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COMMISSION DECISION
of 27 October 2006
not to publish the reference of standard EN 13683:2003 ‘Garden equipment - Integrally powered shredders/chippers - Safety’ in accordance with Directive 98/37/EC of the European Parliament and of the Council
(notified under document number C(2006) 5060)
(Text with EEA relevance)
(2006/732/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery (1), and in particular Article 6(1) thereof,
Having regard to the opinion of the Standing Committee established by Article 5 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (2),
Whereas:
(1)
Where a national standard transposing a harmonised standard, the reference of which has been published in the Official Journal of the European Union, covers one or more essential health and safety requirements set out in Annex I to Directive 98/37/EC, the machine built in accordance with this standard is presumed to meet the essential requirements concerned.
(2)
Pursuant to Article 6(1) of Directive 98/37/EC, Germany lodged a formal objection in respect of standard EN 13683:2003, adopted by the European Committee for Standardisation (CEN) on 8 September 2003, the reference of which has not yet been published in the Official Journal of the European Union.
(3)
Having examined standard EN 13683:2003, the Commission has established that it fails to meet essential health and safety requirements 1.1.2.(c) (principles of safety integration), 1.3.8 (choice of protection against risks related to moving parts) and 1.4.1 (general requirements for guards and protection devices) of Annex I to Directive 98/37/EC. First, the specifications set out in clauses 5.2.1.1 and 5.2.1.2 of the standard on preventing access to the cutting blade from the feed side and from above are not sufficient to avoid contact with the blade. It is possible to remove jammed cuttings whilst the appliance is running and for the hand to come into contact with the cutting blade in doing so. Second, the specifications set out in clause 5.2.2 of the standard on preventing access to the cutting blade from the discharge chute from below are not sufficient. The dimensions of the discharge chute are such that an adult hand could come into contact with the cutting blade.
(4)
The references of standard EN 13683:2003 should therefore not be published in the Official Journal of the European Union,
HAS ADOPTED THIS DECISION:
Article 1
The references of standard EN 13683:2003 ‘Garden equipment - Integrally powered shredders/chippers - Safety’ shall not be published in the Official Journal of the European Union.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 October 2006. | [
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DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2009
amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework - Financing projects in the field of energy in the context of the European Economic Recovery Plan
(2009/1005/EU)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (1), and in particular to points 21, 22, first and second paragraphs, and 23 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
At the budgetary conciliation meeting of 18 November 2009 the European Parliament, the Council and the Commission agreed on the modalities for providing additional financing, in the framework of the European Economic Recovery Plan, to projects in the field of energy and broadband Internet as well as investments for strengthening operations related to the ‘new challenges’ defined in the context of the assessment of the 2003 mid-term reform of the common agricultural policy (‘Health Check’) (2). The financing requires a revision of the multiannual financial framework 2007-2013 in accordance with points 21, 22, and 23 of the Interinstitutional Agreement, so as to raise the ceiling for the year 2010 for commitment appropriations under subheading 1a by an amount of EUR 1 779 million in current prices.
(2)
The increase of the ceiling for subheading 1a for the year 2010 will be fully offset by decreasing the ceilings for commitment appropriations under headings 1a, 1b, 2, 3a and 5 for the year 2009 as well as the ceilings for commitment appropriations under headings 1a, 2 and 5 for 2010.
(3)
In order to keep an appropriate relationship between commitments and payments, the annual ceilings for payment appropriations will be adjusted. The adjustment will be neutral.
(4)
Annex I of the Interinstitutional Agreement on budgetary discipline and sound financial management should therefore be amended accordingly (3),
HAVE DECIDED AS FOLLOWS:
Sole Article
Annex I to the Interinstitutional Agreement on budgetary discipline and sound financial management is replaced by the Annex to this Decision.
Done at Strasbourg, 17 December 2009. | [
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*****
COUNCIL REGULATION (EEC) No 1991/88
of 30 June 1988
amending Regulation (EEC) No 3568/83 on the fixing of rates for the carriage of goods by road between Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the fixing of rates and conditions for the carriage of goods by road between Member States is currently governed by Council Regulation (EEC) No 3568/83 of 1 December 1983 on the fixing of rates for the carriage of goods by road between Member States (4);
Whereas, pursuant to Article 20 thereof, that Regulation expires on 31 December 1988 and the Council must therefore decide on the subsequent arrangements applicable to rates and conditions for the said carriage;
Whereas rapid development is taking place in the organization of the market for the carriage of goods by road;
Whereas in order to ensure the continuity of the Community policy on tariffs, the period of validity of Regulation (EEC) No 3568/83 should be extended until 31 December 1989; whereas the time limit for decision by the Council on the future system of prices and conditions for this sector should, in consequence, be extended until 31 December 1988,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3568/83 is hereby amended as follows:
1. in the second paragraph of Article 20, '31 December 1988' is replaced by '31 December 1989';
2. in the third paragraph of Article 20, '31 December 1987' is replaced by '31 December 1988'.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 30 June 1988. | [
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Commission Regulation (EC) No 463/2002
of 14 March 2002
fixing the maximum export refund on rye in connection with the invitation to tender issued in Regulation (EC) No 1005/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 602/2001(4), and in particular Article 7 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of rye to all third countries was opened pursuant to Commission Regulation (EC) No 1005/2001(5).
(2) Article 7 of Regulation (EC) No 1501/95 provides that the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.
(3) The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 8 to 14 March 2002, pursuant to the invitation to tender issued in Regulation (EC) No 1005/2001, the maximum refund on exportation of rye shall be EUR 37,75/t.
Article 2
This Regulation shall enter into force on 15 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 March 2002. | [
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Regulation (EC) No 1485/2001 of the European Parliament and of the Council
of 27 June 2001
amending Council Regulation (EEC) No 2158/92 on protection of the Community's forests against fire
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Since the rural communities, in particular foresters and stock farmers, who are the main trustees of Europe's forest heritage, and in particular their professional organisations, play a fundamental role in drawing up regional fire prevention action plans, in practising preventive silviculture and as first-line firefighters, it is important to create the conditions for the effective participation of these people in the protection of European forests against this abiotic agent.
(2) The period of application of Regulation (EEC) No 2158/92(4) expired on 31 December 1996. The said Regulation was amended by Council Regulation (EC) No 308/97(5). In its judgment of 25 February 1999 in Joined Cases C-164/97 and C-165/97(6) the Court of Justice of the European Communities annulled Council Regulation (EC) No 308/97 but preserved its legal effects pending the adoption of a new Regulation which replaces the Regulation annulled. In order to guarantee legal certainty, the validity of the measures taken in application of the annulled Regulation should be ensured.
(3) Forests play an essential part in maintaining fundamental balances, particularly as regards the soil, water resources, climate, flora and fauna. Those ecological balances are indispensable for sustainable agriculture and the management of rural areas.
(4) The importance of the Mediterranean forests in the ecosystems of the Member States in the south of the Community, particularly the regions affected by desertification, should be taken into account.
(5) The conservation of the forest ecosystem reflects economic, ecological and social concerns and contributes, in particular, towards maintaining the social situation of those people working in agriculture and in rural areas.
(6) The Community and the Member States attach particular importance to the protection of their forest resources and have given international undertakings on the sustainable development of forests and the protection of forest regions, in particular during the United Nations World Conference on the Environment and Development in Rio de Janeiro in 1992 and at the three pan-European Ministerial Conferences on the Protection of European Forests in Strasbourg in 1990, in Helsinki in 1993 and in Lisbon in 1998. The Community scheme provided for by Regulation (EEC) No 2158/92 helps to fulfil those undertakings.
(7) Pursuant to Regulation (EEC) No 2158/92, sixty million hectares of forest, equivalent to about one half of Europe's forests, have been classified as fire-risk zones.
(8) Fires continue to restrict the sustainable development of forests in fire-risk zones.
(9) The protection of forests against fire therefore contributes directly to the achievement of the aims set out in Article 33(1)(b) of the Treaty.
(10) The Community system of information on forest fires established under Article 5 of Regulation (EEC) No 2158/92 has permitted the development of Community cooperation on forest fires. The development of that system will provide an effective instrument for better evaluating forest-fire protection measures and for better analysing the causes of fires.
(11) The scheme provided for by Regulation (EEC) No 2158/92 should therefore be continued, in particular to strengthen the consistency of forest measures financed in fire-risk zones, to reinforce the fight against the causes of fires and to improve prevention and monitoring systems and its duration extended for five years, thus bringing its period of application to ten years from 1 January 1992.
(12) The measures necessary for the implementation of Regulation (EEC) No 2158/92 should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).
(13) This Regulation establishes for the entire duration of the measure a financial framework which is to be the principal point of reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(8), for the budgetary authority under the annual budgetary procedure.
(14) Regulation (EEC) No 2158/92 should accordingly be amended,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2158/92 is hereby amended as follows.
1. Articles 9 and 10 shall be replaced by the following: "Article 9
1. The Commission shall be assisted by the Standing Forestry Committee (hereinafter referred to as 'the Committee').
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
Article 10
1. The scheme shall run for ten years from 1 January 1992.
2. The financial allocation for the implementation of the scheme shall be EUR 49,4 million for the period 1997 to 2001.
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. Before expiry of the period referred to in paragraph 1, the Commission shall submit to the European Parliament and to the Council a report on the application of this Regulation and a proposal for revision covering in particular the ecological, economic and social aspects (qualitative assessment) and the results of a cost-benefit analysis (quantitative assessment).".
2. In Article 2(5), Article 4(4) and Article 5(3) the words "procedure laid down in Article 9" shall be replaced by "procedure laid down in Article 9(2)".
Article 2
Any reference to a measure taken in application of Regulation (EC) No 308/97 shall be taken as a reference to a measure taken in application of this Regulation from the day of the latter's entry into force.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 27 June 2001. | [
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COMMISSION REGULATION (EC) No 2513/98 of 20 November 1998 amending Regulation (EC) No 1501/95 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
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 13(11) thereof,
Whereas, pursuant to Commission Regulation (EC) No 1501/95 (3), as last amended by Regulation (EC) No 2094/98 (4), in order to calculate the export refunds on processed products, the processing coefficients applicable must be known; whereas those coefficients are in fact the figures set out in Annex I to that Regulation; whereas, in view of technical progress in the sector, the figures laid down for unroasted and roasted malt need to be adjusted; whereas Regulation (EC) No 2094/98 updates those coefficients;
Whereas the new coefficients are applicable from 1 September 1998; whereas, however, for export licences for malt used in September the coefficients valid before the change provided for in that Regulation continue to apply for the purpose of calculating the monthly increase;
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
'1 300` and '1 520` in the last column of Annex I to Regulation (EC) No 1501/95 for malt, not roasted, covered by CN codes 1107 10 19 and 1107 10 99 and malt, roasted, covered by CN code 1107 20 00 are replaced by '1 270` and '1 490` respectively.
Article 2
Regulation (EC) No 2094/98 is repealed.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 September 1998.
However, for export licences used between 1 and 30 September 1998, the amount of the monthly increase shall be calculated on the basis of the processing coefficients valid before 1 September 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 1998. | [
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*****
COUNCIL REGULATION (EEC) No 870/85
of 26 March 1985
amending Regulation (EEC) No 729/70 concerning the financial framework of the Guidance Section of the European Agricultural Guidance and Guarantee Fund (EAGGF)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas it seems desirable to fix as a guide for action by the Community institutions a five-yearly financial framework to implement the policy for the improvement of agricultural structures over a five-year period from 1 January 1985, subject to additional decisions to be taken by the Council acting in accordance with the procedure laid down in Article 43 of the Treaty for the common measures referred to in Article 6 (2) of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (3), as last amended by Regulation (EEC) No 3509/80 (4);
Whereas, as regards appropriations for the Guidance Section relating to expenditure which is not compulsory under the Treaty or acts adopted pursuant thereto, the said financial framework is to be regarded as indicative multiannual programming;
Whereas the annual amount of appropriations actually available to the Guidance Section should be fixed through the budgetary procedure,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 6 of Regulation (EEC) No 729/70, paragraph 5 is replaced by the following:
'5. From 1 January 1985, the five-yearly financial framework of financial assistance which may be charged to the Guidance Section of the Fund shall be decided on by the Council acting on a Commission proposal in accordance with the procedure laid down in the third subparagraph of Article 43 (2) of the Treaty. The part of the financial framework relating to appropriations intended to cover expenditure which is not compulsory under the Treaty or acts adopted pursuant thereto is to be regarded as indicative multiannual programming. The exact amount of appropriations to be entered shall be fixed annually through the budgetary procedure on the basis of the volume of expenditure to be financed under the common measures and special measures for that year.
The five-yearly financial framework may be increased by the Council acting in accordance with the procedure laid down in the third subparagraph of Article 43 (2) of the Treaty for the common measures provided for in Article 6 (2) of this Regulation.
If the Council does not fix a new financial framework before the end of the current five-year period, the financial framework valid for the latter period, with any increase made under the preceding subparagraph, shall continue to apply for the following period.'
Article 2
Article 6c of Regulation (EEC) No 729/70 is replaced by the following:
'Article 6c
Pursuant to the first subparagraph of Article 6 (5), the five-yearly financial framework of the total amount of financial assistance which may be charged to the Guidance Section of the Fund for the period 1985 to 1989 amounts to 5 250 million ECU.'
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 March 1985. | [
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COUNCIL DECISION
of 18 February 2008
on the conclusion of the Agreement between the European Community and the Government of Georgia on certain aspects of air services
(2008/189/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof and Article 300(3), first subparagraph,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
By a decision of 5 June 2003 the Council has authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements by a Community agreement.
(2)
The Commission has negotiated on behalf of the Community an agreement with Georgia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.
(3)
The Agreement has been signed on behalf of the Community subject to its possible conclusion at a later date, in accordance with Council Decision 2006/357/EC (2).
(4)
The Agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Community and the Government of Georgia on certain aspects of air services is approved on behalf of the Community.
Article 2
The president of the Council is authorised to designate the person empowered to make the notification provided in Article 8.1 of the Agreement.
Done at Brussels, 18 February 2008. | [
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COMMISSION REGULATION (EC) No 468/2007
of 26 April 2007
fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 september 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2)
Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EC) No 1784/2003 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds.
(3)
That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.
(4)
Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.
(5)
The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.
(6)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the compound feedingstuffs covered by Regulation (EC) No 1784/2003 and subject to Regulation (EC) No 1517/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 27 April 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 April 2007. | [
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COMMISSION DECISION
of 29 August 2006
allocating the amounts resulting from the modulation provided for in Article 10 of Council Regulation (EC) No 1782/2003 to the Member States for the years 2006 to 2012
(notified under document number C(2006) 3839)
(2006/588/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular the first subparagraph of Article 10(3) thereof,
Whereas:
(1)
Commission Decision 2006/410/EC (2) sets the amounts which, as a result of applying the reductions in direct payments provided for in Article 10(2) of Regulation (EC) No 1782/2003 for the years 2006 to 2012 are available to the European Agricultural Fund for Rural Development (EAFRD) for the financial years 2007 to 2013.
(2)
The first subparagraph of Article 10(3) of Regulation (EC) No 1782/2003 lays down the criteria for allocating the amounts resulting from the modulation provided for in paragraph 1 of that Article.
(3)
Article 78 of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3) lays down the allocation key for sharing these amounts among the Member States using the criteria laid down in Article 10(3) of Regulation (EC) No 1782/2003.
(4)
The second subparagraph of Article 10(3) of Regulation (EC) No 1782/2003 also specifies that the Member State is to receive at least 80 % of the amounts which the modulation has generated in that Member State, and Article 10(4) stipulates that this percentage can go up to at least 90 % for Member States whose rye production was substantial during the period 2000-2002.
(5)
On the basis of these criteria, the Member States should be allocated the amounts for the years 2006 to 2012 resulting from the modulation provided for in Article 10(1) of Regulation (EC) No 1782/2006, taking into account the deduction provided for in paragraph 2 of that Article.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Direct Payments,
HAS ADOPTED THIS DECISION:
Article 1
Under Article 10 of Regulation (EC) No 1782/2003, the amounts for the years 2006 to 2012 resulting from modulation shall be allocated to the Member States in accordance with the table in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 August 2006. | [
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COMMISSION REGULATION (EC) No 2860/94 of 25 November 1994 amending Regulation (EEC) No 606/86 laying down detailed rules for applying the supplementary trade mechanism to milk products imported into Spain from the Community of Ten and Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 83 (1) thereof,
Having regard to Council Regulation (EEC) No 3817/92 of 28 December 1992 laying down general rules for applying the supplementary trade mechanism (1), applicable to deliveries to Spain of products other than fruit and vegetables, and in particular
Article 9
thereof,
Having regard to Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal (2), as last amended by Regulation (EEC) No 3296/88 (3), and in particular the first subparagraph of Article 5 (1) thereof,
Whereas, pursuant to the Act of Accession of Spain and Portugal, indicative ceilings should be set for 1995 for imports into Spain from the Community of Ten and from Portugal; whereas, given the potential for exports from the Community of Ten and from Portugal and in order to continue to open up the Spanish market gradually, the said ceilings should be increased by 5 %; whereas to this end the Annex to Commission Regulation (EEC) No 606/86 (4), as last amended by Regulation (EC) No 3394/93 (5), should be replaced by the Annex hereto;
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 606/86 is hereby amended as follows:
1. in Article 1 (1) '1994' is replaced by '1995';
2. the Annex is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 1994. | [
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Commission Regulation (EC) No 574/2002
of 3 April 2002
amending Regulation (EC) No 416/2002 adopting exceptional support measures for the pigmeat market in Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat(1), as last amended by Regulation (EC) No 1365/2000(2), and in particular Article 20 thereof,
Whereas:
(1) In response to the outbreak of classical swine fever in certain production regions in Spain, Commission Regulation (EC) No 416/2002(3) adopted exceptional support measures for the pigmeat market in Spain.
(2) Following the appearance of new cases of classical swine fever in Spain, the Spanish authorities established new protection and surveillance zones on 12 March 2002. The list of eligible zones given in Annex II to the Regulation concerned should therefore be updated in the light of the current veterinary situation from 15 March 2002.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EC) No 416/2002 is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 15 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 April 2002. | [
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Commission Regulation (EC) No 900/2003
of 22 May 2003
fixing the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 13(2) thereof,
Whereas:
(1) Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund.
(2) The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5).
(3) As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95.
(4) The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(5) The refund must be fixed once a month. It may be altered in the intervening period.
(6) It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EEC) No 1766/92, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 May 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2003. | [
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COMMISSION REGULATION (EC) No 1171/2008
of 26 November 2008
fixing the allocation coefficient to be applied to applications for import licences lodged from 14 to 21 November 2008 under the Community tariff quota for maize opened by Regulation (EC) No 969/2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 969/2006 (3) has opened an annual import tariff quota of 242 074 tonnes of maize (serial number 09.4131).
(2)
Based on the notification made under Article 4(3) of Regulation (EC) No 969/2006, the applications lodged from 14 November 2008 at 13.00 until 21 November 2008 at 13.00 (Brussels time) in accordance with Article 4(1) of that Regulation, relate to quantities in excess of those available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient laid down to be applied to the quantities applied for.
(3)
Import licences should no longer be issued under Regulation (EC) No 969/2006 for the current quota period,
HAS ADOPTED THIS REGULATION:
Article 1
1. Each import licence application for maize under the quota referred to in Regulation (EC) No 969/2006 and lodged from 14 November 2008 at 13.00 until 21 November 2008 at 13.00 (Brussels time) shall give rise to the issue of a licence for the quantities applied for, multiplied by an allocation coefficient of 31,233959 %.
2. The issue of licences for the quantities applied for from 13.00 (Brussels time) on 21 November 2008 is hereby suspended for the current quota period.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 November 2008. | [
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COMMISSION DECISION
of 27 September 2004
amending Commission Decision 2004/145/EC as regards the financial assistance for one Community reference laboratory in the field of veterinary public health (biological risks) in the United Kingdom for the year 2004
(notified under document number C(2004) 3547)
(only the English text is authentic)
(2004/667/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 28(2) thereof,
Whereas:
(1)
Commission Decision 2004/145/EC of 12 February 2004 on financial assistance from the Community for the operation of certain Community reference laboratories in the field of veterinary public health (biological risks) for the year 2004 (2) grants Community financial aid to them to carry out certain functions and duties.
(2)
As part of the annual work programme for 2003, the Community reference laboratory for TSEs at Weybridge, United Kingdom (CRL) has developed on the basis of the analysis of the results of the Community BSE monitoring programme an integrated approach to initial and continuing evaluation of country BSE status which includes an epidemiological model for the assessment of BSE monitoring results of individual countries.
(3)
A workshop with experts of the Member States should be organised to allow Member State experts to learn how to use the model. Due to the complexity of the model and the need for experience both in statistics and veterinary epidemiology, two experts per Member States should be invited. In an initial stage, expert assistance from the CRL might also be needed when Member States are using the model in the assessment of their own surveillance programmes. Therefore the Community financial assistance to the annual work plan of the CRL should be increased to cover the additional costs for this workshop and expert assistance.
(4)
Rules laid down in Commission Regulation (EC) No 156/2004 of 29 January 2004 on the Community’s financial assistance to the Community reference laboratories pursuant to Article 28 of Decision 90/424/EEC (3).
(5)
Decision 2004/145/EC should be amended accordingly.
(6)
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 2004/145/EC is amended as follows:
1.
Article 6, paragraph 2 is replaced by:
‘2. The financial assistance referred to in paragraph 1 shall amount to a maximum of EUR 417 000 for the period 1 January to 31 December 2004.’.
2.
Article 6, paragraph 3 is replaced by:
‘3. The Community’s financial assistance for the organisation of technical workshops shall amount to a maximum of EUR 105 000. Pursuant to Article 4 of Regulation (EC) No 156/2004 and by way of derogation, the laboratory mentioned in paragraph 1 above is entitled to claim financial assistance for attendance at its workshops for up to 50 participants.’.
Article 2
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 27 September 2004. | [
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COMMISSION REGULATION (EC) No 3053/95 of 20 December 1995 amending Annexes I, II, III, V, VI, VII, VIII, IX and XI of Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products 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 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), as last amended by Council Regulation (EC) No 1616/95 (2), and in particular Article 19 in conjunction with Article 17 thereof,
Whereas modifications have been introduced in the combined nomenclature applicable from 1 January 1995;
Whereas a Protocol on trade in textile and clothing products has been concluded by the Community with Estonia;
Whereas an Agreement on trade in certain textile products not covered by the existing bilateral Agreement with the People's Republic of China on textile and clothing products has been concluded by the Community with the People's Republic of China (3);
Whereas following the entry into force of the Treaty on European Union, the name of the European Economic Community changed to European Community;
Whereas new quantitative restrictions on imports of textile products falling under categories 28, 68 and 97 originating in the People's Republic of China have been imposed through Commission Regulation (EC) No 1167/94 (4);Whereas new quantitative restrictions on imports of textile products falling under categories 14, 17 and 29 originating in the People's Republic of China have been imposed through Commission Regulation (EC) No 810/95 (5);
Whereas new quantitative restrictions on imports of textile products falling under categories 23 and 33 originating in the Republic of Indonesia have been imposed through Commission Regulation (EC No 507/95 (6) (category 23) and Commission Regulation (EC) No 1629/94 (7) (category 33);
Whereas a new quantitative restriction on imports of textile products falling under category 28 originating in the Islamic Republic of Pakistan has been imposed through Commission Regulation (EC) No 405/95 (8);
Whereas new quantitative restrictions on imports of textile products falling under categories 23 and 24 originating in the Republic of India have been imposed through Commission Regulation (EC) No 507/95 (9);
Whereas new quantitative restrictions on imports of textile products originating in the Republic of India after outward processing operations in the Republic of India have been established through Commission Regulation (EC) No 1143/95 (10);
Whereas new quantitative restrictions on imports of textile products originating in the People's Republic of China after outward processing operations in the People's Republic of China have been established through Commission Regulation (EC) No 1280/95 (11);
Whereas the Council has decided by Decision 95/131/EC (12) to apply on a provisional basis the agreements negotiated with certain supplier countries to adjust the existing quantitative restrictions to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union;
Whereas following the entry into force of the Uruguay Round Agreement on Textiles and Clothing (13), quantitative restrictions and flexibility provisions agreed between the European Community and Members of the World Trade Organization have to be modified;
Whereas the arrangement with the Republic of India in the area of market access foresees the removal of quantitative restrictions on the importation of certain handloom and folklore products originating in the Republic of India;
Whereas, following the entry into force of the World Trade Organization, it is possible to indicate the name of the countries which are already Members of the World Trade Organization;
Whereas all the above elements make it necessary to amend as of 1 January 1995 the Annexes I, II, III, V, VI, VII, VIII, IX and XI to Regulation (EEC) No 3030/93 to take into account the changes introduced applicable on the importation into the Community of certain textile products originating in certain third countries within the meaning of Article 19 of Regulation (EEC) No 3030/93;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I of Regulation (EEC) No 3030/93 is replaced by Annex I to this Regulation.
Annex II of Regulation (EEC) No 3030/93 is replaced by Annex II to this Regulation.
Annex III of Regulation (EEC) No 3030/93 is replaced by Annex III to this Regulation.
Annex V of Regulation (EEC) No 3030/93 is replaced by Annex IV to this Regulation.
Annex VI of Regulation (EEC) No 3030/93 is replaced by Annex V to this Regulation.
Annex VIa and Table A to Annex VIa of Regulation (EEC) No 3030/93 are repealed.
Annex VII of Regulation (EEC) No 3030/93 is replaced by Annex VI to this Regulation.
Annex VIII of Regulation (EEC) No 3030/93 is replaced by Annex VII to this Regulation.
Annex IX of Regulation (EEC) No 3030/93 is replaced by Annex VIII to this Regulation.
Annex XI of Regulation (EEC) No 3030/93 is replaced by Annex IX to this Regulation.
Article 2
This Regulation shall enter into force the day following the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1995. | [
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COMMISSION REGULATION (EC) No 850/96 of 8 May 1996 deferring the final date for sowing certain arable crops in certain areas in the 1996/97 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), as last amended by Regulation (EC) No 2989/95 (2), and in particular Article 12 thereof,
Whereas Article 10 (2) of Regulation (EEC) No 1765/92 stipulates that, to qualify for the compensatory payments for cereals, protein crops and linseed under the support system for certain arable crops, the producers must have sown the seed at the latest by 15 May preceding the relevant harvest;
Whereas Article 2 (1) (c) and (d) of Commission Regulation (EEC) No 2295/92 of 31 July 1992 on detailed rules for the application of the support system for producers of the protein crops referred to Council Regulation (EEC) No 1765/92 (3), as last amended by Regulation (EC) No 3347/93 (4), fixes 15 May as the final date for sowing protein crops;
Whereas Commission Regulation (EC) No 918/95 of 26 April 1995 deferring the final date for sowing certain arable crops in certain areas (5), which derogates from Regulations (EEC) No 1765/92 and (EEC) No 2295/92 defers the final date applicable for sowing arable crops other than oilseeds in Finland and Sweden;
Whereas Article 11 of Regulation (EEC) No 1765/92 lays down that to qualify for an advance payment, the producer must have sown the oilseeds at the latest by a date fixed by the Commission; whereas in this regard Article 2 (1) (c) and (d) of Commission Regulation (EEC) No 2294/92 of 31 July 1992 on detailed rules for the application of the support system for producers of the oilseeds referred to in Council Regulation (EEC) No 1765/92 (6), as last amended by Regulation (EC) No 428/96 (7), sets 15 May as the final date for sowing oilseeds; whereas Commission Regulation (EC) No 1055/94 of 5 May 1994 deferring the final date for sowing oilseeds in certain areas (8), amended by Regulation (EC) No 919/95 (9), defers the final date for sowing oilseeds in certain regions;
Whereas because of the particularly severe weather conditions this year, the final dates for sowing seeds fixed for Austria, Finland and Sweden cannot be complied with in all cases; whereas, in consequence, the time limit for sowing cereals, oilseeds, protein crops and linseed for the 1996/97 marketing year should be deferred and fixed at 15 June for all of Finland and Sweden; whereas as regards Austria, the final date for sowing maize and soya for the 1996/97 marketing year should be deferred to 31 May for the entire country; whereas to do so Regulations (EEC) No 1765/92, (EEC) No 2294/92, (EEC) No 2295/92, (EC) No 1055/94 and (EC) No 918/95 should be waived as permitted by the seventh indent of Article 12 of Regulation (EEC) No 1765/92;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder,
HAS ADOPTED THIS REGULATION:
Article 1
The final date for crop sowings in Austria, Finland and Sweden for the 1996/97 marketing year are fixed in 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.
It shall apply from 15 May 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 May 1996. | [
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COMMISSION REGULATION (EC) No 905/2008
of 17 September 2008
concerning the issue of import licences for raw cane sugar for refining, originating in the least-developed countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1),
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (2),
Having regard to Commission Regulation (EC) No 1100/2006 of 17 July 2006 laying down, for the marketing years 2006/07, 2007/08 and 2008/09, detailed rules for the opening and administration of tariff quotas for raw cane-sugar for refining, originating in least developed countries, as well as detailed rules applying to the importation of products of tariff heading 1701 originating in least developed countries (3), and in particular Article 7(3) thereof,
Whereas:
(1)
In accordance with Article 12(5) of Regulation (EC) No 980/2005, Article 3(1) of Regulation (EC) No 1100/2006 opens, for imports originating in the least-developed countries, tariff quotas at zero duty for products falling within CN code 1701 11 10, expressed as white sugar equivalent.
(2)
Applications for import licences have been submitted to the competent authorities in the week from 8 to 12 September 2008 in accordance with Article 5 of Regulation (EC) No 1100/2006. The weekly record referred to in Article 7(2) of that Regulation has revealed that, following these applications, the total quantity requested for the 2007/08 marketing year is equal to the limit of 178 030,75 tonnes laid down for this year for quota 09.4361.
(3)
In these circumstances, the Commission must inform the Member States that the limit concerned has been reached and that no further licence application is admissible,
HAS ADOPTED THIS REGULATION:
Article 1
Import licence applications submitted from 8 to 12 September 2008 under Article 5 of Regulation (EC) No 1100/2006 shall be issued for 100 % of the quantity requested.
Article 2
The limit of 178 030,75 tonnes for tariff quota 09.4361, as provided for in Article 3(1) of Regulation (EC) No 1100/2006, has been reached. Applications for import licences submitted after 12 September 2008 shall be inadmissible.
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, 17 September 2008. | [
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POLITICAL AND SECURITY COMMITTEE DECISION DARFUR/4/2006
of 24 October 2006
appointing a Head of the EU Police Team/Police Advisor to the European Union Special Representative for Sudan
(2006/756/CFSP)
THE POLITICAL AND SECURITY COMMITTEE,
Having regard to the Treaty on European Union, and in particular the third paragraph of Article 25 thereof,
Having regard to Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan (1), and in particular Article 4 thereof,
Whereas:
(1)
On 5 July 2006 the Council adopted Joint Action 2006/468/CFSP (2) renewing and revising the mandate of the Special Representative of the European Union for Sudan (EUSR).
(2)
The EUSR, inter alia, ensures the coordination and coherence of the Union’s contributions to the African Union mission in the Darfur region of Sudan (AMIS). In accordance with Article 5(2) of Joint Action 2005/557/CFSP, the EU Coordination Cell in Addis Ababa (ACC), acting under the authority of the EUSR and comprising a political advisor, a military advisor and a police advisor, manages the day-to-day coordination with all relevant EU actors and with the Administrative Control and Management Centre (ACMC) within the chain of command of the African Union in Addis Ababa in order to ensure coherent and timely EU support to AMIS.
(3)
The Police Advisor to the EUSR, who is also the Head of the EU Police Team, is responsible for managing the day-to-day coordination of the EU police supporting actions. The Head of the EU Police Team/Police Advisor assumes the day-to-day management of the police component of the supporting action and is responsible for staff and disciplinary matters.
(4)
The Secretary General/High Representative, following the recommendation by the EUSR, has proposed that Mr Åke ROGHE be appointed as Head of the EU Police Team/Police Advisor to the EUSR.
(5)
Pursuant to Article 4 of Joint Action 2005/557/CFSP the Council has authorised the Political and Security Committee to appoint the Head of EU Police Team/Police Advisor to the EUSR,
HAS DECIDED AS FOLLOWS:
Article 1
Mr Åke ROGHE is hereby appointed Head of the EU Police Team/Police Advisor to the European Union Special Representative for Sudan.
Article 2
This Decision shall take effect on 1 November 2006.
Done at Brussels, 24 October 2006. | [
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COUNCIL REGULATION (EC) No 1482/1999
of 14 June 1999
concerning the conclusion of an Agreement in the form of an Exchange of Letters amending the Agreement in the form of an Exchange of Letters between the European Community and Romania on the reciprocal establishment of tariff quotas for certain wines, and amending Regulation (EC) No 933/95 opening and providing for the administration of Community tariff quotas for certain wines
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of Article 300(2) thereof,
Having regard to the proposal from the Commission,
(1) Whereas an Agreement in the form of an Exchange of Letters between the European Community and Romania on the reciprocal establishment of tariff quotas for certain wines(1) was signed on 26 November 1993 and extended by an Agreement in the form of an Exchange of Letters(2) signed on 7 April 1998;
(2) Whereas that Agreement expired on 31 December 1998;
(3) Whereas in order to preserve reciprocal preferential treatment and to continue to promote the development of trade in wine the Agreement should be extended until 31 December 1999;
(4) Whereas Council Regulation (EC) No 933/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain wines originating in Bulgaria, Hungary and Romania(3) opened tariff quotas for certain wines in accordance with the Agreement in the form of an Exchange of Letters between the European Community and Romania; whereas, following the new Agreement in the form of an Exchange of Letters, Regulation (EC) No 933/95 has to be amended accordingly;
(5) Whereas, in order to facilitate the implementation of certain provisions of the Agreement, the Commission should be authorised to adopt the necessary legislation for implementation of the Agreement in accordance with the procedure laid down in Article 83 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine(4),
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement in the form of an Exchange of Letters amending the Agreement in the form of an Exchange of Letters between the European Community and Romania on the reciprocal establishment of tariff quotas for certain wines is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Regulation.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community.
Article 3
The Commission is hereby authorised to adopt the necessary acts for implementation of the Agreement, in accordance with the procedure laid down in Article 83 of Regulation (EEC) No 822/87.
Article 4
Regulation (EC) No 933/95 shall be amended as follows:
1. in Article 1(1) the words "to 31 December 1998 for Bulgaria and Romania" shall be replaced by "to 31 December 1999 for Bulgaria an Romania";
2. in Article 1(1) the table under (c) "Wines originating in Romania" shall be replaced by the following table.
TABLE "
3. the Annex on TARIC codes shall be replaced by the following Annex.
"ANNEX
TARIC codes
TABLE "
Article 5
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 14 June 1999. | [
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Commission Decision
of 17 July 2003
amending Decision 98/371/EC concerning the animal health conditions and veterinary certifications for import of fresh meat from certain European countries to take into account some aspects in relation with Estonia and Lithuania
(notified under document number C(2003) 2561)
(Text with EEA relevance)
(2003/533/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat products from third countries(1), as last amended by Regulation 1452/2001/EC(2), and in particular Articles 14, 15 and 16 thereof,
Whereas:
(1) The animal health conditions and veterinary certification for imports of fresh meat from certain European countries are laid down in Commission Decision 98/371/EC(3), as last amended by Decision 2002/940/EC(4).
(2) Imports of fresh meat for human consumption of domestic animals of the porcine species from Estonia and Lithuania were not authorised due to animal health reasons, concerning in particular the control of classical swine fever.
(3) The Estonian and Lithuanian competent veterinary authorities have submitted a request to be authorised to export pig meat to the Community and have supported their request with information concerning the health status of the swine in Estonia and Lithuania and their control of classical swine fever.
(4) In February 2003 Commission veterinary missions were carried out to assess the animal health situation in Estonia and in Lithuania.
(5) Based on the reports of the missions and the further information provided by the Estonian and Lithuanian competent veterinary authorities, it appears that the health status of the swine in Estonia and Lithuania in relation to classical swine fever is satisfactory.
(6) Therefore, it is appropriate to authorise Estonia and Lithuania to export pig meat to the Community, subject to certain conditions in relation to the use of catering waste for the feeding to swine. The Estonian and Lithuanian competent veterinary authorities have committed themselves that, for the purpose of exporting pig meat, a list of pig holdings kept under regular veterinary supervisions and where appropriate controls are carried out to exclude any use of catering waste for feeding to pigs will be established.
(7) Decision 98/371/EC should 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
Annex II to Decision 98/371/EC is replaced by the Annex to the present Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 July 2003. | [
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*****
COMMISSION REGULATION (EEC) No 2622/87
of 31 August 1987
re-establishing the levying of customs duties on footwear with outer soles of other materials, falling within heading 64.04, originating in South Korea to which the tariff preferences set out in Council Regulation (EEC) No 3924/86 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3924/86 of 16 December 1986 applying generalized tariff preferences for 1987 in respect of certain industrial products originating in developing countries (1), and in particular Article 15 thereof,
Whereas, pursuant to Articles 1 and 12 of Regulation (EEC) No 3924/86, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceiling fixed in column 9 of Annex I;
Whereas, as provided for in Article 13 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be reintroduced;
Whereas, in the case of footwear with outer soles of other materials, falling within heading 64.04, the individual ceiling was fixed at 3 285 000 ECU; whereas, on 18 August 1987, imports of these products into the Community originating in South Korea reached the celling in question after being charged thereagainst;
Whereas, it is appropriate to reintroduce the levying of customs duties in respect of the products in question against South Korea,
Whereas it is appropriate to re-establish the levying of customs duties in respect of the products in question against South Korea,
HAS ADOPTED THIS REGULATION:
Article 1
As from 4 September 1987, the levying of customs duties, suspended pursuant to Regulation (EEC) No 3924/86, shall be re-established on imports into the Community of the following products originating in South Korea:
1.2.3 // // // // Order No // CCT heading No and NIMEXE-code // Description // // // // 10.0690 // 64.04 (*) (64.04-all numbers) // Footwear with outer soles of other materials // // //
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, 31 August 1987. | [
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*****
COUNCIL REGULATION (EEC) No 1721/87
of 16 June 1987
opening, allocating and providing for the administration of Community tariff quotas for deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) and certain species of hake falling within subheadings ex 03.01 B I n) 2, ex 03.01 B II b) 17, ex 03.01 B I t) 2 and ex 03.01 B II b) 9 of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof,
Having regard to the draft Regulation presented by the Commission,
Whereas Community supplies of deep-frozen fillets and minced blocks of Alaska pollack (Theragra chalcogramma) and of certain species of hake currently depend on imports from third countries; whereas it is in the Community's interest to suspend partially the Common Customs Tariff duty for the products in question, within Community tariff quotas of an appropriate volume; whereas, in order not to jeopardize the development prospects of this production in the Community and to ensure an adequate supply to satisfy user industries, it is advisable to open these quotas for the period until 31 December 1987, at a duty rate of 8 %, and to fix the volume thereof at 15 000 and 20 000 tonnes, respectively;
Whereas, in particular, equal and continuous access to the quotas should be ensured for all Community importers and the rate of duty for the tariff quotas should be applied consistently to all imports until the quotas are exhausted; whereas, in the light of these principles, arrangements for the utilization of the tariff quotas based on an allocation among Member States would seem to be consistent with the Community nature of the quotas; whereas, to correspond as closely as possible to the actual trend in the market in the products in question, allocation of the quotas should be in proportion to the requirements of the Member States as calculated by reference to statistics of imports from third countries during a representative reference period and to the economic outlook for the quota period in question;
Whereas, in the case in point, there are no statistical data broken down by quality of products in question; whereas the quotas are autonomous Community tariff quotas intended to cover import needs arising in the Community, and so the quota volumes may be allocated on the basis of the temporary requirements as regards imports from third countries expressed by each of the Member States; whereas these arrangements for allocation will also ensure the uniform application of the Common Customs Tariff;
Whereas, to take account of possible import trends for the products concerned, the quota volumes should be divided into two instalments, the first being allocated among certain Member States and the second held as a reserve to meet subsequent requirements of Member States which have used up their initial shares and any additional requirements which might arise in the other Member States; whereas, to give importers of the Member States some degree of certainty, the first instalment of the Community tariff quotas should be set at a relatively high level, which in this case could be 80 % of the quota volumes;
Whereas initial shares may be used up at different rates; whereas, to avoid disruption of supplies on this account, it should be provided that any Member State which has almost used up one of its initial shares should draw an additional share from the corresponding reserve; whereas, each time its additional share is almost used up, a Member State should draw a further share, and so on as many times as the reserve allows; whereas the initial and additional shares must be valid until the end of the quota period; whereas this form of administration requires close collaboration between the Member States and the Commission, and the latter must be in a position to keep account of the extent to which the quotas have been used up and to inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure concerning the administration of the shares allocated to that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. Until 31 December 1987 the Common Customs Tariff duties for the products listed below shall be suspended at the levels and within the limits of the Community tariff quotas indicated for each product:
1.2.3.4.5 // // // // // // Order No // CCT heading No // Description // Amount of tariff quota (tonnes) // Rate of duty (%) // // // // // // // // // // // // 03.01 // Fish, fresh (live or dead), chilled or frozen: // // // // // B. Saltwater fish: // // // // // I. Whole, headless or in pieces: // // // // // n) Alaska pollack (Theragra chalcogramma) and pollack (Pollachius pollachius): // // // // // ex 2. Frozen: // // // 09.2722 // // - minced blocks of Alaska pollack (Theragra chalcogramma), intended for processing (1) // 15 000 // 8 // // // II. Fillets: // // // // // b) Frozen: // // // // // ex 17. Other: // // // // // - Of Alaska pollack (Theragra chalcogramma), intended for processing // // // // 03.01 // Fish, fresh (live or dead), chilled or frozen: // // // // // B. Saltwater fish: // // // // // I. Whole, headless or in pieces: // // // // // t) Hake (Merluccius spp.): // // // // // ex 2. frozen: // // // 09.2724 // // - minced blocks, intended for processing, except for minced blocks of the species Merluccius merluccius, Merluccius bilinearis and Merluccius carpensis // 20 000 // 8 // // // II. Fillets: // // // // // b) Frozen: // // // // // ex 9. of hake (Merluccius spp.) (except for species of Merluccius merluccius, Merluccius bilinearis and Merluccius carpensis) intended for processing (1) // // // // // // //
(1) A check shall be made by applying the relevant Community provisions to ensure that the products are used for the specific purpose indicated.
2. Within the limits of these tariff quotas, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions in the Act of Accession.
3. Imports of the products in question shall not be covered by the quotas referred to in paragraph 1 unless the free-at-frontier price, which is determined by the Member States in accordance with Article 21 of Regulation (EEC) No 3796/81, is at least equal to the reference price fixed, or to be fixed, by the Community for the products under consideration or the categories of the products concerned.
Article 2
1. The Community tariff quotas referred to in Article 1 shall be divided into two instalments.
2. A first instalment, of 12 000 tonnes and 16 000 tonnes respectively, shall be allocated among certain Member States; the shares, which, subject to Article 5, shall be valid until 31 December 1987, shall be as follows:
1.2.3 // // // // // Order No 09.2722 // Order No 09.2724 // // // // Benelux // 554 // 640 // Germany // 4 800 // 5 547 // Spain // - // 2 133 // France // 4 800 // 5 547 // United Kingdom // 1 846 // 2 133 // // //
3. The second instalment, of 3 000 tonnes and 4 000 tonnes respectively, shall constitute the reserve.
4. If an importer notifies the imminent import of the products in question into a Member State which does not participate in the initial allocation and requests that the imports be covered by the quota, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements to the extent that the available balance of the reserve so permits.
Article 3
1. If a Member State has used 90 % or more of its initial share as fixed in Article 2 (2), or of that share minus any portion returned to the reserve pursuant to Article 5, it shall forthwith, by notifying the Commission, draw a second share, to the extent that the reserve so permits, equal to 10 % of its initial share, rounded up, as necessary to the next whole number.
2. If a Member State, after exhausting its initial share, has used 90 % or more of the second share drawn by it, that Member State shall forthwith, in the manner and to the extent provided in paragraph 1, draw a third share equal to 5 % of its initial share, rounded up, as necessary to the next whole number.
3. If a Member State, after exhausting its second share, has used 90 % or more of the third share drawn by it, that Member State shall, in the manner and to the extent provided in paragraph 1, draw a fourth share equal to the third.
This process shall apply until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, a Member State may draw shares lower than those specified in those paragraphs if there are grounds for believing that those specified may not be used in full. Any Member State applying this paragraph shall inform the Commission of its grounds for so doing.
Article 4
Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987.
Article 5
Member States shall, not later than 1 October 1987, return to the reserve the unused portion of their initial share which, on 15 September 1987, is in excess of 20 % of the initial volume. They may return a greater portion if there are grounds for believing that it may not be used in full.
Member States shall, not later than 1 October 1987, notify the Commission of the total quantities of the product in question imported up to and including 15 September 1987 and charged against the Community tariff quota, and also of any portion of their initial shares returned to the reserve.
Article 6
The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as the information reaches it, notify each Member State of the extent to which the reserve has been used up.
It shall, not later than 5 October 1987, inform the Member States of the amount still in reserve, following any return of shares pursuant to Article 5.
It shall ensure that the drawing which exhausts the reserve does not exceed the balance available, and to this end shall notify the amount of that balance to the Member State making the last drawing.
Article 7
1. Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their accumulated shares of the Community tariff quota.
2. Member States shall ensure that importers of the product in question have free access to the shares allotted to them.
3. Member States shall charge imports of the product in question against their shares as the product is entered with the customs authorities for free circulation.
4. The extent to which a Member State has used up its share shall be determined on the basis of the imports charged in accordance with paragraph 3.
Article 8
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 9
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 Luxembourg, 16 June 1987. | [
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COMMISSION REGULATION (EC) No 1231/2005
of 28 July 2005
fixing the maximum export refund for white sugar to certain third countries for the 1st partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.
(2)
Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1st partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1138/2005 the maximum amount of the export refund shall be 41,620 EUR/100 kg.
Article 2
This Regulation shall enter into force on 29 July 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2005. | [
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Commission Decision
of 22 March 2001
concerning certain protection measures with regard to foot-and-mouth disease in Ireland
(notified under document number C(2001) 985)
(Text with EEA relevance)
(2001/234/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10 thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof,
Whereas:
(1) Following the reports of outbreaks of foot-and-mouth disease in the United Kingdom, the Commission adopted Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom(4), as last amended by Decision 2001/190/EC(5).
(2) Following outbreaks of foot-and-mouth disease declared in France the Commission adopted Decision 2001/208/EC(6).
(3) Following outbreaks of foot-and-mouth disease declared in the Netherlands the Commission adopted Decision 2001/223/EC(7).
(4) Outbreaks of foot-and-mouth disease have been declared in Ireland within an area under restriction due to an outbreak in Northern Ireland.
(5) The foot-and-mouth disease situation in certain parts of Ireland is liable to endanger the herds in other parts of the territory of Ireland and in other Member States in view of the placing on the market and trade in live biungulate animals and certain of their products.
(6) Ireland has taken measures in the framework of Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease(8), as last amended by the Act of Accession of Austria, Finland and Sweden, and furthermore has introduced further measures within the affected areas, including the measures laid down in Decision 2001/172/EC.
(7) The disease situation in Ireland requires reinforcing the control measures for foot-and-mouth disease taken by Ireland.
(8) Pending the meeting of the Standing Veterinary Committee and in collaboration with the Member State concerned the Commission should take interim protection measures relating to foot-and-mouth disease in Ireland.
(9) This Decision shall be reviewed at the meeting of the Standing Veterinary Committee scheduled for 27 March 2001,
HAS ADOPTED THIS DECISION:
Article 1
Without prejudice to the measures taken by Ireland within the framework of Council Directive 85/511/EEC, Ireland shall ensure that:
1. no live animals of the bovine, ovine, caprine and porcine species and other biungulates move between those parts of its territory listed in Annex I and Annex II;
2. no live animals of the bovine, ovine, caprine and porcine species and other biungulates are dispatched from or moved through those parts of its territory listed in Annex I and Annex II.
Derogating from the provisions in the first paragraph the competent authorities may authorise the direct and uninterrupted transit of biungulate animals through the areas listed in Annex I and Annex II on main roads and railway lines;
3. the health certificates provided for in Council Directive 64/432/EEC(9), as last amended by Directive 2000/20/EC(10), accompanying live bovine and porcine animals and in Council Directive 91/68/EEC(11), as last amended by Commission Decision 94/953/EC(12), accompanying live ovine and caprine animals consigned from parts of the territory of Ireland not listed in Annex I and Annex II to other Member States shall bear the following words:
"Animals conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland";
4. the health certificates accompanying biungulates, other than those covered by the certificates mentioned in paragraph 3, consigned from parts of the territory of Ireland not listed in Annex I and Annex II to other Member States shall bear the following words:
"Live biungulates conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland";
5. the movement to other Member States of animals accompanied by an animal health certificate referred to in paragraphs 3 or 4 shall only be allowed following three days advance notification dispatched by the local veterinary authority to the central and local veterinary authorities in the Member State of destination.
Article 2
1. Ireland shall not dispatch fresh meat of the bovine, ovine, caprine and porcine species and other biungulates coming from those parts of its territory listed in Annex I or obtained from animals originating in those parts of Ireland.
Fresh meat referred to in the first subparagraph shall include minced meat and meat preparations in accordance with Council Directive 94/65/EC laying down the requirements for the production and placing on the market of minced meat(13).
2. The prohibitions provided for in paragraph 1 shall not apply to:
(a) fresh meat obtained before 20 February 2001 provided that the meat is clearly identified, and since this date has been transported and stored separately from meat which is not destined for dispatch outside the areas mentioned in Annex I;
(b) fresh meat obtained from animals reared outside the areas listed in Annex I and transported in derogation to Article 1(1) directly and under official control in sealed means of transport to a slaughterhouse situated in the area listed in Annex I outside the protection zone for immediate slaughter. Such meat shall only be placed on the market in Ireland;
(c) fresh meat obtained from cutting plants situated in the areas listed in Annex I under the following conditions:
- only fresh meat as described in subparagraphs (a) and (b) or fresh meat obtained from animals reared and slaughtered outside the area listed in Annex I will be processed in this establishment,
- all such fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC(14) on health conditions for the production and marketing of fresh meat, as last amended by Directive 95/23/EC(15),
- the plant will be operated under strict veterinary control,
- the fresh meat must be clearly identified, and transported and stored separately from meat which is not destined for dispatch outside the areas mentioned in Annex I,
- the control of the compliance with the above listed conditions shall be carried out by the competent veterinary authority under the supervision of the central veterinary authorities who will communicate to the other Member States and the Commission a list of those establishments which they have approved in application of these provisions.
(d) fresh meat obtained from animals of susceptible species originating in the areas listed in Annex I which is transported under veterinary supervision to an establishment situated in Ireland outside the areas listed in Annex I for treatment in accordance with Article 3(2).
3. Meat consigned from Ireland to other Member States shall be accompanied by a certificate from an official veterinarian. The certificate shall bear the following words:
"Meat conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland".
Article 3
1. Ireland shall not dispatch meat products of animals of the bovine, ovine, caprine and porcine species and other biungulates coming from those parts of Ireland listed in Annex I or prepared using meat obtained from animals originating in those parts of Ireland.
2. The restrictions described in paragraph 1 shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC(16), as last amended by Council Directive 91/687/EEC(17), or to meat products as defined in Council Directive 77/99/EEC(18), as last amended by Council Directive 97/76/EC(19), on health problems affecting the production and marketing of meat products and certain other products of animal origin, which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3. The prohibitions described in paragraph 1 shall not apply to:
(a) meat products prepared from meat derived from biungulate animals slaughtered before 20 February 2001 provided that the meat products are clearly identified, and since this date have been transported and stored separately from meat products which are not destined for dispatch outside the areas mentioned in Annex I;
(b) meat products prepared in establishments under the following conditions:
- all fresh meat used in the establishment must conform to the conditions of Article 2(2),
- all meat products used in the final product will conform to the conditions of paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the area listed in Annex I,
- all meat products must bear the health mark in accordance with Chapter VI of Annex B to Directive 77/99/EEC,
- the establishment will be operated under strict veterinary control,
- the meat products must be clearly identified and transported and stored separately from meat and meat products which are not destined for dispatch outside the areas mentioned in Annex I,
- the control of the compliance with the above listed conditions shall be carried out by the competent authority under the responsibility of the central veterinary authorities who will communicate to other Member States and the Commission a list of those establishments which they have approved in application of these provisions;
(c) meat products prepared in the parts of the territory which are not included in Annex I using meat obtained before 20 February 2001 from parts of the territory included in Annex I provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products which are not destined for dispatch outside the areas mentioned in Annex I.
4. Meat products consigned from Ireland to other Member States shall be accompanied by an official certificate. The certificate shall bear the following words:
"Meat products conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland".
5. Derogating from the provisions in paragraph 4 it shall be sufficient in the case of meat products which conform to the requirements of paragraph 2 and are consigned in hermetically sealed containers or have been processed in an establishment operating HACCP(20) and an auditable standard operating procedure which ensures that standards for treatment are met and recorded that compliance with the conditions required for the treatment laid down in paragraph 2 is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 4
1. Ireland shall not dispatch milk intended or not intended for human consumption from those parts of its territory listed in Annex I.
2. The prohibitions described in paragraph 1 shall not apply to milk intended or not intended for human consumption which has been subjected to at least:
(a) an initial pasteurization in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Directive 92/118/EEC, followed by a second heat treatment by high temperature pasteurization, UHT, sterilization or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
(b) an initial pasteurization in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Directive 92/118/EEC, combined with the treatment by which the pH is lowered below 6 and held there for at least one hour.
3. The prohibitions described in paragraph 1 shall not apply to milk prepared in establishments situated in the areas listed in Annex I under the following conditions:
(a) all milk used in the establishment must either conform to the conditions of paragraph 2 or be obtained from animals outside the area listed in Annex I;
(b) the establishment will be operated under strict veterinary control;
(c) the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch outside the areas mentioned in Annex I;
(d) transport of raw milk from holdings situated outside the areas mentioned in Annex I to the establishments referred to above is carried out in vehicles which were cleaned and disinfected prior to operation and had no subsequent contact with holdings in the areas mentioned in Annex I keeping animals of species susceptible to foot-and-mouth disease;
(e) the control of the compliance with the above listed conditions shall be carried out by the competent veterinary authority under the supervision of the central veterinary authorities who will communicate to other Member States and the Commission a list of those establishments which they have approved in application of these provisions.
4. Milk consigned from Ireland to other Member States shall be accompanied by an official certificate. The certificate shall bear the following words:
"Milk conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland".
5. Derogating from the provisions in paragraph 4 it shall be sufficient in the case of milk which conforms to the requirements of paragraph 2(a) or (b) and is consigned in hermetically sealed containers or has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded that compliance with the conditions required for the treatment laid down in paragraph 2(a) or (b) is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 5
1. Ireland shall not dispatch milk products intended or not intended for human consumption from those parts of its territory listed in Annex I.
2. The prohibitions described in paragraph 1 shall not apply to milk products intended or not intended for human consumption:
(a) produced before 20 February 2001;
(b) prepared from milk complying with the provisions in Article 4(2) or (3);
(c) subject to a heat treatment at a temperature of at least 72 °C for at least 15 seconds, on the understanding that such treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in this Decision;
(d) for export to a third country where import conditions permit such products to be subject to treatment other than laid down in this Decision.
3. The prohibitions described in paragraph 1 shall not apply to:
(a) milk products prepared in establishments situated in the areas listed in Annex I under the following conditions:
- all milk used in the establishment will either conform to the conditions of Article 4(2) or be obtained from animals outside the area listed in Annex I,
- all milk products used in the final product will either conform to the conditions of paragraph 2 or be made from milk obtained from animals outside the area listed in Annex I,
- the establishment will be operated under strict veterinary control,
- the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch outside the areas mentioned in Annex I,
- the control of the compliance with the above listed conditions shall be carried out by the competent authority under the responsibility of the central veterinary authorities who will communicate to other Member States and the Commission a list of those establishments which they have approved in application of these provisions;
(b) milk products prepared in the parts of the territory outside the areas mentioned in Annex I using milk obtained before 20 February 2001 from parts of the territory mentioned in Annex I provided that the milk products are clearly identified and transported and stored separately from milk products which are not destined for dispatch outside the areas mentioned in Annex I.
4. Milk products consigned from Ireland to other Member States shall be accompanied by an official certificate. The certificate shall bear the following words:
"Milk products conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland".
5. Derogating from the provisions in paragraph 4 it shall be sufficient in the case of milk products which conform to the requirements of paragraph 2 and are consigned in hermetically sealed containers or have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded that compliance with the conditions laid down in paragraph 2 is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 6
1. Ireland shall not send semen, ova and embryos of the bovine, ovine, caprine and porcine species and other biungulates from those parts of its territory listed in Annex I to other parts of Ireland.
2. Ireland shall not dispatch semen, ova and embryos of the bovine, ovine, caprine and porcine species and other biungulates from those parts of its territory listed in Annex I and Annex II.
3. This prohibition shall not apply to frozen bovine semen and embryos produced before 20 February 2001.
4. The health certificate provided for in Council Directive 88/407/EEC(21), as last amended by the Act of Accession of Austria, Finland and Sweden, and accompanying frozen bovine semen consigned from Ireland to other Member States shall bear the following words:
"Frozen bovine semen conforming to Commission Decision 2001/234/EC of 22 March 2001 on certain protection measures with regard to foot-and-mouth disease in Ireland".
5. The health certificate provided for in Council Directive 89/556/EEC(22), as last amended by the Act of Accession of Austria, Finland and Sweden, and accompanying bovine embryos consigned from Ireland to other Member States shall bear the following words:
"Bovine embryos conforming to Commission Decision 2001/234/EC of 22 March 2001 on certain protection measures with regard to foot-and-mouth disease in Ireland".
Article 7
1. Ireland shall not dispatch hides and skins of bovine, ovine, caprine and porcine species and other biungulates from those parts of its territory listed in Annex I.
2. This prohibition shall not apply to hides and skins which were produced before 20 February 2001 or which conform to the requirements of paragraph 1 (A) indents 2 to 5 or paragraph 1 (B), indents 3 and 4 of Chapter 3 of Annex 1 to Directive 92/118/EEC. Care must be taken to separate effectively treated hides and skins from untreated hides and skins.
3. Ireland shall ensure that hides and skins of bovine, ovine, caprine and porcine species and other biungulates to be sent to other Member States shall be accompanied by a certificate which bears the following words:
"Hides and skins conforming to Commission Decision 2001/234/EC of 22 March 2001 on certain protection measures with regard to foot-and-mouth disease in Ireland".
4. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1 (A) indents 2 to 5 of Chapter 3 of Annex I to Directive 92/118/EEC to be accompanied by a commercial document stating compliance with the conditions required for the treatment laid down in paragraph 1 (A) indents 2 to 5 of Chapter 3 of Annex I to Directive 92/118/EEC.
5. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1 (B) indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC that compliance with the conditions required for the treatment laid down in paragraph 1 (B) indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC is stated in the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 8
1. Ireland shall not dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not mentioned in Articles 2, 3, 4, 5, 6 and 7 produced after 20 February 2001 from those parts of its territory listed in Annex I.
Ireland shall not dispatch dung and manure from those parts of its territory listed in Annex I.
2. The prohibitions mentioned in paragraph 1 first subparagraph shall not apply to:
(a) animal products referred to in paragraph 1 first subparagraph which have been subjected to:
- heat treatment in a hermetically sealed container with a Fo value of 3,00 or more, or
- heat treatment in which the centre temperature is raised to at least 70 °C;
(b) blood and blood products as defined in Chapter 7 of Annex I to Directive 92/118/EEC which have been subject to at least one of the following treatments:
- heat treatment at a temperature of 65 °C for at least three hours, followed by an effectiveness check,
- irradiation at 2,5 megarads or gamma rays followed by an effectiveness check,
- change of pH to pH 5 or lower for at least two hours, followed by an effectiveness check;
(c) lard and rendered fats which have been subject to the heat treatment prescribed in paragraph 2 (A) of Chapter 9 of Annex I to Directive 92/118/EEC;
(d) animal casings to which the provisions in paragraph B Chapter 2 of Annex I to Directive 92/118/EEC apply mutatis mutandis;
(e) sheep wool, ruminant hair and pigs bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs bristles which are securely enclosed in packaging and dry;
(f) semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Directive 92/118/EEC;
(g) composite products which are not subject to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in this Decision;
(h) game trophies in accordance with paragraph 2 (b) of part B in Chapter 13 of Annex I to Directive 92/118/EEC.
3. Ireland shall ensure that the animal products mentioned in paragraph 2 to be sent to other Member States shall be accompanied by an official certificate which bears the following words:
"Animal products conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland".
4. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of products mentioned in paragraph 2(b), (c) and (d) that compliance with the conditions for the treatment stated in the commercial document required in accordance with the respective Community legislation is endorsed in accordance with Article 9.
5. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of products mentioned in paragraph 2(e) to be accompanied by a commercial document stating either the factory washing or origin from tanning or compliance with the conditions laid down in paragraphs 2 and 4 of Chapter 15 of Annex I to Council Directive 92/118/EEC.
6. Derogating from the provisions in paragraph 3 it shall be sufficient in the case of products mentioned in paragraph 2(g) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the respective animal health conditions laid down in this Decision and that this is stated on the commercial document accompanying the consignment, endorsed in accordance with Article 9.
Article 9
Where reference is made to this Article, the competent authorities of Ireland shall ensure that the commercial document required by Community legislation for intra-Community trade be endorsed by the attachment of a copy of an official certificate stating that the production process has been audited and found in compliance with the appropriate requirements in Community legislation and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which had been certified accordingly, and provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
Such verifying certification of the production process shall bear a reference to this Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
Article 10
1. Ireland shall ensure that vehicles which have been used in the areas listed in Annex I for the transport of live animals are cleaned and disinfected after each operation, and shall furnish proof of such disinfection.
2. Ireland shall ensure that lorries used for the collection of milk which have been on a holding where animals of susceptible species are kept are cleaned and disinfected prior to leaving the areas included in Annex II, and shall furnish proof of such disinfection.
Article 11
The restrictions laid down in Articles 3, 4, 5 and 8 shall not apply to the dispatch from the parts of the territory of Ireland listed in Annex I of the products referred to in Articles 3, 4, 5 and 8, if such products were
- either not produced in Ireland and remained in their original packaging indicating the country of origin of the products, or
- produced in an approved establishment situated in the parts of the territory of Ireland listed in Annex I from pre-processed products not originating from these areas, which have been since introduction onto the territory of Ireland transported, stored and processed separately from products which are not destined for dispatch outside the areas mentioned in Annex I and are accompanied by a commercial document or official certificate as required by this Decision.
Article 12
1. Ireland shall ensure that equidae dispatched from its territory to another Member State are accompanied by an animal health certificate in accordance with the model in Annex C of Council Directive 90/426/EEC, which shall only be issued for equidae that for the past 15 days prior to certification have not been in a protection and surveillance zone established in accordance with Article 9 of Directive 85/511/EEC.
2. Ireland shall ensure that equidae mentioned in paragraph 1 to be sent to other Member States shall be accompanied by an official certificate which bears the following words:
"Equidae conforming to Commission Decision 2001/234/EC of 22 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in Ireland".
Article 13
Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
Article 14
This Decision shall apply until midnight on 4 April 2001.
Article 15
This Decision is addressed to the Member States.
Done at Brussels, 22 March 2001. | [
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Commission Regulation (EC) No 1410/2002
of 1 August 2002
concerning aid for the processing of sugar cane into sugar syrup or agricultural rum on Madeira
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima)(1), and in particular Article 19 thereof,
Whereas:
(1) Article 18 of Regulation (EC) No 1453/2001 provides that Community aid is to be granted for the direct processing of sugar cane produced on Madeira into sugar syrup or agricultural rum as defined in Article 1(4)(a)(2) of Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks(2), as last amended by Regulation (EC) No 3378/94 of the European Parliament and of the Council(3).
(2) This aid is paid on condition that the sugar-cane producer is paid a minimum price, up to a maximum annual quantity of 2500 hectolitres of agricultural rum at 71,8° or, in the case of sugar syrup, a maximum annual quantity of 250 tonnes. The aid is calculated in such as way that the ratio between the two aid amounts takes account of the quantities of raw material used. In the interests of clarity the amounts for rum should be expressed as pure alcohol.
(3) A minimum price should be fixed for sugar cane intended for the manufacture of sugar syrup or rum which takes account of the consultations held by the Government of the Autonomous Region of Madeira with sugar-cane producers and the businesses processing the cane into syrup and rum.
(4) To facilitate application of the annual processing limits, this Regulation should apply from the beginning of the 2002 calendar year.
(5) The measures provided for in this Regulation are in accordance with the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. Aid for the direct processing of sugar cane into sugar syrup or agricultural rum as provided for in Article 18 of Regulation (EC) No 1453/2001 shall be paid in accordance with this Regulation to any syrup manufacturer or distiller whose facilities are located on the territory of Madeira and who directly processes cane harvested on Madeira.
2. Aid shall be paid out each year for the quantities of sugar cane processed directly into sugar syrup or agricultural rum for which the syrup manufacturer or distiller shows proof that the sugar-cane producers concerned have been paid the minimum price referred to in Article 2.
3. The aid shall be:
(a) for sugar syrup: EUR 53 per 100 kilograms of sugar expressed as white sugar;
(b) for agricultural rum: EUR 90 per hectolitre of pure alcohol produced.
Article 2
1. The minimum price referred to in the second subparagraph of Article 18(1) of Regulation (EC) No 1453/2001 shall be EUR 78,9 per tonne of cane of sound and fair marketable quality, of standard sugar content and delivered in bulk to the processor/distiller.
2. The standard sugar content and the scale of increases and reductions to be applied to the minimum price when the sugar content of the cane differs from the standard sugar content shall be adopted by the competent regional authority on the proposal of a joint committee of distillers, syrup manufacturers and sugar-cane producers.
Article 3
1. Proof that the minimum price has been paid to the sugar-cane producer shall be established by means of a certificate drawn up on unstamped paper by the syrup manufacturer or distiller. The certificate shall show:
(a) the name of the syrup manufacturer or distiller;
(b) the name of the sugar-cane producer;
(c) the total quantities of sugar cane for which the minimum price fixed for the calendar year concerned has been paid and which have been delivered to the syrup factory or distillery by the producer concerned during that calendar year;
(d) the quantity of product for which the minimum price has been paid.
2. The certificate shall be signed by the sugar-cane producer and the syrup manufacturer or distiller.
3. The syrup manufacturer or distiller shall keep the original. A copy shall be sent to the sugar-cane producer.
Article 4
1. When the sum of the quantities covered by aid applications in a given calendar year is greater than the maximum annual quantity of rum or sugar syrup referred to in Article 18(2) of Regulation (EC) No 1453/2001, as the case may be, a standard percentage reduction shall be applied to each application for the product concerned.
2. Aid applications shall be submitted to the competent authorities designated by Portugal.
Article 5
1. The national authorities shall take all the steps necessary to ensure that the conditions for granting the aid provided for in this Regulation are complied with.
2. Verification shall be by administrative and on-the-spot checks. The administrative check shall be thorough and include, if appropriate, cross-checks with the data in the integrated administration and control system in accordance with Council Regulation (EEC) No 3508/92(4), as last amended by Commission Regulation (EC) No 495/2001(5). It shall also cover the quantities of cane delivered and compliance with the minimum price referred to in Article 2.
Based on a risk analysis, the national authorities shall perform on-the-spot checks on the premises of each syrup manufacturer and distiller by sampling at least 10 % of the quantities delivered by the sugar-cane producers.
Article 6
Portugal shall notify the Commission:
(a) within three months of the entry into force of this Regulation, of the additional measures adopted under Article 5;
(b) within 45 working days of the end of each calendar year:
- of the total quantities of sugar syrup and agricultural rum covered by aid applications, expressed as white sugar or hectolitres of pure alcohol, as the case may be,
- of the factories and distilleries in receipt of aid,
- of the aid received and the quantity of sugar syrup or agricultural rum produced by each factory or distillery.
Article 7
Commission Regulation (EEC) No 2627/93(6) is hereby repealed.
Article 8
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2002. | [
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COMMISSION REGULATION (EEC) No 1088/93 of 3 May 1993 re-establishing the levying of customs duties on products falling within CN code 6913, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3831/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3831/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of certain industrial products originating in developing countries (1), extended for 1993 by Regulation (EEC) No 3917/92 (2), and in particular Article 9 thereof,
Whereas, pursuant to Articles 1 and 6 of Regulation (EEC) No 3831/90, suspension of customs duties shall be accorded for 1993 to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceilings fixed in column 6 of Annex I;
Whereas, as provided for in Article 7 of that Regulation, as soon as the individual ceilings in question are reached at Community level, the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of products falling within CN code 6913, originating in China, the individual ceiling was fixed at ECU 5 789 000; whereas on 3 March 1993, imports of these products into the Community originating in China reached the ceiling in question after being charged thereagainst; whereas, it is appropriate to re-establish the levying of customs duties in respect of the products in question against China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 8 May 1993, the levying of customs duties, suspended for 1993 pursuant to Regulation (EEC) No 3831/90, shall be re-established on imports into the Community of the following products, originating in China:
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 1993. | [
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Commission Regulation (EC) No 1400/2001
of 10 July 2001
concerning the classification of certain goods in the Combined Nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(1), as last amended by Commission Regulation (EC) No 1230/2001(2), and in particular Article 9 thereof,
Whereas:
(1) In order to ensure uniform application of the Combined Nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2) Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the Combined Nomenclature. Those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.
(3) Pursuant to the said general rules, the goods described in column 1 of the table annexed to this Regulation must be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3.
(4) It is appropriate that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which does not conform to the provisions of this Regulation, can continue to be invoked, under the provisions in Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(3), as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council(4), for a period of three months by the holder.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are classified within the Combined Nomenclature under the CN codes indicated in column 2 of the said table.
Article 2
Binding tariff information issued by the customs authorities of Member States which does not conform to the provisions of this Regulation can continue to be invoked under the provisions of Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months.
Article 3
This Regulation shall enter into force on the 20th 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 July 2001. | [
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Commission Regulation (EC) No 694/2002
of 23 April 2002
amending Regulation (EC) No 2805/95 fixing the export refunds in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), as last amended by Regulation (EC) No 2585/2001(2), and in particular Articles 63 and 64,
Whereas:
(1) Pursuant to Article 63 of Regulation (EC) No 1493/1999 to the extent necessary to enable the products listed in Article 1(2)(a) and (b) of that Regulation to be exported on the basis of the prices for those products on the world market and within the limits of the Agreements concluded in accordance with Article 300 of the Treaty, the difference between those prices and the prices in the Community may be covered by an export refund.
(2) Pursuant to Article 64(3) of Regulation (EC) No 1493/1999, refunds are to be fixed taking into account the situation and likely trends with regard to:
- prices and availability of the products in question on the Community market,
- world market prices for those products.
(3) Account must also be taken of the other criteria and objectives referred to in Article 64(3) of Regulation (EC) No 1493/1999. In particular, consideration must be given to the limits of the Agreements concluded in accordance with Article 300 of the Treaty, and in particular those resulting from the agreements concluded in the framework of the Uruguay Round of multilateral trade negotiations.
(4) When applying the abovementioned rules to the current market situation, the refunds should be fixed in accordance with the Annex to this Regulation; whereas Commission Regulation (EC) No 2805/95(3), as last amended by Regulation (EC) No 2454/2001(4), should be amended accordingly and provision made to implement it immediately.
(5) The Management Committee for Wines has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 2805/95 is hereby replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 24 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 April 2002. | [
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COMMISSION REGULATION (EC) No 94/97 of 21 January 1997 correcting and amending Regulation (EC) No 322/96 laying down detailed rules of application for the public storage of skimmed-milk powder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Commission Regulation (EC) No 1587/96 (2), and in particular Articles 7 (5) and 28 thereof,
Whereas Article 1 (1) (d) of Commission Regulation (EC) No 332/96 (3) lays down the age at which skimmed-milk powder may be bought in; whereas the Dutch version of that provision contains an error that may lead to differences in the treatment of operators; whereas, as a result, that error should be corrected;
Whereas Article 4 (6) of that Regulation fixes the storage costs to be reimbursed by the seller where the skimmed-milk powder offered for buying-in does not comply with the quality requirements laid down in the Regulation; whereas, in order to ensure that there is a link between those amounts and the amounts to be reimbursed by the intervention agency to the European Agricultural Guidance and Guarantee Fund, reference should be made to the amounts provided for in Commission Regulation (EEC) No 3597/90 of 12 December 1990 on the accounting rules for intervention measures involving the buying-in, storage and sale of agricultural products by intervention agencies (4), as last amended by Regulation (EC) No 895/94 (5);
Whereas Article 5 (3) of Regulation (EC) No 322/96 refers to Commission Regulation (EEC) No 618/90 of 14 March 1990 laying down rules for drawing up the annual inventory of agricultural products in public storage (6) as regards checking the presence of intervention products in store; whereas Regulation (EEC) No 618/90 was repealed and replaced by Commission Regulation (EC) No 2148/96 of 8 November 1996 laying down rules for evaluating and monitoring public intervention stocks of agricultural products (7); whereas, as a result, that reference should be replaced;
Whereas Annex II to Regulation (EC) No 322/96 lays down requirements concerning the packaging of skimmed-milk powder bought into public intervention; whereas experience has shown that an addition should be made to that Annex to allow the use of a new type of bag;
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
(Concerns the Dutch version only).
Article 2
Regulation (EC) No 322/96 is hereby amended as follows:
1. The second and third subparagraphs of Article 4 (6) are replaced by the following:
'The storage and financing costs to be paid shall be the costs to be reimbursed by the intervention agency to the account of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in accordance with Article 7 (2) of Commission Regulation (EEC) No 3597/90 (*).
(*) OJ No L 350, 14. 12. 1990, p. 43.`
2. In Article 5 (3), 'Commission Regulation (EEC) No 618/90` is replaced by 'Commission Regulation (EC) No 2148/96 (1).
(1) OJ No L 288, 9. 11. 1996, p. 6.`
3. In Annex II (1), the following paragraph (e) is added:
'(e) - one outer semi-stretchable kraft paper bag of a strength of at least 90 g/m²,
- one semi-stretchable kraft paper bag with a polyethylene lining, of a strength of at least 90 g plus 15 g/m²,
- two semi-stretchable kraft paper bags of a strength of at least 90 g/m²,
- one polyethylene inner bag at least 0,08 mm thick, welded or double bound.`
Article 3
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 January 1997. | [
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*****
COMMISSION REGULATION (EEC) No 634/84
of 12 March 1984
on the communication to the Commission by the Member States of data on imports and exports of certain products processed from agricultural commodities
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1451/82 (2), and in particular Article 24 thereof,
Whereas the Community market in starch has been unsettled by increasing imports of competing products at low prices; whereas the information available indicates that these competing products are mainly starch ethers and esters falling within subheading ex 39.06 B of the Common Customs Tariff; whereas it is essential to observe trade in the said products close by; whereas measures should therefore be taken which enable the Commission to obtain the necessary information on these products as distinct from other products falling within the same tariff subheading;
Whereas it is appropriate to apply certain of the provisions of Commission Regulation (EEC) No 3601/82 of 21 December 1982 on the communication by Member States to the Commission of data relating to imports and exports of certain agricultural products (3), as last amended by Regulation (EEC) No 3461/83 (4);
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
In respect of trade with non-member countries in starch ethers and esters falling within subheading ex 39.06 B of the Common Customs Tariff, the Member States shall communicate to the Commission for each calendar month, within four weeks at the latest of the end of the month in question, the following data:
(a) the quantities imported, broken down by countries of origin;
(b) the quantities exported, broken down by countries of destination;
(c) the statistical value of the quantities referred to in a) and b).
Article 2
The following provisions of Regulation (EEC) No 3601/82 shall apply mutatis mutandis:
- Article 1 (3) B and C, Article 1 (4) and Article 1 (5) (a) and (c),
- Article 3.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 March 1984. | [
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DIRECTIVE 2009/79/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
on passenger hand-holds on two-wheel motor vehicles
(Codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Council Directive 93/32/EEC of 14 June 1993 on passenger hand-holds on two-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.
(2)
Directive 93/32/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) and lays down technical prescriptions concerning the design and construction of two-wheel motor vehicles as regards their passenger hand-holds. These technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently, the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.
(3)
Since the objective of this Directive, namely the granting of EC component type-approval in respect of passenger hand-holds for a type of two-wheel motor vehicle, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
(4)
This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to passenger hand-holds of all types of two-wheel motor vehicles as referred to in Article 1 of Directive 2002/24/EC.
Article 2
The procedure for the granting of EC component type-approval in respect of passenger hand-holds for a type of two-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of Directive 2002/24/EC.
Article 3
The amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC.
Article 4
1. Member States shall not, on grounds relating to passenger hand-holds:
-
refuse, in respect of a type of two-wheel vehicle or a type of passenger hand-hold, to grant EC type-approval,
-
prohibit the registration, sale or entry into service of two-wheel motor vehicles or the sale or entry into service of passenger hand-holds,
if the passenger hand-holds comply with the requirements of this Directive.
2. Member States shall refuse to grant EC type-approval for any type of two-wheel motor vehicle on grounds relating to passenger hand-holds or any type of passenger handhold, if the requirements of this Directive are not fulfilled.
3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 5
Directive 93/32/EEC, as amended by the Directive listed in Annex II, Part A, is repealed without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
Article 6
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 13 July 2009. | [
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COUNCIL REGULATION (EEC) No 3477/86
of 10 November 1986
opening, allocating and providing for the administration of Community tariff quotas for certain prepared or preserved fish, falling within heading No ex 16.04 of the Common Customs Tariff, from Portugal (1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Act of Accession of Spain and Portugal and in particular Article 362 thereof,
Having regard to the draft Regulation submitted by the Commission,
Whereas Article 362 of the Act of Accession provides that during the period of progressive elimination of customs duties between the Community of Ten and Portugal, prepared or preserved sardines, prepared or preserved tunny, prepared or preserved mackerel, falling within subheadings 16.04 D, E and ex F of the Common Customs Tariff from Portugal can be imported duty-free into the Community of Ten within the limits of annual Community tariff quotas of 5 000 tonnes, 1 000 tonnes and 1 000 tonnes respectively; whereas these quotas should be opened for 1987;
Whereas it is in particular necessary to ensure for all importers of the Community of Ten equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for these quotas to all imports of the products concerned into all these Member States until the quotas have been used up; whereas having regard to the above principles, the Community nature of the quotas can be respected by allocating the Community tariff quotas among these Member States; whereas, in order to reflect as accurately as possible the true trend of the market in the products concerned, such allocation should be in proportion to the requirements of the Member States, assessed by reference to the statistics of each State's imports from Portugal over a representative reference period and also to the economic outlook for the quota period concerned;
Whereas, during the last three years for which statistics are available, the corresponding imports of each Member State represent the following percentages of imports into the Community from Portugal of the product in question:
1.2.3.4 // // // // // Member States // 1983 // 1984 // 1985 // // // //
Sardines
1.2.3.4 // // // // // Benelux // 7,4 // 6,7 // 6,4 // Denmark // 1,6 // 2,1 // 2,6 // Germany // 28,3 // 23,1 // 28,1 // Greece // 0,2 // 0,1 // - // France // 21,4 // 17,0 // 19,0 // Ireland // 0,2 // 0,1 // 0,3 // Italy // 5,1 // 4,5 // 7,1 // United Kingdom // 35,8 // 46,4 // 36,5 // // // //
Tunny
1.2.3.4 // // // // // Benelux // - // - // - // Denmark // - // - // - // Germany // - // 1,1 // 0,7 // Greece // - // - // 2,1 // France // 2,9 // 7,2 // 2,1 // Ireland // - // - // - // Italy // 97,1 // 91,7 // 95,1 // United Kingdom // - // - // - // // // //
Mackerel
1.2.3.4 // // // // // Benelux // 10,3 // 7,4 // 5,7 // Denmark // - // - // - // Germany // - // - // - // Greece // - // - // - // France // - // 0,3 // - // Ireland // - // - // - // Italy // 89,7 // 90,0 // 94,3 // United Kingdom // - // 2,3 // - // // // //
Whereas both these percentages and the estimates from certain Member States should be taken into account as well as the need to ensure that, in the circumstances the obligations provided for in the Act of Accession are allocated fairly among the Member States; whereas the approximate percentages of the initial quota shares may therefore be fixed as follows:
1.2.3.4 // // // // // Member States // Sardines // Tunny // Mackerel // // // // // Benelux // 7,1 // 1,0 // 10,0 // Denmark // 1,9 // 1,0 // 1,0 // Germany // 31,1 // 3,0 // 1,0 // Greece // 0,2 // 5,0 // 1,0 // France // 15,0 // 10,0 // 1,0 // Ireland // 0,3 // 1,0 // 1,0 // Italy // 4,8 // 77,0 // 84,0 // United Kingdom // 39,6 // 1,0 // 1,0 // // // //
Whereas, in order to take into account import trends for the products concerned in the various Member States, each of the quota amounts should be divided into two instalments, the first instalment being allocated among the Member States which have used up their initial quota shares; whereas, in order to give importers in each Member State a certain degree of security, the first instalment of the Community quotas should, under the present circumstances, be fixed at around 80 % of each of the quota amounts;
Whereas the initial quota shares of the Member States may be used up at different times; whereas, in order to take this fact into account and avoid any break in continuity, any Member State which has almost used up its initial quota share should draw an additional quota share from the corresponding reserve; whereas this must be done by each Member State as and when each of its additional shares is almost used up and repeated as many times as the reserve allows; whereas, the initial and additional quota shares must be valid until the end of the quota period; whereas this method of administration requires close cooperation between Member States and the Commission and the latter must, in particular, be in a position to monitor the extent to which the quota volumes have been used up and to inform the Member States thereof;
Whereas if, at a given date in the quota period, a substantial quantity of one of the initial shares remains unused in one or other Member State it is essential that that Member State should return a significant proportion to the reserve to prevent a part of any Community quota from remaining unused in one Member State when it could be used in others;
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 operations relating to the administration of the quota shares allocated to that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1987, the applicable cutoms duties on importations into the Community of Ten for the following products shall be suspended at the levels and within the limits of the Community tariff quotas as shown herewith:
1.2.3.4.5 // // // // // // Order No // CCT heading No // Description // Quota volume (in tonnes) // Quota duty // // // // // // 09.0501 // 16.04 D // Sardines, coming from Portugal // 5 000 // free // 09.0502 // 16.04 E // Tunny, coming from Portugal // 1 000 // free // 09.0503 // ex 16.04 F // Mackerel, coming from Portugal // 1 000 // free // // // // //
Article 2
1. Each of the tariff quotas referred to in Article 1 shall be divided into two instalments.
2. (a) The first instalment of each quota shall be allocated among the Member States; the respective shares, which, subject to Article 5, shall be valid until 31 December 1987, shall be as follows:
(in tonnes)
1.2,4 // // // Member States // Prepared or preserved // // 1.2.3.4 // // Sardines // Tunny // Mackerel // // // // // Benelux // 284 // 8 // 80 // Denmark // 76 // 8 // 8 // Germany // 1 244 // 24 // 8 // Greece // 8 // 8 // 8 // France // 600 // 80 // 8 // Ireland // 12 // 8 // 8 // Italy // 192 // 624 // 672 // United Kingdom // 1 584 // 8 // 8 // Total // 4 000 // 768 // 800 // // // //
(b) The second instalment of each quota, namely 1 000, 232 and 200 tonnes respectively, shall constitute the corresponding reserve.
Article 3
1. If 90 % or more of one of the Member State's initial shares as specified in Article 2 (2) or of that share minus the portion returned to the reserve, where Article 5 is applied, has been used up, then, to the extent permitted by the amount of the reserve, that Member State shall forthwith, by notifying the Commission, draw a second share equal to 10 % of its initial share, rounded up where necessary to the next unit.
2. If, after one of its initial shares has been used up, 90 % or more of the second share drawn by a Member State has been used up, then, to the extent permitted by the amount of the reserve, that Member State shall, in accordance with the conditions laid down in paragraph 1, draw a third share equal to 5 % of its initial share, rounded up where necessary to the next unit. 3. If, after one of its second shares has been used up, 90 % or more of the third share drawn by a Member State has been used up, that Member State shall, in accordance with the conditions laid down in paragraph 1, draw a fourth share equal to the third.
This process shall continue until the reserve is used up.
4. By way of derogation from paragraphs 1, 2 and 3, a Member State may draw shares smaller than those fixed in those paragraphs if there is reason to believe that these might not be used up. It shall inform the Commission of its reasons for applying this paragraph.
Article 4
Each of the additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987.
Article 5
The Member States shall return to the reserve, not later than 1 October 1987, the unused portion of their initial share which, on 15 September 1987, is in excess of 20 % of the initial volume. They may return a larger quantity if there are grounds for believing that it might not be used.
The Member States shall, not later than 1 October 1987 notify the Commission of the total quantities of the products concerned imported up to 15 September 1987 and charged against the Community quotas and of any quantities of the initial shares returned to each reserve.
Article 6
The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and shall, as soon as it is notified, inform each State of the extent to which the reserves have been used up.
It shall inform the Member States, not later than 5 October 1987 of the amount in the reserve after quantities have been returned thereto pursuant to Article 5.
It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and, to this end, notify the amount of the balance to the Member State making the last drawing.
Article 7
1. The Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without interruption against their accumulated shares of the tariff quotas.
2. The Member States shall ensure that importers of the products in question have free access to the shares allocated to them.
3. The Member States shall charge the importers of the products concerned against their shares as and when the products are entered with customs authorities for free circulation.
4. The extent to which a Member State has used up its share shall be determined on the basis of the imports coming from Portugal, entered with customs authorities for free circulation.
Article 8
At the Commission's request the Member States shall inform it of imports actually charged against their shares.
Article 9
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 10
This Regulation shall enter into force on 1 January 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 November 1986. | [
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COUNCIL DIRECTIVE 1999/22/EC
of 29 March 1999
relating to the keeping of wild animals in zoos
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 130s(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and Social Committee(1),
Acting in accordance with the procedure laid down in Article 189c of the Treaty(2),
Whereas Council Regulation (EEC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(3) requires evidence of the availability of adequate facilities for the accomodation and care of live specimens of a great many species before their importation into the Community is authorised; whereas that Regulation prohibits the display to the public for commercial purposes of specimens of species listed in Annex A thereof unless a specific exemption was granted for education, research or breeding purposes;
Whereas Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(4), and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(5), prohibit the capture and keeping of and trade in a great number of species, whilst providing for exemptions for specific reasons, such as research and education, repopulation, reintroduction and breeding;
Whereas the proper implementation of existing and future Community legislation on the conservation of wild fauna and the need to ensure that zoos adequately fulfil their important role in the conservation of species, public education, and/or scientific research make it necessary to provide a common basis for Member States' legislation with regard to the licensing and inspection of zoos, the keeping of animals in zoos, the training of staff and the education of the visiting public;
Whereas action at the Community level is required in order to have zoos throughout the Community contributing to the conservation of biodiversity in accordance with the Community's obligation to adopt measures for ex situ conservation under Article 9 of the Convention on Biological Diversity;
Whereas a number of organisations such as the European Association of Zoos and Aquaria have produced guidelines for the care and accomodation of animals in zoos which could, where appropriate, assist in the development and adoption of national standards,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Aim
The objectives of this Directive are to protect wild fauna and to conserve biodiversity by providing for the adoption of measures by Member States for the licensing and inspection of zoos in the Community, thereby strengthening the role of zoos in the conservation of biodiversity.
Article 2
Definition
For the purpose of this Directive, "zoos" means all permanent establishments where animals of wild species are kept for exhibition to the public for 7 or more days a year, with the exception of circuses, pet shops and establishments which Member States exempt from the requirements of this Directive on the grounds that they do not exhibit a significant number of animals or species to the public and that the exemption will not jeopardise the objectives of this Directive.
Article 3
Requirements applicable to zoos
Member States shall take measures under Articles 4, 5, 6 and 7 to ensure all zoos implement the following conservation measures:
- participating in research from which conservation benefits accrue to the species, and/or training in relevant conservation skills, and/or the exchange of information relating to species conservation and/or, where appropriate, captive breeding, repopulation or reintroduction of species into the wild,
- promoting public education and awareness in relation to the conservation of biodiversity, particularly by providing information about the species exhibited and their natural habitats,
- accommodating their animals under conditions which aim to satisfy the biological and conservation requirements of the individual species, inter alia, by providing species specific enrichment of the enclosures; and maintaining a high standard of animal husbandry with a developed programme of preventive and curative veterinary care and nutrition,
- preventing the escape of animals in order to avoid possible ecological threats to indigenous species and preventing intrusion of outside pests and vermin,
- keeping of up-to-date records of the zoo's collection appropriate to the species recorded.
Article 4
Licensing and inspection
1. Member States shall adopt measures for licensing and inspection of existing and new zoos in order to ensure that the requirements of Article 3 are met.
2. Every zoo shall have a licence within four years after the entry into force of this Directive or, in the case of new zoos, before they are open to the public.
3. Each licence shall contain conditions to enforce the requirements of Article 3. Compliance with the conditions shall be monitored inter alia by means of regular inspection and appropriate steps shall be taken to ensure such compliance.
4. Before granting, refusing, extending the period of, or significantly amending a licence, an inspection by Member States' competent authorities shall be carried out in order to determine whether or not the licensing conditions or proposed licensing conditions are met.
5. If the zoo is not licensed in accordance with this Directive or the licensing conditions are not met, the zoo or part thereof:
(a) shall be closed to the public by the competent authority; and/or
(b) shall comply with appropriate requirements imposed by the competent authority to ensure that the licensing conditions are met.
Should these requirements not be complied with within an appropriate period to be determined by the competent authorities but not exceeding two years, the competent authority shall withdraw or modify the licence and close the zoo or part thereof.
Article 5
Licensing requirements set out in Article 4 shall not apply where a Member State can demonstrate to the satisfaction of the Commission that the objective of this Directive as set out in Article 1 and the requirements applicable to zoos set out in Article 3 are being met and continously maintained by means of a system or regulation and registration. Such a system should, inter alia, contain provisions regarding inspection and closure of zoos equivalent to those in Article 4(4) and (5).
Article 6
Closure of zoos
In the event of a zoo or part thereof being closed, the competent authority shall ensure that the animals concerned are treated or disposed of under conditions which the Member State deems appropriate and consistent with the purposes and provisions of this Directive.
Article 7
Competent authorities
Member States shall designate competent authorities for the purposes of this Directive.
Article 8
Penalties
Member States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties shall be effective, proportionate and dissuasive.
Article 9
Implementation
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this directive not later than 9 April 2002. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.
Article 10
Entry in force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 11
This Directive is addressed to the Member States.
Done at Brussels, 29 March 1999. | [
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COMMISSION REGULATION (EC) No 1345/2004
of 22 July 2004
amending the specification of a name appearing in the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin (Scotch Lamb)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 9 thereof,
Whereas:
(1)
Under Article 9 of Regulation (EEC) No 2081/92, the United Kingdom authorities have requested amendments to the description and the method of production of ‘Scotch Lamb’, registered as a protected designation of origin by Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (2).
(2)
Following examination of this request for amendment, it has been decided that the amendments concerned are not minor.
(3)
In accordance with the procedure laid down in Article 9 of Regulation (EEC) No 2081/92 and since the amendments are not minor, the Article 6 procedure applies mutatis mutandis.
(4)
It has been decided that the amendments in this case comply with Regulation (EEC) No 2081/92. No statement of objection, within the meaning of Article 7 of the Regulation, has been sent to the Commission following the publication in the Official Journal of the European Union (3) of the above amendments.
(5)
Consequently, these amendments must be registered and published in the Official Journal of the European Union,
HAS ADOPTED THIS REGULATION:
Article 1
The amendments set out in Annex I to this Regulation shall be registered and published in accordance with Article 6(4) of Regulation (EEC) No 2081/92.
A summary of the main points of the specification is given in Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2004. | [
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*****
COMMISSION DECISION
of 14 December 1984
amending Council Decision 82/736/EEC as regards the list of establishments in Sweden approved for the purposes of importing fresh meat into the Community
(85/39/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals, swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,
Whereas a list of establishments in Sweden, approved for the purposes of the importation of fresh meat into the Community, was drawn up initially by Council Decision 82/736/EEC (3), as last amended by Commission Decision 84/574/EEC (4);
Whereas a routine inspection under Article 5 of Directive 72/462/EEC and Article 3 (1) of Commission Decision 83/196/EEC of 8 April 1983 concerning on-the-spot inspections to be carried out in respect of the importation of bovine animals, swine and fresh meat from non-member countries (5) has revealed that the level of hygiene of certain establishments has altered since the last inspection;
Whereas the list of establishments should, therefore, be amended;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 82/736/EEC is hereby replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 December 1984. | [
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COMMISSION DECISION
of 22 February 2008
concerning certain protection measures in relation to highly pathogenic avian influenza in Israel and derogating Decision 2006/696/EC
(notified under document number C(2008) 679)
(Text with EEA relevance)
(2008/161/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 18(1) and (5) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (2), and in particular Article 22(1) and (6) thereof,
Whereas:
(1)
Avian influenza is an infectious viral disease in poultry and other birds, causing mortality and disturbances which can quickly take epizootic proportions liable to present a serious threat to animal and public health and to reduce sharply the profitability of poultry farming. There is a risk that the disease agent might be introduced into the Community via international trade in live poultry and certain other birds and products thereof.
(2)
Israel has notified the Commission of an outbreak in poultry of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1. Israel has taken the necessary measures and has informed the Commission thereof.
(3)
Commission Decision 2006/696/EC of 28 August 2006 laying down a list of third countries from which poultry, hatching eggs, day-old chicks, meat of poultry, ratites and wild game birds, eggs and egg products and specified pathogen-free eggs may be imported into and transit through the Community and the applicable veterinary certification conditions, and amending Decisions 93/342/EEC, 2000/585/EC and 2003/812/EC (3) lays down the veterinary certification conditions for imports into and transit through the Community of those products. Taking into account the information provided by Israel and the level of control of disease applied, it is appropriate to provide for measures that may be applied regarding parts of that third country depending on the epidemiological situation and to derogate temporarily from the requirements as laid down in Decision 2006/696/EC.
(4)
In view of the threat to animal health arising from the risk of the introduction of avian influenza into the Community, it is appropriate to suspend imports of live poultry, ratites, farmed and wild feathered game, and hatching eggs of those species from the affected part of Israel.
(5)
Taking into account the risk to animal health, it is also appropriate to suspend imports into the Community from the affected part of Israel of fresh meat of poultry, ratites, farmed and wild feathered game, and imports of minced meat, mechanically separated meat, meat preparations and meat products consisting of or containing meat of those species, as well as certain other products of birds.
(6)
Certain products derived from poultry, ratites and farmed and wild feathered game slaughtered or hunted before 12 December 2007 should continue to be authorised from the whole of Israel, taking into account the incubation period of avian influenza.
(7)
Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries, and repealing Decision 2005/432/EC (4) sets out specific treatments in Part 4 of Annex II to that Decision concerning those imports. Accordingly, imports of meat products of poultry, ratites, and farmed and wild feathered game originating in Israel and treated to a temperature of at least 70 °C which inactivates the pathogen for avian influenza throughout the product should continue to be authorised.
(8)
It is appropriate to limit the period during which the measures provided for in this Decision are to apply. Accordingly, taking into account the time necessary to conclude definitely that the outbreak is contained, these measures should cease to apply to poultry imported after 2 April 2008 and to products produced after that date.
(9)
However, in order to be in a position to sign the veterinary certificates for imports into the Community of live poultry and poultry products, Israel is required pursuant to Commission Decisions 93/342/EEC (5) and 94/438/EC (6) to be free from highly pathogenic avian influenza for a period of at least six months where a sanitary slaughter policy is practised and if no emergency vaccination has been carried out.
(10)
When Israel regains its former status, it will again be in a position to certify that it is a country free from highly pathogenic avian influenza, in accordance with Decisions 93/342/EEC and 94/438/EC. However, taking into account that the measures applied by Israel can be considered as equivalent to Community measures, imports from the whole territory of that third country should be authorised, subject to certain certification requirements, from 3 April 2008.
(11)
However, from 3 April 2008 to the date of end of application of this Decision, the certificate should mention that the commodities are imported in accordance with this Decision.
(12)
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
Derogation from Article 5 of Decision 2006/696/EC
By way of derogation from Article 5 of Decision 2006/696/EC, instead of the entries in Part I of Annex I to that Decision, the entries in the following table shall apply to imports from Israel.
IL - Israel
IL-0
The whole of Israel
IL-1
Area of Israel outside the following boundaries:
-
to the west, the Mediterranean Sea,
-
to the south, highway number 65,
-
to the north, highway number 70 (Milek Valley),
-
to the east, the route of highway number 6 which is under construction along the western ridge of Mount Carmel.
BPR, BPP, DOC, DOR, HEP, HER, SPF, SRP
IL-2
Area of Israel within the following boundaries:
-
to the west, the Mediterranean Sea,
-
to the south, highway number 65,
-
to the north, highway number 70 (Milek Valley),
-
to the east, the route of highway number 6 which is under construction along the western ridge of Mount Carmel.
Article 2
Derogation from Article 15 of Decision 2006/696/EC
By way of derogation from Article 15 of Decision 2006/696/EC, instead of the entries in Part 1 of Annex II to that Decision, the entries in the following table shall apply to imports from Israel.
IL - Israel
IL-0
The whole of Israel
IL-1
Area of Israel outside the following boundaries:
-
to the west, the Mediterranean Sea,
-
to the south, highway number 65,
-
to the north, highway number 70 (Milek Valley),
-
to the east, the route of highway number 6 which is under construction along the western ridge of Mount Carmel.
WGM
III
EP, E, POU, RAT
IL-2
Area of Israel within the following boundaries:
-
to the west, the Mediterranean Sea,
-
to the south, highway number 65,
-
to the north, highway number 70 (Milek Valley),
-
to the east, the route of highway number 6 which is under construction along the western ridge of Mount Carmel.
Article 3
Suspension of certain imports from Israel
Member States shall suspend imports from Israel of:
(a)
live poultry, ratites, farmed and wild feathered game, and hatching eggs of those species coming from the territory IL-2, as defined in the table in Article 1;
(b)
the following products produced before 2 April 2008 and coming from the territory IL-2, as defined in the table in Article 2:
(i)
fresh meat of poultry, ratites, and farmed and wild feathered game;
(ii)
minced meat, mechanically separated meat, meat preparations and meat products consisting of or containing meat referred to in (i);
(iii)
raw pet food and unprocessed feed material containing any parts of poultry, ratites and farmed and wild feathered game.
Article 4
Derogations from Article 3(b) of this Decision
By way of derogation from Article 3(b), Member States shall authorise the importation of the products referred to in Article 3(b)(i), (ii) and (iii), which have been obtained from birds slaughtered or hunted before 12 December 2007.
In the veterinary certificates/commercial documents accompanying consignments of those products, the following words as appropriate to the species shall be included:
‘Fresh meat/minced meat/mechanically separated meat of poultry, ratites, farmed or wild feathered game (7) or meat preparations/meat products consisting of, or containing meat of poultry, ratites, farmed or wild feathered game (7) or raw pet food and unprocessed feed material containing any parts of poultry, ratites, farmed or wild feathered game (7) obtained from birds slaughtered or hunted before 12 December 2007 and in accordance with Article 4 of Commission Decision 2008/161/EC.
Article 5
Derogations from Article 3(b)(ii)) of this Decision
By way of derogation from Article 3(b)(ii), Member States shall authorise the importation of meat products consisting of or containing meat of poultry, ratites, farmed or wild feathered game provided that the meat product has undergone at least one of the specific treatments referred to under points B, C or D in Part 4 of Annex II to Decision 2007/777/EC.
The specific treatment applied in accordance with the first paragraph of this Article shall be certified by the addition of the following words:
(a)
to point II.1.1, column B of the animal health attestation in the animal and public health certificate, drawn up in accordance with the model set out in Annex III to Decision 2007/777/EC:
‘Meat products treated in accordance with Commission Decision 2008/161/EC’;
(b)
to point I.28 in the column ‘Treatment type’ to the veterinary certificate for transit and/or storage, drawn up in accordance with the model set out in Annex IV to Decision 2007/777/EC:
‘Meat products treated in accordance with Commission Decision 2008/161/EC’.
Article 6
Certification requirement
From 3 April 2008, imports into the Community of the commodities referred to in Article 3 shall be allowed from the whole territory of Israel, subject to the inclusion of the following words in the veterinary certificates accompanying consignments of those commodities:
‘Consignment in accordance with Commission Decision 2008/161/EC’.
Article 7
Compliance
Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.
Article 8
Applicability
This Decision shall apply until 2 July 2008.
However, Articles 1 to 5 shall apply until 2 April 2008.
Article 9
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 22 February 2008. | [
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Commission Regulation (EC) No 86/2003
of 17 January 2003
fixing the maximum export refund on wholly milled long grain B rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1898/2002
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 Commission Regulation (EC) No 411/2002(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 1898/2002(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 1948/2002(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum export refund on wholly milled long grain B rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1898/2002 is hereby fixed on the basis of the tenders submitted from 13 to 16 January 2003 at 265,00 EUR/t.
Article 2
This Regulation shall enter into force on 18 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2003. | [
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COUNCIL DIRETTIVE of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (91/493/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposals from the Commission (1),
Having regard to the opinions of the European Parliament (2),
Having regard to the opinions of the Economic and Social Committee (3),
Whereas, with a view to achieving the internal market and more especially to ensuring the smooth operation of the common organization of the market in fishery products established by Regulation (EEC) No 3796/81 (4), as last amended by Regulation (EEC) No 2886/89 (5), it is essential that the marketing of fish and fish products should no longer be hindered by disparities existing in the Member States in respect of health requirements; whereas this will enable production and placing on the market to be better harmonized and bring about competition on equal terms, whilst ensuring quality products for the consumer;
Whereas the European Parliament in its legislative resolution of 17 March 1989 (6) requested the Commission to come forward with comprehensive proposals on the hygienic production and placing on the market of fishery products, including solutions for the problem of nematodes;
Whereas fishery products freshly caught are in principle free of contamination with micro-organisms; whereas however contamination and subsequent decomposition may occur when handled and treated unhygienically;
Whereas therefore the essential requirements should be laid down for the correct hygienic handling of fresh and processed
fishery products at all stages of production and during storage and transport;
Whereas it is appropriate to apply by analogy certain marketing standards which are laid down pursuant to
Article 2
of Regulation (EEC) No 3796/81, in order to fix the health quality of these products;
Whereas it is the responsibility primarily of the fisheries industry to ensure that fishery products meet the health requirements laid down in this Directive;
Whereas the competent authorities of the Member States must, by carrying out checks and inspections, ensure that producers and manufacturers comply with the said requirements;
Whereas Community control measures should be introduced to guarantee the uniform application in all Member States of the standards laid down in this Directive;
Whereas, in order to ensure the smooth operation of the internal market, the measures should apply in an identical manner to trade within the Member States and to trade between the Member States;
Whereas in the context of intra-Community trade, the
rules laid down in Council Directive 89/662/EEC of
11 December 1989 concerning veterinary checks in
intra-Community trade with a view to the completion
of the internal market (7) as amended by Directive 90/675/EEC (8) apply to fishery products;
Whereas fishery products from third countries intended to be placed on the market of the Community must not qualify for more favourable arrangements than those applied in the Community; whereas provision should therefore be made for a Community procedure for the inspection in third countries of the conditions of production and placing on the market in order to permit the application of a common import system based on conditions of equivalence;
Whereas the products in question are subject to the rules concerning checks and to safeguard measures covered by Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries;
Whereas, so that account may be taken of particular circumstances, derogations should be granted to some establishments already operating before 1 January 1993 so as to allow them to adapt to all the requirements laid down in this Directive;
Whereas the Commission should be entrusted with the task of adopting certain measures for implementing this
Directive; whereas, to that end, procedures should be laid down introducing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;
Whereas the essential requirements laid down in this Directive may need further specification,
HAS ADOPTED THIS DIRECTIVE
CHAPTER I General provisions
Article 1
This Directive lays down the health conditions for the production and the placing on the market of fishery products for human consumption.
Article 2
For the purposes of this Directive, the following definitions shall apply:
1. 'fishery products' means all seawater or freshwater animals or parts thereof, including their roes, excluding aquatic mammals, frogs and aquatic animals covered by other Community acts;
2. 'aquaculture products' means all fishery products born and raised in controlled conditions until placed on the market as a foodstuff. However seawater or freshwater fish or crustaceans caught in their natural environment when juvenile and kept until they reach the desired commercial size for human consumption are also considered to be aquaculture products. Fish and crustaceans of commercial size caught in their natural environment and kept alive to be sold at a later date are not considered to be aquaculture products if they are merely kept alive without any attempt being made to increase their size or weight;
3. 'chilling' means the process of cooling fishery products to a temperature approaching that of melting ice;
4. 'fresh products' means any fishery product whether whole or prepared, including products packaged under vacuum or in a modified atmosphere, which have not undergone any treatment to ensure preservation other than chilling;
5. 'prepared products' means any fishery product which has undergone an operation affecting its anatomical wholeness, such as gutting, heading, slicing, filleting, chopping, etc.;
6. 'processed products' means any fishery product which has undergone a chemical or physical process such
as the heating, smoking, salting, dehydration or marinating, etc., of chilled or frozen products, whether or not associated with other foodstuffs, or a combination of these various processes;
7. 'preserve' means the process whereby products are packaged in hermetically sealed containers and subjected to heat treatment to the extent that any micro-organisms that might proliferate are destroyed or inactivated, irrespective of the temperature at which the product is to be stored;
8. 'frozen products' means any fishery product which
has undergone a freezing process to reach a core temperature of -18 oC or lower after temperature stabilization;
9. 'packaging' means the procedure of protecting fishery products by a wrapper, a container or any other suitable device;
10. 'batch' means the quantity of fishery products obtained under practically identical circumstances;
11. 'consignment' means the quantity of fishery products bound for one or more customers in the country of destination and conveyed by one means of transport only;
12. 'means of transport' means those parts set aside for goods in automobile vehicles, rail vehicles and aircraft, the holds of vessels, and containers for transport by land, sea or air;
13. 'competent authority' means the central authority of a Member State competent to carry out veterinary checks or any authority to which it has delegated that competence;
14. 'establishment' means any premises where fishery products are prepared, processed, chilled, frozen, packaged or stored. Auction and wholesale markets in which only display and sale by wholesale takes place are not deemed to be establishments;
15. 'placing on the market' means the holding or displaying for sale, offering for sale, selling, delivering or any other form of placing on the market in the Community, excluding retail sales and direct transfers on local markets of small quantities by fishermen to retailers or consumers, which must be subject to the health checks laid down by national rules for checking the retail trade;
16. 'importation' means the introduction into the territory of the Community of fishery products from third countries;
17. 'clean seawater' means seawater or briny water which is free from microbiological contamination, harmful substances and/or toxic marine plankton in such quantities as may affect the health quality of fishery products and which is used under the conditions laid down in this Directive;
18. 'factory vessel' means any vessel on which fishery products undergo one or more of the following operations followed by packaging: filleting, slicing, skinning, mincing, freezing or processing.
The following are not deemed to be 'factory vessels':
- fishing vessels in which only shrimps and molluscs are cooked on board;
- fishing vessels on board which only freezing is carried out.
Article 3
1. The placing on the market of fishery products caught in their natural environment shall be subject to the following conditions:
(a) they must have:
(i) been caught and where appropriate handled for bleeding, heading, gutting and the removal of fins, chilled or frozen, on board vessels in accordance with hygiene rules to be established by the Council acting by a qualified majority on a proposal from the Commission. The Commission shall submit proposals to that effect before 1 October 1992;
(ii)
where appropriate, been handled in factory vessels approved in accordance with Article 7, and in accordance with the requirements of Chapter I of the Annex.
The cooking of shrimps and molluscs on board must comply with the provisions of Chapter III, section I(5), or Chapter IV, section IV(7), of the Annex. Such vessels shall be specifically registered by the competent authorities;
(b)
during and after landing they must have been handled in accordance with Chapter II of the Annex;
(c)
they must have been handled and, where appropriate, packaged, prepared, processed, frozen, defrosted or stored hygienically in establishments approved in accordance with Article 7, in compliance with the requirements of Chapters III and IV of the Annex.
The competent authority may, notwithstanding Chapter II, section 2 of the Annex, authorize the transfer of fishery products ex quay into containers for immediate delivery to an approved establishment or registered auction or wholesale market to be checked there;
(d)
they must have undergone a health check in accordance with Chapter V of the Annex;
(e)
they must have been appropriately packaged in accordance with Chapter VI of the Annex;
(f)
they must have been given an identification mark in accordance with Chapter VII of the Annex;
(g)
they must have been stored and transported under satisfactory conditions of hygiene, in accordance with Chapter VIII of the Annex.
2. Where gutting is possible from a technical and commercial viewpoint, it must be carried out as quickly as possible after the products have been caught or landed.
3. The placing on the market of aquaculture products shall be subject to the following conditions:
(a)
they must have been slaughtered under appropriate conditions of hygiene. They must not be soiled with earth, slime or faeces. If not processed immediately after having been slaughtered, they must be kept chilled;
(b)
they must, in addition, comply with the requirements laid down under 1 (c) to (g).
4. (a) The placing on the market of live bivalve molluscs shall be subject to the requirements laid down in Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs (9).
(b)
When processed, bivalve molluscs must, in addition to the requirements in point (a), satisfy those of paragraph 1 (c) to (g).
Article 4
Fishery products to be placed on the market alive shall at all times be kept under the most suitable survival conditions.
Article 5
The placing on the market of the following products shall be forbidden:
- poisonous fish of the following families: Tetraodontidae, Molidae, Diodontidae, Canthigasteridae,
- fishery products containing biotoxins such as ciguatera toxins or muscle-paralysing toxins.
Detailed requirements concerning the species covered by this Article and concerning methods of analysis shall be laid down in accordance with the procedure prescribed in Article 15.
Article 6
1. Member States shall ensure that persons responsible for establishment take all necessary measures, so that, at all stages of the production of fishery products, the specifications of this Directive are complied with.
To that end, the said persons responsible must carry out their own checks based on the following principles;
- identification of critical points in their establishment on the basis of the manufacturing processes used;
- establishment and implementation of methods for monitoring and checking such critical points;
- taking samples for analysis in an approved laboratory by the competent authority for the purpose of checking cleaning and disinfection methods and for the purpose of checking compliance with the standards established by this Directive;
- keeping a written record or a record registered in an indelible fashion of the preceding points with a view to submitting them to the competent authority. The results of the different checks and tests will in particular be kept for a period of at least two years.
2. If the results of own checks or any information at the disposal of the persons responsible referred to in paragraph 1 reveal the risk of a health risk or suggest one might exist and without prejudice to the measures laid down in the fourth subparagraph of Article 3 (1) of Directive 89/662/EEC, the appropriate measures shall be taken, under official supervision.
3. Rules for the application of the second subparagraph of paragraph 1 shall be established in accordance with the procedure laid down in Article 15.
Article 7
1. The competent authorities shall approve establishments once they have verified that these establishments meet the requirements of this Directive, with regard to the nature of the activities they carry out. The approval must be renewed if an establishment decides to carry out activities other than those for which it has received approval.
The competent authorities shall take the necessary measures if the requirements cease to be met. To this end, they shall take particular account of the conclusions of any check carried out in accordance with Article 8.
The competent authority shall register those auction and wholesale markets which are not subject to approval after verifying that such installations comply with the provisions of this Directive.
2. However, subject to the express condition that products coming from factory-vessels and establishments,
auction and wholesale markets meet the hygiene standards set by this Directive, Member States may, for the requirements relating to equipment and structures laid down in Chapters I to IV to the Annex, grant to factory-vessels and establishments, auction and wholesale markets a further period expiring on 31 December 1995 within which to comply with the conditions of approval set out in Chapter IX. Such derogations may be granted only to factory-vessels and establishments, auction and wholesale markets, already operating on 31 December 1991, which have, before 1 July 1992, submitted a duly justified application for derogation to the competent national authority. This application must be accompanied by a work plan and programme indicating the period within which it would be possible for them to comply with the requirements in question. Where financial assistance is requested from the Community, only requests in respect of projects complying with the requirements of this Directive can be accepted.
3. The competent authorities shall draw up a list of their approved establishments, each of which shall have an official number.
Each Member State shall notify the Commission of its list of approved establishments and of any subsequent amendment thereof. The Commission shall forward this information to the other Member States.
4. The inspection and monitoring of establishments shall be carried out regularly under the responsibility of the competent authority, which shall at all times have free access to all parts of establishments, in order to ensure compliance with the requirements of this Directive.
If such inspections and monitoring reveal that the requirements of this Directive are not being met, the competent authority shall take appropriate action.
5. Paragraphs 1, 3 and 4 shall also apply in respect of factory vessels.
6. Paragraphs 3 and 4 shall also apply to wholesale and auction markets.
Article 8
1. Experts from the Commission may, in cooperation with the competent authorities of the Member States, make on-the-spot checks insofar as this is necessary to ensure the uniform application of this Directive. They may in particular verify whether establishments are in effect complying with the requirements of this Directive. A Member State in whose territory a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the Member States of the results of the investigations.
2. The arrangements for implementing paragraph 1 shall be adopted in accordance with the procedure laid down in Article 15.
Article 9
1. The rules laid down in Directive 89/662/EEC, as regards fishery products intended for human consumption, shall apply, in particular as regards the organization of and the action to be taken following the inspections to be carried out by the Member States of destination, and the protective measures to be implemented.
2. Directive 89/662/EEC shall be amended as follows:
(a) in Annex A the following indent shall be added:
'- Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and placing on the market of fishery products (OJ No L 268, 24. 9. 1991, p. 15);'
(b) In Annex B the following indent shall be deleted:
'- fishery products intended for human consumption'.
CHAPTER II Imports from third countries
Article 10
Provisions applied to imports of fishery products from third countries shall be at least equivalent to those governing the production and placing on the market of Community products.
Fishery products caught in their natural environment by a fishing vessel flying the flag of a third country must undergo the checks laid down in Article 18 (3) of Directive 90/675/EEC.
Article 11
1. For each third country or group of third countries, fishery products must fulfil the specific import conditions fixed in accordance with the procedure laid down in Article 15, depending on the health situation in the third country concerned.
2. In order to allow the import conditions to be fixed, and in order to verify the conditions of production, storage and dispatch of fishery products for consignment to the Community, inspections may be carried out on the spot by experts from the Commission and the Member States.
The experts of the Member States who are to be entrusted with these inspections shall be appointed by the Commission acting on a proposal from the Member States.
These inspections shall be made on behalf of the Community, which shall bear any expenditure incurred.
The frequency of and procedure for these inspections shall be determined in accordance with the procedure laid down in Article 15.
3. When fixing the import conditions of fishery products referred to in paragraph 1, particular account shall be taken of:
(a) the legislation of the third country;
(b)
the organization of the competent authority of the third country and of its inspection services, the powers of such services and the supervision to which they are subject, as well as their facilities for effectively verifying the implementation of their legislation in force;
(c)
the actual health conditions during the production, storage and dispatch of fishery products intended for the Community;
(d)
the assurances which a third country can give on the compliance with the standards laid down in Chapter V of the Annex.
4. The import conditions referred to in paragraph 1 shall include:
(a)
the procedure for obtaining a health certificate which must accompany consignments when forwarded to the Community;
(b)
the placing of a mark identifying the fishery products,
in particular with the approval number of the establishment of origin, except in the case of frozen fishery products, landed immediately for canning and bearing the certificate provided for under (a);
(c)
drawing up a list of approved establishments and auction or wholesale markets registered and approved by the Commission in accordance with the procedure laid down in Article 15;
For that purpose, one or more lists of such establishments shall draw up on the basis of a communication from the competent authorities of the third country to the Commission. An establishment may not appear on a list unless it is officially approved by the competent authority of the third country exporting to the Community. Such approval shall be subject to observance of the following requirements:
- compliance with requirements equivalent to those laid down in this Directive,
- monitoring by an official inspection service of the third country.
5. The conditions referred to in paragraph 4 (a) and (b) may be modified in accordance with the procedure laid down in Article 15.
The list referred to in paragraph 4 (c) may be amended by the Commission, in accordance with the rules established by Commission Decision 90/13/EEC (10).
6. To deal with specific situations and in accordance with the procedure laid down in Article 15, imports may be authorized direct from an establishment or factory vessel of a third country where the latter is unable to provide the guarantees laid down in paragraph 3, provided that the establishment or factory vessel in question has received special approval following an inspection carried out in accordance with paragraph (2). The authorization decision shall fix the specific import conditions to be followed for products coming from that establishment or factory vessel.
7. Pending the fixing of the import conditions referred to in paragraph 1, the Member States shall ensure that the conditions applied to imports of fishery products from third countries shall be at least equivalent to those governing
the production and placing on the market of Community products.
Article 12
1. The rules and principles laid down by Directive 90/675/EEC shall apply, notably as regards the organization of and follow up to the inspections to be carried out by the Member States.
2. Without prejudice to compliance with the rules and principles referred to in paragraph 1 of this Article and pending implementation of the decisions provided for in Article 8 (3) and Article 30 of Directive 90/675/EEC, and in Article 11 of this Directive the relevant national rules for applying Article 8 (1) and (2) of the said Directive shall continue to apply.
CHAPTER III Final provisions
Article 13
The Annexes shall be amended by the Council, acting by a qualified majority on a proposal from the Commission.
Article 14
The Commission, after consulting the Member States, shall by 1 July 1992 submit a report to the Council concerning the minimum structural and equipment requirements to be met by small establishments which distribute on the local market and are situated in regions subject to particular supply constraints, together with any proposals, on which the
Council, acting under the voting procedure laid down in Article 43 of the Treaty, shall act before 31 December 1992.
Article 15
1. Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Standing Veterinary Committee set up by Decision 68/361/EEC (11) hereafter referred to as the Committee, either on his own initiative or at the request of a Member State.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority.
Article 16
In order to take into account the possible failure to take a decision on the detailed rules for applying this Directive by
1 January 1993, necessary transitional measures may be adopted in accordance with the procedure laid down in Article 15 for a period of two years.
Article 17
The provisions of this Directive shall be re-examined before
1 January 1998 by the Council, acting on proposals from the Commission, on the basis of experience gained.
Article 18
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1993. They shall notify the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
Article 19
This Directive is addressed to the Member States.
Done at Brussels, 22 July 1991. | [
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Council Decision
of 19 May 2003
on the signing, on behalf of the European Community, and provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003
(2003/384/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The European Community and the Republic of Guinea have held negotiations to determine the amendments or additions to be made to the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast(1) at the end of the period of application of the Protocol annexed to the said Agreement.
(2) During these negotiations, the two parties decided to extend the current Protocol(2) for a second one-year period from 1 January 2003 to 31 December 2003 by means of an Agreement in the form of an Exchange of Letters, pending the conclusion of the negotiations on the amendments to be made to the Protocol.
(3) Under this Exchange of Letters, Community fishermen have fishing opportunities in the waters under the sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 2003 to 31 December 2003.
(4) The extension must be applied at the earliest opportunity in order to avoid fishing activities by Community vessels being interrupted. The Agreement in the form of an Exchange of Letters should therefore be signed, pending a definitive decision under Article 37 of the Treaty, and applied provisionally.
(5) The method of allocating the fishing opportunities for trawlers and tuna boats among the Member States under the Protocol that is due to expire should be confirmed,
HAS DECIDED AS FOLLOWS:
Article 1
The signature of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003 is hereby approved on behalf of the Community, pending the Council decision on conclusion of the Agreement.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The Agreement referred to in Article 1 shall apply provisionally in the Community with effect from 1 January 2003.
Article 3
The fishing opportunities for trawlers and tuna boats fixed in Article 1 of the Protocol shall be allocated pro rata temporis among the Member States as follows:
TABLE
If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.
Article 4
The Member States whose vessels fish under the Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within the Guinean fishing zone in accordance with the implementing rules laid down by Commission Regulation (EC) No 500/2001(3).
Article 5
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters on behalf of the Community, subject to its conclusion.
Article 6
This Decision shall take effect on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 19 May 2003. | [
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Commission Directive 2003/23/EC
of 25 March 2003
amending Council Directive 91/414/EEC to include imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid as active substances
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2002/81/EC(2), and in particular Article 6(1) thereof,
Whereas:
(1) In accordance with Article 6(2) of Directive 91/414/EEC France received on 2 December 1997 an application from Cyanamid NV/SA (now BASF AG) for the inclusion of the active substance imazamox in Annex I to Directive 91/414/EEC. Commission Decision 1998/676/EC(3) confirmed that the dossier was "complete" in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.
(2) Italy received a similar application on 29 May 1998 from Novartis Protezione Piante SpA (now Syngenta) concerning oxasulfuron. This application was declared complete by Commission Decision 1999/237/EC(4).
(3) Italy received a similar application on 3 July 1996 from Hoechst Schering AgrEvo GmbH (now Bayer Crop Science concerning ethoxysulfuron. This application was declared complete by Commission Decision 97/591/EC(5).
(4) Germany received a similar application on 30 March 2000 from Aventis Crop Science (now Bayer Crop Science) concerning foramsulfuron. This application was declared complete by Commission Decision 2000/540/EC(6).
(5) Italy received a similar application on 16 June 1997 from Rhone-Poulenc Agro SA (now Bayer Crop Science) concerning oxadiargyl. This application was declared complete by Commission Decision 98/398/EC(7).
(6) France received a similar application on 16 December 1999 from Ishira Sangyo Kaisha Ltd concerning cyazofamid. This application was declared complete by Commission Decision 2000/412/EC(8).
(7) For these active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The nominated rapporteur Member States, submitted a draft assessment report concerning the substance to the Commission on 9 September 1999 (imazamox), 10 May 2000 (oxasulfuron), 20 May 1998 (ethoxysulfuron), 1 June 2001 (foramsulfuron), 20 July 1999 (oxadiargyl) and 27 August 2001 (cyazofamid).
(8) The draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 3 December 2002 in the format of the Commission review reports for imazamox, oxadiargyl, oxasulfuron, ethoxysulfuron, foramsulfuron and cyazofamid.
(9) The reviews of imazamox, oxasulfuron foramsulfuron, oxadiargyl and cyazofamid did not reveal any open questions or concern, which would have required a consultation of the Scientific Committee on Plants.
(10) The documents and information on ethoxysulfuron were also submitted to the Scientific Committee for Plants for separate consultation. In a first consultation the Scientific Committee was invited to comment on the occurrence of uterine tumours in rats. In its opinion(9) the Committee considered the increase in uterine tumour incidence in rats of no relevance to human risk as it occurred only at a high dose causing marked general toxicity. No additional mechanistic studies were deemed necessary. An additional consultation was made on the potential risk to aquatic organisms. In its second opinion(10) the Committee concluded that assessment of the risk of ethoxysulfuron to aquatic organisms was lacking in several respects, in particular with respect to sediment-dwelling organisms. Also assessment of the risk to aquatic plants and algae from the metabolite Hoe 136086 of ethoxysulfuron was considered incomplete.
Additional studies and information were subsequently provided by the applicant and the risk assessment for the active substance and its degradation products was revised by the rapporteur Member State.
(11) It has appeared from the various examinations made that plant protection products containing the active substances concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1) (a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.
(12) The Commission review reports are required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. It is, therefore, appropriate to provide that the finalised review reports, except for confidential information within the meaning of Article 14 of Directive 91/414/EEC, should be kept available or made available by the Member States for consultation by any interested parties.
(13) After inclusion, Member States should be allowed a reasonable period to implement the provisions of Directive 91/414/EEC as regards plant protection products containing imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl or cyazofamid and in particular to review existing provisional authorisations and, by the end of this period at the latest, to transform those authorisations into full authorisations, to amend them or to withdraw them in accordance with the provisions of Directive 91/414/EEC.
(14) It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(15) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Article 2
Member States shall adopt and publish by 31 December 2003 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 January 2004.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 3
1. Member States shall review the authorisation for each plant protection product containing imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl, or cyazofamid to ensure that the conditions relating to this active substance set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw the authorisation in accordance with Directive 91/414/EEC before 31 December 2003.
2. Member States shall, for each authorised plant protection product containing imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl, or cyazofamid as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 30 June 2003, re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III thereto. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Where necessary and by 31 December 2004 at the latest, they shall amend or withdraw the authorisation for each such plant protection product.
Article 4
This Directive shall enter into force on 1 July 2003.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 25 March 2003. | [
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*****
COMMISSION DECISION
of 23 May 1990
approving measures to set up pilot projects for the control of rabies with a view to its eradication or prevention presented by the Netherlands
(Only the Dutch text is authentic)
(90/331/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 89/455/EEC of 24 July 1989 introducing Community measures to set up pilot projects for the control of rabies with a view to its eradication or prevention (1), and in particular Article 4 thereof,
Whereas, conforming to Article 1 of Decision 89/455/EEC the Netherlands shall set up large-scale pilot projects in accordance with Article 3 for the eradication or prevention of rabies in the wild life of the Community using vaccines for the oral immunization of foxes;
Whereas the pilot projects as presented by the Netherlands include the adjacent border areas of Belgium and the Federal Republic of Germany;
Whereas the pilot project is part of a cross border cooperation with Belgium and the Federal Republic of Germany;
Whereas by letters dated 30 October 1989 and 25 January 1990 the Netherlands notified the Commission of pilot projects for the control of rabies with a view to its eradication or prevention;
Whereas, after examination the pilot project was found to comply with Decision 89/455/EEC; whereas the conditions for financial participation by the Community are therefore met;
Whereas the measure provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The pilot projects for the eradication and prevention of rabies, presented by the Netherlands are hereby approved.
Article 2
The Netherlands shall bring into force by 1 September 1989 the laws, regulations and administrative provisions for implementing the pilot projects referred to in Article 1.
Article 3
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 23 May 1990. | [
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*****
COMMISSION DECISION
of 18 April 1990
concerning certain protection measures relating to contagious bovine pleuropneumonia in Spain
(90/208/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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), as last amended by Directive 89/662/EEC (2), and in particular Article 9 thereof,
Whereas several outbreaks of contagious bovine pleuropneumonia have occurred in two areas in the territory of Spain and, additionally, the exact distribution of the disease has not been clearly established;
Whereas the appearance of this epizootic disease may constitute a danger to cattle in other Member States;
Whereas a significant risk may be considered to exist in respect of certain categories of live cattle;
Whereas a Community mission has recently visited Spain;
Whereas the Spanish authorities have taken legal measures according to the mission's recommendations to prevent the spread of disease to other Member States;
Whereas therefore these measures should be enforced at a Community level;
Whereas the Commission will follow developments in the situation; whereas this Decision may be amended in the light of such developments;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Spain shall not send to other Member States live cattle from the geographical areas mentioned in the Annex until such time as all of the bovine animals over 12 months of age within those areas have passed three clear tests for contagious bovine pleuropneumonia carried out at intervals of not less than three weeks.
2. Once the testing requirements referred to in paragraph 1 have been satisfied, live cattle sent from these areas to other Member States must comply with the conditions laid down in Articles 2 and 3.
Article 2
Spain shall not send to other Member States live cattle for breeding and production coming from those parts of its territory outside those listed in the Annex unless:
1. the animals come from a herd all of whose animals over 12 months of age have been the subject of a serological test for contagious bovine pleuropneumonia during the previous 12 months and have given no reactions, and
2. the animals themselves have been subjected to a serological test for contagious bovine pleuropneumonia and have not given any reactions within 30 days prior to the date of loading.
Article 3
The health certificate provided for in Directive 64/432/EEC, accompanying cattle intended for breeding or production and sent from Spain, must include the following statement:
'Live cattle in accordance with Commission Decision 90/208/EEC on contagious bovine pleuropneumonia.'
Article 4
The Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision three days after its notification. They shall immediately inform the Commission thereof.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 18 April 1990. | [
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COMMISSION REGULATION (EC) No 385/2007
of 10 April 2007
amending Regulation (EC) No 1483/2006 as regards the quantities covered by the standing invitation to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1483/2006 (2) opened standing invitations to tender for the resale on the Community market of cereals held by the intervention agencies of the Member States.
(2)
In view of the situation on the Community market for maize and of the changes in demand for cereals in various regions in recent weeks, new quantities of cereals held in intervention should be made available in some Member States. The intervention agencies in the Member States concerned should therefore be authorised to increase the quantities put out to tender by 500 000 tonnes of maize in Hungary.
(3)
Regulation (EC) No 1483/2006 should be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1483/2006 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 April 2007. | [
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Commission Regulation (EC) No 2082/2002
of 22 November 2002
amending representative prices and additional duties for the import of certain products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses(3), as last amended by Regulation (EC) No 624/98(4), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation (EC) No 1153/2002(5), as last amended by Regulation (EC) No 2074/2002(6).
(2) It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the representative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 23 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 November 2002. | [
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COMMISSION REGULATION (EC) No 1324/2005
of 11 August 2005
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
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),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties have been amended by Regulation (EC) No 1274/2005 (4).
(2)
The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 12 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2005. | [
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COMMISSION DECISION of 3 December 1998 amending Decision 97/432/EC on a Community financial contribution for a surveillance programme relating to the eradication of foot-and-mouth disease in Albania, Federal Republic of Yugoslavia and Former Yugoslav Republic of Macedonia (notified under document number C(1998) 3747) (Text with EEA relevance) (98/716/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and, in particular Articles 12 and 13 thereof,
Whereas outbreaks of foot-and-mouth disease were reported during the late spring and/or summer of 1996 by Albania, Former Yugoslav Republic of Macedonia and the Federal Republic of Yugoslavia;
Whereas the appearance of foot-and-mouth disease in eastern European countries is a serious danger to the Community's livestock population;
Whereas a sero-surveillance programme designed to detect antibodies to the foot-and-mouth disease virus has been drawn up for certain areas of Albania, Federal Republic of Yugoslavia and Former Yugoslav Republic of Macedonia; whereas the said programme as carried out in accordance with a monitoring plan prepared by the Commission and the Member States provided valuable information on the disease situation in the areas subjected to surveillance;
Whereas in accordance with Commission Decision 97/432/EC (3) the designated laboratories must submit the financial report within six months of the date of their notification to the Commission that laboratory testing had started; whereas, however, the financial report of one of the designated national foot-and-mouth disease laboratories, was delayed for technical reasons;
Whereas it appears appropriate to extend the delay for submission of the financial report in order to allow the reimbursement of the expenses incurred by the laboratory at Pirbright in respect of the seriological survey in the Federal Republic of Yugoslavia within the limits of the above Decision;
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
In the second indent of Article 2 of Decision 97/432/EC the word 'six` is replaced by the word 'twelve`.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 3 December 1998. | [
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Commission Decision
of 14 November 2001
amending Decision 2001/296/EC as regards the list of approved laboratories for checking the effectiveness of vaccination against rabies in certain domestic carnivores
(notified under document number C(2001) 3478)
(Text with EEA relevance)
(2001/808/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2000/258/EC of 20 March 2000 designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines(1), and in particular Article 3 thereof,
Whereas:
(1) Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(2), as last amended by Commission Decision 2001/298/EC(3), provides for an alternative system to quarantine for the entry of certain domestic carnivores into the territory of certain Member States free from rabies. That system requires checks performed by officially approved laboratories on the effectiveness of the vaccination by titration of antibodies.
(2) Pursuant to Decision 2000/258/EC the AFSSA Laboratory, Nancy, France, was designated as the institute responsible for the proficiency tests necessary to the approval of the laboratories willing to perform these checks.
(3) Commission Decision 2001/296/EC of 29 March 2001 authorising laboratories to check the effectiveness of vaccination against rabies in certain domestic carnivores(4) established a list of approved laboratories in the Member States.
(4) Following the request of the United Kingdom and on the basis of the favourable result of the proficiency test performed by the AFSSA Laboratory, Nancy, it is appropriate to add a new laboratory to that list for the United Kingdom.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
In the Annex to Decision 2001/296/EC the list concerning the United Kingdom is amended as follows:
The present text becomes point 1 and the following point 2 is added: "2. Biobest Pentland Science Park
Bush Loan
Penicuik Midlothian EH26OPZ United Kingdom."
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 14 November 2001. | [
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COMMISSION REGULATION (EC) No 158/2006
of 27 January 2006
fixing the minimum selling price for skimmed-milk powder for the 33rd individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001
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 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed milk (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder 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 214/2001.
(3)
In the light of the tenders received, a minimum selling price should be fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 33rd individual invitation to tender pursuant to Regulation (EC) No 214/2001, in respect of which the time limit for the submission of tenders expired on 24 January 2006, the minimum selling price for skimmed milk is fixed at 191,00 EUR/100 kg.
Article 2
This Regulation shall enter into force on 28 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 January 2006. | [
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COMMISSION DECISION of 26 June 1997 concerning State aid in favour of SKET Schwermaschinenbau Magdeburg GmbH (SKET SMM), Saxony-Anhalt (Only the German text is authentic) (Text with EEA relevance) (97/765/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having regard to the Agreement establishing the European Economic Area, and in particular Article 62 (1) (a) thereof,
Having given notice in accordance with Article 93 to interested parties to submit their comments,
Whereas:
I
By letter dated 21 March 1995 (1) the Commission informed the German Government of its decision to initiate proceedings pursuant to Article 93 (2) of the EC Treaty in respect of aid granted by the Treuhandanstalt (THA) and its successor organization, the Bundesanstalt für vereinigungsbedingte Sonderaufgaben (BvS), to SKET Schwermaschinenbau Magdeburg GmbH (SKET SMM). The enterprise was located in the new German Land of Saxony-Anhalt and has since filed for bankruptcy. SKET used to employ approximately 1 800 people and was the largest manufacturer of machinery and equipment in the new Länder. Its product range included rolling mills, wire-drawing mills, cranes, steel wire and cable-making machines, dressing and sizing technology, vegetable oil extraction plants, sewage treatment plants and dust collectors.
SKET was founded in Magdeburg in the middle of the nineteenth century as a ship repair yard and iron foundry and became 'Friedrich Krupp Grusonwerke` after a merger with Krupp, Essen, in 1893. Four-fifths of the internationally renowned engineering works were destroyed during the Second World War. After the war the enterprise resumed trading under Soviet control, becoming, in 1954, VEB Schwermaschinenbau 'Ernst Thälmann` Magdeburg. In 1969 it became the seat of the newly founded 'Ernst Thälmann` combine comprising 18 subsidiaries with 30 000 employees and an annual turnover of DM 2,6 billion. At the time SKET was the largest producer and exporter of heavy machinery in the Comecon countries. After the unification of Germany, SKET was transformed by the THA, which was the agency responsible for privatizing East German state property, into SKET Maschinen- und Anlagenbau AG and later into limited companies (19 447 workers).
In its Decisions of 10 June 1993 (NN 43/93) and 13 October 1993 (NN 95/93) the Commission approved DM 427,6 million of aid granted in 1992 and 1993 by the THA to SKET AG.
In 1993 the THA split SKET AG into eight companies, the largest of which was SKET SMM. Of the remaining seven companies, three were privatized and two were liquidated. The parent company SKET SMM had two subsidiaries, Drahtziehmaschinenwerk Grüna GmbH (DZM) in Chemnitz and Entstaubungstechnik Magdeburg GmbH (ETM) in Magdeburg, which are not affected by the liquidation of SKET SMM. DZM merged with a West German firm in 1995 and currently produces wire-drawing machines under the name Herborn & Breitenbach GmbH Chemnitz (H& B), while ETM produces dust-collecting systems.
In July 1994 the Commission was belatedly notified of the prolongation of the previously granted aid and of the grant of an additional liquidity loan. At the request of the German Government, the decision to initiate Article 93 (2) proceedings was postponed so as not to jeopardize the ongoing privatization negotiations. On 26 October 1994 the THA concluded a privatization contract with Firma Oestmann & Borchert Industriebeteiligungen, which acquired 51 % of SKET SMM's shares and was to act as broker for a further 24 %. The remaining shares were retained by the THA and later by the BvS pending subsequent privatization. The legal validity of the privatization contract was made dependent upon a favourable Commission decision. On 25 November 1994 the German Government notified financing measures in support of this privatization. In December 1994 the THA renounced all claims to the repayment by SKET SMM of company loans in order to prevent the company from having to file for bankruptcy.
After a preliminary analysis of the aid measures, the Commission decided to initiate the Article 93 (2) procedure. The German authorities were informed by the abovementioned letter of 21 March 1995. In initiating the procedure, the Commission expressed serious doubts about the aid's compatibility with Article 92 of the EC Treaty because it was not limited to the minimum necessary and the future competitiveness of the enterprise was in doubt.
In October 1995 the German Government notified further measures in favour of the company because of the illiquidity of the investor and to safeguard orders received until 1996. In December 1995 the Commission was informed of the advance payment of a loan which had been notified as part of the planned loss cover for SKET SMM in 1996.
In January 1996 the German Government announced the failure of the intended privatization due to the withdrawal of the investors, and notified liquidity measures to assist SKET SMM pending the drafting of a new restructuring plan. The previously notified aid for the continued operation of the company until the end of 1995 was maintained. A new restructuring plan for 1996-98 was notified in April 1996, under which SKET SMM was to remain in public ownership and the company was to be restructured independently of any privatization. The Commission appointed an independent expert to assess the notified restructuring plan's effectiveness. The expert expressed doubts about the plan's feasibility. In his opinion, although it was based on correct assessments and arguments, it was unlikely to succeed because of the lack of any current or prospective orders.
By letter dated 12 August 1996 (2) the Commission informed the German Government of its decision to extend the Article 93 (2) proceedings to include the liquidity measures introduced in 1995 in favour of SKET SMM and its subsidiaries and the new restructuring plan. In extending the Article 93 (2) proceedings, the Commission expressed serious doubts as to the compatibility of the aid with Article 92 of the EC Treaty on the grounds that the aid was out of proportion to its effect and that the long-term viability of the company remained uncertain. Germany later notified instances of the actual granting by the BvS of financial help to SKET as set out in the second restructuring plan in so far as it could be put into effect before the bankruptcy. These notifications gave actual effect to the restructuring plan and are covered by the Commission's decision to extend the Article 93 (2) proceedings.
On 15 October 1996 SKET SMM filed for bankruptcy and has been in liquidation since then. By letter dated 19 November 1996 (registered on the same day) the German authorities notified the measures taken in favour of SKET SMM up until 15 October 1996. In January 1997 the German Government notified the extent of the measures taken in favour of the subsidiaries in 1996. It is clear from this that the restructuring plan for the subsidiaries has so far been carried out without major modifications. At the same time, however, the German authorities have stated that the future financial needs of the subsidiaries for the period covered by the notified restructuring plan are not yet clear. The Commission currently does not have sufficient information at its disposal for it to be able to assess the compatibility of the notified aid measures for ETM and H& B/DZM with Articles 92 and 93 of the EC Treaty and Article 61 of the EEA Agreement. Consequently, this Decision covers only the question of the compatibility with those provisions of aid granted to SKET SMM.
For details of the grant by the BvS to SKET SMM of the financial resources covered by this Decision (duration of loans, interest rates, fees, etc.), reference should be made to the Commission's decisions to initiate and extend the Article 93 (2) procedure and to the legal assessment in Section V of this Decision.
II
By letter dated 13 June 1994 (registered on 14 June 1994) the German Government belatedly notified aid previously granted by the THA to SKET SMM. The aid consisted in the prolongation until the end of 1994 of loans totalling DM 290,7 million, the provision of an additional loan of DM 65,5 million to cover liquidity needs, investment guarantees worth DM 35,1 million and counter-guarantees worth DM 30 million. At the Commission's request of 20 June 1994, the German Government provided additional information by letter dated 19 July 1994 (registered on 20 July 1994).
Further to a request by the German authorities dated 31 October 1994, it was decided to defer taking a decision because of the expected notification of additional aid connected with the planned privatization of the company. The additional aid involved in the privatization of SKET SMM totalling DM 557,5 million was belatedly notified by the German Government by letter dated 25 November 1994 (registered on 28 November 1994). It entailed the provision of DM 371,5 million of equity by waiving repayment of the shareholders' loans which the THA had provided after unification, the covering of annual losses until 1996 and the financing of a redundancy programme. This would require DM 186 million (DM 174,3 million for SKET SMM and DM 11,7 million for ETM) and was to be covered by selling surplus real estate to the THA.
By a third notification made to the Commission by letter dated 9 December 1994 (registered on 12 December 1994), the immediate waiver of DM 477,8 million of debt was notified in order to prevent the company from having to file for bankruptcy. This took the form of the provision of DM 371,5 million of equity and DM 106,3 million to cover the planned losses of both SKET SMM and its subsidiaries for 1994.
By letter dated 4 October 1995 (registered on 6 October 1995) the German Government belatedly notified additional aid measures to maintain the company's liquidity during the Article 93 (2) proceedings. To safeguard orders received until 1996, counter-securities were provided for a bank guarantee for a further DM 150 million. By letter dated 12 December 1995 (registered on 13 December 1995) the early payment of an interest-bearing loan of DM 20 million (which had been notified as part of the planned loss cover for SKET SMM in 1996) was notified. At the end of 1995 the investors pulled out and the privatization failed.
By letter dated 16 January 1996 (registered on 17 January 1996) the German Government announced the failure of the intended privatization and the drawing-up of a new restructuring plan, and at the same time notified the provision of a DM 20 million loan to SKET SMM to ensure its liquidity until March 1996. By letter dated 13 March 1966 (registered on 15 March 1996) the German authorities withdrew the notification of the aid involved in the intended privatization which had not been granted prior to the failure of the privatization. By letter dated 14 March 1996 (registered on 15 March 1996) the German Government belatedly notified the provision of a liquidity loan of DM 60 million for the first quarter of 1996 and of DM 30 million for April 1996.
By letter dated 23 April 1996 (registered on the same day) the Commission was notified of the new restructuring plan for SKET SMM for the period 1996-98. The financial measures amounted to DM 352,1 million including the liquidity measures already notified for 1996. Following a request made by the Commission on 15 May 1996, the German authorities sent by letter dated 23 May 1996 (registered on the same day) the entire restructuring plan as devised by the Roland Berger consultancy.
The Commission received observations from third parties up to 9 November 1996. By letter dated 19 November 1996 (registered on the same day) the German authorities notified the granting to SMM of subsidies totalling DM 65 million since June 1996 and informed the Commission that DM 15 million of the April loan had been converted into a grant and that DM 61 million of the counter-guarantees had been called. They said that these measures were in line with the notified restructuring plan. By letters dated 30 January 1997 (registered on the same day) and 31 January 1997 (registered on 3 February 1997) the German authorities informed the Commission of the amount of guarantees and counter-guarantees called to date in accordance with the notified restructuring plan.
III
By letters dated 19 and 26 November 1996 the Commission transmitted to the German authorities the comments by third parties - a Swedish association of machine makers and an Italian and a German competitor - which it had received in response to publication of its decision to initiate the procedure. The observations by the Italian competitor concerning the extension of the procedure were received after the deadline for the receipt of comments.
The third parties expressed their concern both about the proportionality of the amount of the aid compared to its effect and about the viability of the company, even with the aid. The Swedish association argued that a non-viable company was being kept going with the help of a substantial amount of State aid in a market characterized by intense competition and a low rate of capacity utilization. All the third parties were concerned in particular about the misuse of State aid by SKET SMM - and one competitor in particular was concerned about misuse by H& B/DZM - to sell products below variable cost, the corresponding losses being covered by the State aid. SKET SMM was said to offer its products for sale at between 25 % and 45 % below the market price. The complainants gave several examples. It was objected that SKET SMM openly used the involvement of the BvS through aid to attract orders below cost price. This submission concerns exclusively orders from outside the EC, namely the Asia-Pacific area. It was argued that this behaviour was putting European competitors - in particular German and Italian producers - under heavy price pressure and was therefore threatening to distort competition in the Community.
IV
By letters dated 16 February 1996 (registered on 19 February 1996), 13 March 1996 (registered on 15 March 1996), 6 January 1997 (registered on 7 January 1997) and 9 January 1997 (registered on 30 January 1997) the German Government responded to the third parties' comments.
The specific examples given were disputed and other examples given where the Italian competitor had succeeded in winning the order. The German authorities commented on each example given. In some cases the orders had been placed with the Italian competitor, whereas in others they had been placed with SKET SMM, the counter-offers being in each case only marginally higher (no more than 5 %). The German Government argued that State aid was not being used to cut prices but to finance cost-cutting programmes. Furthermore, it said, SKET SMM was not present on the Swedish market.
Finally, the German authorities assured the Commission twice that since 1996 SKET SMM had been under strict instructions, following a resolution adopted by the company's shareholders, not to offer or supply its products at prices below direct cost except with the BvS's formal consent. Such consent had been neither requested nor given.
V
The Article 93 (2) proceeding has confirmed the Commission's view that most of the financing measures taken by the BvS in favour of SKET SMM covered by the initiation and extension of the procedure must be deemed to be aid within the meaning of Article 92 (1) of the EC Treaty and that they are not covered by the exception provided for in Article 92 (3) (c) or by the Community guidelines on State aid for rescuing and restructuring firms in difficulty (3), the only framework under which the aid might have been approved.
Mechanical engineering is one of the basic industries of the Community, representing 7,8 % of total industrial production and employing 1,94 million workers in 1995. The Community is the world's biggest producer in the sector, with production totalling ECU 229,7 billion in 1995. Germany's share of overall Community production is 44 %. The Community mechanical engineering industry is largely export-oriented, with exports increasing by 8,6 % in 1995, the corresponding figure for Germany being 7,6 %. Intra-Community trade is expanding (by 3 % in Germany and by 18 % in Spain). In Germany, in particular, exports are equivalent to 91 % of domestic consumption (4).
SKET SMM was, with its approximately 1 400 employees, one of the larger producers of heavy machinery in the Community, where only 4 % of engineering companies employ more than 100 people (1990 figures, the most recent available). Thus, any aid would improve SKET SMM's position in the common market vis-à-vis other competitors who do not receive any State support. Roughly 50 % of SKET SMM's turnover in 1996 was accounted for by the sale of rolling mills, which were mainly exported outside to third countries. SKET SMM has a 15 % share of the world market for wire rod mills. The granting of State aid may distort or threaten to distort competition between Community manufacturers even if they compete mainly in markets outside the Community, because the respective competitive strengths of the market players may be altered to the advantage of the recipient and to the disadvantage of those not in receipt of aid. Consequently, intra-Community trade is likely to be affected by the measures taken in favour of SKET SMM.
A special feature of this case is the fact that two different notified restructuring plans are covered by the Article 93 (2) EC procedure. Neither plan has been fully implemented and certain measures have been taken in their place. For clarity's sake the following overview lists all measures, namely those which have been notified and those which have been put into effect. For the purposes of determining the compatibility of the aid measures, all intended measures and the policies underlying them have to be taken into consideration. It should be noted, however, that not all of the notified financing measures have been implemented.
TABLE
The individual measures
The company was granted DM 15 million (DM 25,5 million was notified) under the German law for improving regional economic structures (Gemeinschaftsaufgabe zur Verbesserung der regionalen Wirtschaftsstruktur, 23. u. 24. Rahmenplan). Measures under that law qualify as regional investment aid under Article 92 (1) EC Treaty and have been exempted under Article 92 (3) (a) of the EC Treaty (N 464/93, N 157/94, N 531/95).
Purchase price counter-guarantee
On the occasion of the privatization of SKET SMM, the Land of Saxony-Anhalt provided Oestmann & Borchert with a counter-(deficit) guarantee worth DM 9,2 million for a bank guarantee to secure the payment of 80 % of the purchase price (DM 10,2 million plus DM 1,4 million interest) to the BvS. The counter-guarantee was conditional on the payment of a fee.
The privatization contract never came into force, the purchase price was not paid, and neither the bank guarantee nor the counter-guarantee by the Land was called. The guarantee is therefore not to be regarded as aid since it had no effect.
Export credit insurance
SKET SMM took out export credit insurance under the federal Hermes programme up to a maximum of DM 68 million for orders from the CIS.
The export credit insurance scheme is in keeping with the OECD consensus and can therefore be considered to be compatible with Articles 92 and 93 of the EC Treaty.
Measures which do not constitute aid
The discharge of possible environmental liabilities originating before 1 January 1990 (DM 12,2 million) is considered not to be aid under the Treuhand arrangements because neither the companies nor their buyers can be held responsible for pollution which is entirely due to the former political system (N 108/91, E 15/92, N 768/94). Job creation measures under § 249h of the German law for the improvement of working conditions (Arbeitsförderungsgesetz, DM 16,8 million), which apply to employment in the social and environmental fields and to young people in the former GDR, are not deemed to constitute assisted measures within the meaning of Article 92 (1) of the EC Treaty or Article 61 (1) of the EEA Agreement (NN 117/92).
The German authorities take the view that the conversion of old loans dating from before 1 January 1990 into new loans (DM 22,8 million, interest free, without any deadline for reimbursement) and their subsequent discharge does not constitute aid. Under the Treuhand arrangements the discharge of such debt is not deemed to be aid since there is no advantage to the beneficiary (N 108/91). Effectively, the decision about the discharge of old loans has been deferred for a year. It can be argued here that a late discharge of old loans following their conversion in the balance sheet cannot be viewed differently since the effect on equity is the same.
SKET SMM awarded to laid-off personnel redundancy allowances of DM 43,8 million under the German Employees' Representation Act (§ 111 Betriebsverfassungsgesetz). This was financed by the BvS, since SKET SMM remained in its ownership until bankruptcy. The allowances were awarded under a redundancy programme which provided for a reduction in personnel between 1994 and 1995 from 3 180 to approximately 2 000 employees. SKET SMM had taken over most of the employees from the former combine, which originally employed 30 000 and at the time of German unification some 19 500. A major aspect of the downsizing of the former combine, next to land and production capacities, was the reduction of the extreme overmanning. The payment of redundancy allowances to lay off surplus staff stemming directly from the initial over-staffing of companies characteristic of planned-economy enterprises is comparable to the burdening of the company with old debts before unification. Relieving the company of the burden of the related costs confers on it no advantage which outweighs the disadvantage of the inherited burden. The granting of loans worth DM 43,8 million in order to lay off such personnel can accordingly be deemed not to be aid within the meaning of Article 92 (1) of the EC Treaty.
Aid within the meaning of Article 92 (1) of the EC Treaty
Counter-guarantees for performance and advance payment bonds
The BvS gave SKET SMM counter-guarantees for performance and advance payment bonds to cover a maximum risk of DM 180 million. Neither the bonds nor the counter-guarantees have been called. The highest amount of advance payments secured was DM 61 million. SKET SMM paid a counter-guarantee fee of 0,25 % a year to the BvS on the maximum risk plus a one-off fee of 0,5 % to the bank on the maximum risk for the bonds.
REFERENCE TO A FILM
A counter-guarantee, like a guarantee, constitutes aid if it is provided on other than normal market terms and hence places the beneficiary at an advantage.
Advance payment and performance bank bonds are customary in industrial plant construction owing to the large sums needed to carry out orders. Both types of guarantee and the counter-guarantee are strictly tied to the individual orders (contracts). The customer has to make a considerable up-front payment to enable the supplier to execute the contract, that is to buy the necessary raw materials. At the same time, he needs to be assured of speedy reimbursement of this sum should it not be possible to execute the order properly. Such a guarantee is provided, not by the manufacturer, but by a bank which pays on first call by the customer. The bank obtains from the manufacturer a fee and a lien on the ordered goods. Smaller companies whose capital resources are too limited to be recognized by banks as security for the unconditional execution of a contract are usually provided with a counter-guarantee by their parent company.
SKET SMM was provided with a counter-guarantee to secure its contracts. The bank had obviously asked for a counter-guarantee because it considered that, in view of its poor liquidity situation, SKET SMM could not provide the necessary assurances that contracts would be carried out come what may. Consequently, the BvS - as SKET SMM's parent or holding company - was asked to provide a counter-guarantee.
This kind of risk-covering is not unusual in the sector concerned and is not confined to SKET SMM. Such reinsurance does not in itself constitute State aid unless it is granted on other than normal market terms.
The answer to the question whether the counter-guarantee was provided on normal market terms depends on the following two factors:
- SKETT SMM's financial situation at the time of the provision,
- the amount which a company like SKET SMM would have to pay for such a counter-guarantee.
The amount to be paid for such a counter-guarantee depends on the financial situation of the beneficiary, that is on the probability of default, comparable to the assumption of the lending risk by a guarantor.
In the Commission's experience, a company in a financial position comparable to that of SKET SMM in the industrial plant construction sector would have to pay approximately 3 % a year in order to obtain such guarantees on the open market. Consequently, the counter-guarantees provided by the BvS in favour of SKET SMM at an interest rate of 0,25 % a year on the maximum amount were not provided on normal market terms and therefore conferred a financial advantage on the company.
In view of the above, the provision of the counter-guarantees for performance and advance payment bonds at an interest rate of 0,25 % a year instead of 3 % a year must be regarded as aid (5), the aid element of which has to be defined by a cash grant equivalent.
The cash grant equivalent of the counter-guarantee has to be determined as in the case of a loan guarantee (6), that is once the premiums paid have been deducted, the interest subsidy representing the difference between the reference interest rate (3 %) and the rate obtained thanks to the State guarantee (0,25 %).
Waiver of debt
Between 1990 and 1992 the THA granted the then SKET AG a DM 90 million liquidity loan (subsequently reduced by DM 1 million) and guarantees worth DM 223,7 million. On 30 June 1993 the Commission decided (NN 46/93) that the prolongation of guarantees worth DM 201,7 million and the loan of DM 89 million (total of DM 290,7 million) were compatible with Articles 92 and 93 of the EC Treaty. A liquidity loan of DM 69,9 million and an investment loan of DM 67 million were also granted in 1993, which the Commission likewise exempted under Article 92 (3) of the EC Treaty (NN 95/93).
In 1994 all these measures were prolonged for one year and in 1995 they were waived as debt (including interest) in order to create equity (DM 361,7 million). The conversion of guarantees into loans (DM 201,7 million) and vice versa (DM 67 million, see below) was effected by the changing of positions between the BvS and the banks.
Part of SKET's debt was decreased by a land sale: land of SKET SMM which was not necessary to its operations was re-transferred to the BvS for the nominal book value (DM 174,3 million). This value was determined in accordance with the law for the transformation of State-owned companies into private limited companies (§§ 9 and 10 DM-Eröffnungsbilanzgesetz). Since SKET SMM was not paid a particularly preferential price, the debt clearance effected by this sale does not confer any additional advantage on the company.
A further debt of DM 80,3 million was waived in 1995 to cover losses incurred in 1994. The investment loan of DM 67 million (which was approved under the second Commission decision on SKET SMM) was converted into an investment guarantee in 1994. That same year the investment guarantee was increased to cover bank loans worth an additional DM 23,6 million (to a maximum of DM 90,3 million). In 1995 the guarantee was reduced and converted into a bank loan of DM 31,8 million. This loan was waived by BvS in favour of SKET SMM that same year. In determining whether this constitutes State aid, account must be taken of the fact that the granting of the DM 67 million was authorized by the second Commission decision on SKET SMM (NN 95/93). The increased - and hence newly granted - amount of DM 23,6 million, at least, was waived in order to reduce the loan to DM 31,8 million. Consequently, it is the new loan of DM 31,8 million that was waived in 1995.
The new liquidity loans granted in 1994 (DM 65,6 million and DM 91,7 million, giving a total of DM 157,3 million) were waived in 1995 in order to keep the company operational. The former loan was granted in two instalments on the following terms: DM 40,6 million at a rate of 5,8 % a year from 1 December 1993 until 30 June 1995, thereafter interest free and unlimited in time; DM 25 million interest free and unlimited in time. The latter loan was likewise granted in two instalments: DM 54,7 million interest free from 1 November 1994 until 31 December 1995; DM 37 million at an annual rate of 5,45 % for November. It is clear from the liquidity and equity situation as described in the Commission's decision to extend the Article 93 (2) procedure and at V below that SKET SMM would not have been granted bank loans to cover operating expenses on market terms.
The waiver of old debt, the granting of which was authorized by the first two Commission decisions on SKET SMM, resulted, not in any new liquid resources being injected into the company, but in the company's liquidity being maintained until the end of 1995, when the privatization failed. These measures have to be regarded as pure subsidies. The first debt waiver was exempted under Article 92 (3). As already indicated in the decision on the Treuhand arrangements (N 108/91), it was to be expected that the loans and guarantees of the THA to East German firms would de facto become grants the longer the companies remained financially dependent on the THA. It is accordingly logical to consider that the conversion of loans into grants constitutes additional aid. It can now be concluded, however, that these measures are covered by the abovementioned earlier Commission decisions on SKET SMM, which regarded it as a company in difficulties.
The waiver of the abovementioned new debt contracted in 1994 and 1995, the granting of which is not covered by the earlier Commission decisions on SKET SMM, constitutes an outright subsidy and is therefore to be considered new aid. The nominal amount of the aid is DM 269,4 million.
Loans
The BvS granted SKET SMM a supplementary loan of DM 156,8 million to cover all losses in 1995. The amount was granted in five instalments: DM 62,2 million at 6,8 % (DM 29 million on 13 March 1995, DM 30 million on 24 March 1995, DM 3,2 million on 24 April 1995) and DM 94,6 million at 5,4 % (DM 31,9 million on 19 June 1995, DM 62,7 million on 14 January 1995). A repayment deadline was not fixed.
The further liquidity loans granted between the failure of the privatization and the bankruptcy amount to DM 95 million: DM 20 million was granted in 1995 at an interest rate of 6,5 % a year, DM 15 million at an interest rate of 4 % a year and the remaining DM 16 million interest free and for an unlimited period. In all, up to the time of the bankruptcy SKET SMM was granted loans amounting to DM 251,8 million.
Since a provision of loans on market terms to a company in a financial situation comparable to that of SKET SMM is highly unlikely and since it conferred on SKET SMM a considerable financial advantage which it would not have gained under market conditions, the provision of the loans totalling DM 251,8 million has to be regarded as aid.
Grants
The award of DM 80 million in grants to SKET SMM in 1996 was effected at a time when it was becoming increasingly clear that, owing to the lack of orders, the company would not achieve the planned turnover and that, in view of the existing debt burden and the threat of bankruptcy, the provision of further loans hardly served any purpose. The grants were not linked to any specific restructuring measures or projects but served to secure liquidity and avoid bankruptcy.
TABLE
Possible exemptions under Article 92 (2) and (3) of the EC Treaty
Unlawful aid
Since the measures taken by the BvS in favour of SKET SMM constituted aid within the meaning of Article 92 (1) of the EC Treaty and Article 61 (1) of the EEA Agreement, they had to be notified to the Commission under Article 93 (3) of the EC Treaty. Parts of the aid were granted prior to notification and the totality was awarded without awaiting the Commission's final decision under the procedure. Consequently, the award was formally illegal.
In addition, the aid must be regarded as incompatible with the common market as none of the exceptions set out in Article 92 of the Treaty is applicable.
The features of the aid in the present case do not satisfy the requirements of Article 92 (2) (a) and (b) of the EC Treaty.
Nor are the measures covered by the exception in Article 92 (2) (c) of the EC Treaty. For Article 92 (2) (c) to apply to the aid granted to SKET SMM, one would need to adopt an extremely broad interpretation of the provision. In the Commission's opinion, Article 92 (2) (c) is not intended as a general exception to Article 92 (1) but is restricted to those exceptional cases where infrastructure deficits in the zonal border areas still need to be eliminated. The present measures do not fall within this category.
Furthermore, no information has been made available to the Commission enabling it to determine whether the criteria set out in Article 92 (2) (c) were fulfilled. In particular, the German Government has not submitted that the Magdeburg area is still affected by the division of Germany, that the economic disadvantages of the area were caused by that division, or that the aid granted to SKET SMM served to compensate for these disadvantages. According to the case-law of the Court of Justice of the European Communities (7), Member States which invoke this exception must provide all necessary information to the Commission to enable it to verify that the conditions set out in that provision are fulfilled.
With regard to the conditions for exemption set out in Article 92 (3) of the EC Treaty, SKET SMM was undoubtedly located in an area where there is serious underemployment or where the standard of living is abnormally low. At 16,5 %, the unemployment rate in Saxony-Anhalt is both the highest in Germany and considerably higher than the Community average of 10,8 %. Pursuant to Article 92 (3) (a), aid to promote the economic development of such areas may be considered compatible with the common market. In the present case, however, the aid clearly could not contribute to the promotion of the economic development of the area since it was used, not to create lasting investment and employment, but to keep an unprofitable company going.
Restructuring
Nor are the various horizontal Community guidelines on State aid to enterprises applicable in this case. In particular, neither the restructuring linked to the privatization contract nor the second restructuring plan fulfil the requirements of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.
The privatization contract - the first restructuring plan (1994-95)
As is shown below, the privatization plan - as described in the Commission decision to initiate the procedure provided for in Article 93 (2) of the EC Treaty - did not restore the viability of SKET SMM. The aid also led to anti-competitive behaviour. In addition, the plan was not fully implemented and not all the conditions it contained were met.
The granting of the aid is to be regarded as incompatible with the common market pursuant to Article 92 (3) (c) of the EC Treaty. The waiving of debt and the granting of counter-guarantees were out of proportion to the expected benefits from the Community's point of view and paved the way for undue distortions of competition based on predatory pricing.
Under point 3.2 of the Community guidelines on State aid for rescuing and restructuring firms in difficulty, restructuring aid is admissible if there is a restructuring plan that fulfils the following requirements:
Restoration of viability
The privatization plan would not lead to the restoration of the long-term profitability and viability of SKET SMM within a reasonable time-scale on the basis of realistic assumptions.
The investor's plan was based on the assumption that, without major restructuring of costs (stable personnel costs, increase in already excessively high material costs), sales could be increased by nearly 35 % between 1994 (DM 282 million) and 1997 (DM 418 million).
TABLE
Annual losses (DM 120 million in 1996) were to be reduced so dramatically that in 1997 a DM 7,4 million profit would be booked. Similarly, the negative cash flow of DM 101,6 million in 1996 would be reduced to minus DM 4,5 million in 1997.
TABLE
TABLE
The assumption of increasing sales under future operating conditions was questionable to say the least, even if unprofitable production was to be abandoned, due to dependence on the CIS market (high political and economic risk) and the modernization backlog. Even if such an outcome were feasible, the company was likely to require further injections of public money at the end of the restructuring period because the projected result would not have been sufficiently high given the heavy losses incurred the previous year. In the privatization contract itself it was assumed that, by the end of the restructuring period in 1998, SKET SMM would have accumulated heavy losses.
TABLE
Avoidance of undue distortions of competition
As stated above, there is intra-Community trade in the mechanical engineering industry, and in particular in the rolling mill and wire-rod mill sectors, where SKET SMM is predominantly active. The granting of aid to a manufacturer may thus distort or threaten to distort intra-Community trade. Competition between Community producers in markets outside the Community may also be distorted by altering the respective competitive positions of the individual Community operators.
According to a recent study carried out for the Commission, the European mechanical engineering industry is in recession. Owing to market dominance by east Asian producers, the Community's share of the world market fell from 47 % in 1986 to 40 % in 1994. The industry is currently aiming for greater specialization. It can therefore be said that the EU market is currently showing a tendency towards overcapacity.
Although the German authorities and the company challenge claims of low pricing, the Commission's independent expert came to the conclusion that in 1995 SKET SMM sold rolling mills at considerably below variable cost in three cases. Two of these cases involved orders from Asia (Jian Yin/China, Yu Din/Taiwan) and one concerned an order placed by a German customer (Freital/Saxony), the first two orders being the subject-matter of the first complaint to the Commission by the Italian competitor. These led to heavy losses that year (DM 106,4 million, compared to earnings of DM 55,8 million from these orders). The losses were clearly covered by the BvS (additional liquidity loan of DM 156,8 million to cover losses in 1995). Consequently, State aid was misused in order to acquire through aggressive, anti-competitive behaviour only part of the orders that were needed in order to fulfil the basic assumptions underlying the privatization plan. The granting of the aid was not a precondition for the anti-competitive behaviour, but it enabled SKET SMM to engage in low pricing.
Implementation of the restructuring plan
In the end, the company did not fully implement the restructuring plan submitted to the Commission, as described in the decision to extend the Article 93 (2) procedure. The investor pulled out in January 1996 after SKET SMM's operating results had badly deteriorated owing, among other things, to the marked reduction in orders.
Ultimately, the first restructuring plan could not lead to the restoration of SKET SMM's viability. The plan failed and was not sufficiently far-reaching to justify the granting of aid under the abovementioned Community guidelines for restructuring firms in difficulty. A second restructuring plan was then proposed.
The second restructuring plan (1996-98)
As indicated in the Commission decision to extend the Article 93 (2) procedure, not only would SKET SMM's profitability not have been restored by this restructuring plan either, but the aid was out of proportion to the costs and benefits of the restructuring. Furthermore, the restructuring plan was again not fully implemented.
Restoration of viability
As was borne out by the independent expert appointed by the Commission, the restructuring plan would not have led to the restoration of the long-term profitability and viability of SKET SMM within a reasonable time-scale on the basis of realistic assumptions. As stated in the decision to extend the Article 93 (2) procedure, the restructuring plan was partly based on assumptions which, in the opinion of the Commission's independent expert, were unrealistic given the company's future operating conditions.
A sharp reduction in personnel and material costs (DM 76,4 million and DM 54 million respectively) was planned, but was not to come into effect until 1996.
TABLE
At the time of the expert's appraisal, the legal conditions for the laying-off of workers were not yet met and the measures to reduce materials costs had still to be finalized. In view of the situation with regard to orders and the estimated losses for 1996 (DM 191 million), there were sufficient grounds for entertaining considerable doubts both as to the implementation of the restructuring plan up until 1998 and as to the estimated liquidity requirements for 1996. In particular, at the time of the appraisal (June 1996) SKET SMM's employees were nearly all working short-time because of the lack of orders. In particular, owing to the company's dependence on the new CIS markets, it was highly questionable whether it would achieve the planned turnover target of DM 221 million in 1996.
TABLE
According to the appraisal, the success of SKET SMM depended entirely on whether it won any orders. But even if it did so and approached break-even by 1998, its credit rating would in all probability still have been so low that further guarantees, that is additional aid, would probably have been necessary. The restructuring plan itself forecast a loss of DM 500 000 for 1998. The plans make no earnings forecasts beyond that date.
TABLE
Furthermore, it was clear that SKET SMM would have to be restructured by 1998 even without any privatization. Even in the event of a subsequent privatization, aid could therefore not be ruled out in advance.
Under the circumstances, a probably unavoidable slight change of plan or even of schedule would have brought about a situation which would demand further aid. The restructuring plan could not therefore be considered capable of enabling SKET SMM to cover all its costs and generate a minimum return on the capital invested with the result that, upon completion of the restructuring measures, the company would no longer have been dependent on State support and would have been able to compete in the marketplace on its own. The viability criterion set out in the guidelines would therefore not be satisfied.
Proportionality in relation to restructuring costs and benefits
Besides the abovementioned distortive effects on competition due to the granting of aid to a market player in an industry suffering from excess capacity, the amount of aid earmarked and granted under the privatization plan was not related to any expected benefit from the Community's point of view since the expenditure was exceedingly high in relation to the strong likelihood that the restructuring would not be successful under the prevailing circumstances.
TABLE
The notified aid represents 95 % of the total restructuring costs and there is no planned private investor involvement. Instead, the restructuring was intended to prepare the ground for a (second) privatization at a later stage, for which more aid would undoubtedly be required.
Implementation of the restructuring plan
In the end, the company did not fully implement the restructuring plan that was submitted to the Commission. At the time of evaluation of the plan by the Commission's expert (June 1996), the planned turnover for 1996 had decreased by DM 75 million. The company had planned on winning new orders worth DM 143 million that year, but the forecast was for only DM 78 million, of which no more than DM 30 million had by that time actually been contractually secured.
In the autumn of 1996 the management of SKET SMM proposed to the supervisory board a third restructuring plan which provided for a substantial reduction in both capacity and personnel. The employee representatives on the supervisory board rejected the plan and the management filed for bankruptcy on 15 October 1996.
In the light of all the facts set out above, the Commission has come to the conclusion that the following measures granted by the BvS are to be regarded as aid to which none of the exceptions laid down in Article 92 (3) of the EC Treaty apply:
TABLE
VI
In cases where aid is deemed incompatible with the common market, the Commission requires the Member State to recover the aid from the recipient (8). As this is the case with the measures in favour of SKET SMM which are the subject-matter of the present Decision, the aid must be recovered. This assessment of the situation is not altered by the fact that SKET SMM has since filed for bankruptcy and is no longer present on the market. The recovery is intended to compensate for the lasting effects on competition resulting from the granting of the aid. The recovery of the aid is not impossible since SKET SMM's assets will be sold and creditors will be satisfied out of the proceeds of the sale.
The recovery of the aid is subject to German law, including the provisions on interest due for late payment of amounts owing to the State, such interest being payable at the normal market reference rate from the date of the grant of the aid (9). In particular, the recovery claim must not be treated less favourably than claims resulting from acts of national public authorities.
In accordance with the case-law of the Court of Justice, the relevant provisions must be applied in such a way that the recovery required by Community law is not rendered practically impossible. Any procedural or other difficulties in regard to the implementation of the measure cannot have any influence on its lawfulness (10),
HAS ADOPTED THIS DECISION:
Article 1
The following aid granted by the Treuhandanstalt and its successor, the Bundesanstalt für vereinigungsbedingte Sonderaufgaben, to SKET SMM is unlawful inasmuch as Germany failed to comply with its obligation under Article 93 (3) of the EC Treaty to inform thereof the Commission in good time:
(a) the provision of counter-guarantees at an interest rate of 0,25 % a year instead of 3 % a year, taking into account any premiums paid;
(b) the waiver of DM 80,3 million of debt in order to cover losses for 1994;
(c) the waiver of an investment loan of DM 31,8 million in 1995;
(d) the waiver of a liquidity loan of DM 65,6 million for 1994;
(e) the waiver of a second liquidity loan for 1994 of DM 91,7 million;
(f) a liquidity loan of DM 156,8 million to cover losses for 1995;
(g) a liquidity loan of DM 20 million granted at the end of 1995;
(h) liquidity loans of DM 75 million granted in 1996;
(i) grants totalling DM 80 million awarded in 1996.
The aid is incompatible with the common market within the meaning of Article 92 (1) of the EC Treaty and Article 61 (1) of the EEA Agreement and is covered by none of the provisions for exceptions and exemptions in Article 92 (2) and (3) of the EC Treaty and Article 61 (2) and (3) of the EEA Agreement.
Article 2
Germany is required to recover in full the aid referred to in Article 1 within two months of the date of notification of this Decision. The amount to be repaid shall bear interest from the date on which the aid was granted, in accordance with the provisions on the payment of interest on arrears in the case of liabilities to the State, at the rate applied in calculating the net grant equivalent of regional aid in the Federal Republic of Germany.
Repayment shall be made in accordance with the procedures and provisions of German law. The claim for repayment shall not be treated less favourably than claims resulting from acts of the German authorities. The present provisions are to be applied in such a way that the repayment required by the Community is not rendered impossible. Any procedural or other difficulties in regard to the implementation of the measure shall not have any influence on its lawfulness.
Article 3
Germany shall inform the Commission within two months from the date of notification of this Decision of the measures it has taken to comply with this Decision.
Article 4
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 26 June 1997. | [
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COUNCIL DECISION of 23 November 1994 adopting a specific programme of research and technological development, including demonstration in the field of cooperation with third countries and international organizations (1994 to 1998) (94/807/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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, by Decision No 1110/94/EC (4), the European Parliament and the Council adopted a fourth framework programme for Community activities in the field of research, technological development and demonstration (RTD) for the period 1994 to 1998 specifying inter alia the activities to be carried out in area of cooperation with third countries and international organizations; 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 shall be implemented through specific programmes developed within each activity of the framework programme and that each specific programme shall 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 540 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 the conditions set out in Article 1 (3) of Decision No 1110/94/EC;
Whereas the strengthening of the scientific and technological base of the European Union also depends on an adequate level of cooperation with third countries and international organizations, based on the principle of mutual interest; whereas such cooperation may enhance the competitiveness of European industry;
Whereas such cooperation may contribute to the implementation of Community policies vis-à-vis third countries;
Whereas cooperation should be improved with other fora for cooperation in the field of science and technology in Europe;
Whereas a contribution should be made to safeguarding the scientific potential of the countries of central and eastern Europe and the new independent States of the former Soviet Union and to enhancing their economic and social development taking account of the importance of basic research in this context;
Whereas collaboration with non-European industrialized countries should be promoted where appropriate;
Whereas it is necessary to contribute to the development of the scientific and technological potential of the developing countries; whereas cooperation on RTD can pave the way for industrial cooperation with those countries;
Whereas action by the Community in the field of cooperation with third countries and international organizations can, with the support of other Community instruments such as Phare, Tacis and the European Development Fund, help improve the living conditions of the inhabitants of the countries concerned in the context of development which respects natural equilibria;
Whereas greater cooperation in the field of science and technology can help to meet major international challenges such as health, nutrition and environmental protection and can contribute to solving regional and global problems;
Whereas it is necessary to concentrate international scientific and technological cooperation activities, including those formerly conducted outside the framework programme, in a single programme in order to ensure a coherent approach;
Whereas coordination with other Community activities should be increased;
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 area of cooperation with third countries and international organizations;
Whereas Decision No 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 support only RTD activities of high quality;
Whereas the rules for the participation of undertakings, research centres (including the Joint Research Centre (JRD)) 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 European industry, including small and medium-sized enterprises (SMEs), in this programme;
Whereas the Commission's effort to simplify and accelerate the application and selection procedures and make them more transparent must be continued in order to promote the implementation of the programme and to facilitate the action which firms, 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 cooperation with third countries and international organizations by research centres, universities and enterprises, in particular SMEs, in the Member States and between these and the corresponding Community RTD activities;
Whereas the international cooperation activities with third countries will be implemented both centrally in this programme and in the specific programme of the first activity and their coordination must be ensured;
Whereas this programme should also comprise activities for the dissemination and exploitation of RTD results, and activities to stimulate the mobility and training of researchers with this programme to the extent necessary for proper implementation of the programme;
Whereas an analysis should be made of possible socio-economic consequences 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 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 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 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 cooperation with third countries and international organizations, as set out in Annex I, is hereby adopted for the period from the date of adoption of this Decision to 31 December 1998.
Article 2
1. The amount deemed necessary for carrying out the programme is ECU 540 million, including a maximum of 10 % 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 No 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 No 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 pursuant to 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.
4. Participation in the RTD activities of this programme by legal entities from third countries referred to in Annex I Sections A2 and C, may benefit from Community financial support under the programme.
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 No 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 the fourth frameword programme 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 proposed financial and managerial arrangements, 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 coordination with other relevant Community activities undertaken within the European Union's development and economic cooperation policies (such as Phare, Tacis, LOME),
- 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 which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
4. The Commission shall adopt the measures envisaged if 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 (6) above 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 0,15 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 0,15 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, 23 November 1994. | [
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COUNCIL DECISION
of 20 December 2007
amending the Protocol on the Statute of the Court of Justice
(2008/79/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 245 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 160 thereof,
Having regard to the request of the Court of Justice of 11 July 2007,
Having regard to the opinion of the Commission of 20 November 2007,
Having regard to the opinion of the European Parliament of 29 November 2007,
Whereas:
Provision should be made to allow derogations from certain provisions of the Protocol on the Statute of the Court of Justice with regard to the procedure governing urgent references for a preliminary ruling concerning the area of freedom, security and justice, and it is appropriate, for the sake of good order, that the provision authorising such derogations should also refer to the expedited and accelerated procedures laid down in the Rules of Procedure of the Court of Justice,
HAS DECIDED AS FOLLOWS:
Article 1
The following Article shall be inserted after Article 23 of the Protocol on the Statute of the Court of Justice:
‘Article 23a
The Rules of Procedure may provide for an expedited or accelerated procedure and, for references for a preliminary ruling relating to the area of freedom, security and justice, an urgent procedure.
Those procedures may provide, in respect of the submission of statements of case or written observations, for a shorter period than that provided for by Article 23, and, in derogation from the fourth paragraph of Article 20, for the case to be determined without a submission from the Advocate General.
In addition, the urgent procedure may provide for restriction of the parties and other interested persons mentioned in Article 23, authorised to submit statements of case or written observations and, in cases of extreme urgency, for the written stage of the procedure to be omitted.’
Article 2
This Decision shall enter into force on the first day of the second month following its publication in the Official Journal of the European Union.
Done at Brussels, 20 December 2007. | [
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Council Decision
of 5 November 2002
on the existence of an excessive deficit in Portugal - Application of Article 104(6) of the Treaty establishing the European Community
(2002/923/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,
Having regard to the recommendation from the Commission under the said Article 104(6),
Having regard to the observations made by Portugal,
Whereas:
(1) In stage three of Economic and Monetary Union (EMU), according to Article 104 of the Treaty Member States shall avoid excessive government deficits.
(2) The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.
(3) The Amsterdam Resolution of the European Council of 17 June 1997 on the Stability and Growth Pact solemnly invites all parties, namely the Member States, the Council and the Commission to implement the Treaty and the Stability and Growth Pact in a strict and timely manner.
(4) The excessive deficit procedure under Article 104 of the Treaty provides for a decision on the existence of an excessive deficit; the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure; Regulation (EC) No 3605/93(1) lays down detailed rules and definitions for the application of the provision of the said Protocol.
(5) Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur; the Commission has addressed such an opinion on Portugal to the Council on 16 October 2002; according to this opinion:
(a) Portugal has reported information on its budgetary situation to the Commission by September 2002. Thereupon, the Commission has, in accordance with Article 4 of the Protocol on the excessive deficit procedure, provided the statistical data for the application of the said Protocol;
(b) in accordance with Article 104(3) of the Treaty, the Commission has prepared in September 2002 a report on Portugal which takes account of the relevant factors;
(c) in accordance with Article 104(4) of the Treaty, the Economic and Financial Committee has formulated an opinion on the report of the Commission;
(d) the Commission considers that there exists an excessive deficit in Portugal.
(6) Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before the Council decides after an overall assessment whether an excessive deficit exists.
(7) The overall assessment leads to the following conclusions: in the late 1990s, when Portugal enjoyed strong economic growth, progress in fiscal consolidation has been limited, with the general government deficit remaining well above 2 % of GDP. Thus, there had been little budgetary leeway to accommodate for the effects of a cyclical slowdown or for such changes in accounting as required to comply with the European System of Accounts 1995. From 1999 to 2001, the deficit increased from 2,4 % to 4,1 % of GDP, significantly exceeding the reference value of 3 % in 2001. Over the same period, government gross debt remained below 60 % of GDP, but rose from 54,4 % to 55,5 % of GDP. Part of the deficit increase in 2001 was due to the rectification of government accounts, the other part to deviations of budget execution from targets. While economic growth has slowed markedly, the fiscal slippage mainly reflects a weakening in the underlying budgetary position. A rectifying budget adopted in June 2001 proved insufficient as to prevent the deficit from breaching the threshold set by the Treaty. A new government that came into office in April 2002 adopted a rectifying budget providing for, inter alia, an increase in the standard VAT rate and, on the expenditure side, cuts in public investment. While the Portuguese government has declared its firm commitment to its new deficit target of 2,8 % of GDP set for 2002, it is yet uncertain whether the excessive deficit situation will actually be corrected. Moreover, government debt is projected to rise to 59,3 % of GDP in 2002, a level just under the 60 % reference value. Thus, any slippage in budgetary execution and/or a deceleration in nominal GDP growth could imply a deficit above 3 % of GDP and a breach of the government debt reference value,
HAS ADOPTED THIS DECISION:
Article 1
From an overall assessment it follows that an excessive deficit exists in Portugal.
Article 2
This decision is addressed to the Portuguese Republic.
Done at Brussels, 5 November 2002. | [
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COMMISSION REGULATION (EC) No 471/2007
of 26 April 2007
fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular Article 33(2)(a) and (4) thereof,
Whereas:
(1)
Article 32(1) and (2) of Regulation (EC) No 318/2006 provides that the differences between the prices in international trade for the products listed in Article 1(1)(b), (c), (d) and (g) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex VII to that Regulation.
(2)
Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex VII to Regulation (EC) No 318/2006.
(3)
In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.
(4)
Article 32(4) of Regulation (EC) No 318/2006 lays down that the export refund for a product contained in goods may not exceed the refund applicable to that product when exported without further processing.
(5)
The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment.
(6)
The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.
(7)
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 rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1(1) and in point (1) of Article 2 of Regulation (EC) No 318/2006, and exported in the form of goods listed in Annex VII to Regulation (EC) No 318/2006, shall be fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 27 April 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 April 2007. | [
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COMMISSION REGULATION (EC) No 2019/2005
of 9 December 2005
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
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),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Commission Regulation (EC) No 1976/2005 (4).
(2)
The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 10 December 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2005. | [
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COUNCIL REGULATION (EC) No 3058/95
of 22 December 1995
extending into 1996 the application of Regulations (EEC) No 3833/90, (EEC) No 3835/90, (EEC) No 3900/91 and (EC) No 2651/95 applying generalized tariff preferences in respect of certain agricultural products originating in developing countries and amending certain provisions of Regulation (EC) No 3282/94
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 within the context of the United Nations Conference on Trade and Development (Unctad), the European Community offered to grant tariff preferences on certain agricultural products coming under Chapters 1 to 24 of the Common Customs Tariff which originate in developing countries; whereas the preferential treatment proposed in the offer consists, in respect of certain goods which are subject to the trade arrangements laid down in Regulation (EEC) No 3448/93 (1), of a reduction in the fixed component of the charge applicable to such goods by virtue of that Regulation, and, in respect of products which are subject to the single customs duty, of a reduction in such duty; whereas preferential imports of the products concerned should be effected in general without quantitative restrictions;
Whereas the positive role played by this system in improving access for 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 there agreed that the objectives of the system of generalized preferences would not be fully achieved by the end of 1980, that consequently it should be prolonged beyond the initial period, as an overall review of the system was started in 1990;
Whereas the part of the Community's scheme of generalized preferences covering industrial products is the subject of a Regulation applicable for four years and based on the 10-year guidelines adopted by the Community; whereas, in view of the special problems relating to the implementation of the results of the Uruguay Round for the products referred to in this Regulation, it appears unlikely that a Regulation based on the new 10-year guidelines for these products can be envisaged before the middle of 1996; whereas, therefore, the current scheme for agricultural products should be temporarily renewed for six months, pending the introduction of a new agricultural scheme on 1 July 1996, with the amount of annual preferential imports as provided for in Article 7 and Annex I of Regulation (EC) No 3833/90 (2) accordingly being halved;
Whereas countries undertaking effective programmes to combat drug production and trafficking should, however, remain entitled to the more favourable arrangements granted them under the previous scheme,
HAS ADOPTED THIS REGULATION:
Article 1
Regulations (EEC) No 3833/90, (EEC) No 3835/90 (3), (EEC) No 3900/91 (4), (EC) No 3282/94 (5) and (EC) No 2651/95 (6), applying generalized tariff preferences in respect of certain agricultural products originating in developing countries shall apply mutatis mutandis from 1 January 1996 to 30 June 1996.
References in the Regulations mentioned in the first subparagraph to specific dates in 1995 and 1996 shall be taken to refer to the same dates in 1996 and 1997.
Article 2
The fixed amounts set out in column 5 of Annex I and the quantities set out in Article 7 (2) and (3) of Regulation (EEC) No 3833/90 shall each be reduced by half.
Article 3
Technical amendments to the annexes to Regulations (EEC) No 3833/90, (EEC) No 3835/90, (EEC) No 3900/91 and (EC) No 3282/94 as set out in the Annex to this Regulation.
Article 4
This Regulation shall enter into force on 1 January 1996.
It shall be applicable until 30 June 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1995. | [
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COMMISSION DECISION of 24 July 1991 approving the programme for the eradication of enzootic bovine leukosis presented by Greece and fixing the level of the Community's financial contribution (Only the Greek text is authentic) (91/438/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 amended by Decision 91/133/EEC (2), and in particular Article 24 thereof,
Whereas by letter dated 12 December 1991, Greece has submitted a three-year programme for the eradication of enzootic bovine leukosis,
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 on laying down Community criteria for the eradication and monitoring of certain animal diseases (3);
Whereas a Community financial contribution will be given provided the abovementioned conditions are fulfilled, and the authorities will provide all necessary information in conformity with Article 24 (8) of Decision 90/424/EEC, and 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 enzootic bovine leukosis,
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of enzootic bovine leukosis presented by Greece is hereby approved for a period of three years.
Article 2
Greece shall bring into force by 14 February 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 Greece by way of compensation for owners for the slaughter of cattle because of enzootic bovine leukosis.
Article 4
The Community financial contribution shall be granted after the supporting documents have been supplied.
Article 5
This Decision is addressed to the Hellenic Republic. Done at Brussels, 24 July 1991. | [
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COUNCIL REGULATION (EEC) No 1735/91 of 13 June 1991 amending Regulation (EEC) No 358/79 as regards sparkling wines produced in the Community as defined in point 15 of Annex I to Regulation (EEC) No 822/87 and Regulation (EEC) No 4252/88 on the preparation and marketing of liqueur wines produced in the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Articles 12 and 16 of Regulation (EEC) No 358/79 (4), as last amended by Regulation (EEC) No 1328/90 (5), and Article 6 of Regulation (EEC) No 4252/88 (6), as amended by Regulation (EEC) No 1328/90, fix the maximum sulphur dioxide content of sparkling wines and liqueur wines; whereas those Articles provide for the submission by 1 April 1991 of a report from the Commission to the Council on that content, together, where appropriate, with proposals; whereas the measures proposed should be consistent with others that the Commission is required to draft in the near future; whereas the abovementioned deadline should be postponed to that end; whereas the same applies to the deadline of 1 September 1991 laid down in Article 17 (3) of Regulation (EEC) No 358/79,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 358/79 is hereby amended as follows:
1. Article 12 (3) shall be replaced by the following:
'3. The Commission shall submit to the Council before 1 April 1992 in the light of the experience acquired, a report on maximum sulphur dioxide levels accompanied, where appropriate, by proposals on which the Council shall act by a qualified majority before
1 September 1992.';
2. Article 16 (3) shall be replaced by the following:
'3. Before 1 April 1992, the Commission shall submit to the Council a report, drawn up in the light of experience, on the maximum sulphur dioxide content, together, where appropriate, with proposals on which the Council shall act by a qualified majority before
1 September 1992.';
3. in Article 17 (3), '1 September 1991' shall be replaced by '1 September 1992'.
Article 2
Article 6
(2) of Regulation (EEC) No 4252/88 is hereby replaced by the following:
'2. Before 1 April 1992, the Commission shall submit to the Council a report, drawn up in the light of experience, on the maximum sulphur dioxide content of liqueur wines and quality liqueur wines psr together, where appropriate, with proposals on which the Council shall act by a qualified majority before 1 September 1992.'
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 13 June 1991. | [
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*****
COUNCIL DIRECTIVE
of 10 June 1985
amending Directive 69/335/EEC concerning indirect taxes on the raising of capital
(85/303/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas indirect taxes on the raising of capital were harmonized at Community level by Directive 69/335/EEC (4), as last amended by Directive 74/553/EEC (5); whereas Directive 73/80/EEC (6) fixed common rates for such taxes;
Whereas the economic effects of capital duty are detrimental to the regrouping and development of undertakings; whereas such effects are particularly harmful in the present economic situation in which there is a paramount need for priority to be given to stimulating investment;
Whereas the best solution for attaining these objectives would be to abolish capital duty; whereas, however, the losses of revenue which would result from such a measure are unacceptable for certain Member States; whereas the Member States must therefore be given the opportunity to exempt from or subject to capital duty all or part of the transactions coming within its scope, it being understood that a single rate of tax must be charged within one and the same Member State;
Whereas there should be mandatory exemption for the transactions currently subject to the reduced rate of capital duty;
Whereas on 1 July 1984 no capital duty existed in Greece; whereas, for this reason, provision should be made for the possibility of introducing such duty in Greece and of exempting certain transactions from it,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 69/335/EEC is hereby amended as follows:
1. In Article 4 (2):
- the introductory phrase is replaced by the following:
'2. The following transactions may, to the extent that they were taxed at the rate of 1 % as at 1 July 1984, continue to be subject to capital duty:';
- the following subparagraph is added at the end:
'However, the Hellenic Republic shall determine which of the transactions listed above it will subject to capital duty.'
2. Article 7 is replaced by the following:
'Article 7
1. Member States shall exempt from capital duty transactions, other than those referred to in Article 9, which were, as at 1 July 1984, exempted or taxed at a rate of 0,50 % or less.
The exemption shall be subject to the conditions which were applicable, on that date, for the grant of the exemption or, as the case may be, for imposition at a rate of 0,50 % or less.
The Hellenic Republic shall determine which transactions it shall exempt from capital duty.
2. Member States may either exempt from capital duty all transactions other than those referred to in paragraph 1 or charge duty on them at a single rate not exceeding 1 %.
3. In the case of an increase in a company's capital in accordance with Article 4 (1) (c), following a reduction in the company's capital as a result of losses sustained, that part of the increase which corresponds to the reduction in capital may be exempted, provided this increase occurs within four years of the reduction in capital.'
3. In Article 8, the introductory phrase shall be replaced by the following:
'Subject to Article 7 (1), Member States may exempt from capital duty the transactions referred to in Article 4 (1) and (2) concerning:'.
Article 2
Directive 73/80/EEC is hereby repealed.
Article 3
Member States shall take the measures necessary to comply with this Directive not later than 1 January 1986. They shall forthwith inform the Commisson thereof.
Article 4
This Directive is addressed to the Member States.
Done at Luxembourg, 10 June 1985. | [
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COMMISSION DECISION of 1 October 1976 laying down additional provisions concerning surveys to determine the production potential of plantations of certain species of fruit trees to be made by Member States (76/806/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/625/EEC of 20 July 1976 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees (1), and in particular Articles 2 (1) B, 2 (1) C and 9 thereof,
Whereas, following the experience acquired during the previous surveys of fruit tree plantations, the statistical classification of the technical characteristics to be surveyed as specified in Article 2 of Council Directive 71/286/EEC of 26 July 1971 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain types of fruit trees (2) are to be retained subject to certain amendments in order to ensure that statistics are continuously adapted to economic conditions;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for Agricultural Statistics,
HAS ADOPTED THIS DECISION:
Article 1
The statistical classes relating to age of trees and density of plantation referred to in Articles 2 (1) B and 2 (1) C of the Directive of 20 July 1976, appear in the Annex.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 1 October 1976. | [
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COMMISSION REGULATION (EC) No 850/2009
of 17 September 2009
fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 164(2), in conjunction with Article 4, thereof,
Whereas:
(1)
Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVI of Annex I to that Regulation and prices for those products on the Community market may be covered by an export refund.
(2)
Given the present situation on the market in milk and milk products, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167, 169 and 170 of Regulation (EC) No 1234/2007.
(3)
Article 164(1) of Regulation (EC) No 1234/2007 provides that export refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.
(4)
Export refunds for the Dominican Republic have been differentiated to take into account the reduced custom duties applied on imports under the import tariff quota under the Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican Republic (2), approved by Council Decision 98/486/EC (3). Due to a changed market situation in the Dominican Republic, characterised by increased competition for milk powder, the quota is no longer fully used. In order to maximise the use of the quota, the differentiation of export refunds for the Dominican Republic should be abolished.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation, subject to the conditions provided for in Article 3(2) of Commission Regulation (EC) No 1282/2006 (4).
Article 2
This Regulation shall enter into force on 18 September 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 September 2009. | [
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COMMISSION REGULATION (EC) No 1372/2004
of 29 July 2004
determining the extent to which applications lodged in July 2004 for import rights in respect of frozen beef intended for processing may be accepted
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),
Having regard to Commission Regulation (EC) No 1206/2004 of 29 June 2004 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 2004 to 30 June 2005) (2), and in particular Article 5(4) thereof,
Whereas:
(1)
Article 3(1) of Regulation (EC) No 1206/2004 fixes the quantities of frozen beef intended for processing which may be imported under special terms in the period from 1 July 2004 to 30 June 2005.
(2)
Article 5(4) of Regulation (EC) No 1206/2004 lays down that the quantities applied for may be reduced. The applications lodged relate to total quantities which exceed the quantities available. Under these circumstances and taking care to ensure an equitable distribution of the available quantities, it is appropriate to reduce proportionally the quantities applied for,
HAS ADOPTED THIS REGULATION:
Article 1
Every application for import rights lodged in accordance with Regulation (EC) No 1206/2004 for the period 1 July 2004 to 30 June 2005 shall be granted to the following extent, expressed as bone-in beef:
a)
8,41733 % of the quantity requested for beef imports intended for the manufacture of ‘preserves’ as defined by Article 3(1)(a) of Regulation (EC) No 1206/2004,
b)
46,21032 % of the quantity requested for beef imports intended for the manufacture of products as defined by Article 3(1)(b) of Regulation (EC) No 1206/2004.
Article 2
This Regulation shall enter into force on 30 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 July 2004. | [
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COUNCIL DECISION of 26 June 1997 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community (97/481/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 together with Article 228(2), first sentence thereof,
Having regard to the proposal from the Commission,
Whereas Council Decision 95/541/EC (1) and Commission Decision 95/542/Euratom, ECSC (2) concluded the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Ukraine, of the other part, which entered into force on 1 February 1996; whereas the Partnership and Cooperation Agreement between the European Communities and their Member States of the one part, and Ukraine of the other part, signed in Luxembourg on 14 June 1994 will, on its entry into force, replace the Interim Agreement;
Whereas the Commission has finalized negotiations for an Agreement in the form of an Exchange of Letters between the European Community and Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community;
HAS DECIDED AS FOLLOWS:
Sole Article
The Agreement in the form of an Exchange of Letters between the European Community and Ukraine establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community is hereby approved on behalf of the European Community.
The text of the Agreement is attached to this Decision.
Done at Luxembourg, 26 June 1997. | [
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COMMISSION REGULATION (EC) No 2571/95 of 31 October 1995 fixing the intervention price of olive oil for the 1995/96 marketing year at a reduced level to take account of the overrun of the maximum guaranteed quantity during the 1993/94 and 1994/95 marketing years
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 the Act of Accession of Austria, Finland and Sweden and Regulation (EC) No 3290/94 (2), and in particular Article 4a thereof,
Whereas Council Regulation (EC) No 1535/95 (3) fixes, for the 1995/96 marketing year, the intervention price for olive oil;
Whereas Article 4a of Regulation No 136/66/EEC extends the system of maximum guaranteed quantities to the intervention price for olive oil; whereas, for the 1993/94 marketing year, for which the maximum guaranteed quantity was fixed at 1 350 000 tonnes, the estimated production of olive oil was fixed at 1 283 000 tonnes, while final production for the same marketing year was established as 1 491 054 tonnes; whereas, pursuant to the abovementioned Article 4a, the intervention price for the 1995/96 marketing year should be reduced in proportion to the extent that final production in the 1993/94 marketing year exceeded the abovementioned maximum guaranteed quantity;
Whereas, for the 1994/95 marketing year, for which the maximum guaranteed quantity is fixed at 1 350 000 tonnes, estimated olive oil production is fixed at 1 408 023 tonnes; whereas, pursuant to the abovementioned Article 4a, the intervention price for the 1995/96 marketing year should be reduced in proportion to the extent that estimated production for the 1994/95 marketing year exceeds the abovementioned maximum guaranteed quantity;
Whereas, however, such reductions may not exceed 3 %;
Whereas the intervention price fixed for the 1995/96 marketing year by Regulation (EC) No 1535/95 must therefore be reduced by 3 %,
HAS ADOPTED THIS REGULATION:
Article 1
The intervention price for olive oil for the 1995/96 marketing year shall be ECU 186,17/100 kg.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 November 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 1995. | [
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COMMISSION REGULATION (EC) No 1314/2004
of 16 July 2004
fixing the maximum aid for cream, butter and concentrated butter for the 145th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 2571/97
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
The intervention agencies are, pursuant to Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (2), to sell by invitation to tender certain quantities of butter of intervention stocks that they hold and to grant aid for cream, butter and concentrated butter. Article 18 of that Regulation stipulates that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further stipulated that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure, and that a decision may also be taken to make no award in response to the tenders submitted. The amount(s) of the processing securities must be fixed accordingly.
(2)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum aid and processing securities applying for the 145th individual invitation to tender, under the standing invitation to tender provided for in Regulation (EC) No 2571/97, shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 17 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 2004. | [
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COMMISSION REGULATION (EC) No 1840/2005
of 10 November 2005
concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2).
(2)
Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,
(3)
On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 4 to 10 November 2005 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 1058/2005.
Article 2
This Regulation shall enter into force on 11 November 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 November 2005. | [
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COMMISSION DECISION of 24 July 1997 amending Decision 92/167/EEC setting up a Committee of Experts on the Transit of Electricity between Grids (97/559/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas for reasons of continuity of the work of the Committee of Experts on the Transit of Electricity between Grids set up by Commission Decision 92/167/EEC (1), as amended by the Act of Accession of Austria, Finland and Sweden, it is necessary that the term of office of the members be renewable;
Whereas, for reasons of legal certainty, it is also appropriate to delete certain provisions which have become obsolete;
Whereas Decision 92/167/EEC should be amended accordingly,
HAS DECIDED AS FOLLOWS:
Sole Article
Article 6 of Decision 92/167/EEC is amended as follows:
(a) paragraph 2 is replaced by the following:
'2. Their term of office shall be renewable once.`;
(b) paragraph 3 is deleted.
Done at Brussels, 24 July 1997. | [
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Council Regulation (EC) No 2285/2002
of 10 December 2002
on the safeguard measures provided for in the ACP-EC Partnership Agreement and repealing Regulation (EEC) No 3705/90
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) It is necessary to lay down detailed rules for implementing the safeguard clauses provided for in Chapter 1 of Annex V to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000, hereinafter referred to as "the Cotonou Agreement"(1), in order to enable the Community and the Member States to comply with their obligations under that Agreement.
(2) It is therefore appropriate to adapt the provisions of Council Regulation (EEC) No 3705/90 of 18 December 1990 on the safeguard measures provided for in the Fourth ACP-EEC Convention(2) to refer to the Cotonou Agreement.
(3) Regulation (EEC) No 3705/90 is rendered obsolete by this Regulation and should therefore be repealed.
(4) Account should be taken of the undertakings set out in Article 8(3) and (4) and Articles 9 and 11 of Annex V to the Cotonou Agreement when examining whether a safeguard measure should be introduced.
(5) The procedures concerning safeguard clauses provided for in the Treaty and in the Regulations on the common organisation of the agricultural markets are also applicable.
(6) By virtue of the Cotonou Agreement, it is also necessary to lay down certain specific provisions concerning the general rules set out in Council Regulation (EC) No 3285/94 of 22 December 1994 on common rules for imports(3),
HAS ADOPTED THIS REGULATION:
Article 1
1. Where a Member State requests the Commission to apply safeguard measures as provided for in Article 8 of Annex V to the Cotonou Agreement and if the Commission decides not to apply them, the Commission shall inform the Council and the Member States accordingly within three working days of receipt of the request from the Member State.
Member States shall provide the Commission with the information needed to justify their requests to apply safeguard measures.
Where the Commission decides not to apply safeguard measures, any Member State may refer that decision to the Council within 10 working days of its notification.
In such a case, the Commission shall notify the ACP States and inform them of the opening of consultations as referred to in Article 9(1) of Annex V to the Cotonou Agreement.
The Council, acting by a qualified majority, may adopt a different decision within 20 working days after the conclusion of the consultations with the ACP States.
2. Where the Commission, at the request of a Member State or on its own initiative, decides that the safeguard measures provided for in Article 8 of Annex V to the Cotonou Agreement should be applied:
- it shall inform the Member States forthwith or, if it is responding to a Member State's request, within three working days of the date of receipt of that request,
- it shall consult a committee made up of representatives of the Member States and chaired by a Commission representative,
- at the same time it shall inform the ACP States and notify them of the opening of consultations as referred to in Article 9(1) of Annex V to the Cotonou Agreement,
- at the same time it shall provide the ACP States with all the information necessary for those consultations.
3. In any event, the consultations shall be deemed to be completed 21 days after the notification referred to in the fourth subparagraph of paragraph 1 or the third indent of paragraph 2.
At the end of the consultations or on expiry of the period of 21 days, and if no other arrangement proves possible, the Commission, after consulting the committee referred to in the second indent of paragraph 2, may decide to take appropriate measures to implement Article 8 of Annex V to the Cotonou Agreement.
4. The decision referred to in paragraph 3 shall be notified forthwith to the Council, the Member States and the ACP States.
It shall be immediately applicable.
5. Any Member State may refer the Commission decision referred to in paragraph 3 to the Council within 10 working days of receiving notification of the decision.
6. If the Commission has not taken a decision within 10 working days following the end of the consultations with the ACP States or, as the case may be, the end of the period of 21 days, any Member State which has referred the matter to the Commission in accordance with paragraph 2 may refer it to the Council.
7. In the cases referred to in paragraphs 5 and 6, the Council, acting by a qualified majority, may adopt a different decision within 20 working days.
Article 2
1. Where special factors arise within the meaning of Article 9(3) of Annex V to the Cotonou Agreement, the Commission may take safeguard measures, or authorise a Member State to apply safeguard measures immediately.
2. If the Commission receives a request from a Member State it shall take a decision thereon within three working days of receipt of the request.
It shall notify the Council and the Member States of its decision.
3. Any Member State may refer the Commission's decision to the Council in accordance with the procedure provided for in Article 1(5).
The procedure set out in Article 1(7) shall be applicable.
If the Commission has not taken a decision within the time limits specified in paragraph 2, any Member State which has referred the matter to the Commission may refer it to the Council in accordance with the procedures referred to in the first and second subparagraphs.
The provisions of this Article shall not preclude the consultations referred to in Article 9(1) of Annex V to the Cotonou Agreement.
Article 3
Implementation of this Regulation shall not preclude the application of the Regulations establishing a common organisation of the agricultural markets or related Community or national administrative provisions or the specific rules adopted under Article 308 of the Treaty for processed agricultural products.
Article 4
Regulation (EEC) No 3705/90 is hereby repealed.
Article 5
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, 10 December 2002. | [
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COMMISSION REGULATION (EEC) No 3427/92 of 26 November 1992 on arrangements for imports into the Community of certain textile products (category 22) originating in Brazil
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 1539/92 (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 22) specified in the Annex hereto and originating in Brazil exceeded the level referred to in paragraph 2 of the said Article 11;
Whereas, in accordance with paragraph 5 of the sad Article 11 of Regulation (EEC) No 4136/86, on 25 September 1992, Brazil was notified of a request for consultations; whereas, pending a mutually satisfactory solution, importations into the Community of category 22 products have been submitted to provisional limits for the period 25 September to 24 December 1992 by Commission Regulation (EEC) No 3043/92 (3);
Whereas, as a result of consultations held on 22 October 1992, it was agreed to submit the textile products of category 22 to Community quantitative limits for the period 25 September to 31 December 1992;
Whereas paragraph 13 of the said Article 11 of Regulation (EEC) No 4136/86 ensures that the quantitative limits are observed by means of a double-checking system in accordance with Annex VI to the said Regulation;
Whereas the products in question exported from Brazil to the Community between 25 September and 31 December 1992 must be set off against the Community quantitative limits for the period 25 September to 31 December 1992;
Whereas these quantitative limits should not prevent the importation of products covered by them but shipped from Brazil to the Community before the date of entry into force of Regulation (EEC) No 3043/92;
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 the Community of the category of products originating in Indonesia and specified in the Annex hereto shall be subject to the quantitative limits set out in that Annex for the period 25 September to 31 December 1992.
Article 2
1. Products referred to in Article 1 shipped from Brazil to the Community before the date of entry into force of Regulation (EEC) No 3043/92 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 Brazil to the Community after the entry into force of Regulation (EEC) No 3043/92 shall continue to be subject to the double-checking system described in Annex VI to Regulation (EEC) No 4136/86.
3. All quantities of products shipped from Brazil to the Community on or after 25 September 1992 and released for free circulation shall be deducted from the quantitative limits laid down in the Annex to this Regulation for the period 25 September to 31 December 1992. This provisional limit shall not, however, prevent the importation of products covered by them but shipped from Brazil before the date of entry into force of Regulation (EEC) No 3043/92.
Article 3
Regulation (EEC) No 3043/92 is hereby repealed.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 25 September 1992 until 31 December 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 November 1992. | [
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*****
COUNCIL DECISION
of 5 March 1984
concerning the conclusion of the Agreement extending the Temporary Arrangement on concerted disciplines between the European Economic Community and Spain on imports of cheese into Spain
(84/145/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas, Spain, invoking Article XIX of the General Agreement on Tariffs and Trade (GATT), has taken safeguard measures against imports of cheese of which the European Economic Community is the principal supplier;
Whereas the Commission has entered into negotiations with Spain under Article XIX of the GATT; whereas it has reached an agreement with that country concerning imports of Community cheese into Spain in 1984; whereas that agreement is considered satisfactory,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Economic Community and Spain, in the form of agreed minutes, 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 authorized to designate the person empowered to sign the Agreement in order to bind the Community.
Done at Brussels, 5 March 1984. | [
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Commission Decision
of 10 January 2003
recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of benalaxyl-M, benthiavalicarb, 1-methylcyclopropene, prothioconazole and fluoxastrobin in Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market
(notified under document number C(2002) 5575)
(Text with EEA relevance)
(2003/35/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant-protection products on the market(1), as last amended by Commission Directive 2002/81/EC(2), and in particular Article 6(3) thereof,
Whereas:
(1) Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products.
(2) A dossier for the active substance benalaxyl-M was submitted by Isagro, Italy, to the Portuguese authorities on 22 February 2002 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC. A dossier for the active substance benthiavalicarb was submitted by Kumiai Chemicals Industry Co Ltd to the authorities of Belgium on 19 April 2002. A dossier for the active substance 1-methylcyclopropene was submitted by Rohm and Haas, to the authorities of the United Kingdom on 28 February 2002. A dossier for the active substance prothioconazole was submitted by Bayer Crop Science, to the authorities of the United Kingdom on 25 March 2002. A dossier for the active substance fluoxastrobin was submitted by Bayer Crop Science, to the authorities of the United Kingdom on 25 March 2002.
(3) The authorities of the Portugal, Belgium and the United Kingdom have indicated to the Commission that, on preliminary examination, the dossiers for the active substances concerned appear to satisfy the data and information requirements of Annex II to Directive 91/414/EEC. The dossiers submitted appear to satisfy also the data and information requirements of Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EC, the dossiers were subsequently forwarded by the respective applicants to the Commission and other Member States, and were referred to the Standing Committee on the Food Chain and Animal Health.
(4) By this Decision it should be formally confirmed at Community level that the dossiers are considered as satisfying in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements of Annex III to Directive 91/414/EEC.
(5) This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information to the Member State designated as Rapporteur in respect of a given substance in order to clarify certain points in the dossier.
(6) 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 dossiers concerning the active substances identified in the Annex to this Decision, which were submitted to the Commission and the Member States with a view to obtaining the inclusion of those substances in Annex I to Directive 91/414/EEC, satisfy in principle the data and information requirements set out in Annex II to Directive 91/414/EEC.
The dossiers also satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance, taking into account the uses proposed.
Article 2
The rapporteur Member States shall pursue the detailed examination for the dossiers concerned and shall report the conclusions of their examinations accompanied by any recommendations on the inclusion or non-inclusion of the active substance concerned in Annex I of Directive 91/414/EEC and any conditions related thereto to the Commission as soon as possible and at the latest within a period of one year from the date of publication of this Decision in the Official Journal of the European Communities.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 10 January 2003. | [
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COMMISSION REGULATION (EC) No 1466/95 of 27 June 1995 laying down special detailed rules of application for export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Article 17 (14) thereof,
Whereas, pursuant to the Agricultural Agreement concluded during the Uruguay Round of the GATT trade negotiations (hereinafter referred to as the 'Agreement`), export refunds on agricultural products, including milk products, are issued within each twelve-month period from 1 July 1995 up to a maximum quantity and a maximum value; whereas, in order to ensure compliance with those limits, the issue of export licences must be monitored; procedures must also be adopted for allocating the quantities which may be exported with a refund;
Whereas Regulation (EEC) No 804/68 lays down the general rules for the granting of export refunds in the milk and milk products sector, in order, in particular, to permit the monitoring of the value and quantity limits for refunds; whereas detailed rules for the application of those arrangements must be laid down;
Whereas, notwithstanding Commission Regulation (EEC) No 3665/87 (3) of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products, as last amended by Regulation (EC) No 331/95 (4), cases where a refund may be granted without presentation of an export licence should be defined and the maximum time that products may remain under customs control should be specified;
Whereas special provisions should be adopted for the milk and milk products sector, notwithstanding Commission Regulation (EEC) No 3719/88 (5), as last amended by Regulation (EC) No 1199/95 (6), concerning, in particular, licences; whereas, in addition, the tolerance permitted by that Regulation as regards the quantity of goods exported compared with the quantity indicated on the licence should be reduced and, in order to ensure effective exceeding that indicated on the licence; whereas the securities to be lodged when licence applications are submitted should be sufficient to prevent speculative applications;
Whereas, in order to ensure accurate checking of products exported and to minimize the risk of speculation, the possibility of changing a product for which a licence has been issued should be restricted and penalties should be laid down for cases where the composition of the product does not conform to the description;
Whereas, to enable traders to participate in invitations to tender opened by third countries without affecting the restrictions as regards volume, a system of provisional licences should be introduced giving successful tenderers the right to a full licence;
Whereas, in order to ensure effective monitoring of licences issued, which depends on the notification of information to the Commission by the Member States, a delay of five working days should be provided for before the issue of licences; whereas, in order to ensure the smooth operation of the arrangements and, in particular, an equitable allocation of the quantities available within the limits laid down by the Agreement, various rules on administration should be laid down and, in particular, provision should be made for the issue of licences to be suspended and for a reduction coefficient to be applied to the quantities applied for;
Whereas the method for fixing the refund on milk products containing added sugar, the price of which is determined by the price of the ingredients, should be laid down according to the percentage of the ingredients contained therein;
Whereas the risk of a break in export should be averted and provision should accordingly be made for licences, valid from 1 July 1995 to be issued before that date;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. Exports from the Community of products listed in Article 1 of Regulation (EEC) No 804/68 for which an export refund is requested shall be subject to the presentation of an export licence. The refund to be paid shall be that applicable on the day the licence application is lodged.
2. Section 7 of the licence application and of the licence itself shall show the code number of the country of destination as referred to in the Annex to Commission Regulation (EC) No 3079/94 (1).
3. Licence applications lodged on a Thursday shall, pursuant to Article 15 of Regulation (EEC) No 3719/88, be deemed to have been lodged on the next working day.
Article 2
The refund shall be granted only on presentation of an export licence. Notwithstanding Article 2a of Regulation (EEC) No 3665/87 however, no licence shall be required:
- where the refund for an export declaration, calculated on the basis of the refund applicable on the first day of the month of export, is less than or equal to ECU 60,
- in the cases referred to in Articles 34, 38, 42, 43 and 44 (1) of Regulation (EEC) No 3665/87.
Article 3
1. Section 16 of the export licence application and of the licence itself shall show the eleven-figure product code for milk products in the agricultural product nomenclature for export refunds. The licence shall only be valid for the product so designated.
For products falling within CN codes 0402, 0403, 0404 and 0405, however, where the refund is identical for several codes within the same category, the code may be changed at the request of the trader concerned.
For the purposes of this Regulation, 'categories` means the following groups of products: butter and butteroil, skimmed milk powder, cheeses, other milk products.
2. Where the exported product does not conform to the description given in the licence but falls within the same CN code:
(a) where the refund applicable to the actual description is higher than that applicable to that indicated on the licence, the latter refund shall apply,
(b) where the refund applicable to the actual description is lower than that applicable to that indicated on the licence, Article 11 of Regulation (EEC) No 3665/87 shall apply.
Article 4
Export licences shall be valid from the day of issue, within the meaning of Article 21 (2) of Regulation (EEC) No 3719/88, until:
(a) the end of the third month following issue in the case of products falling within CN code 0406;
(b) the end of the fourth month following issue for the other products referred to in Article 1 of Regulation (EEC) No 804/68;
(c) the date by which the obligations rising under invitations to tender provided for in Article 6 must be fulfilled and by the end of the eighth month following issue of the full licence referred to in Article 6 (3) at the latest.
At the request of the trader concerned, however, the validity of the licence may be extended by one month for the products referred to in point (a), two months for those referred to in point (b) and by three months in the case referred to in point (c).
Article 5
Notwithstanding Articles 27 (5) and 28 (5) of Regulation (EEC) No 3665/87, the period during which the products referred to in Article 1 of Regulation (EEC) No 804/68 may remain covered by the arrangements provided for in Council Regulation (EEC) No 565/80 (2) shall be equal to the remainder of the term of validity of the export licence.
Article 6
1. In the case of an invitation to tender issued by one of the agencies referred to in the Annex to Commission Regulation (EEC) No 2730/81 (3), except for invitations to tender concerning products falling within CN code 0406, traders may apply for a provisional export licence for the quantity covered by their tender subject to the lodging of a security. The security for provisional licences shall be equal to 75 % of the rate fixed in Article 7.
2. Provisional licences shall be issued on the fifth working day following that on which the application is lodged, provided that the special measures referred to in Article 8 (3) are not adopted in the meantime.
3. Notwithstanding Article 44 (5) of Regulation (EEC) No 3719/88, the period of 21 days shall be replaced by 60 days. Before the end of that period, the trader shall apply for the full export licence, which shall be issued on presentation of proof that he has been awarded a contract.
On presentation of proof that this tender has been rejected or that he has been awarded a contract for a quantity less than that indicated on the provisional licence, the whole or part of the security shall be released as appropriate.
4. Licence applications referred to in paragraphs 2 and 3 shall be made in accordance with Article 13 of Regulation (EEC) No 3719/88.
5. The provisions of this Regulation, with the exception of Article 8, shall apply to full licences.
Article 7
1. The security referred to in Article 14 (2) of Regulation (EEC) No 3719/88 shall, depending on the refund applicable on the day the export licence application is lodged, be:
(a) 5 % of the refund for products falling within CN codes 0402 10 and 0405;
(b) 20 % of the refund for products falling within CN code 0406;
(c) 10 % of the refund for other products.
2. Where the term of validity of the export licence is extended pursuant to the second paragraph of Article 4, the security fixed pursuant to paragraph 1 shall be increased by 30 %.
Article 8
1. Export licences shall be issued on the fifth working day following the day on which the application is lodged, provided that the special measures referred to in paragraph 3 are not adopted in the meantime.
2. Where:
(a) the issue of the licences applied for appears likely to result, in an overrun in the budgetary amounts available or in the exhaustion of the maximum quantities which may be exported with a refund during the twelve-month period in question in a shorter or in a shorter period to be determined pursuant to Article 9; or (b) the issue of the licences applied for does not allow the continuity of exports to be guaranteed during the rest of the period concerned. In such cases, account shall be taken, as regards the product in question, of:
- the seasonal nature of trade, the market situation and in particular the trend in prices on the market and the export conditions resulting therefrom,
- the need to prevent speculative applications leading to distortion of competition between traders,
a decision may be taken to adopt one or more of the special measures provided for in paragraph 3.
3. In the cases referred to in paragraph 2:
(a) the Commission may decide for the product or products in question:
- to suspend the issue of licences for a maximum of five working days,
- to apply a reduction coefficient to the quantities applied for.
Where a coefficient of less than 0,8 is applied to the quantities applied for, the party concerned may, within three working days of publication of the decision fixing the coefficient, request the cancellation of his licence application and the release of his security;
(b) in accordance with the procedure provided for in Article 30 of Regulation (EEC) No 804/68, the Commission may decide:
- to suspend the issue of licences for the product or products concerned for a period exceeding five working days;
- at the end of the period of suspension, to fix refunds by invitation to tender for products falling within CN codes 0402 10 19, 0405 00 90 and 0405 00 19. The relevant licences shall then be issued.
4. Licence applications submitted during the period of suspension shall not be admissible.
Article 9
Where the global quantity covered by licence applications submitted is such that there is a risk of early exhaustion of the maximum quantities which may be exported with a refund during the twelve-month period in question, the Commission may decide, in accordance with the procedure provided for in Article 30 of Regulation (EEC) No 804/68, to allocate those maximum quantities over periods to be determined.
Article 10
1. No refund shall be paid for the additional quantity exported within the tolerance referred to in Article 8 (4) of Regulation (EEC) No 3719/88.
One of the following forms of wording shall be entered in section 22 ('special conditions`) of the licence:
- Restitución válida por . . . (cantidad por la que se expida el certificado),
- Restitution gyldig for . . . (den maengde, som licensen er udstedt for),
- Erstattung anwendbar fuer . . . (Menge, fuer die die Lizenz erteilt wurde),
- AAðéóôñïoeÞ ðïõ éó÷ýaaé ãéá . . . (ðïóueôçôá ãéá ôçí ïðïssá aaêaeueèçêaa ôï ðéóôïðïéçôéêue),
- Refund valid for . . . (quantity for which the licence is issued),
- Restitution valable pour . . . (quantité pour laquelle le certificat est délivré),
- Restituzione valida per . . . (quantitativo per cui è rilasciato il titolo),
- Restitutie geldig voor . . . (hoeveelheid waarvoor het certificaat wordt afgegeven),
- Restituição válida para . . . (quantidade em relação à qual é emitido o certificado),
- Tuki on voimassa . . . (maeaerae, jolle todistus myoennetaeaen),
- Bidrag giltigt foer . . . (den kvantitet som licensen aer utfaerdad foer).
2. Notwithstanding Article 8 (5) of Regulation (EEC) No 3719/88, where the quantity exported falls no more than 2 % below the quantity indicated on the licence, the obligation to export shall be deemed to be fulfilled.
Article 11
Article 21 of Regulation (EEC) No 3665/87 shall only apply to licences issued:
- for products on which refunds vary according to destination,
- pursuant to the provisions referred to in Article 6 (3).
Article 12
1. For milk products containing added sugar, the refund shall be equal to the sum of the following components:
(a) a component representing the quantity of milk products;
(b) a component representing the quantity of added sucrose.
However, the latter component shall apply only if the added sucrose has been produced from beet or cane harvested in the Community.
2. For concentrated milk products containing added sugar with a fat content by weight lower than or equal to 9,5 %, the component referred to in paragraph 1 (a) shall be fixed per 100 kilograms of the whole product.
For other products referred to in paragraph 1, the component referred to in paragraph 1 (a) shall be calculated by multiplying the basic amount by the milk product content of the product in question.
The basic amount referred to in the preceding subparagraph shall be the refund on one kilogram of milk products contained in the product.
3. The component referred to in paragraph 1 (b) shall be calculated by multiplying the sucrose content of the whole product by the basic amount of the refund applicable on the day the licence application is lodged for the products listed in Article 1 (1) (d) of Council Regulation (EEC) No 1785/81 (1).
4. For the purposes of paragraph 1 (b), sucrose:
(a) imported into the Community under:
- Protocol No 3 on sugar annexed to the ACP-EEC Lomé Convention,
- the Agreement on sugar cane between the European Economic Community and the Republic of India; or (b) obtained from products imported under the provisions referred to in subparagraph (a),
shall be treated as sucrose producted from beet or cane harvested in the Community.
Article 13
Regulations (EEC) No 3665/87 and (EEC) No 3719/88 shall apply subject to the provisions of this Regulation.
Article 14
Commission Regulations (EEC) No 1098/68 (2) and (EEC) No 2729/81 (3) are hereby repealed. They shall apply, however, to licences issued against applications lodged before 1 July 1995.
Article 15
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995.
However, licences may be applied for under this Regulation as from its entry into force. In that case, notwithstanding the introductory part of Article 4, licences shall be valid from 1 July 1995 only and section 22 thereof shall bear one of the following forms:
- Certificado GATT utilizable a partir del 1 de julio de 1995,
- GATT-licens kan anvendes fra den 1. juli 1995,
- GATT-Lizenz, gueltig ab 1. Juli 1995,
- Ðéóôïðïéçôéêue ôçò GATT ôï ïðïssï ìðïñaass íá ÷ñçóéìïðïéçèaass ìaaôUE ôçí 1ç Éïõëssïõ 1995,
- GATT licence valid from 1 July 1995,
- Certificat GATT utilisable à partir du 1er juillet 1995,
- Titolo GATT utilizzabile a partire dal 1° luglio 1995,
- GATT-certificaat op of na 1 juli 1995 te gebruiken,
- Certificado GATT utilizável a partir de 1 de Julho de 1995,
- GATT-todistus voimassa 1 paeivaestae heinaekuuta 1995,
- GATT-licens giltigt fraan och med den 1 juli 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 1995. | [
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COMMISSION DECISION
of 8 February 2000
on the provisional approval of residue plans of third countries according to Council Directive 96/23/EC
(notified under document number C(2000) 343)
(Text with EEA relevance)
(2000/159/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC(1), and in particular Article 29 thereof,
Having regard to Council Directive 72/462/EEC(2) of 12 December 1972 on health and veterinary inspection problems on importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries, as last amended by Directive 97/79/EC(3), and in particular Article 3 thereof,
Whereas:
(1) Some third countries have presented residue monitoring plans including results thereof to the Commission services, and there is a need for additional information and further clarifications.
(2) Other third countries have been providing information on residue plans under conditions laid down before Directive 96/23/EC was implemented, and are currently exporting to the Community although they have not submitted a recent plan of residue monitoring and/or the relevant results, and there are aspects which need more information and clarification.
(3) Third countries that wish to export products of animal origin for human consumption to the Community, as specified in Directive 96/23/EC, may submit their residue monitoring plan at any time to the Commission services for approval. On compliance with Directive 96/23/EC, they may be added to this Decision.
(4) There is a need, in the interest of the third countries and the European Community, to provide for transparency in all actions, and at the same time to provide enough time for the third countries to adapt their legislation to Community requirements.
(5) There is a public health concern in relation to residues in products of animal origin. Therefore residue plans shall be approved and regularly updated.
(6) Council Decision 79/542/EEC(4), as last amended by Commission Decision 2000/2/EC(5), draws up a list of third countries from which Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products and includes provisions relating to residue monitoring plans which are covered by this Decision. Therefore Decision 79/542/EEC should be amended accordingly.
(7) Article 29(1) of Directive 96/23/EC states that inclusion and retention on the lists of third countries provided for in Community legislation from which Member States are authorised to import animals and animal products covered by this Directive shall be subject to submission by the third country concerned of a plan setting out the guarantees which it offers as regards the monitoring of the groups of residues and substances referred to in Annex I.
(8) Article 8(3) of Directive 96/23/EC states that by no later than 31 March each year, Member States shall forward to the Commission the results of their residue and substance detection plans and their control measures.
(9) The second paragraph of Article 29(1) of Directive 96/23/EC states that provisions of Article 8 concerning time limits for submission and updating of plans shall apply for plans submitted by third countries and, in addition, that the guarantees must have an effect at least equivalent to those provided for in this Directive.
(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Animals or animal products from third countries appearing in the list of the Annex with an "X" are considered to comply provisionally with Directive 96/23/EC, concerning the approval of residue plans.
Article 2
The Commission will review this Decision as necessary. From 1 April 2000, the Commission will evaluate the residue monitoring plans submitted by third countries in accordance with Article 29 of Directive 96/23/EC before final approval is given.
By 31 March 2000 third countries must present a residue monitoring plan for those foodstuffs of animal origin for import into the Community for the year 2000, demonstrating compliance with Directive 96/23/EC, which may include provision of equivalent guarantees; and present the results of the residue monitoring plan for the year 1999 for those foodstuffs of animal origin which have been imported into the Community during 1999.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 8 February 2000. | [
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COMMISSION REGULATION (EC) No 738/2005
of 13 May 2005
amending Regulation (EC) No 1040/2002 establishing detailed rules for the implementation of the provisions relating to the allocation of a financial contribution from the Community for plant-health control and repealing Regulation (EC) No 2051/97
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 the fifth subparagraph of Article 23(5) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1040/2002 (2) covers expenditure relating directly to the necessary measures which have been taken or are planned for the purpose of combating harmful organisms introduced from third countries or from other areas in the Community, in order to eradicate or, if that is not possible, to contain them.
(2)
In accordance with Article 4(3) of that Regulation no financial contribution is to be granted unless the total amount of eligible expenditure per year reaches a threshold of EUR 50 000.
(3)
Experience has shown that the dossiers submitted by the Member States in general meet the requirements of Regulation (EC) No 1040/2002, with the exception of the requirement regarding the minimum amount of eligible expenditure per year. Indeed in certain cases, especially in Member States where only a small part of the national territory is used for agriculture and where consequently lower expenses are incurred for controlling outbreaks of harmful organisms, the amount of eligible expenditure per year was below the threshold of EUR 50 000.
(4)
A financial contribution should therefore also be granted for dossiers where the amount of eligible expenditure per year is substantially less than EUR 50 000.
(5)
Regulation (EC) No 1040/2002 should therefore be amended accordingly.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 4(3) of Regulation (EC) No 1040/2002, the third sentence is replaced by the following:
‘The financial contribution from the Community shall not be granted where the total amount of eligible expenditure per year, as referred to in Article 4(1), is less than EUR 25 000.’
Article 1
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply with effect from 1 January 2005
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 May 2005. | [
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COMMISSION REGULATION (EC) No 1896/2004
of 29 October 2004
amending Regulation (EC) No 1499/2004 of 24 August 2004 on certain exceptional market support measures for eggs in Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 14 thereof,
Whereas:
(1)
Because of an outbreak of avian influenza in Belgium, the Belgian authorities adopted market support measures regarding hatching eggs. These measures were treated as exceptional market support measures within the meaning of Article 14 of Regulation (EEC) No 2771/75 by Commission Regulation (EC) No 1499/2004 (2).
(2)
Article 1(1) of Regulation (EC) No 1499/2004 determines the period in which the eligible hatching eggs should have been processed. Close examination of the situation in April and May 2003 shows that it was not possible, for veterinary and health reasons, to observe that period. It is necessary therefore to prolong it.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1(1) of Regulation (EC) No 1499/2004, the date 5 May 2003 is replaced by 13 June 2003.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 October 2004. | [
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COMMISSION REGULATION (EC) No 1255/94 of 31 May 1994 reducing the basic price and buying-in price for cauliflowers, peaches, nectarines, lemons, tomatoes and apricots for June 1994 as a result of the monetary realignments of January and May 1993 and the overrun of the intervention threshold fixed for the 1993/94 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EC) No 3669/93 (2), and in particular Article 16b (4) thereof,
Having regard to Commission Regulation (EEC) No 3824/92 of 28 December 1992 amending the prices and amounts fixed in ecus as a result of monetary realignments (3), as last amended by Regulation (EEC) No 1663/93 (4), and in particular Article 2 thereof,
Whereas Regulation (EEC) No 3824/92 establishes a list of the prices and amounts in the fruit and vegetables sector which are divided by the reducing coefficients of 1,002583 and 1,000426 fixed by Commission Regulation (EEC) No 537/93 (5), as amended by Regulation (EEC) No 1331/93 (6); whereas Article 2 of Regulation (EEC) No 3824/92 provides that the reduction in the prices and amounts resulting therefrom is to be specified for each sector concerned and that the value of the prices and amounts so reduced is to be fixed; whereas the basic price and buying-in price for cauliflowers, peaches, nectarines, lemons, tomatoes and apricots for June 1994 were fixed by Council Regulation (EC) No 1234/94 (7);
Whereas Commission Regulation (EEC) No 1202/93 (8) fixes the intervention thresholds for the 1993/94 marketing year at 283 200 tonnes for peaches, 74 800 tonnes for nectarines and 367 400 tonnes for lemons;
Whereas, pursuant to Article 16a (1) of Regulation (EEC) No 1035/72 and Article 2 (1) of Council Regulation (EEC) No 2240/88 of 19 July 1988 fixing, in respect of peaches, lemons and oranges, the rules for applying Article 16a of Regulation (EEC) No 1035/72 (9), as last amended by Regulation (EC) No 1623/91 (10), where, in a given marketing year, the quantities of peaches, nectarines and lemons which are the subject of intervention measures exceed the intervention thresholds fixed for those products for that marketing year, the basic and buying-in prices fixed for those products for the following marketing year are to be reduced by 1 % per tranche of 23 000 tonnes in the case of peaches, 3 000 tonnes in the case of nectarines and 11 200 tonnes in the case of lemons;
Whereas, according to information supplied by the Member States, the intervention measures taken by the Community for the 1993/94 marketing year related to 690 051 tonnes for peaches, 156 991 tonnes for nectarines and 596 363 tonnes for lemons;
Whereas an overrun of 406 851 tonnes for peaches, 82 191 tonnes for nectarines and 229 363 tonnes for lemons on the intervention thresholds fixed for that marketing year has therefore been recorded by the Commission; whereas as a result of the foregoing the basic and buying-in prices for peaches, nectarines and lemons for June 1994 fixed by Regulation (EC) No 1234/94 must be reduced by 17 % in the case of peaches, 20 % in the case of nectarines and 20 % in the case of lemons; whereas this reduction is to be added to that resulting from the monetary realignment of 13 May 1993 for peaches and nectarines; whereas the basic and buying-in prices for cauliflowers, tomatoes and apricots for June 1994 fixed by Regulation (EC) No 1234/94 must be reduced by 0,04 % in the case of cauliflowers and apricots and by 0,26 % in the case of tomatoes; whereas these reductions result from the monetary realignments of May 1993, in the case of cauliflowers and apricots, and of January and May 1993, in the case of tomatoes;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
The basic and buying-in prices for cauliflowers, peaches, nectarines, lemons and apricots for the period 1 to 30 June 1994 and the basic and buying-in prices for tomatoes for the period 11 to 30 June 1994 fixed by Regulation (EC) No 1234/94 shall be reduced by 17,04 % in the case of peaches, 20,03 % in the case of nectarines, 20 % in the case of lemons, 0,26 % in the case of tomatoes and 0,04 % in the case of cauliflowers and apricots and shall be as follows:
"(Ecu/100 kg net) Cauliflowers 24,57 10, Peaches 37,45 20, Nectarines 47,26 22, Lemons 34,45 20, Apricots 41,14 23, Tomatoes (11 to 20 June) 28,09 10, (21 to 30 June) 25,55 9,
These prices refer, respectively, to:
- packed, trimmed cauliflowers of quality class I,
- packed peaches of the Amsden, Cardinal, Charles Ingouf, Dixired, Jeronimo, J. H. Hale, Merril Gemfree, Michelini, Red Haven, San Lorenzo, Springcrest and Springtime varieties of quality class I, size 61 to 67 millimetres,
- packed nectarines of the Armking, Crimsongold, Early Sun Grand, Fantasia, Independence, May Grand, Nectared, Snow Queen and Stark Red Gold varieties of quality class I, size 61 to 67 millimetres,
- packed lemons of quality class I, size 53 to 62 millimetres,
- packed apricots of quality class I of a size over 30 millimetres,
- packed round or ribbed tomatoes of quality class I, size 57 to 67 millimetres.
These prices do not take account of the cost of the packaging in which the product is put up.
Article 2
This Regulation shall enter into force on 1 June 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 May 1994. | [
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COMMISSION REGULATION (EEC) No 2249/91 of 25 July 1991 laying down provisions for the implementation of Council Regulation (EEC) No 1855/89 for the temporary importation of means of transport
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1855/89 of 14 June 1989 on the temporary importation of means of transport, and in particular Article 21 thereof (1),
Whereas it is necessary to establish the conditions on which means of transport can be covered by the temporary importation procedure pursuant to Regulation (EEC) No 1855/89;
Whereas the requirement to present a customs document and lodge a security should be restricted to cases where there is a serious risk of non-compliance with the obligation to re-export a means of transport brought into the customs territory of the Community;
Whereas pallets by their nature constitute a special case; whereas a special authorization procedure should be laid down for pallets which are not readily identifiable;
Whereas exhaustive rules should be laid down for derogations pursuant to Article 13 of Regulation (EEC) No 1855/89 and a presumption established that derogations not provided for pursuant to Regulation shall be unacceptable;
Whereas the customs services of the Member States should have discretionary powers to assess on a case-by-case basis the facts which enable certain derogations provided for by this Regulation to be applied and/or the period for which a means of transport shall be admitted under the temporary importation procedures pursuant to those derogations;
Whereas the measures provided for by this Regulation are in accordance with the opinion of the Committee for Customs Procedures with Economic Impact,
HAS ADOPTED THIS REGULATION: TITLE I: GENERAL PROVISIONS
Article 1
For the purposes of this Regulation:
(a) 'basic Regulation' means Council Regulation (EEC) No 1855/89;
(b) 'person established in the customs territory of the Community' means a natural person having his normal residence in the customs territory of the Community or a legal person having his registered place of business in that territory;
(c) 'internal traffic' means the carriage of persons or goods picked up or loaded within the customs territory of the Community for setting down or unloading within that territory.
Article 2
1. Without prejudice to Articles 3, 16 and 17 of this Regulation, the arrangements for the temporary importation of means of transport pursuant to the basic Regulation shall apply without formalities once the said means of transport have been brought into the customs territory of the Community.
2. (a) Means of transport which are placed under the temporary importation arrangements upon discharge of inward processing arrangements in the Community shall be treated in the same way as means of transport imported into the customs territory of the Community.
(b) The means of transport referred to in (a) shall be placed under temporary importation arrangements on the date on which they are first used under the arrangements.
(c) For the purposes of drawing up the discharge provided for under the inward processing relief arrangements the person covered by the temporary importation arrangements shall issue to the holder of the inward processing authorization a certificate replacing the documents provided for in Article 61 (3) of Council Regulation (EEC) No 3677/86 (2).
Article 3
1. For the purposes of the first paragraph of Article 2 and the first paragraph of Article 3 of the basic Regulation, where the customs service, when carrying out a check, considers that there is a serious risk of non-compliance with the requirement that a means of transport be re-exported, the temporary importation arrangements shall apply subject to the production of a document provided for in an international convention or the lodging of a declaration on a form established in accordance with the procedure provided for by Council Regulation (EEC) No 717/91 (3). The customs authority may request a guarantee during the presentation of the declaration.
2. For the purposes of Article 17 of the basic Regulation, the document or declaration shall be presented to the customs service along with the means of transport within the time limit established by the service where the document was produced or the declaration lodged.
Article 4
Article 12 of the basic Regulation shall apply mutatis mutandis to legal persons having their registered place of business in the customs territory of the Community. TITLE II: MEANS OF ROAD TRANSPORT Chapter I: Means of road transport for business use
Article 5
1. For the purposes of application of Article 4 of the basic Regulation, business use shall include the carriage of persons for a consideration or the industrial and commercial carriage of goods whether for a consideration or free of charge.
2. For the purposes of Article 4 (3) (a) and (b) of the basic Regulation, persons acting on behalf of a person established outside the customs territory of the Community shall be duly authorized by the person concerned.
3. Pursuant to Article 13 of the basic Regulation:
(a) subject to the requirements of paragraph 2, vehicles for business use may be driven by natural persons established in the customs territory of the Community;
(b) the supervising service may agree that:
- in exceptional cases, a person established in the customs territory of the Community may import and use vehicles for business use under temporary importation arrangements for a limited period established by the said service according to the circumstances of the case under consideration;
- a natural person established in the customs territory of the Community and employed by a person established outside that territory may import and use in that territory, for business use, a vehicle belonging to the latter. The vehicle admitted under the temporary importation arrangements may also be used for private purposes where such use is occasional, subsidiary to the business use and provided for in the contract of employment;
(c) vehicles for business use may be used in internal traffic where the provisions in force in the field of transport, in particular those concerning admission and operations, so provide.
4. Vehicle maintenance and repair operations which must be carried out during a journey to or within the customs territory of the Community may be carried out while the vehicle is under these temporary importation arrangements.
Chapter II: Means of road transport for private use
Article 6
1. For the purposes of Article 5 (3) (a) and (b) of the basic Regulation, road vehicles for private use shall not be hired, lent or made available following their importation or, if they were on hire, on loan or made available at the time of their importation, they shall not be re-hired or sub-hired or lent or made available to another person in the customs territory of the Community for any purpose other than immediate re-exportation.
Accordingly, vehicles for private use belonging to a hire firm whose head office is situated outside the customs territory of the Community may be re-hired to a natural person established outside the customs territory of the Community with a view to their re-exportation within a period to be set at the discretion of the customs service, where they are within the customs territory of the Community following performance of a contract of hire.
2. Notwithstanding the first subparagraph of paragraph 1, the spouse and the relatives in the direct ascending and descending lines of a person established outside the customs territory of the Community who have their normal residence outside that territory may use a private vehicle imported under temporary importation arrangements.
Article 7
Pursuant to Article 13 of the basic Regulation:
1. notwithstanding the provisions of the first subparagraph of Article 6 (1) of this Regulation, a vehicle for private use may be used occasionally by a natural person established in the customs territory of the Community where such person is acting on behalf of and on the instructions of the user of the arrangements, who is himself in that territory;
2. the temporary importation arrangements provided for in the second subparagraph of Article 6 (1) of this Regulation may be used by natural persons established in the customs territory of the Community; vehicles may also be returned from the customs territory of the Community by an employee of the hire firm resident in that territory;
3. a natural person established in the customs territory of the Community may, for the purpose of returning to the Member State where he has his residence, hire or borrow outside that territory a vehicle for private use meeting the conditions laid down in Article 5 (3) (c) of the basic Regulation. The period within which the vehicle must be re-exported shall be established by the customs service according to the circumstances of the case under consideration;
4. the customs service may allow the temporary importation arrangements referred to in Article 5 (4) of the basic Regulation to be used by natural persons established in the customs territory of the Community preparing to transfer their normal residence out of that territory under the following conditions:
- the person concerned shall provide evidence of the transfer of residence by any means acceptable to that service;
- the vehicle must be exported within three months of the date of registration.
5. Article 5 (4) of this Regulation shall apply to road vehicles for private use.
Article 8
For the purposes of Article 5 (6) (a) of the basic Regulation, in order to interrupt the period in which a vehicle imported under the arrangements remains in the customs territory of the Community, the user of the temporary importation arrangements shall so inform the customs service and shall comply with the measures considered appropriate by that service to prevent use of the vehicle on a temporary basis.
Article 9
Articles 6 and 7 shall apply mutatis mutandis to saddle or draught animals and the vehicles drawn by them entering the customs territory of the Community. TITLE III: MEANS OF RAIL TRANSPORT
Article 10
Pursuant to Article 13 of the basic Regulation:
1. the means of rail transport may be placed at the disposal of a person established in the customs territory of the Community on condition that they are used jointly under an agreement whereby each network may use the rolling stock of the other networks as its own rolling stock. Temporary importation arrangements shall be discharged when means of rail transport of the same type as those which had been placed at the disposal of a person established in the customs territory of the Community are exported or placed, with a view to subsequent exportation, in a free zone or under one of the arrangements referred to in Article 17 (1) of the basic Regulation;
2. in exceptional cases, the customs service may allow a person established in the customs territory of the Community to import and use wagons intended for the carriage of goods which have been placed under the temporary importation arrangements for a limited period established by the said service according to the circumstances of the case under consideration. TITLE IV: MEANS OF AIR TRANSPORT
Article 11
1. Article 5 of this Regulation shall apply mutatis mutandis to aircraft for business use. In particular, pursuant to Article 13 of the basic Regulation, the customs service may, in exceptional cases, allow a person established in the customs territory of the Community to import and use aircraft placed under temporary importation arrangements for a limited period established by the said service according to the circumstances of the case under consideration.
2. Articles 6, 7 and 8 of this Regulation shall apply mutatis mutandis to aircraft for private use. TITLE V: SEA AND INLAND WATERWAY TRANSPORT
Article 12
1. Article 5 of this Regulation shall apply mutatis mutandis to vessels for business use in sea or inland waterway transport. In particular, pursuant to Article 13 of the basic Regulation, the customs service may, in exceptional cases, allow a person established in the customs territory of the Community to import and use vessels placed under temporary importation arrangements for a limited period established by the said service according to the circumstances of the case under consideration.
2. Articles 6, 7 and 8 shall apply mutatis mutandis to vessels for private use in sea or inland waterway transport.
3. Pursuant to Article 13 of the basic Regulation, in exceptional cases where lake harbour infrastructure outside the customs territory of the Community is no adequate to allow the mooring of means of inland waterway transport for private use, the customs service may allow a natural person established in the customs territory of the Community to import a vessel placed under temporary importation arrangements and use it on Community waters in a lake within the said territory adjacent to the country in which the vessel is registered. The person concerned shall provide evidence of the inadequacy of lake harbour infrastructure by any means acceptable to the customs service. TITLE VI: PALLETS Chapter 1: Special provisions applicable to the temporary importation of pallets pursuant to the first paragraph of Article 2 and the first paragraph of Article 3 of the basic Regulation
Article 13
1. The temporary importation of pallets pursuant to the first paragraph of Article 2 and the first paragraph of Article 3 of the basic Regulation shall apply to pallets which are identifiable.
2. The pallets or an equal number of pallets of the same type or of substantially equal value must be exported or re-exported from the customs territory of the Community. Where pallets are used jointly under an agreement, the temporary importation arrangements shall also be discharged when pallets of equivalent value to those covered by the temporary importation arrangements are placed, with a view to subsequent exportation, in a free zone or under one of the procedures referred to in Article 17 (1) of the basic Regulation.
Article 14
For the purposes of the first paragraph of Article 2 and the first paragraph of Article 3 of the basic Regulation, the user of the temporary importation arrangements shall:
(a) be represented in the customs territory of the Community and provide each Member State in which pallets are present with particulars allowing identification of his representative and that person's powers;
(b) at the request of the customs authority of the Member State in which pallets are present, provide information concerning the place and date of entry of the pallets into the customs territory of the Community, the place and date of their exit from that territory and the movement of the pallets within each Member State.
Article 15
Pallets placed under temporary importation arrangmeents may remain in the customs territory of the Community for a period of 12 months, which may be reduced at the request of the user.
However, where the user of the arrangements provides evidence that the pallets have not been in use for some time, such non-use shall be considered to be a circumstance justifying an extension of the time limit, in accordance with Article 14 of the basic Regulation.
Chapter II: Special provisions applicable to the temporary importation of other pallets
Article 16
1. To qualify for temporary importation arrangements for pallets other than those referred to in Article 13 (1) of this Regulation, the operator or his representative shall apply to the customs service of the Member State in which the pallets intended to be placed under the arrangements are brought into the customs territory of the Community.
2. Application shall be made in writing by any means acceptable to the customs authorities. Such application shall contain the following particulars:
(a) the name, business name and address of the operator or his representative;
(b) the obligation for which provision is made in Article 14 (b) of this Regulation;
(c) the number and description of the pallets.
3. The application may be of a general nature and cover a number of temporary importation operators.
Article 17
1. The customs service to which the application referred to in Article 16 is made shall decide thereon and shall, where appropriate, issue a temporary importation authorization, hereinafter referred to as 'the authorization'.
2. The authorization shall be signed by the competent customs service, which shall retain a copy thereof.
3. The authorization may be of a general nature and cover a number of temporary importation operations.
Article 18
Pallets placed under temporary importation arrangements may remain in the customs territory of the Community for a period of six months, which may be reduced at the request of the user.
The second paragraph of Article 15 shall apply mutatis mutandis to such pallets. TITLE VII: OTHER PROVISIONS
Article 19
1. To qualify for temporary importation arrangements the items referred to in Article 11 of the basic Regulation shall be subject to the formalities provided for in Article 3 of this Regulation, without prejudice to more extensive facilities provided for by agreements in force.
2. Spare parts imported together with or separately from the means of transport for which they are intended must be used solely to carry out minor repair and routine maintenance of those means of transport. The customs service may at any time verify the end-use of the spare parts imported under the arrangements.
3. New parts which are defective or damaged shall be assigned one of the treatments provided for in Article 17 (1) and (2) of the basic Regulation.
Article 20
For the purposes of Article 14 of the basic Regulation, 'circumstances' means any occurrence which makes it necessary for a means of transport to be used for an additional period in order to attain the objective of its temporary importation.
Article 21
For the purposes of Article 16 of the basic Regulation, the customs authority may withdraw a temporary importation authorization where, without prejudice to the derogations provided for by this Regulation and any more extensive facilities provided for by agreements in force, it finds inter alia:
- that means of road transport for business use have been used in internal traffic,
- that means of transport for private use have been used for business purposes,
- that means of transport have been hired, lent or made available subsequent to their importation or, if they were on hire, on loan or made available at the time of importation, have been re-hired or sub-hired or lent or made available to another person in the customs territory of the Community for any purpose other than immediate re-exportation.
Article 22
This Regulation shall enter into force on 1 January 1992.
It shall be applicable from 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 1991. | [
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COMMISSION REGULATION (EEC) No 1781/91 of 19 June 1991 amending Regulation (EEC) No 1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (1), and in particular Article 6 (3) thereof,
Whereas Commission Regulation (EEC) No 1014/90 (2) laid down initial detailed rules; whereas these need to be supplemented;
Whereas, in order to take account of long-established practices existing when Regulation (EEC) No 1576/89 entered into force, it should be permitted that certain composite names of liqueurs may be maintained even though the alcohol is not obtained or is not obtained exclusively from the spirit drink indicated; whereas it is essential to specify the conditions for the description of those liqueurs in order to avoid any risk of confusion with the spirit drinks defined in Article 1 (4) of Regulation (EEC) No 1576/89;
Whereas the measures provided for in this Regulation are situation in accordance with the opinion of the implementation Committee for Spirit Drinks,
HAS ADOPTED THIS REGULATION: Article 1
The following Article 7b is hereby inserted in Regulation (EEC) No 1014/90:
'Article 7b
1. Pursuant to Article 6 (1), second indent, of Regulation (EEC) No 1576/89, the use of a generic term in a compound term shall be prohibited in the presentation of a spirit drink unless the alcohol in that drink originates exclusively from the spirit drink cited.
2. However, in line with the situation at the time of entry into force of this Regulation only the following compound terms may be used in the presentation of liqueurs produced in the Community:
prune brandy,
orange brandy,
apricot brandy,
cherry brandy,
solbaerrom, also called blackcurrant rum.
3. As regards the labelling and presentation of the liqueurs indicated in paragraph 2, the compound term must appear on the labelling in one line in type of a single fount and colour and the word "liqueur" must appear in immediate proximity in characters no smaller than this fount.
If the alcohol does not come from the spinit dring indicated its origin must be shown on the labelling in the same visual field as the compound term and "liqueur" either by stating the type of agricultural alcohol or as by the words "agricultural alcohol" preceded on each occasion by "made from" or "made using".' 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, 19 June 1991. | [
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*****
COMMISSION DECISION
of 5 July 1982
establishing that the apparatus described as 'Aminco - Spectrofluorometer, model J 4-8970' may not be imported free of Common Customs Tariff duties
(82/481/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 29 December 1981, Belgium has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'Aminco - Spectrofluorometer, model J 4-8970', ordered 8 September 1978 and to be used for research in the field of the micro and submicro analysis of plant phenolic and related compounds and also for determining the activity of the N-feruloyglycine deferulase enzyme, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 14 May 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a spectrofluorometer; whereas its objective technical characteristics such as the resolution power of the spectrum and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus 'SFR 100' manufactured by Baird Atomic Ltd, East Street, UK-Braintree, Essex and to the apparatus 'JY 3 C' manufactured by Jobin Yvon, 16-18, rue du Canal, F-91163 Longjumeau Cédex,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Aminco - Spectrofluorometer, model J 4-8970', which is the subject of an application by Belgium of 29 December 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 5 July 1982. | [
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COUNCIL REGULATION (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security
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),
Acting in accordance with the procedure laid down in Article 189c of the Treaty (2),
Whereas now, as ever, food aid is an important aspect of the Community's development cooperation policy;
Whereas food aid must be integrated into the developing countries' policies for the improvement of their food security, in particular by the establishment of food strategies aimed at alleviating poverty and geared to achieving the ultimate goal of making food aid superfluous;
Whereas the Community and its Member States closely coordinate their development cooperation policies as regards food aid programmes and operations aimed specifically at enhancing food security; whereas the Community, with its Member States, is a party to certain international agreements in this domain, and in particular the Food Aid Convention;
Whereas regional, national and household food security, with the long-term aim of securing universal and constant access to a diet that will promote a healthy and active life, is an important element in the fight against poverty and whereas it is important for this to be emphasized in all programmes intended for developing countries;
Whereas food aid must not have any adverse effects on the normal production and commercial import structures of the recipient countries;
Whereas food aid and operations in support of food security are key features of Community development cooperation policy and must be taken into account as objectives in all Community policies likely to affect the developing countries, in particular from the point of view of economic reforms and structural adjustment;
Whereas, given the different responsibilities of men and women for the food security of households, systematic account should be taken of their different roles when drawing up programmes aimed at achieving food security;
Whereas women and communities should be involved to a greater extent in efforts to achieve food security at national, regional or local level and at the level of households;
Whereas food aid must be an effective instrument ensuring access to an adequate and appropriate diet and improving the availability and accessibility of foodstuffs to the public, consistent with local dietary habits and production and trading systems, particularly in food crises, and fully integrated into development policy;
Whereas the food-aid instrument is a key component of the Community's policy on preventing or helping in crisis situations in the developing countries and whereas account should be taken in its implementation of its possible social and political effects;
Whereas food-aid operations cannot be part of a viable solution unless they are integrated into development operations geared to relaunching local production and trade;
Whereas analysis, diagnosis, programming and monitoring need to be improved to make food aid more effective and avoid adverse effects on local production, distribution, transport and marketing capacities;
Whereas food aid should be made a real instrument of the Community's policy of cooperation with the developing countries, thereby enabling the Community to participate fully in multiannual development projects;
Whereas it is therefore necessary that the Community be able to provide a steady overall flow of aid and be in a position, in appropriate cases, to undertake to supply to the developing countries minimum amounts of products under specific multiannual programmes linked to development policies as well as to enter into undertakings in relation to international organizations;
Whereas the Community's support for the developing countries' efforts to achieve food security could be enhanced by greater flexibility in food aid, granting financial support for operations concerning food security, and in particular the development of farming and food crops, as an alternative to food aid in certain circumstances, while protecting the environment and the interests of small farmers and fishermen;
Whereas the Community can assist those in need in rural and urban areas in the developing countries by helping finance operations in support of food security through the purchase of food products, seed, agricultural implements and inputs, and relevant means of production, and through storage programmes, early-warning systems, mobilization, supervision and technical and financial assistance;
Whereas it is necessary to continue to support regional approaches to food security, including local purchasing operations in order to make use of the natural complementarity between countries belonging to the same region; whereas the policies conducted in the field of food security should be given a regional dimension in order to foster regional trade in foodstuffs and promote integration;
Whereas the purchase of foodstuffs at local level reduces inefficiency, costs and damage to the environment which might be caused by the transport of large quantities of foodstuffs in the world;
Whereas the genetic potential and bio-diversity of food production must be safeguarded;
Whereas Community food-aid policy must adjust to geopolitical change and the economic reforms under way in many recipient countries;
Whereas a list should be drawn up of the countries and bodies eligible for Community aid operations;
Whereas to that end provision should also be made for Community aid to be made available to international, regional and non-governmental organizations; whereas such organizations must satisfy a number of conditions guaranteeing the success of food-aid operations;
Whereas, in order to facilitate the application of certain of the measures envisaged and ensure that they mesh with the recipient country's food security policy, provision should be made for close cooperation between the Member States and the Commission within a Food Security and Food Aid Committee;
Whereas in determining the steps to be taken for the execution of food-aid operations the implementing procedures should be adjusted to the specific nature of each recipient area, although within the framework of a common policy and strategy;
Whereas, in order to ensure better management of food aid, aligning it more closely on the interests and needs of the recipient countries, and to improve the decision-making and implementing procedures, it is desirable to replace Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (3), Council Regulation (EEC) No 1755/84 of 19 June 1984 on the implementation in relation to food of alternative operations in place of food-aid deliveries (4), Council Regulation (EEC) No 2507/88 of 4 August 1988 on the implementation of storage programmes and early warning systems (5), Council Regulation (EEC) No 2508/88 of 4 August 1988 on the implementation of cofinancing operations for the purchase of food products or seeds by international bodies or non-governmental organizations (6) and Council Regulation (EEC) No 1420/87 of 21 May 1987 laying down procedures for the implementation of Regulation (EEC) No 3972/86 on food-aid policy and food-aid management (7),
HAS ADOPTED THIS REGULATION:
CHAPTER I
Objectives and general guidelines for food aid and operations in support of food security
Article 1
1. Under its policy of cooperation with developing countries and in order to respond appropriately to situations of food insecurity caused by serious food shortages or food crises the Community shall carry out food-aid operations and operations in support of food security in the developing countries.
Food-aid operations of a humanitarian nature shall be carried out in the framework of the rules on humanitarian aid and shall not fall within the scope of this Regulation. In the event of a serious crisis, all the instruments of the Community's aid policy shall be implemented in close coordination for the benefit of the population concerned.
2. Operations under this Regulation shall be appraised after analysis of the desirability and effectiveness of this instrument as compared with other means of intervention available under Community aid which could have an impact on food security and food aid, and in coordination with these means.
The Commission shall ensure that operations under this Regulation are appraised in close coordination with intervention by other donors.
3. The objectives of the food-aid operations and operations in support of food security referred to in paragraph 1 shall, in particular, be:
- to promote food security geared to alleviating poverty, to help the population of developing countries and regions, at household, local, national and regional levels,
- to raise the standard of nutrition of the recipient population and help it obtain a balanced diet,
- to take account of the concern to ensure the supply of drinking water to the population,
- to promote the availability and accessibility of foodstuffs to the public,
- to contribute towards the balanced economic and social development of the recipient countries in the rural and urban environment, by paying special attention to the respective roles of women and men in the household economy and in the social structure; the ultimate objective of Community aid operations shall be to make the recipients into agents of their own development,
- to support the efforts of the recipient countries to improve their own food production at regional, national, local and family level,
- to reduce their dependence on food aid,
- to encourage them to be independent in food, either by increasing production, or by enhancing and increasing purchasing power,
- to contribute to the initiatives to combat poverty with development as an objective.
4. The Community's aid shall be integrated as thoroughly as possible into the development policies, particularly those on agriculture and agri-foodstuffs, and the food strategies of the countries concerned. Community aid shall back up the recipient country's policies on poverty, nutrition, reproductive health care, environmental protection and rehabilitation, with special attention to the continuity of programmes, particularly in a post-emergency situation. Whether sold or distributed free of charge, aid must not be liable to disrupt the local market.
TITLE I
Food-aid operations
Article 2
1. The products supplied, along with an other operation in the framework of food aid, must reflect as closely as possible the dietary habits of the recipient population and shall not adversely affect the recipient country.
When products are selected, consideration shall be given to how to maximize the quantity of food with a view to reaching the maximum number of people, taking into account the quality of products in order to ensure adequate levels of nutrition.
When selecting the products to be supplied as Community aid and the procedures for the mobilization and distribution of that aid, particular account shall be taken of the social aspects of access to food in the recipient countries, and especially of the most vulnerable groups and the role of women in the household economy.
2. Food aid shall primarily be allocated on the basis of an objective evaluation of the real needs justifying such aid, as this is the only way to improve the food security of groups which do not have the means or possibility of plugging their food shortage themselves. To that end, consideration shall be given to the following criteria, without excluding other relevant considerations:
- food shortages,
- the food situation measures using human development and nutritional indicators,
- per capita income and the existence of particularly poor population groups,
- social indicators of the welfare of the population in question,
- the recipient country's balance-of-payments situation,
- the economic and social impact and financial cost of the proposed operation,
- the existence in the recipient country of a long-term policy on food security.
3. The granting of food aid shall, where necessary, be conditional on the implementation of short-term, multiannual development projects, sectoral operations or development programmes, and as a priority those which promote sustainable long-term food production and food security in the recipient countries within the framework of a food policy and strategy. Where appropriate, this aid may take the form of a direct contribution to the implementation of such projects, operations or programmes. Where Community aid is intended for sale, such complementarity must be ensured by the use of counterpart funds for purposes agreed by the Community and the recipient country or, where appropriate, the body or non-governmental organization which receives the aid. Where food aid is provided as backing for a development programme spread over a number of years, it may be supplied on a multiannual basis linked to the programme in question. Besides the allocation of basic foodstuffs, aid may be used for the supply of seed, fertilizer, tools, other inputs and commodities, the creation of reserves, technical and financial assistance and awareness and training schemes.
4. As a key component of food-security programmes food aid may be given to support efforts by the recipient countries to create buffer stocks paying special attention to individual farmers' stocks and national reserves, in tandem with the setting-up of regional reserves.
5. Counterpart funds shall be managed in a manner consistent with other Community aid instruments.
In the case of countries undergoing structural adjustment, and in line with the relevant resolutions of the Council, the counterpart funds generated by the various development assistance instruments constitute resources which must be managed as part of a single and consistent budgetary policy in the context of a programme of reforms.
In this context, the Community could move from targeting counterpart funds towards more general allocation, as soon as progress has been made in improving the effectiveness of the monitoring instruments, programming and budget implementation, and as regards internalization of reviews of public expenditure. Without prejudice to the foregoing, these funds shall be managed in accordance with general Community aid procedures for such funds and as a priority to support food-security policies and programmes.
TITLE II
Operations in support of food security
Article 3
Where circumstances warrant it, the Community may carry out operations in support of food security in developing countries suffering a food shortage.
Such operations may be implemented by the recipient countries, the Commission, international or regional organizations or non-governmental organizations.
The purpose of these operations shall be to support, using the resources available, the framing and execution of a food strategy or other measures fostering the food security of the population concerned and to encourage them to reduce their food dependency and their dependence on food aid, especially in the case of low-income countries with serious food shortages. The operations must help to improve the living standards of the poorest people in the countries concerned.
Operations in support of food security shall take the form of financial and technical assistance, in accordance with the criteria and procedures laid down in this Regulation. Such operations shall be planned and appraised in the light of their consistency with, and complementarity to, the objectives and operations financed by other Community development-aid instruments. They must be part of a multiannual plan.
Article 4
A developing country eligible for Community food aid operations under this Regulation may receive part or all of the food that has been - or may be - allocated to it in the form of operations in support of food security either directly or through international, regional or non-governmental organizations, with particular account being taken of trends in production, consumption and reserves in that country, the food situation of its inhabitants and the food aid granted by other donors.
Article 5
Operations in support of food security shall take the form of technical and financial assistance aimed, in accordance with the objectives laid down in Article 1, at improving sustainable and long-term food security by helping finance, inter alia:
- the supply of seed, tools and inputs essential to the production of food crops,
- rural credit support schemes targeted particularly at women,
- schemes to supply the population with drinking water,
- storage schemes at the appropriate level,
- operations concerning the marketing, transport, distribution or processing of agricultural and food products,
- measures in support of the private sector for commercial development at national, regional and international level,
- applied research and field training,
- projects to develop the production of food crops while respecting the environment,
- flanking, awareness, technical assistance and field training operations, in particular for women and producers' organizations and agricultural workers,
- support measures for women and producers' organizations,
- projects to produce fertilizer from raw materials and basic materials found in the recipient countries,
- schemes to support local food-aid structures, including training schemes on the ground.
TITLE III
Early-warning systems and storage programmes
Article 6
The Community may support existing national early-warning systems and help to strengthen existing international early-warning systems concerning the food situation in developing countries and, in exceptional and duly substantiated cases, it may operate such systems, in accordance with the procedure laid down in Article 27. It may also cover the cost of implementing storage programmes in these countries in support of food-aid operations under this Regulation or comparable measures undertaken by the Member States, international or regional organizations or non-governmental organizations.
Such operations should be consistent with other Community development aid instruments, including the use of counterpart funds generated by the sale of food aid, and be compatible with Community development policy.
These operations are intended to strengthen the food security of the recipient countries. They must help improve the living conditions of the poorest sections of the population in the countries concerned and conform with their development objectives, in particular the policy on food crops.
Community participation in such operations shall take the form of financial and/or technical assistance, in accordance with the criteria and procedures laid down in this Regulation.
Operations supported by Community aid shall be appraised in the light of and in a manner consistent with existing programmes managed by specialist international organizations.
Article 7
Community support for storage programmes and early-warning systems may be granted, upon request, to international or regional organizations or non-governmental organizations for operations to help developing countries eligible for food aid from the Community and its Member States.
Article 8
Community aid may help finance the following measures:
- early-warning systems and systems for gathering data on trends in harvests, stocks and markets, the food situation of households and the vulnerability of the population with a view to improving understanding of the food situation in the countries concerned,
- operations aimed at improving storage systems with a view to reducing waste or ensuring sufficient storage capacity for emergencies. Such operations may also include the establishment of the infrastructure, in particular bagging, unloading, disinfection, treatment and storage facilities, needed to handle food products in these countries in support of food-aid operations or operations in support of food security,
- preparatory studies and training schemes in connection with the above activities.
CHAPTER II
Implementing procedures for food aid and storage and early-warning operations in support of food security
Article 9
1. The countries and organizations eligible for Community aid for operations under this Regulation are listed in the Annex. In this connection, priority shall be given to the poorest sections of the population and to low-income countries with serious food shortages.
The Council, acting by a qualified majority on a proposal from the Commission, may amend that list.
2. Non-profit-making non-governmental organizations (NGOs) eligible for direct or indirect Community financing for the implementation of operations under this Regulation must meet the following criteria:
(a) if they are European non-governmental organizations, they must be autonomous organizations in a Member State of the European Community under the laws in force in that Member State;
(b) they must have their headquarters in a Member State of the Community, the recipient countries or, exceptionally, in the case of international NGOs, a third country. This headquarters must be the effective decision-making centre for all co-financed operations;
(c) show that they can successfully carry out food-aid operations; in particular through:
- their administrative and financial management capacity,
- their technical and logistical capacity to handle the proposed operation,
- the results of operations implemented by the relevant NGOs carried out with Community finance or finance from the Member States,
- their experience in the field of food aid and food security,
- their presence in the recipient country and their knowledge of that country or of developing countries;
(d) undertake to comply with the conditions laid down by the Commission for the allocation of food aid.
Article 10
1. The Community may help finance operations in support of food security of the kind described in Titles I, II and III (Chapters I and II) executed by the recipient country, the Commission, international or regional organizations or non-governmental organizations.
2. Cofinancing operations may be carried out at the request of recipient countries, international or regional organizations or non-governmental organizations, where such operations seem the most appropriate way of enhancing the food security of groups without the ways and means to cope with a food shortage themselves.
3. In the design of the Community operations defined in Titles I, II and III, the Commission will give particular attention to:
- the pursuit of sustainable impact and economic viability in project design,
- the clear definition and monitoring of objectives and indicators of achievement.
Article 11
1. Products shall be mobilized on the Community market, in the recipient country or in one of the developing countries (listed in the Annex) if possible one belonging to the same geographical region as the recipient country.
2. Exceptionally, products may be mobilized on the market of a country other than those provided for in paragraph 1 of this Article in accordance with the procedure laid down in Article 27:
- if the requisite type or quality of product is unavailable on the market of the Community or any of the developing countries,
- if there is a serious food shortage, where such purchases are likely to increase the effectiveness of the operation.
3. Food products available on the internal market may be mobilized on the market of a developing country, if the economic efficiency of doing so compares favourably with that of mobilizing products on the European market.
4. Where food is purchased in the recipient country or in a developing country, steps must be taken to ensure that such purchases threaten neither to disrupt the market of the country concerned or of any other developing countries in the same region nor to affect adversely the supply of food to their inhabitants. Such purchases shall be integrated as thoroughly as possible into the implementation of Community development policy towards these countries, particularly with regard to the promotion of food security in the country concerned or at regional level.
Article 12
Where a recipient country has partially or totally liberalized food imports, the mobilization of Community aid must be consistent with that country's policy and not distort the market.
In such cases, the Community contribution may take the form of a foreign-currency facility to be made available to private-sector operators in the country concerned, subject to the operation being part of a social and economic policy and an agricultural policy aimed at alleviating poverty (including the strategy on the importation of basic foodstuffs). The recipients shall be required to prove that they have made proper use of the means put at their disposal. Priority shall go to small and medium-sized private operators in order to ensure that operations are complementary. To the extent that its powers to carry out operations so allow, the Commission may adopt positive discrimination measures for small and medium-sized private operators.
Such aid shall be governed by the principles laid down in Article 11.
Article 13
1. The Community may cover costs relating to the transport of food aid.
2. Where the Commission considers that the Community should cover costs relating to the inland transport of food aid, it shall take account of the following general criteria:
- a serious food shortage,
- the delivery of food aid to low-income countries suffering from serious food shortages,
- whether the food aid is destined for the international or regional organizations or non-governmental organizations referred to in Article 10,
- the need to increase the efficiency of the food-aid operation in question.
3. Where food aid is sold in the recipient country, the Community should cover inland transport costs only in exceptional circumstances.
4. The Community may also cover the air transport costs of food-aid operations in exceptional circumstances.
Article 14
The Community may cover final distribution costs where the smooth execution of the food-aid operations concerned requires it.
Article 15
Community aid shall take the form of grants. Aid may cover the external and local costs of implementing operations, including maintenance and operating costs.
Operations under this Regulation shall be exempt from taxes, duties and customs charges.
Any counterpart funds shall be used in accordance with the objectives laid down in this Regulation and managed in agreement with the Commission. The competent authority of the recipient country shall keep accounts on the collection and use of the funds and shall be obliged to render accounts.
Article 16
The Community contribution may also cover flanking activities necessary to make the operations under this Regulation more efficient and, in particular, supervision, monitoring and inspection, distribution and field training.
Article 17
Participation in invitations to tender and other procedures for the award of public contracts shall be open on equal terms to all natural and legal persons in the European Union and the recipient countries. It may be extended by the Commission to operations under Article 11 (2) to include natural and legal persons in the countries where the aid is mobilized.
When implementing this Regulation, the Commission shall guarantee the openness of the operations in question by publicizing them properly. The Commission shall ensure that operations by intermediary organizations are also publicized properly.
Article 18
The Commission may authorize a representative to conclude cofinancing agreements in its name.
Article 19
1. The Commission shall lay down the allocation, mobilizing and implementation conditions for aid under this Regulation.
2. Aid shall not be implemented unless the recipient country, international or regional organization or non-governmental organization complies with these conditions.
Article 20
The Commission shall take all measures necessary for the proper implementation of food-aid programmes and operations, and operations in support of food security.
To that end, the Member States and the Commission shall afford each other all necessary assistance and exchange all relevant information.
CHAPTER III
Procedure for implementing food-aid operations and early-warning and storage operations in support of food security
Article 21
1. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall determine the Community share of the overall amount of cereals aid laid down in the Food Aid Convention as the total contribution of both the Community and its Member States.
2. The Commission shall coordinate the operations of the Community and the Member States as regards the supply of cereals aid under the Food Aid Convention and shall ensure that the total contribution by the Community and its Member States is at least as high as the quantities provided for in the said Convention.
Article 22
The Commission, acting in accordance with the procedure laid down in Article 27, and taking account of the general policy guidelines for food aid shall:
- adopt the list of products which may be mobilized as aid,
- lay down rules for mobilization, monitoring and evaluation,
- determine each recipient's share of the products, in terms of quantity and cost,
- where necessary, adjust allocations during the implementation of programmes.
Article 23
Decisions:
- granting food aid or providing for an operation in support of food security and laying down the conditions for the latter,
- granting a contribution to international or regional organizations or non-governmental organizations for the financing of operations in support of food security,
- granting aid for a storage programme or early-warning system;
shall be adopted by the Commission in accordance with the procedure laid down in Article 27, in compliance with the limits set in Article 25.
Article 24
1. In accordance with the Council decisions referred to in Article 21 and the decisions taken under Article 22, the Commission shall decide on:
(a) emergency or serious food shortage operations, where famine or an imminent danger thereof seriously threatens the lives or health of people in a country without the ways and means to cope itself with a food shortage. The Commission shall act after consulting the Member States by the most appropriate means. Three working days shall be allowed to the Member States in which to put forward any objections. If there are any objections, the Committee referred to in Article 26 shall examine the question at its next meeting;
(b) the conditions governing the supply and implementation of aid, in particular:
- the general conditions applicable to recipients,
- initiation of the procedures governing mobilization, supply of products and implementation of other measures, and conclusion of the relevant contracts.
2. For the purposes of paragraph 1 (a), the Commission shall be entitled to take all necessary measures to speed up the supply of food aid.
The volume of aid granted in a given case shall be limited to the quantities needed by the population affected to cope with the situation for a period not normally exceeding six months.
The Commission shall ensure that priority is given at all stages to the mobilization of food aid for the operations provided for in paragraph 1 (a) and (b).
Article 25
Decisions regarding operations the financing for which under this Regulation exceeds ECU 2 million shall be taken in accordance with the procedure laid down in Article 27.
Article 26
1. The Commission shall be assisted by a Food Security and Food Aid Committee, hereinafter referred to as 'the Committee`, composed of representatives of the Member States and chaired by a representative of the Commission.
2. The Committee shall examine the long-term implications of any proposal to commit funds for food security at household, local, national and regional level in the recipient countries, bearing in mind the principles laid down in Article 1. It shall also analyze and monitor food-security policies which are in receipt of Community aid and examine proposals for joint initiatives.
3. The Committee shall draw up its own rules of procedure.
Article 27
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 in question. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
The Commission shall adopt measures which apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission shall defer application of the measures which it has adopted for a period of two months from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.
Article 28
1. In order to guarantee the principle of complementarity referred to in the Treaty and enhance the effectiveness and consistency of the Community and national food-aid provisions and operations in support of food security, the Commission shall seek to ensure that its own activities are as closely coordinated as possible with those of the Member States and with other policies of the European Union, both at decision-making level and on the ground, and may take any appropriate initiative in pursuit of this end.
To that end, Member States shall notify the Commission of their national food-aid operations and of their food security programmes. The Commission, acting in accordance with the procedure laid down in Article 27, shall stipulate how notification of national operations is to be effected.
2. The Commission shall ensure that operations implemented by the Community are coordinated with those of international organizations and bodies, in particular those which form part of the United Nations system.
3. The Commission shall seek to develop collaboration and cooperation between the Community and third-country donors in the field of food security.
4. Coordination and cooperation between the Community and the Member States, and between the latter and international organizations and third-country donors shall be the subject of a regular exchange of information within the Committee.
Article 29
The Committee may examine any other matter concerning food aid and the other operations under this Regulation raised by its Chairman, either on the latter's own initiative or at the request of a representative of a Member State.
The Commission shall inform the Committee, within one month of taking its decision, of the food-aid or food-security operations and projects it has approved, indicating their amount and nature, the recipient country and the partner entrusted with implementation.
The Commission shall notify the Committee of the general guidelines for products mobilized as Community food aid.
Article 30
The Commission shall undertake regular evaluations of significant food-aid operations to establish whether the objectives laid down in the appraisal of those operations have been achieved and to provide guidelines for improving the effectiveness of future operations. It shall inform the Committee periodically on the evaluation programmes.
Member States and the Commission shall notify each other as soon as possible of the results of evaluation work and of analyses or studies that would improve aid efficiency. The work will be analyzed in the Committee. Member States and the Commission shall endeavour to carry out joint evaluation exercises.
The Commission shall draw up procedures for the dissemination and internal and external communication of the conclusions of evaluation exercises to the departments and organizations concerned.
Article 31
At the close of each financial year, the Commission shall submit an annual report on the implementation of this Regulation to the European Parliament and the Council. The report shall set out the results of execution of the budget as regards commitments and payments and projects and programmes financed during the year. As far as possible, the report shall contain information on the funds committed nationally during the same financial year. As far as possible, it shall contain the most important statistical data (by recipient country, nationality, etc.) on contracts awarded for the implementation of projects and programmes.
The report shall also contain a breakdown of expenditure assigned to each type of operation as provided for in Articles 2, 5 and 8.
Lastly, the report shall contain information on operations undertaken with the counterpart funds generated by food aid.
Article 32
Regulations (EEC) No 3972/86, (EEC) No 1755/84, (EEC) No 2507/88, (EEC) No 2508/88 and (EEC) No 1420/87 shall be repealed.
As a transitional measure and until the new mobilization Regulation is adopted by the Commission, Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (8) shall continue to apply.
Three years after the entry into force of this Regulation, the Commission shall submit to the European Parliament and to the Council an overall evaluation of the operations financed by the Community under this Regulation, accompanied by suggestions for the future of the Regulation and, if necessary, by proposals for amendments to it.
Article 33
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, 27 June 1996. | [
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COMMISSION DECISION of 11 March 1991 on the establishment of the Community support framework for Community structural assistance on the improvement of the conditions under which fishery and aquaculture products are processed and marketed in France (with the exception of Corsica and overseas departments) (Only the French text is authentic) (91/202/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4042/89 of 19 December 1989 on the improvement of the conditions under which fishery and aquaculture products are processed and marketed (1), and in particular Article 5 (2) thereof,
After consultation of the Standing Committee on the Fishing Industry,
Whereas the French Government submitted to the Commission on 17 July 1990 the sectoral plan on the modernization of the conditions under which fishery and aquaculture products are processed and marketed, referred to in Article 2 of Regulation (EEC) No 4042/89;
Whereas the plan submitted by the Member State includes descriptions of the main priorities selected and indication of the use to be made of assistance under the European Agricultural Guidance and Guarantee Fund (EAGGF), Guidance Section in implementing the plan;
Whereas this Community support framework has been established in agreement with the Member State concerned through the partnership defined in Article 4 of 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 (2);
Whereas the European Investment Bank has also been involved in the preparation of the Community support framework in accordance with Article 8 of Council Regulation (EEC) No 4253/88 (3) laying down provisions for implementing Regulation (EEC) No 2052/88; whereas it has declared its readiness to help implement this framework on the basis of the estimated loan arrangements indicated in this Decision and in accordance with the provisions of its Statute;
Whereas the Commission is prepared to examine the possibility of the other Community lending instruments contributing to the financing of this framework in accordance with the specific provisions governing them;
Whereas in accordance with Article 10 (2) of Regulation (EEC) No 4253/88, this Decision is to be sent as a declaration of intent to the Member State;
Whereas in accordance with Article 20 (1) and (2) of Regulation (EEC) No 4253/88 budgetary commitments relating to the contribution from the Structural Funds to the financing of the operations covered by the Community support framework will be made on the basis of subsequent Commission Decisions approving the operations concerned,
HAS ADOPTED THIS DECISION: Article 1 The Community support framework for Community structural assistance on the improvement of the conditions under which fishery and aquaculture products are processed and marketed in France (with the exception of Corsica and overseas depatments), covering the period 1 January 1991 to 31 December 1993, is hereby approved.
The Commission declares that it intends to contribute to the implementation of this Community support framework in accordance with the detailed provisions thereof and in compliance with the rules and guidelines of the Structural Funds and the other existing financial instruments. Article 2 The Community support framework contains the following essential information:
(a) a statement of the main priorities for joint action:
1. processing of fishery and aquaculture products;
2. marketing of fishery and aquaculture products;
(b)
an indicative financing plan specifying, at constant 1991 prices, the total cost of the priorities adopted for joint action by the Community and the Member State concerned together with the existing national initiatives (integrated Mediterranean programmes), ECU 144,131 million for the whole period, and the financial arrangements envisaged for budgetary assistance from the Community, broken down as follows:
(million ECU)
(a)
1. Processing of fishery and aquaculture
products
8,120
2. Marketing of fishery and aquaculture
products
8,806
3. Existing national initiatives
3,530
The resultant national financing requirement, approximately ECU 13,376 million for the public sector and
ECU 110,299 million for the private sector, may be partially
covered by Community loans from the European Investment Bank and the other loan instruments. Article 3 This declaration of intent is addressed to the French Republic.
Done at Brussels, 11 March 1991. | [
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COUNCIL DECISION
of 25 February 2008
on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
(2008/628/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the third sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 6(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Kyrgyz Republic a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.
(2)
Subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the European Communities and their Member States.
(3)
The Protocol should be applied on a provisional basis from 1 January 2007, pending completion of the relevant procedures for its formal conclusion,
HAS DECIDED AS FOLLOWS:
Article 1
The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Communities and their Member States, the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to possible conclusion at a later stage.
The text of the Protocol is attached to this Decision (1).
Article 2
Pending its entry into force, the Protocol shall be applied on a provisional basis from 1 January 2007.
Done at Brussels, 25 February 2008. | [
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Council Decision
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
(2003/917/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of Article 300(2), thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Article 11 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part(1) (Association Agreement) in force since 1 June 2000, states that the Community and Israel shall progressively establish a greater liberalisation of their trade in agricultural products of interest to both Parties. It provides that, from 1 January 2000, the Community and Israel are to examine the situation in order to determine the measures to be applied by the Community and Israel from 1 January 2001, in accordance with this objective.
(2) The Commission has, on behalf of the Community, negotiated an Agreement in the form of an Exchange of Letters with a view to replacing Protocols 1 and 2 to the Association Agreement.
(3) The Agreement, initialled on 4 July 2003, should be approved.
(4) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2),
HAS DECIDED AS FOLLOWS:
Article 1
The 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 Association Agreement between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The Commission shall adopt the necessary implementation measures for Protocols 1 and 2 in accordance with the procedure laid down in Article 3.
Article 3
1. The Commission shall be assisted by the Management Committee for Sugar (hereinafter referred to as the Committee) established by Article 42 of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(3) or, where appropriate, by the committees established by the corresponding provisions of other regulations on the common organisation of markets or by the Customs Code Committee established by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(4).
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 4
The President of the Council is hereby authorised to designate the person empowered to sign the Agreement so as to bind the Community.
Article 5
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 22 December 2003. | [
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COMMISSION DECISION
of 1 February 2010
on the clearance of the accounts of certain paying agencies in Greece, Portugal and Finland concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for the 2007 financial year
(notified under document C(2010) 425)
(Only the Finnish, Greek, Portuguese and Swedish texts are authentic)
(2010/58/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Articles 30 and 33 thereof,
After consulting the Fund Committee,
Whereas:
(1)
Commission Decision 2008/397/EC (2) and Commission Decision 2009/86/EC (3) cleared, for the 2007 financial year, the accounts of all the paying agencies except for the Greek paying agency ‘OPEKEPE’, the Portuguese paying agency ‘IFAP’ and the Finnish paying agency ‘MAVI’.
(2)
Following the transmission of new information and after additional checks, the Commission can now take a decision concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) on the integrality, accuracy and veracity of the accounts submitted by the Greek paying agency ‘OPEKEPE’, the Portuguese paying agency ‘IFAP’ and the Finnish paying agency ‘MAVI’.
(3)
In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,
HAS ADOPTED THIS DECISION:
Article 1
The accounts of the Greek paying agency ‘OPEKEPE’, the Portuguese paying agency ‘IFAP’ and the Finnish paying agency ‘MAVI’ concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD), in respect of the 2007 financial year, are hereby cleared.
The amounts which are recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, including those resulting from the application of Article 33(8) of Regulation (EC) No 1290/2005, are set out in Annex.
Article 2
This Decision is addressed to the Hellenic Republic, the Portuguese Republic and the Republic of Finland.
Done at Brussels, 1 February 2010. | [
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*****
COMMISSION DECISION
of 9 February 1990
amending Decision 88/148/EEC on the multiannual guidance programme for the fishing fleet (1987 to 1991) forwarded by Greece pursuant to Regulation (EEC) No 4028/86
(Only the Greek text is authentic)
(90/106/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector (1), and in particular Articles 4 and 5 (2) thereof,
Whereas the outcome of the meetings held with the Greek authorities on the progress of the multiannual guidance programme as defined by Commission Decision 88/148/EEC (2) have been taken into account;
Whereas on the entry into service of new fishing vessels it became apparent that a net increase in fishing capacity as expressed in tonnage (GRT) and power (kW) had taken place in 1987 and in the first six months of 1988;
Whereas the process of fleet adjustment which has now been started and the implementation by Greece of measures for the effective control of fishing fleet capacity will require some time;
Whereas the Commission intends to support Greece's efforts to restructure its fleet when the administrative or legislative measures taken show results which confirm that structural change is taken place as planned and leading to the achievement of the objectives set by Decision 88/148/EEC by 31 December 1991 at the latest;
Whereas, to deal with derogations from the principle that Stade aid in the fisheries sector is incompatible with the common market, the Commission has adopted guidelines for the examination of national aid in the fisheries sector (3);
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Fishing Industry,
HAS ADOPTED THIS DECISION:
Article 1
Decision 88/148/EEC is amended as follows:
1. Article 3, second paragraph is replaced by the following:
'The Commission shall on the basis of its assessment of the information provided on a regular basis as specified in Article 2 or where this information is not supplied, inform the Member State, if necessary, at the end of one six month period that it has been found that the conditions to which approval of the programme was made subject have not been fulfilled.'
2. The Annex is replaced by the Annex hereto.
Article 2
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 9 February 1990. | [
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Commission Regulation (EC) No 1684/2002
of 25 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 26 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 September 2002. | [
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COMMISSION DECISION of 16 December 1985 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/30.665 - Villeroy & Boch) (Only the French and German texts are authentic) (85/616/EEC)
THE COMMISSION OF THE EUROPEANCOMMUNITIES, Having regard to the European Economic Community, and in particular Article 85 thereof, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Greece, and in particular Article 2 thereof, Having regard to the application made on 25 May 1982 by Villeroy & Boch KG, Mettlach, Germany, and Villeroy & Boch Sarl, Luxembourg, for negative clearance of a network of standard form agreements for the distribution of ceramic tableware and ornaments, Having regard to the summary of the application published (2) in accordance with Article 19 (3) of Regulation No 17, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, I. THE FACTS A. The undertakings 1.Villeroy & Boch KG of Mettlach, Germany, and Villeroy & Boch Sarl of Luxembourg, belong to the group of the same name, which is a major producer of ceramics (sanitary and fine ceramics). The Villeroy & Boch group has a consolidated annual turnover of . . . (3), all operations combined, of which . . . in respect of fine cera- mics (ceramic tableware and ornaments), which Villeroy & Boch markets in the Member States of the EEC and EFTA by means of a distribution network. B. The product and the market 2.Villeroy & Boch is a large European producer of ceramic tableware and ornaments. Its production is sold mainly in Germany, the Benelux countries and France. The Villeroy & Boch network distributes 61 dinner services, of which the most reputed, numbering 21, are covered by a 15-year availability guarantee.Villeroy & Boch's market share does not attain 10 % in any of the Community Member States, and is below 5 % in several. 3.The market in ceramic tableware and ornaments is a fragmented market in which competition is very strong. On the German market alone, numerous producers are active, of which the three leading ones together account for a third of the sales, the others sharing the remainder of the market on the basis of shares equal to or less than 5 %. 4.Since goods of high quality and limited bulk are involved, imports play an important role and can account for up to a third of annual sales on certain national markets. Each producer is thus exposed to competition from manufacturers established both in other Member States and in non-Community countries, some producers exporting more than a third of their output. C. The network of notified agreements 5.Villeroy & Boch markets its ceramic tableware and ornaments in the common market via a network of some 3 500 specialist retailers who are supplied, depending on the country, either directly by Villeroy & Boch, or through the agency of importers or wholesalers, or both. In addition to this network, there are two specialist distribution channels: the supplying of hotels and restaurants and the distribution of publicity aids. 6.The distribution network which Villeroy & Boch has notified with a view to obtaining negative clearance or, failing that, exemption thus comprises several different standard form agreements of indefinite duration which may be terminated by either party on six months' notice. These standard form agreements are concluded by Villeroy & Boch with:- specialist retailers (Facheinzelhaendler), their wholesalers and central purchasing agencies,- suppliers specializing in supplying hotels and restaurants,- distributors of advertising gifts (Werbemittelunternehmen), who are authorized to supply only certain trade customers with a view to subsequent disposal to third parties for promotion purposes. 1. Features common to the notified agreements(a) No resale price maintenance 7.The notified standard form agreements contain no provisions on the fixing of resale prices: all Villeroy & Boch resellers are free to set their own prices. Villeroy & Boch operates a system of recommended prices in some Member States of the Community. (b)Freedom of cross-supplies between Villeroy & Boch resellers 8.Any Villeroy & Boch reseller may resell the contract goods to other Villeroy & Boch resellers in the same distribution channel. For example, authorized specialist retailers may supply contract goods to any other authorized specialist retailer. (c)Freedom of export 9.Any Villeroy & Boch reseller may also perform the transactions referred to at (b) from a Member State of the EEC or EFTA to another Member State. (d)No non-competition clause10.Villeroy & Boch resellers may buy and sell similar goods from competing producers. 2.Specific provisions of the agreements between Villeroy & Boch and specialist retailers (EEC dealership agreement)11.Villeroy & Boch has concluded selective distribution agreements with some 3 500 specialist retailers established in the various Member States, who are supplied, depending on the country concerned, by way of direct deliveries from Villeroy & Boch and/or through the agency of importers or wholesalers. The main terms of the agreements are as follows: (a)Goods excluded from the channel12.Publicity aids and goods intended for hotels and restaurants, which are covered by two specialist distribution channels, are excluded by Villeroy & Boch. These articles are clearly differenciated from dinner sets intended for private consumers. (b)Closed distribution network (dealership agreement)13.Specialist retailers may supply only private customers or other specialist retailers authorized by Villeroy & Boch, irrespective of the user's Member State of establishment. (c)Selection criteria14.Only retailers authorized by Villeroy & Boch are admitted to the distribution network in accordance with the selection criteria outlined below. In response to certain observations made by the Commission, Villeroy & Boch has made some of its criteria more flexible. These can now be summed up as follows:- The retailing of tableware, principally articles of high quality in a shop easily accessible to the public, specializing in such goods or having a specialist department.The admission criteria relative to the specialization of the retail shop is deemed to be fulfilled where the retailer predominantly sells the range of any large tableware producer.The standard agreement originally stipulated that the sales outlet should not be isolated from other shops and should be as centrally situated as possible. Villroy & Boch has relaxed this requirement along the above lines in response to observations made by the Commission's departments,-The retailer must display a sufficiently wide and varied range of Villeroy & Boch products and other products of comparable quality capable of satisfying the demands of discriminating consumers. The extent and variety of the range depend on the size and location of the sales outlet,-Displaying of Villeroy & Boch goods in an attractive manner, setting them apart visually from other makes. Villeroy & Boch articles must not be surrounded by products likely to detract from their appearance,-Obligation to keep sufficient stocks of Villeroy & Boch sets to be able to satisfy normal demand, -A technically trained and professional staff,-Checking of goods before selling them to the public,-Usual after-sales service (replacement of articles and provision of advice to customers wishing to supplement a service),-Obligation to promote Villeroy & Boch products via publicity, advertising and other customary means. 3.Agreements between Villeroy & Boch and the wholesale trade15.Villeroy & Boch has concluded two types of distribution agreement with the wholesale trade (wholesalers and central purchasing agencies). The feature they have in common is that they restrict the resale of goods by the wholesale trade to resellers authorized by Villeroy & Boch. The wholesale trade is therefore prohibited from reselling either to unauthorized retailers or to private customers. 4.Agreements between Villeroy & Boch and suppliers of goods to hotels and restaurants16.Villeroy & Boch delivers goods to suppliers specializing in this specific branch of the tableware trade only for resale to hotels and restaurants. It reserves the right to supply such trade customers direct. 5.Agreements between Villeroy & Boch and firms which distribute advertising gifts17.Villeroy & Boch delivers goods to certain firms specializing in the distribution of advertising gifts exclusively for resale to trade customers, who subsequently pass them on to third parties as promotional giftware. 18.The Commission has received no observations from interested third parties following publication of the notice required by Article 19 (3) of Regulation No 17. II. LEGAL ASSESSMENT 19.Article 85 (1) of the EEC Treaty prohibits as incompatible with the common market all agreements between undertakings which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market. 20.The notified standard form agreements governing relations between Villeroy & Boch and its various resellers lay down the details of cooperation between legally independent undertakings and are agreements between undertakings within the meaning of the abovementioned provision. 21.The relevant product market in which the notified distribution network operates is that of ceramic tableware and ornaments (fine ceramics). The various types of ceramic tableware (earthenware and porcelain dinner services) are to be considered as similar having regard to their properties, their use and their price, which do not differ significantly. Ceramic ornaments may in this case be included in the same market inasmuch as they are accessory to dinner services, and made of the same material. 22.Although selective distribution agreements necessarily affect competition in the common market (judgment of the Court of Justice in Case 107/82, AEG-Telefunken [1983] ECR 3151, ground 33), some products or services, which are not simple products or services, possess certain characteristics which prevent them from being sold properly to the public without the intervention of specialist distributors. To this extent, selective distribution systems constitute an aspect of competition which accords with Article 85 (1) provided that resellers are chosen on the basis of objective qualitative criteria commensurate with the requirements of the distribution of the products concerned and that such conditions are laid down uniformly for all potential resellers and are not applied in a discriminatory fashion (Court of Justice, Case 31/80, L'Oréal [1980] ECR 3775, grounds 15 and 16). 23.To that extent, the notified distribution agree- ments cannot be considered to restrict competition if it is established that the selection of resellers is based on criteria necessarily conditioned by the specific nature of the contract goods. 24.Inded, since Villeroy & Boch has made some of the clauses of the selective distribution agreements with its specialized retailers more flexible, inter alia by deleting, at the Commission's request, the clause concerning the central location of retail outlets, which was likely to exclude from the network distribution channels capable of satisfying the producer's qualitative requirements without actually being situated in the centre of areas of consumption, it now makes admission to its network of specialist retailers subject only to general technical and professional conditions regarding retail outlets, which are objectively reasonable and suited to ensuring the sale of its products under favourable conditions. 25.The sale under appropriate conditions (cf. Court of Justice, Case 26/76, Metro [1977] ECR 1875, ground 37) of quality ceramic tableware requires first of all that they be displayed and sold through shops in the trade or having a specialized department, specifically equipped for the sale of these articles and having a trained staff.To the extent that the Villeroy & Boch distribution system is open to outlets having a specialized department, it is not, as a matter of principle, liable to exclude certain modern forms of distribution. 26.The relevant products are durable consumer goods of a composite nature - each dinner service includes a wide variety of different pieces - whose sale is not exhausted in one simple transaction but is on the contrary repetitive, as broken items are replaced or additional items are acquired. Consequently, the long life of the products concerned justifies the legitimate interest of the producer in entrusting their sale only to retailers who are prepared to undertake after-sales service so as to ensure continuity of supply to the customer. 27.The displaying of Villeroy & Boch goods in an attractive manner and their separation both from other makes and from types of product which might harm Villeroy & Boch's brand image are designed simply to improve the appearance of, and assist in identifying, Villeroy & Boch products and avoid any confusion with similar makes and any equating of Villeroy & Boch products with inferior products capable of detracting from a product line on which Villeroy & Boch wishes on the contrary to confer a certain prestige. This obligation in no way prevents Villeroy & Boch specialist retailers from selling competing products. 28.The principle that the producer should himself verify the qualifications of specialized retailers admitted to the network is necessary to ensure that the selective distribution system is uniform and remains closed. Inasmuch as it is accessory to the main obligation of specialization incumbent on the retailer, and contributes to ensuring compliance with that obligation, the principle that the producer should himself control the access of specialized retailers to the network does not go beyond what is necessary to maintain the network. 29.As regards specifically the obligation to display a sufficiently wide and varied range of Villeroy & Boch products and the correlative duty to keep adequate stocks, these cannot appreciably restrict competition within the meaning of Article 85 (1), since the very competitive structure of supply on the relevant market, the absence of any sales target obligation imposed by Villeroy & Boch on its specialist retailers as well as the absence of any non-competition clause, this being not only inherent in the system but also desired by Villeroy & Boch itself, ensure that Villeroy & Boch specialist retailers may conduct their sales policy independently and that other producers have unimpeded access to these retailers:-none of the numerous producers operating on the market holds a market share over 15 % and none is therefore in a position to make its retailers dependent on its products. With a market share of less than 10 % in all Member States, Villeroy & Boch does not enjoy a position of strength with regard to its competitors in view of its modest market share in the Community or with regard to its retailers, such that it is able, through the abovementioned clauses, to limit their freedom to concentrate their activity on the brands which are for them the most profitable. Moreover, selective distribution networks similar to that of Villeroy & Boch are not widespread, so that distribution of ceramic tableware does not incur the risk of becoming dependent on rigid distribution structures in which each producer would try to reserve the activity of his retailers to its exclusive benefit,-far from tending to the exclusive presentation of Villeroy & Boch articles, the Villeroy & Boch selective distribution system is on the contrary based on the joint selling of competing reputed brands, against which Villeroy & Boch wishes to measure the prestige of its reputation. The notified system aims so little at being exclusive that every specialist retailer is deemed to fulfil the admission criteria relative to the specialization of the retail outlet by the mere fact that he predominantly sells the range of products of any large tableware producer,-therefore Villeroy & Boch specialist retailers are by no means prevented from also selling competing goods when they see an interest in doing so. This is all the more likely since Villeroy & Boch specialist retailers are not under any duty either to achieve any fixed turnover in Villeroy & Boch's articles or to order predetermined quantities of such articles at regular intervals. 30.Thus, even if the obligation to promote sales of Villeroy & Boch goods cannot strictly be regarded as qualitative selection criteria compatible with Article 85 (1), they are not to be considered in this case as giving rise to any appreciable restriction of competition. The general requirement of a commitment (Einsatz) to the make Villeroy & Boch, involving the display of Villeroy & Boch emblems, the giving out of Villeroy & Boch catalogues, advertising, sales promotions and the other usual promotional activities, do not prevent Villeroy & Boch specialist retailers from benefiting from competition between the various makes. 31.In a market which is as fragmented at the level both of production and of distribution, it is out of the question for the agreements between Villeroy & Boch and specialist retailers to facilitate, through the medium of common distribution networks, a collusion between producers aimed at excluding competing firms from the market: the number of producers is too great, and the circle of distributors is too open and ill-defined for such a practice to be possible. 32.On the contrary, in as highly competitive market, the joint supply by specialist retailers of dinner services of comparable quality but of different makes cannot but enhance inter-brand competition. As a result of the concentrated and refined display of competing products, the consumer is able to determine which product will give him the best value for money, and, since the retailer is under no obligation to achieve a minimum turnover for Villeroy & Boch products, he is able to give customers impartial advice. To the extent that customers may consider as of secondary importance the services which accompany the sale, in a selective distribution system, they will be able to choose articles from competing producers who do not practice selective distribution, thus expressing their preference regarding the marketing strategy adopted by the producer. 33.While strengthening inter-brand competition, the operation of the selective distribution network cannot restrict intra-brand competition by means of collusion between specialist retailers with a view, for instance, to preventing Villeroy & Boch from freely determining its channels of distribution or ensuring compliance with the prices recommended by Villeroy & Boch. Such an eventuality is possible only where the number of retailers is relatively small. That is not the case here. Moreover, Villeroy & Boch has not granted exclusive sales territories to its retailers and it would not be impossible for it to counteract any concerted pressure from its distributors by supplying new authorized retailers. 34.The selectivity of the distribution system under review is also based on the commitment entered into by specialist retailers to resell the contract goods only to private customers or to other specialist retailers authorized by Villeroy & Boch. As the objective qualitative selection criteria and the sales promotion obligations are considered compatible with Article 85 (1), the said commitment does not itself appreciably restrict competition in the present case. 35.If the obligation on authorized retailers not to sell to unauthorized retailers is recognized as being lawful, the same must be true of the obligation on wholesalers and central purchasing agencies to supply only Villeroy & Boch retailers, inasmuch as it constitutes at the wholesale level the reflection of the selectivity of the retail distribution system. 36.The corresponding prohibition on the supplying of private customers by wholesalers and central purchasing agencies does not constitute a restriction of competition within the meaning of Article 85 (1). On the contrary, competition would be distorted if wholesalers, whose costs are in general proportionally lower precisely because of the marketing stage at which they operate, competed with retailers at the retail stage, in particular on supplies to private customers (Case 26/76, Metro [1977] ECR 1875, ground 29). 37.The clause in the standard form agreements between Villeroy & Boch and suppliers of goods to hotels and restaurants which limits to the latter the resale of the contract goods is justified by the special nature of such resellers' operations and the different range of products which they supply. Since the resale of dinner services in bulk not intended for private customers is involved, it is reasonable that such specialist resellers should not be able to dispose of the contract goods either to authorized retailers or to private customers.Strictly speaking, this entails no restriction of competition since the make-up and appearance of the dinner services are different from those of household dinner services.38.The same considerations apply to the standard form agreements between Villeroy & Boch and distributors of advertising gifts. Owing to their specific purpose, which is the resale to trade customers of individual items not included in dinner services for subsequent disposal to third parties for publicity purposes, these agreements form part of a commercial channel quite different from that through which dinner services are supplied to private consumers. Consequently, the obligation on distributors of advertising gifts to resell only to such trade customers does not constitute a restriction of competition. 39.The network of notified distribution agreements does not contain any obligation on the part of Villeroy & Boch resellers having as its object or effect any appreciable prevention, restriction or distortion of competition within the common market within the meaning of Article 85 (1), and it is not therefore necessary to examine whether trade between Member States may be affected.Consequently, there are no grounds, on the basis of the facts in the Commission's possession, for action on its part under Article 85 (1) of the Treaty. The Commission can therefore grant the network negative clearance under Article 2 of Regulation No 17. HAS ADOPTED THIS DECISION:
Article 1
On the basis of the facts in its possession, the Commission has no grounds for action pursuant to Article 85 (1) of the EEC Treaty in respect of the network of standard form agreements between Villeroy & Boch and its resellers which form the subject-matter of this Decision.
Article 2
This Decision is addressed to Villeroy & Boch KG, Mettlach (Federal Republic of Germany) and Villeroy & Boch Sarl (Grand Duchy of Luxembourg).
Done at Brussels, 16 December 1985. | [
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COMMISSION REGULATION (EEC) No 1714/93 of 30 June 1993 fixing, for the 1993/94 marketing year, the flat-rate amount provided for under the system of minimum stocks in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 1548/93 (2), and in particular Article 12 (3) thereof,
Having regard to Council Regulation (EEC) No 1789/81 of 30 June 1981 laying down general rules concerning the system of minimum stocks in the sugar sector (3),
Whereas Articles 3 (b) and 6 (a) of Regulation (EEC) No 1789/91 provide for the reimbursement of the pecuniary advantage included in the intervention price on account of the costs involved in maintaining the minimum stock;
Whereas, in order to determine that pecuniary advantage, Commission Regulation (EEC) No 189/77 of 28 January 1977 laying down detailed rules for the application of the system of minimum stocks in the sugar sector (4), as amended by Regulation (EEC) No 1920/81 (5), provides for a flat-rate amount to be fixed for each marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1993/94 marketing year, the flat-rate amount referred to in Article 6 of Regulation (EEC) No 189/77 shall be ECU 0,160 per 100 kilograms of sugar expressed as white sugar.
Article 2
This Regulation shall enter into force on 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1993. | [
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Council Regulation (EC) No 1239/2001
of 19 June 2001
rectifying Regulation (EC) No 2201/96 on the common organisation of the markets in processed fruit and vegetable products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Whereas:
(1) Regulation (EC) No 2699/2000(2) inter alia amended Title I of Regulation (EC) No 2201/96(3) and accordingly adjusted, without changing the content, the provisions governing the aid scheme for the processing of dried figs and prunes derived from d'Ente plums. The scheme, which was previously included in Articles 2 to 6 of Regulation (EC) No 2201/96, is currently established by Article 6a of that Regulation. To take account of this new presentation, the text of Article 31 of the said Regulation, which identifies the expenditure to be funded by the Guarantee Section of the European Agriculture Guidance and Guarantee Fund (EAGGF), should be amended.
(2) In the same Article 31 the reference to Regulation (EEC) No 729/70(4), which has been repealed, should be replaced by a reference to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(5),
HAS ADOPTED THIS REGULATION:
Article 1
Article 31 of Regulation (EC) No 2201/96 shall be replaced by the following: "Article 31
Expenditure incurred under Article 2, Article 6a, Article 7, Article 9(4) and (5) and Article 10(3) shall be deemed to be intervention to stabilise the agricultural markets within the meaning of point (b) of Article 1(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(6)."
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 19 June 2001. | [
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COMMISSION DECISION
of 12 July 2006
on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins
(notified under document number C(2006) 3113)
(Text with EEA relevance)
(2006/504/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b)(ii) thereof,
Whereas:
(1)
The Scientific Committee for Food has noted that aflatoxin B1 is a potent genotoxic carcinogen and, even at extremely low levels, contributes to the risk of liver cancer.
(2)
Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2) lays down maximum levels for certain contaminants and in particular aflatoxins that are permitted in foodstuffs. Those limits for aflatoxins have been regularly exceeded in certain foodstuffs from certain third countries.
(3)
Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt special conditions at Community level.
(4)
Commission Decision 2000/49/EC of 6 December 1999 repealing Decision 1999/356/EC and imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt (3) lays down special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt.
(5)
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 (4) lays down special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China.
(6)
Commission Decision 2002/80/EC of 4 February 2002 imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey (5), lays down special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey.
(7)
Commission Decision 2003/493/EC of 4 July 2003 imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil (6) lays down special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil.
(8)
Commission Decision 2005/85/EC of 26 January 2005 imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran (7), lays down special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran
(9)
Many of the special conditions for imports of the foodstuffs covered by Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC from Brazil, China, Egypt, Iran and Turkey are the same. Accordingly, in the interest of clarity of Community legislation, it is appropriate to set out the special conditions for the import of those foodstuffs from those third countries due to contamination of those products by aflatoxins in a single Decision.
(10)
Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (8) establishes at Community level a harmonised framework of general rules for the organisation of official controls.
(11)
For some foodstuffs from certain third countries, specific additional measures are necessary.
(12)
The measures provided for in this Decision, in particular as regards foodstuffs from Iran and Brazil, have a significant impact on the control resources of the Member States. It is therefore appropriate to require that all costs resulting from sampling, analysis, storage and all costs resulting from official measures taken as regards non-compliant consignments related to the official controls of foodstuffs from Iran and Brazil pursuant to this Decision are to be borne by the importers or food business operators concerned.
(13)
From the findings of the Commission's Food and Veterinary Office (FVO) mission, it may be concluded that Brazil cannot currently ensure reliable analytical results or guarantee lot integrity in respect of certification of consignments of unshelled Brazil nuts. Furthermore, it may also be concluded that current official controls on returned lots are inadequate. It is therefore appropriate to restrict the analyses to the official laboratory which can provide guarantees as regards the analytical results and to impose strict conditions regarding the return of non-conforming lots. In the event that those strict conditions are not complied with, subsequent non-conforming lots should be destroyed.
(14)
In the interests of public health, Member States should keep the Commission informed through quarterly reports of all results of official controls carried out in respect of consignments of foodstuffs covered by this Decision. Such reports shall be in addition to the notification obligations under the rapid alert system for food and feed established by Regulation (EC) No 178/2002.
(15)
It is important to ensure that the sampling and analysis of consignments of foodstuffs covered by this Decision are performed in a harmonised manner throughout the Community. Accordingly the sampling and analysis to be performed under this Decision should be carried out in accordance with the provisions of Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs (9).
(16)
The operation of this Decision should be kept under review on the basis of the guarantees provided by the competent authorities of the third countries concerned and of the results of the official controls carried out by Member States in order to assess whether the special conditions provide a sufficient level of protection of public health within the Community and whether they are still needed.
(17)
Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC should accordingly be repealed.
(18)
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
Scope
This Decision shall apply to the foodstuffs referred to in points (a) to (e) and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in points (a) to (e).
Foodstuffs shall be considered as containing the foodstuffs when such foodstuffs are listed as ingredients on the label or packaging in accordance with Article 6 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs (10):
(a)
the following foodstuffs imported from Brazil:
(i)
Brazil nuts in shell falling within category CN code 0801 21 00;
(ii)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell;
(b)
the following foodstuffs imported from China:
(i)
peanuts falling within CN code 1202 10 90 or 1202 20 00;
(ii)
peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
(iii)
roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
(c)
the following foodstuffs imported from Egypt:
(i)
peanuts falling within CN code 1202 10 90 or 1202 20 00;
(ii)
peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
(iii)
roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
(d)
the following foodstuffs imported from Iran:
(i)
pistachios falling within CN code 0802 50 00;
(ii)
roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);
(e)
the following foodstuffs imported from Turkey:
(i)
dried figs falling within CN code 0804 20 90;
(ii)
hazelnuts (Corylus sp) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00;
(iii)
pistachios falling within CN code 0802 50 00;
(iv)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios;
(v)
fig paste and hazelnut paste falling within CN code 2007 99 98;
(vi)
hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19;
(vii)
flour, meal and powder of hazelnuts, figs and pistachios falling within CN code 1106 30 90;
(viii)
cut, sliced and broken hazelnuts.
Article 2
Definitions
For the purposes of this Decision, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002 and in Article 2 of Regulation (EC) No 882/2004 shall apply.
‘Designated points of import’ means the points through which the foodstuffs referred to in Article 1 may only be imported into the Community. An exhaustive list of designated points of import is provided in Annex II.
Article 3
Results of sampling and analysis and health certificate
1. Member States may only permit imports of the foodstuffs referred to in Article 1 (hereafter referred to as foodstuffs), where the consignment is accompanied by the results of sampling and analysis and a health certificate (11) in accordance with the model set out in Annex I, completed, signed and verified by an authorised representative of:
(a)
the Ministério da Agricultura, Pecuária e Abastecimento (MAPA) for foodstuffs from Brazil;
(b)
the State Administration for Entry-Exit inspection and Quarantine of the People's Republic of China for foodstuffs from China;
(c)
the Egyptian Ministry of Agriculture for foodstuffs from Egypt;
(d)
the Iranian Ministry of Health for foodstuffs from Iran;
(e)
the General Directorate of protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey for foodstuffs from Turkey.
2. The health certificate provided for in paragraph 1 shall only be valid for imports of foodstuffs into the Community no later than four months from the date of issue of the health certificate.
3. The competent authorities in each Member State shall ensure that the foodstuffs are subject to documentary checks to ensure that the requirement of the results of sampling and analysis and the health certificate provided for in paragraph 1 are complied with. The documentary check must take place at the point of first introduction into the territory of the Community.
4. Where a consignment of foodstuffs is not accompanied by the results of sampling and analysis and the health certificate provided for in paragraph 1, the consignment may not enter the Community for onward transit to the designated point of import nor be imported into the Community and must be re-dispatched to the country of origin or destroyed.
5. The sampling and the analysis provided for in paragraph 1 must be performed in accordance with the provisions of Regulation (EC) No 401/2006.
6. Each consignment of foodstuffs shall be identified with a code which corresponds to the code on the sampling results of the sampling and analysis and health certificate referred to in paragraph 1. Each individual bag, or other packaging form, of the consignment shall be identified with that code.
Article 4
Designated points of import into the Community
1. Foodstuffs may only be imported into the Community through one of the designated points of import listed in Annex II.
2. The competent authorities in each Member State shall ensure that the designated points of import (12) listed in Annex II comply with following requirements:
(a)
the presence of trained staff to perform official controls on consignments of foodstuffs;
(b)
the availability of detailed instructions regarding sampling and the sending of the samples to the laboratory, in accordance with provisions in Annex I of Regulation (EC) No 401/2006;
(c)
the possibility to perform the unloading and the sampling in a sheltered place at the designated point of import; it must be possible to place the consignment of the foodstuffs under the official control of the competent authority from the designated point of import onwards in cases where the consignment has to be transported in order to perform the sampling;
(d)
the availability of storage rooms, warehouses to store detained consignments of foodstuffs in good conditions during the period of detention awaiting the results of analysis;
(e)
the availability of unloading equipment and appropriate sampling equipment;
(f)
the availability of an accredited official laboratory (13) for aflatoxin analysis, situated at a place to which the samples can be transported within a short period of time; the laboratory must have the appropriate grinding equipment for homogenising 10 to 30 kg samples (14). The laboratory must be able to analyse the sample within a reasonable period of time in order to comply with the 15 working day maximum period of detention for consignments.
3. Member States shall ensure that food business operators must make available sufficient human resources and logistics to unload the consignment of foodstuffs, thus enabling representative sampling to take place.
In the case of special transport and/or specific packaging forms, the operator/responsible food business operator must make available to the official inspector the appropriate sampling equipment insofar as the sampling cannot be representatively performed with the usual sampling equipment.
Article 5
Official control
1. The competent authorities in each Member State shall take a sample for analysis, in accordance with the provisions of Annex I of Regulation (EC) No 401/2006 from consignments of foodstuffs for analysis of aflatoxin B1 and total aflatoxin contamination before release for free circulation from the designated point of import into the Community.
2. The sampling for analysis referred to in paragraph 1 shall be carried out on:
(a)
each consignment of foodstuffs from Brazil;
(b)
approximately 10 % of the consignments of foodstuffs from China;
(c)
approximately 20 % of the consignments of foodstuffs from Egypt;
(d)
each consignment of foodstuffs from Iran;
(e)
approximately 5 % of the consignments for each category of hazelnuts referred to in point (e)(ii), (iv) and (vi) of Article 1 and derived products from such hazelnuts from Turkey and approximately 10 % of the consignments of other categories of foodstuffs from Turkey.
3. Any consignment of foodstuffs which is to be subjected to sampling and analysis may be held before release for free circulation from the designated point of import into the Community for a maximum period of 15 working days from the moment the consignment is offered for import and physically available for sampling.
The competent authorities of the importing Member State shall issue an accompanying official document establishing that the consignment of foodstuffs has been subjected to sampling and analysis and indicating the results of the analysis.
4. Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of foodstuffs. This report shall be submitted during the month following each quarter (April, July, October, and January).
Article 6
Splitting of a consignment
If a consignment is split, copies of the health certificate provided for in Article 3(1) and the official document provided for in Article 5(3), 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 up to and including the wholesale stage.
Article 7
Additional conditions as regards imports of foodstuffs from Brazil
1. The analysis provided for in Article 3(1) must be performed by the official control laboratory for the analysis of aflatoxins in foodstuffs from Brazil, the Laboratório de Controle de Qualidade de Segurança Alimentar (LACQSA) in Belo Horizonte, Brazil.
2. Consignments of unshelled Brazil nuts not complying with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 may only be returned to the country of origin where, for each individual non-conforming consignment, the Ministério da Agricultura, Pecuária e Abastecimento (MAPA) provides the following in writing:
(a)
explicit agreement for the return of the consignment concerned, and indicating the consignment code;
(b)
a commitment to put the returned consignment under official control from the date of arrival onwards;
(c)
a concrete indication of:
(i)
the destination of the returned consignment;
(ii)
the intended treatment of the returned consignment; and
(iii)
the intended sampling and analysis to be performed on the returned consignment.
However, if the conditions provided for in points (a), (b) and (c) are not complied with by the Ministério da Agricultura, Pecuária e Abastecimento (MAPA), all subsequent consignments that do not comply with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 shall be destroyed by the competent authorities of the importing Member State.
Article 8
Additional conditions as regards imports of foodstuffs from Brazil and Iran
1. All costs resulting from sampling, analysis, storage and issuing of accompanying official documents and of copies of health certificate and accompanying documents pursuant to Articles 3(1) and 5(3) for foodstuffs from Brazil and Iran as referred to in points (a) and (d) of Article 1 and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in these points, shall be borne by the food business operator responsible for the consignment or its representative.
2. All costs related to official measures taken by the competent authorities as regards non-compliance of consignments of foodstuffs from Brazil and Iran as referred to in points (a) and (d) of Article 1 and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in these points shall be borne by the food business operator responsible for the consignment or its representative.
Article 9
Review
This Decision shall be reviewed on the basis of the reports provided for in Article 5(4) and guarantees provided by the competent authorities of countries exporting the foodstuffs and of the results of the sampling and analysis carried out by Member States in order to assess whether the conditions set out in Articles 3, 4, 5, 6, 7 and 8 provide a sufficient level of protection of public health within the Community and whether they are still necessary.
Article 10
Repeals
Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC are hereby repealed.
Article 11
Applicability
This Decision shall apply from 1 October 2006.
Member States shall adopt and publish the necessary measures to comply with this Decision. They shall forthwith inform the Commission thereof.
Article 12
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 12 July 2006. | [
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COMMISSION DECISION
of 6 July 2005
granting derogations to bring Member States' statistical systems into conformity with Regulation (EC) No 501/2004 of the European Parliament and of the Council on quarterly financial accounts for general government
(notified under document number C(2005) 1861)
(Only the Czech, Danish, German, Estonian, Greek, Spanish, French, English, Italian, Latvian, Lithuanian, Polish, Slovenian and Slovak texts are authentic)
(2005/488/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 501/2004 of the European Parliament and of the Council of 10 March 2004 on quarterly financial accounts for general government (1), and in particular Article 6(3) and (4) thereof,
Having regard to the requests made by the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia and the Slovak Republic,
Whereas:
(1)
The purpose of Regulation (EC) No 501/2004 is to list and define the main characteristics of the ESA 95 categories of financial transactions and of stocks of financial assets and liabilities, for the general government sector and for each of the subsectors within general government. Member States are required to transmit data to the Commission (Eurostat) quarterly following a step-by-step approach.
(2)
However, under Article 6(3) and (4) of Regulation (EC) No 501/2004, the Commission is empowered to grant to Member States one or more derogations from the timetable set by the Regulation for the submission of quarterly data. Those derogations are granted for different purposes and are subject to different conditions.
(3)
In accordance with the provisions of Regulation (EC) No 501/2004, a number of Member States' authorities have asked, by letter, to be granted derogations to enable them to bring their national statistical systems into conformity with the Regulation’s requirements.
(4)
According to the information provided to Eurostat, the Member States' requests for derogations are due to the need for major adaptations to national statistical systems in order to comply fully with Regulation (EC) No 501/2004. The requested derogations should therefore be granted in their entirety,
HAS ADOPTED THIS DECISION:
Article 1
Derogations are hereby granted to the Member States listed in the Annex, on the conditions and subject to the limits set out therein, in order to enable those Member States to bring their respective national statistical systems into conformity with Regulation (EC) No 501/2004.
Article 2
This Decision is addressed to the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.
Done at Brussels, 6 July 2005. | [
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COMMISSION DECISION of 30 April 1997 concerning certain protection measures relating to classical swine fever in Spain (Text with EEA relevance) (97/285/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2) and, in particular, Article 10 (4) thereof,
Whereas outbreaks of classical swine fever have occurred in Spain;
Whereas in view of the trade in live pigs, semen, embryos and ova, these outbreaks are liable to endanger the herds of other Member States;
Whereas Spain has taken measures within the framework of Council Directive 80/217/EEC of 22 January 1980, introducing Community measures for the control of classical swine fever (3), as last amended by the Act of Accession of Austria, Finland and Sweden;
Whereas the epidemiological situation is not completely clear; whereas therefore certain special movement control measures are necessary;
Whereas, since it is possible to identify geographically areas which present a particular risk, the restrictions on trade can apply on a regional basis;
Whereas, however, in order to prevent the spread of disease to other parts of its territory, it is necessary that Spain should introduce appropriate measures of an equivalent level;
Whereas pig embryos and ova in accordance with the provisions of Annex IV of Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 92/425/EEC (4), as last amended by Commission Decision 95/176/EC (5) are subject to the same restrictions as live pigs and therefore their movement from Spain to other Member States are subject to certain protection measures;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. Spain shall not send pigs to other Member States unless the pigs come from an area outside the areas described in Annex I.
2. Spain shall not send pigs to other Member States from the areas outside the areas described in Annex I unless the pigs 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.
3. Movements of pigs to other Member States coming from areas outside the areas described in Annex I shall only be allowed following three days' advance notification to the central and local veterinary authorities in the Member State of destination and dispatched by the local competent veterinary authority.
4. Spain shall not send pigs from the areas described in Annex I to other parts of its territory, unless they are for direct slaughter and are slaughtered at slaughterhouses in Spain designated by the competent veterinary authorities. The means of transport shall be officially sealed.
Article 2
Spain shall not send to other Member States porcine semen unless the semen originates from boars kept at a collection centre referred to in Article 3 (a) of Council Directive 90/429/EEC (6) and situated outside the areas described in the Annex I.
Article 3
1. The health certificate provided for in Council Directive 64/432/EEC (7) accompanying pigs sent from Spain must be completed by the following:
'Animals in accordance with Commission Decision 97/285/EC of 30 April 1997 concerning certain protection measures relating to classical swine fever in Spain`.
2. The health certificate provided for in Council Directive 90/429/EEC accompanying boar semen sent from Spain must be completed by the following:
'Semen in accordance with Commission Decision 97/285/EC of 30 April 1997 concerning certain protection measures relating to classical swine fever in Spain.`
Article 4
Spain shall ensure that vehicles which have been used for the transport of pigs are cleaned and disinfected after each operation and the transporter shall furnish proof of such disinfection.
Article 5
1. Spain shall at 8 day intervals present data on the classical swine fever situation in the format indicated in Annex II.
2. This Decision shall be reviewed before 15 May 1997.
Article 6
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
Article 7
This Decision is addressed to Member States.
Done at Brussels, 30 April 1997. | [
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Commission Regulation (EC) No 1436/2003
of 12 August 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 13 August 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 August 2003. | [
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Commission Regulation (EC) No 1288/2003
of 18 July 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 July 2003. | [
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Commission Decision
of 2 May 2002
amending for the ninth time Decision 2000/284/EC establishing the list of approved semen collection centres for imports of equine semen from third countries
(notified under document number C(2002) 1583)
(Text with EEA relevance)
(2002/339/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(1), as last amended by Commission Decision 2001/298/EC(2), and in particular Article 17(3)(b) thereof,
Whereas:
(1) Commission Decision 2000/284/EC(3), as last amended by Decision 2002/297/EC(4), established the list of approved semen collection centres for imports of equine semen from third countries.
(2) The competent authorities of the United States of America officially informed the Commission of the approval in accordance with the provisions of Directive 92/65/EEC of two additional equine semen collection centres.
(3) It is appropriate to amend the list in the light of new information received from the third country concerned, and to highlight the amendments in the Annex for clarity.
(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2000/284/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 2 May 2002. | [
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DIRECTIVE 96/69/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 October 1996 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a 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 189b of the Treaty (3),
(1) Whereas measures should be adopted within the framework of the attainment of the objectives of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
(2) Whereas the first programme of action of the European Community on protection of the environment (4), approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the fifth programme of action, the general approach of which was approved by the Council in its resolution of 1 February 1993 (5), provides for additional efforts to be made to effect a considerable reduction in the present level of pollutants emitted from motor vehicles;
(3) Whereas the objective of reducing the level of pollutant emissions from motor vehicles and the operation of the internal market for vehicles cannot be sufficiently achieved by individual Member States; whereas they can, however, be better achieved at Community level by the approximation of the laws of the Member States relating to measures to be taken against air pollution by motor vehicles;
(4) Whereas it is recognized that the development of transport in the Community has entailed significant constraints for the environment and that there is a risk of increased deterioration thereof; whereas official estimates of the increase in traffic density made hitherto have been exceeded by the actual trend throughout the Community and whereas for that reason very stringent emission standards should be laid down for all motor vehicles;
(5) Whereas in 1993 the Commission adopted a European programme on emissions, fuels and engine technologies (Epefe); whereas that programme was established to ensure that proposals for future Directives on pollutant emissions seek the best solutions for the environment, for the consumer and for the economy; whereas, it deals with the pollution emitted by motor vehicles and the fuels which propel them;
(6) Whereas Directive 70/220/EEC (6), which deals with the measures to be taken against air pollution by emissions from motor vehicles, is one of the separate Directives under the type-approval procedure laid down by Directive 70/156/EEC (7);
(7) Whereas Directive 70/220/EEC lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from the engines of such vehicles; whereas these limit values were first reduced by Council Directive 74/290/EEC (8) and supplemented, in accordance with Commission Directive 77/102/EEC (9), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for those three pollutants were successively reduced by Commission Directive 78/665/EEC (10) and Council Directives 83/351/EEC (11) and 88/76/EEC (12); whereas limit values for particulate pollutant emissions from diesel engines were introduced by Directive 88/436/EEC (13); whereas more stringent European standards for emissions of gaseous pollutants from motor vehicles below 1 400 cm³ were introduced by Directive 89/458/EEC (14); whereas those standards have been extended to all passenger cars independently of their engine capacity on the basis of an improved European test procedure including an extra-urban driving cycle; whereas requirements relating to the evaporative emissions and to the durability of emission-reducing vehicle components as well as more stringent particulate pollutant standards for motor vehicles equipped with diesel engines were introduced by Directive 91/441/EEC (15); whereas passenger cars designed to carry more than six passengers, including the driver, or having a maximum mass of more than 2 500 kg, light commercial vehicles and off-road vehicles covered by Directive 70/220/EEC have, pursuant to Directive 93/59/EEC (16), been subject to standards as stringent as those for passenger cars, taking into account the specific features of such vehicles; whereas the standards for passenger cars have been rendered more stringent by Directive 94/12/EC, which also introduced a new method for checking on the conformity of production; whereas it is necessary to harmonize the standards for light commercial vehicles with those for passenger cars so as to make them at least as stringent as those for passenger cars;
(8) Whereas the work undertaken by the Commission in this field has shown that the best technology currently available to the Community industry can be further improved in order to allow light commercial vehicles to comply with considerably reduced emission limits; whereas the same is true of other new technologies which are emerging; whereas the proposed standards will apply both to the approval of new vehicle types and to checks on conformity of production, since the amended method of sampling and statistical evaluation enables the tolerances allowed for the limit values set under previous stages of value reduction pursuant to Directive 70/220/EEC to be removed;
(9) Whereas the Commission has examined the feasibility of amalgamating vehicle classes II and III, the actual conditions under which light commercial vehicles are driven in urban and extra-urban traffic and the special characteristics of those vehicles;
(10) Whereas Member States should be allowed to expedite, by means of tax incentives, the placing on the market of vehicles which satisfy the requirements adopted at Community level, such incentives having to comply with the provisions of the Treaty and satisfy certain conditions intended to avoid distortions of the internal market; whereas this Directive does not affect the Member States' right to include emissions of pollutants and other substances in the basis on which road traffic taxes on motor vehicles are calculated;
(11) Whereas the prior notification requirement of this Directive stands without prejudice to notification requirements under other provisions of Community law, notably Article 93 (3) of the Treaty;
(12) Whereas it is appropriate that the European Parliament and the Council should adopt, by 31 December 1997, the requirements valid for the stage beginning in 2000, on the basis of a proposal which the Commission must submit by 30 June 1996 and which is to be aimed at substantially reducing emissions from light commercial vehicles;
(13) Whereas the measures to reduce air pollution emissions from the year 2000 must form part of an integrated and multidirectional approach embracing all measures for reducing air pollution due to road traffic; whereas all the parameters set out in Article 4 of Directive 94/12/EC are relevant; whereas, for the requirements valid as from the year 2000, the aim should be, for light commercial vehicles, to lay down standards of equivalent stringency to those laid down for passenger cars employing an emission reduction technology of a uniform technical level, account being taken of the special characteristics of light commercial vehicles and, for vehicles of category N1, classes II and III, of the need to take into consideration any appropriate stipulations as to durability; whereas the Commission must undertake an analysis of the environmental, technological and cost-efficiency aspects and provide, by the end of June 1996, quantified objectives for the adoption of Community measures applicable from the year 2000,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 70/220/EEC shall be amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 October 1996, Member States must accept compliance with the requirements of Directive 70/220/EEC, as amended by this Directive, for the purposes of Articles 4 (1) and 7 (1) of Directive 70/156/EEC.
2. With effect from 1 January 1997 for vehicles of class I and with effect from 1 January 1998 for vehicles of classes II and III, Member States may no longer grant:
- EC type-approval in accordance with Article 4 (1) of Directive 70/156/EEC, or
- national type-approval, except where the provisions of Article 8 (2) of Directive 70/156/EEC are invoked,
for a vehicle type on grounds related to air pollution by engine emissions, if it fails to comply with Directive 70/220/EEC, as amended by this Directive.
3. With effect from 1 October 1997 for vehicles of class I and with effect from 1 October 1998 for vehicles of classes II and III, Member States must:
- consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC as no longer valid for the purposes of Article 7 (1) of that Directive; and
- refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC, except where the provisions of Article 8 (2) of Directive 70/156/EEC are invoked,
on grounds relating to air pollution by engine emissions, if the requirements of Directive 70/220/EEC, as amended by this Directive, are not fulfilled.
Article 3
Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 70/220/EEC, as amended by this Directive. Such incentives must comply with the provisions of the Treaty and satisfy the following conditions:
- they shall be valid for all new vehicles offered for sale on the market of a Member State which comply in advance with the requirements of Directive 70/220/EEC, as amended by this Directive,
- they shall cease on the dates set in Article 2 (3) for the mandatory application of emission values for new motor vehicles,
- for each type of motor vehicle they shall be for an amount lower than the additional cost of the technical devices introduced to ensure compliance with the values set and their installation on the vehicle.
The Commission shall be informed of any plans to institute or change the tax incentives referred to in the first paragraph in sufficient time to submit its observations.
Article 4
The European Parliament and the Council, acting under the conditions laid down in the Treaty, shall decide by 31 December 1997 on proposals, to be submitted by the Commission by 30 June 1996, for a further stage in the reduction, by the adoption of Community measures, of air pollution caused by emissions from motor vehicles covered by this Directive. The measures will apply from the year 2000.
In these proposals, the Commission will follow the approach outlined in Article 4 of Directive 94/12/EC.
Article 5
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1996. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 6
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 8 October 1996. | [
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COUNCIL DECISION
of 14 February 2000
on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Ukraine extending the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community for the period from 1 January 2000 to 31 December 2001
(2000/202/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine entered into force on 1 March 1998(1).
(2) Commission Decision 97/482/ECSC(2) concluded an Agreement between the European Coal and Steel Community, of the one part, and Ukraine, of the other part, which entered into force on 5 August 1997.
(3) The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and Ukraine extending the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community for the period from 1 January 2000 to 31 December 2001.
(4) The Agreement in the form of an Exchange of Letters should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Community and Ukraine extending the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from Ukraine to the European Community for the period from 1 January 2000 to 31 December 2001 is hereby approved on behalf of the European 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(s) empowered to sign the Agreement in order to bind the Community.
Done at Brussels, 14 February 2000. | [
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COMMISSION REGULATION (EC) No 406/2009
of 18 May 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 May 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 May 2009. | [
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COMMISSION REGULATION (EC) No 2900/95 of 15 December 1995 fixing an export tax in relation to the product falling within CN code 1001 90 99
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 1863/95 (2), and in particular Article 16 thereof,
Whereas Article 16 of Council Regulation (EEC) No 1766/92 provides that where quotations or prices on the world market for certain products reach the level of Community prices and such situation is likely to continue and deteriorate thereby disturbing or threatening to disturb the Community market, appropriate measures may be taken; whereas Article 15 of Commission Regulation (EC) No 1501/95 (3) provides that where such conditions are met, an export tax may be fixed and may vary according to the destination;
Whereas prices on the world market for common wheat have reached the level of those in the Community and the trend in those prices is that they will increase; whereas this situation is likely to lead to an excessive export of common wheat from the Community; whereas it has therefore been decided to apply an export tax to this product at a level which will avoid disturbance to the Community market;
Whereas export licences issued for common wheat in November 1995 are still valid; whereas their validity was already limited as a precautionary measure to 30 days in order to restrict quantities; whereas it is not necessary to penalize those licences or licences under Commission Regulation (EC) No 2372/95 (4) for the supply of the ACP countries; whereas it is necessary to ensure that prices remain stable over a certain period; whereas, as a result, this measure should apply only to licences issued from the date of entry into force of this Regulation;
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
1. The export tax referred to in Article 15 of Regulation (EC) No 1501/95, for the product falling within CN code 1001 90 99 is fixed at the level set out in the Annex to this Regulation.
2. However, that tax shall not apply to export licences issued before the date of entry into force of this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 1995. | [
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COMMISSION DECISION
of 26 February 1988
approving the accelerated plans for the eradication of leukosis in cattle presented by the Republic of Portugal
(Only the Portuguese text is authentic)
(88/209/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 87/58/EEC of 22 December 1986 introducing a supplementary Community measure for the eradication of brucellosis, tuberculosis and leukosis in cattle (1), and in particular Article 3 thereof,
Whereas, conforming to Article 2 of Decision 87/58/EEC, the Republic of Portugal shall prepare accelerated eradication plans in accordance with Article 4 of Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of brucellosis, tuberculosis and leukosis in cattle (2), and conforming to the criteria established by Council Directive 78/52/EEC of 13 December 1977 establishing the Community criteria for national plans for the accelerated eradication of brucellosis, tuberculosis and enzootic leukosis in cattle (3);
Whereas by letter dated 12 October 1987 the Republic of Portugal notified the Commission of accelerated plans for the eradication of leukosis in cattle;
Whereas, after examination, the accelerated plan was found to comply with Directive 77/391/EEC, Directive 78/52/EEC and Decision 87/58/EEC; whereas the conditions for financial participation by the Community are therefore met;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee; whereas the Fund Committee has been consulted,
HAS ADOPTED THIS DECISION:
Article 1
The accelerated plan for the eradication of leukosis in cattle, presented by Portugal is hereby approved.
Article 2
Portugal shall bring into force by 1 January 1988 the laws, regulations and administrative provisions for implementing the plans referred to in Article 1.
Article 3
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 26 February 1988. | [
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