.
(2)
Since the existing regional differences in the possibility for organic ruminants to obtain the necessary essential vitamins A, D and E through their feed rations, as regards climate and available sources of feed, are expected to persist, the use of such synthetic vitamins for ruminants should be allowed after that date.
(3)
Regulation (EEC) No 2092/91 should therefore be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 14 of Regulation (EEC) No 2092/91,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EEC) No 2092/91 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 November 2005. | [
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COUNCIL DECISION
of 3 March 2005
concerning the conclusion of an Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access
(2005/244/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Commission has negotiated on behalf of the Community a bilateral Agreement on an early implementation of market access commitments relating to Vietnam’s WTO accession.
(2)
The Agreement was initialled on 3 December 2004.
(3)
It is necessary that the Agreement, which will be of a temporary nature and of a sui generis design, enter into force as soon as possible if it is to be effective. The conclusion of the Agreement does not affect in any way the division of competences between the Community and its Member States, in accordance with Community law as interpreted by the Court of Justice.
(4)
The Agreement should be approved on behalf of the Community,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community.
Article 3
The Commission shall, in accordance with the procedure referred to in Article 17 of Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), adopt the measure provided for in the first paragraph of Article 5 of the Agreement, consisting of reapplication of textile and clothing quotas in case Vietnam fails to fulfil its obligations under Articles 2, 3 and 4 of the Agreement and paragraph 9 of the Agreement in the form of an Exchange of Letters, initialled on 15 February 2003.
The provisions of this Decision approving the Agreement shall prevail over Regulation (EEC) No 3030/93 to the extent that the same subject matter is concerned.
Done at Brussels, 3 March 2005. | [
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COUNCIL REGULATION (EEC) No 1361/78 of 19 June 1978 amending Regulation (EEC) No 355/77 on common measures to improve the conditions under which agricultural products are processed and marketed
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the marketing and processing of agricultural products are inadequately organized and often inefficient in the Mezzogiorno and Languedoc-Roussillon regions and, in the case of wine, in the departments of Vaucluse, Bouches-du-Rhône, Var, Drôme and Ardèche ; whereas the development of these activities and the improvement of the conditions under which they are carried on is of vital importance to the agricultural economy, and indeed to the general economy of these regions in which agriculture - and in the case of the French regions, wine-growing in particular - is still predominant ; whereas such an improvement should serve not only to increase and rationalize outlets for agriculture but should also play an important part in directing and adjusting agricultural production in line with market requirements ; whereas such improvements should facilitate attainment of the objectives of the other common measures peculiar to the regions under consideration (irrigation in the Mezzogiorno ; conversion and restructuring of vineyards in certain French regions);
Whereas, in particular on account of the slow development of the economy in general and the difficulties of a financial nature, economic measures relating to the processing and marketing of agricultural products can be stimulated in the Mezzogiorno regions only by a particularly intensive effort;
Whereas, although the situation in the aforesaid French regions is less serious, it calls for major agricultural restructuring and conversion which would be facilitated by appropriate measures in the field of processing and marketing of agricultural products in Languedoc-Roussillon and of wine products in the French departments listed above;
Whereas the conditions laid down in Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural products are processed and marketed (2) are conditions which were designed to apply to the Community as a whole and are not such as will enable the serious obstacles which all economic measures encounter in the Mezzogiorno to be overcome, or adequately meet the requirements of the aforesaid French regions;
Whereas therefore the conditions laid down in the said Regulation should be adjusted in order to correspond more closely to the situation in these regions ; whereas, in particular, the granting of greater amounts of aid and a higher rate of contribution by the European Agricultural Guidance and Guarantee Fund, Guidance Section, may provide adequate encouragement for economic activities in these regions;
Whereas the special efforts to be undertaken for the regions under consideration necessitate an increase in the estimated cost laid down in Regulation (EEC) No 355/77,
HAS ADOPTED THIS REGULATION:
Article 1
The following subparagraph shall be added to Article 12 (2) of Regulation (EEC) No 355/77:
"For the projects which are to be carried out in the Mezzogiorno and Languedoc-Roussillon regions, and for the projects concerning wine to be carried out in the departments of Vaucluse, Bouches-du-Rhône, Var, Ardèche and Drôme, however, the relevant date shall be 1 January 1980."
Article 2
The following Article shall be inserted in Regulation (EEC) No 355/77: (1)OJ No C 108, 8.5.1978, p. 49. (2)OJ No L 51, 23.2.1977, p. 1.
"Article 17a
1. By way of derogation from Article 17 (2): (a) the financial contribution of the recipient must be at least: - 25 % in the case of projects carried out in the Mezzogiorno,
- 35 % in the case of projects carried out in Languedoc-Roussillon and projects concerning wine carried out in the departments of Vaucluse, Bouches-du-Rhône, Var, Ardèche and Drôme;
(b) the aid granted by the Fund shall not exceed: - 50 % for projects carried out in the Mezzogiorno,
- 35 % for projects carried out in Languedoc-Roussillon, and for projects concerning wine carried out in the departments of Vaucluse, Bouches-du-Rhône, Var, Ardèche and Drôme.
2. By way derogation from Article 17 (3), aid granted by the Fund for the projects provided for in Article 12 (1) shall not, in relation to the investment made, exceed: (a) as regards the Mezzogiorno: - 50 % in the case of projects financed in the financial years 1978 and 1979,
- 25 % in the case of projects financed in the financial year 1980;
(b) as regards Languedoc-Roussillon and projects concerning wine carried out in the departments of Vaucluse, Bouches-du-Rhône, Var, Ardèche and Drôme: - 35 % in the case of projects financed in the financial years 1978 and 1979,
- 25 % in the case of projects financed in the financial year 1980."
Article 3
Article 16 (3) of Regulation (EEC) No 355/77 shall be replaced by the following:
"3. The estimated cost of the common measure financed by the Fund for the period from 1 January 1978 to 31 December 1982 is 610 million units of account, i.e. 122 million units of account per year."
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 Luxembourg, 19 June 1978. | [
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COMMISSION REGULATION (EEC) No 1099/93 of 4 May 1993 establishing unit values for the determination of the customs value of certain perishable goods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Commission Regulation (EEC) No 1577/81 of 12 June 1981 establishing a system of simplified procedures for the determination of the customs value of certain perishable goods (1), as last amended by Regulation (EEC) No 3334/90 (2), and in particular Article 1 thereof,
Whereas Article 1 of Regulation (EEC) No 1577/81 provides that the Commission shall periodically establish unit values for the products referred to in the classification in the Annex;
Whereas the result of applying the rules and criteria laid down in that same Regulation to the elements communicated to the Commission in accordance with Article 1 (2) of that Regulation is that the unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 1 (1) of Regulation (EEC) No 1577/81 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 7 May 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 May 1993. | [
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COMMISSION REGULATION (EC) No 754/96 of 25 April 1996 introducing prior Community surveillance of imports of certain steel cables originating in non-member countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994, on common rules for imports and repealing Regulation (EC) No 518/94 (1), as amended by Regulation (EC) No 139/96 (2), and in particular Article 11 (2) thereof,
Having regard to Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83 (3), as last amended by Regulation (EC) No 168/96 (4), and in particular Article 9 thereof,
Consultations having taken place within the Committees set up under the said Regulations,
Whereas information provided by France and Portugal shows that imports into the Community of stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated, falling within CN codes 7312 10 82, 7312 10 84, 7312 10 86, 7312 10 88 and 7312 10 99 originating in non-member countries have been increasing sharply since 1991 at conditions which are likely to threaten Community producers of these products; whereas the figures available for 1995 appear to confirm this upward trend, showing imports accounting for 35 % of the market, an increase of 84 % on 1991; whereas the prices of these imports substantially undercut the cost price of Community producers;
Whereas the position of Community producers of like or directly competing products has been deteriorating since 1991, as the following economic indicators attest:
- production, which stood at 215 395 tonnes in 1991, fell to 198 846 tonnes in 1992, 173 715 tonnes in 1993, 163 826 tonnes in 1994 and, according to the latest estimates, is set to fall to 157 000 tonnes in 1995,
- utilization of the Community industry's production capacity has dropped sharply, falling 30 % in the period 1991 to 1994; capacity utilization was estimated at under 50 % between 1994 and late 1995,
- direct employment in the industry declined by 28 % in the period 1990 to 1994, dropping from 5 128 to 3 681, with the latest estimates expected to show a fall to 3 570 in 1995,
- a number of companies have recently shut down in the Netherlands, Germany, Spain and Belgium;
Whereas the trend in imports of steel cables originating in non-member countries consequently threatens to cause injury to Community producers and, in the Community interest, imports of such products should therefore be made subject to prior Community surveillance in order to obtain reliable and accurate statistical data without delay and enable import trends to be swiftly investigated,
HAS ADOPTED THIS REGULATION:
Article 1
Imports into the Community of stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated, falling within CN codes 7312 10 82, 7312 10 84, 7312 10 86, 7312 10 88 and 7312 10 99 and originating in non-member countries shall be subject to prior Community surveillance in accordance with Articles 11 and 12 of Regulation (EC) No 3285/94 and Articles 9 and 10 of Regulation (EC) No 519/94.
Article 2
The list of competent authorities referred to in Article 12 (1) of Regulation (EC) No 3285/94 and Article 10 (1) of Regulation (EC) No 519/94 to which requests for surveillance documents shall be addressed is annexed to this Regulation.
Article 3
1. Within the first 10 days of each month, Member States shall supply the Commission (DG I/E/3, fax (32-2) 295 65 05 and DG III/C/2, fax (32-2) 296 09 16) with:
(a) details of the quantities and values (expressed in ecus) for which surveillance documents were issued in the course of the preceding month;
(b) the details of actual imports for the month previous to that referred to under (a).
The information supplied shall be broken down by product, CN code and country of origin.
2. The Member States shall give notification of any anomalies or cases of fraud which they discover and, where relevant, the basis on which they have refused to grant a surveillance document.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 May 1996 to 30 June 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 April 1996. | [
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COUNCIL REGULATION (EC) No 2320/96 of 28 November 1996 continuing a special system of assistance to traditional ACP suppliers of bananas established by Regulation (EC) No 2686/94
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 130w 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),
Whereas Protocol 5 on bananas to the fourth ACP-EC Convention provides that, in respect of its banana exports to the Community markets, no ACP State shall be placed, as regards access to its traditional markets and its advantages on those markets, in a less favourable situation than in the past or at present;
Whereas national market organizations have hitherto granted traditional ACP suppliers of bananas an outlet for their production on their traditional markets and enabled them to obtain from these markets and adequate income;
Whereas the common organization of the market in bananas established by Regulation (EEC) No 404/93 (4) set the framework for continuing, on the Community market, the advantages enjoyed by traditional ACP suppliers, in accordance with the Community's commitment set out above;
Whereas risks exist nevertheless that the introduction of a new market organization and the need to adapt to it could jeopardize the continuing viability of ACP supplies;
Whereas particular efforts will be needed to adapt to the new market conditions in order to take advantage of the opportunities offered;
Whereas the structure and the nature of the new market and the marketing efforts necessary to maintain a presence on this market represent new elements some of which either the traditional ACP suppliers not the operators handling this procedure could reasonably foresee;
Whereas technical and financial assistance, additional to that provided for in the fourth ACP-EC Convention, should therefore be provided to carry out programmes designed to assist producers to adapt to new market conditions and in particular to improve quality, to improve marketing and to improve competitiveness;
Whereas the new conditions prevailing on the market may result in temporary market disturbances, particularly in the sectors of the Community market traditionally supplied by the ACP States;
Whereas such disturbances could seriously affect the income of the ACP States from the market and therefore the continued viability of the production in question;
Whereas financial assistance should therefore be provided to permit the ACP States to remain on the market, until such time as the market stabilizes and a satisfactory economic return from the market can be received;
Whereas income support should be complementary to transfers under the export earnings stabilization system (Stabex) triggered by the same set of circumstances;
Whereas it is therefore appropriate to align calculation of income support with the calculation of Stabex transfers;
Whereas Regulation (EC) No 2686/94 (5) introduced financial assistance in the form of income support;
Whereas that Regulation expired on 28 February 1996;
Whereas the statistics necessary for the calculation of Stabex transfers and income support to be granted for the preceding year are not available until the second quarter of each year, thus, in order to satisfy the overall requirements of the system, the rules laid down by Regulation (EC) No 2686/94 should continue to be applied until 31 December 1996;
Whereas that Regulation also establishes technical and financial assistance, additional to that provided for in the fourth ACP-EC Convention and granted to programmes designed to assist producers adapt to new market conditions,
HAS ADOPTED THIS REGULATION:
Article 1
A special system of assistance to traditional ACP suppliers of bananas is hereby established. This assistance may consist of technical and financial assistance and/of or income support.
Article 2
For the purposes of this Regulation:
- 'traditional ACP suppliers` means the ACP States listed in the Annex,
- 'bananas` means fresh or dried bananas covered by CN code 0803, excepting plantains.
TITLE I
Technical and financial assistance
Article 3
1. Technical and financial assistance shall be provided to traditional ACP suppliers with a view to helping them adapt to the new market conditions following the establishment of a common organization of the market in bananas.
2. This technical and financial assistance shall be provided to contribute to the carrying-out of programmes in the banana sector to achieve one or more of the following objectives:
- to improve quality,
- to adapt production, distribution or marketing methods to meet the quality standards provided for in Article 2 of Regulation (EEC) No 404/93,
- to establish producers' organizations which have as an objective the improvement of the marketing and competitiveness of their products,
- to develop a production and/or marketing strategy to meet the requirements of the market in the Community in the light of the common organization of the market in bananas,
- to assist with training, market intelligence, the development of environmentally sound production methods, improving the distribution infrastructure, improving trade and financial services to banana producers and/or improving competitiveness.
3. Assistance may be given to programmes having similar objectives which are currently financed under the fourth ACP-EC Convention or by the public authorities of the Member States parties to that Convention where such assistance would result in more rapid completion of the programme.
Article 4
The Commission shall decide on the eligibility of the programme and the level of assistance after consultation with the traditional ACP supplier concerned. It shall also take into account the consistency of the envisaged programme with the general development objectives of the ACP State concerned and its impact on regional cooperation with other banana producers, in particular the Community producers.
TITLE II
Income support
Article 5
1. Within the limits indicated in Article 15 (1) of Regulation (EEC) No 404/93, traditional ACP suppliers shall be eligible for income support.
2. Income support shall be paid where the reduction in income derived from the exportation to the Community of bananas complying with the common standards is directly related to conditions prevailing on the market subsequent to the establishment of the common organization of the market in bananas.
Article 6
1. Income support shall be individually calculated for each traditional ACP supplier on the basis of the quantities exported to the Community during the year of application and the difference between the reference price and the actual price.
2. The reference price shall be the average price per tonne of bananas produced in the ACP State concerned and exported to the Community during the six calendar years preceding the entry into force of this Regulation, less the two years with the highest and the lowest figures.
The actual price shall be the average price per tonne of bananas produced in the ACP State concerned and exported to the Community during the envisaged year of application.
3. The statistics needed for the calculation of income support shall be those drawn up and published on Community imports by the Statistical Office of the European Communities.
4. Before 1 July of each year, the Commission shall determine the income support for the previous year after consultation with the ACP-State concerned.
TITLE III
General provisions
Article 7
1. Financial commitments under Title I shall be in addition to any funds available to ACP States under the provisions of the fourth ACP-EC Convention.
2. Financial commitments made under Title II shall be complementary to funds available under the system guaranteeing the stabilization of export earnings provided for in Articles 186 et seq. of the fourth ACP-EC Convention. Title II therefore only entitles to payments of income support in as far as transfers, made for identical quantities in accordance with Articles 186 et seq. of the fourth ACP-EC Convention, do not entirely offset the effects of price decreases on the income of traditional ACP suppliers.
3. Payments of income support shall be used, in accordance with a framework of mutual obligations to be agreed between the traditional ACP supplier concerned and the Commission in each case, for the benefit of producers adversely affected by the loss of income and be used to enhance the economic viability of production.
4. (a) Where application of Title II gives rise to a transfer basis, the ACP State concerned shall, in the month following receipt of the notification referred to in Article 6 (4), send the Commission a substantial analysis of the sector recording the loss of earnings, the cause of the loss, the policies pursued by the authorities and the projects, programmes or operations to which the resources are to be allocated in accordance with the objectives set out in paragraph 3 hereof,
(b) Projects, programmes or operations to which the recipient ACP States undertake to allocate the transferred resources shall be examined jointly by the Commission and the ACP State concerned.
(c) Resources shall be used to support immediate operations to sustain the economic viability of production, or adjustment operations designed to restructure production and export activities, within the framework of any consistent reform policy in the banana sector.
Article 8
1. The granting of assistance as defined Article 1 shall be subject to the designation by the ACP State concerned of a representative organization entitled to act and to receive payments on its behalf within the framework of this Regulation.
2. The representative organizations shall present the following characteristics:
(a) be composed entirely or mainly or producers of bananas in one or more traditional ACP suppliers;
(b) pursue at least two of the following objectives:
- improvement of the quality of the produce,
- improvement of the quality of the distribution and marketing network,
- improvement of the returns to producers,
- improvement of the role of producers in the organization of the banana market.
3. The representative organization designated in accordance with paragraph 2 must be notified to the Commission.
Article 9
As far as necessary, detailed rules for the application of this Regulation shall be determined by the Commission in accordance with the procedure laid down in Article 10.
Article 10
The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representatives of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 11
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 29 February 1996. It shall expire on 31 December 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 1996. | [
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Commission Decision
of 10 November 2000
establishing the rules of procedure of the Consultation Forum of the revised Community Eco-label Scheme
(notified under document number C(2000) 3281)
(Text with EEA relevance)
(2000/731/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community and in particular Article 175(1) thereof,
Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July on a revised Community Eco-Label Award Scheme(1), and in particular Article 15 thereof,
Whereas:
(1) Article 13 of Regulation (EC) No 1980/2000 provides that the Commission shall establish a European Union Eco-Labelling Board, hereinafter referred to as the "EUEB", consisting of the competent bodies referred to in Article 14 and of the Consultation Forum referred to in Article 15.
(2) Article 15 of Regulation (EC) No 1980/2000 provides that the Commission shall ensure that in the conduct of its activities the EUEB observes, in respect of each product group, a balanced participation of all relevant interested parties concerned with that product group such as industry and service providers, including SMEs, crafts and their business organisations, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations.
(3) Article 15 of Regulation (EC) No 1980/2000 provides these parties shall meet in a Consultation Forum.
(4) Article 15 of Regulation (EC) No 1980/2000 provides that the rules of procedure of the Consultation Forum shall be established by the Commission in accordance with the procedure laid down under Article 17.
(5) Recital 5 of Regulation (EC) No 1980/2000 provides that for the acceptance by the general public of the Community Eco-Label Award System it is essential that environmental NGOs and consumer organisations play an important role in the development and setting of criteria for Community Eco-Labels.
(6) Annex IV(1) of Regulation (EC) No 1980/2000 provides that a specific ad hoc working group involving the interested parties referred to in Article 15 and the competent bodies referred to in Article 14 will be established within the EUEB for the development of Eco-Label criteria for each product group.
(7) The measures provided for in this Decision are in accordance with the opinion of the Committee set up in accordance with Article 17 of Regulation (EC) No 1980/2000.
HAS ADOPTED THIS DECISION:
Article 1
The rules of procedure of the Consultation Forum, set out in the Annex hereto, are hereby adopted.
Article 2
The Commission Decision of 18 November 1992 establishing the rules of procedure of the Consultation Forum of the Community Eco-Label Award Scheme(2) is hereby repealed.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 10 November 2000. | [
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*****
COMMISSION REGULATION (EEC) No 2236/89
of 25 July 1989
amending Regulation (EEC) No 4202/88 fixing the reference prices for fishery products for the 1989 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (1), as last amended by Regulation (EEC) No 1495/89 (2), and in particular the first subparagraph of Article 21 (6) thereof,
Whereas Commission Regulation (EEC) No 4202/88 fixing the reference prices for fishery products for the 1989 fishing year (3) fixes the reference prices for frozen squid;
Whereas Article 1 (2) of Commission Regulation (EEC) No 3611/84 of 20 December 1984 fixing the conversion factors for frozen quid (4), as last amended by Regulation (EEC) No 2235/89 (5), lays down that they are to be applied when fixing the reference prices referred to in Article 21 of Regulation (EEC) No 3796/81;
Whereas Regulation (EEC) No 2235/89 introduces specific conversion factors for Loligo opalescens; whereas the reference prices applicable to that species should therefore be adjusted;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
In the Annex to Regulation (EEC) No 4202/88, the section of point 2 (B) which deals with squid (Loligo spp.) falling within CN code 0307 49 is hereby replaced by the following:
1.2,3.4 // // // // // 'Squid of the genus Loligo:
// 1.2.3.4 // ex 0307 49 39 // - Loligo patagonica: // Whole, not cleaned // 1 114 // // // Cleaned // 1 337 // 0307 49 31 // - Loligo vulgaris: // Whole, not cleaned // 2 228 // // // Cleaned // 2 674 // 0307 49 33 // - Loligo pealei: // Whole, not cleaned // 1 337 // // // Cleaned // 1 560 // ex 0307 49 39 // - Loligo opalescens: // Whole, not cleaned // 891 // // // Cleaned // 1 058 // ex 0307 49 39 // - other species: // Whole, not cleaned // 1 225 // // // Cleaned // 1 448' // // // //
Article 2
This Regulation shall enter into force on 1 August 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 1989. | [
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COMMISSION DECISION of 23 December 1985 derogating in favour of Spain and Portugal from Decision 83/673/EEC in respect of the deadline for submission to the European Social Fund of applications for assistance for specific operations (85/646/EEC)
THE COMMISSION OF THE EUROPEANCOMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2950/83 of 17 October 1983 on the implementation of Decision 83/516/EEC on the tasks of the European Social Fund (1), and in particular Article 4 (3) thereof, Whereas to enable Spain and Portugal to benefit in 1986 from Fund assistance for operations under Article 3 (2) of Council Decision 83/516/EEC (2), it is necessary to establish temporarily a special deadline for the submission of applications for assistance by those States, and to derogate accordingly from Article 3 (1) of Commission Decision 83/673/EEC (3), HAS DECIDED AS FOLLOWS:
Article 1
Notwithstanding Article 3 (1) of Decision 83/673/EEC, applications for assistance submitted by the Spanish and Portuguese authorities which relate to expenditure to be incurred in 1986 or, in the case of multiannual operations, in 1986, 1987 and 1988 for operations under Article 3 (2) of Decision 83/516/EEC shall be taken into consideration provided that they are submitted before 1 February 1986.
Article 2
This Decision shall apply from 1 January 1986 subject to the entry into force of the Treaty of Accession of Spain and Portugal.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 23 December 1985. | [
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Commission Regulation (EC) No 394/2002
of 1 March 2002
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 2 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 March 2002. | [
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Commission Regulation (EC) No 1982/2001
of 10 October 2001
fixing the import duties in the rice sector
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), as last amended by Regulation (EC) No 1667/2000(2),
Having regard to Commission Regulation (EC) No 1503/96 of 29 July 1996 laying down detailed rules for the application of Council Regulation (EC) No 3072/95 as regards import duties in the rice sector(3), as last amended by Regulation (EC) No 2831/98(4), and in particular Article 4(1) thereof,
Whereas:
(1) Article 11 of Regulation (EC) No 3072/95 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 a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties.
(2) Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.
(3) Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1503/96 results in import duties being fixed as set out in the Annexes to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the rice sector referred to in Article 11(1) and (2) of Regulation (EC) No 3072/95 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 11 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 October 2001. | [
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COMMISSION DECISION
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
(notified under document number C(2004) 2104)
(Text with EEA relevance)
(2004/558/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)
Infectious bovine rhinotracheitis is the description of the most prominent clinical signs of the infection with the bovine herpesvirus type 1 (BHV1). As many infections with that virus run a subclinical course, control measures should be directed to the eradication of the infection rather than to the suppression of symptoms.
(2)
Annex E (II) to Directive 64/432/EEC lists ‘infectious bovine rhinotracheitis’ among the diseases for which national control programmes may be approved and additional guarantees requested.
(3)
Germany had submitted a programme conducted with the aim of eradicating the BHV1 infection in all parts of its territory, which complies with the criteria set out in Article 9(1) of Directive 64/432/EEC and provides for rules for the national movement of bovine animals which are equivalent to those previously implemented in Austria, the Province of Bolzano in Italy and Sweden which were successful in eradicating the disease from those countries.
(4)
The programme presented by Germany and, as requested by that Member State, the additional guarantees in relation to trade in bovine animals in order to secure the success of that programme were approved by Decision 2004/215/EC of 1 March 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).
(5)
Additional guarantees exist as regards Denmark, Austria, Finland and Sweden as well as Italy, concerning the province of Bolzano. Those Member States consider that their territory is free from infectious bovine rhinotracheitis and Italy takes the same view for the Province of Bolzano. In accordance with Article 10(1) of Directive 64/432/EEC, they submitted supporting documentation to the Commission, in particular substantiating that monitoring of the situation is continued.
(6)
To Member States or regions thereof that are recognised as being free of that disease and which are currently listed in the Annex to Commission Decision 93/42/EEC (3) only minimum requirements for the dispatch of bovine animals for breeding and production to other Member States should apply.
(7)
For the standardisation of BHV1 tests in laboratories the World Organisation for Animal Health (OIE) has adopted a strong positive, a weak positive and negative serum as OIE international standards for BHV1 tests which are available at the OIE Reference Laboratories for infectious bovine rhinotracheitis mentioned in the Manual of Standards for Diagnostic Tests and Vaccines (4).
(8)
Problems have been encountered in relation to intra-Community trade in bovine animals originating in Member States of different status with regard to infectious bovine rhinotracheitis.
(9)
For reasons of clarity and in order to ensure the linguistic consistency of the measures, it is appropriate to combine in a single Decision the approval of the German programme and the additional guarantees for infectious bovine rhinotracheitis and to repeal Decision 2004/215/EC.
(10)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The programmes presented by the Member States listed in the first column of the table in Annex I for the control and eradication of the infection with the bovine herpesvirus type 1 (BHV1), hereinafter referred to as ‘infectious bovine rhinotracheitis’ or ‘IBR’, in regions of these Member States specified in the second column of the table in Annex I are approved.
Article 2
1. Bovine animals for breeding and production coming from Member States or regions thereof other than those listed in Annex II and destined for Member States or regions thereof listed in Annex I, shall meet at least the following additional guarantees:
(a)
they must come from a holding on which, according to official information, no clinical or pathological evidence of infectious bovine rhinotracheitis has been recorded for the past 12 months;
(b)
they must have been isolated in a facility approved by the competent authority for 30 days immediately prior to movement and all bovine animals in the same isolation facility must have remained free of clinical signs of infectious bovine rhinotracheitis during that period;
(c)
they and all other bovine animals in the same isolation facility must have been subjected with negative results to a serological test carried out on blood samples, taken not earlier than 21 days after their arrival at the isolation facility, for the detection of the following antibodies:
(i)
in the case of vaccinated bovine animals, antibodies against the gE-glycoprotein of the BHV1; or
(ii)
in the case of unvaccinated bovine animals, antibodies against the entire BHV1.
2. By way of derogation to paragraph 1, the competent authorities of the Member State of origin may authorise the dispatch to holdings situated in regions listed in Annex I of bovine animals complying with at least one of the following alternative conditions:
(a)
the animals originate in a Member State listed in Annex I and come from BHV1-free holdings meeting at least the requirements set down in Annex III;
(b)
the animals are intended for meat production and comply with the following conditions:
(i)
the animals either
-
originate in BHV1-free holdings as defined in Annex III, or
-
descend from vaccinated and regularly re-vaccinated dams, or
-
have been regularly vaccinated and re-vaccinated according to the instructions of the manufacturer with a gE-deleted vaccine, or
-
have been subjected in the Member State of origin with negative result to a serological test for antibodies as referred to in paragraph 1(c) carried out on a sample of blood taken within 14 days of dispatch, and
(ii)
they are transported without coming into contact with animals of lesser health status to a holding of unknown BHV1-status in the Member State of destination listed in Annex I, where according to the approved national eradication programme all animals are fattened indoors, and from which they can only be transported directly to the slaughterhouse;
(c)
the animals originate from holdings on which all bovine animals on the holding older than 15 months of age have been vaccinated and regularly revaccinated and all animals on the holding older than nine months have been subjected with negative result to a serological test for antibodies against the gE-glycoprotein of the BHV1 at intervals of not more than 12 months and the animals have been tested with negative results for antibodies as referred to in paragraph 1(c)(i) on blood samples taken during the past 14 days prior to dispatch;
(d)
the animals originate from BHV1-free holdings as defined in Annex III which are situated in a Member State in which infectious bovine rhinotracheitis is a compulsorily notifiable disease and in which within an area of 5 km radius around the holdings there was no clinical or pathological evidence of BHV1-infection during the past 30 days and the animals have been tested with negative results for antibodies as referred to in paragraph 1(c) on a sample of blood taken during the past 14 days prior to dispatch.
3. Bovine animals for slaughter coming from Member States or regions thereof other than those listed in Annex II and destined for Member States or regions thereof listed in Annex I shall be transported directly to the slaughterhouse of destination or to an approved assembly centre from where they shall be removed in accordance with Article 7, second indent, of Directive 64/432/EEC to the slaughterhouse to be slaughtered.
4. In point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC accompanying bovine animals as referred to in paragraph 1, the following information shall be inserted:
(a)
after the first indent: ‘IBR’;
(b)
after the second indent: ‘Article 2, paragraph …. point …. of Commission Decision 2004/558/EC’.
Article 3
1. Bovine animals for breeding and production coming from Member States or regions thereof other than those listed in Annex II and destined for Member States or regions thereof free of infectious bovine rhinotracheitis and listed in Annex II, shall meet the following additional guarantees:
(a)
they shall comply with the additional guarantees provided for in Article 2(1)(a) and (b);
(b)
they and all other bovine animals in the same isolation facility referred to in Article 2(1)(b) must have been subjected with negative results to a serological test carried out on blood samples taken not earlier than 21 days after their arrival at the isolation facility, for the detection of antibodies against the entire BHV1;
(c)
they must not have been vaccinated against infectious bovine rhinotracheitis.
2. Bovine animals for slaughter coming from Member States or regions thereof other than those listed in Annex II and destined for Member States or regions thereof listed in Annex II shall be transported directly to the slaughterhouse of destination to be slaughtered in accordance with Article 7, first indent, of Directive 64/432/EEC.
3. In point 4 of Section C of the health certificate set out in Model 1 of Annex F to Directive 64/432/EEC accompanying bovine animals as referred to in paragraph 1, the following information shall be inserted:
(a)
after the first indent: ‘IBR’,
(b)
after the second indent: ‘Article 3 of Commission Decision 2004/558/EC’.
Article 4
Bovine animals for breeding and production originating in a Member State or region thereof listed in Annex II and destined for a Member State or region thereof listed in Annexes I or II shall comply with the conditions provided for in Article 2(1)(a).
Article 5
Member States shall ensure that the serological test referred to in Article 2(1)(c)(ii) and in Article 3(1)(b) for the detection of antibodies against the entire BHV1 is standardised against the strong positive, weak positive and negative serum adopted as OIE international standards for BHV1 tests.
Article 6
Decision 2004/215/EC is repealed.
Article 7
This Decision shall apply from 26 July 2004.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 15 July 2004. | [
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Commission Decision
of 3 April 2003
amending Decision 93/231/EEC, authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain Member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Council Directive 66/403/EEC
(notified under document number C(2003) 1057)
(Text with EEA relevance)
(2003/242/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/56/EC, of 13 June 2002, on the marketing of seed potatoes(1), as amended by Commission Decision 2003/66/EC(2), and in particular Article 17(2) thereof,
Whereas:
(1) Commission Decision 93/231/EC(3), as last amended by Decision 96/332/EC(4), authorised certain Member States, in respect of listed regions, to restrict the marketing of seed potatoes to basic seed potatoes of certain Community grades.
(2) Changes in the administrative structure of certain regions in Finland require that the entry relating to Finland in the said Decision be amended.
(3) 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
The Annex to Decision 93/231/EEC is hereby amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 3 April 2003. | [
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COMMISSION DECISION of 31 March 1992 amending Commission Decision 87/257/EEC relating to the list of establishments in the United States of America approved for the purpose of importing fresh meat into the Community (92/225/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 91/688/EEC (2), and in particular Articles 4 (1) and 18 (1) thereof,
Whereas a list of establishments in the United States of America, approved for the purpose of importing fresh meat into the Community, was drawn up initially by Commission Decision 87/257/EEC (3), as last amended by Commission Decision 92/178/EEC (4); whereas that list may be amended at any time in the light of the results of Community inspections carried out in the United States of America;
Whereas, under the circumstances, it is necessary to re-examine the existing situation in a short time; also during this transitional period, it seems appropriate not to modify certain existing importations of fresh meat coming from the United States of America, although it is necessary to fix a final date for the unloading of such fresh meat onto the territory of the Community, taking into account commercial constraints;
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 87/257/EEC is hereby replaced by the Annex to this Decision.
Article 2
The present Decision comes into force on 1 April 1992.
Article 3
The present Decision shall be reviewed by 31 July 1992 at the latest.
Article 4
This Decision is addressed to the Member States. Done at Brussels, 31 March 1992. | [
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Commission Decision
of 31 January 2001
on the procedure for attesting the conformity of construction products pursuant to Article 20(2) of Council Directive 89/106/EEC as regards vetures
(notified under document number C(2000) 4359)
(Text with EEA relevance)
(2001/308/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(1), as amended by Directive 93/68/EEC(2), and in particular Article 13(4) thereof,
Whereas:
(1) The Commission is required to select, as between the two procedures under Article 13(3) of Directive 89/106/EEC for attesting the conformity of a product, the least onerous possible procedure consistent with safety. This means that it is necessary to decide whether, for a given product or family of products, the existence of a factory production control system under the responsibility of the manufacturer is a necessary and sufficient condition for an attestation of conformity, or whether, for reasons related to compliance with the criteria mentioned in Article 13(4), the intervention of an approved certification body is required.
(2) Article 13(4) requires the procedure thus determined to be indicated in the mandates and in the technical specifications. It is therefore desirable to identify the products or family of products referred to in the technical specifications.
(3) The two procedures provided for in Article 13(3) are described in detail in Annex III to Directive 89/106/EEC. It is necessary therefore to specify clearly the methods by which the two procedures are to be implemented, by reference to Annex III, for each product or family of products, since Annex III gives preference to certain systems.
(4) The procedure referred to in point (a) of Article 13(3) corresponds to the systems set out in the first possibility, without continuous surveillance, and the second and third possibilities of point (ii) of Section 2 of Annex III. The procedure referred to in point (b) of Article 13(3) corresponds to the systems set out in point (i) of Section 2 of Annex III, and in the first possibility, with continuous surveillance, of point (ii) of Section 2 of Annex III.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction,
HAS ADOPTED THIS DECISION:
Article 1
The products and families of products set out in Annex I shall have their conformity attested by a procedure whereby the manufacturer has under its sole responsibility a factory production control system ensuring that the product is in conformity with the relevant technical specifications.
Article 2
The products and families of products set out in Annex II shall have their conformity attested by a procedure whereby, in addition to a factory production control system operated by the manufacturer, an approved certification body is involved in assessment and surveillance of the production control or of the product itself.
Article 3
The procedure for attesting conformity as set out in Annex III shall be indicated in the mandates for Guidelines for European technical approvals.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 31 January 2001. | [
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COMMISSION REGULATION (EEC) No 3688/92 of 21 December 1992 adapting to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (1), as last amended by Regulation (EEC) No 3572/90 (2), and in particular Articles 17 and 18 thereof,
Whereas it is necessary to eliminate the possibilities of fraud in the use of the electronic recording equipment in road transport;
Whereas in the light of experience and in view of the current state of the art it is possible to protect the connecting cables of the appliance to the impulse transmitter in order to make them inviolable;
Whereas, having regard to the lifetime of the existing recording equipment, there is a need to implement this new technology in the Community construction and installation standards for electronic recording equipment;
Whereas it is necessary to break the seal of the recording equipment to install a speed limitation device on the vehicle; whereas such an action is permitted by the Regulation only in an emergency case; whereas it is advisable consequently to amend the Regulation accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee for Adaptation of Regulation (EEC) No 3821/85 to Technical Progress,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3821/85 is hereby amended as follows:
1. in Article 12, the following paragraph 5 is inserted:
'5. Any seal may be removed by the fitters or workshops approved by competent authorities under paragraph 1 of this Article, or in the circumstances described in Annex I, Chapter V, paragraph 4 to this Regulation.';
2. in Annex I, Chapter V, paragraph 4, the following provision (g) is included:
'(g) any cover giving access to the means of adapting the constant of the recording equipment to the characteristic coefficient of the vehicle.'
At the end of paragraph 4, 'Only the seals mentioned in (b), (c) and (e) may be removed in cases of emergency'; is amended as follows:
'The seals mentioned in (b), (c) and (e) are authorized to be removed:
- in case of emergency,
- to install, to adjust or to repair a speed limitation device or any other device contributing to road safety,
provided that the recording equipment continues to function reliably and correctly and is resealed by an approved fitter or workshop immediately after fitting the speed limitation device or any other device contributing to road safety or within seven days in other cases.';
3. in Annex I, Chapter V, the following provision 5 is inserted:
'5. The cables connecting the recording equipment transmitter must be protected by a continuous plastic-coated stainless sheath with crimped ends.'
Article 2
As from 1 January 1994, Member States shall no longer grant EEC approval to any type of recording equipment which does not comply with the provisions of Regulation (EEC) No 3821/85, as amended by this Regulation.
Article 3
As from 1 January 1996, the recording equipment of any new vehicle brought into service for the first time shall comply with Regulation (EEC) No 3821/85, as amended by this Regulation.
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 December 1992. | [
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COMMISSION REGULATION (EC) No 46/2008
of 18 January 2008
amending for the 90th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Article 7(1), first indent, thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2)
On 21 December 2007, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 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, 18 January 2008. | [
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COMMISSION REGULATION (EC) No 443/2008
of 22 May 2008
granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.
(2)
Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 20 May 2008.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the permanent tender opened by Regulation (EC) No 581/2004, for the tendering period ending on 20 May 2008 no export refund shall be granted for the products and destinations referred to in Article 1(1) of that Regulation.
Article 2
This Regulation shall enter into force on 23 May 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2008. | [
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COUNCIL DECISION 2008/884/CFSP
of 21 November 2008
implementing Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Joint Action 2007/369/CFSP on the establishment of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN), and in particular Article 13(2) thereof, in conjunction with the second indent of the first subparagraph of Article 23(2) of the Treaty on European Union,
Whereas:
(1)
On 30 May 2007, the Council adopted Joint Action 2007/369/CFSP (1) for a period of three years. The operational phase of EUPOL AFGHANISTAN began on 15 June 2007.
(2)
It is up to the Council to adopt the financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 December 2008 until 30 November 2009,
HAS DECIDED AS FOLLOWS:
Article 1
The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 December 2008 until 30 November 2009 shall be EUR 64 000 000.
Article 2
This Decision shall enter into force on the date of its adoption.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 21 November 2008. | [
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COMMISSION DECISION of 22 July 1998 amending for the third time Decision 93/42/EEC, concerning additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Member States or Regions of Member States free from the disease, in relation to Austria and amending for the second time Decision 95/109/EC (notified under document number C(1998) 2184) (Text with EEA relevance) (98/548/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, as last amended and updated by Council Directive 97/12/EC (2), on animal health problems affecting intra-community trade in bovine animals and swine and in particular Articles 9(2) and 10(2) thereof,
Whereas an eradication programme of infectious bovine rhinotracheitis in Austria was approved by Commission Decision 97/250/EC (3); whereas the programme is regarded to have been successful in eradicating this disease from certain territories of Austria;
Whereas to secure progress and successfully conclude the initiated IBR programmes Austria was granted certain additional guarantees by Commission Decision 95/109/EC (4);
Whereas therefore Austria considers that its territory is free from infectious bovine rhinotracheitis and has submitted supporting documentation to the Commission;
Whereas the authorities of Austria apply for national movement of bovine animals rules at least equivalent to those foreseen in the present Decision;
Whereas Commission Decision 93/42/EEC (5), as amended by Commission Decision 98/362/EEC (6), gives additional guarantees in relation to infectious bovine rhinotracheitis for bovines destined for Denmark, Finland and Sweden;
Whereas it is appropriate to propose certain additional guarantees to protect the progress made in Austria; whereas it is therefore appropriate to amend this Decision to give the same guarantee to some territories of Austria;
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 line is added to the Annex of Decision 93/42/EEC:
TABLE
Article 2
In the Annex of Commission Decision 95/109/EC the words 'Austria: all regions` are replaced by 'Austria: all regions with the exception of Burgenland, Kärnten, Steiermark, Niederösterreich (except the Bezirke of Amstetten and Waidhofen an der Ybbs-(Stadt)), Salzburg (except the Bezirke of Salzburg-Stadt and Salzburg-Umgebung), Oberösterreich (only the Bezirke of Freistadt, Linz-Stadt, Perg, Rohrbach and Urfahr-Umgebung), Tirol, Vorarlberg and Wien`.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 22 July 1998. | [
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COMMISSION REGULATION (EC) No 1093/2005
of 12 July 2005
on the issuing of system A3 export licences in the fruit and vegetables sector (tomatoes, oranges, table grapes, apples and peaches)
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 the third subparagraph of Article 35(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 979/2005 (2) opens an invitation to tender setting the indicative refund rates and indicative quantities for system A3 export licences, which may be issued, other than those tendered for as part of food aid.
(2)
In the light of the tenders submitted, the maximum refund rates and the percentages of quantities to be awarded for tenders quoting those maximum rates should be set.
(3)
In the case of tomatoes, oranges, table grapes, apples and peaches, the maximum rate necessary to award licences for the indicative quantity up to the quantities tendered for is not more than one-and-a-half times the indicative refund rate,
HAS ADOPTED THIS REGULATION:
Article 1
In the case of tomatoes, oranges, table grapes, apples and peaches, the maximum refund rates and the percentages for reducing the quantities awarded under the invitation to tender opened by Regulation (EC) No 979/2005 shall be fixed in the Annex.
Article 2
This Regulation shall enter into force on 13 July 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 July 2005. | [
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Council Decision
of 26 February 2001
on the signing, on behalf of the European Community, of an Agreement in the form of a Memorandum of Understanding between the European Community and the Democratic Socialist Republic of Sri Lanka on arrangements in the area of market access for textile and clothing products, and authorising its provisional application
(2001/214/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first and second subparagrah of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Commission has negotiated on behalf of the Community a bilateral Agreement in the form of a Memorandum of Understanding on trade in textile products with Sri Lanka.
(2) The Agreement in the form of a Memorandum of Understanding was initialled on 5 December 2000.
(3) The Agreement in form of a Memorandum of Understanding should be signed on behalf of the Community.
(4) In order to allow its benefits to accrue to both Parties immediately following the relevant notifications to the WTO, it is appropriate to apply this Agreement on a provisional basis as from 1 December 2000 pending completion of the relevant procedures for its formal conclusion, subject to reciprocity,
HAS DECIDED AS FOLLOWS:
Article 1
Subject to its possible conclusion at a later date the President of the Council is hereby authorised to designate the persons empowered to sign, on behalf of the European Community, the Agreement in the form of a Memorandum of Understanding on trade in textile products with Sri Lanka.
The text of the Agreement is annexed to this Decision.
Article 2
Subject to reciprocity, the Agreement in the form of a Memorandum of Understanding shall be applied on a provisional basis from 1 December 2000 pending the completion of the procedures for its formal conclusion.
Article 3
1. The Commission, in accordance with the procedure referred to in Article 17 of Council Regulation 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(1), may modify the application of the double-checking system for certain products, after consultations with Sri Lanka under Point 7 of the Memorandum of Understanding.
2. The Commission shall re-apply the quota regime in the event of the failure on the part of Sri Lanka to fulfil the obligations covered by Points 2 and 6 of the Memorandum of Understanding in accordance with the procedure referred to in Article 17 of Regulation No 3030/93.
Done at Brussels, 26 February 2001. | [
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COMMISSION DECISION of 22 May 1991 amending Decision 90/14/EEC drawing up a list of third countries from which Member States authorize imports of deep-frozen semen of domestic animals of the bovine species (91/276/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (1), and in particular Article 8 thereof,
Whereas Commission Decision 90/14/EEC (2) lists third countries from which Member States authorize imports of deep-frozen semen of domestic animals of the bovine species;
Whereas the present list should be amended to include Israel and Norway following Commission missions and in the light of the situation obtaining with regard to animal health in these countries;
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 90/14//EEC is hereby replaced by the Annex to this Decision. Article 2
This Decision is addressed to the Member States. Done at Brussels, 22 May 1991. | [
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COUNCIL REGULATION (EC) No 1738/2006
of 23 November 2006
amending Regulation (EC) No 930/2004 on temporary derogation measures relating to the drafting in Maltese of the acts of the institutions of the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 290 thereof,
Having regard to the Treaty on European Union, and in particular Articles 28 and 41 thereof,
Having regard to Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (1) and to Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Atomic Energy Community (2), which two Regulations are hereinafter referred to as ‘Regulation No 1’,
Having regard to Council Regulation (EC) No 930/2004 of 1 May 2004 on temporary derogation measures relating to the drafting in Maltese of the acts of the institutions of the European Union (3), and in particular Articles 2 and 3 thereof,
Whereas:
(1)
By Regulation (EC) No 930/2004, the Council decided that, by way of derogation from Regulation No 1 and for a transitional period of three years beginning on 1 May 2004, the institutions of the Union would not be bound by the obligation to draft all acts in Maltese and to publish them in that language in the Official Journal of the European Union.
(2)
On that occasion, the Council agreed, in Article 2 of the said Regulation, that not later than 30 months after its adoption, the Council would review the operation of that Regulation and determine whether to extend it for a further period of one year.
(3)
Since the start of the transitional period, the situation as regards translation from and into Maltese has improved considerably, so that an extension of the temporary derogation measures is not justified. By Decision of 24 October 2006, the Council accordingly decided that there were no grounds for such an extension. The transitional period will therefore come to an end on 30 April 2007.
(4)
However, Article 3 of the said Regulation stipulates that, at the end of the transitional period, all acts which at that time have not already been published in the Maltese language are also to be published in that language; it would nevertheless appear to be very difficult for all those acts to be translated and published immediately after 30 April 2007. Article 3 should therefore be amended in order to give the institutions a further space of time to enable them to absorb the backlog of all the acts that will not have been published in Maltese by the end of the transitional period,
HAS ADOPTED THIS REGULATION:
Article 1
Article 3 of Regulation (EC) No 930/2004 shall be replaced by the following:
‘Article 3
All acts which have not been published in Maltese by 30 April 2007 will also be published in that language by 31 December 2008 at the latest.’
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, 23 November 2006. | [
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Commission Regulation (EC) No 283/2003
of 14 February 2003
fixing the maximum aid for concentrated butter for the 285th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90
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 Commission Regulation (EC) No 509/2002(2), and in particular Article 10 thereof,
Whereas:
(1) In accordance with Commission Regulation (EEC) No 429/90 of 20 February 1990 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community(3), as last amended by Regulation (EC) No 124/1999(4), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter; Article 6 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 % or a decision is to be taken to make no award; the end-use security must be fixed accordingly.
(2) In the light of the tenders received, the maximum aid should be fixed at the level specified below and the end-use security determined accordingly.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 285th special invitation to tender under the standing invitation to tender opened by Regulation (EEC) No 429/90, the maximum aid and the amount of the end-use security shall be as follows:
TABLE
Article 2
This Regulation shall enter into force on 15 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 February 2003. | [
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*****
COMMISSION DECISION
of 18 September 1986
establishing an Advisory Committee on the protection of the environment in areas under serious threat (Mediterranean basin)
(86/479/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Whereas the action programme of the European Community on the environment (1982-86) adopted by the Council on 7 February 1983 (1) expressly states that the environment must be regarded as the basis constituting the limits to further economic and social development;
Whereas the Commission adopted on 11 April 1984 a communication defining a strategy and a plan of action for the protection of the environment in the Mediterranean (2), calling for the implementation of a range of coordinated measures which would create conditions conducive to the harmonious development of the region's socio-economic activities;
Whereas the European Parliament has adopted a resolution on the abovementioned communication approving the proposal to establish an advisory committee (3);
Whereas the Mediterranean basin is a region with particular physical, socio-economic and cultural characteristics whose problems and potential demand special attention in Community policies;
Whereas the Commission must consult experts from the Member States on pollution in areas where the environment is under particular threat;
Whereas it is also necessary for the Community to have a forum in which the experts can meet to pool national information and experience, thus facilitating coordination of the measures taken or planned at national, international and Community level,
HAS DECIDED AS FOLLOWS:
Article 1
An Advisory Committee on the protection of the environment in areas under serious threat, hereinafter referred to as 'the Committee', is hereby set up under the aegis of the Commission.
Article 2
The Committee shall assist the Commission in the implementation of the programme set out in the communication on the protection of the environment in the Mediterranean basin, and in particular it shall:
1. Gather information on present and foreseeable environmental problems and on measures under way or planned;
2. Identify and deliver opinions on feasibility studies, descriptive analyses and pilot or demonstration projects for which a financial contribution by the Commission is proposed from the budgetary appropriations for direct Community measures in regions where the environment is under particular threat;
3. Direct its work towards the study and examination of questions whose solution will require the deployment of more substantial resources and in respect of which results may only be expected in the longer term;
4. Develop, with the help of the abovementioned resources, a medium- and long-term strategy and plan of action for the protection of the environment in the Mediterranean basin.
Article 3
The Committee shall comprise a maximum of 16 highly-qualified specialists who are experts in the areas set out in Article 2.
Article 4
The experts shall be appointed by the Commission upon proposals from the Member States.
Article 5
An alternate shall be appointed for each member of the Committee, in accordance with the procedure set out in Article 4. Without prejudice to Article 9, an alternate shall attend meetings of the Committee and participate in its work only if the member for whom he is deputizing is prevented from attending.
Article 6
The term of office of members of the Committee shall be two years. On expiry of the two-year period, the members of the Committee shall remain in office until they are replaced or their term of office is extended. The term of
office of a member or alternate shall end before expiry of the two-year period if the person in question dies or resigns, or the government which proposed him requests that he be replaced. His successor shall be appointed for the remainder of the term of office in accordance with the procedure set out in Article 4.
There shall be no remuneration for the tasks performed.
Article 7
The list of members and alternates shall be published by the Commission in the Official Journal of the European Communities.
Article 8
The Committee shall be chaired by a Commission representative.
Article 9
The chairman may invite any person who has particular experience of an item on the Committee's agenda to participate in the Committee's work as an expert.
Experts shall participate only in discussions on the questions for which they were invited to attend.
Article 10
Should the need arise, the Commission may co-opt onto the Committee one or more persons who have particular experience of a given field under discussion.
Article 11
Representatives of the Commission departments concerned shall participate in the Committee's work.
Secretarial services shall be provided by the Commission.
Article 12
In accordance with requirements, the Committee shall adopt its own rules of procedure.
Article 13
Without prejudice to Article 214 of the Treaty, the members of the Committee shall be under an obligation not to disclose information which they acquire through the work of the Committee in cases where the Commission informs them that the opinion requested, or the question under discussion, relates to a confidential matter. In such cases, only the members of the Committee and the representatives of the Commission's departments shall attend meetings of the Committee.
Article 14
This Decision shall take effect on 18 September 1986.
Done at Brussels, 18 September 1986. | [
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COMMISSION REGULATION (EC) No 1103/2006
of 18 July 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 19 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 July 2006. | [
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COMMISSION DECISION of 28 November 1995 on a common technical regulation for attachment requirements for terminal equipment for digital european cordless telecommunications (DECT), public access profile (PAP) applications (Text with EEA relevance) (95/525/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (1) as amended by Council Directives 93/68/EEC (2) and 93/97/EEC (3), and in particular Article 6 (2) thereof,
Having regard to Council Directive 91/287/EEC (4) of 3 June 1991 on the frequency bands to be designated for the coordinated introduction of digital European cordless telecommunications (DECT) in the Community,
Whereas the Commission, in accordance with the procedure laid down in Article 14 of Council Directive 91/263/EEC and in particular in accordance with the opinion delivered on 20 February 1992 by the Approvals Committee for Terminal Equipment (ACTE), has adopted the measure identifying the type of terminal equipment for which a common technical regulation is required as well as the associated scope statement;
Whereas the relevant standardization body has prepared the harmonized standards implementing the essential requirements applicable;
Whereas the Commission has submitted the draft measure for an opinion of ACTE in accordance with the second indent of Article 6 (2), of Council Directive 91/263/EEC;
Whereas the Commission under the terms of the second indent of Article 6 (2) of Council Directive 91/263/EEC is responsible for adopting the corresponding harmonized standards implementing the essential requirements which shall be transformed into common technical regulations;
Whereas the common technical regulation adopted in this Decision is in accordance with the opinion of ACTE delivered on 28 September 1995,
HAS ADOPTED THIS DECISION:
Article 1
1. This Decision shall apply to terminal equipment for digital European cordless telecommunications (DECT), public access attachment requirements and falling within the scope of the harmonized standard identified in Article 2 (1) of this Decision.
2. This Decision establishes common technical regulation covering the attachment requirements for the terminal equipment identified in paragraph 1.
Article 2
1. The common technical regulation shall include the harmonized standard having been prepared by the relevant standardization body implementing to the extent applicable the essential requirements referred to in Articles 4 d), 4 e) and 4 f) of Directive 91/263/EEC. The reference to this standard is set out in the Annex.
2. Terminal equipment falling within this Decision shall comply with the common technical regulation referred to in paragraph 1, shall meet the essential requirements referred to in points (a) and (b) of Article 4 of Council Directive 91/263/EEC, and shall meet the requirements of any other applicable Directives, in particular Council Directives 73/23/EEC (5) and 89/336/EEC (6).
Article 3
Notified bodies designated for carrying out the procedures referred to in Article 9 of Council Directive 91/263/EEC shall, as regards terminal equipment covered by Article 1 (1) of this Decision use or ensure the use of the harmonized standard referred to in the Annex by the date of coming into force of this Decision at the latest.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 28 November 1995. | [
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COMMISSION REGULATION (EC) No 974/95 of 28 April 1995 on certain transitional measures required to implement the Uruguay Round Agricultural Agreement
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (2), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94, and in particular Articles 9 (2) and 13 (6) thereof, and the corresponding provisions of the other Regulations on the common organization of the agricultural markets,
Whereas the monitoring of quantities exported for which refunds are paid during the marketing years covered by the Uruguay Round Agricultural Agreement will be based on the export licences issued during each marketing year;
Whereas Regulation (EC) No 1521/94 (3) states that measures will be taken to avoid disruption to trade;
Whereas steps must be taken to ensure a smooth transition from the arrangements applicable before the entry into force of the abovementioned Agreement and those applicable after that date;
Whereas the needs of the market require that this Regulation enter into force as soon as possible;
Whereas the Management Committees concerned have not issued an opinion within the time limits set by their respective chairmen,
HAS ADOPTED THIS REGULATION:
Article 1
1. Licences issued before 1 July 1995 or before the dates of application referred to in Article 6 (2) (c) of Regulation (EC) No 3290/94 shall be issued for quantities which correspond to the quantities normally disposed of during the period concerned.
The quantities normally disposed of shall mean the average quantities for which licences with advance fixing of the refund were issued in the last three years during the two months before July or the month of application laid down in Article 6 (2) (c) of Regulation (EC) No 3290/94.
Section 20 of the licence applications and licences referred to in this Regulation shall contain one of the following:
Certificados transitorios - Reglamento (CE) n° 974/95 Certificats transitoires - Règlement (CE) n° 974/95 Transitional licences - Regulation (EC) No 974/95 UEbergangslizenzen gemaess der Verordnung (EG) Nr. 974/95 Overgangscertificaten - Verordening (EG) nr. 974/95 Titoli transitori - Regolamento (CE) n. 974/95 Certificados transitórios - Regulamento (CE) nº 974/95 Overgangslicens - forordning (EF) nr. 974/95 ÌaaôáâáôéêUE ðéóôïðïéçôéêUE - Káíïíéóìueò (AAÊ) áñéè. 974/95 OEvergaangslicens enligt foerordning (EG) nr 974/95 Siirtymaetodistus, asetus (EY) N :o 974/95 The Member States shall notify the Commission of the licence applications submitted pursuant to this Regulation.
2. Article 1 of Regulation (EC) No 1521/94 shall not apply to the licences referred to in paragraph 1 and Article 2 of that Regulation shall not apply to products placed under any of the arrangements referred to in Articles 4 and 5 of Council Regulation (EEC) No 565/80 (4) covered by a licence issued pursuant to paragraph 1.
Regulation (EC) No 1521/94 should continue to apply, at the request of the parties concerned, to new licences not subject to the limits referred to in the second subparagraph of paragraph 1.
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:
- for products for which licences are currently issued, for licences applied for from the date of entry into force, either after a period for consideration or by invitation to tender,
- for other products when measures have been adopted for monitoring quantities thereof.
However, in the case of:
- rice sector products, 1 May 1995 is replaced by 1 July 1995,
- sugar sector products, 1 May 1995 is replaced by 1 August 1995,
- olive oil sector products, 1 May 1995 is replaced by 1 September 1995.
It shall not apply to licences issued in respect of agricultural products exported in the form of goods not listed in Annex II of the Treaty.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 1995. | [
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Council Regulation (EC) No 822/2004
of 26 April 2004
amending Regulation (EC) No 2603/2000 imposing a definitive countervailing duty on imports of certain polyethylene terephtalate originating, inter alia, in Thailand
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1) (the basic Regulation), and in particular Article 20 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. MEASURES IN FORCE
(1) The measures currently in force are definitive countervailing duty imposed by Regulation (EC) No 2603/2000(2), under which imports into the Community of certain polyethylene terephtalate (the product concerned) originating in Thailand are subject to a duty, in the form of a specific amount per tonne, i.e. EUR 49,1 per tonne.
(2) It should be noted that the same imports are also subject to a definitive anti-dumping duty of EUR 83,2 per tonne, imposed by Regulation (EC) No 2604/2000(3).
B. CURRENT INVESTIGATION
1. Request for a review
(3) The Commission subsequently received a request to initiate an accelerated review of Regulation (EC) No 2603/2000, pursuant to Article 20 of the basic Regulation, from the Thai producer Indo Pet (Thailand) Ltd (Indo Pet). This company claimed that it was not individually investigated during the original period of investigation (i.e. from 1 October 1998 to 30 September 1999) for reasons other than the refusal to cooperate with the Commission.
(4) It should be noted that the Commission simultaneously received, from the same Thai producer, a request to initiate a "new exporter" review of Regulation (EC) No 2604/2000. This parallel proceeding is subject to a separate Council Regulation.
2. Initiation of an accelerated review
(5) The Commission examined the evidence submitted by the Thai exporting producer concerned and considered it sufficient to justify the initiation of an accelerated review in accordance with Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by a notice published in the Official Journal of the European Union(4), a review of Regulation (EC) No 2603/2000 with regard to the company concerned and commenced its investigation.
3. Product concerned
(6) The product covered by the current review is the same as in the original investigation, i.e. polyethylene terephthalate (PET) with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728. It is currently classifiable within CN code 3907 60 20.
4. Parties concerned
(7) The Commission officially advised the company concerned and the representatives of the exporting country of the initiation of the review. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request a hearing. No such request was however received.
(8) The Commission also sent out a questionnaire to the Government of Thailand and to the company concerned and received a reply within the deadline. The Commission sought and verified all the information deemed necessary for the determination of subsidisation, and a verification visit was carried out at the premises of the company concerned.
5. Investigation period
(9) The investigation of subsidisation covered the period from 1 January 2002 to 31 March 2003 (investigation period or IP).
6. Methodology
(10) The same methodology as that used in the original investigation was applied in the current investigation.
C. SCOPE OF THE REVIEW
(11) As no request for a review of the findings on injury was made in the request for the investigation, the review was limited to subsidies granted to Indo Pet.
(12) The Commission examined the same subsidy schemes that were analysed in the original investigation. It also examined whether the new exporter had used any subsidy schemes that were alleged to be granted in the original complaint but not found to have been used during the original investigation period.
(13) It was finally examined whether the new exporters had made use of any subsidy schemes that were established after the end of the original investigation period, or had received ad hoc subsidies after this date.
D. RESULTS OF THE INVESTIGATION
1. New exporter qualification
(14) The investigation confirmed that the company concerned was not individually investigated during the original investigation for reasons other than a refusal to cooperate with the Commission.
(15) Accordingly, it is confirmed that the company concerned should be considered a new exporter in accordance with Article 20 of the basic Regulation, and thus an individual amount of subsidy could be determined for it.
2. Subsidisation
(16) The original investigation showed that the following schemes - under the Investment Promotion Act (IPA) - from which the applicant may potentially benefit, were specific within the meaning of Article 3(2)(a) and (2)(b) of the basic Regulation and thus countervailable(5):
- exemption or reduction on duties on imports of machinery,
- exemption from corporate income tax,
- additional incentives under the form of a double deduction of certain expenses for enterprises located in special investment promotion zones,
- exemption of import duties on raw and essential materials.
(17) The current investigation revealed that, since the end of the original period of investigation, no change occurred that would alter the conclusions that the above schemes are still countervailable. Additionally, the investigation did not reveal that the company benefited from any other than the above subsidy schemes.
Exemption or reduction on duties on imports of machinery
(18) Section 28 of the IPA is the legal basis to grant the exemption of import duties on machinery, provided that such machinery is not being produced or assembled in Thailand, and provided that it will be used in the promoted activity, as defined by the IPA. Section 29 of the IPA provides the legal basis for the 50 % reduction on import duties on imported machinery.
(19) The benefit to the exporter should be calculated on the basis of the amount of unpaid customs duty due on imported capital goods, by spreading this amount across a period which reflects the normal depreciation of such capital goods in the industry of the product concerned, pursuant to Article 7(3) of the basic Regulation.
(20) On this basis, the benefit received by Indo Pet is of less than 0,1 % which is considered immaterial.
Exemption from corporate income tax and additional incentives for enterprises located in special investment promotion zones
(21) These two countervailable schemes are defined by Sections 31 and 35(3) of the IPA.
(22) By virtue of Section 31 of the IPA, exemptions from the corporate income tax are authorised for a period ranging between three to eight years, depending on the location of the investments. Different eligibility criteria are applied to different geographical zones (zones 1 to 3, as defined by the IPA). Indo Pet, being located in the so-called zone 3, has been granted an eight-year corporate income tax exemption pursuant to Section 31 of the IPA. Indo Pet was further granted additional incentives under the form of a double deduction of transportation, electricity and water supply costs, as provided by Section 35(3) of the IPA.
(23) The benefit obtained by a company in the case of tax exemptions and tax reductions is calculated by reference to the amount of tax that would have been payable by the recipient company during the investigation period, had it not been able to benefit from a subsidy scheme. In the current case, the amount of tax normally payable during the IP is the tax payable during the tax year 2002 (no data regarding any tax payable amount concerning the first three months of the tax year 2003 being available during the on-spot investigation), and these taxes due are incurred in respect of revenue earned in 2001. On this basis, it was established that further to the provisions of Sections 35(3) of the IPA, the company concerned offset a significant part of its relevant taxable profit, the remaining part of which was totally exempted from corporate income tax pursuant to Section 31 of the IPA. The benefit granted to the company therefore consists of the amount of corporate income tax that the company did not have to pay during the IP by making use of the two countervailable schemes concerned.
(24) The subsidy obtained through the two above schemes was not granted by reference to quantities manufactured, produced, exported or transported. Therefore, pursuant to Article 7(2) of the basic Regulation, the amount of countervailable subsidy was determined by allocating the value of the total benefit, as described under recital 23, over the level of total sales of the company during the IP (annualised in this case).
(25) On this basis, it was found that Indo Pet received a benefit of 2,6 %.
Exemption of import duties on raw and essential materials
(26) Section 36(1) of the IPA provides the legal basis for exemption of import duties on the raw and essential materials imported for use specifically in producing, mixing, or assembling products or commodities for export.
(27) In the present case, it was established that the import duty exemption did not result in an excess remission of import duties for the exporter concerned. Therefore, there is no subsidy according to Article 2 of the basic Regulation and it is not necessary to further evaluate this scheme since no benefit was conferred on the exporting producer.
E. AMOUNTS OF COUNTERVAILABLE SUBSIDIES
(28) Taking account of the definitive findings relating to the various schemes as set out above, the amount of countervailable subsidy for the investigating exporting producer is as follows:
TABLE
F. AMENDMENT OF THE MEASURES BEING REVIEWED
(29) In the light of the foregoing, it is considered that a definitive countervailing duty should be imposed at the level of the subsidy margin found. In accordance with Article 15(1) of the basic Regulation, the countervailing duty should however not be higher than the countrywide injury margin established for Thailand by Regulation (EC) No 2603/2000 during the original anti-dumping investigation.
(30) It was considered appropriate during the original investigation to impose duties in the form of a specific amount per tonne, since PET prices can fluctuate in line with fluctuations in crude oil prices, thus significantly affecting the level of the duty. The same methodology should be applied in the current investigation. This specific amount should result from the application of the countervailing duty rate to the cif export prices.
(31) This leads to a countervailing duty rate for the exporting producer concerned of EUR 23,9 per tonne.
G. DISCLOSURE AND DURATION OF THE MEASURES
(32) The company concerned and all other interested parties were informed of the facts and considerations on the basis of which it was intended to impose the amended definitive countervailing duty on the imports of the company concerned.
(33) This review does not affect the date on which Regulation (EC) No 2603/2000 shall expire pursuant to Article 18(1) of the basic Regulation.
(34) Regulation (EC) No 2603/2000 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The table in Article 1(3) of Regulation (EC) No 2603/2000 shall be amended by adding the following:
TABLE "
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 26 April 2004. | [
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COMMISSION REGULATION (EEC) No 2178/91 of 24 July 1991 re-establishing the levying of customs duties on products falling within CN code ex 2914 21 00, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), as modified by Regulation (EEC) No 3835/90 (2), and in particular Article 9 thereof,
Whereas, pursuant to Articles 1 and 6 of Regulation (EEC) No 3831/90, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I within the framework of the preferential tariff ceilings fixed in column 6 of Annex I;
Whereas, as provided for in Article 7 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of products falling within CN code ex 2914 21 00, originating in China, the individual ceiling was fixed at ECU 342 000; whereas, on 10 July 1991, imports of these products into the Community, originating in China reached the ceiling in question after being charged thereagainst; whereas, it is appropriate to re-establish the levying of customs duties in respect of the products in question against China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 28 July 1991 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3831/90, shall be re-established on imports into the Community and originating in China:
Order No CN code Description 10.0165 ex 2914 21 00 Synthetic camphor
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1991. | [
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Commission Regulation (EC) No 595/2004
of 30 March 2004
laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector(1), and in particular Article 24 thereof,
Whereas:
(1) The scheme for a levy in the milk and milk products sector has been extended in accordance with Regulation (EC) No 1788/2003 for a further 11 consecutive 12-month periods from 1 April 2004. Detailed rules should be laid down to take account of the new provisions of that Regulation. Those detailed rules should also incorporate, to a great extent, provisions of Commission Regulation (EC) No 1392/2001 of 9 July 2001 laying down detailed rules for applying Council Regulation (EEC) No 3950/92 establishing an additional levy on milk and milk products(2). Regulation (EC) No 1392/2001 should therefore be repealed.
(2) Rules should be laid down making it possible to divide the national quantities between deliveries and direct sales for each Member State. To that end, the new definitions of "deliveries" and "direct sales" in Article 5(f) and (g) of Regulation (EC) No 1788/2003 should be taken into consideration by the Member States, which should inform the producers affected by those new definitions.
(3) This Regulation should also specify the additional factors necessary for the final calculation of the levy payable for deliveries and that for direct sales, the measures to ensure payment of the levy in good time by the Member State to the European Agricultural Guidance and Guarantee Fund (EAGGF) Guarantee Section, and lastly, the rules on checks to ensure that contributions to the payment of the levy have been correctly collected.
(4) The way the fat content of milk is to be taken into account when drawing up the definitive statement of quantities delivered should be specified. Special provisions are needed to cover cases where the reference quantity for deliveries is amended or where reference quantities are allocated from the national reserve.
(5) As Regulation (EC) No 1788/2003 has fixed the reference fat content rates for each Member State, rules for adjusting the individual reference rates whenever necessary should be laid down.
(6) It is vital, on the one hand, to check that the data communicated by purchasers and producers are accurate and, on the other hand, to ensure that the burden of the levy actually falls on the producers responsible for the overrun of the national reference quantities. To that end, Member States should play a greater role in the controls and penalties they are required to introduce to ensure that contributions to the payment of the levy are collected correctly. In particular, Member States should draw up a national control plan for each 12-month period on the basis of risk analysis and should carry out controls at farm level, at transport level and at purchaser level with the aim to combat possible irregularities and frauds. It is also necessary to specify the deadlines and number of checks needed to allow verification within a given time limit that the arrangements have been complied with by all the parties involved. Penalties are also needed where those basic requirements are not met.
(7) It is also necessary for Member States to approve the purchasers operating in their territory and for detailed rules to be laid down for cases where purchasers fail to comply with this Regulation.
(8) Communications to the Commission play an important part in the administration of the scheme and should therefore be increased. In particular, communications on the division between deliveries and direct sales and replies to an annual questionnaire are essential for the Commission's administration of the scheme. Compliance with the dates laid down is also a factor promoting its effective management. It is also appropriate for the Commission to be informed in detail of implementation at national level so as to have a better knowledge of the various systems used in the Member States.
(9) This Regulation should apply from the same date as Regulation (EC) No 1788/2003.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
CHAPTER I GENERAL PROVISIONS
Article 1
Scope
This Regulation lays down detailed rules for applying Regulation (EC) No 1788/2003 as regards the division of national reference quantities between deliveries and direct sales, the calculation and payment of the levy, control measures and communications from the Member States.
Article 2
Division of national reference quantities between deliveries and direct sales
Each year, after the receipt of the communications referred to in Article 21, the Commission shall divide the national reference quantity laid down for each Member State in Annex I of Regulation (EC) No 1788/2003 between deliveries and direct sales in accordance with Article 1(2) of that Regulation.
The division shall be published in the Official Journal of the European Union.
Article 3
Conversions
Conversions referred to in Article 6(2) of Regulation (EC) No 1788/2003 may be temporary or definitive.
Temporary conversions of individual reference quantities are conversions where, for a specific 12-month period, the producer requests to convert a quantity of milk from one reference quantity to the other.
Definitive conversions are conversions where, for a 12-month period and for the subsequent 12-month periods, the producer requests to convert a quantity of milk from one reference quantity to the other.
Article 4
Information about new definitions of deliveries and direct sales
1. Member States shall inform the producers concerned of the new definitions of the terms "deliveries" and "direct sales" as introduced by Article 5(f) and (g) of Regulation (EC) No 1788/2003.
2. A definitive conversion from one reference quantity to the other by reason of the definitions referred to in paragraph 1 shall be done on the request of the producer in accordance with Article 6(2) of Regulation No 1788/2003.
Article 5
Communication of individual reference quantities
Member States shall notify to the producers each new allocation or modification of their individual reference quantity by the means they consider the most appropriate, provided that it ensures that the producers have an effective knowledge of the reference quantity allocated.
CHAPTER II CALCULATION OF THE LEVY
SECTION 1 GENERAL RULES
Article 6
Method for the calculation of the levy
Milk or milk products marketed within the meaning of Article 5(h) of Regulation (EC) No 1788/2003 shall be taken into account for calculating the levy at the moment they leave any holding on the territory of the Member State or are used at the holding for commercial purposes.
Where milk or milk products leave the holding for the purpose of destruction in application of sanitary measures pursuant to a decision of the competent authority of the Member State, the quantities concerned shall not be taken into account as deliveries or direct sales.
Milk which leaves the holding for treatment or processing under contract shall be deemed deliveries.
Article 7
Amendments to the individual reference fat content
1. Where additional reference quantities are allocated from the national reserve, the reference fat content referred to in Article 9 of Regulation (EC) No 1788/2003 shall remain unchanged.
2. Where the reference quantity for deliveries is increased or established on the basis of conversions under Article 6(2) of Regulation No 1788/2003, the reference fat content associated with the reference quantity converted into deliveries shall be 3,8 %.
However, the reference fat content of the reference quantity for deliveries shall remain unchanged if the producer provides justification therefore to the satisfaction of the competent authority.
3. In cases referred to in Articles 16, 17 and 18(1)(d), (e) and (f) of Regulation (EC) No 1788/2003, the reference fat content shall be transferred together with the reference quantity with which it is associated.
4. In cases referred to in Article 18(1)(b) and (c) of Regulation (EC) No 1788/2003, the overall reference fat content of the reference quantities allocated or transferred shall not be increased in relation to that of the quantities released. Without prejudice to Article 6(5) of Regulation No 1788/2003, the quantity of milk available for reallocation or transfer may be recalculated at a given reference fat content or, conversely, the reference fat content may be recalculated at a given available quantity of milk.
5. In the cases referred to in the first subparagraph of paragraph 2 and in paragraphs 3 and 4, the resulting reference fat content shall be equal to the average of the initial and transferred or converted reference rates, weighted by the initial and transferred or converted reference quantities.
6. In the case of producers whose entire reference quantity comes from the national reserve and who commenced production after 1 April 2004, the reference fat content shall be equal to the national reference fat content laid down in Annex II to Regulation (EC) No 1788/2003.
SECTION 2 DELIVERIES
Article 8
Statement of deliveries
1. At the end of each 12-month period, purchasers shall draw up a statement for each producer showing at least the quantity and fat content of the milk delivered by the latter during that period.
In the case of leap years, the quantity of milk shall be reduced by 1/60 of the quantities delivered in February and March.
2. Before 15 May each year, purchasers shall forward to the competent authority of the Member State a declaration summarising the statements referred to in paragraph 1, showing at least the total quantity and the average fat content of the milk delivered to them and, where so required by decision of the Member State, for each producer, the reference quantity and the representative fat content, the quantity corrected in accordance with Article 10(1), the sum of the individual reference quantities and the corrected quantities and the average fat content of those producers' production.
Where applicable, purchasers shall declare that they have received no deliveries during the period concerned.
3. The Member State shall require purchasers who fail to comply with the time limit referred to in paragraph 2 to pay an amount equal to the levy due for a 0,01 % overrun of the quantities of milk delivered to them by producers for each calendar day of delay. Where those quantities are not known because no declaration has been made, they shall be estimated by the competent authority. That amount may not be less than EUR 100 nor more than EUR 100000.
4. Where no declaration is submitted before 1 July, Member States shall either withdraw approval or require payment of an amount in proportion to the volume of milk involved and the seriousness of the irregularity.
The first subparagraph shall apply 30 days after the Member State has served notice.
Paragraph 3 shall continue to apply during the period of notice.
5. The penalties referred to in paragraphs 3 and 4 shall not be imposed where the Member State recognises a case of force majeure or establishes that the irregularity was not committed deliberately or as a result of serious negligence, or where the irregularity is negligible in terms of the functioning of the scheme or the effectiveness of the checks.
Article 9
Adjustment of individual reference fat content
1. For the application of Article 9(5) of Regulation (EC) No 1788/2003, Member States shall record before 1 July each year of any overrun of the national reference fat content for the 12-month period ending 31 March of that year.
2. The individual reference fat content shall be adjusted by the same coefficient for all producers so that for each Member State the weighted average of the individual representative fat contents does not exceed by more than 0,1 gram per kg the reference fat content set in Annex II to Regulation (EC) No 1788/2003. The adjustment shall be notified to producers before 1 August and shall apply from the 12-month period starting 1 April of that year.
Article 10
Comparisons of the reference and real fat content
1. In order to enable each producer to draw up the statement referred to in Article 8(1) of this Regulation and pursuant to Article 10(1) of Regulation (EC) No 1788/2003, the average fat content of the milk delivered by the producer shall be compared with the producer's reference fat content referred to in Article 9(1) of that Regulation.
If a positive difference is found, the quantity of milk delivered shall be increased by 0,18 % per 0,1 gram of additional fat per kilogram of milk.
If a negative difference is found, the quantity of milk delivered shall be decreased by 0,18 % per 0,1 gram of fat less per kilogram of milk.
Where the quantity of milk delivered is expressed in litres, the 0,18 % adjustment per 0,1 gram of fat content shall be multiplied by the coefficient 0,971.
2. The Member States shall establish the adjustment of deliveries at national level in accordance with Article 10(2) of Regulation (EC) No 1788/2003.
SECTION 3 DIRECT SALES
Article 11
Declarations of direct sales
1. At the end of each 12-month period, each producer shall make a declaration summarising by product any of his direct sales.
In the case of leap years, the quantity of milk or milk equivalent shall be reduced by 1/60 of the quantities sold in February and March or by 1/366 of the quantities sold in the 12-month period concerned.
2. Before 15 May each year, producers shall forward the declaration provided for in paragraph 1 to the competent authority of the Member State.
The Member State may require producers with reference quantities for direct sales to declare that they have not sold or transferred any milk or other milk products during the period concerned, where such is the case.
3. Member States shall require producers who fail to comply with the time limit referred to in paragraph 2 to pay an amount equal to the levy due for a 0,01 % overrun of their reference quantity for direct sales for each calendar day of delay. However, that amount may not be less than EUR 100 nor more than EUR 1000.
Where the national reference quantity for direct sales has also been overrun, producers who have overrun their reference quantity shall also be required to pay a contribution to the levy calculated on the full overrun of their reference quantity and may not benefit from any reallocation of unused reference quantities as provided for in Article 12(1) of Regulation (EC) No 1788/2003.
Where producers submit incorrect declarations, the Member State shall require them to pay an amount in proportion to the quantity of milk concerned and the seriousness of the irregularity, up to a maximum amount equal to the theoretical levy applicable to the quantity of milk resulting once the correction is applied, multiplied by 1,5.
4. Where no declaration is submitted before 1 July, the reference quantity for direct sales of the producer concerned shall revert to the national reserve 30 days after the Member State has served notice. The first subparagraph of paragraph 3 of this Article shall continue to apply during the period of notice.
5. Penalties referred to in paragraphs 3 and 4 shall not be imposed where the Member State recognises a case of force majeure or establishes that the irregularity was not committed deliberately or as a result of serious negligence, or where the irregularity is negligible in terms of the functioning of the scheme or the effectiveness of the checks.
Article 12
Equivalences
1. For products marketed other than milk, the Member States shall establish the quantities of milk used for processing. To that end, the equivalence formulae to be used shall be:
(a) 1 kg cream = 0,263 kg milk × % fat content of cream, expressed as mass;
(b) 1 kg butter = 22,5 kg milk.
In the case of cheese and all other milk products, Member States shall determine equivalences using, in particular, the dry-matter content and the fat content of the types of cheese or products concerned.
If the producer can provide proof to the satisfaction of the competent authority of the quantities actually used for processing of the products concerned, the Member State can use such proof in place of the equivalences referred to in the first and second subparagraphs.
2. If it proves difficult to determine the quantities of milk used for processing on the basis of the products marketed, the Member States may fix the quantities of milk equivalent on a flat-rate basis by reference to the number of dairy cows held by the producer and an average milk yield per cow representative of the herd.
CHAPTER III PAYMENT OF THE LEVY
Article 13
Notification of the levy
1. In the case of deliveries, the competent authority shall notify or confirm to purchasers the contributions to the levy payable by them after reallocating, or not, by decision of the Member State, all or part of the unused reference quantities either directly to the producers concerned or, as the case may be, to purchasers with a view to their subsequent allocation among the producers concerned.
2. In the case of direct sales, the competent authority shall notify to producers the contributions to the levy payable by them after reallocating, or not, by decision of the Member State, all or part of the unused reference quantities directly to the producers concerned.
3. No reallocation shall be made at national level of unused quantities between delivery and direct sales reference quantities.
Article 14
Exchange rates
The operative event for the conversion rate for the payment of the levy for a given period shall be 31 March of the period concerned.
Article 15
Time limit for payment
1. Before 1 September each year, purchasers and, in the case of direct sales, producers liable for the levy shall pay the competent authority the amount due in accordance with rules laid down by the Member State.
2. Where the time limit for payment referred to in paragraph 1 is not complied with, the sums due shall bear interest annually at the three-month reference rates applicable on 1 September each year, as referred to in Annex II, plus one percentage point.
The interest shall be paid to the Member State.
3. The Member States shall declare to the European Agricultural Guidance and Guarantee Fund (EAGGF) the amounts resulting from the application of Article 3 of Regulation (EC) No 1788/2003 together with the expenditure declared in respect of September each year at the latest.
4. Where the set of documents referred to in Article 3(5) of Commission Regulation (EC) No 296/96(3) shows that the time limit referred to in paragraph 3 of this Article has not been met, the Commission shall reduce advances on entry in the accounts of agricultural expenditure in proportion to the amount due or an estimate thereof, in accordance with Article 3(2) of Regulation No 1788/2003.
Article 16
Criteria for redistributing the excess levy
1. Where appropriate, Member States shall determine the priority categories of producers referred to in Article 13(1)(b) of Regulation (EC) No 1788/2003, on the basis of one or more of the following objective criteria, in order of priority:
(a) formal acknowledgement by the competent authority of the Member State that all or part of the levy has been wrongly charged;
(b) the geographical location of the holding, and primarily mountain areas within the meaning of Article 18 of Council Regulation (EC) No 1257/1999(4);
(c) the maximum stocking density on the holding for the purposes of extensive livestock production;
(d) the percentage by which the individual reference quantity is exceeded;
(e) the producer's reference quantity.
2. Where the excess levy, referred to in Article 13(1) of Regulation (EC) No 1788/2003, available for a given period, is not used up after redistribution in accordance with the criteria set out in paragraph 1 of this Article, the Member State shall adopt other objective criteria after consulting the Commission.
The redistribution of the excess levy shall be completed 15 months after the end of the 12-month period in question at the latest.
Article 17
Charge of the levy
Member States shall take all the measures necessary to ensure that the levy is correctly charged and that it falls on the producers who contributed to the overrun.
CHAPTER IV CONTROLS BY THE MEMBER STATES AND OBLIGATIONS OF PURCHASERS AND PRODUCERS
SECTION 1 CONTROLS
Article 18
National control measures
Member States shall take all the control measures in order to ensure that this Regulation is complied with and in particular the measures referred to in Articles 19 to 22.
Article 19
Control plan
1. Member States shall draw up a general control plan for each 12-month period on the basis of risk analysis. This control plan shall include at least:
(a) the criteria adopted for drawing up the plan;
(b) the purchasers and producers selected;
(c) on-the-spot checks to be executed regarding the 12-month period;
(d) the controls of transport between producers and purchasers;
(e) the controls of the yearly declarations of producers or purchasers.
Member States may decide to update the general control plan by more detailed periodic plans.
The representativeness of the operators active in the milk sector shall be taken into consideration as regards the risk analysis as well as seasonality of production for the timing of the controls.
2. Controls shall be carried out partly during the 12-month period in question, partly after the 12-month period on the basis of the yearly declarations.
3. Controls shall be deemed to be completed once an inspection report of the controls is available.
All inspection reports shall be completed no later than 18 months after the end of the 12-month period concerned.
However where the controls as foreseen in Article 20 are combined with other controls, the time limits laid down for other controls and the establishment of the respective inspection reports have to be respected.
Article 20
On-the spot-checks
On-the-spot checks shall be unannounced. However, provided that the purpose of the control is not jeopardised, advance notice limited to the strict minimum necessary may be given.
Where appropriate, on-the-spot checks provided for in this Regulation, as well as any other checks provided for in Community rules, shall be carried out at the same time.
Article 21
Controls on deliveries and direct sales
1. As regards deliveries, controls shall be executed at farm level, during transport of the milk and at purchaser level. At all stages Member States shall physically check by means of on-the-spot checks the accuracy of registration and accounting of the milk marketed and in particular:
(a) at farm level, the status of producer within the meaning of Article 5(c) of Regulation (EC) No 1788/2003 as well as the compatibility between deliveries and production capacity;
(b) at transport level, the document referred to in Article 24(4) of this Regulation, the accuracy of the instruments for measuring milk volume and quality, the accuracy of the collection method, including possible intermediate collection points, the accuracy of quantity of collected milk at unloading;
(c) at purchaser level, the accuracy of declarations referred to in Article 8 of this Regulation, in particular by cross-checks to documents referred to in Article 24(2) to (5) of this Regulation as well as the credibility of the records of stocks and deliveries referred to in Article 24(2) and (3) of this Regulation in the light of the commercial documents and other documents showing how the milk collected has been used.
2. As regards direct sales, controls shall cover in particular:
(a) at farm level, the status of producer within the meaning of Article 5(c) of Regulation (EC) No 1788/2003 as well as the compatibility between direct sales and production capacity;
(b) the accuracy of the declaration referred to in Article 11(1) of this Regulation, in particular by means of documents referred to in Article 24(6) of this Regulation.
Article 22
Intensity of controls
1. The controls referred to in Article 21(1) shall cover at least:
(a) 1 % of producers for the 12-month period 2004/05, 2 % of producers for the following 12-month periods;
(b) 40 % of the quantity of milk declared before correction for the period concerned;
(c) a representative sample of transport of milk between selected producers and purchasers.
The transport controls referred to in point (c) shall be carried out in particular at unloading at the dairies.
2. Controls referred to in Article 21(2) shall cover at least 5 % of producers.
3. Each purchaser shall be controlled at least once in five years.
SECTION 2 OBLIGATIONS
Article 23
Approval of purchasers
1. To be able to buy milk from producers and to operate in the territory of a Member State, purchasers must be approved by that Member State.
2. Without prejudice to stricter rules laid down by the Member State concerned, purchasers shall be approved only where they:
(a) provide proof of their status as dealers under national provisions;
(b) have premises in the Member State concerned where the stock records, registers and other documents referred to in Article 24(2) may be consulted by the competent authority;
(c) undertake to keep up to date the stock records, registers and other documents referred to in Article 24(2);
(d) undertake to forward the statements and declarations provided for in Article 8(2) to the competent authority of the Member State concerned at least once a year.
3. Without prejudice to the penalties laid down by the Member State concerned, approval shall be withdrawn where the conditions laid down in paragraph 2(a) and (b) are no longer met.
Where it is found that a purchaser has forwarded an incorrect statement or declaration, or has failed to comply with the undertaking referred to in paragraph 2(c) or has repeatedly failed to comply with any other obligation imposed under Regulation (EC) No 1788/2003, this Regulation or the relevant national rules, the Member State shall either withdraw approval or require payment of an amount in proportion to the volume of milk involved and the seriousness of the irregularity.
4. Approval may be reinstated at the request of the purchaser after a period of at least six months, provided that a further thorough inspection gives satisfactory results.
The penalties referred to in paragraph 3 shall not be imposed where the Member State recognises a case of force majeure or establishes that the irregularity was not committed deliberately or as a result of serious negligence, or where the irregularity is negligible in terms of the functioning of the scheme or the effectiveness of the checks.
Article 24
Obligations of purchasers and producers
1. Producers shall ensure that purchasers to whom they deliver are approved. The Member States shall lay down penalties where deliveries are made to non-approved purchasers.
2. Purchasers shall keep available for the competent authority of the Member State, for at least three years from the end of the year in which the documents are drawn up, stock records per 12-month period with details of the name and address of each producer, the information referred to in Article 8(2), entered every month or four-week period in the case of quantities delivered and annually in the case of the other data, together with the commercial documents, correspondence and other information referred to in Council Regulation (EEC) No 4045/89(5), permitting such stock records to be verified.
3. Purchasers shall be responsible for recording all quantities of milk delivered to them. To that end, they shall keep available for the competent authority, for at least three years from the end of the year in which the documents are drawn up, the list of purchasers and undertakings treating or processing milk supplying them with milk and, for each month, the quantities delivered by each supplier.
4. On collection at holdings, milk shall be accompanied by a document identifying the delivery. In addition, purchasers shall keep a record of each individual delivery for at least three years from the end of the year in which the record is drawn up.
5. Producers making deliveries shall keep available for the competent authority of the Member State, for at least three years from the end of the year in which the documents are drawn up, the documents regarding the quantities of milk delivered to the purchasers. The producer in question shall also keep available for the competent authority the registers of livestock held on holdings and used for milk production, in accordance with Article 7 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council(6).
6. Producers making direct sales shall keep available for the competent authority of the Member State, for at least three years from the end of the year in which the documents are drawn up, stock records drawn up by 12-month period and giving details, per month and per product, of any sale or transfer of milk or milk products as well as of products which have been produced but not sold or transferred.
They shall also keep available for the competent authority the registers of livestock held on holdings and used for milk production, in accordance with Article 7 of Regulation (EC) No 1760/2000, and supporting documents enabling such stock records to be verified.
CHAPTER V COMMUNICATIONS
Article 25
Communications for the division between deliveries and direct sales
1. Before 1 July 2004, the Member States shall notify to the Commission the division between deliveries and direct sales of individual reference quantities resulting from the application of Article 6(1) of Regulation (EC) No 1788/2003, converted if necessary in accordance with Article 4(2) of this Regulation.
2. Before 1 February each year, in accordance with Article 8(2)(a) of Regulation (EC) No 1788/2003, the Member States shall notify the quantities which have been definitively converted at the request of the producers between individual reference quantities for deliveries and for direct sales.
Article 26
Questionnaire
1. Before 1 September each year the Member States shall communicate to the Commission the questionnaire set out in Annex I, duly completed pursuant to Article 8(2)(b) of Regulation (EC) No 1788/2003.
Portugal shall complete the questionnaire providing additional information in order to distinguish calculation of the levy between mainland and Azores pursuant to Council Regulation (EC) No 1453/2001(7).
2. Where the requirements of paragraph 1 are not met, the Commission shall withhold a flat-rate amount, in accordance with Article 14 of Council Regulation (EC) No 2040/2000(8), from advances on the entry in the accounts of the agricultural expenditure of the Member States. That amount shall be equal to the levy payable for a theoretical overrun of the overall reference quantity concerned calculated as follows:
(a) where the questionnaire is not forwarded by 1 September or if data essential for calculating the levy are missing, the percentage of the theoretical overrun shall be 0,005 % for each week of delay;
(b) if a discrepancy of more than 10 % is found between the sum of the quantities delivered or sold directly, as notified in the updates provided for in paragraph 3 of this Article, and those given in the initial response to the questionnaire, the percentage of the theoretical overrun shall be 0,05 %.
3. Where the information required by the questionnaire changes, in particular as a result of the checks provided for in Articles 18 to 21, the Member State concerned shall communicate an update of the questionnaire to the Commission before 1 December, 1 March, 1 June and 1 September each year.
Article 27
Other communications
1. Member States shall notify to the Commission measures adopted to apply Regulation (EC) No 1788/2003 and this Regulation, and any amendments thereto, within one month following their adoption. In case of measures adopted pursuant to Articles 16, 17 and 18 of Regulation (EC) No 1788/2003 or pursuant to Article 7 of this Regulation, an explanation of the measures adopted and of their aim shall be joint to the notification.
2. Member States shall notify to the Commission the method(s) used for the purposes of this Regulation to measure mass or, where applicable, to convert volume into mass, the reasoning behind the coefficients selected, and the exact circumstances in which they apply, together with any subsequent amendments thereto.
3. Before 1 September 2004, Member States shall notify to the Commission a short report on the system for administering their national references quantities, and before 1 September of each following year, in case of changes to that system, an update of that report.
The report shall comprise a description of the current situation, in particular as regards the measures adopted in case of temporary transfers, transfers with land, other specific transfer measures, the use of the re-allocation of unused quantities and the recourse to the national reserve.
CHAPTER VI FINAL PROVISIONS
Article 28
Repeal
Regulation (EC) No 1392/2001 is repealed.
However, it shall continue to apply in respect of the period 2003/04, and, where necessary, previous periods unless otherwise provided by Council Regulation (EC) No 1788/2003.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 29
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 March 2004. | [
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COUNCIL DIRECTIVE of 28 February 1984 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (United Kingdom) (84/169/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Directive 82/786/EEC (2), and in particular Article 2 (2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (3),
Whereas Directive 75/276/EEC (4) indicates which areas in the United Kingdom are included in the Community list of less-favoured areas within the meaning of Article 3 (4) of Directive 75/268/EEC;
Whereas, pursuant to Article 2 (1) of Directive 75/268/EEC, the Government of the United Kingdom has requested an extension, via a redefinition, of its less-favoured areas ; whereas Directive 75/276/EEC should therefore be replaced by this Directive;
Whereas, pursuant to Article 2 (1) of Directive 75/268/EEC, the Government of the United Kingdom has informed the Commission that it wishes six areas to be included in the Community list of less-favoured farming areas and has supplied information concerning the characteristics of the areas in question;
Whereas the following criteria of the presence of infertile land as referred to in Article 3 (4) (a) of Directive 75/268/EEC were used to determine each of the zones in question : grassland accounting for more than 70 % of the total utilized agricultural area, a stocking rate of less than one livestock unit per forage hectare and farm rents not exceeding 65 % of the national average;
Whereas the concept of economic results of farming appreciably below average, as referred to in Article 3 (4) (b) of Directive 75/268/EEC, was adopted in terms of a labour income per man-work unit not exceeding 80 % of the national average;
Whereas low population density, as referred to in Article 3 (4) (c) of Directive 75/268/EEC, was defined as not more than 55 inhabitants per square kilometre, excluding the population of urban and industrial centres (the national and Community averages being 229 and 163 inhabitants per square kilometre respectively) ; whereas, excluding the urban and industrial centres, the minimum percentage of the total working population engaged in agriculture is 30 %;
Whereas for defining the areas affected by specific handicaps that may be classified as less-favoured areas as referred to in Article 3 (5) of Directive 75/268/EEC, the criterion was the existence of both adverse natural production conditions (steep slopes, very strong winds, poor drainage) and handicaps resulting from the geographical situation (island location) ; whereas, moreover, the extent of the less-favoured areas in question does not exceed 2,5 % of the Member State's area;
Whereas the type and level of the abovementioned criteria used by the Government of the United Kingdom to determine the areas communicated to the Commission comply with the characteristics of less-favoured farming areas referred to in Article 3 (4) and (5) of Directive 75/268/EEC, (1) OJ No L 128, 19.5.1975, p. 1. (2) OJ No L 327, 24.11.1982, p. 19. (3) OJ No C 307, 14.11.1983, p. 103. (4) OJ No L 128, 19.5.1975, p. 231.
HAS ADOPTED THIS DIRECTIVE:
Article 1
The areas of the territory of the United Kingdom listed in the Annex shall be included in the Community list of less-favoured farming areas within the meaning of Article 3 (4) and (5) of Directive 75/268/EEC.
Article 2
Directive 75/276/EEC is hereby repealed.
Article 3
This Directive is addressed to the United Kingdom.
Done at Brussels, 28 February 1984. | [
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*****
COMMISSION REGULATION (EEC) No 2824/88
of 13 September 1988
laying down certain detailed rules for the application of the system of maximum guaranteed quantities in the tobacco sector and amending Regulations (EEC) No 1076/78 and (EEC) No 1726/70
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EEC) No 2267/88 (2), and in particular Articles 3 (3), 4 (5) and 15 thereof,
Whereas Regulation (EEC) No 727/70 now includes a system of maximum guaranteed quantities; whereas that system provides in particular that where the quantities fixed for a variety or a group of varieties are exceeded, the relevant prices and premiums must be reduced pursuant to Article 4 (5) of that Regulation; whereas the detailed rules for the application of that system must be laid down, in particular as regards the determination of the quantity actually produced during a given harvest, the calculation of any reduction in prices and premiums, the granting of the advance and the payment of prices and premiums before determination of actual production;
Whereas the determination of the quantity actually produced must take place before 31 July of the year following that of harvest; whereas, to enable the Commission to have data on production at its disposal in good time, the timetable for the notification of data by the Member States should be revised; whereas Commission Regulation (EEC) No 1076/78 (3) should be amended accordingly;
Whereas pursuant to Article 2b (5) of Commission Regulation (EEC) No 1726/70 (4), as last amended by Regulation (EEC) No 1791/86 (5), the cultivation contract must indicate in particular the purchasing price; whereas that purchasing price must take account of the norm and intervention prices; whereas, however, the norm and intervention prices may be adjusted by the application of the provisions on the maximum guaranteed quantities; whereas, in that case, the purchasing price must be adjusted;
Whereas the Management Committee for Tobacco has not delivered an opinion within the time limit laid down by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
On the basis of the data notified by the Member States or of other sources of information, the Commission shall, in accordance with the procedure laid down in Article 17 of Regulation (EEC) No 727/70, determine, for each harvest before 31 July of the year following that of harvest and for each of the varieties or groups of varieties of tobacco for which a maximum guaranteed quantity has been fixed, the quantity actually produced.
Article 2
1. Where the maximum guaranteed quantity for a variety or a group of varieties is exceeded, a reduction of 1 % of the intervention price and the related premiums shall be applied for each 1 % by which the maximum guaranteed quantity is exceeded.
However, the reductions may not exceed 5 % for the 1988 harvest and 15 % for the 1989 and 1990 harvests.
2. For the purposes of calculating the derived intervention price, the reduction shall not apply to the costs referred to in Article 6 (2) of Regulation (EEC) No 727/70.
3. The norm price shall be corrected by an amount equal to the reduction in the premium.
4. Where the preceding paragraphs are applied, the Commission shall determine, at the same time as actual production, the prices and premiums to be paid for the harvest concerned.
Article 3
1. Until actual production has been determined as provided for in Article 1, not more than 95 % of the amounts fixed for the intervention prices and premiums for the 1988 harvest and not more than 85 % of the corresponding amounts for the 1989 and 1990 harvests may be paid. However, at the discretion of the Member State, 100 % of those prices and premiums may be paid if a security equal to 5 % is lodged for the 1988 harvest and 15 % for the 1989 and 1990 harvests.
2. Any balance shall be paid and the security shall be released or forfeited after actual production is determined in accordance with Article 1. Where appropriate, the second paragraph of Article 4 shall apply.
Article 4
Where an advance is applied for pursuant to Article 7 (2) of Regulation (EEC) No 1726/70, if the actual production for a variety or group of varieties, at the discretion of the Member State, has not yet been determined:
- in the case referred to in Article 7 (2) (a) of Regulation (EEC) No 1726/70, the security shall be increased by 5 % or the advance shall be reduced by 5 % for the 1988 harvest; for the 1989 and 1990 harvests, the percentage shall be equal to 15 %,
- in the case referred to in Article 7 (2) (b) of Regulation (EEC) No 1726/70, a security of 5 % of the premium for the 1988 harvest and 15 % for the 1989 and 1990 harvests shall be lodged, or the advance shall be reduced by the abovementioned percentages for those harvests.
After actual production is determined:
- the portion of the security referred to in the first indent of the preceding paragraph and the security referred to in the second indent of that paragraph shall be released,
- the difference between the advances referred to in Article 7 (2) (a) and (b) of Regulation (EEC) No 1726/70 and the amounts actually advanced shall be paid for the whole amount where the maximum guaranteed quantity is not exceeded or for the difference in percentage points between the price and premium reduction ceiling fixed for the harvest concerned and the amount by which the maximum guaranteed quantity is exceeded.
Article 5
The table in point B of the Annex to Regulation (EEC) No 1076/78 is hereby replaced by the table in the Annex hereto.
Article 6
The following subparagraph is added to Article 2b (5) (b) of Regulation (EEC) No 1726/70:
'The norm and intervention prices referred to above shall be those resulting from the application, where appropriate, of Article 4 (5) of Regulation (EEC) No 727/70.'
Article 7
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 September 1988. | [
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COMMISSION DECISION
of 7 March 2006
amending Annexes I and II to Decision 2002/308/EC establishing lists of approved zones and approved farms with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN)
(notified under document number C(2006) 683)
(Text with EEA relevance)
(2006/214/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 Articles 5 and 6 thereof,
Whereas:
(1)
Commission Decision 2002/308/EC (2), establishes the lists of approved zones and approved fish farms situated in non-approved zones with regard to certain fish diseases.
(2)
Italy has submitted justification for obtaining the status of approved zones, with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), for certain zones in its territory. In some of those zones the sampling in accordance with Commission Decision 2001/183/EC of 22 February 2001 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases and repealing Decision 92/532/EEC (3) is impossible, due to the special production cycle of the farms situated in these zones.
(3)
Such production was not provided for when Decision 2001/183/EC was drawn up. However, the documentation provided shows that those zones provide an equivalent animal health status to those in which sampling in accordance with Decision 2001/183/EC has taken place. Hence, the zones meet the requirements of Article 5 of Directive 91/67/EEC. They therefore qualify for the status of approved zones and should be added to the list of approved zones.
(4)
France has submitted justification for obtaining the status of approved zones, with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), for certain zones in its territory. The documentation provided shows that those zones meet the requirements of Article 5 of Directive 91/67/EEC. They therefore qualify for the status of approved zones and should be added to the list of approved zones
(5)
Austria, Germany and Italy have submitted justification for obtaining the status of approved farms in non-approved zones, with regard to VHS and IHN, for certain farms in their territory. The documentation provided shows that those farms meet the requirements of Article 6 of Directive 91/67/EEC. They therefore qualify for the status of approved farms in a non-approved zone and should be added to the list of approved farms.
(6)
Germany has notified the presence of IHN in two farms previously considered free of that disease. However, the farms remain free from VHS. Those farms should therefore no longer appear in Decision 2002/308/EC as free of IHN.
(7)
Decision 2002/308/EC should therefore be amended accordingly.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2002/308/EC is amended as follows:
1.
Annex I is replaced by the text in Annex I to this Decision;
2.
Annex II is replaced by the text in Annex II to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 7 March 2006. | [
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COMMISSION DECISION of 17 February 1994 concerning the financial aid from the Community for the operations of the Community Reference Laboratory for marine biotoxins (Laboratorio del Ministero de Sanidad y Consumo, Vigo, Spain) (Only the Spanish text is authentic) (94/92/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as amended by Commission Decision 93/439/EEC (2), and in particular Article 28 thereof,
Whereas, in accordance with Article 3 of Council Decision 93/383/EEC (3), the 'Laboratorio del Ministero de Sanidad y Consumo', Vigo, Spain, has been nominated as the reference laboratory for marine biotoxins;
Whereas all the functions and duties to be carried out by the reference laboratory have been determined in Article 4 of that Decision;
Whereas, therefore, provisions should be made for Community financial aid to the Community Reference Laboratory to enable it to carry out the functions and duties provided for in that Directive;
Whereas, in the first instance, Community financial aid should be provided for a period of one year; whereas this will be reviewed with view to extention prior to expiry of the initial period;
Whereas in accordance with Article 40 of Council Decision 90/424/EEC, checks provided for in Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 concerning the financing of the common agricultural policy (4), as last amended by Regulation (EEC) No 2048/88 (5), shall apply; whereas certain particular provisions should be made;
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 Community shall provide financial assistance to the reference laboratory provided for at Article 3 of Directive 93/383/EEC up to a maximum of ECU 100 000.
Article 2
1. To meet the objectives of Article 1, the Commission shall conclude a contract, in the name of the European Community, with the reference laboratory.
2. The Director-General of Directorate-General for Agriculture shall be authorized to sign the contract on behalf of the Commission of the European Communities.
3. The contract referred to at paragraph 1 shall have a duration of one year.
4. The financial aid provided for at Article 1 shall be paid to the reference laboratory in accordance with the terms of the contract provided for at paragraph 1.
Article 3
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 17 February 1994. | [
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COMMISSION DECISION of 17 June 1991 approving the programme for the eradication of contagious bovine pleuropneumonia presented by Italy and fixing the level of the Community's financial contribution (Only the Italian text is authentic) (91/348/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 91/133/EEC (2) and in particular Article 24 thereof,
Whereas Commission Decision 91/46/EEC (3) has provided for a financial contribution from the Community under emergency measures for the eradication of outbreaks of contagious bovine pleuropneumonia that occurred in Italy in October 1990; whereas this action was prolonged by Decision 91/57/EEC (4) until the 31 March 1991; whereas in the light of the evolution of the situation the Community financial aid must be in the framework of an eradication programme conforming with Article 24 of Decision 90/424/EEC;
Whereas by letter dated 26 March 1991, Italy has submitted a one year programme for the eradication of contagious bovine pleuropneumonia;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 on laying down Community criteria for the eradication and monitoring of certain animal diseases (5);
Whereas a Community financial contribution will be given provided the above mentioned conditions are fulfilled, and the authorities will provide all necessary information in conformity with Article 24 (8) of Decision 90/424/EEC; whereas it is appropriate to fix the Community financial participation at the rate of 50 % of the costs of testing and those incurred by way of compensation to owners for the slaughter of cattle because of contagious bovine pleuropneumonia;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of contagious bovine pleuropneumonia presented by Italy is hereby approved for a period of one year.
Article 2
Italy shall bring into force by 1 April 1991 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Italy by way of compensation for owners for the slaughter of cattle because of contagious bovine pleuropneumonia.
Article 4
The Community financial contribution shall be granted after the supporting documents have been supplied.
Article 5
This Decision is addressed to the Italian Republic. Done at Brussels, 17 June 1991. | [
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Commission Regulation (EC) No 2155/2003
of 10 December 2003
fixing the export refunds on olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 3(3) thereof,
Whereas:
(1) Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries.
(2) The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72(3), as last amended by Regulation (EEC) No 2962/77(4).
(3) Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community.
(4) In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market.
(5) In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations.
(6) The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary.
(7) The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period.
(8) It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto.
(9) The Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 11 December 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 December 2003. | [
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COUNCIL REGULATION (EEC) No 1898/85
of 8 July 1985
amending, for the seventh time, Regulation (EEC) No 355/79 laying down general rules for the description and presentation of wines and grape musts
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 798/85 (2), and in particular Article 54 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 355/79 (3), as last amended by Regulation (EEC) No 3490/84 (4), lays down general rules for the description and presentation of wines and grape musts;
Whereas the marking of actual alcoholic strength by volume is currently optional and regulated for a transitional period only by Regulation (EEC) No 355/79; whereas Articles 3 (3), 13 (3) and 30 (4) of the said Regulation provide that the Council is to decide by 30 June 1985 at the latest on common arrangements for marking the alcoholic strength by volume of wine to apply after that date; whereas, with a view to coordinating the application of these provisions, amendments to which are currently being reviewed by the Council, the date laid down for a decision by the Council should be postponed,
HAS ADOPTED THIS REGULATION:
Article 1
In the second subparagraph of Article 3 (3), the second subparagraph of Article 13 (3) and the first subparagraph of Article 30 (4) of Regulation (EEC) No 355/79 '30 June 1985' is hereby replaced by '31 August 1987'.
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, 8 July 1985. | [
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COMMISSION DIRECTIVE
of 18 February 1985
adapting to technical progress Council Directive 71/127/EEC on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles
(85/205/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 80/1267/EEC (2) and in particular Article 11 thereof,
Having regard to Council Directive 71/127/EEC of 1 March 1971 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles (3), as amended by Commission Directive 79/795/EEC (4),
Whereas, in the light of the experience gained and the present state of the art, it is now possible not only to amplify certain requirements of Directive 71/127/EEC and bring them more into line with actual test conditions but also to render them more stringent with a view to improving road safety;
Whereas the presence of the passenger-side exterior rear-view mirror on vehicles in categories M1 (cars) and N1 (light vans), although still optional, has made it necessary to modify the design of both the mirror and its holder in order to ensure that, whilst guaranteeing an optimum field of vision, the dimensions of the device are such as to minimize vibrations and drag;
Whereas, in the case of category N3 articulated tractors (heavy goods vehicles), existing provisions have proved inadequate as regards the exterior lateral field of vision to the side and rear of the vehicle and whereas, in order to remedy this shortcoming, it has proved necessary to require the fitting of an additional 'wide-angle' rear-view mirror;
Whereas, in the case of all category N3 vehicles (rigid lorries with or without trailer and articulated tractors), existing provisions have proved inadequate as regards the field of vision in the area adjacent to the side of the cab structure opposite the driver and whereas, in order to remedy this shortcoming, it has proved necessary to require the fitting of a 'close-proximity' rear-view mirror;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the removal of technical barriers to trade in the motor vehicles sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 71/127/EEC is hereby amended as follows:
1. Article 7 is replaced by the following:
'Article 7
1. With effect from 1 October 1985, no Member State may, on grounds relating to rear-view mirrors:
(a) - refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of the vehicles,
if the rear-view mirrors of this type of vehicle or of these vehicles comply with the provisions of this Directive;
(b) - refuse, in respect of a type of rear-view mirror, to grant EEC component type-approval or national type-approval, if these rear-view mirrors comply with the provisions of this Directive, or
- prohibit the placing on the market of rear-view mirrors which bear the EEC component type-approval mark issued in accordance with the requirements of this Directive.
2. With effect from 1 October 1986 a Member State:
(a) - shall not issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the rear-view mirrors do not comply with the provisions of this Directive,
- may refuse to grant national type-approval in respect of a type of vehicle of which the rear-view mirrors do not comply with the provisions of this Directive;
(b) - shall not grant EEC component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive,
- may refuse to grant national component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive.
3. With effect from 1 October 1988, Member States may prohibit the entry into service of vehicles - with the exception of those referred to in item 2.1.3 of Annex III - of which the rear-view mirrors do not comply with the provisions of this Directive.
With effect from 1 October 1992, Member States may prohibit the entry into service of vehicles referred to in item 2.1.3 of Annex III of which the rear-view mirrors do not comply with the provisions of this Directive. They may likewise prohibit the placing on the market of rear-view mirrors which do not bear the component type-approval mark issued in accordance with the requirements of this Directive.'
2. The Annexes are replaced by the Annexes to this Directive.
References to the Annexes in the text of Directive 71/127/EEC are to be understood as references to the corresponding provisions in the Annexes to this Directive, as follows:
- point 2 of Annex I corresponds to Annex II,
- point 2.6 of Annex I corresponds to Appendix 2 to Annex II.
Article 2
Member States shall bring into force the provisions necessary to comply with this Directive not later than 1 October 1985. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 18 February 1985. | [
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COUNCIL REGULATION (EC) No 463/96 of 11 March 1996 amending Regulation (EEC) No 3906/89 with a view to extending economic assistance to the Former Yugoslav Republic of Macedonia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Regulation (EEC) No 3906/89 (3) provides for economic aid to support the process of economic and social reform in a number of Central and East European countries;
Whereas the countries qualifying for such aid are listed in the Annex to the said Regulation;
Whereas the Former Yugoslav Republic of Macedonia was recognized by the United Nations General Assembly under that provisional name on 8 April 1993;
Whereas it is important to help stabilize that country and to support moves towards economic reform and greater democracy;
Whereas the new State should therefore be formally included in the list of eligible countries under Regulation (EEC) No 3906/89,
HAS ADOPTED THIS REGULATION:
Article 1
The following country is hereby inserted into the Annex to Regulation (EEC) No 3906/89: 'the Former Yugoslav Republic of Macedonia`.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 March 1996. | [
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COMMISSION DIRECTIVE 92/1/EEC of 13 January 1992 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foods intended for human consumption (1), and in particular Article 11 thereof,
Whereas the legal provisions must, in this case, be restricted solely to the requirements that are necessary in order to meet essential and imperative needs regarding the monitoring of temperatures in means of transport, warehousing and storage in such a way as to ensure that the temperatures required by Article 5 of Directive 89/108/EEC are fully maintained;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns the monitoring of temperatures in the means of transport, warehousing and storage for quick-frozen foods.
Article 2
1. The means of transport, warehousing and storage must be fitted with suitable recording instruments to monitor, at frequent and regular intervals, the air temperatures to which quick-frozen foods intended for human consumption are subjected.
In the case of transport, the measuring instruments must be approved by the competent authorities of the country in which means of transport is registered.
Temperature recordings obtained in this manner must be dated and stored by the operator for at least one year or longer according to the nature of food.
2. The air temperature during storage in retail display cabinets, and in the course of local distribution, shall be measured by at least one easily visible thermometer which, in the case of open retail display cabinets, shall indicate the temperature at the air return side at the level of the clearly marked maximum load line.
3. Member States may permit a derogation from paragraph 1 in the case of cold chambers of less than 10 cubic metres for storing stock in retail outlets, so as to permit the air temperature to be measured by an easily visible thermometer.
Article 3
Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive by 31 July 1993, except for railways for which the date of implementation will be decided later.
They shall immediately inform the Commission thereof.
When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 4
This Directive is addressed to the Member States. Done at Brussels, 13 January 1992. | [
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COUNCIL REGULATION (EC) No 1584/96 of 30 July 1996 amending Regulation (EC) No 1554/95 laying down the general rules for the system of aid for cotton
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Greece, and in particular Protocol 4 on cotton, as last amended by Regulation (EC) No 1553/95 (1),
Having regard to the proposal from the Commission (2),
Whereas the second subparagraph of Article 5 (2) of Regulation (EC) No 1554/95 (3) provides in particular for the possibility of lodging an application for aid before the application for supervised storage; whereas use of this provision has caused distortions of competition between operators; whereas, therefore, the provision should be withdrawn;
Whereas Article 5 (3) of Regulation (EC) No 1554/95 provides in particular that aid may be paid in advance from 16 October following the start of the marketing year in which the unginned cotton enters the cotton-ginning undertaking; whereas the level of this advance, which is a set percentage of the guide price, is based on both the estimated production of unginned cotton and the likely amount of the aid; whereas, as a result, the level of the advance does not fluctuate during the marketing year in line with the world-market price; whereas, consequently, a drop in the world price causing an increase in the aid widens the gap between the level of the aid and the level of the advance to the detriment of operators; whereas such a situation is also likely to disturb commercial dealings between producers and ginning undertakings; whereas, to offset these disadvantages, it is proposed that advances be equal to the guide price minus the world price and reduced further by an amount determined by reference to the likely level of the aid, provided that the latter is set so as to include an adequate safety margin,
HAS ADOPTED THIS REGULATION:
Article 1
Article 5 of Regulation (EC) No 1554/95 is hereby amended as follows:
1. Paragraph 2 shall be replaced by the following:
'2. The amount of the aid to be paid shall be the amount applicable on the day the application for aid is made.`.
2. Paragraph 3 shall be replaced by the following:
'3. Entitlement to the aid shall be acquired when the cotton is ginned. However, aid may be paid in advance from 16 October following the start of the marketing year when the unginned cotton enters the cotton-ginning undertaking, provided that an adequate security has been lodged. The level of the advance shall be equal to the guide price minus the world price and reduced further by an amount calculated using the method provided for in Article 6, but replacing actual production by the estimated production of unginned cotton plus 15 %. Any aid balance outstanding shall be paid once the actual quantity produced has been determined and any adjustments to the aid as referred to in Article 2 (3) and (4) of Council Regulation (EEC) No 1964/87 (*). It shall be paid before the end of the marketing year, at the latest.
(*) OJ No L 184, 3. 7. 1987, p. 14. Regulation as last amended by Regulation (EC) No 1553/95 (OJ No L 148, 30. 6. 1995, p. 45).`.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply from the 1996/97 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 1996. | [
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COMMISSION DECISION
of 17 January 2005
on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community
(notified under document number C(2005) 34)
(Text with EEA relevance)
(2005/50/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,
Whereas:
(1)
The Commission communication to the Council and the European Parliament of 2 June 2003 on ‘European Road Safety Action Programme - Halving the number of road accident victims in the European Union by 2010: a shared responsibility’ (2) sets out a coherent approach to road safety in the European Union. Furthermore, in its communication to the Council and the European Parliament of 15 September 2003, entitled ‘Information and communications technologies for safe and intelligent vehicles’ (3), the Commission announced its intention to improve road safety in Europe, to be known as the eSafety initiative, by using new information and communications technologies and intelligent road safety systems, such as automotive short-range radar equipment. On 5 December 2003 in its conclusions on road safety (4) the Council also called for the improvement of vehicle safety by the promotion of new technologies such as electronic safety.
(2)
The rapid and coordinated development and deployment of automotive short-range radar within the Community require a harmonised radio frequency band to be available for this application in the Community without delay and on a stable basis, in order to provide the necessary confidence for industry to make the necessary investments.
(3)
On 5 August 2003, with a view to such harmonisation, the Commission issued a mandate, pursuant to Article 4(2) of Decision No 676/2002/EC, to the European Conference of Postal and Telecommunications Administrations (CEPT), to harmonise the radio spectrum and to facilitate a coordinated introduction of automotive short-range radar.
(4)
As a result of that mandate, the 79 GHz range band has been identified by CEPT as the most suitable band for long term development and deployment of automotive short-range radar, with the introduction of this measure by January 2005 at the latest. The Commission therefore adopted Decision 2004/545/EC of 8 July 2004 on the harmonisation of the radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community (5).
(5)
However, automotive short-range radar technology in the 79 GHz range band is still under development and is not immediately available on a cost-effective basis, although it is understood that the industry will promote the development of such a technology in order to make it available at the earliest possible date.
(6)
In its report of 9 July 2004 to the European Commission under the mandate of 5 August 2003, CEPT identified the 24 GHz range radio spectrum band as being a temporary solution which would enable the early introduction of automotive short-range radar in the Community to meet the objectives of the e-Safety initiative, since technology is considered sufficiently mature for operation in that band. Therefore, Member States should take the appropriate measures based on their particular national radio spectrum situation to make sufficient radio spectrum available on a harmonised basis in the 24 GHz range radio spectrum band (21,65 to 26,65 GHz), while protecting existing services operating in that band from harmful interference.
(7)
According to footnote 5.340 of the Radio Regulations of the ITU, all emissions are prohibited in the band 23,6 to 24,0 GHz, in order to protect the use on a primary basis of this band by the radio astronomy, earth exploration satellite and space research passive services. This prohibition is justified by the fact that harmful interference to these services by emissions in the band cannot be tolerated.
(8)
Footnote 5.340 is subject to national implementation and may be applied in conjunction with Article 4.4 of the Radio Regulations, pursuant to which no frequency may be assigned to a station in derogation of the Radio Regulations, except on the express condition that such a station, when using such a frequency assignment, shall not cause harmful interference to a station operating in accordance with the provision of the ITU rules. Therefore, in its report to the Commission, CEPT pointed out that footnote 5.340 does not strictly prevent administrations from using bands falling under the footnote, provided that they are neither impacting services of other administrations nor trying to have international recognition under the ITU of such use.
(9)
The 23,6 to 24,0 GHz frequency band is of primary interest for the scientific and meteorological communities to measure water vapour content essential for temperature measurements for the earth exploration satellite service. In particular, this frequency plays an important role in the Global Monitoring for Environment and Security initiative (GMES) aiming at an operational European warning system. The 22,21 to 24,00 GHz frequency range is also needed to measure spectral lines of ammonia and water as well as continuum observations for the radio astronomy service.
(10)
The bands 21,2 to 23,6 GHz and 24,5 to 26,5 GHz are allocated to the fixed service on a primary basis in the ITU Radio Regulations and are extensively used by fixed links to meet the infrastructure requirement for existing 2G and 3G mobile networks and to develop broadband fixed wireless networks.
(11)
Based on studies of compatibility between automotive short-range radar and fixed services, earth exploration satellite services and radio astronomy services, CEPT has concluded that an unlimited deployment of automotive short-range radar systems in the 24 GHz range radio spectrum band will create unacceptable harmful interference to existing radio applications operating in this band. Considering ITU Radio Regulations and the importance of these services, any introduction of automotive short-range radar at 24 GHz could be made only on condition that these services in the band are sufficiently protected. In this respect, while the signal emanating from automotive short-range radar equipment is extremely low in most of the 24 GHz frequency range, it is important to take into account the cumulative effect of the use of many devices, which individually might not cause harmful interference.
(12)
According to CEPT, existing applications operating in or around the 24 GHz band would increasingly suffer significant levels of harmful interference if a certain level of penetration of vehicles using the 24 GHz range radio spectrum band for automotive short-range radars were to be exceeded. CEPT concluded in particular that sharing between earth exploration satellite services and automotive short-range radar could only be feasible on a temporary basis if the percentage of vehicles equipped with 24 GHz automotive short-range radar was limited to 7,0 % in each national market. While this percentage has been calculated on the basis of earth exploration satellite pixels, national markets are used as the reference against which to calculate the threshold, as this represents the most effective means of carrying out this monitoring.
(13)
Furthermore, the CEPT report concluded that to maintain the protection requirements of the fixed service, sharing with automotive short-range radar could only be feasible on a temporary basis if the percentage of vehicles equipped with automotive short-range radar within sight of a fixed service receiver was limited to less than 10 %.
(14)
It is therefore presumed on the basis of the work carried out by CEPT that harmful interference should not be caused to other users of the band where the total number of vehicles registered, placed on the market or put into service equipped with 24 GHz automotive short-range radar does not exceed the level of 7 % of the total number of vehicles in circulation in each Member State.
(15)
It is not presently anticipated that this threshold will be reached before the reference date of 30 June 2013.
(16)
Several Member States also use the 24 GHz range radio spectrum band for radar speed meter control which contributes to traffic safety. Following compatibility studies with automotive short-range radar of a number of these devices operating in Europe, CEPT has concluded that compatibility is possible under certain conditions, principally by decoupling the centre frequencies of the two systems by at least 25 MHz, and that the risk of harmful interference is low and will not create false speed measurements. Manufacturers of vehicles using automotive short-range radar systems have also committed themselves to continue taking appropriate steps to ensure that the risk of interference to radar speed meters is minimal. The reliability of radar speed meter equipment will therefore not be affected by the operation of automotive short-range radar to any significant extent.
(17)
Some Member States will in the future use the band 21,4 to 22,0 GHz for broadcast satellite services in the direction space-to-earth. Following compatibility studies, relevant national administrations have concluded that no compatibility problems exist if the emissions of automotive short-range radar are limited to no more than - 61,3 dBm/MHz for frequencies below 22 GHz.
(18)
The above presumptions and precautions need to be kept under ongoing objective and proportionate review by the Commission assisted by the Member States, in order to assess on the basis of concrete evidence whether the threshold of 7 % will be breached in any national market before the reference date, whether harmful interference has been or is likely to be caused within a short period of time to other users of the band by the breach of the threshold of 7 % in any national market, or whether harmful interference has been caused to other users of the band even below the threshold.
(19)
Therefore, as a result of information that becomes available as part of the review process, modifications to the present Decision may turn out to be necessary, in particular to ensure that there is no harmful interference caused to other users of the band.
(20)
Accordingly, there can be no expectation that the band of 24 GHz will continue to be available for automotive short-range radar until the reference date, if any of the abovementioned presumptions prove not to be valid at any time.
(21)
In order to facilitate and render more effective the monitoring of the use of the 24 GHz band and the review process, Member States may decide to draw more directly upon manufacturers and importers for information required in relation to the review process.
(22)
As reported by CEPT, sharing between automotive short-range radar and the radio astronomy service within the 22,21 to 24,00 GHz band could lead to harmful interference for the latter if short-range radar-equipped vehicles were allowed to operate unhindered within a certain distance from each radio astronomy station. Therefore, and bearing in mind that Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (6) requires that radio equipment must be constructed so as to avoid harmful interference, automotive short-range radar systems operating in bands used by radio astronomy in the 22,21 to 24,00 GHz range should be deactivated when moving within these areas. The relevant radio astronomy stations and their associated exclusion zones should be defined and justified by national administrations.
(23)
In order to be effective and reliable, such deactivation is best done automatically. However, to allow an early implementation of automotive short-range radar in 24 GHz, a limited amount of transmitters with manual deactivation can be allowed as, with such a limited deployment, the probability of causing harmful interference to the radio astronomy service is expected to remain low.
(24)
The temporary introduction of automotive short-range radar in the 24 GHz range radio spectrum band has an exceptional character and must not be considered as a precedent for the possible introduction of other applications in the bands where ITU Radio Regulations footnote 5.340 applies, be it for temporary or permanent use. Moreover, automotive short-range radar must not be considered as a safety-of-life service within the meaning of the ITU Radio Regulations and must operate on a non-interference and non-protected basis. Furthermore, automotive short-range radar should not constrain the future development in the use of the 24 GHz band of applications which are protected by footnote 5.340.
(25)
The placing on the market and operation of 24 GHz automotive short-range radar equipment in a stand-alone mode or retrofitted in vehicles already on the market would not be compatible with the objective of avoiding harmful interference to existing radio applications operating in this band, since it could lead to an uncontrolled proliferation of such equipment. In contrast, it should be easier to control the use of automotive short-range radar systems in the 24 GHz band solely as part of a complex integration of the electrical harness, automotive design and software package of a vehicle and originally installed in the new vehicle, or as replacement of original vehicle-mounted automotive short-range radar equipment.
(26)
This Decision will apply taking into account and without prejudice to 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 (7) and to Directive 1999/5/EC.
(27)
The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee,
HAS ADOPTED THIS DECISION:
Article 1
The purpose of this Decision is to harmonise the conditions for the availability and efficient use of the 24 GHz range radio spectrum band for automotive short-range radar equipment.
Article 2
For the purposes of this Decision, the following definitions shall apply:
1.
‘24 GHz range radio spectrum band’ means the 24,15 +/- 2,50 GHz frequency band;
2.
‘automotive short-range radar equipment’ means equipment providing road vehicle-based radar functions for collision mitigation and traffic safety applications;
3.
‘automotive short-range radar equipment put into service in the Community’ means automotive short-range radar equipment originally installed or replacing one so installed in a vehicle which will be or which has been registered, placed on the market or put into service in the Community;
4.
‘on non-interference and non-protected basis’ means that no harmful interference may be caused to other users of the band and that no claim may be made for protection from harmful interference received from other systems or services operating in that band;
5.
‘reference date’ means 30 June 2013;
6.
‘transition date’ means 30 June 2007;
7.
‘vehicle’ means any vehicle as defined by Article 2 of Directive 70/156/EEC;
8.
‘deactivation’ means the termination of emissions by automotive short-range radar equipment;
9.
‘exclusion zone’ means the area around a radio astronomy station defined by a radius equivalent to a specific distance from the station;
10.
‘duty cycle’ means the ratio of time during any one-hour period when equipment is actively transmitting.
Article 3
The 24 GHz range radio spectrum band shall be designated and made available as soon as possible and no later than 1 July 2005, on a non-interference and non-protected basis, for automotive short-range radar equipment put into service in the Community which complies with the conditions laid down in Articles 4 and 6.
The 24 GHz range radio spectrum band shall remain so available until the reference date, subject to the provisions of Article 5.
After that date, the 24 GHz range radio spectrum band shall cease to be available for automotive short-range radar equipment mounted on any vehicle except where that equipment was originally installed, or is replacing equipment so installed, in a vehicle registered, placed on the market or put into service before that date in the Community.
Article 4
The 24 GHz range radio spectrum band shall be available for the ultra-wide band part of automotive short-range radar equipment with a maximum mean power density of - 41,3 dBm/MHz effective isotropic radiated power (e.i.r.p.) and peak power density of 0 dBm/50MHz e.i.r.p., except for frequencies below 22 GHz, where the maximum mean power density shall be limited to -61,3 dBm/MHz e.i.r.p.
The 24,05 to 24,25 GHz radio spectrum band is designated for the narrow-band emission mode/component, which may consist of an unmodulated carrier, with a maximum peak power of 20 dBm e.i.r.p. and a duty cycle limited to 10 % for peak emissions higher than - 10 dBm e.i.r.p.
Emissions within the 23,6-24,0 GHz band that appear 30o or greater above the horizontal plane shall be attenuated by at least 25 dB for automotive short-range radar equipment placed on the market before 2010 and thereafter by at least 30 dB.
Article 5
1. The continued availability of the 24 GHz range radio spectrum band for automotive short-range radar applications shall be kept under active scrutiny to ensure that the main premise of opening this band to such systems remains valid, which is that no harmful interference is caused to other users of the band, in particular through the timely verification of:
(a)
the total number of vehicles registered, placed on the market or put into service equipped with 24 GHz automotive short-range radar in each Member State, to verify that this number does not exceed the level of 7 % of the total number of vehicles in circulation in each Member State;
(b)
whether adequate information has been made available by Member States or by manufacturers and importers regarding the number of 24 GHz short-range radar-equipped vehicles for the purpose of monitoring effectively the use of the 24 GHz band by automotive short-range radar equipment;
(c)
whether the individual or cumulative use of 24 GHz automotive short-range radar is causing or is likely to cause within a short period of time harmful interference to other users in the 24 GHz band or in adjacent bands in at least one Member State, whether or not the threshold referred to in (a) has been reached;
(d)
the continuing appropriateness of the reference date.
2. In addition to the review process in paragraph 1, a fundamental review shall be carried out by 31 December 2009 at the latest to verify the continuing relevance of the initial assumptions concerning the operation of automotive short-range radar in the 24 GHz range radio spectrum band, as well as to verify whether the development of automotive short-range radar technology in the 79 GHz range is progressing in such a way as to ensure that automotive short-range radar applications operating in this radio spectrum band will be readily available by 1 July 2013.
3. The fundamental review may be triggered by a reasoned request by a member of the Radio Spectrum Committee, or at the Commission’s own initiative.
4. The Member States shall assist the Commission to carry out the reviews referred to in paragraphs 1 and 2 by ensuring that the necessary information is collected and provided to the Commission in a timely manner, in particular the information set out in the Annex.
Article 6
1. Automotive short-range radar equipment mounted on vehicles shall only operate when the vehicle is active.
2. Automotive short-range radar equipment put into service in the Community shall ensure protection of the radio astronomy stations operating in the radio spectrum band 22,21 to 24,00 GHz defined in Article 7 through automatic deactivation in a defined exclusion zone or via another method providing equivalent protection for these stations without driver intervention.
3. By way of derogation to paragraph 2, manual deactivation will be accepted for automotive short-range radar equipment put into service in the Community operating in the 24 GHz range radio spectrum band before the transition date.
Article 7
Each Member State shall determine the relevant national radio astronomy stations to be protected pursuant to Article 6(2) in its territory and the characteristics of the exclusion zones pertaining to each station. This information, supported by appropriate justification, shall be notified to the Commission within six months of adoption of this Decision, and published in the Official Journal of the European Union.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 17 January 2005. | [
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Commission Regulation (EC) No 1612/2002
of 11 September 2002
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 12 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 September 2002. | [
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Commission Regulation (EC) No 510/2004
of 18 March 2004
fixing the export refunds on white sugar and raw sugar exported in its unaltered state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1) Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.
(3) The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector(2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.
(4) In special cases, the amount of the refund may be fixed by other legal instruments.
(5) The refund must be fixed every two weeks. It may be altered in the intervening period.
(6) The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.
(7) The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial.
(8) To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation.
(9) Import duties and export refunds still apply to certain sugar products traded between the Community, of the one part, and the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, hereinafter referred to as "new Member States", of the other part, and the level of export refunds is appreciably greater than the level of import duties. In view of the accession of these countries to the Community on 1 May 2004, the appreciable gap between the level of import duties and the level of export refunds granted for the products in question may result in speculative trade flows.
(10) To prevent any abuse through the re-import or re-introduction into the Community of sugar products in receipt of an export refund, no refund or levy should be set for all the new Member States for the products covered by this Regulation.
(11) In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 March 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 2004. | [
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Commission Regulation (EC) No 924/2004
of 29 April 2004
amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96(1), as amended by Council Regulation (EC) No 2204/2003(2), and in particular Article 11(b) thereof,
Whereas:
(1) Annex IV to Regulation (EC) No 1210/2003 lists the natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources under that Regulation.
(2) On 7 April 2004, the Sanctions Committee of the United Nations Security Council decided to amend the list comprising Saddam Hussein and other senior officials of the former Iraqi regime, their immediate family members and the entities owned or controlled by them or by persons acting on their behalf or at their direction, to whom the freezing of funds and economic resources should apply. Therefore, Annex IV should be amended accordingly.
(3) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Annex IV to Regulation (EC) No 1210/2003 is hereby amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2004. | [
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*****
COMMISSION REGULATION (EEC) No 1043/85
of 24 April 1985
amending for the ninth time Regulation (EEC) No 1371/84 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector
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 591/85 (2), and in particular Article 5c (7) thereof,
Having regard to Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector (3), as last amended by Regulation (EEC) No 590/85 (4), and in particular Article 7 (5) thereof,
Whereas pursuant to Article 6 of Regulation (EEC) No 857/84 Member States may, for the purpose of determining producers' reference quantities in the case of direct sales, choose as a reference year the 1982 or 1983 calendar year and differentiate the figures applicable according to structural criteria; whereas therefore the field of application of the detailed rules previously adopted as regards deliveries should be extended so as to include direct sales;
Whereas pursuant to the second subparagraph of paragraph 1 and paragraph 4 of Article 7 of Regulation (EEC) No 857/84 Member States may, where land is transferred to the public authorities or where a non-renewable lease expires and cannot be extended on similar terms, provide that all or part of the reference quantity corresponding to the holding or to the part of the holding concerned is to be put at the disposal of the departing producer; whereas that right constitutes a derogation from the principle laid down in the first subparagraph of Article 7 (1) whereby a reference quantity may not be transferred without the land; whereas the said derogation was introduced in order to overcome certain economic and social problems and allow producers to continue milk production; whereas the extent of that derogation should therefore be specified;
Whereas Commission Regulation (EEC) No 1371/84 (5), as last amended by Regulation (EEC) No 562/85 (6), should be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1371/84 is hereby amended as follows:
1. Article 2 (2) is replaced by the following:
'2. Where Member States make use of the option referred to in Article 6 (1) of Regulation (EEC) No 857/84 in order to modify the percentage used for determining the reference quantities of producers in the case of direct sales to consumers, the provisions of paragraph 1 above shall apply and "deliveries" shall in such cases be replaced by "direct sales".'
2. The following paragraph 3 is added to Article 2:
'3. Member States which make use of the option referred to in paragraphs 1 and 2 of this Article shall notify the Commission of the arrangements which they adopt.'
3. In the first subparagraph of Article 4 (1), 'during the 1981 calendar year' is replaced by 'during the reference calendar year'.
4. Article 4 (4) (a) is replaced by the following:
'(a) to producers to whom paragraph 1 applies, a reference quantity corresponding to their direct sales in the 1981 calendar year plus 1 % or, as the case may be, in the 1982 or 1983 calendar year, corrected by a uniform percentage in
order to comply with the abovementioned Article 6 (2) and, in cases where the 1982 or 1983 calendar year is chosen, without prejudice to Article 2 (2) of this Regulation;'
5. In the first paragraph of Article 5, 'For the purposes of applying Article 7 (1)' is replaced by 'For the purposes of applying Article 7'.
6. The following point 4 is added to the first paragraph of Article 5:
'4. In the event of the application of the second subparagraph of Article 7 (1) of Regulation (EEC) No 857/84, concerning the transfer of land to the public authorities and/or for public use, and Article 7 (4) of the said Regulation, concerning rural leases which are due to expire and which cannot be extended on similar terms, all or part of the reference quantity corresponding to the holding or to the part of the holding which is the subject of the transfer or of the said lease shall be put at the disposal of the producer concerned if he intends to continue milk production, provided that the sum of the reference quantity thus made available to him and the quantity corresponding to the holding which he takes over or on which he continues milk production does not exceed the reference quantity which was available to him before the land was transferred or before the lease expired.'
7. The last paragraph of Article 5 is replaced by the following:
'Member States may apply the provisions of points 1, 2 and 4 in respect of transfers during and after the reference period.'
8. The following paragraph 3 is added to Article 16:
3. Member States shall, at the end of each 12-month period, notify the Commission of the cases in which the provisions of Article 6a of Regulation (EEC) No 857/84 have been applied and shall send it a list of the groups of purchasers referred to in Article 12 (e) of the said 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, 24 April 1985. | [
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*****
COUNCIL DECISION
of 22 February 1990
providing medium-term financial assistance for Hungary
(90/83/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1), submitted following consultation with the Monetary Committee,
Having regard to the opinion of the European Parliament (2),
Whereas the European Council of 8 and 9 December 1989 referred to the need to grant Hungary, after agreement with the International Monetary Fund (IMF), an adjustment loan of an amount of US $ 1 000 million; whereas this amount is the equivalent of ECU 870 million;
Whereas the people of Hungary have close historic relationships with the people of the Community, and whereas that country is undertaking fundamental political and economic reforms and has decided to adopt a market economy model;
Whereas the said reforms will strengthen mutual confidence and bring Hungary closer to the Community;
Whereas the granting of the medium-term loan is an appropriate measure to facilitate the adjustment of the Hungarian economy in order to reap the full benefits of an economy based on market principles; whereas the terms and conditions of the loan should emphasise necessary structural adjustment, with due regard for social stability, as well as being consistent with the terms and conditions put forward by the IMF, whereas an agreement with the IMF on a stabilisation programme is necessary and should be concluded quickly; whereas assurances should be secured that Hungary has negotiated satisfactory terms with its private creditors to ensure their continued participation;
Whereas the economic reforms will contribute to mutually beneficial economic and commercial relationships between Hungary and the Community; whereas these relationships will promote, throughout the Community, a harmonious development of economic activities;
Whereas examination by the Commission, in collaboration with the Monetary Committee, has shown a marked deterioration in Hungary's economic situation;
Whereas the Hungarian Government has applied to the Community for a medium-term loan;
Whereas it is appropriate to associate other G24 countries with this loan operation;
Whereas this action is urgent and the first tranche should consequently be implented rapidly;
Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,
HAS DECIDED AS FOLLOWS:
Article 1
The Community shall grant to Hungary a medium-term loan facility of a maximum amount of ECU 870 million in principal, with a maximum duration of five years, in order to permit that country to overcome the difficulties of structural adjustment of its economy.
This loan will be managed by the Commission in full consultation with the Monetary Committee, in a manner consistent with any agreement reached between the International Monetary Fund (IMF) and Hungary.
Article 2
The Commission is empowered to negotiate with the Hungarian authorities, after consultation with the Monetary Committee, the terms and conditions of the loan in order to facilitate structural adjustment and the evolution of Hungary's economy towards a market-oriented system in a stable macroeconomic and social environment. These terms and conditions shall be consistent with the agreement referred to in the second paragraphe of Article 1.
The Commission shall verify at regular intervals, in collaboration with the Monetary Committee, that the economic policy in Hungary accords with the objectives of this loan and that its conditions are being fulfilled.
Article 3
The loan shall be made available to Hungary in tranches. Each tranche shall be released to the National Bank of Hungary.
Article 4
As a first tranche, the Commission is empowered to borrow, on behalf of the European Economic Community, an amount of ECU 350 million in principal.
The proceeds of these borrowings shall be on-lent to Hungary as soon as a 'stand-by arrangement' has been concluded between Hungary and the IMF.
Article 5
The release of, and the procedural arrangements for, the subsequent tranches, including the question of the guarantee, shall be decided upon at a later stage.
Article 6
1. The borrowing and lending operations referred to in Article 4 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest-rate risk, or in any other commercial risk.
2. The Commission shall take the necessary steps, if Hungary so decides, to include in the loan conditions, and also to exercise, an early repayment clause.
3. At the request of Hungary, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average duration of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.
4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Hungary.
5. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3.
Article 7
At least once a year, the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation, on the implementation of this Decision.
Done at Brussels, 22 February 1990. | [
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COUNCIL REGULATION (EC) No 60/1999 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 Lithuania
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 the procedure provided for in the Agreement on fisheries relations between the European Community and the Republic of Lithuania (2), and in particular Articles 3 and 6 thereof, the Community and Lithuania have held consultations concerning their mutual fishing rights for 1999 and the management of common living resources;
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 Lithuania;
Whereas it is for the Council to lay down the specific conditions under which catches by vessels flying the flag of Lithuania can be taken;
Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3);
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 (4) provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a document certified by a competent authority, 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 Lithuania 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 and south of 59° 30' North.
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 zone 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, 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. Fishing under the quotas fixed in Article 1 shall be permitted only where a licence and a special fishing permit has been issued by the Commission on behalf of the Community at the request of the Lithuanian authorities and in compliance with the conditions set out in Annexes II and III. Copies of these Annexes and the licence and the special fishing permit shall be kept on board each vessel.
The vessels to be licensed for fishing in the Community zone during a given month will be notified at the latest by the 15th day of the preceding month. The Community shall process expeditiously requests for adjustments to a monthly list during its duration.
2. 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 is requested.
3. Licences and special fishing permits shall be issued provided that the number of licences valid at any time during a given month or year does not exceed the amounts mentioned in Annex I.
4. Only fishing vessels under 40 metres are authorised to fish.
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 issuing 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 under Annex I 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 12 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, on behalf of the Community, shall submit to Lithuania the names and characteristics of the Lithuanian 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 next year until the list of vessels permitted to fish during the year in question is 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 (EEC) No 2462/89
of 10 August 1989
re-establishing the levying of customs duties on tents, products of category 91 (order No 40.0910), originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 4259/88 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4259/88 of 19 December 1988 applying generalized tariff preference for 1989 to textile products originating in developing countries (1), and in particular Article 13 thereof,
Whereas Article 11 of Regulation (EEC) No 4259/88 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 the Annex I and column 7 of its 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 12 of that 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 tents, products of category 91 (order No 40.0910), the relevant ceiling amounts to 13 tonnes;
Whereas on 1 August 1989 imports of the products in question into the Community, originating in China, a country covered by preferential tariff arrangements, reached and were charged against the ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 14 August 1989 the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 4259/88, shall be re-established in respect of the following products, imported into the Community and originating in China:
1.2.3.4 // // // // // Order No // Category (units) // CN code // Description // // // // // // // // // 40.0910 // 91 (tonnes) // 6306 21 00 6306 22 00 6306 29 00 // Tents // // // //
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, 10 August 1989. | [
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*****
COMMISSION REGULATION (EEC) No 2239/85
of 2 August 1985
amending Regulation (EEC) No 2102/75 determining the quantity of potatoes required for the manufacture of one tonne of starch
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975, on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1018/84 (2),
Having regard to Council Regulation (EEC) No 2742/75 of 29 October 1975 on production refunds in the cereals and rice sectors (3), as last amended by Regulation (EEC) No 1499/85 (4), and in particular Article 8 thereof,
Whereas, in view of the change in the threshold price of maize from 1 August 1985 and the correlation existing between this price and the minimum price to be paid by potato starch manufacturers, the Commission, in order to maintain balance in the starch sector between maize starch and potato starch, by Commission Regulation (EEC) No 2124/85 (5) adjusted the latter price; whereas this adjustment must be reflected in an adjustment of the amounts given in columns 4 and 6 of the Annex to Commission Regulation (EEC) No 2102/75 (6), as last amended by Regulation (EEC) No 1954/84 (7);
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 2102/75 is hereby replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 August 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 August 1985. | [
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*****
COMMISSION DECISION
of 13 April 1984
concerning the Italian Republic pursuant to Article 13 (2) of Regulation (EEC, Euratom, ECSC) No 2892/77 concerning own resources accruing from value added tax
(Only the Italian text is authentic)
(84/278/Euratom, ECSC, EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to the Treaty establishing the European Coal and Steel Community,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 70/243/ECSC, EEC, Euratom of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (1),
Having regard to Council Regulation (EEC, Euratom, ECSC) No 2892/77 of 19 December 1977 implementing in respect of own resources accruing from value added tax the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (2), as last amended by Regulation (EEC, Euratom, ECSC) No 3625/83 (3), and in particular the first subparagraph of Article 9 (3), the second subparagraph of Article 11 (1) and Article 13 (2) thereof,
Whereas the Commission, pursuant to Article 13 (2) of Regulation (EEC, Euratom, ECSC) No 2892/77, adopted, for 1979, Decision 80/513/EEC, Euratom, ECSC (4), for 1980, Decision 81/1017/Euratom, ECSC, EEC (5), for 1981, Decision 82/810/ECSC, EEC, Euratom (6) and, for 1982, Decision 83/144/EEC, Euratom, ECSC (7);
Whereas the Italian Republic has again requested the extension of Decision 80/513/EEC, Euratom, ECSC, adopted for 1979;
Whereas, for the early years of implementation of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (8), authorizations were granted annually; whereas, from 1983, authorizations should be granted for as long as Regulation (EEC, Euratom, ECSC) No 2892/77 remains valid, subject to review for each year;
Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,
HAS ADOPTED THIS DECISION:
Article 1
Decision 80/513/EEC, Euratom, ECSC is hereby extended for 1983 and subsequent years.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 13 April 1984. | [
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Commission Regulation (EC) No 208/2001
of 31 January 2001
fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 15 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 1670/2000(2), and in particular Article 31(3) thereof,
Whereas:
(1) Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 (a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund. Whereas Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and criteria for fixing the amount of such refunds(3), as amended by Regulation (EC) No 2390/2000(4), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in the Annex to Regulation (EC) No 1255/1999.
(2) In accordance with the first subparagraph of Article 4 (1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.
(3) Article 4(3) of Regulation (EC) No 1520/2000 provides that, when the rate of the refund is being fixed, account should be taken, where necessary, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex A to that Regulation or to assimilated products.
(4) Article 11(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.
(5) 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(5), as last amended by Regulation (EC) No 635/2000(6), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods.
(6) It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EC) No 1520/2000 and listed in Article 1 of Regulation (EC) No 1255/1999, exported in the form of goods listed in the Annex to Regulation (EC) No 1255/1999, are hereby fixed as shown in the Annex to this Regulation.
2. No rates of refund are fixed for any of the products referred to in the preceding paragraph which are not listed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 February 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 January 2001. | [
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COMMISSION REGULATION (EC) No 1570/2005
of 27 September 2005
correcting Regulation (EC) No 2104/2004 laying down detailed implementing rules for Council Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 11(5) thereof,
Having regard to Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (2), and in particular Article 1(2) and Article 4(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 2104/2004 (3) lays down detailed implementing rules for the management of fishing fleets in the outermost regions until 31 December 2006 and establishes in particular the specific reference levels per fleet segment for each of the outermost regions of France, Portugal and Spain.
(2)
In the Annex to Regulation (EC) No 2104/2004 the names of the two fleet segments for the French region of La Réunion are erroneous and should be corrected. This correction should apply retroactively and will not cause any detrimental effects on operators.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 2104/2004 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 September 2005. | [
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COMMISSION REGULATION (EC) No 1388/2005
of 25 August 2005
fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 582/2004 of 26 March 2004 opening a standing invitation to tender for export refunds for skimmed milk powder (2) provides for a permanent tender.
(2)
Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 23 August 2005.
(3)
The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
For the permanent tender opened by Regulation (EC) No 582/2004, for the tendering period ending on 23 August 2005, the maximum amount of refund for the product and destinations referred to in Article 1(1) of that Regulation shall be 14,00 EUR/100 kg.
Article 2
This Regulation shall enter into force on 26 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 August 2005. | [
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Commission Regulation (EC) No 1979/2002
of 7 November 2002
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 8 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 2002. | [
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COMMISSION DECISION of 23 April 1997 modifying the decisions approving the Community support frameworks, the single programming documents and the Community initiative programmes in respect of Finland (Only the Finnish and Swedish texts are authentic) (97/330/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular the fourth subparagraph of Article 8 (5), the third subparagraph of Article 9 (9), the third subparagraph of Article 10 (3.3), Article 11 and the third subparagraph of Article 11 (a) (6) thereof,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94, and in particular Article 8 (3), the last subparagraph of Article 10 (1), Article 11 and Article 14 (3) thereof,
Whereas Article 1 of Council Regulation (EEC) No 4254/88 of 19 December 1988, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (4), as amended by Regulation (EEC) No 2083/93 (5), specifies the type of operations the ERDF may help finance;
Whereas Council Regulation (EEC) No 4255/88 of 19 December 1988, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund (6), as amended by Regulation (EEC) No 2084/93 (7), specifies in Article 1 the type of operations which may receive ESF financing and in Article 2 eligible expenditure;
Whereas Article 1 of Council Regulation (EEC) No 4256/88 of 19 December 1988, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the EAGGF Guidance Section (8), as amended by Regulation (EEC) No 2085/93 (9), specifies the type of measures which the EAGGF Guidance Section may help finance;
Whereas Council Regulation (EEC) No 2080/93 of 20 July 1993, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the Financial Instrument for Fisheries Guidance (10), specifies in Article 1 the type of measures which may receive FIFG financing as well as in Article 5 and in Regulation (EC) No 3699/93 of 21 December 1993 specifying the criteria and conditions of forms of assistance for structural purposes in the fisheries and aquaculture sectors as well as the processing and marketing of their products (11), as last amended by Council Regulation (EC) No 25/97 (12), the criteria and conditions of forms of assistance;
Whereas the Council (Economic and Financial Affairs) of 11 March 1996, in its discussions on the discharge to be given in respect of the 1994 budget, called for all sources of uncertainty regarding the eligibility of expenditure to be eliminated so as to guarantee that the best possible use be made of Community resources, in accordance with the regulations in force (13); whereas in order to clarify the situation as regards the eligibility of expenditure, for the Member States as well as for the beneficiaries, it is appropriate to incorporate the Annex attached, drawn up in partnership with the Member States, in the different decisions approving Community support frameworks, the single programming documents, and the Community initiative programmes currently in operation;
Whereas in order to respect the principle of legitimate expectation only the provisions of this Annex which impose no new charge or condition on Member States or on beneficiaries can be applied in respect of projects already selected;
Whereas the Commission will apply this decision fully respecting the institutional, legal and financial characteristics and competence of the Member States in the context of partnership;
Whereas this Decision is in accordance with the opinion of the Management Committee for Agricultural Structures and Rural Development and the Standing Committee on Fisheries Structures;
After consultation of the Advisory Committee on the Development and Conversion of Regions and the Committee pursuant to Article 124 of the Treaty,
HAS DECIDED AS FOLLOWS:
Article 1
1. The Annex to the present Decision (14) comprises an integral part of the decisions approving Community support frameworks, single programming documents, and Community initiative programmes.
2. To the extent that the provisions of the Annex impose new or complementary charges or conditions on Member States or beneficiaries, they shall apply only to investments, operations, measures and projects comprising part of the forms of assistance mentioned in the first paragraph and selected after 1 May 1997.
Article 2
This Decision is addressed to the Republic of Finland.
Done at Brussels, 23 April 1997. | [
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COMMISSION REGULATION (EEC) No 1913/92 of 10 July 1992 laying down detailed implementing rules for the specific measures for supplying the Azores and Madeira with products from the beef and veal sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992, introducing specific measures for the Azores and Madeira concerning certain agricultural products (1) and in particular Article 10 hereof,
Whereas in application of Articles 2, 3 and 4 of Regulation (EEC) No 1600/92 it is necessary to determine for the beef and veal sector and for the 1992/1993 marketing year, on the one hand, the quantities of meat and processed products of the forecast supply balance for Madeira which benefit from an exemption from the levy on direct imports from third countries or from an aid for deliveries originating from the rest of the Community, and on the other hand, the quantities of pure-bred breeding animals originating in the Community which benefit from an aid with a view to developing the potential for production in the Azores and Madeira;
Whereas it is appropriate to fix the amount of the aids referred to above for the supply to these Islands, on the one hand, of meat and, on the other hand, of breeding animals originating in the rest of the Community; whereas these aids must be fixed taking into account in particular the costs of supply from the world market, conditions due to the geographical situation of these Islands and the basis of the current prices on export to third countries for the animals or products concerned;
Whereas the common detailed implementing rules for the supply regime for the Azores and Madeira for certain agricultural products were laid down by Commission Regulation (EEC) No 1696/92 (2); whereas it is appropriate to lay down complementary implementing rules adjusted in the light of current commercial practices in the beef and veal in particular regarding the duration of the validity of import licences and the aid, certificates and the amount of the securities ensuring compliance with their obligations by operators;
Whereas with view to efficiently managing the supply regime, it is necessary to provide for a time limit for the making of requests for certificates and a period of reflection for the delivery of the latter;
Whereas in application of Commission Regulation (EEC) No 1600/92, the supply regime is applicable from 1 July 1992; whereas it is necessary to provide for application of the detailed implementing rules from the same date;
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
Pursuant to Article 2 of Regulation (EEC) No 1600/92, the quantities of the forecast supply balance for Madeira for products from the beef and veal sector which benefit from exemption from the import levy on products coming from third countries or which benefit from Community aid are fixed in Annex 1.
Article 2
1. The aid provided for in Article 3 (2) of Regulation (EEC) No 1600/92 for products included in the forecast supply balance and which come from the Community market is fixed in Annex II.
2. Products benefiting form the aid are specified in accordance with the provisions of Commission Regulation (EEC) No 3846/87 (3) and in particular (6) of the Annex hereto.
Article 3
The aid provided for in Article 4 (1) of Regulation (EEC) No 1600/92 for the supply to the Azores and Madeira of pure-bred breeding bovines originating from the Community as well as the number of animals which benefit from it are fixed in Annex III.
Article 4
Portugal shall designate the competent authority for:
(a) the delivery of import licences;
(b) the delivery of the aid certificate provided for in Article 4 (1) of Regulation (EEC) No 1696/92;
(c) the payment of the aid to the operators concerned.
Article 5
The provisions of Regulation (EEC) No 1696/92 shall apply.
Article 6
1. Requests for licences and certificates shall be presented to the competent authority during the first five working days of every month. A request shall only be valid if:
(a) it does not exceed the maximum quantity available for each group of products published by Portugal;
(b) before the expiry of the period provided for the presentation of requests proof has been provided that the interested party has lodged a security of ECU 30/100 kg.
2. Licences and certificates shall be issued on the 10th working day of every month.
Article 7
1. The duration of validity of import licences shall expire on the last day of the month following that of their issue.
2. The duration of validity of the aid certificates shall expire on the last day of the second month following that of their issue.
Article 8
The payment of aid provided for in Articles 2 and 3 shall be made for quantities actually supplied.
Article 9
The amount of aid referred to in Articles 2 and 3 shall be altered when the market situation makes this necessary.
Article 10
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall be applicable from 1 July 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 1992. | [
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COUNCIL REGULATION (EEC) No 3706/89 of 27 November 1989 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in certain EFTA countries
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, in agreements concluded between the Community and certain EFTA countries and approved by Decisions 86/555/EEC, 86/557/EEC, 86/558/EEC and 86/559/EEC (1), the Community undertook to open each year, subject to certain conditions, Community tariff quotas at a reduced or zero rate of duty for a number of agricultural and fishery products originating in those countries; whereas these tariff quotas should be opened for 1990, and, where necessary, the conditions of eligibility laid down should be specified;
Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quota should be applied consistently to
all imports of the product in question into all Member
States until the quotas are exhausted; whereas the
necessary measures should be taken to ensure
that these tariff quotas are administered efficiently and on a Community basis, so that the Member States can draw the necessary quantities, corresponding to actual imports recorded, from the quota volumes; whereas this method of administration calls for close cooperation between the Member States and the Commission;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within, and jointly represented by, the Benelux Economic Union, any operation concerning the administration of these quotas may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1 1. From 1 January to 31 December 1990 the customs duties applicable to imports of the products listed below shall be suspended at the levels indicated below and within the limits of the Community tariff quotas as shown below:
(a)
The following products, originating in Sweden:
Order No
CN code
(*)
Description
Quota volume
(tonnes)
Rate of duty
(%)
09.0601
"
Y
Y
Y
y
Y
Y
Y
x
ex 0302
ex 0302 50 10
ex 0302 62 00
ex 0302 63 00
Fish, fresh or chilled, excluding fish fillets and other fish meat falling within CN code 0304:
-Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus), excluding livers and roes:
--Of the species Gadus morhua
-Other fish, excluding livers roes:
--Haddock (Melanogrammus aeglefinus)
--Coalfish (Pollachius virens)
aa
A
A
A
a
A
A
A
s
3 500
0
09.0603
"
Y
Y
Y
Y
y
Y
Y
Y
Y
x
ex 0304
ex 0304 10
ex 0304 10 31
Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:
-Fresh or chilled:
--Fillets:
---Other:
----Of cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and of fish of the species Boreogadus saida:
-Of the species Gadus morhua
aa
A
A
A
A
a
A
A
A
A
s
1 500
0
(*) See Taric codes in the Annex.
(¹) OJ No L 328, 22. 11. 1986, pp. 58, 77, 90 and 99.
Order No
CN code
(*)
Description
Quota volume
(tonnes)
Rate of duty
(%)
09.065
"
Y
Y
y
Y
Y
x
ex 1604
ex 1604 12
ex 1604 12 90
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs:
-Fish, whole or in pieces, but not minced:
--Herrings:
---Other
aa
A
A
a
A
A
s
250
0
09.0607
"
Y
Y
Y
y
Y
Y
Y
x
ex 1604 13
ex 1604 13 90
ex 1604 19
ex 1604 19 99
ex 1604 20
ex 1604 20 90
--Sardines, sardinella and brisling or sprats:
---Other
--Other:
---Other:
----Other
-Other prepared or preserved fish:
--Of other fish
aa
A
A
A
a
A
A
A
s
200
0
09.0609
ex 1604 30
ex 1604 30 90
-Caviar and caviar substitutes:
--Caviar substitutes
60
0
09.0611
"
Y
y
Y
x
ex 1605
ex 1605 20 00
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved:
-Shrimps and prawns:
--Shelled, whether or not frozen, excluding shrimps and prawns of the Crangon variety
aa
A
a
A
s
120
7,5
(*) See Taric codes in the Annex.
(b)
The following products, originating in Norway:
Order No
CN code
(*)
Description
Amount of tariff
quota (tonnes)
Rate of duty
(%)
09.0701
ex 1504 20 10
ex 1504 30 19
ex 1516 10 90
Oils and fats of marine animals, other than whale oil and sperm oil, in packings of a net capacity of more than 1 kg originating in Norway
1 000
8,5
09.0709
ex 0305 30 19
Fillets of cod of the species Gadus morhua and Gadus ogac, and fish fillets of the species Boreogadus saida, dried, salted or in brine, originating in Norway
3 000
0,5
09.0711
ex 1604 13 90
ex 1604 19 99
ex 1604 20 90
Prepared or preserved fish, including caviar and caviar substitutes prepared from fish eggs:
Other:
-Sardinella, brisling or sprats, not including fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, deep-frozen
Other, not including smoked saithe
Fish other than herring and smoked saithe
aa
A
A
A
a
A
A
A
s
400
10,5
(*) See Taric codes in the Annex.
(c)
The following products, originating in Austria:
Order
No
CN code
Description
Amount of tariff
quota
(in hl)
Rate of duty
(in %)
09.0801
2009 80 11
2009 80 19
Concentrated pear juice, originating in Austria
2 000
30 + AGR
possibly
applicable
(d)
The following products, originating in Switzerland:
Order
No
CN code
(*)
Description
Amount of tariff
quota (tonnes)
Rate of duty
(%)
09.0901
0809 20 10
0809 20 90
Table cherries excluding Morello cherries, originating in Switzerland
1 000
0
(*) See Taric codes in the Annex.
2. Within the limits of the quotas referred to in paragraph 1 under order Nos 09.0701, 09.0801 and 09.0901, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of the 1985 Act of Accession.
For the other quotas, the Kingdom of Spain and the Portuguese Republic shall apply the duties set out below:
Order No
Spain (%)
Portugal (%)
09.0601
0,
0,
09.0603
0,
0,
09.0605
5,2
11,3
09.0607
5,2
11,3
09.0609
5,2
11,3
09.0611
7,
16,
09.0709
2,6
0,
09.0711
11,4
17,5
3. Imports of the products listed in paragraph 1 which already qualify for a lower or the same rate of customs duty under other preferential tariff arrangements may not be charged against the corresponding tariff quota.
4. Imports of the products referred to in paragraph 1 under order Nos 09.0601 to 09.0611, 09.0709 and 09.0711 shall not qualify for the quota unless the free-at-frontier price, which is determined by the Member States in accordance with Article 21 of Council Regulation (EEC) No 3796/81 of 21 December 1981 on the common organization of the market in fishery products (2), as last amended by Regulation (EEC) No 1495/89 (3), shall be at least equal to the reference price, if such a price has been fixed by the Community, for the products or categories of products in question.
5. The protocols on the definition of the concept of originating products and on methods of administrative cooperation, annexed to the Agreement between the European Economic Community on the one hand and the Kingdom of Sweden, the Kingdom of Norway, the Republic of Austria and the Swiss Confederation on the other, shall be applicable.
(4) OJ No L 379, 31. 12. 1981, p. 1.
(5) OJ No L 148, 1. 6. 1989, p. 1.
Article 2 The tariff quotas referred to in Article 1 shall be administered by the Commission, which may take any appropriate administrative measure in order to ensure efficient administration.
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 draw, from the quota volume by means of notification to the Commission, a quantity corresponding to those needs.
The requests for drawing, with the indication of the date of acceptance of the said declarations, must be communicated to the Commission without delay.
The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the corresponding quota volume.
If the quantities requested are greater than the available balance of the quota volume, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed thereof by the Commission.
Article 4 Each Member State shall guarantee importers of the products in question equal and continuous access to the quotas as long as the balance of the corresponding quota volume allows.
Article 5 Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.
Article 6 This Regulation shall enter into force on 1 January 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 November 1989. | [
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Commission Regulation (EC) No 715/2004
of 16 April 2004
fixing the maximum aid for concentrated butter for the 311th special invitation to tender opened under the standing invitation to tender provided for in Regulation (EEC) No 429/90
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), and in particular Article 10 thereof,
Whereas:
(1) In accordance with Commission Regulation (EEC) No 429/90 of 20 February 1990 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community(2), the intervention agencies are opening a standing invitation to tender for the granting of aid for concentrated butter; Article 6 of that Regulation provides that in the light of the tenders received in response to each special invitation to tender, a maximum amount of aid is to be fixed for concentrated butter with a minimum fat content of 96 % or a decision is to be taken to make no award; the end-use security must be fixed accordingly.
(2) In the light of the tenders received, the maximum aid should be fixed at the level specified below and the end-use security determined accordingly.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 311th tender under the standing invitation to tender opened by Regulation (EEC) No 429/90 the maximum aid and the amount of the end-use security shall be as follows:
- maximum aid: EUR 85/100 kg,
- end-use security: EUR 94/100 kg.
Article 2
This Regulation shall enter into force on 17 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 April 2004. | [
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COMMISSION REGULATION (EC) No 61/2005
of 14 January 2005
fixing the minimum selling price for butter for the 11th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2771/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,
Whereas:
(1)
Pursuant to Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of butter held by them.
(2)
In the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award, in accordance with Article 24a of Regulation (EC) No 2771/1999.
(3)
In the light of the tenders received, a minimum selling price should be fixed.
(4)
The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
For the 11th individual invitation to tender pursuant to Regulation (EC) No 2771/1999, in respect of which the time limit for the submission of tenders expired on 11 January 2005, the minimum selling price for butter is fixed at 270 EUR/100 kg.
Article 2
This Regulation shall enter into force on 15 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 January 2005. | [
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COMMISSION REGULATION (EC) No 803/2005
of 26 May 2005
fixing the export refunds on syrups and certain other sugar products exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1)
Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2)
Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.
(3)
Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (3), to the products listed in the Annex to the last mentioned Regulation.
(4)
According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements.
(5)
According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.
(6)
Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.
(7)
The abovementioned refunds must be fixed every month; they may be altered in the intervening period.
(8)
The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.
(9)
The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial in nature.
(10)
In order to prevent any abuses associated with the reimportation into the Community of sugar sector products that have qualified for export refunds, refunds for the products covered by this Regulation should not be fixed for all the countries of the western Balkans.
(11)
In view of the above, refunds for the products in question should be fixed at the appropriate amounts.
(12)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(d), (f), (g) and (h) of Regulation (EC) No 1260/2001, exported in the natural state, shall be set out in the Annex hereto to this Regulation.
Article 2
This Regulation shall enter into force on 27 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 May 2005. | [
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COMMISSION REGULATION (EC) No 97/95 of 17 January 1995 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the minimum price and compensatory payment to be paid to potato producers and of Council Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch
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 1866/94 (2), and in particular Article 8 thereof,
Having regard to Council Regulation (EEC) No 1543/93 of 14 June 1993 fixing the amount of the premium paid to producers of potato starch during the 1993/94, 1994/95 and 1995/96 marketing years (3), and in particular Article 3 thereof,
Having regard to Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch (4), and in particular Article 8 thereof,
Whereas Regulation (EC) No 1868/94 lays down a system of quotas for the production of potato starch which may benefit from Community aid; whereas Member States are to allocate such quotas on the basis of production in a reference period and of investments made by undertakings producing potato starch before 31 January 1994 which did not give rise to production in the reference period; whereas both criteria are of equal importance; whereas it is necessary to make provision for a proportionate adjustment to allocations in order to ensure that such producers do not exceed a Member State's quota;
Whereas conditions should be set in order to ensure that only genuine investments which have given rise to more than a minimal increase in production before 31 January 1994 should be taken into account by Member States in the allocation of sub-quotas;
Whereas conditions should be included to ensure that the reserve of 110 000 tonnes, created to cover production in Germany in the marketing year 1996/97, is used only for cases where the production results from investments irreversibly undertaken before 31 January 1994 and only after exhaustion of any quota made available as a result of the cessation of trading of undertakings producing potato starch;
Whereas it is necessary to specify what matters should be covered by a cultivation contract between an undertaking producing potato starch and a producer so as to prevent the conclusion of contracts in excess of the undertaking's sub-quota; whereas such undertakings should be prohibited from accepting delivery of potatoes not covered by a cultivation contract, as this would put at risk the effectiveness of the quota system and the requirement that the minimum price under Article 8 (1) of Regulation (EEC) No 1766/92 be paid for all potatoes intended for starch production; whereas, nevertheless, it should be possible, where climatic reasons lead to production in the areas covered by the cultivation contract of a larger quantity of potatoes or of potatoes with a higher starch content than was originally foreseen, for an undertaking producing potato starch to accept such potatoes provided that it pays the minimum price, referred to above;
Whereas potatoes having a starch content of less than 13 % cannot be considered potatoes intended for the manufacture of potato starch within the meaning of Article 8 of Regulation (EEC) No 1766/92; whereas potatoes with a starch content of less than 13 % should not be accepted by starch producing undertakings; whereas the Commission should, where climatic reasons lead to a lower starch content, and at the request of a Member State, be able to authorize the acceptance of potatoes having a starch content of not less than 12,8 %;
Whereas, for the sake of clarity, some of the provisions of Regulation (EEC) No 1543/93 which are compatible with, and necessary for, the application of the quota system should be incorporated in this Regulation;
Whereas it is necessary to define acceptable methods for determining the underwater weight of potatoes and to provide a table showing the corresponding starch content and aid payable;
Whereas inspection measures should be introduced to ensure that only starch produced in accordance with the provisions of this Regulation gives rise to compensatory payments or to payment of the premium;
Whereas, in order to protect producers of potatoes intended for the production of starch, it is essential for the minimum price set out in Article 8 (1) of Regulation (EEC) No 1766/92 to be paid for all potatoes; whereas it is therefore necessary to provide for sanctions where the minimum price has not been paid, or where undertakings have accepted potatoes not covered by a cultivation contract;
Whereas rules are necessary to ensure that potato starch produced in excess of an undertaking's sub-quota is exported without export refund, as is required by Article 6 (1) of Regulation (EC) No 1868/94; whereas sanctions should be applied in the event of any breach;
Whereas it is necessary to specify what will happen to the sub-quota of undertakings which merge, change ownership or cease trading;
Whereas, in order to enable the Member States and the Commission to control the operation of the quota system, the information to be communicated by undertakings producing potato starch to the Member State, and by the Member State to the Commission, should be specified;
Whereas, since Regulation (EEC) No 1543/93 is to be repealed with effect from 1 July 1995, on which date the quota system comes into operation, Commission Regulation (EEC) No 1711/93 (5), as amended by Regulation (EC) No 1993/94 (6), should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Title I DEFINITIONS - QUOTA SYSTEM
Article 1
For the purposes of this Regulation, the following definitions shall apply:
(a) quota: the quota laid down for each Member State by Article 2 (1) of Regulation (EC) No 1868/94;
(b) sub-quota: that part of the quota allocated by the Member State to a starch-producing undertaking;
(c) starch-producing undertaking:
- any natural or legal person established on the territory of the Member State concerned which has received the premium referred to in Article 1 of Regulation (EEC) No 1543/93 during the marketing years 1990/91, 1991/92 and 1992/93 or during the marketing year 1992/93,
- by way of derogation from the first indent, in the case of the investments referred to in the second subparagraph of Article 2 (1) of Regulation (EC) No 1868/94 in Germany, any natural or legal person which begins production during the 1996/97 marketing year in accordance with Article 3 (2) of this Regulation;
(d) producer: any natural or legal person or group of such persons, which delivers to a starch-producing undertaking potatoes produced by itself or its members, in its own name and on its own behalf under a cultivation contract concluded by itself or in its own name;
(e) cultivation contract: any contract concluded between a producer or group of producers and the starch-producing undertaking;
(f) potatoes: potatoes intended for the manufacture of potato starch as referred to in Article 8 of Regulation (EEC) No 1766/92 and having a starch content of at least 13 %;
(g) unprocessed starch: starch produced under CN code 1108 13 00 which has not undergone any processing;
(h) merger of starch-producing undertakings: the consolidation into a single undertaking of two or more starch-producing undertakings;
(i) transfer of ownership of a starch-producing undertaking: the assignment or absorption of the assets of an undertaking holding a sub-quota, to one or more starch-producing undertakings;
(j) transfer of ownership of a starch factory: the assignment of ownership of a technical unit, including all the plant required to manufacture starch, to one or more undertakings, resulting in the partial or total absorption of the outpost of the undertaking making the assignment;
(k) lease of a factory: the leasehold contract of a technical unit including all the plant required for the manufacture of starch, with a view to its operation, concluded for a period of at least three consecutive marketing years with an undertaking which is established within the same Member State as the factory in question, if, after the lease takes effect, the undertaking which rents the factory can be considered a single starch-producing undertaking for its entire production.
Article 2
1. For the marketing years 1995/96, 1996/97 and 1997/98, the quota referred to in Article 2 (2) of Regulation (EC) No 1868/94 shall be allocated before 8 March 1995 to undertakings producing potato starch in the Member State of production. The allocation shall take account of:
- either the average amount of potato starch produced by each undertaking in the marketing years 1990/91, 1991/92 and 1992/93 and for which the premium referred to in Article 1 of Regulation (EEC) No 1543/93 was paid,
- or the amount of starch produced by each undertaking during the marketing year 1992/93 for which the premium was paid;
and, where appropriate, the new capacity created by investments taken into account in accordance with Article 3.
2. The total quantities established in accordance with paragraph 1 shall, where necessary, be adjusted proportionately as required by the quota.
3. Where Article 6 (2) of Regulation (EC) No 1868/94 applies, the sub-quotas allocated shall be adjusted appropriately at the beginning of the marketing year following that in which the quota was exceeded.
Article 3
1. Subject to the conditions set out below, the Member State shall take into account the investments actually made before 31 January 1994 which did not give rise to starch production in the reference period chosen by that Member State:
(a) the investment plan on which the new production capacity to be developed is based shall be submitted to the competent authority;
(b) the plan shall estimate the new production capacity likely to be created by the planned investments;
(c) only plans which are intended to increase initial production capacity by at least 5 % in terms of either daily capacity or of extra working days over and above the usual period of manufacture in the undertaking shall be taken into consideration;
(d) only investment actually undertaken before 31 January 1994 under the plan submitted and amounting to at least 10 % of the total cost estimated in the plan shall be taken into consideration and then only at the level actually achieved;
(e) every undertaking affected by this paragraph shall submit a reasoned application, accompanied by all available supporting documents, to the competent authority of the Member State by 8 February 1995.
2. For the 1996/97 marketing year, Germany is authorized to make use of the reserve of up to 110 000 tonnes, provided that:
(a) its initial quota is fully allocated in accordance with Article 2 no later than 8 March 1995;
(b) the sub-quotas which become available after 8 March 1995 as a result of cessation of trading are fully utilized before 31 March 1996 in accordance with Article 17 (3);
(c) the reserve is utilized only in respect of irreversible investments made before 31 January 1994 in conformity with the conditions laid down in paragraph 1, with the exception of subparagraph (d);
(d) Germany lays down the conditions referred to above and sends them immediately to the Commission before allocating the reserve.
For the 1997/98 marketing year, only actual production in 1996/97, subject to a maximum limit of 110 000 tonnes, shall create a right to a supplementary sub-quota.
Title II PRICE AND PREMIUM SYSTEM
Article 4
1. A cultivation contract shall be concluded for each marketing year. Each contract shall have an identification number and include at least the following information:
- the name and address of the producer or group of producers,
- the name and address of the starch-producing undertaking,
- the areas cultivated, in hectares and ares,
- the quantity of potatoes in tonnes to be harvested there and delivered to the undertaking,
- the average starch content of the potatoes, based on the average starch content of the potatoes delivered by the producer to the undertaking over the last three marketing years or, if such information is not available, on the average content for the area of supply,
- a commitment by the undertaking to pay the producer the minimum price referred to in Article 8 (1) of Regulation (EEC) No 1766/92.
2. Each starch-producing undertaking shall forward to the competent authority by 31 May preceding the marketing year in question a summary of the contracts, including for each contract, the identification number, the name of the producer and the tonnage contracted, expressed in terms of starch equivalent.
3. The total in starch equivalent of the quantities listed in the cultivation contracts shall not exceed the sub-quota established for that undertaking.
4. Where the quantity actually produced under the cultivation contract in starch equivalent exceeds the quantity stated in the contract, that quantity may be delivered, if the undertaking so chooses, provided the minimum price referred to in Article 8 (1) of Regulation (EEC) No 1766/92 is paid for it.
5. An undertaking may not take delivery of potatoes not covered by a cultivation contract.
Article 5
Starch manufacturers shall take delivery of potatoes either at the starch-producing undertakings themselves or at their delivery points. The operations described in Articles 6 and 8 shall be carried out at the time of delivery and under the authority of an inspector approved by the Member State.
Article 6
1. Where so required for the purposes of one of the methods referred to in Annex I, the gross weight of the potatoes shall be determined for each load at the time of delivery by comparative weighings of the means of transport used, loaded and empty.
2. The undertaking shall refuse consignments which have a starch content of less than 13 %.
However, on receipt of a reasoned request from the Member State, a derogation from this rule may be granted, in particular for climatic reasons, and a starch content of not less than 12,8 % accepted. In that case the minimum price to be paid shall be that for a starch content of 13 %. The Commission shall adopt rules to implement this paragraph in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92.
3. The net weight of the potatoes shall be determined by one of the methods described in Annex I.
Article 7
1. The premium shall be granted to starch-producing undertakings in respect of starch produced from potatoes of sound and fair marketable quality, on the basis of the quantity of potatoes used and their starch content, at the rates laid down in Annex II up to the quantity of starch for which they hold a sub-quota.
Where the starch content of the potatoes is calculated by Reimann's or Parrow's scale and corresponds to a figure appearing on two or three lines in the second column of Annex II, the rates applicable shall be those for the second or third line.
2. Where the batches delivered contain 25 % or more of potatoes which can pass through a screen with a square mesh of 28 mm (hereinafter described as 'tailings'), the net weight used for determining the minimum price to be paid by the starch manufacturer shall be reduced as follows:
25 to 30 % 10 % 31 to 40 % 15 % 41 to 50 % 20 %
If the batches contain more than 50 % of tailings, they shall be dealt with by mutual agreement and no premium shall be paid thereon.
The percentage of tailings shall be determined at the same time as the net weight.
3. Observance of the limits of the sub-quota by the undertakings shall be determined on the basis of the quantity and starch content of the potatoes used, in accordance with the rates laid down in Annex II.
Article 8
The starch content of the potatoes shall be determined on the basis of an underwater weight valid for 5 050 grams of potatoes supplied.
The water used shall be clean and without additives and its temperature shall be less than 18 °C.
Article 9
1. A receipt form shall be drawn up under the joint responsibility of the starch-producing undertaking, the approved inspector and the supplier. The undertaking shall deliver a copy to the producer and retain the original so that it may, if necessary, be submitted to the agency responsible for the monitoring of premiums.
2. The receipt form shall contain at least the following information where this appears from operations carried out pursuant to Articles 5 to 8:
- date of delivery,
- delivery number,
- number of the cultivation contract,
- name and address of the potato producer,
- weight of the means of transport on arrival at the starch factory or delivery point,
- weight of the means of transport after unloading and removal of residual earth,
- gross weight of the delivery,
- reduction for extraneous matter and weight of water absorbed during washing, expressed as a percentage and applied to the gross weight of the delivery,
- reduction, expressed in weight, applied to the gross weight of the delivery as a result of extraneous matter,
- percentage of tailings,
- total net weight of the delivery (gross weight less the reduction, including the correction for tailings),
- starch content, expressed as a percentage or underwater weight,
- unit price to be paid.
Article 10
For each producer, the starch-producing undertaking shall draw up a summary payment slip containing the following particulars:
- business name of the starch-producing undertaking,
- name and address of the potato producer,
- cultivation contract number,
- date and number of the receipt forms,
- net weight of each delivery after any reductions as provided for in Article 9 (2),
- unit price per delivery,
- total amount due to the grower,
- sums paid to the potato producer and date of payments,
- signature and stamp of the starch manufacturer.
Title III PAYMENTS - PENALTIES
Article 11
1. The following payments shall be subject to the requirements set out below:
(a) in the case of the compensatory payment provided for in Article 8 (2) of Regulation (EEC) No 1766/92, to the requirement that proof is provided that a price not less than that referred to in Article 8 (1) of that Regulation has been paid at the delivered-to-factory stage in accordance with the rates set out in Annex II;
(b) in the case of the premium referred to in Article 5 of Regulation (EC) No 1868/94, to the conditions that:
- the undertaking provides proof that it produced the starch in question during the marketing year concerned, and that
- the undertaking proves that it paid a price not less than that referred to in Article 8 (1) of Regulation (EEC) No 1766/92, at the delivered-to-factory stage for the whole quantity of potatoes produced in the Community, used for the production of starch and covered by the cultivation contracts referred to in Article 4.
2. The proof referred to in paragraph 1 shall be furnished by submission of the summary payment slip provided for in Article 10, accompanied either by certification of payment by the producer or by a voucher issued by the financial undertaking that made the payment on the order of the starch manufacturer, certifying that such payment has been made.
Article 12
The premium and the compensatory payment shall be paid by the Member State on whose territory the potato starch was manufactured within four months of the date on which the proof referred to in Article 11 was furnished.
The Member State concerned shall inform the Commission, not later than one month after making those payments, of the quantities of potatoes for which the premium and compensatory payments were paid.
Article 13
1. The Member States shall introduce inspection arrangements for on-the-spot verification of the operations conferring entitlement to the premium and compensatory payment and compliance with the sub-quota laid down for each starch-producing undertaking. In order to carry out such checks, inspectors shall have access to the stock records and accounts of undertakings and to manufacturing and storage premises.
During each processing period, inspection shall cover the entire processing of at least 10 % of the potatoes supplied to the undertaking.
2. Member States shall inform each starch-producing undertaking, as appropriate, of the amounts of starch by which it has exceeded its sub-quota.
3. Should the competent body establish that the obligations specified in the second indent of Article 11 (1) (b) have not been respected by the undertaking, that undertaking shall, in the absence of force majeure, lose entitlement to premiums, in whole or in part, as follows:
- if the obligations have not been observed in respect of a quantity of starch less than 20 % of the total quantity of starch produced by the undertaking, the premium granted shall be reduced by five times the percentage in question,
- if the percentage in question is 20 or more, no premium shall be granted.
4. If contravention of the prohibition contained in Article 4 (5) is established, the premium paid for the sub-quota shall be reduced as follows:
- if the check shows a quantity of starch equivalent accepted by the undertaking of less than 10 % of its sub-quota, the total premiums to be paid to the undertaking for the marketing year in question shall be reduced by 10 times the percentage in question,
- if the quantity not covered by production contracts is greater than the amount specified in the first indent, no premium shall be granted for the marketing year in question. Furthermore, no premium shall be paid to the undertaking for the following marketing year.
5. Inspections undertaken pursuant to this Article shall be without prejudice to any further verification by the competent authorities.
Article 14
1. The export operation referred to in Article 6 of Regulation (EC) No 1868/94 shall be regarded as having taken place when:
(a) the competent body of the Member State of production, irrespective of the Member State from which the starch was exported, has received the proof referred to in Article 15 (2);
(b) the Member State of exportation has accepted the relevant export declaration before 1 January following the end of the marketing year during which the starch was produced;
(c) the starch in question has left the customs territory of the Community no later than 60 days after 1 January as specified in (b);
(d) the product has been exported without refund.
Except in cases of force majeure, if all the conditions set out in the first subparagraph are not complied with, any quantity of starch which exceeds the sub-quota shall be regarded as having been disposed of on the internal market.
2. In cases of force majeure, the competent body of the Member State on whose territory the starch was produced shall adopt measures appropriate to the circumstances cited by the party concerned.
Where the starch is exported from the territory of a Member State other than the one where it was produced, these measures shall be taken after receiving the views of the competent authorities of that Member State.
3. For the purposes of this Regulation, Article 34 of Regulation (EEC) No 3665/87 (7) may be not invoked.
Article 15
1. By way of derogation from Article 12 of Commission Regulation (EEC) No 891/89 (8), the security for licences shall be ECU 23 per tonne.
2. Proof that the starch-producing undertaking in question has complied with the conditions laid down in the first subparagraph of Article 14 (1) shall be furnished to the competent body of the Member State on whose territory the starch was produced, before 1 April of the calendar year following the end of the marketing year during which it was produced.
3. Such proof shall be furnished by the production of:
(a) an export licence issued to the undertaking in question by the competent authority of the Member State referred to in paragraph 1 bearing one of the following statements, by way of derogation from Article 5 of Regulation (EEC) No 1620/93 (9):
- « Para exportación sin restitución, de conformidad con el artículo 6 del Reglamento (CE) no 1868/94 »,
- »Skal eksporteres uden restitution, jf. artikel 6 i forordning (EF) nr. 1868/94«,
- "Ausfuhr ohne Erstattung gemaess Artikel 6 der Verordnung (EG) Nr. 1868/94",
- «Pros exagogi choris epistrofi symfona me to arthro 6 toy kanonismoy (EK) arith. 1868/94»,
- 'For export without refund under Article 6 of Regulation No (EC) 1868/94',
- « À exporter sans restitution conformément à l'article 6 du règlement (CE) no 1868/94 »,
- « Da esportare senza restituzione a norma dell'articolo 6 del regolamento (CE) n. 1868/94 »,
- "Overeenkomstig artikel 6 van Verordening (EG) nr. 1868/94 zonder restitutie uit te voeren",
- « A exportar sem restituiçao em conformidade com o artigo 6º do Regulamento (CE) nº 1868/94 »,
- "Viedaeaen tuetta asetuksen (EY) N :o 1868/94 6 artiklan mukaisesti",
- "Foer export utan exportbidrag enligt artikel 6 i foerordning (EG) nr 1868/94" ;
(b) the documents referred to in Articles 30 and 31 of Commission Regulation (EEC) No 3719/88 (10) required for the release of the security;
(c) a statement by the undertaking certifying that it produced the starch; and
(d) in the circumstances referred to in paragraph 4, when withdrawal from stock occurs:
- before acceptance of the export declaration referred to in Article 14 (1) (b), further proof provided by the competent authorities of the Member State where storage took place, or
- after acceptance of the export declaration referred to in Article 14 (1) (b), further proof within the meaning of Article 31 (2) (a) of Regulation (EEC) No 3719/88, provided by the customs authorities of the Member State where storage took place.
In both cases, the further proof shall testify to the withdrawal from stock of the product in question or the corresponding substitute quantity within the meaning of paragraph 4.
4. When the unprocessed starch produced by a starch-producing undertaking is stored for export in a silo, warehouse or bin outside the factory of the manufacturer in the Member State of production, or in any other Member State, where other unprocessed starch produced by other undertakings or by the same one is also stored so that the products so stored cannot be physically distinguished, all such products shall be placed under administrative supervision offering guarantees equivalent to those of the customs services until the export declaration referred to in Article 14 (1) (b) has been accepted, and shall be placed under customs supervision as soon as the declaration is accepted.
Article 16
1. The Member State concerned shall impose on the quantities which are considered to have been disposed of on the internal market, within the meaning of the second subparagraph of Article 14 (1), a charge equal:
- in the case of unprocessed starch or any by-product under the Annex to Regulation (EEC) No 1620/93, to the fixed tariff component per tonne of starch or by-product during the marketing year in which the starch or by-product was produced,
- in the case of modified starch or any other by-product not coming under Annex II to the Treaty but falling within the scope of Commission Regulation (EC) No 1222/94 (11), to the fixed tariff component of ECU 277 per tonne plus any ad valorem duty applicable to the product in question.
2. The Member State concerned shall, before 1 May following 1 January as specified in Article 14 (1) (b), notify the starch-producing undertakings of the total amount to be paid.
That total amount shall be paid by the undertakings in question no later than 20 May of that year.
Article 17
1. In the event of the merger or transfer of starch-producing undertakings and in the event of the transfer of starch factories, the quotas referred to in Article 2 (2) of Regulation (EC) No 1868/94 shall be adjusted as follows:
(a) in the event of the merger of starch-producing undertakings, the Member State shall allocate to the undertaking resulting from the merger a sub-quota equal to the sum of the sub-quotas allocated prior to the merger to the starch-producing undertakings concerned;
(b) in the event of the transfer of a starch-producing undertaking, the Member State shall allocate to the transferee undertaking the sub-quota of the undertaking transferred. Where there is more than one transferee undertaking, the sub-quota shall be allocated in proportion to the production of starch which each has absorbed;
(c) in the event of the transfer of a starch factory, the Member State shall reduce the sub-quota of the undertaking transferring ownership of the factory and increase the sub-quota of the starch-producing undertaking or undertakings purchasing the factory in question by the quantity deducted, in proportion to the production absorbed.
2. In the event of the closure, in circumstances other than those referred to in paragraph 1, of:
(a) a starch-producing undertaking;
(b) one or more factories of a starch-producing undertaking,
the Member State may allocate the sub-quotas involved by such closure to one or more starch-producing undertakings.
3. In the event of the lease of a factory belonging to a starch-producing undertaking, the Member State shall reduce the sub-quota of the undertaking which offers the factory for rent and shall allocate the portion by which the sub-quota was reduced to the undertaking which rents the factory in order to produce starch in it.
If the lease is terminated before the term referred to in Article 1 (k), the adjustment of the sub-quota pursuant to the preceding subparagraph shall be cancelled retroactively by the Member State as from the date on which the lease took effect.
Article 18
The measures referred to in Article 17 shall take effect when the closure of the undertaking or factory, the merger or transfer occurs:
(a) between 1 July and 31 March of the following year, for the marketing year current during that period;
(b) between 1 April and 30 June of the same year, for the marketing year following that period.
Title IV NOTIFICATIONS
Article 19
1. A Member State shall notify the allocation of the quota referred to in Article 2 (2) of Regulation (EC) No 1868/94 to the starch-producing undertakings concerned no later than 31 January 1995, and shall immediately forward this information to the Commission.
2. No later than 31 March of each marketing year, the starch-producing undertakings shall inform the competent authorities of:
- the quantities of starch potatoes which have qualified under Article 8 (1) and (2) of Regulation (EEC) No 1766/92;
- the quantities of starch in respect of which the premium referred to in Article 5 of Regulation (EC) No 1868/94 was paid.
3. When Article 3 of Article 17 applies, the Member States shall supply the Commission with detailed information and furnish evidence that the conditions laid down in those Articles have been complied with no later than 30 June of each marketing year.
Article 20
Each Member State shall inform the Commission no later than 30 June of each marketing year of:
- the quantities of starch potatoes which have qualified under Article 8 (1) and (2) of Regulation (EEC) No 1766/92,
- the quantities of starch in respect of which the premium referred to in Article 5 of Regulation (EC) No 1868/94 has been paid,
- the quantities and sub-quotas for the starch-producing undertakings concerned by Article 6 (2) of Regulation (EC) No 1868/94,
- the quantities referred to in Article 13 (3) and (4) of this Regulation,
- the quantities referred to in Article 16 of this Regulation.
Title V FINAL PROVISIONS
Article 21
The conversion rate to be used to express the minimum price, the premium and the compensatory payment in national currency shall be that valid on the day on which the potatoes are received by the starch manufacturer.
Article 22
Regulation (EEC) No 1711/93 is hereby repealed with effect from 1 July 1995.
Article 23
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 1 July 1995, with the exception of Articles 1, 2 and 3, which shall apply immediately.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 1995. | [
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COMMISSION REGULATION (EEC) No 2738/82
of 11 October 1982
on the classification of goods falling within subheading 48.01 C II of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by the Act of Accession of Greece, and in particular Article 3 thereof,
Whereas in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provisions must be laid down concerning the tariff classification of paper and paperboard in rolls, made from pulp of coniferous wood obtained by the 'high yield' process;
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2), as last amended by Regulation (EEC) No 2655/82 (3), refers under subheading 48.01 C II to other kraft paper and kraft board, and under subheading 48.01 F to other paper and paperboard not mentioned in the preceding subheadings of heading No 48.01; whereas for the classification of the goods in question the abovementioned subheadings merit consideration;
Whereas the abovementioned process involves earlier interruption of the chemical cooking process, in consequence of which a considerable part of the lignin remains in the fibres; whereas, therefore, a microscopic examination carried out by the colour-change method would give results which, pursuant to the explanatory notes to subheading 48.01 C of the Common Customs Tariff, would lead to the exclusion of such goods from subheading 48.01 C II and their classification under subheading 48.01 F;
Whereas, however, a microscopic examination solely of the structure of the fibres reveals the product to be chemical sulphate pulp, since the fibres are long and intact and therefore exhibit no traces of mechanical wood-pulping, which would have caused them to be shredded during pulping in the pulping machines;
Whereas, therefore, it must be recognized that the said paper and paperboard, manufactured by the abovementioned process, fulfil the requirements for inclusion in subheading 48.01 C II of the Common Customs Tariff, since the remaining quantity of lignin is not of great importance; whereas, consequently, the goods in question must be classified under that subheading;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,
HAS ADOPTED THIS REGULATION:
Article 1
Paper and paperboard in rolls, made from chemical pulp of coniferous wood obtained by the 'high yield' process, shall be classified in the Common Customs Tariff under subheading:
48.01 Paper and paperboard (including cellulose wadding), in rolls or sheets:
C. Kraft paper and kraft board:
II. Other
Article 2
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 October 1982. | [
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COMMISSION REGULATION (EC) No 491/2005
of 29 March 2005
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 Jordan
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:
(1)
Under Articles 2(2) and 3 of Regulation (EEC) No 4088/87, Community import and producer prices are fixed each fortnight for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses and apply for two-week periods. Under Article 1(b) of Commission Regulation (EEC) No 700/88 of 17 March 1988 laying down detailed rules for the application of the arrangements for the import into the Community of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (2), those prices are determined for two-week periods on the basis of weighted prices provided by the Member States.
(2)
Those prices should be fixed immediately so the customs duties applicable can be determined.
(3)
Following the accession of Cyprus to the European Union on 1 May 2004, it is no longer necessary to fix import prices for Cyprus.
(4)
Likewise, it is no longer necessary to fix import prices for Israel, Morocco and the West Bank and the Gaza Strip, in order to take account of the agreements approved by Council Decisions 2003/917/EC of 22 December 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Israel Association Agreement (3), 2003/914/EC of 22 December 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 3 to the EC-Morocco Association Agreement (4) and 2005/4/EC of 22 December 2004 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2 to the EC-Palestinian Authority Interim Association Agreement (5).
(5)
The Commission must adopt these measures in between the meetings of the Management Committee for Live Plants and Floriculture Products,
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 1 of Regulation (EEC) No 4088/87 shall be as set out in the Annex hereto for the period from 30 March to 12 April 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, 29 March 2005. | [
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COMMISSION DECISION of 29 July 1996 in application, at the request of France, of Article 5 (4) of Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (Only the French text is authentic) (Text with EEA relevance) (96/513/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods, and in particular Article 5 (4) thereof (1),
Whereas, in order to limit the risks of serious accidents at sea and to reduce the resulting damage, Article 5 of Directive 93/75/EEC provides that the operators of the vessels covered by the Directive shall notify the information listed in Annex I to the said Directive to the competent authorities of the Member State concerned; whereas Article 5 (4) authorizes the Member States to exempt regular scheduled services of less than one hour's crossing time from that notification requirement and allows the Commission to agree to a reasonable extension of this period at the request of a Member State;
Whereas, in a request submitted on 12 July 1995 and amended by letter dated 29 March 1996, France asked the Commission to agree to an extension of this period for the scheduled services between Brest and Le Conquet (crossing time: 2 hours) and between Le Coquet and Ouessant (crossing time: 2 hours 30 minutes);
Whereas the ecological importance and hazards to shipping of the area concerned have led the French authorities to take appropriate measures to ensure a high level of safety for shipping in that area;
Whereas the measures consist of the buoyage of the area and information to sailors by means of appropriate nautical documentation; whereas in addition the Corsen-Ouessant maritime traffic service provides continuous surveillance of shipping in the area by radar and regular radio broadcasts of nautical information for sailors;
Whereas the risk of accident is limited owing to the scarce maritime traffic in the area and measures have been taken to keep vessels carrying dangerous or polluting cargoes away from the coastal navigation area;
Whereas the service in question provides local services between the islands and the mainland; whereas the quantities of pollutant goods on board are small;
Whereas the information required by Annex I to the Directive is available at any time from the operators or captains;
Whereas, in the circumstances, it is justified to accept France's request for exemption of the scheduled services referred to above from the application of Article 5 (2) and (3) of Directive 93/75/EEC,
HAS ADOPTED THIS DECISION:
Article 1
France is hereby authorized to exempt the scheduled services between Brest and Le Conquet and between Le Conquet and Ouessant from the application of Article 5 (2) and (3) of Directive 93/75/EEC, subject to the following conditions:
- the waters in which the services covered by this Decision operate are duly buoyed and are drawn to the attention of sailors in appropriate nautical documents,
- compliance with the local navigation rules is assured,
- constant contact is maintained, in particular by radio links, with the competent maritime traffic service,
- only small quantities of dangerous or polluting goods, within the meaning of Directive 93/75/EEC, are carried on board,
- the information referred to in Annex I to Directive 93/75/EEC is available from the operators and captains throughout the crossing and can at any time be provided to the authorities of the Member State on request.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 29 July 1996. | [
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COMMISSION DECISION
of 14 April 2008
concerning interim protection measures relating to Classical Swine Fever in Slovakia
(notified under document number C(2008) 1525)
(Text with EEA relevance)
(2008/303/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(3) thereof,
Whereas:
(1)
An outbreak of Classical Swine Fever has occurred in Slovakia.
(2)
In view of the trade in live pigs and certain pig products, this outbreak is liable to endanger the herds of other Members States.
(3)
Slovakia has taken measures within the framework of Council Directive 2001/89/EC on Community measures for the control of Classical Swine Fever (2).
(4)
The animal health conditions and the certification requirements for trade in live pigs are laid down in Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (3).
(5)
The animal health conditions and certification requirements for trade in porcine semen are laid down in Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species (4).
(6)
The animal health conditions and certification requirements for trade in porcine ova and embryos are laid down in Commission Decision 95/483/EC of 9 November 1995 determining the specimen certificate for intra-Community trade in ova and embryos of swine (5).
(7)
Pending the meeting of the Standing Committee on the Food Chain and Animal Health and in collaboration with the Member State concerned, it is appropriate to adopt interim protection measures.
(8)
This Decision shall be reviewed by the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
1. Without prejudice to the measures of Council Directive 2001/89/EC, and in particular Articles 9, 10 and 11 thereof, Slovakia shall ensure that:
(a)
no pigs are transported from and to pig holdings situated within the areas described in the Annex;
(b)
transport of pigs for slaughter proceeding from holdings situated outside the areas described in the Annex to slaughterhouses located in the said areas and transit of pigs through the said areas shall only be allowed via major roads or railways and in accordance with the detailed instructions provided for by the competent authorities to prevent that during transport the pigs in question come in direct or indirect contact with other pigs.
2. By derogation from paragraph 1(a) the competent authorities may authorise the transport of pigs directly to a slaughterhouse situated in the area described in the Annex, or in exceptional cases in designated slaughterhouses outside that area in Slovakia, for immediate slaughter.
Article 2
1. Slovakia shall ensure that no pigs, except pigs send for immediate slaughter directly to the slaughterhouse, are dispatched to other Member States and to third countries, unless the pigs:
(a)
come from a holding situated in an area outside the areas described in the Annex; and
(b)
have been resident on the holding of origin for at least 30 days prior to loading, or since birth if less than 30 days of age; and
(c)
come from a holding where no live pigs have been introduced during the 30 day period immediately prior to the dispatch of the pigs in question.
2. The competent veterinary authority of Slovakia shall ensure that the notification of the dispatch of pigs to other Member States is communicated to the central and local veterinary authorities of the Member State of destination and any Member State of transit at least three days before the dispatch.
Article 3
1. Slovakia shall ensure that no consignments of porcine semen are dispatched to other Member States and to third countries unless the semen originates from boars kept at a collection centre referred to in Article 3(a) of Council Directive 90/429/EEC and situated outside the areas described in the Annex.
2. Slovakia shall ensure that no consignments of ova and embryos of swine are dispatched to other Member States and to third countries unless the ova and embryos originate from swine kept at a holding situated outside the areas described in the Annex.
Article 4
Slovakia shall ensure that:
(a)
the health certificate provided for in Council Directive 64/432/EEC accompanying pigs dispatched from Slovakia must be completed by the following:
‘Animals in accordance with Commission Decision 2008/303/EC of 14 April 2008 concerning interim protection measures relating to Classical Swine Fever in Slovakia’
(b)
the health certificate provided for in Council Directive 90/429/EEC accompanying boar semen dispatched from Slovakia must be completed by the following:
‘Semen in accordance with Commission Decision 2008/303/EC of 14 April 2008 concerning interim protection measures relating to Classical Swine Fever in Slovakia’
(c)
the health certificate provided for in Commission Decision 95/483/EC accompanying ova and embryos of swine dispatched from Slovakia must be completed by the following:
‘Ova/Embryos (delete as appropriate) in accordance with Commission Decision 2008/303/EC of 14 April 2008 concerning interim protection measures relating to Classical Swine Fever in Slovakia’
Article 5
Slovakia shall ensure that vehicles which have been used for the transport of pigs or had entered a holding where pigs are kept are cleaned and disinfected after each operation and the transporter shall furnish proof to the competent veterinary authority of such disinfection.
Article 6
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 14 April 2008. | [
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COMMISSION REGULATION (EC) No 1836/2004
of 21 October 2004
fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1565/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 7 thereof,
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2), and in particular Article 4 thereof,
Having regard to Commission Regulation (EC) No 1565/2004 of 3 September 2004 on a special intervention measure for oats in Finland and Sweden for the 2004/2005 marketing year (3),
Whereas:
(1)
An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1565/2004.
(2)
On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should be fixed.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 15 to 21 October 2004, pursuant to the invitation to tender issued in Regulation (EC) No 1565/2004, the maximum refund on exportation of oats shall be EUR 29,99/t.
Article 2
This Regulation shall enter into force on 22 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2004. | [
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COMMISSION REGULATION (EC) No 1424/98 of 3 July 1998 amending Regulation (EEC) No 689/92 fixing the procedures 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 organisation of the market in cereals (1), as last amended by Commission Regulation (EC) No 923/96 (2), and in particular Article 5 thereof,
Whereas, when verifying the weight by volumetric measuring, account should also be taken of any differences in the rates of various impurities compared with the rate observed during weighing;
Whereas the minimum criteria for intervention are important instruments for conducting policy to improve the quality of Community production; whereas production quality will become more and more important in a market increasingly open and competitive;
Whereas, in the case of durum wheat, the rate of loss of vitreous aspect is determined for the yield in groats and meal, the main products processed from this cereal; whereas to facilitate the disposal of the intervention product to processing industries in cases of resale on the internal market, this rate of loss of vitreous aspect should be adjusted;
Whereas in the case of rye, there has been an appreciable increase in production and disproportionate deliveries to intervention, given the share of rye production in cereal production as a whole;
Whereas it is recognised that the deliveries to intervention involve primarily fodder rye; whereas this trend should be counteracted by setting the minimum criteria at a level closer to bread-making quality;
Whereas, with a view to balance, the minimum quality for common wheat should also be adjusted;
Whereas Commission Regulation (EEC) No 689/92 (3), as last amended by Regulation (EC) No 23/98 (4), fixes the conditions for the taking over of cereals into intervention; whereas it is therefore necessary to amend this Regulation;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit laid down by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 689/92 is amended as follows:
1. the first indent in the second subparagraph of Article 3(6)(b) is replaced by:
'- the rate to be recorded shall be that entered in the stock records, adjusted, where appropriate, to take account of any difference between the moisture content and the rate of various impurities (Schwarzbesatz) recorded at the moment of weighing and those determined on the basis of the representative sample,`;
2. the Annex is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 1998. | [
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COUNCIL DECISION
of 30 May 2005
approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991
(2005/523/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308, in conjunction with Article 300(2), first subparagraph and Article 300(3), first subparagraph thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1)
The International Convention for the Protection of New Varieties of Plants (hereinafter referred to as the UPOV Convention), adopted in Geneva on 19 March 1991, makes available to breeders of new plant varieties an exclusive property right, on the basis of a set of uniform and clearly defined principles.
(2)
The competence of the Community to conclude or accede to international agreements or treaties does not derive only from explicit conferral by the Treaty but may also derive from other provisions of the Treaty and from acts adopted pursuant to those provisions by Community institutions.
(3)
The subject matter of the UPOV Convention falls also within the scope of existing Community regulations in this field.
(4)
It follows that the approval of the UPOV Convention is a matter for both the Community and its Member States.
(5)
The UPOV Convention should be approved on behalf of the Community with regard to matters within its competence,
HAS DECIDED AS FOLLOWS:
Article 1
1. The revised text of the UPOV Convention is hereby approved on behalf of the Community with regard to matters within its competence.
2. The revised text of the UPOV Convention and a Declaration of the European Community are attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person or persons empowered to deposit, on behalf of the Community, the instrument of accession with the Secretary-General of the Union for the Protection of New Varieties of Plants.
Article 3
The Community will pay, on a voluntary basis, a contribution for each budgetary period, with a number of contribution units and under conditions, which are specified in the declaration contained in the Annex, and within the limits set for this purpose within the general budget of the Community.
Done at Brussels, 30 May 2005. | [
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COUNCIL REGULATION (EC) No 1590/96 of 30 July 1996 fixing the basic price, and the seasonal adjustments to the basic price, for sheepmeat for the 1997 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat (1), and in particular Article 3 (1) and (2) thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas the basic price must be fixed in accordance with the criteria laid down in Article 3 (2) of Regulation (EEC) No 3013/89;
Whereas the basic price for sheep carcases is fixed, account should be taken of the objectives of the common agricultural policy; whereas the main objectives of the common agricultural policy are, in particular, to guarantee a fair standard of living for the farming community and to ensure that supplies are available and that they reach consumers at reasonable prices; whereas these factors result in the price for the 1997 marketing year being fixed at the level laid down in this Regulation;
Whereas the weekly seasonally adjusted amounts applicable to the basic price should be fixed in the light of experience gained during the 1991, 1992, 1993, 1994 and 1995 marketing years concerning private storage,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1997 marketing year, the basic price for sheepmeat is hereby fixed at ECU 504,07 for 100 kg carcase weight.
Article 2
The basic price referred to in Article 1 is hereby seasonally adjusted in accordance with the table set out in the Annex to this Regulation.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply from the beginning of the 1997 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 1996. | [
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COMMISSION REGULATION (EC) No 2220/95 of 19 September 1995 repealing Regulation (EC) No 1304/95 concerning the stopping of fishing for mackerel 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 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 21 (3) thereof,
Whereas Commission Regulation (EC) No 1304/95 (2) stopped fishing for mackerel in the Faroese waters by vessels flying the flag of Denmark or registered in Denmark as from 23 March 1995;
Whereas Denmark corrected the catch figures and the corrected figures show that the quota has not in fact been exhausted; whereas fishing for mackerel in the Faroese waters by vessels flying the flag of Denmark or registered in Denmark should therefore be permitted; whereas consequently it is necessary to repeal Regulation (EC) No 1304/95,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EC) No 1304/95 is hereby repealed.
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 September 1995. | [
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*****
COMMISSION DECISION
of 7 March 1990
approving the draft measures presented by Italy for implementation of Article 3b of Regulation (EEC) No 857/84 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector
(Only the Italian text is authentic)
(90/123/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Regulation (EEC) No 804/68 (1), as last amended by Regulation (EEC) No 3880/89 (2), and in particular the second subparagraph of Article 3b (1) thereof,
Whereas the abovementioned provision stipulates that Member States are to notify to the Commission their draft national measures for the implementation of the said Article 3b and that these must first be approved by the Commission;
Whereas the draft measures notified by Italy on 8 February 1990 should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The draft measures for implementation in Italy of Article 3b of Regulation (EEC) No 857/84, which provide for assignment to newly installed producers of special reference quantities, where appropriate increased by a uniform percentage for producers newly installed in areas as defined in Article 3 (3), (4) and (5) of Council Directive 75/268/EEC (3), as last amended by Regulation (EEC) No 797/85 (4), are hereby approved.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 7 March 1990. | [
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Commission Decision
of 22 July 2003
amending Decision 2002/79/EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China
(notified under document number C(2003) 2602)
(Text with EEA relevance)
(2003/550/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(1), and in particular Article 10(1) thereof,
After consulting the Member States,
Whereas:
(1) Commission Decision 2002/79/EC of 4 February 2002 imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China(2), as last amended by Decision 2002/678/EC(3), provides for a review of that Decision by 31 December 2002.
(2) The results of random sampling and analysis of consignments of peanuts originating in or consigned from China indicate that there is a continuing need for the special conditions set out in Decision 2002/79/EC in order to provide a sufficient level of protection of public health within the Community.
(3) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4) provides for the establishment of the rapid alert system for food and feed (RASFF).
(4) In the interests of public health, Member States should provide the Commission with periodical reports of all analytical results of official controls carried out in respect of consignments of peanuts and products derived from peanuts originating in or consigned from China. Such reports should be in addition to the notification obligation under the rapid alert system for food and feed.
(5) At the request of certain Member States, it is appropriate to update the list of points of entry through which the products covered by Decision 2002/79/EC may be imported into the Community. For the sake of clarity, that list should be replaced.
(6) Decision 2002/79/EC should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2002/79/EC is amended as follows:
1. Article 1 is amended as follows:
(a) Article 1(5) is replaced by the following:
"5. The competent authorities in each Member State shall undertake at random sampling of the consignments of peanuts and certain products derived from peanuts originating in or consigned from China for analysis of aflatoxin B1 and total aflatoxin.
Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of peanuts and certain products derived from peanuts originating in or consigned from China. This report shall be submitted during the month following each quarter(5).";
(b) Article 1(6) is amended as follows:
at the end of the second sentence, the words "for a maximum of 10 working days" are replaced by "for a maximum of 15 working days";
(c) the following paragraph 7 is added:
"7. In case a consignment is split, copies of the health certificate and accompanying documents referred to in paragraphs 1 and 6 and certified by the competent authority of the Member State on whose territory the splitting has taken place, shall accompany each part of the split consignment.";
2. Article 2 is replaced by the following:
"Article 2
This Decision shall be kept under review in the light of information and guarantees provided by the competent authorities of China and on the basis of the results of the tests carried out by Member States in order to assess whether the special conditions set out in Article 1 provide a sufficient level of protection of public health within the Community. The review shall also assess whether there is a continuing need for those special conditions.";
3. Annex II is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 22 July 2003. | [
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COMMISSION DECISION of 30 July 1996 concerning State aid to Werkstoff-Union GmbH, Lippendorf (Saxony) (Only the German text is authentic) (97/124/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 4 (c) thereof,
Having regard to Commission Decision No 3855/91/ECSC of 27 November 1991 establishing Community rules for aid to the steel industry (1), and in particular Articles 1, 5 and 6 thereof,
Having given notice, in accordance with Article 6 (4) of that Decision, to the other Member States and the parties concerned to submit their comments,
Whereas:
I
On 17 January 1995 the Commission decided to initiate the procedure pursuant to Article 6 (4) of Decision No 3855/91/ECSC (hereinafter referred to as 'the SAC`) with respect to an investment subsidy of DM 46 million, a fiscal concession of DM 17,13 million, deficiency guarantees of 62 % of DM 178,3 million and of 62 % of DM 7 million for investments, as well as deficiency guarantees of 65 % of DM 25 million and of 65 % of DM 20 million for operating materials. Those financial measures were taken in respect of an investment of DM 285 million.
Germany was informed of that decision by letter of 2 February 1995, which was published in the Official Journal of the European Communities (2).
Germany reacted by letter of 14 March 1995, claiming that:
- the technical and business orientation of Werkstoff-Union GmbH is the production of non-ferrous metal products made of nickel, nickel alloys and special alloys, and not to the production of ECSC products,
- it is expected that in the years 1995 to 1998 ECSC special steel will have to be produced in diminishing quantities. After five years this output will account for less than 1 % of turnover and 5 % of total quantities produced, i.e. approximately 2 000 tonnes,
- the capital goods, especially those used for smelting, are intended for the production of non-ferrous materials of the highest quality, yielding proceeds of DM 20 000 per tonne,
- a vacuum arc furnace, a vacuum multiple-chambered furnace and two installations for the resmelting of electroslag of 1,2 to 7-tonne charge feed are not suitable for the economical production of special steel,
- the plant for shaping by hydraulic forging press and rolling mill, and the machinery for tempering, descaling and polishing, match the needs of the highly specialized producers of non-ferrous metals.
Only after satisfying itself that the investment was destined for a production plant for high-quality non-ferrous metal did the Land of Saxony agree to the aids, and this is why Germany did not notify them pursuant to the SAC.
The company puts forward the following arguments to justify the need for a temporary, proportionate production of quality steels:
- the company has no experience in the production of non-ferrous metals and therefore needs an introductory phase,
- the technical installations also need a running-in period,
- the plant and its products have to be certified.
Because the company intends to produce non-ferrous goods of the highest quality for the international market, Germany is of the opinion that the aids are not subject to the SAC. The fact that in the first four years of business ECSC special steel is to be produced in small quantities does not make Werkstoff-Union GmbH into a steel company, nor does it lead to the application of the SAC.
The Commission received the following observations from third parties:
- on 27 November 1995 a letter from a steel company, stating that Werkstoff-Union GmbH is producing ECSC products and that the technical configuration allows the company to do so. Furthermore, the aid should have been notified before 30 June 1994, but was not. Lastly, the regional aids allowed pursuant to Article 5 of the SAC are permissible only for the modernization of existing companies and not for the creation of new ones,
- on 27 November 1995 a letter from another steel company, claiming that Werkstoff-Union GmbH would produce mainly ECSC products, namely stainless steel and special steels, for which the Community market is less than 300 kt/year. The capacity of Werkstoff-Union GmbH would suffice to meet 17 to 20 % of Community consumption, and this might make it the leading producer in Europe. Furthermore, it recalls that no notification was effected before 30 June 1994 and that regional investment aid could be deemed compatible only prior to 31 December 1994,
- on 9 November 1995 a letter from an association of steel producers, arguing that the aids were contrary to Article 4 (c) of the ECSC Treaty and that Werkstoff-Union GmbH was in competition with members of the association,
- on 22 November 1995 a letter from a producer of nickel alloys, claiming that the capacity available to Werkstoff-Union GmbH was sufficient to dominate nickel-alloy bar production in Europe, and that the relatively small market (5 000 to 10 000 tonnes per year) was already experiencing a surplus of capacity,
- on 24 November 1995 a letter from another association of steel producers, contending that, on its own admission, Werkstoff-Union GmbH planned to produce and sell semi-finished products, stainless steel bars and steel alloys, in other words, ECSC products. Furthermore, it points out that Article 5, third indent, sought to facilitate the restructuring of the steel industry in the new Länder but not to promote the construction of new plant. Aids already paid out should be reclaimed and all guarantees constitute aid,
- on 28 November 1995 a letter from the Permanent Representation of a Member State at the European Union, stating that the products of Werkstoff-Union GmbH fell within the ambit of the ECSC Treaty and that new capacity had been created with the help of aid,
- on 30 November 1995 a letter from a steel company arguing that Werkstoff-Union GmbH could obtain a 10 % market share in nickel products and that for that purpose it would need a capacity of 3 300 t/y. Since the capacity of the electric arc furnace was 48 000 t/y, the annual capacity for the production of ECSC products would stand at 44 700 t/y,
- a letter from a competitor, which was only recorded on 5 December 1995 and therefore fell outside the deadline for submissions.
Those observations were sent to the German authorities by letter of 15 January 1996, but no formal reply has been given. By letters of 9 and 29 February and 30 March 1996, Germany asked for an extension of the deadline to reply to the observations of the third parties. The reason for the request was that Werkstoff-Union GmbH's premises had been occupied by the workers. By telefax of 19 June 1996 Germany was informed that the Commission was awaiting observations within five working days and that the Commission would take a final decision even if no formal statement was received.
By letter of 16 July 1996, registered on 17 July 1996, Germany informed the Commission of the application by Werkstoff-Union GmbH on 5 March 1996 for the opening of bankruptcy proceedings (Gesamtvollstreckung) and of the order of the Court of Leipzig of the same day to effect sequestration. The Commission was also informed that Werkstoff-Union GmbH had ceased production on 5 March 1996.
For the information of the Commission, Germany attached to its telefax of 16 July 1996 a position paper from Werkstoff-Union GmbH, which contained, inter alia, the information that the bankruptcy proceedings had commenced on 1 May 1996.
Germany was either unable or unwilling to submit the paper as its own official comment to the Commission. It merely transmitted to the Commission the company's letter for information purposes, without adopting as its own, expressly or implicitly, the views expressed therein. Consequently, for the purposes of these proceedings, the document cannot be regarded as representing the position taken by Germany.
The decision to open the procedure is addressed to the Member State in question. The beneficiary of the aid - Werkstoff-Union GmbH in this case - is an interested third party, entitled to submit its observations within one month of the date of publication of the decision in the Official Journal of the European Communities. As was stated above, the decision was published on 27 November 1995. The position paper from Werkstoff-Union GmbH reached the Commission only on 17 July 1996, which is clearly too late. Accordingly, the position paper from Werkstoff-Union GmbH, transmitted to the Commission, has to be disregarded.
II
The investments made by Werkstoff-Union GmbH serve to create capacity to produce products that fall under the ECSC Treaty. This capacity includes the smelting of steel, the continuous casting of semi-finished products and the rolling of bars.
Apart from the fact that Werkstoff-Union GmbH has acquired ECSC production capacity as a result of State-induced investments, Germany's letter of 14 March 1995 reveals that it was expected that Werkstoff-Union GmbH would produce ECSC special steel between 1995 and 1998, albeit at a modest level. The Commission does not agree with Germany about the scale of that production. By letter of 14 December 1994 Germany informed the Commission of the projections of the company as to production from 1995 to 1999. In 1995 it expected to produce 12 000 t, in 1996 20 000 t, in 1997 19 000 t, in 1998 14 000 t, and in 1999 2 000 t of special steel. The proportion of non-ECSC special steel in these figures could not be accurately estimated. On the basis of the figures and the mere possibility that non-ECSC special steel might be produced, the Commission regards the expected production levels of ECSC steel as significant.
In its customer brochure Werkstoff-Union GmbH lists in its range of products, continuous cast billets, ingots, slabs, rolled long products in sizes from 40 to 140 mm and sheet bars, that is to say, products listed in Annex I to the ECSC Treaty.
Werkstoff-Union GmbH declares its production of ECSC products to the Commission on a quarterly basis and pays levies pursuant to Article 49 of the ECSC Treaty.
As a consequence of the above it must be concluded that Werkstoff-Union GmbH is an ECSC undertaking within the meaning of Article 80 of the ECSC Treaty and that the aid granted by Germany is caught by the general prohibition of aid laid down in Article 4 (c) thereof.
On the basis of the SAC certain aid measures may be deemed compatible with the common market for steel. Articles 2, 3 and 4 of the SAC cannot be considered, since the aid is not intended to finance R& D, environmental protection or closures.
Article 5 of the SAC provides that aid granted to steel undertakings for investment under general regional aid schemes may until 31 December 1994 be deemed compatible with the common market, provided that the aided undertaking is located in the territory of the former German Democratic Republic, and that the aid is accompanied by a reduction in the overall production capacity of that territory.
Article 5 of the SAC has to be read in conjunction with Section II of its preamble. In the fourth paragraph of Section II it is declared that regional investment aids are exceptional in nature and that there would be no justification in maintaining them beyond the appropriate period for the modernization of steel plants, which is set at three years. The application of Article 5 was limited in time because the aim it should facilitate, namely the modernization of existing steel plants, would not take more than a certain period of time. It is therefore clear that aid for investment within the meaning of Article 5 must mean aid for modernizing existing steel plants and not for the creation of new ECSC production capacity.
Furthermore, after 31 December 1994, Articles 1 (1) and 5 of the SAC allow no further possibility for declaring regional investment aid for steel undertakings in Germany compatible with the common market for steel, regardless of whether the aid would have been authorizable had it been notified in time.
The aid for investment has been given in the form of an investment subsidy of DM 46 million, a fiscal concession of DM 17,13 million, one deficiency guarantee amounting to 62 % of a sum of DM 178,3 million and another deficiency guarantee amounting to 62 % of DM 7 million. The investment subsidy and the tax concession both constitute State aid as they involve a distribution of State resources to the recipient and an undertaking by the State not to collect taxes up to the amount of the concession. The deficiency guarantees contains State aid. In its letter SG(89) D/4328 of 5 April 1989 the Commission informed the Member States that it regarded all guarantees given by the State direct or granted on the State's delegation via financial institutions as falling within the scope of Article 92 (1) of the EC Treaty. There is no valid reason to take a different attitude when applying the ECSC Treaty and law derived from it. Germany has not produced any evidence to show that those guarantees do not actually include State aid or that they would qualify for exemption under the SAC.
Since the investment was aimed at the creation of new capacity and not at modernizing an existing plant, those aids are not protected by Article 5 of the SAC from the application of Article 4 (c) of the ECSC Treaty. Furthermore, even if Article 5 of the SAC did sanction the aids, the Commission cannot declare the aids to be compatible with the common market because Articles 1 and 5 of the SAC do not admit of such compatibility after 31 December 1994.
Consequently the investment aids are caught by the prohibition of Article 4 (c) of the ECSC Treaty.
The deficiency guarantees amounting to 65 % of DM 25 million and 65 % of DM 20 million for operating equipment (Betriebsmittel) contain State aid. No argument has been presented by Germany that could point to any other conclusion. This aid is caught by the prohibition of Article 4 (c) of the ECSC Treaty since the SAC does not allow aid for operating purposes.
III
The aid described above has been granted without the requisite prior authorization of the Commission; as a consequence, it has to be deemed illegal. The aid is incompatible with the orderly functioning of the common market according to Article 1 (1) of the SAC and is prohibited by Article 4 (c) of the ECSC Treaty. It therefore has to be recovered,
HAS ADOPTED THIS DECISION:
Article 1
The investment subsidy of DM 46 million, the fiscal concession of DM 17,13 million and the aid-element contained in the deficiency guarantees of, respectively, 62 % of a sum of DM 178,3 million and 62 % of a sum of DM 7 million, and also in the deficiency guarantees, respectively, of 65 % of a sum of DM 25 million and 65 % of a sum of DM 20 million, granted illegally by the Land of Saxony to the ECSC steel undertaking Werkstoff-Union GmbH, constitute State aid incompatible with the common market and prohibited under the ECSC Treaty and Decision No 3855/91/ECSC.
Article 2
Germany shall recover the aid from the recipient company. Repayment shall be made in accordance with the procedures and provisions of German law, with interest, based on the interest rate used as reference rate in the assessment of regional aid schemes, starting to run from the date on which the aid was granted.
Article 3
Germany shall inform the Commission, within two months of being notified of this Decision, of the measures taken to comply therewith.
Article 4
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 30 July 1996. | [
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