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Council Decision 2003/682/CFSP
of 29 September 2003
concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPOL) in the Former Yugoslav Republic of Macedonia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,
Having regard to Joint Action 2003/681/CFSP of 29 September 2003 on the European Union Police Mission in the Former Yugoslav Republic of Macedonia (EUPOL "Proxima")(1), and in particular Article 5 thereof,
Whereas:
(1) Article 5 of Joint Action 2003/681/CFSP provides that the Council, upon a proposal by the Secretary-General/High Representative, should appoint a Head of Mission/Police Commissioner.
(2) The Secretary-General/High Representative has proposed the appointment of Mr Bart D'HOOGE,
HAS DECIDED AS FOLLOWS:
Article 1
Mr Bart D'HOOGE is hereby appointed Head of Mission/Police Commissioner of the EUPOL "Proxima" as from 15 December 2003. Until that date, he shall act as the Police Head of Mission/Head of the Planning Team.
Article 2
This Decision shall take effect on the day of its adoption.
It shall apply until 14 December 2004.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 29 September 2003. | [
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COUNCIL REGULATION (EEC) No 1351/86 of 6 May 1986 amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Regulation (EEC) No 1035/72 (1), as last amended by Regulation (EEC) No 3768/85 (2), and in particular Article 35 thereof, Having regard to the proposal from the Commission (3), Whereas Article 16 (3) of Regulation (EEC) No 1035/72 sets, for products to which the price and intervention arrangements apply, percentages of the basic price between which the buying-in price must be fixed; Whereas, in order to make withdrawal less attractive but at the same time maintain the level of the basic prices, the buying-in prices should be set at levels outside the percentage ranges set in the said Article 16; whereas the ranges should therefore be adjusted, HAS ADOPTED THIS REGULATION:
Article 1
Article 16 (3) of Regulation (EEC) No 1035/72 shall be amended to read as follows: '3. The buying-in price shall be fixed for each product, with due regard to the characteristics of the market and in particular the extent to which prices fluctuate, at a level between:- 30 and 45 % of the basic price, in the case of cauliflowers, tomatoes and aubergines,-40 and 55 % of the basic price, in the case of apples and pears,-45 and 65 % of the basic price, in the case of the other products listed in Annex II.'
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 to each product concerned from the beginning of the 1986/87 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 May 1986. | [
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COMMISSION DECISION
of 30 June 2008
on the Ecodesign Consultation Forum
(Text with EEA relevance)
(2008/591/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005, establishing a framework for the setting of eco-design requirements for energy-using products (EuP) and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council (1), and in particular Article 18 thereof,
Whereas:
(1)
In accordance with Article 18 of Directive 2005/32/EC, the Commission should ensure that in the conduct of its activities it observes, in respect of each implementing measure, a balanced participation of Member States and interested parties.
(2)
Directive 2005/32/EC provides that those parties should meet in a Consultation Forum. It is therefore necessary to define the tasks and the structure of that Consultation Forum.
(3)
The Consultation Forum should assist the Commission to establish a working plan, and contribute to defining and reviewing implementing measures, to examining the effectiveness of the established market surveillance mechanisms, and to assessing voluntary agreements and other self-regulation measures.
(4)
The Consultation Forum should be composed of Member States' representatives and the interested parties concerned with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations.
(5)
Rules on disclosure of information by members of the Consultation Forum should be provided for, without prejudice to the rules on security annexed to the Commission's Rules of Procedure by Decision 2001/844/EC, ECSC, Euratom (2).
(6)
Personal data relating to members of the Consultation Forum should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3),
HAS DECIDED AS FOLLOWS:
Article 1
Tasks
The tasks of the members of the Ecodesign Consultation Forum, hereinafter referred to as ‘the Forum’, shall be to give opinions in relation to the elaboration and the amendment of the working plan referred to in Article 16(1) of Directive 2005/32/EC and to advise the Commission on questions related to the implementation of Directive 2005/32/EC as provided for in Articles 16(2), 18 and 23 thereof.
Article 2
Consultation
The Commission may consult the Forum on any matter relating to the implementation of Directive 2005/32/EC.
Article 3
Membership
1. The members of the Forum shall be appointed by the Commission from interested parties concerned with the product or product group in question and who have responded to the call for applications.
2. The Forum shall comprise up to 60 members composed as follows:
(a)
one representative from each Member State;
(b)
one representative from each European Economic Area Member State;
(c)
up to 30 representatives of interested parties as referred to in Article 18 of Directive 2005/32/EC.
3. Each member shall designate the person representing it at the Forum meetings on the basis of his or her competence and experience in the area dealt with.
4. Members of the Forum are appointed for a three-year renewable term of office and shall remain in office until they are replaced in accordance with paragraph 3 or their term of office ends.
5. Members may be replaced for the remainder of their term of office in any of the following cases:
(a)
where the member resigns;
(b)
where the member is no longer capable of contributing effectively to the Forum's deliberations;
(c)
where the member does not comply with Article 287 of the Treaty.
6. The list of members and any subsequent amendments to that list shall be published on the Internet sites of the Enterprise and Industry Directorate General and the Transport and Energy Directorate General and in the Commission's Register of Expert Groups.
Article 4
Operation
1. The Forum shall be chaired by a representative of the Commission.
2. In agreement with the Chair, sub-groups may be set up to examine specific questions under terms of reference established by the Forum. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
3. The Chair may invite experts or observers with specific competence on a subject on the agenda to participate in the Forum's or sub-group's deliberations if this is necessary or useful.
4. Information obtained by participating in the deliberations of the Forum or of a sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
5. The Forum and its sub-groups shall normally meet on the Commission's premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings of the Forum and its sub-groups.
6. The rules of procedure for the Forum are set out in the Annex.
7. The Commission may publish, or place on the Internet, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the Forum.
Article 5
Reimbursement of expenses
The Commission shall reimburse travel and, where appropriate, subsistence expenses for one representative per Member State and technical experts invited according to Article 4(3) in connection with the Forum's activities in accordance with the Commission's rules on the compensation of external experts.
The members of the Forum, experts and observers shall not be remunerated for the services they render.
Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the Forum by the competent Commission department.
Done at Brussels, 30 June 2008. | [
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COMMISSION REGULATION (EC) No 2155/2005
of 23 December 2005
amending the specification of a designation of origin appearing in the Annex to Regulation (EC) No 1107/96 (Miel de sapin des Vosges) (PDO)
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 6(3), the second indent of Article 6(4) and the third paragraph of Article 9,
Whereas:
(1)
In accordance with the first paragraph of Article 9 of Regulation (EEC) No 2081/92, France has requested the amendment of the specification for the protected designation of origin ‘Miel de sapin des Vosges’, registered by Commission Regulation (EC) No 1107/96 (2).
(2)
The purpose of the requested amendment is to alter the method of assessing the colour of the honey, which is currently carried out by measuring its intensity according to the Pfund scale.
(3)
Following the amendment, the criterion of the colour of the honey will be verified on the basis of an organoleptic examination conducted in relation to a reference sample with characteristic colour. This method is considered to be more reliable.
(4)
The request for an amendment has been considered and the amendment has been deemed to be a minor one. This is due to the fact that the amendment does not alter the characteristics of the designation of origin, since the characteristic relating to colour is maintained. The only difference is the method of assessing that colour.
(5)
For the protected designation of origin ‘Miel de sapin des Vosges’, the ‘description’ in the specification, provided for in Article 4(2)(b) of Regulation (EEC) No 2081/92, should be altered by deleting the reference to intensity on the Pfund scale.
(6)
In accordance with Article 4 of Commission Regulation (EC) No 383/2004 (3), the Commission is publishing the summary in the Official Journal of the European Union.
(7)
The amendment is considered also to comply with Regulation (EEC) No 2081/92. Consequently, the alteration of the description for the product bearing the name ‘Miel de sapin des Vosges’ must be registered and published. The summary should therefore include the details, contained in the specification, of the colour of the honey bearing the designation.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Regulatory Committee on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs,
HAS ADOPTED THIS REGULATION:
Article 1
The procedure provided for in Article 6(1) and (2) of Regulation (EEC) No 2081/92 shall not apply to the amendments referred to in Article 2.
Article 2
The specification for the designation of origin ‘Miel de sapin des Vosges’ is amended in accordance with Annex I to this Regulation.
Article 3
A summary of the main points of the specification is given in Annex II to this Regulation.
Article 4
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2005. | [
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COMMISSION REGULATION (EC) No 1241/2006
of 17 August 2006
amending Regulation (EC) No 929/2006 as regards the available quantity for which import licence applications for certain poultrymeat products may be lodged for the period from 1 October to 31 December 2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1),
Having regard to Commission Regulation (EC) No 1251/96 of 28 June 1996 opening and providing for the administration of tariff quotas in the poultrymeat sector (2), and in particular Article 5(5) thereof,
Whereas:
(1)
In accordance with the Agreement in the form of an Exchange of Letters between the European Community and the United States of America under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (3), approved by Council Decision 2006/333/EC (4), the quantities provided for by the quotas in Regulation (EC) No 1251/96 have been amended.
(2)
It is therefore necessary to amend Commission Regulation (EC) No 929/2006 of 22 June 2006 determining the extent to which applications lodged in June 2006 for import licences for certain egg sector products and poultrymeat pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 can be accepted (5), and to adapt the available quantities for the period from 1 October to 31 December 2006 in proportion to those fixed in Annex I to Regulation (EC) No 1251/96,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 929/2006 is replaced by the text in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 August 2006. | [
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COMMISSION REGULATION (EC) No 1246/97 of 30 June 1997 amending Regulation (EEC) No 1150/90 as regards the transitional adjustment of certain provisions relating to imports into the Community of certain milk products originating in the African, Caribbean and Pacific States (ACP) or in the overseas countries and territories (OCT) in order to implement the Agreement on Agriculture concluded during the Uruguay Round of negotiations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), as last amended by Regulation (EC) No 1161/97 (2), and in particular Article 3 (1) thereof,
Whereas Commission Regulation (EC) No 1220/96 (3) lays down transitional measures until 30 June 1997 to facilitate the move from the arrangements provided for by Commission Regulation (EEC) No 1150/90 of 4 May 1990 laying down detailed rules for the application of the arrangements applicable to imports of certain milk products originating in the African, Caribbean and Pacific States (ACP States) or in the overseas countries and territories (OCT) (4), as last amended by Regulation (EC) No 1220/96, to those introduced by the agreements concluded during the Uruguay Round of multilateral trade negotiations;
Whereas the period for the application of the transitional measures was extended until 30 June 1998 by Regulation (EC) No 1161/97; whereas, pending the adoption by the Council of definitive measures, the measures provided for by Regulation (EC) No 1220/96 should be extended until 30 June 1998;
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
Article 3 (d) of Regulation (EEC) No 1150/90 is hereby replaced by the following:
'(d) the heading "notes" and Section 24 of licence applications and licences shall show respectively one of the following:
- Derecho de aduana reducido en un 50 %, Producto ACP/PTOM
Reglamento (CEE) n° 715/90
- Told nedsat med 50 %, AVS/OLT-varer
forordning (EØF) nr. 715/90
- Zoll, ermäßigt um 50 %, AKP/ÜLG-Erzeugnis
Verordnung (EWG) Nr. 715/90
- Äáóìüò ìåéùìÝíïò êáôÜ 50 %, ðñïúüí ÁÊÅ/Õ×Å
Êáíïíéóìüò (ÅÏÊ) áñéè. 715/90
- Customs duty reduced by 50 %, ACP/OCT-Product
Regulation (EEC) No 715/90
- Droit de douane réduit de 50 %, produit ACP/PTOM
règlement (CEE) n° 715/90
- Dazio doganale ridotto del 50 %, prodotto ACP/PTOM
regolamento (CEE) n. 715/90
- Douanerecht verminderd met 50 %, ACS/LGO-product
Verordening (EEG) nr. 715/90
- Direito aduaneiro reduzido de 50 %, produto ACP/PTOM
Regulamento (CEE) nº 715/90
- Tullia alennettu viidelläkymmenellä prosentilla, AKT/MMA-tuote
Asetus (ETY) N:o 715/90
- Nedsättning med 50 % av tullsatsen, produkt AVS/ULT
Förordning (EEG) nr 715/90.`
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1997 to 30 June 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1997. | [
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COMMISSION REGULATION (EC) No 324/97 of 21 February 1997 amending Regulation (EC) No 2190/96 as regards system B for the issue of export licences in the fruit and vegetables sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables (1), and in particular Article 35 (11) thereof,
Whereas Commission Regulation (EC) No 2190/96 (2), as amended by Regulation (EC) No 26/97 (3), lays down detailed rules relating to export refunds on fruit and vegetables;
Whereas Article 5 (2a) of Regulation (EC) No 2190/96 provides for the indication of destinations or groups of destinations; whereas express provision should be made therefore that the rejection of applications after a certain date, referred to in Article 5 (5) of the abovementioned Regulation, and the reduction in the refund rates or quantities applied for, referred to in Article 5 (6) of that Regulation, be made as appropriate according to destination or group of destinations;
Whereas, in order to simplify the administration of system B, the notification of information provided for in Article 5 (4) of Regulation (EC) No 2190/96 should not include quantities covered by licence applications rejected pursuant to Article 5 (5);
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
Article 5 of Regulation (EC) No 2190/96 is hereby amended as follows:
1. the following subparagraph is added to the end of paragraph 4:
'This information shall not include quantities for which licence applications are rejected pursuant to paragraph 5 of this Article`.
2. in paragraph 5 the words 'quantities applied for` are replaced by 'quantities applied for in respect of a destination or group of destinations`.
3. in paragraph 6 the words 'for each product` are replaced by 'for each product and each destination or group of destinations`.
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, 21 February 1997. | [
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COUNCIL DIRECTIVE of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (89/398/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Directive 77/94/EEC of 21 December 1976 on the approximation of the laws of the Member States relating to foodstuffs for particular nutritional uses (4), as last amended by Directive 85/7/EEC (5), has been amended on a number of occasions; whereas, on the occasion of new amendments, the said Directive should, for reasons of clarity, be redrafted;
Whereas the adoption of Directive 77/94/EEC was justified by the fact that the differences between national laws relating to foodstuffs for particular nutritional uses impeded their free movement, may have created unequal conditions of competion, and thus had a direct impact on the establishment and functioning of the common market;
Whereas the approximation of national laws presupposed, in an initial stage, the drawing-up of a common definition, the determination of measures enabling the consumer to be protected against fraud concerning the nature of these products and the adoption of rules to be complied with in labelling the products in question;
Whereas the products covered by this Directive are foodstuffs the composition and preparation of which must be specially designed to meet the particular nutritional requirements of the persons for whom they are mainly intended; whereas it may be necessary, therefore, to provide for derogations to the general or specific provisions applicable to foodstuffs in order to achieve the specific nutritional objective;
Whereas, although foodstuffs intended for particular nutritional uses which are the subject of specific provisions can be efficiently monitored on the basis of the general rules for monitoring all types of foodstuffs, this is not always the case for those foodstuffs in respect of which no such specific provisions exist;
Whereas for the latter the usual means available to the monitoring bodies might not in certain cases enable them to check whether a foodstuff actually has the particular nutritional properties attributed to it; whereas it is necessary therefore to provide that, where necessary, the person responsible for placing that foodstuff on the market should assist the monitoring body in carrying out its activities;
Whereas the current state of development of Community rules on additives means that it is not possible, in the framework of this Directive, to adopt provisions on the use of additives in foodstuffs intended for particular nutritional uses if they do not belong to one of the groups mentioned in Annex I; whereas this question should therefore be re-examined in due course;
Whereas the drawing-up of specific Directives implementing the basic principles of Community rules and amendments thereto are implementing measures of a technical nature; whereas their adoption should be entrusted to the Commission in order to simplify and expedite the procedure;
Whereas in all cases where the Council empowers the Commission to implement rules relating to foodstuffs intended for human consumption, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee for Foodstuffs, set up by Decision 69/414/EEC (6);
Whereas this Directive does not affect the time limits within which the Member States must comply with Directive 77/94/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive concerns foodstuffs for particular nutritional uses.
2. (a) Foodstuffs for particular nutritional uses are foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional purposes and which are marketed in such a way as to indicate such suitability.
(b) A particular nutritional use must fulfil the particular nutritional requirements:
ii(i) of certain categories of persons whose digestive processes or metabolism are disturbed; or
i(ii) of certain categories of persons who are in a special physiological condition and who are therefore able to obtain special benefit from controlled consumption of certain substances in foodstuffs; or
(iii) of infants or young children in good health.
Article 2
1. The products referred to in Article 1 (2) (b) (i) and (ii) may be characterized as 'dietetic' or 'dietary'.
2. In the labelling, presentation and advertising of foodstuffs for normal consumption the following shall be prohibited:
(a) the use of the adjectives 'dietetic' or 'dietary' either alone or in conjunction with other words, to designate these foodstuffs;
(b) all other markings or any presentation likely to give the impression that one of the products referred to in Article 1 is involved.
3. However, in accordance with provisions to be adopted according to the procedure provided for in Article 13, it shall be possible for foodstuffs for normal consumption which are suitable for a particular nutritional use to indicate such suitability.
The aforesaid provisions may lay down the arrangements for indicating this suitability.
Article 3
1. The nature or composition of the products referred to in Article 1 must be such that the products are appropriate for the particular nutritional use intended.
2. The products referred to in Article 1 must also comply with any mandatory provisions applicable to foodstuffs for
normal consumption, save as regards changes made to them to ensure their conformity with the definitions given in Article 1.
Article 4
1. The specific provisions applicable to the groups of foods for particular nutritional uses appearing in Annex I shall be laid down by means of specific Directives.
Such specific Directives may cover in particular:
(a) essential requirements as to the nature or composition of the products;
(b) provisions regarding the quality of raw materials;
(c) hygiene requirements;
(d) permitted changes within the meaning of Article 3 (2);
(e) a list of additives;
(f)
provisions regarding labelling, presentation and advertising;
(g)
sampling procedures and methods of analysis necessary for checking compliance with the requirements of the specific Directives.
Such specific Directives shall be adopted:
- in the case of point (e), by the Council acting in accordance with the procedure laid down in Article 100a,
- in the case of the other points, in accordance with the procedure laid down in Article 13.
Provisions likely to have an effect on public health shall be adopted after consultation of the Scientific Committee for Food, set up by Decision 74/234/EEC (7).
2. A list of substances with specific nutritional purposes such as vitamins, mineral salts, amino acids and other substances intended to be added to foodstuffs intended for particular nutritional uses, together with the purity criteria applicable to them, and, where appropriate, the conditions under which they should be used, shall be adopted in accordance with the procedure laid down in Article 13.
Article 5
Conditions under which reference may be made in labelling, presentation and advertising to a diet or to a category of persons for which a product referred to in Article 1 is intended may be adopted in accordance with the procedure laid down in Article 13.
Article 6
1. The labelling and the labelling methods used, the presentation and the advertising of the products referred to in Article 1 must not attribute properties for the prevention, treatment or cure of human disease to such products or imply such properties.
Derogations from the first subparagraph may be provided for in accordance with the procedure laid down in Article 13 in exceptional and clearly defined cases. Derogations may be continued until that procedure has been completed.
2. Paragraph 1 shall not prevent the dissemination of any useful information or recommendations exclusively intended for persons having qualifications in medicine, nutrition or pharmacy.
Article 7
1. Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (8), as last amended by Directive 89/395/EEC (9), shall apply to the products referred to in Article 1, under the conditions set out below.
2. The designation under which a product is sold shall be accompanied by an indication of its particular nutritional characteristics; however, in the case of the products referred to in Article 1 (2) (b) (iii), this reference shall be replaced by a reference to the purpose for which they are intended.
3. The labelling of products for which no specific Directive has been adopted in accordance with Article 4 must also include:
(a) the particular elements of the qualitative and quantitative composition or the special manufacturing process which gives the product its particular nutritional characteristics;
(b) the available energy value expressed in kilojoules and kilocalories and the carbohydrate, protein and fat content per 100 grams or 100 millilitres of the product as marketed and, where appropriate, per specified quantity of the product as proposed for consumption.
If, however, the energy value is less than 50 kilojoules (12 kilocalories) per 100 grams or 100 millilitres of the product as marketed, these particulars may be replaced either by the words 'energy value less than 50 kilojoules (12 kilocalories) per 100 grams' or by the words 'energy value less than 50 kilojoules (12 kilocalories) per 100 millilitres'.
4. The particular labelling requirements for those products for which a specific Directive has been adopted shall be laid down in that Directive.
Article 8
1. The products referred to in Article 1 shall only be allowed on the retail market in pre-packaged form, and the packaging shall completely cover the products.
2. Member States may, however, permit derogations from these provisions for purposes of the retail trade provided that the product is accompanied by the particulars provided for in Article 7 at the time when it is put on sale.
Article 9
To permit efficient official monitoring of foodstuffs intended for a particular nutritional use which do not belong to one of the groups listed in Annex I the following specific provisions shall apply:
1. When a product as referred to above is placed on the market for the first time the manufacturer or, where a product is manufactured in a third State, the importer, shall notify the competent authority of the Member State where the product is being marketed by forwarding it a model of the label used for the product.
2. Where the same product is subsequently placed on the market in another Member State the manufacturer or, where appropriate, the importer, shall provide the competent authority of that Member State with the same information, together with an indication of the recipient of the first notification.
3. Where necessary, the competent authority shall be empowered to require the manufacturer or, where appropriate, the importer, to produce the scientific work and the data establishing the product's compliance with Article 1 (2) together with the information provided for in Article 7 (3) (a). If such work is contained in a readily available publication, a mere reference to this publication shall suffice.
4. Member States shall communicate to the Commission the identity of the competent authorities within the meaning of this Article and any other useful information on them.
The Commission shall publish this information in the Official Journal of the European Communities.
Detailed rules for implementing this paragraph may be adopted in accordance with the procedure laid down in Article 13.
5. Four years after notification of this Directive, the Commission shall send the Council a report on the implementation of this Article, if necessary, together with appropriate proposals.
Article 10
1. Member States shall not, for reasons related to their composition, manufacturing specifications, presentation or labelling, prohibit or restrict trade in products referred to in Article 1 which comply with this Directive and where appropriate, with Directives adopted in implementation of this Directive.
2. Paragraph 1 shall not affect national provisions which are applicable in the absence of Directives adopted in implementation of this Directive.
Article 11
1. Where a Member State has detailed grounds for establishing that a foodstuff intended for a particular nutritional use which does not belong to one of the groups listed in Annex I does not comply with Article 1 (2) or endangers human health, albeit freely circulating in one or more Member States, that Member State may temporarily suspend or restrict trade in that product within its territory. It shall immediately inform the Commission and the other Member States thereof and give reasons for its decision.
2. The Commission shall examine as soon as possible the grounds adduced by the Member State concerned, consult the Member States within the Standing Committee for Foodstuffs, and shall then deliver its opinion without delay and take appropriate measures.
3. If the Commission considers that the national measure must be dispensed with or modified, it shall initiate the procedure laid down in Article 13 for the adoption of appropriate measures.
Article 12
1. Where a Member State, as a result of new information or of a reassessment of existing information made since one of the specific Directives was adopted, has detailed grounds for establishing that a foodstuff intended for particular nutritional uses endangers human health although it complies with the relevant specific Directive, that Member State may temporarily suspend or restrict application of the provisions in question within its territory. It shall immediately inform the other Member States and the Commission thereof and give reasons for its Decision.
2. The Commission shall examine as soon as possible the grounds adduced by the Member State concerned and shall consult the Member States within the Standing Committee for Foodstuffs, and shall then deliver its opinion without delay and take appropriate measures.
3. If the Commission considers that amendments to this Directive or to the specific Directives are necessary in order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, it shall initiate the procedure laid down in Article 13 with a view to adopting those amendments. The Member State which has adopted safeguard measures may in that event retain them until the amendments have been adopted.
Article 13
Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee for Foodstuffs, hereinafter referred to as 'the Committee', either on his own initiative or at the request of the representative of a Member State.
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.
The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
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 on which the matter was referred to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 14
Directive 77/94/EEC is hereby repealed.
References to the repealed Directive shall be construed as references to this Directive and are to be read in accordance with the correlation table set out in Annex II.
Article 15
1. Member States shall amend their laws, regulations and administrative provisions in such a way as:
- to permit trade in products complying with this Directive not later than 16 May 1990,
- to prohibit trade in products not complying with this Directive with effect from 16 May 1991.
They shall forthwith inform the Commission thereof.
2. Paragraph 1 shall not affect those national provisions which in the absence of the Directives referred to in Article 4 apply to certain groups of foodstuffs intended for particular nutritional uses.
Article 16
This Directive is addressed to the Member States.
Done at Brussels, 3 May 1989. | [
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COMMISSION REGULATION (EC) No 691/97 of 18 April 1997 amending Regulations (EEC) No 2698/93, (EC) No 1590/94 and (EC) No 2305/95 in the pigmeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (1), as last amended by Regulation (EC) No 2490/96 (2), and in particular Article 8 thereof,
Whereas concessions for certain pigmeat products were granted pursuant to Commission Regulation (EEC) No 2698/93 of 30 September 1993 laying down detailed rules for the application in the pigmeat sector of the arrangements provided for in the Interim Agreements between the European Economic Community and the Republic of Poland, the Republic of Hungary and the former Czech and Slovak Federal Republic (3), as last amended by Regulation (EC) No 2502/96 (4), Commission Regulation (EC) No 1590/94 of 30 June 1994 laying down detailed rules for the application in the pigmeat sector of the arrangements provided for in the Interim Agreement between the Community and Bulgaria and Romania (5), as last amended by Regulation (EC) No 2502/96, and Commission Regulation (EC) No 2305/95 of 29 September 1995 establishing detailed rules for the application in the pigmeat sector of the arrangements provided for in the free trade agreements between the Community, of the one part, and Estonia, Latvia and Lithuania, of the other part (6), as last amended by Regulation (EC) No 2071/97 (7);
Whereas the provision laying down that the reduction in the customs duty shall be that in force on the day of submission of the export licence application has, in certain cases, limited access to the Community market for pigmeat products; whereas, in order to facilitate the preferential access to the Community market given to the associated countries of central Europe and the Baltic States, the final subparagraph of Article 1 of Regulations (EEC) No 2698/93, (EC) No 1590/94 and (EC) No 2305/95 should be deleted;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
The final subparagraph of Article 1 of Regulation (EEC) No 2698/93 is hereby deleted.
Article 2
The final subparagraph of Article 1 of Regulation (EC) No 1590/94 is hereby deleted.
Article 3
The final subparagraph of Article 1 of Regulation (EC) No 2305/95 is hereby deleted.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 April 1997. | [
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Commission Regulation (EC) No 2876/2000
of 28 December 2000
opening a Community tariff quota for certain goods originating from Turkey (2001)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), as last amended by Commission Regulation (EC) No 2580/2000(2), in particular Article 7(2) thereof,
Having regard to Decision No 1/97 of the EC-Turkey Association Council of 29 April 1997 on the arrangements applicable to certain processed agricultural products(3), and in particular Article 1 thereof,
Whereas:
(1) Decision No 1/97 of the EC-Turkey Association Council establishes, in order to encourage the development of trade in accordance with the objectives of the customs union, annual quotas in terms of value in respect of certain pasta products for the Community and certain processed agricultural products covered by Chapter 19 of the Combined Nomenclature for Turkey.
(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Common Customs Code(4), as last amended by Regulation (EC) No 2787/2000(5), consolidated the arrangements for managing the tariff quotas to be used in chronological order of the dates of acceptance of the declarations for release of free circulation.
(3) the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for horizontal questions concerning trade in processed agricultural products listed in Annex I,
HAS ADOPTED THIS REGULATION:
Article 1
The Community tariff quota specified in the Annex to this Regulation shall be open from 1 January to 31 December 2001.
Admission to the benefit of this tariff quota shall be subject to the presentation of an A.TR. certificate in accordance with Decision No 1/96 of the EC-Turkey Customs Cooperation Committee of 20 May 1996 laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council(6).
Article 2
The Community tariff quota referred to in Article 1 shall be managed by the Commission in accordance with the provisions of Article 308a to c of Regulation (EEC) No 2454/93.
Article 3
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall be applicable from 5 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 December 2000. | [
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Commission Regulation (EC) No 2259/2002
of 18 December 2002
opening an invitation to tender for the allocation of export licences for fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Regulation (EC) No 881/2002(2), and in particular Article 35(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 1961/2001(3), as last amended by Regulation (EC) No 1176/2002(4), lays down detailed rules on export refunds on fruit and vegetables.
(2) Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant quantities of the products listed in that Article to be exported, the difference between the international market prices for those products and their prices in the Community may be covered by export refunds.
(3) Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation or the outlook for fruit and vegetable prices on the Community market and supplies available on the one hand, and prices on the international market on the other hand. Account must also be taken of the costs referred to in Article 35(4)(b) of that Regulation and of the economic aspect of the exports planned.
(4) Under Article 35(1) of Regulation (EC) No 2200/96, refunds are to be set with due regard to the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(5) In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint. International trade prices are to be established in the light of the prices referred to in the second subparagraph of that paragraph.
(6) The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.
(7) Tomatoes, oranges, lemons and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.
(8) Application of the above rules to the present and forecast market situation, and in particular to fruit and vegetable prices in the Community and international trade, gives the refund rates set out in the Annex hereto.
(9) Under Article 35(2) of Regulation (EC) No 2200/96, the resources available should be used as efficiently as possible while avoiding discrimination between traders. Therefore, care should be taken not to disturb the trade flows previously induced by the refund arrangements. For those reasons and because of the seasonal nature of exports of fruit and vegetables, quotas should be fixed for each product.
(10) Commission Regulation (EEC) No 3846/87(5), as last amended by Regulation (EC) No 1007/2002(6), establishes an agricultural product nomenclature for export refunds.
(11) Commission Regulation (EC) No 1291/2000(7), as amended last by Regulation (EC) No 2299/2001(8), lays down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products.
(12) Owing to the market situation, in order to make the most efficient use of the resources available and given the structure of Community exports, the most appropriate method should be selected for export refunds on certain products and certain destinations and consequently refunds under the A1, A2 and A3 licence arrangements referred to in Article 1 of Regulation (EC) No 1961/2001 should not be fixed simultaneously for the export period in question.
(13) The quantities laid down for the various products should be distributed in accordance with the different systems for the grant of the refund, taking account in particular of their perishability.
(14) It should be specified that Regulation (EC) No 1961/2001, and in particular Articles 4 and 5 thereof, are to apply to this invitation to tender.
(15) The Management Committee for Fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The tender submission period, the indicative refund amounts and the scheduled quantities for A3 export licences for fruit and vegetables shall be as set out in the Annex hereto.
2. Quantities covered by licences issued for food aid as referred to in Article 16 of Regulation (EC) No 1291/2000 shall not count against the eligible quantities covered by the Annex.
3. Without prejudice to the application of Article 5(6) of Regulation (EC) No 1961/2001, the term of validity of A3 licences shall be two months.
Article 2
This Regulation shall enter into force on 6 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2002. | [
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Commission Regulation (EC) No 701/2004
of 15 April 2004
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),
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 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 1166/2003(3).
(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 16 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 2004. | [
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COMMISSION DECISION
of 22 March 2007
setting up the Member States’ Expert Group on Digitisation and Digital Preservation
(2007/320/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas:
(1)
Article 157 of the Treaty assigns the Community and the Member States the task of ensuring that the conditions necessary for the competitiveness of the Community's industry exist. Article 151 provides that the Community is to contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.
(2)
The Communication from the Commission entitled ‘i2010 - A European Information Society for growth and employment’ (1) announced a flagship initiative on digital libraries.
(3)
The Communication from the Commission entitled ‘i2010: Digital Libraries’ (2) launched an initiative on digital libraries consisting of actions in the areas of digitisation, online accessibility and digital preservation of cultural material and scientific information.
(4)
The Commission Recommendation 2006/585/EC of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation (3) (hereinafter referred to as the Commission Recommendation) calls on Member States to take action to improve their policies in these areas.
(5)
The Council Conclusions of 13 November 2006 on the digitisation and online accessibility of cultural material and digital preservation (4) (hereinafter referred to as the Council Conclusions), invite the Commission to contribute to improved policy co-ordination in these domains, in particular through the creation of a group of Member States’ experts.
(6)
With a view to achieving these objectives, the Commission needs to call upon the expertise of specialists from the Member States in an advisory group.
(7)
The group should contribute to monitoring progress and assessing the impact of the implementation of the Commission Recommendation and the Council Conclusions. It should also assist co-ordination at European level and exchange information and good practices about Member States’ policies on the digitisation and online accessibility of cultural material and digital preservation.
(8)
It is therefore necessary to set up a Member States’ Expert Group on Digitisation and Digital Preservation and to define its tasks and its structure.
(9)
The group should be composed of representatives from the Member States with competence in the field concerned. The Commission should have the possibility to invite observers, in particular from other European countries and international organisations, or experts with specific competence in a subject on the agenda of the group, in order to achieve effective European cooperation.
(10)
Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (5).
(11)
Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6).
(12)
It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,
HAS DECIDED AS FOLLOWS:
Article 1
The Member States’ Expert Group on Digitisation and Digital Preservation
The group of experts ‘Member States’ Expert Group on Digitisation and Digital Preservation’, hereinafter referred to as ‘the group’, is hereby set up with effect from the date of adoption of this Decision.
Article 2
Task
The group’s tasks shall be:
(a)
to monitor progress and assess the impact of the implementation of the Commission Recommendation of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation and of the Council Conclusions of 13 November 2006 on the digitisation and online accessibility of cultural material and digital preservation;
(b)
to provide a forum for cooperation between Member State bodies and the Commission at European level and to exchange information and good practices of Member States’ policies and strategies on the digitisation and online accessibility of cultural material and digital preservation.
In implementing the above mentioned tasks, the group will take into account the work carried out by other groups set up by the Commission in the area of digitisation and digital preservation.
Article 3
Consultation
The Commission may consult the group on any matter relating to the digitisation and online accessibility of cultural material and digital preservation.
Article 4
Membership - Appointment
1. The group shall normally be composed of up to two representatives appointed by each Member State. In duly justified circumstances, Member States may appoint a third representative. Members shall be appointed taking into account their competence in the domains of digitisation and online accessibility of cultural material and digital preservation.
2. Member States may appoint alternate members for the members of the group in equal numbers and on the same conditions as the members to replace members who are absent.
3. Members of the group shall remain in office until such time as they are replaced or their mandate is renewed.
4. Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 3 of this Article, or Article 287 of the Treaty may be replaced.
5. The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001. The names of members shall be published on the i2010 Digital libraries website (7).
Article 5
Operation
1. The group shall be chaired by the Commission.
2. In agreement with the Commission, sub-groups may be set up to examine specific questions under the terms of reference established by the group. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
3. The Commission’s representative may ask observers, in particular from other European countries and international organisations, or experts with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations as appropriate for achieving effective European cooperation.
4. Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
5. The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
6. The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
7. The Commission may publish in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.
Article 6
Meeting expenses
The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts. Reimbursement of expenses for members is limited to one expert per Member State.
The members, experts and observers shall not be remunerated for the services they render.
Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.
Article 7
Applicability
This Decision shall apply until 31 December 2010.
Done at Brussels, 22 March 2007. | [
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COMMISSION DECISION of 22 November 1994 authorizing the Member States to permit temporarily the marketing of rye seed not satisfying the requirements of Council Directive 66/402/EEC (94/768/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), as last amended by Commission Directive 93/2/EEC (2), and in particular Article 17 thereof,
Having regard to the request submitted by the Kingdom of Denmark,
Whereas in Denmark the production of seed of hybrid varieties of rye satisfying the requirements of Directive 66/402/EEC in relation to minimum germination capacity has been insufficient in 1994 and is therefore not adequate to meet that country's needs;
Whereas it is not possible to cover this demand satisfactorily with seed from other Member States, or from third countries, satisfying all the requirements laid down in the said Directive;
Whereas the Kingdom of Denmark should therefore be authorized to permit for a period expiring on 30 November 1994 the marketing of seed of the abovementioned species subject to less stringent requirements;
Whereas, moreover, other Member States which are able to supply the Denmark with such seed not satisfying the requirements of the Directive should be authorized to permit the marketing of such seed;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
The Kingdom of Denmark is authorized to permit, for a period expiring on 30 November 1994 the marketing in its territory of a maximum of 900 tonnes of seed of hybrid varieties of rye, (Secale cereale L.) which does not satisfy the requirements laid down in Annex II to Directive 66/402/EEC with regard to the minimum germination capacity, provided that the following requirements are satisfied:
(a) the germination capacity is at least 75 % of pure seed;
(b) the official label bears the endorsement 'minimum germination capacity 75 %'.
Article 2
The other Member States are hereby authorized to permit, subject to the conditions laid down in Article 1 and for the purposes intended by the applicant Member State, the marketing in their territory of a maximum of 900 tonnes of rye seed. The official label shall bear the endorsement referred to in Article 1 (b).
Article 3
Member States shall notifiy the Commission before 31 January 1995 of the quantities of seed marketed in their territory pursuant to this Decision. The Commission shall inform the other Member States thereof.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 22 November 1994. | [
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COUNCIL DIRECTIVE 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 (90/425/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 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 Community is to adopt measures designed to establish the internal market progressively over a period expiring on 31 December 1992;
Whereas the harmonious operation of the common organization of the market in animals and products of animal origin implies the dismantling of zootechnical and veterinary barriers to the development of intra-Community trade in the animals and products concerned; whereas, in this respect, the free movement of animals and agricultural products is a fundamental feature of the common organization of markets and should facilitate the rational development of agricultural production and the optimum use of the factors of production;
Whereas, in the veterinary field, frontiers are currently being used for carrying out checks aimed at safeguarding public health and animal health;
Whereas the ultimate aim is to ensure that veterinary checks are carried out at the place of dispatch only; whereas the attainment of this objective implies the harmonization of the basic requirements relating to the safeguarding of animal health;
Whereas, with a view to the completion of the internal market, pending the attainment of this objective, emphasis should be placed on the checks to be carried out at the place of dispatch and in organizing those that could be carried out at the place of destination; whereas such a solution would entail the suspension of veterinary checks at the Community's internal frontiers and whereas, in this context, there is good reason for retaining a health certificate or an identification document, as provided for in Community rules;
Whereas this solution implies increased confidence in the veterinary checks carried out by the State of dispatch, in particular by the setting up of a system for the rapid exchange
of information; whereas the dispatching Member State must ensure that such veterinary checks are carried out in an appropriate manner;
Whereas, in the State of destination, spot veterinary checks could be carried out at the place of destination; whereas, however, in the event of a serious presumption of irregularity, the veterinary check could be carried out while the animals and products are in transit and whereas it is possible to continue to provide for the placing into quarantine in areas which have not been harmonized;
Whereas provision must be made for action to be taken where a veterinary check discloses that the consignment is irregular;
Whereas provision should be made for a procedure for resolving conflicts which could arise concerning consignments from a holding, centre or organization;
Whereas provision must be made for protective measures; whereas in this area, especially for reasons of effectiveness, responsibility must rest firstly with the Member State of dispatch; whereas the Commission must be able to act speedily, in particular by way of on-the-spot visits and adopting measures appropriate to the situation;
Whereas in order to be effective, the rules laid down by this Directive should cover all animals and products that are subject, in intra-Community trade, to veterinary requirements;
Whereas, however, in view of the current state of harmonization and pending Community rules, animals and products that are not the subject of harmonized rules should comply with the requirements of the State of destination provided that the latter are in conformity with Article 36 of the Treaty;
Whereas the abovementioned rules should be applied to zootechnical checks;
Whereas the provisions of existing Directives should be adapted to the new rules laid down in this Directive;
Whereas these rules should be re-examined before the end of 1993;
Whereas the Commission should be entrusted with the task of adopting measures for applying this Directive; whereas, to
that end, provision should be made for procedures establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall ensure that the veterinary checks to be carried out on live animals and products which are covered by the Directives listed in Annex A or on those referred to in the first paragraph of Article 21 and which are intended for trade are no longer carried out, without prejudice to Article 7, at frontiers but are carried out in accordance with this Directive.
Member States shall further ensure that checks on zootechnical documents are subject to the control rules laid down by this Directive.
This Directive shall affect neither checks on the welfare of animals during transport nor checks carried out as part of tasks conducted in a non-discriminatory manner by authorities responsible for the general application of laws in a Member State.
Article 2
For the purposes of this Directive:
1. 'veterinary check' shall mean any physical check and/or administrative formality which applies to the animals or products referred to in Article 1 and which is intended for the protection, direct or otherwise, of public or animal health;
2. 'zootechnical check' shall mean any physical and/or administrative formality which applies to the animals covered by the Directives mentioned in section II of Annex A and which is intended for the direct or indirect improvement of the breeds;
3. 'trade' shall mean trade between Member States within the meaning of Article 9 (2) of the Treaty;
4. 'holding' shall mean an agricultural establishment or premises of a dealer, as defined by the national rules in force, situated in the territory of a Member State and in which the animals referred to in Annexes A and B, with the exception of equidae, are held or regularly kept and the holding as defined in Article 2 (a) of Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of live equidae (4);
5. 'centre or organization' shall mean any undertaking which produces, stores, processes or handles the products referred to in Article 1;
6. 'competent authority' shall mean the central authority of a Member State competent to carry out veterinary or zootechnical checks or any authority to which it has delegated that competence;
7. 'official veterinarian' shall mean the veterinarian appointed by the competent authority.
CHAPTER I
Checks at origin
Article 3
1. Member States shall ensure that only the animals and products referred to in Article 1 that fulfil the following conditions may be the subject of trade:
(a) the animals and products referred to in Annex A must satisfy the requirements of the relevant Directives listed in the said Annex and the animals and products referred to in Annex B must fulfil the animal health requirements of the Member State of destination;
(b)
they must come from holdings, centres or organizations which are subject to regular official veterinary checks in accordance with paragraph 3;
(c)
they must, on the one hand, be identified in accordance with the requirements of Community rules and, on the other hand, be registered in such a way that the original or transit holding, centre or organization can be traced; national identification or registration systems must be notified to the Commission within three months of the date of notification of this Directive.
Before 1 January 1993, Member States must take appropriate measures to guarantee that the identification and registration systems applicable to intra-Community trade are extended to the movement of animals within their territory;
(d)
they must, when transported, be accompanied by health certificates and/or any other documents as provided for in the Directives referred to in Annex A and, for the other animals and products, by the rules of the Member State of destination;
Those certificates or documents, issued by the official veterinarian responsible for the holding, centre or organization of origin and, in the case of documents required by the zootechnical legislation referred to in section II of Annex A, by the competent authority, must accompany the animal, animals and products to its/their destination(s);
(e)
susceptible animals, or products of susceptible animals, must not originate:
ii(i) from holdings, centres or organizations, areas or regions which are subject to restrictions determined in accordance with Community rules, where applicable, for the animals concerned or products from the animals concerned because of the suspicion, outbreak or existence of a disease referred to in Annex C or because of the application of safeguard measures;
i(ii)
from a holding, centre, organization, area or region which is the subject of official restrictions because of the suspicion, outbreak or existence of a disease other than those referred to in Annex C or of the application of safeguard measures;
(iii)
in cases where they are intended for holdings, centres or organizations situated in the Member States which have obtained the guarantees pursuant to Article 9 of Directive 64/432/EEC or other equivalent Community rules which have been or will be adopted or in a State recognized, by Community legislation, as free, in all or part of its territory, of a disease, from a holding which does not provide the guarantees which may be required by that Member State with respect to diseases other than those listed in Annex C;
(iv)
when they are intended for a Member State or part of the territory of a Member State which has benefited from the additional guarantees pursuant to Article 9 of Directive 64/432/EEC or other equivalent Community rules which have been or will be adopted, from a holding, centre or organization and, should the case arise, from a part of the territory which does not offer the additional guarantees provided for.
The competent authority of the country of origin shall ensure, before issuing the certificate or accompanying document, that the holdings, centres or organizations comply with the requirements provided for in this point;
(f)
where the transport operation involves several places of destination, animals and products must be grouped together in as many consignments as there are places of destination. Each consignment must be accompanied by the certificates and/or documents referred to in (d);
(g)
where animals and products covered by the Directives referred to in Annex A which comply with Community rules are intended for export to a third country through the territory of another Member State, the transport operation must - except in cases of urgent need duly authorized by the competent authority in order to ensure the welfare of the animals - remain under customs supervision up to the point of exit from Community territory, in accordance with detailed arrangements to
be drawn up by the Commission, acting under the procedure laid down in Article 18 or, where appropriate, in Article 19.
Moreover, in the cases of animals and products not complying with Community rules or animals and products referred to in Annex B, transit may take place only if it has been expressly authorized by the competent authority of the Member State of transit.
2. Member States shall also ensure that:
- the animals and products referred to in Article 1 which might have to be slaughtered under a national programme for the eradication of diseases not referred to in Annex C are not dispatched to the territory of another Member State;
- the animals and products referred to in Annex A or the animals and products referred to in Annex B are not dispatched to the territory of another Member State if they cannot be marketed on their own territory for health or animal health reasons justified by Article 36 of the Treaty.
3. Without prejudice to the monitoring duties assigned to the official veterinarian under Community legislation, the competent authority shall carry out checks on holdings, approved markets and assembly centres, centres or organizations in order to satisfy itself that animals and products intended for trade comply with Community requirements and in particular fulfil the conditions laid down in paragraph 1 (c) and (d) with regard to identification.
Where there are grounds for suspecting that Community requirements are not being met, the competent authority shall carry out the necessary checks and, if the suspicion is confirmed, take the appropriate measures, which may include isolation of the holding, centre or organization concerned.
4. Under the procedure laid down in Article 18 or, where appropriate, in Article 19, the Commission may adopt detailed rules for the application of this Article, in particular to take account of the species concerned.
Article 4
1. Member States of dispatch shall take the necessary measures to ensure that:
(a) the holders of livestock and products referred to in Article 1 comply with the national or Community health or zootechnical requirements referred to in this Directive at all stages of production and marketing;
(b)
the animals and products referred to in Annex A are checked at least as carefully, from a veterinary viewpoint, as if they were intended for the national market, unless specifically provided otherwise by Community rules;
(c)
animals are transported in suitable means of transport which satisfy hygiene rules.
2. The competent authority of the Member State of origin which issued the certificate or document accompanying the animals and products shall communicate, on the day on which they were issued and by means of the computerized system provided for in
Article 20, to the central competent authority of the Member State of destination and to the competent authority of the place of destination, data to be determined by the Commission, according to the procedure provided for in Article 18.
3. Member States of dispatch shall take the appropriate measures to penalize any infringement of veterinary or zootechnical legislation by natural or legal persons where it is found that Community rules have been infringed, and in particular where it is found that certificates, documents or identification marks do not correspond to the status of the animals or to their holdings of origin or to the actual characteristics of the products.
CHAPTER II
Checks on arrival at destination
Article 5
1. Member States of destination shall implement the following inspection measures:
(a) the competent authority may, at the places of destination of animals and products, establish by means of non-discriminatory veterinary spot checks that the requirements of Article 3 have been complied with; it may take samples at the same time.
Furthermore, checks may also be carried out during the transport of animals and products in its territory where the competent authority of the Member State of transit or of the Member State of destination has information leading it to suspect an infringement;
(b) furthermore, where the animals referred to in Article 1 and originating in another State are intended:
ii(i) for an approved market or assembly centre as defined by Community rules, the operator thereof shall be responsible for the admission of animals not meeting the requirements of Article 3 (1).
The competent authority must check, by means of non-discriminatory inspections of the certificates or documents accompanying the animals, that the animals meet the said requirements;
i(ii)
for a slaughterhouse placed under the supervision of an official veterinarian, the latter must ensure, in particular on the basis of the certificate or
accompanying document, that only animals that meet the requirements of Article 3 (1) are slaughtered.
The operator of the slaughterhouse shall be responsible for slaughtering animals which do not meet the requirements of Article 3 (1) (c)
and (d);
(iii)
for a registered dealer who divides up the consignments or for any establishment not subject to permanent supervision, such dealer or establishment shall be regarded by the competent authority as the consignee of the animals and the conditions laid down in the second subparagraph shall apply;
(iv)
for holdings, centres or organizations including, where the consignment is partly unloaded during transport, each animal or group of animals must be accompanied, in accordance with Article 3 by the original of the health certificate or accompanying document until it reaches the consignee mentioned therein.
The consignees referred to in points (iii) and (iv) of the first subparagraph must, before the consignment is divided up or subsequently marketed, check that the identification marks, certificates or documents referred to in Article 3 (1) (c) and (d) are present, notify the competent authority of any irregularity or anomaly and, in the latter case, isolate the animals in question until the competent authority has taken a decision regarding them.
The guarantees which must be furnished by the consignees referred to in points (iii) and (iv) of the first subparagraph shall be specified in an agreement with the competent authority to be signed at the time of the prior registration provided for in
Article 12. The competent authority shall carry out random checks to verify compliance with those guarantees.
This point shall apply mutatis mutandis to consignees of the products referred to in Article 1.
2. All the consignees appearing on the certificate or document provided for in Article 3 (1) (d):
(a) must, at the request of the competent authority of the Member State of destination and to the extent necessary to carry out the checks referred to in paragraph 1, report in advance the arrival of animals and products from another Member State and, in particular, the nature of the consignment and the anticipated arrival date.
However, the time limit for notification shall as a general rule not be more than one day; nevertheless, in exceptional circumstances, Member States may require two days' advance notification.
This notification is not required for registered horses bearing an identification document provided for by Directive 90/427/EEC;
(b) shall keep for a period of not less than six months, to be specified by the competent authority, the health
certificates or documents referred to in Article 3 for presentation to the competent authority should the latter so request.
3. The detailed rules for implementing this Article shall be adopted in accordance with the procedure laid down in Article 18 or, where appropriate, in Article 19.
Article 6
1. Where Community rules or, in areas which have not yet been harmonized, national provisions which comply with the general rules of the Treaty require that live animals be put into quarantine, the latter shall normally take place at the holding of destination.
2. A quarantine station may be used if this is justified from a veterinary viewpoint. Such station shall be regarded as the place of destination of the consignment. The Member State concerned shall notify the Commission of the grounds on which such action is being taken.
3. Obligations relating to quarantine and the location of the latter shall be specified in the veterinary requirements referred to in the second subparagraph of Article 21.
Article 7
1. Member States shall ensure that during the checks carried out at the places where animals and products referred to in Article 1 from a third country may be brought into Community territory, such as ports, airports and frontier posts with third countries, the following measures are taken:
(a) the certificates or documents accompanying the animals and products are checked;
(b) where animals and products are imported from third countries, they must be sent, under customs supervision, to inspection posts in order that veterinary checks may be carried out.
The animals and products referred to in Annex A may not be given customs clearance unless those checks have shown that they comply with Community rules;
(c) Community animals and products shall be subject to the control rules laid down in Article 5.
2. The animals and products referred to in Annex B and those which are imported on the basis of national animal health standards must be brought directly into Community territory via one of the inspection posts of the Member State which intends to import them and be inspected there in accordance with paragraph 1 (b).
Member States which make imports from third countries on the basis of national animal health rules shall inform the Commission and the other Member States, in particular
Member States of transit, of the existence of such imports and of the requirements to which they subject such imports.
Member States of destination shall prohibit animals from being sent on from their territory unless they have remained there for the periods laid down in the specific Community legislation and likewise the products referred to in the second subparagraph unless they are bound, without transit, for another Member State using the same option.
However, pending the adoption of Community rules, those animals and products may be brought into the territory of a Member State other than that referred to in the second subparagraph following prior agreement given by that other Member State in a general manner and, where appropriate, by a Member State of transit on the arrangements for control. Member States shall inform the Commission and the other Member States in the framework of the Standing Veterinary Committee when they are making use of this derogation and of the control arrangements agreed upon.
3. However, from 1 January 1993 and by way of derogation from paragraph 1, all animals and products transported by regular, direct means of transport linking two geographical points of the Community shall be subject to the control rules laid down in
Article 5.
Article 8
1. If, during a check carried out at the place of destination of a consignment or during transport, the competent authorities of a Member State establish:
(a) the presence of agents responsible for a disease referred to in Directive 82/894/EEC (5), as last amended by Commission Decision 90/134/EEC (6), a zoonosis or disease, or any cause likely to constitute a serious hazard to animals or humans, or that the products come from a region contaminated by an epizootic disease, they shall order that the animal or consignment of animals be put in quarantine at the nearest quarantine station or slaughtered and/or destroyed.
Costs relating to the measures provided for in the first subparagraph shall be borne by the consignor or his representative or the person responsible for the products or animals.
The competent authorities of the Member State of destination shall immediately notify the competent authorities of the other Member States and the Commission in writing, by the most appropriate means, of the findings arrived at, the decisions taken and the reasons for such decisions.
The protective measures provided for in Article 10 may be applied.
At a Member State's request and in accordance with the procedure laid down in Article 17, the Commission may, moreover, adopt any measure necessary for achieving a concerted approach by the Member States to deal with situations not covered by Community rules;
(b) that, without prejudice to point (a), the animals and products do not meet the conditions laid down by Community Directives or, where the Member State obtains the guarantees pursuant to Article 9 of Directive 64/432/EEC or equivalent Community rules which have been or will be adopted, by national animal health rules, they may, provided that public or animal health considerations so permit, give the consignor or his representative the choice of:
- maintenance of the animals and products under supervision until compliance with rules is confirmed where residues are present, and, in the event of failure to comply with those rules, application of the measures provided for by Community legislation,
- slaughtering of the animals or the destruction of the products,
- return of the animal or consignment, with the authorization of the competent authority of the Member State of dispatch and prior notification of the Member State(s) of transit.
However, if the certificate or documents are found to contain irregularities, the owner or his representative must be granted a period of grace before recourse is had to this last possibility.
2. In accordance with the procedure laid down in Article 18, the Commission shall draw up a list of the diseases referred to in paragraph 1 and detailed rules for the application of this Article.
Article 9
1. In the cases provided for in Article 8, the competent authority of the Member State of destination shall contact the competent authorities of the Member State of dispatch without delay. The latter authorities shall take all necessary measures and notify the competent authority of the first Member State of the nature of the checks carried out, the decisions taken and the reasons for such decisions.
If the competent authority of the Member State of destination fears that such measures are inadequate, the competent authorities of the two Member States shall together seek ways and means of remedying the situation; if appropriate, this may involve an on-the-spot inspection.
Where the checks provided for in Article 8 show repeated irregularities, the competent authority of the Member State
of destination shall inform the Commission and the competent authorities of the other Member States.
The Commission, at the request of the competent authority of the Member State of destination or on its own initiative, and taking into account the nature of the infringements established, may:
- send inspectors, in collaboration with the competent national authorities, to the place concerned,
- instruct an official veterinarian, whose name shall be on a list to be prepared by the Commission at the suggestion of the Member States, and who is acceptable to the various parties concerned, to check the facts on the spot,
- request the competent authority to intensify checks on the holding, the centre, the organization, the approved market or assembly centre or the region of origin.
It shall inform the Member States of its findings.
Pending the Commission's findings, the Member State of dispatch must, at the request of the Member State of destination, intensify checks on animals and products coming from the holding, centre, organization, approved market or assembly centre or region in question, and if there are serious public or animal health grounds, suspend issue of any certificates or movement documents.
The Member State of destination may, for its part, intensify checks on animals coming from the same holding, centre, organization, approved market or assembly centre or region.
At the request of one of the two Member States concerned - where the irregularities are confirmed by the expert's opinion - the Commission must, in accordance with the procedure laid down in Article 17, take the appropriate measures, which may go as far as authorizing the Member States to prohibit provisionally the bringing into their territory of animals and products coming from that holding, centre, organization, approved market or assembly centre or region. These measures must be confirmed or reviewed as soon as possible in accordance with the procedure laid down in Article 17.
2. Except in cases provided for in the fourth subparagraph, rights of appeal existing under the laws in force in the Member States against decisions by the competent authorities shall not be affected by this Directive.
Decisions taken by the competent authority of the State of destination and the reasons for such decisions shall be notified to the consignor or his representative and to the competent authority of the Member State of dispatch.
If the consignor or his representative so requests, the said decisions and reasons shall be forwarded to him in writing
with details of the rights of appeal which are available to him under the law in force in the Member State of destination and of the procedure and time limits applicable.
However, in the event of a dispute, the two parties concerned may, if they so agree, within a maximum period of one month, submit the dispute for the assessment of an expert whose name appears on a list of Community experts to be drawn up by the Commission; the cost of consulting the expert shall be borne by the Community.
Such experts shall issue their opinions within not more than 72 hours or after receiving the results of any analyses. The parties shall abide by the expert's opinion, with due regard for Community veterinary legislation.
3. The costs of returning the consignment, holding or isolating the animals or, if appropriate, slaughtering or destroying them shall be borne by the consignor, his representative or the person responsible for the animals or products.
4. The detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 18 or, where appropriate, in Article 19.
CHAPTER III
Common provisions
Article 10
1. Each Member State shall immediately notify the other Member States and the Commission of any outbreak in its territory, in addition to an outbreak of diseases referred to in Directive 82/894/EEC, of any zoonoses, diseases or other cause likely to constitute a serious hazard to animals or to human health.
The Member State of dispatch shall immediately implement the control or precautionary measures provided for in Community rules, in particular the determination of the buffer zones provided for in those rules, or adopt any other measure which it deems appropriate.
The Member State of destination or transit which, in the course of a check referred to in Article 5, has established the existence of one of the diseases or causes referred to in the first subparagraph may, if necessary, take the precautionary measures provided for in Community rules, including the quarantining of the animals.
Pending the measures to be taken in accordance with paragraph 4, the Member State of destination may, on serious public or animal health grounds, take interim protective measures with regard to the holdings, centres or
organizations concerned or, in the case of an epizootic disease, with regard to the buffer zone provided for in Community rules.
The measures taken by Member States shall be notified to the Commission and to the other Member States without delay.
2. At the request of the Member State referred to in the first subparagraph of paragraph 1 or on the initiative of the Commission, one or more Commission representatives may go at once to the place concerned to examine, in collaboration with the competent authorities, what measures have been taken, and shall issue an opinion on those measures.
3. If the Commission has not been informed of the measures taken, or if it considers the measures taken to be inadequate, it may, in collaboration with the Member State concerned and pending the meeting of the Standing Veterinary Committee, take interim protective measures with regard to animals or products from the region affected by the epizootic disease or from a given holding, centre or organization. These measures shall be submitted to the Standing Veterinary Committee as soon as possible to be confirmed, amended or cancelled in accordance with the procedure laid down in Article 17.
4. The Commission shall in all cases review the situation in the Standing Veterinary Committee at the earliest opportunity. It shall adopt the necessary measures for the animals and products referred to in Article 1 and, if the situation so requires, for the products derived from those animals, in accordance with the procedure laid down in Article 17. The Commission shall monitor the situation and, by the same procedure, shall amend or repeal the decisions taken, depending on how the situation develops.
5. Detailed rules for the application of this Article, and in particular the list of zoonoses or causes likely to constitute a serious hazard to human health, shall be adopted in accordance with the procedure laid down in Article 18.
Article 11
Each Member State and the Commission shall appoint the veterinary department or departments responsible for carrying out the veterinary checks and collaborating with the other Member States' inspection departments.
Article 12
Member States shall ensure that all dealers engaging in intra-Community trade in the animals and/or products covered by Article 1:
(a) are required, at the request of the competent authority, to register beforehand in an official register;
(b) keep a record of deliveries and, for the consignees referred to in Article 5 (1) (b) (iii), of the subsequent destination of the animals and products.
The said record shall be preserved for a period to be determined by the competent national authority so that it can be presented to the competent authority on request.
Article 13
The Member States shall also ensure that the officials of their veterinary departments, if appropriate in collaboration with the officials of other departments empowered to that end, are able in particular to:
- carry out inspections of holdings, installations, means of transport and processes used for the marking and identification of animals,
- check, as regards the products listed in Annex A, that the personnel are complying with the requirements laid down in the texts referred to in that Annex,
- take samples from:
i(i) animals held with a view to being sold, put on the market or transported;
(ii) products held with a view to being stored or sold, put on the market or transported,
- examine documentary or data processing material relevant to the checks carried out further to the measures taken under this Directive.
Member States must require the holdings, centres or organizations being checked to afford the collaboration necessary for the performance of the aforementioned tasks.
Article 14
1. Directive 64/432/EEC (7), as last amended by Directive 89/662/EEC (8), is hereby amended as follows:
(a) Article 6 is replaced by the following:
'Article 6
Animals for slaughter which have been taken on arrival in the country of destination either directly or via an approved market or assembly centre to a slaughterhouse must be slaughtered there as soon as possible, in accordance with animal health requirements.
Animals for slaughter which have been taken on arrival in the country of destination to a market adjoining a slaughterhouse under whose rules all animals may be removed, in particular after the market, only to a slaughterhouse approved for this purpose by the competent central authority must be slaughtered at that slaughterhouse not later than five days after arriving at the market.
The competent authority of the country of destination may, in the light of animal health considerations, designate the slaughterhouse to which those animals must be sent.'
(b) Article 7 (3) and the first subparagraph of Article 8 (2) are hereby deleted.
(c) Articles 9 and 10 are replaced by the following:
'Article 9
1. A Member State which has a national control programme for one of the contagious diseases not referred to in Annex E for all or part of its territory may submit the said programme to the Commission, outlining in particular:
- the distribution of the disease in the Member State,
- the reasons for the programme, taking into consideration the importance of the disease and the programme's likely benefit in relation to its cost,
- the geographical area in which the programme will be implemented,
- the status categories to be applied to the animal establishments, the standards which must be attained in each category, and the test procedures to be used,
- the programme monitoring procedures,
- the action to be taken if, for any reason, an establishment loses its status,
- the measures to be taken if the results of the tests carried out in accordance with the provisions of the programme are positive.
2. The Commission shall examine the programmes presented by the Member States. Programmes as referred to in paragraph 1 may be approved in compliance with the criteria laid down in paragraph 1 in accordance with the procedure provided for in Article 12. According to the same procedure, the additional guarantees, general or limited, which may be required in intra-Community trade, shall be defined at the same time or at the latest three months after approval of the programmes. Such guarantees must not exceed those which the Member State implements nationally.
3. Programmes submitted by Member States may be amended or supplemented in accordance with the procedure laid down in Article 12. Amendments or additions to programmes which have already been approved or to guarantees which have been defined in accordance with paragraph 2 may be approved under the same procedure.
Article 10
1. Where a Member State considers that its territory or part of its territory is free from one of the diseases to which bovine animals and swine are susceptible, it shall present to the Commission appropriate supporting documentation, setting out in particular:
- the nature of the disease and the history of its occurrence in its territory,
- the results of surveillance testing based on serological, microbiological, pathological or epidemiological investigation and on the fact that the disease must by law be notified to the competent authorities,
- the period over which the surveillance was carried out,
- where applicable, the period during which vaccination against the disease has been prohibited and the geographical area concerned by the prohibition,
- the arrangements for verifying the absence of the disease.
2. The Commission shall examine documentation submitted by Member States. The additional guarantees, general or specific, which may be required in intra-Community trade may be defined in accordance with the procedure laid down in Article 12. Such guarantees must not exceed those which the Member State implements nationally. Where justification is submitted before 1 July 1991, decisions on additional guarantees shall be taken before 1 January 1992.
3. The Member State concerned shall notify the Commission of any change in the particulars specified in paragraph 1 which relate to the disease. The guarantees defined as laid down in paragraph 2 may, in the light of such notification, be amended or withdrawn in accordance with the procedure laid down in Article 12.'
2. Subparagraphs 2 to 5 of Article 5 (2) and Articles 7 and 15 of Directive 88/407/EEC (9) are hereby deleted.
3. Subparagraphs 2 to 4 of Article 5 (2) and Article 14 of Directive 89/556/EEC (10) are hereby deleted.
4. In the fifth line of the first subparagraph of Article 13 of Directive 72/462/EEC (11), as last amended by Directive 89/227/EEC (12), 'three' is replaced by 'five'.
Article 15
1. The following Article is inserted in Directives 64/432/EEC and 89/556/EEC:
'Article 14
The rules laid down in Council Directive 90/425/EEC of
26 June 1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products with a view to the completion of the internal market (*), shall apply in particular to checks at origin, to
the organization of, and follow-up to, the checks to be carried out by the country of destination, and to the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.
2. The following Article is inserted in Directive 88/407/EEC:
'Article 15
The rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products with a view to the completion of the internal market (*), shall apply in particular to checks at origin, to the organization of, and follow-up to, the checks to be carried out by the Member State of destination, and follow up to, the checks to be carried out by the Member State of destination, and to the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.
3. Article 9 of Directive 90/426/EEC is replaced by the following:
'Article 9
The rules laid down in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks in intra-Community trade in certain live animals and products with a view to the completion of the internal market (*), shall apply in particular to checks at origin, to the organization of, and follow-up to, the checks to be carried out by the Member State of destination, and to the safeguard measures to be implemented.
(*) OJ No L 224, 18. 8. 1990, p. 29.
Article 16
The Commission may, in accordance with the procedure laid down in Article 18, amend the list of diseases referred to in Annex C.
Article 17
Where reference is made to the procedure provided for in this Article, the Standing Veterinary Committee set up by Decision 68/361/EEC (13) shall take decisions in accordance with the rules established in Article 17 of Directive 89/662/EEC.
Article 18
Where reference is made to the procedure defined in this Article, the Standing Veterinary Committee shall take decisions in accordance with Article 18 of Directive 89/662/EEC.
Article 19
Where reference is made to the procedure defined in this Article, the Standing Zootechnical Committee set up by Decision 77/505/EEC (14) shall take decisions in accordance with the rules established in Article 11 of Directive 88/661/EEC (15).
CHAPTER IV
Final and transitional provisions
Article 20
1. The Commission shall introduce, in accordance with the procedure laid down in Article 18, a computerized system linking veterinary authorities, with a view, in particular, to facilitating the exchange of information between the competent authorities of regions where a health certificate or document accompanying the animals and products of animal origin has been issued and the competent authorities of the Member State of destination.
2. The procedures for the Community's financial contribution, as provided for in Article 37 of Decision 90/424/EEC and necessary for the implementation of this programme, shall be adopted in accordance with the procedure provided for in Article 42 of the said Decision.
3. According to the procedure provided for in Article 18, the Commission shall adopt the procedure for applying this Article and, in particular, the appropriate standards for the exchange of data and rules for the security of data exchanged.
Article 21
Until 31 December 1992, trade in the animals and products listed in Annex B shall, pending the adoption of Community rules, and without prejudice to the maintenance of any national rules laid down for the identification of batches, be subject to the control rules laid down by this Directive, in particular those mentioned in the second part of the sentence of Article 3 (1) (a).
Member States shall communicate to the Commission and the other Member States, before the date laid down in Article 22, the conditions and procedures currently applicable to admission to their territory of the animals and products referred to in the first paragraph, including the rules for identification.
In accordance with the procedure laid down in Article 17, the Commission shall determine the measures necessary for the computerization of the statements of conditions mentioned in the second subparagraph.
The control rules provided for the animals and products referred to in Annex A shall be extended to the animals and products of animal origin not yet covered by this Annex when
the harmonized rules governing trade therein are adopted. Before 1 January 1992 the Council shall decide on the inclusion on 31 December 1992 in the scope of Directive 89/662/EEC and of this Directive of the animals and products of animal origin not covered by the said Directives.
Article 22
1. Member States shall submit to the Commission before 1 October 1991 a programme setting out the national measures which they intend to take to achieve the stated objectives of this Directive, in particular the frequency of checks.
2. The Commission shall examine the programmes communicated by the Member States in accordance with paragraph 1.
3. Each year, and for the first time in 1992, the Commission shall address to the Member States a recommendation on a programme of checks for the following year; the Standing Veterinary Committee will have expressed its opinion on the recommendation in advance. This recommendation may be subject to later adaptations.
Article 23
1. Before 1 January 1991, the Council, acting by a qualified majority on a proposal from the Commission, shall decide on the rules and general principles applicable upon checks to be carried out in third countries and upon checks on imports from third countries of animals and products covered by this Directive. In the same way, the check posts at the external frontiers, as well as the requirements to be satisfied by those posts, shall be fixed before that date.
2. Before 1 January 1993, the Council shall, on the basis of a report from the Commission on the experience gained, accompanied by any relevant proposals, on which it will decide by a qualified majority, review the provisions of this Directive, and in particular those of Article 10 and Article 5 (2) (a).
Article 24
Until 31 December 1992 or at the latest 12 months after the date on which Member States have to conform to Directive 90/423/EEC, and in order to permit the gradual implementation of the checking arrangements laid down by this Directive, Member States may, by way of derogation from Article 5 (1):
- maintain documentary checks during transport of animals and products covered by Annexes A and B in order to satisfy themselves that the specific requirements laid down by Community rules have been complied with,
- operate documentary checks during transport on animals and products imported from third countries and intended for them.
Article 25
The Council, acting by a qualified majority on a proposal from the Commission, shall determine, before 1 October 1992, the arrangements which are to apply when the transitional provisions provided for in Article 24 expire.
Article 26
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with:
i(i) Article 10 of this Directive and Article 9 of Directive 89/662/EEC, two months after the date of notification of this Directive;
(ii) the other provisions of this Directive, at a date to be set when the Decision to be adopted before 31 December 1990 but not later than 31 December 1991 is taken.
However, the Hellenic Republic shall have an additional time limit of one year in which to conform to these other provisions.
Article 27
This Directive is addressed to the Member States.
Done at Luxembourg, 26 June 1990. | [
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COMMISSION REGULATION (EEC) No 843/90
of 30 March 1990
reintroducing the levying of the customs duties on women's or girls' dresses, products of category No 16 (order No 40.0260) and women's or girls' suits and ensembles products of category No 29 (order No 40.0290) originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3897/89 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3897/89 of 18 December 1989 applying generalized tariff preferences for 1990 in respect of textile products originating in developing countries (1), and in particular Article 12 thereof,
Whereas pursuant to Article 10 of Regulation (EEC) No 3897/89, preferential tariff treatment shall be accorded for each category of products subjected in Annexes I and II to individual ceilings within the limits of the quantities specified in column 8 of its Annex I and column 7 of its Annex II, in respect of certain or each of the same Annexes; whereas Article 11 of that Regulation provides that the levying of customs duties may be reintroduced at any time in respect of imports of the products in question as soon as the relevant individual ceilings are reached at Community level;
Whereas, in respect of women's or girls' dresses, products of category No 29 (order No 40.0260) and women's or girls' suits and ensembles, products of category No 29 (order No 40.0290) originating in Pakistan, the relevant ceiling amounts, respectively to 376 000 and 118 000 pieces; whereas that ceiling was reached on 19 March 1990 by charges of imports into the Community of the products in question originating in Pakistan, a country covered by preferential tariff arrangements, reached and were charged against that ceiling; whereas it is appropriate to reintroduce the levying of customs duties for the products in question with regard to Pakistan,
HAS ADOPTED THIS REGULATION:
Article 1
As from 6 April 1990 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3897/89, shall be reintroduced on imports into the Community of the following products, originating in Pakistan:
1.2.3.4 // // // // // Order No // Category (unit) // CN code // Description // // // // // // // // // 40.0260 // 26 (1 000 pieces) // 6104 41 00 6104 42 00 6104 43 00 6104 44 00 6204 41 00 6204 42 00 6204 43 00 6204 44 00 // Women's or girls dresses, of wool, of cotton or man-made fibres // 40.0290 // 29 (1 000 pieces) // 6204 11 00 6204 12 00 6204 13 00 6204 19 10 6204 21 00 6204 22 90 6204 23 90 6204 29 19 // Women's or girls' suits and ensembles other than knitted or crocheted, of wool, of cotton or man-made fibres, excluding // // // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 March 1990. | [
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COUNCIL DECISION
of 1 December 2008
appointing one Danish member and one alternate member of the Committee of the Regions
(2008/917/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal of the Danish Government,
Whereas:
(1)
On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).
(2)
One member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Bo ANDERSEN. One alternate member’s seat becomes vacant following the appointment of Mr Jens Arne HEDEGAARD JENSEN as a member of the Committee of the Regions,
HAS DECIDED AS FOLLOWS:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:
(a)
as member:
Mr Jens Arne HEDEGAARD JENSEN, Viceborgmester, Brønderslev Kommune (change of mandate);
(b)
as alternate member:
Mr Bo ANDERSEN, Borgmester, Faaborg-Midtfyn Kommune (change of mandate).
Article 2
This Decision shall take effect on the day of its adoption.
Done at Brussels, 1 December 2008. | [
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DIRECTIVE 94/10/EC OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of 23 March 1994 materially amending for the second time Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 100A, 213 and 43 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 referred to in Article 189B of the Treaty,
Whereas in order to promote the smooth functioning of the internal market as much transparency as possible should be ensured as regards national initiatives for the establishment of technical standards or regulations by amending the procedure for the provision of information laid down in Directive 83/189/EEC (3);
Whereas in order to remove barriers to the smooth functioning of the internal market the scope of the said Directive should be extended;
Whereas in the light of past experience the procedure for notifying the work programmes of the national standardization bodies should be amended in order to define more clearly the information which has to be notified and to make the procedure more flexible and less cumbersome;
Whereas systematic notification is actually necessary only in the case of new subjects for standardization and in so far as the treatment of these subjects at national level may give rise to differences in national standards which are liable to disturb the functioning of the market as a result; whereas any subsequent notification or communication relating to the progress of national activities must depend on the interest in such activities expressed by those to whom this new subject has already been communicated;
Whereas the Commission must nevertheless be able to request the communication of all or part of the national standardization programmes so that it can review the development of standardization activity in particular economic sectors;
Whereas the European standardization system must be organized by and for the parties concerned, on a basis of coherence, transparency, openness, consensus, independence of special interests, efficiency and decision-making based on national representation;
Whereas the functioning of standardization in the Community must be based on fundamental rights for the national standardization bodies, such as the possibility of obtaining draft standards, being informed of the action taken in response to comments submitted, being associated with national standardization activities or requesting the preparation of European standards in place of national standards; whereas it is for the Member States to take the appropriate measures in their power to ensure that their standardization bodies observe these rights;
Whereas the provisions contained in Directive 83/189/EEC concerning the standstill arrangements applicable to national standardization bodies when a European standard is in preparation must be brought into line with the relevant provisions adopted by the standardization bodies within the framework of the European standardization bodies;
Whereas, as far as technical regulations for products are concerned, the measures designed to ensure the proper functioning or the continued development of the market include greater transparency of national intentions and a broadening of the criteria and conditions for assessing the potential effect of the proposed regulations on the market;
Whereas it is therefore necessary to assess all the requirements laid down in respect of a product and to take account of developments in national practices for the regulation of products;
Whereas requirements, other than technical specifications, referring to the life cycle of a product after it has been placed on the market are liable to affect the free movement of that product or to create obstacles to the proper functioning of the internal market;
Whereas the implementation of Directive 83/189/EEC has revealed the need to clarify the concept of a de facto technical regulation; whereas, in particular, the provisions by which the public authority refers to technical specifications or other requirements, or encourages the observance thereof, and the provisions referring to products with which the public authority is associated, in the public interest, have the effect of conferring on such requirements or specifications a more binding value than they would otherwise have by virtue of their private origin;
Whereas it is therefore imperative that the urgency procedure be adapted in a way that reflects experience to date.
Whereas experience of the operation of Directive 83/189/EEC has also revealed the need to clarify or explain in more detail certain definitions, rules of procedure or obligations of the Member States under the directive, without prejudice to their obligations concerning the implementation of other Community directives;
Whereas the aim of the internal market is to create an environment that is conducive to the competitiveness of undertakings; whereas increased provision of information is one way of helping undertakings to make more of the advantages inherent in this market; whereas it is therefore necessary to enable economic operators to give their assessment of the impact of the national technical regulations proposed by other Member States by providing for the regular publication of the titles of notified drafts and by amending the provisions relating to the confidentiality of such drafts;
Whereas it is appropriate, in the interests of legal certainty, that Member States publicly announce that a national technical regulation has been adopted in accordance with the formalities laid down in Directive 83/189/EEC as last amended by this Directive;
Whereas it is inherent in the internal market that, in particular where the principle of mutual recognition cannot be implemented by the Member States, the Commission proposes the adoption of binding Community acts; whereas a specific temporary standstill period has been established in order to prevent the introduction of national measures from compromising the adoption, by the Council, of Commission proposals in the same field;
Where experience has shown that, in order to be suited to its purpose, the standstill period must be prolonged in order to make additional allowance for the time taken by discussions in the Council; whereas, also with a view to facilitating the adoption of Community measures by the Council, Member States should refrain from adopting technical regulations once the Council has adopted a common position on a Commission proposal concerning that sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 83/189/EEC is hereby amended as follows:
1. Article 1 shall be amended as follows:
(a) paragraph 7 shall become paragraph 1;
(b) paragraph 1 shall be replaced by the following:
'2. "technical specification", a specification contained in a document which lays down the characteristics required of a product such as levels of quality, performance, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;
The term "technical specification" also covers production methods and processes used in respect of agricultural products as referred to in Article 38 (1) of the Treaty, products intended for human and animal consumption, and medicinal products as defined in Article 1 of Directive 65/65/EEC (*), as well as production methods and processes relating to other products, where these have an effect on their characteristics.
3. "other requirement", a requirement, other than a technical specification, imposed on a product for the purpose of protecting, in particular, consumers or the environment, and which affects its life cycle after it has been placed on the market, such as conditions of use, recycling, reuse or disposal, where such conditions can significantly influence the composition or nature of the product or its marketing;
(*) OJ No 22, 9. 2. 1965, p. 369/65. Directive as last amended by Directive 93/39/EEC (OJ No L 214, 24. 8. 1993, p. 22).';
(c) paragraph 2 shall be replaced by the following:
'4. "standard", a technical specification approved by a recognized standardization body for repeated or continuous application, with which compliance is not compulsory and which is one of the following:
- international standard: a standard adopted by an international standardization organization and made available to the public,
- European standard: a standard adopted by a European standardization body and made available to the public,
- national standard: a standard adopted by a national standardization body and made available to the public;' (d) paragraph 3 shall be replaced by the following:
'5. "standards programme", a work programme of a recognized standardization body listing the subjects on which standardization work is being carried out;' (e) paragraph 4 shall become paragraph 6;
(f) paragraph 7 shall be replaced by the following:
'7. "European standardization body", a body referred to in Annex I';
(g) the following paragraphs shall be added:
'8. "national standardization body", a body referred to in Annex II;
9. "technical regulation", technical specifications and other requirements, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing or use in a Member State or a major part thereof, as well as laws, regulations or administrative provisions of Member States, except those provided for in Article 10, prohibiting the manufacture, importation, marketing or use of a product.
De facto technical regulations include:
- laws, regulations or administrative provisions of a Member State which refer either to technical specifications or other requirements or to professional codes or codes of practice which in turn refer to technical specifications or other requirements and compliance with which confers a presumption of conformity with the obligations imposed by the aforementioned laws, regulations or administrative provisions,
- voluntary agreements to which a public authority is a contracting party and which provide, in the public interest, for compliance with technical specifications or other requirements, excluding public procurement tender specifications,
- technical specifications or other requirements which are linked to fiscal or financial measures affecting the consumption of products by encouraging compliance with such technical specifications or other requirements; technical specifications or other requirements linked to national social-security systems are not included.
This comprises technical regulations imposed by the authorities designated by the Member States and appearing on a list to be drawn up by the Commission before the entry into force of this Directive in the framework of the Committee referred to in Article 5.
The same procedure shall be used for amending this list;
10. "draft technical regulation",the text of a technical specification or other requirement, including administrative provisions formulated with the aim of enacting it or of ultimately having it enacted as a technical regulation, the text being at a stage of preparation at which substantial amendments can still be made.
This Directive shall not apply to those measures Member States consider necessary under the Treaty for the protection of persons, in particular workers, when products are used, provided that such measures do not affect the products.' 2. Article 2 shall be replaced by the following:
'Article 2 1. The Commission and the standardization bodies referred to in Annexes I and II shall be informed of the new subjects for which the national bodies referred to in Annex II have decided, by including them in their standards programme, to prepare or amend a standard, unless it is an identical or equivalent transposition of an international or European standard.
2. The information referred to in paragraph 1 shall indicate, in particular, whether the standard concerned:
- will transpose an international standard without being the equivalent,
- will be a new national standard, or - will amend a national standard.
After consulting the Committee referred to in Article 5, the Commission may draw up rules for the consolidated presentation of this information and a plan and criteria governing the presentation of this information in order to facilitate its evaluation.
3. The Commission may ask for all or part of the standards programmes to be communicated to it.
It shall make this information available to the Member States in a form which allows the different programmes to be assessed and compared.
4. Where appropriate, the Commission shall amend Annex II on the basis of communications from the Member States.
5. The Council shall decide, on the basis of a proposal from the Commission, on any amendment to Annex I.' 3. Article 3 shall be replaced by the following:
'Article 3 The standardization bodies referred to in Annexes I and II, and the Commission, shall be sent all draft standards on request; they shall be kept informed by the body concerned of the action taken on any comments they have made relating to drafts.' 4. Article 4 shall be replaced by the following:
'Article 4 1. Member States shall take all necessary steps to ensure that their standardization bodies:
- communicate information in accordance with Articles 2 and 3,
- publish the draft standards in such a way that comments may also be obtained from parties established in other Member States,
- grant the other bodies referred to in Annex II the right to be involved passively or actively (by sending an observer) in the planned activities,
- do not object to a subject for standardization in their work programme being discussed at European level in accordance with the rules laid down by the European standardization bodies and undertake no action which may prejudice a decision in this regard.
2. Member States shall refrain in particular from any act of recognition, approval or use by reference of a national standard adopted in breach of Articles 2, 3 and 4.' 5. Article 7 (1) shall be replaced by the following:
'1. Member States shall take all appropriate measures to ensure that, during the preparation of a European standard referred to in the first indent of Article 6 (3) or after its approval, their standardization bodies do not take any action which could prejudice the harmonization intended and, in particular, that they do not publish in the field in question a new or revised national standard which is not completely in line with an existing European standard.' 6. Article 8 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
'1. Subject to Article 10, Member States shall immediately communicate to the Commission any draft technical regulation, except where it merely transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice; they shall also let the Commission have a statement of the grounds which make the enactment of such a technical regulation necessary, where these have not already been made clear in the draft.
Where appropriate, and unless it has already been sent with a prior communication, Member States shall simultaneously communicate the text of the basic legislative or regulatory provisions principally and directly concerned, should knowledge of such text be necessary to assess the implications of the draft technical regulation.
Member States shall communicate the draft again under the above conditions if they make changes to the draft that have the effect of significantly altering its scope, shortening the timetable originally envisaged for implementation, adding specifications or requirements, or making the latter more restrictive.
Where, in particular, the draft seeks to limit the marketing or use of a chemical substance, preparation or product on grounds of public health or of the protection of consumers or the environment Member States shall also forward either a summary or the references of all relevant data relating to the substance, preparation or product concerned and to known and available substitutes, where such information may be available, and communicate the anticipated effects of the measure on public health and the protection of the consumer and the environment, together with an analysis of the risk carried out as appropriate in accordance with the general principles for the risk evaluation of chemical substances as referred to in Article 10 (4) of Regulation (EEC) No 793/93 (*) in the case of an existing substance or in Article 3 (2) of Directive 92/32/EEC (**) in the case of a new substance.
The Commission shall immediately notify the other Member States of the draft and all documents which have been forwarded to it; it may also refer this draft, for an opinion, to the Committee referred to in Article 5 and, where appropriate, to the committee responsible for the field in question.
With respect to the technical specifications or other requirements referred to in Article 1 (9), third indent, the detailed comments or opinions of the Commission or the Member States may concern only the aspect which may hinder trade and not the fiscal or financial aspect of the measure.
(*) OJ No L 84, 5. 4. 1993, p. 1.
(**) OJ No L 154, 5. 6. 1992, p. 1.';
(b) paragraphs 3 and 4 shall be replaced by the following:
'3. Member States shall communicate the definitive text of a technical regulation to the Commission without delay.
4. Information supplied under this Article shall not be confidential except at the express request of the notifying Member State. Any such request shall be supported by reasons.
In cases of this kind, if necessary precautions are taken, the Commission and the national authorities may seek expert advice from physical or legal persons in the private sector.';
(c) the following paragraph shall be added:
'5. When draft technical regulations form part of measures which are required to be communicated to the Commission at the draft stage under another Community act, Member States may make a communication within the meaning of Article 8 (1) of this Directive under that other act, provided that they formally indicate that the said communication also constitutes a communication for the purposes of this Directive.
The absence of a reaction from the Commission under this Directive to a draft technical regulation shall not prejudice any decision which might be taken under other Community acts.' 7. Article 9 shall be replaced by the following:
'Article 9 1. Member States shall postpone the adoption of a draft technical regulation for three months from the date of receipt by the Commission of the communication referred to in Article 8 (1).
2. Member States shall postpone:
- for four months the adoption of a draft technical regulation in the form of a voluntary agreement within the meaning of Article 1 (9), second indent,
- without prejudice to paragraphs 3, 4 and 5, for six months the adoption of any other draft technical regulation,
from the date of receipt by the Commission of the communication referred to in Article 8 (1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of goods within the internal market.
The Member State concerned shall report to the Commission on the action it proposes to take on such detailed opinions. The Commission shall comment on this reaction.
3. Member States shall postpone the adoption of a draft technical regulation for 12 months from the date of receipt by the Commission of the communication referred to in Article 8 (1) if, within the three months following that date, the Commission announces its intention to propose or adopt a Directive, Regulation or Decision on the matter in accordance with Article 189 of the Treaty.
4. Member States shall postpone the adoption of a draft technical regulation for 12 months from the date of receipt by the Commission of the communication referred to in Article 8 (1) if, within the three months following that date, the Commission announces its finding that the draft technical regulation concerns a matter which is covered by a proposal for a Directive, Regulation or Decision presented to the Council in accordance with Article 189 of the Treaty.
5. If the Council adopts a common position during the standstill period referred to in paragraphs 3 and 4, that period shall, subject to Article 9 (6), be extended to 18 months.
6. The obligations referred to in paragraphs 3, 4 and 5 shall lapse:
- when the Commission informs the Member States that it no longer intends to propose or adopt a binding Community act,
- when the Commission informs the Member States of the withdrawal of its draft or proposal,
- when the Commission or the Council has adopted a binding Community act.
7. Paragraphs 1 to 5 shall not apply in those cases where, for urgent reasons, occasioned by serious and unforeseeable circumstances, relating to the protection of public health or safety, the protection of animals or the preservation of plants, a Member State is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible. The Member State shall give, in the communication referred to in Article 8, the reasons which warrant the urgency of the measures taken. The Commission shall give its views on the communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure. The European Parliament shall be kept informed by the Commission.' 8. Article 10 shall be replaced by the following:
'Article 10 1. Articles 8 and 9 shall not apply to those laws, regulations and administrative provisions of the Member States or voluntary agreements by means of which Member States:
- comply with binding Community acts which result in the adoption of technical specifications;
- fulfil the obligations arising out of international agreements which result in the adoption of common technical specifications in the Community;
- make use of safeguard clauses provided for in binding Community acts;
- apply Article 8 (1) of Council Directive 92/59/EEC of 29 June 1992 on general product safety (*);
- restrict themselves to implementing a judgment of the Court of Justice of the European Communities;
- restrict themselves to amending a technical regulation within the meaning of Article 1 (9) of this Directive, in accordance with a Commission request, with a view to removing an obstacle to trade.
2. Article 9 shall not apply to the laws, regulations and administrative provisions of the Member States prohibiting manufacture insofar as they do not impede the free movement of products.
3. Article 9 (3) to (6) shall not apply to the voluntary agreements referred to in Article 1 (9), second indent.
4. Article 9 shall not apply to the technical specifications or other requirements referred to in Article 1 (9), third indent.' (*) OJ No L 228, 11. 8. 1992, p. 24.'.
9. Article 11 shall be replaced by the following:
'Article 11 The Commission shall report every two years to the European Parliament, the Council and the Economic and Social Committee on the results of the application of this Directive. Lists of standardization work entrusted to the European standardization organizations pursuant to this Directive, as well as statistics on the notifications received shall be published on an annual basis in the Official Journal of the European Communities.' 10. Article 12 shall be replaced by the following:
'Article 12 When Member States adopt a technical regulation, it shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of its official publication. The methods of making such reference shall be laid down by Member States.' 11. The Annex shall be replaced by Annexes I and II appearing in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1995. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 23 March 1994. | [
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COMMISSION REGULATION (EC) No 73/2005
of 17 January 2005
amending the import duties in the cereals sector applicable from 18 January 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),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
The import duties in the cereals sector are fixed by Commission Regulation (EC) No 64/2005 (3).
(2)
Article 2(1) of Regulation (EC) No 1249/96 provides that if during the period of application, the average import duty calculated differs by EUR 5 per tonne from the duty fixed, a corresponding adjustment is to be made. Such a difference has arisen. It is therefore necessary to adjust the import duties fixed in Regulation (EC) No 64/2005,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 64/2005 are hereby replaced by Annexes I and II to this Regulation.
Article 2
This Regulation shall enter into force on 18 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2005. | [
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Commission Directive 2002/72/EC
of 6 August 2002
relating to plastic materials and articles intended to come into contact with foodstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs(1), and in particular Article 3 thereof,
After consulting the Scientific Committee on Food,
Whereas:
(1) Commission Directive 90/128/EEC of 23 February 1990 relating to plastic materials and articles intended to come into contact with foodstuffs(2), as last amended by Directive 2002/17/EC(3), has been frequently and substantially amended; for reasons of clarity and rationality, it should therefore be consolidated.
(2) Article 2 of Directive 89/109/EEC lays down that materials and articles, in their finished state, must not transfer their constituents to foodstuffs in quantities which could endanger human health or bring about an unacceptable change in the composition of the foodstuffs.
(3) In order to achieve this objective in the case of plastic materials and articles, a suitable instrument is a specific Directive within the meaning of Article 3 of Directive 89/109/EEC, the general provisions of which are also applicable to the case in question.
(4) The scope of this Directive must coincide with that of Council Directive 82/711/EEC(4).
(5) Since the rules established in this Directive are not suitable for ion-exchange resins, these materials and articles will be covered by a subsequent specific Directive.
(6) Silicones should be regarded as elastomeric materials rather than plastic materials and therefore should be excluded from the definition of plastic.
(7) The establishment of a list of approved substances accompanied by a limit on overall migration and, where necessary, by other specific restrictions will be sufficient to achieve the objective laid down in Article 2 of Directive 89/109/EEC.
(8) Besides the monomers and other starting substances fully evaluated and authorised at Community level, there are also monomers and starting substances evaluated and authorised in at least one Member State which may continue to be used pending their evaluation by the Scientific Committee on Food and the decision on their inclusion in the Community list; this Directive will accordingly be extended in due course to the substances and sectors provisionally excluded.
(9) The current list of additives is an incomplete list inasmuch as it does not contain all the substances which are currently accepted in one or more Member States; accordingly, these substances continue to be regulated by national laws pending a decision on inclusion in the Community list.
(10) This Directive establishes specifications for only a few substances. The other substances, which may require specifications, therefore remain regulated in this respect by national laws pending a decision at Community level.
(11) For certain additives the restrictions established in this Directive cannot yet be applied in all situations pending the collection and evaluation of all the data needed for a better estimation of the exposure of the consumer in some specific situations; therefore, these additives appear in a list other than that of the additives fully regulated at Community level.
(12) Directive 82/711/EEC lays down the basic rules necessary for testing migration of the constituents of plastic materials and articles and Council Directive 85/572/EEC(5) establishes the list of simulants to be used in the migration tests.
(13) The determination of a quantity of a substance in a finished material or article is simpler than the determination of its specific migration level. The verification of compliance through the determination of quantity rather than specific migration level should therefore be permitted under certain conditions.
(14) For certain types of plastics the availability of generally recognised diffusion models based on experimental data allows the estimation of the migration level of a substance under certain conditions, therefore avoiding complex, costly and time-consuming testing.
(15) The overall migration limit is a measure of the inertness of the material and prevents an unacceptable change in the composition of the foodstuffs, and, moreover, reduces the need for a large number of specific migration limits or other restrictions, thus giving effective control.
(16) Council Directive 78/142/EEC(6) lays down limits for the quantity of vinyl chloride present in plastic materials and articles prepared with this substance and for the quantity of vinyl chloride released by these materials and articles, and Commission Directives 80/766/EEC(7) and 81/432/EEC(8) establish the Community methods of analysis for controlling these limits.
(17) In view of potential liability, there is a need for the written declaration provided for in Article 6(5) of Directive 89/109/EEC whenever professional use is made of plastic materials and articles which are not by their nature clearly intended for food use.
(18) Commission Directive 80/590/EEC(9) determines the symbol that may accompany any material and article intended to come into contact with foodstuffs.
(19) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring the free movement of plastic materials and articles intended to come into contact with foodstuffs, to lay down rules on the definition of plastics and permitted substances. This Directive confines itself to what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.
(20) In accordance with Article 3 of Directive 89/109/EEC, the Scientific Committee on Food has been consulted on the provisions liable to affect public health.
(21) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health.
(22) This Directive should be without prejudice to the deadlines set out in Annex VII, Part B within which the Member States are to comply with Directive 90/128/EEC, and the acts amending it,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive is a specific Directive within the meaning of Article 3 of Directive 89/109/EEC.
2. This Directive shall apply to plastic materials and articles and parts thereof:
(a) consisting exclusively of plastics; or
(b) composed of two or more layers of materials, each consisting exclusively of plastics, which are bound together by means of adhesives or by any other means,
which, in the finished product state, are intended to come into contact or are brought into contact with foodstuffs are intended for that purpose.
3. For the purposes of this Directive, "plastics" shall mean the organic macromolecular compounds obtained by polymerisation, polycondensation, polyaddition or any other similar process from molecules with a lower molecular weight or by chemical alteration of natural macromolecules. Other substances or matter may be added to such macromolecular compounds.
However, the following shall not be regarded as "plastics":
(a) varnished or unvarnished regenerated cellulose film, covered by Commission Directive 93/10/EEC(10);
(b) elastomers and natural and synthetic rubber;
(c) paper and paperboard, whether modified or not by the addition of plastics;
(d) surface coatings obtained from:
- paraffin waxes, including synthetic paraffin waxes, and/or micro-crystalline waxes,
- mixtures of the waxes listed in the first indent with each other and/or with plastics,
(e) ion-exchange resins;
(f) silicones.
4. This Directive shall not apply, until further action by the Commission, to materials and articles composed of two or more layers, one or more of which does not consist exclusively of plastics, even if the one intended to come into direct contact with foodstuffs does consist exclusively of plastics.
Article 2
Plastic materials and articles shall not transfer their constituents to foodstuffs in quantities exceeding 10 milligrams per square decimetre of surface area of material or article (mg/dm2) (overall migration limit). However, this limit shall be 60 milligrams of the constituents released per kilogram of foodstuff (mg/kg) in the following cases:
(a) articles which are containers or are comparable to containers or which can be filled, with a capacity of not less than 500 millilitres (ml) and not more than 10 litres (l);
(b) articles which can be filled and for which it is impracticable to estimate the surface area in contact with foodstuffs;
(c) caps, gaskets, stoppers or similar devices for sealing.
Article 3
1. Only those monomers and other starting substances listed in Annex II, Sections A and B, may be used for the manufacture of plastic materials and articles subject to the restrictions specified.
2. By way of derogation from the first paragraph the monomers and other starting substances listed in Annex II, Section B, may continue to be used until 31 December 2004 at latest, pending their evaluation by the Scientific Committee on Food.
3. The list in Annex II, Section A, may be amended:
- either by adding substances listed in Annex II, Section B, according to the criteria in Annex II of Directive 89/109/EEC, or
- by including "new substances", i.e. substances which are listed neither in Section A nor in Section B of Annex II, according to Article 3 of Directive 89/109/EEC.
4. No Member State shall authorise any new substance for use within its territory except under the procedure in Article 4 of Directive 89/109/EEC.
5. The lists appearing in Annex II, Sections A and B, do not yet include monomers and other starting substances used only in the manufacture of:
- surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, such as varnishes, lacquers, paints, etc.,
- epoxy resins,
- adhesives and adhesion promoters,
- printing inks.
Article 4
An incomplete list of additives, which may be used for the manufacture of plastic materials and articles, together with the restrictions and/or specifications on their use, is set out in Annex III, Sections A and B.
For the substances in Annex III, Section B, the specific migration limits are applied as from 1 January 2004 when the verification of compliance is carried out in simulant D or in test media of substitute tests as laid down in Directives 82/711/EEC and 85/572/EEC.
Article 5
Only the products obtained by means of bacterial fermentation listed in Annex IV may be used in contact with foodstuffs.
Article 6
1. General specifications related to plastic materials and articles are laid down in Annex V, Part A. Other specifications related to some substances appearing in Annexes II, III and IV are laid down in Annex V, Part B.
2. The meaning of the numbers between brackets appearing in the column "Restrictions and/or specifications" is explained in Annex VI.
Article 7
The specific migration limits in the list set out in Annex II are expressed in mg/kg. However, such limits are expressed in mg/dm2 in the following cases:
(a) articles which are containers or are comparable to containers or which can be filled, with a capacity of less than 500 ml or more than 10 l;
(b) sheet, film or other materials which cannot be filled of for which it is impracticable to estimate the relationship between the surface area of such materials and the quantity of foodstuffs in contact therewith.
In these cases, the limits set out in Annex II, expressed in mg/kg shall be divided by the conventional conversion factor of 6 in order to express them in mg/dm2.
Article 8
1. Verification of compliance with the migration limits shall be carried out in accordance with the rules laid down in Directives 82/711/EEC and 85/572/EEC and the further provisions set out in Annex I.
2. The verification of compliance with the specific migration limits provided for in paragraph 1 shall not be compulsory, if it can be established that compliance with the overall migration limit laid down in Article 2 implies that the specific migration limits are not exceeded.
3. The verification of compliance with the specific migration limits provided for in paragraph 1 shall not be compulsory, if it can be established that, by assuming complete migration of the residual substance in the material or article, it cannot exceed the specific limit of migration.
4. The verification of compliance with the specific migration limits provided for in paragraph 1 may be ensured by the determination of the quantity of a substance in the finished material or article provided that a relationship between that quantity and the value of the specific migration of the substance has been established either by an adequate experimentation or by the application of generally recognised diffusion models based on scientific evidence. To demonstrate the non-compliance of a material or article, confirmation of the estimated migration value by experimental testing is obligatory.
Article 9
1. At the marketing stages other than the retail stages, the plastic materials and articles which are intended to be placed in contact with foodstuffs shall be accompanied by a written declaration in accordance with Article 6(5) of Directive 89/109/EEC.
2. Paragraph 1 does not apply to plastic materials and articles, which by their nature are clearly intended to come into contact with foodstuffs.
Article 10
1. Directive 90/128/EEC, as amended by the Directives set out in Annex VII, Part A, is hereby repealed without prejudice to the obligations of the Member States in respect of the deadlines for transposition and application laid down in Annex VII, Part B.
2. References to the repealed Directives shall be construed as references to this Directive and be read in accordance with the correlation table set out in Annex VIII.
Article 11
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
Article 12
This Directive is addressed to the Member States.
Done at Brussels, 6 August 2002. | [
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COMMISSION DECISION
of 14 July 1989
authorizing methods for grading pig carcases in Germany
(Only the German text is authentic)
(89/471/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EEC) No 1249/89 (2), and in particular Article 4 (6) thereof,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (3), as amended by Regulation (EEC) No 3530/86 (4), and in particular Article 5 (2) thereof,
Whereas Article 2 (3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; whereas the authorization of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; whereas this tolerance has been defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (5);
Whereas the Commission, by its Decision 87/43/EEC (6), has authorized methods for grading pig carcases in Germany;
Whereas their application has shown that the results of the three authorized methods are difficult to compare;
Whereas with a view to improving the transparency of the market, the Government of the Federal Republic of Germany has requested the Commission to authorize the use of one main method on its territory consisting in the fixing of measuring points and of a single estimation formula for the lean meat content and has submitted for this purpose the information required in Article 3 of Regulation (EEC) No 2967/85; whereas an examination of this request has revealed that the conditions for authorizing the said grading methods are fulfilled;
Whereas, however, the method to be thus authorized concerning the taking of measurements is based on the use of the apparatus 'Ultrasound-Scanner' ('SSD 256') the use of which in the abattoirs in general does not seem to be possible in practice; whereas as a consequence it is appropriate, subject to supervision by the Commission, to authorize the use of other apparatus for the grading of pig carcases after they have passed a calibration test by giving equivalent results concerning the values of assessment measurements of the percentage of lean meat to those obtained by the use of the 'Ultrasound-Scanner' ('SSD 256');
Whereas it is necessary, in addition, to maintain a simple method for small abattoirs which are not in a position to bear investment costs engendered by the method mentioned above; whereas for this reason it is appropriate for the moment to continue the use of the method known as 'Zwei-Punkt-Messverfahren' but to limit its use to abattoirs which do not exceed a fixed amount of slaughterings;
Whereas a new decision should be adopted for the sake of clarity to include the two methods mentioned above; whereas, as a consequence, Decision 87/43/EEC should be repealed;
Whereas no modification of apparatus or grading method may be authorized except by means of a new Commission decision adopted in the light of experience gained; whereas, for this reason, the present authorization may be revoked;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:
Article 1
1. As a method for grading of pig carcases the assessment method for lean meat based on the use of the apparatus 'Ultrasound-Scanner' ('SSD 256'), details of which are given in Part 1 of the Annex, is hereby authorized.
2. The use of all other apparatus for grading pig carcases is subject to the requirement for ensuring that the values of the measurements and assessed results are equivalent to the method mentioned in paragraph 1.
To this end the apparatus must satisfy a calibration procedure carried out by the competent German authorities concerning the proof of exactitude of the values of the measurements x1 and x2 as indicated in the Annex.
3. When a pig grading apparatus has satisfied the calibration procedure mentioned in paragraph 2, the Government of the Federal Republic of Germany shall inform the Commission before the first use of the apparatus by supplying all necessary particulars.
In this case the procedure laid down in Article 25 of Regulation (EEC) No 2759/75 shall be applied.
Article 2
The use of the method termed 'Zwei-Punkt-Messverfahren' ('ZP'), details of which are given in Part 2 of the Annex, is hereby authorized.
However, this method shall only be authorized for abattoirs which do not exceed a weekly slaughtering of 200 pigs as a yearly average.
Article 3
Any modification of the apparatus or of the assessment methods (measurement sites and formulae) shall not be authorized.
Article 4
Decision 87/43/EEC is hereby repealed.
However, until 30 June 1990, the Federal Republic of Germany may continue to apply the scale for grading pig carcases laid down in Decision 87/431/EEC instead of the scale determined in this Decision.
Article 5
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 14 July 1989. | [
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*****
COMMISSION DECISION
of 23 March 1990
authorizing the United Kingdom not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base
(Only the English text is authentic)
(90/182/Euratom, EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 13 thereof,
Whereas Council Regulation (EEC, Euratom, ECSC) No 2892/77 of 19 December 1977 implementing in respect of own resources accruing from value added tax the Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources (2) ceased to be applicable on 31 December 1988; whereas the authorizations given under Article 13 thereof must be renewed from 1 January 1989 pursuant to Article 13 of Regulation (EEC, Euratom) No 1553/89;
Whereas, under Article 28 (3) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (3), hereinafter called 'the Sixth Directive', as last amended by Directive 84/386/EEC (4), the Member States may continue to exempt or tax certain transactions; whereas these transactions must be taken into account for the determination of the VAT resources base;
Whereas the United Kingdom is unable to make a precise calculation of the VAT own resources base for one category of transactions listed in Annex E to the Sixth Directive; whereas such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on the United Kingdom's total VAT resources base; whereas the United Kingdom should therefore be authorized not to take these transactions into account for the calculation of the VAT base;
Whereas the United Kingdom is able to make a calculation using approximate estimates for two categories of transactions listed in Annex F to the Sixth Directive; whereas it should therefore be authorized to calculate the VAT base using approximate estimates;
Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of calculating the VAT own resources base from 1 January 1989, the United Kingdom is authorized not to take into account the following category of transactions referred to in Annex E to the Sixth Directive: transactions referred to in Article 13 (A) (1) (p) of the Sixth Directive: the supply of transport services of a commercial nature by duly authorized bodies for sick or injured persons in vehicles specially designed for the purpose (Annex E, ex point 6).
Article 2
For the purpose of calculating the VAT own resources base from 1 January 1989, the United Kingdom is authorized to use approximate estimates in respect of the following categories of transactions referred to in Annex F to the Sixth Directive:
1. Transactions of hospitals not covered by Article 13 (A) (1) (b) (Annex F, point 10);
2. Goods for the fuelling and provisioning of pleasure boats and aircraft for private use proceeding outside the national territory (Annex F, points 21 and 22).
Article 3
This Decision is addressed to the United Kingdom.
Done at Brussels, 23 March 1990. | [
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COMMISSION REGULATION (EC) No 25/2005
of 7 January 2005
amending Council Regulation (EC) No 32/2000 in order to extend the Community tariff quotas for jute and coconut-fibre products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 32/2000 of 17 December 1999 opening and providing for the administration of Community tariff quotas bound in GATT and certain other Community tariff quotas and establishing detailed rules for adjusting the quotas, and repealing Council Regulation (EC) No 1808/95 (1), and in particular the second indent of Article 9(1)(b) thereof,
Whereas:
(1)
In accordance with the offer it made within the United Nations Conference on Trade and Development (Unctad) and alongside its scheme of generalised preferences (GSP), the Community introduced tariff preferences in 1971 for jute and coconut-fibre products originating in certain developing countries; these preferences took the form of a gradual reduction of Common Customs Tariff duties and, from 1978 to 31 December 1994, the complete suspension of these duties.
(2)
Since the entry into force of the new GSP scheme on 1 January 1995, the Community has, alongside the GATT, opened autonomous zero-duty Community tariff quotas for specific quantities of jute and coconut-fibre products until 31 December 2004 by Commission Regulation (EC) No 2511/2001 (2) amending Council Regulation (EC) No 32/2000.
(3)
As the scheme of generalised preferences has been extended until 31 December 2005 by Council Regulation (EC) No 2211/2003 (3), the tariff quota arrangement for jute and coconut-fibre products should also be extended until 31 December 2005.
(4)
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 phrase, for serial numbers 09.0107, 09.0109 and 09.0111, in the fifth column (Quota period) of Annex III to Regulation (EC) No 32/2000, ‘from 1.1.2003 to 31.12.2003 and from 1.1.2004 to 31.12.2004’ shall be replaced by the phrase ‘from 1.1.2005 to 31.12.2005’.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 January 2005. | [
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*****
COUNCIL REGULATION (EEC) No 1713/85
of 20 June 1985
amending Regulation (EEC) No 2969/83 establishing a special emergency measure to assist stock farming in Italy
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty etablishing 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 Article 2 of Regulation (EEC) No 2969/83 (3) provides for the granting of aid for the conversion into medium-term loans of short-term loans taken up before 30 November 1983 to cover farmers' requirements for the operation of the holdings referred to in Article 1 of that Regulation;
Whereas, because of the limited funds at the disposal of the agriculture credit institutions, it has been possible to accept only about one-half of the applications made; whereas, as a result, it has been possible for only part of the appropriations provided for in Article 4 of Regulation (EEC) No 2969/83 to be used;
Whereas the very difficult position of the farmers requires that the conversion ability should continue to be available to those farmers who have not yet benefited from the Community measure,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2969/83 is hereby amended as follows:
1. In Article 2, '30 November 1983' is replaced by '1 May 1985' and the following subparagraph is added:
'However, a farmer may benefit from the aid only once.'
2. The following phrase is added to Article 3 (1):
'or an updating of such programme submitted by the Italian Government before 1 June 1985 and approved by the Commission.'
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 Luxembourg, 20 June 1985. | [
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COMMISSION DECISION
of 2 February 2006
approving on behalf of the European Community amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products
(notified under document member C(2006) 81)
(Text with EEA relevance)
(2006/198/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (1), and in particular Article 4, third paragraph thereof,
Whereas:
(1)
The Joint Management Committee for the Agreement (the Committee), at its meeting on 27 October 2005 issued a recommendation concerning the determination of equivalence for fishery products. As a result of this recommendation it is appropriate to amend Annex V to the Agreement.
(2)
This amendment should be approved on behalf of the Community.
(3)
The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS DECIDED AS FOLLOWS:
Article 1
Pursuant to the recommendation made by the Joint Management Committee established under Article 14 of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products, the amendments to Annex V to the said Agreement are hereby approved on behalf of the European Community. The text of the Agreement in the form of an Exchange of Letters, including the amendments to Annex V to the Agreement, is attached to this Decision.
Article 2
The Director-General for Health and Consumer Protection is hereby empowered to sign the agreement in the form of an exchange of letters in order to bind the Community.
Article 3
This Decision shall apply from the first day of the month following the month in which the United States of America notifies the Commission in writing that its internal procedures for the approval of the amendments referred to in Article 1 have been completed.
Done at Brussels, 2 February 2006. | [
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Commission Regulation (EC) No 89/2001
of 17 January 2001
amending Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(1), as last amended by Regulation (EC) No 1399/1999(2), and in particular Article 122 thereof,
Whereas:
(1) Certain Member States or their competent authorities have requested amendments to the Annexes to Regulation (EEC) No 574/72.
(2) These amendments arise from decisions taken by the Member States or Member States concerned or their competent authorities which are responsible for the implementation of social security legislation according to Community law.
(3) The unanimous opinion of the Administrative Commission on Social Security for Migrant Workers has been obtained,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes 1 to 5, and Annex 10, to Regulation (EEC) No 574/72 are amended as shown in the Annex to this Regulation.
Article 2
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, 17 January 2001. | [
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Commission Regulation (EC) No 225/2004
of 9 February 2004
determining the world market price for unginned cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001(1),
Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton(2), and in particular Article 4 thereof,
Whereas:
(1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001(3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.
(2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.
(3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter,
HAS ADOPTED THIS REGULATION:
Article 1
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 31,901/100 kg.
Article 2
This Regulation shall enter into force on 10 February 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 February 2004. | [
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COUNCIL REGULATION (EC) No 2472/96 of 20 December 1996 amending Regulation (EC) No 1823/96 opening and providing for the administration of autonomous Community tariff quotas for certain fishery products (second series 1996)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 28, thereof,
Having regard to the proposal from the Commission,
Whereas, by Regulation (EC) No 1823/96 (1), the Council opened autonomous tariff quotas for herring (09.2788);
Whereas it is necessary, to include in the said Regulation the processing operation of producing sides of herring as one of the processing operations allowing it to benefit from the tariff quota for herring,
HAS ADOPTED THIS REGULATION:
Article 1
In the second indent to point (b) of Regulation (EC) No 1823/96 the words 'for the production of sides` shall be inserted after the words 'cutting/excluding filleting`.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1996. | [
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COMMISSION DECISION
of 22 December 2004
adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2004 to the remuneration of officials, contract staff and temporary staff of the European Communities serving in third countries and of certain officials remaining in post in the 10 new Member States for a maximum period of 15 months after accession
(2004/929/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the second paragraph of Article 13 of Annex X thereto,
Having regard to the Treaty of Accession of the 10 new Member States, and in particular Article 33(4) thereof,
Whereas:
(1)
Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 January 2004 to the remuneration of officials of the European Communities serving in third countries payable in the currency of their country of employment were last laid down, under the old Staff Regulations, by Council Regulation (EC, Euratom) No 1785/2004 (2).
(2)
Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2004, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,
DECIDES:
Sole Article
With effect from 1 February, 1 March, 1 April, 1 May and 1 June 2004, the weightings applied to the remuneration of officials, contract staff and temporary staff of the European Communities serving in third countries and of certain officials remaining in post in the 10 new Member States for a maximum period of 15 months after accession, payable in the currency of the country of employment, shall be adjusted as shown in the Annex hereto.
The exchange rates used for the calculation of this remuneration shall be established in accordance with the rules for the implementation of the Financial Regulation and correspond to the dates referred to in the first paragraph.
Done at Brussels, 22 December 2004. | [
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COMMISSION REGULATION (EC) No 421/96 of 7 March 1996 amending Regulation (EC) No 1623/95 establishing a forecast supply balance for supply to the Canary Islands of 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 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), as last amended by Commission Regulation (EC) No 2537/95 (2), and in particular Article 3 (4) thereof,
Whereas Commission Regulation (EC) No 2790/94 (3), as amended by Regulation (EC) No 2883/94 (4), lays down the detailed rules for the implementation of the special arrangements for the supply of certain agricultural products to the Canary Islands;
Whereas Commission Regulation (EC) No 1623/95 (5) establishes the forecast balance for the supply of milk products to the Canary Islands for the period from 1 July 1995 to 30 June 1996; whereas that balance may be revised if necessary by providing for an increase in the overall quantity fixed during the course of the year in accordance with the needs of the region; whereas, to satisfy the Canary Islands' requirements of milk products, and in particular liquid milk, it is necessary to increase the quantity laid down for milk and cream, not concentrated nor containing added sugar or other sweetening matter; whereas, therefore, the Annex to Regulation (EC) No 1623/95 should be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 1623/95 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 1996. | [
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COMMISSION DECISION
of 26 February 2008
amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism ‘LL RICE 601’ in rice products
(notified under document number C(2008) 743)
(Text with EEA relevance)
(2008/162/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) thereof,
Whereas:
(1)
Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2) provide that no genetically modified food or feed is to be placed on the Community market unless it is covered by an authorisation granted in accordance with that Regulation. Article 4(3) and Article 16(3) of the same Regulation lay down that no genetically modified food and feed may be authorised unless it has been adequately and sufficiently demonstrated that it does not have adverse effects on human health, animal health or the environment, that it does not mislead the consumer or the user, and that it does not differ from the food or feed it is intended to replace to such an extent that its normal consumption would be nutritionally disadvantageous for humans or animals.
(2)
Article 53(1) of Regulation (EC) No 178/2002 provides for the possibility to adopt appropriate Community emergency measures for food and feed imported from a third country in order to protect human health, animal health or the environment, where the risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.
(3)
In view of the presumption of risk on products not authorised according to Regulation (EC) No 1829/2003, Commission Decision 2006/601/EC of 5 September 2006 on emergency measures regarding the non-authorised genetically modified organism ‘LL RICE 601’ in rice products (3) required Member States not to allow the placing on the market of certain rice products originating from the United States unless the consignment is accompanied by an original analytical report issued by an accredited laboratory attesting that the product does not contain genetically modified rice ‘LL RICE 601’ and to carry out systematic official sampling and analysis of each consignment of specific products originating from the United States before their placing on the market.
(4)
On 5 October 2007, the United States Department of Agriculture (USDA) published the results of its investigation on, in particular, the presence of ‘LL RICE 601’ in US commercial rice. While the exact mechanisms of the contamination could not be established, the findings indicate that the source of the contamination by ‘LL RICE 601’ was limited.
(5)
The US Rice federation has adopted a plan aiming to remove ‘LL RICE 601’ from the US export channels. This plan includes testing of the seeds before planting, as well as documentary and analytical controls at the delivery points of the 2007 harvest. Only some aspects of this plan are subject to regulatory requirements in some US States. It is therefore necessary to ensure that all the consignments of rice originating from the United States of America imported in the European Union were subject to this plan.
(6)
On 9 November 2007, USDA submitted a proposal of protocol to the Commission that would ensure that the products falling under the scope of Decision 2006/601/EC are subject to official sampling by the Grain Inspection, Packers and Stockyards Administration (GIPSA) and analysed using the ‘P35S:BAR’ method referred to in Decision 2006/601/EC in a laboratory participating successfully in the dedicated proficiency program administered by GIPSA. In accordance with that protocol, the consignments of those products would be accompanied by the original of an analytical report and by a letterhead issued by GIPSA indicating that ‘LL RICE 601’ was not detected.
(7)
The official involvement of the GIPSA, as described in the proposal of protocol, provides appropriate reassurances as to the quality of the controls made. As a consequence, mandatory official sampling and analysis by Member States at the point of entry into the Community is no more considered necessary.
(8)
Those measures should be reviewed within six months in order to assess whether they are still necessary, in the light of their impact and of the practical experience gained on the existing testing requirements.
(9)
Decision 2006/601/EC should therefore be amended accordingly.
(10)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2006/601/EC is amended as follows:
1.
Article 2 is replaced by the following:
‘Article 2
Conditions for first placing on the market
1. Member States shall allow the first placing on the market of the products referred to in Article 1 only if the consignment of those products is accompanied by the following documents:
(a)
a statement from the food business operator responsible for the consignment that the products do only contain rice, from the 2007 or a subsequent harvest, that was subject to the plan of the USA Rice federation aiming to remove “LL RICE 601” from the US export channels; and
(b)
the original of an analytical report issued by a laboratory referred to in Annex II confirming that the products do not contain the genetically modified rice “LL RICE 601”. The analytical report shall be accompanied by an official document issued by the Grain Inspection, Packers and Stockyards Administration (GIPSA) of the United States Department of Agriculture (USDA) in accordance with the protocol described in Annex II.
2. If a consignment is split, copies of the documents referred to in paragraph 1 shall accompany each part of the split consignment up to and including the wholesale stage. Those copies shall be certified by the competent authority of the Member State on whose territory the splitting has taken place.’
2.
Article 3 is replaced by the following:
‘Article 3
Other control measures
1. Member States shall take appropriate measures, including random sampling and analysis carried out in accordance with Annex I concerning the products referred to in Article 1 presented for importation or already on the market in order to verify the absence of genetically modified rice “LL RICE 601”. They shall inform the Commission of positive (unfavourable) results through the Rapid Alert System for food and feed.
2. Member States shall by 26 July 2008 at the latest submit to the Commission a report of all analytical results of official controls on consignments of products referred to in Article 1.’
3.
Paragraph 1 of Article 5 is replaced by the following:
‘1. All costs resulting from issuing the accompanying documents pursuant to Article 2(2) shall be borne by the food business operator responsible for the consignment or its representative.’
4.
Article 6 is replaced by the following:
‘Article 6
Review of the measures
The measures provided for in this Decision shall be reviewed by 26 August 2008 at the latest.’
5.
In the heading of the Annex the word ‘Annex’ is replaced by ‘Annex I’.
6.
The text in the Annex to this Decision is added as Annex II.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 26 February 2008. | [
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COUNCIL DECISION of 25 October 1993 authorizing the Kingdom of Denmark to apply a measure derogating from Article 2 (1) and Article 17 of the Sixth Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes
(93/556/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from that Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;
Whereas, by letter dated 19 May 1993 and received by the Commission on 30 June 1993, the Kingdom of Denmark requested authorization to introduce a measure for derogation from Article 17 of Directive 77/388/EEC;
Whereas the other Member States were informed on 14 July 1993 of the request made by the Kingdom of Denmark;
Whereas implementation of the transitional VAT arrangements leads to VAT being charged on certain work on movable tangible property and certain services relating to the transport of goods and ancillary transport activities at the place where these services are supplied, irrespective of the place where the taxable person to whom these services are supplied is able to exercise his rights of deduction, and whereas this results in growing use of the refund procedures provided for by Directives 79/1072/EEC (2) and 86/560/EEC (3);
Whereas the increasing use of the refund procedures provided for by Directives 79/1072/EEC and 86/560/EEC may impede the development of intra-Community trade in certain services;
Whereas the measure for derogation in question aims to introduce a simplification consisting in the exemption of certain services supplied to taxable persons not established in the territory of the country but identified in the Community, for which these taxable persons would in any event be entitled to a refund;
Whereas certain requirements should be imposed on taxable persons with a view to preventing tax evasion or avoidance;
Whereas it is desirable for this derogation to be limited to the time necessary to enable the Council, acting on a proposal from the Commission, to adopt a definitive solution;
Whereas the measure for derogation in question has no effect on the European Communities' own resources accruing from value added tax,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Article 2 (1) of Directive 77/388/EEC, the Kingdom of Denmark is hereby authorized to exempt the supply of services referred to in Article 2 rendered to taxable persons identified in accordance with Article 22 (1) (c), (d) and (e) of Directive 77/388/EEC and in a Member State other than Denmark who would have qualified in accordance with Directives 79/1072/EEC and 86/560/EEC for a refund of the tax which would have been due had these services been taxed.
Article 2
In the circumstances provided for in Article 1, the Kingdom of Denmark is authorized to exempt:
1. the supply of services referred to in the third and fourth indents of Article 9 (2) (c) of Directive 77/388/EEC but excluding the supply of services exempted in accordance with Articles 14, 15 and 16 of Directive 77/388/EEC;
2. the transport services located in the territory of the country in accordance with Article 9 (2) (b) of Directive 77/388/EEC, directly linked to the intra-Community transport of goods as defined in Article 28b (C) (1) of Directive 77/388/EEC;
3. ancillary transport activities within the meaning of the second indent of Article 9 (2) (c) of Directive 77/388/EEC effected within the territory of the country related to the transport services covered by paragraph 2 above.
Article 3
By way of derogation from Article 17 of Directive 77/388/EEC, the services referred to in Article 2 and supplied with exemption from tax in the circumstances laid down in Article 1 shall be eligible for deduction of input tax.
Article 4
To apply the exemption provided for in Article 1, the supplier of the services shall in particular:
1. in the case of the supplies of services referred to in Article 2 (1):
- be in possession of a certificate establishing that the person to whom the services have been supplied is a taxable person and issued, as appropriate, in the form laid down by Directives 79/1072/EEC or 86/560/EEC,
- mention, on his invoice, the grounds for exemption and the identification number by which the customer is identified in accordance with Article 22 (1) (c), (d) and (e) of Directive 77/388/EEC, and under which the service has been rendered to him;
2. in the case of supplies of services referred to in Article 2 (2):
- satisfy the requirements referred to in the second indent of point 1 and be in possession of a declaration in which the person to whom the services have been supplied acknowledges that he fulfils the conditions referred to in Article 1,
- provide proof that the transport services are directly linked to an intra-Community transport within the meaning of Article 28b (C) (1) of Directive 77/388/EEC;
3. in the case of supplies of services referred to in Article 2 (3):
- satisfy the requirements referred to in the second indent of point 1 and be in possession of a declaration in which the person to whom the services have been supplied acknowledges that he fulfils the conditions referred to in Article 1,
- provide proof that the ancillary transport activities are directly linked to the transport services which are referred to in Article 2 (2).
Article 5
The Council, acting unanimously on a proposal that the Commission will make as soon as feasible, shall adopt, after consultation of the European Parliament, before 31 December 1994, a modification to Directive 77/388/EEC which covers the services mentioned in this Decision.
The derogations provided for in this Decision shall cease to have effect on the date which the Council determines when it adopts the modification to Directive 77/388/EEC but not later than 31 December 1994.
Article 6
This Decision is addressed to the Kingdom of Denmark.
Done at Luxembourg, 25 October 1993. | [
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COUNCIL REGULATION (EC) No 1891/97 of 26 September 1997 imposing a definitive countervailing duty on imports of farmed Atlantic salmon originating in Norway
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3284/94 of 22 December 1994 on protection against subsidized imports from countries not members of the European Community (1), and in particular Article 11 (6) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Complaint
(1) On 31 August 1996, the Commission announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-subsidy proceeding concerning imports of farmed Atlantic salmon originating in Norway and commenced an investigation.
(2) The proceeding was initiated as a result of a complaint lodged jointly by the Scottish Salmon Growers' Association Ltd and by the Shetland Salmon Farmers' Association, acting on behalf of their members whose collective production of farmed Atlantic salmon constitutes a major proportion of the total Community output of this product.
The complaint contained sufficient evidence of subsidization of the imports concerned and of material injury resulting therefrom to justify the initiation of an anti-subsidy proceeding. Pursuant to Article 7 (9) of Regulation (EC) No 3284/94 (hereafter referred to as the 'Basic Regulation`), consultations were offered to the Norwegian authorities prior to the initiation of the investigation, and took place in Brussels from 19 to 20 August 1996. The consultations did not lead to a mutually agreed solution between the parties.
A parallel anti-dumping proceeding was initiated with regard to the same imports (3) and has been the subject of a separate investigation from the present anti-subsidy proceeding.
2. Initiation of investigations
(3) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainant Community producers of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within a set time limit.
(4) The following methodology was used for collection of relevant data:
(a) Producers/exporters in Norway
On 3 September 1996, the Commission forwarded a letter together with the Notice of Initiation and a copy of the non-confidential version of the complaint to the known associations representing salmon producers and exporters in Norway i.e. the Norwegian Fish Farmers' Association and the Federation of Norwegian Fishing Industry. It was explained that producers and exporters were requested to make themselves known by contacting the Commission and by providing certain information specified in paragraph 5 (a) of the Notice of Initiation ('the preliminary questionnaire`).
On 5 September 1996, a meeting was organised at the request of the Norwegian producers and exporters, i.e. the two associations and their legal representative. It became clear that there are in Norway around 650 fish farmers involved in the production of salmon, and 200 to 300 exporters (although most exports to the Community are concentrated in the hands of 40 to 50 of them). The purpose of the meeting was for the Norwegian industry to explain to the Commission the great difficulty in securing cooperation from almost 1 000 operators in the salmon business even in the form of a response to the preliminary questionnaire. For this reason, in order to limit the investigation to a reasonable number of parties in accordance with Article 18 (1) of the Basic Regulation, it was agreed that only a selected number of farmers and exporters should initially provide such a response. However, the Commission reserved the right to accept replies from other companies or to request information from companies not included in the initial selection.
Approximately 100 companies made themselves known to the Commission within the time-limit set. The Norwegian industry alleged that they accounted for 25 % of Norwegian production and 60 % of exports from Norway. The Commission sent a detailed questionnaire to all these companies ('the full questionnaire`).
A total of 32 producers/exporters replied to the full questionnaire within the time-limit specified. These 32 companies were located in all regions of Norway and represented a significant part of Norwegian salmon production and exports. Due to the cooperation of the Norwegian Government, their questionnaire replies provided sufficient and adequate information to be representative of Norwegian salmon production for the purpose of certain parts of this investigation, although the coverage of production was not considered representative as regards other parts.
(b) Community producers
In view of the large number of producers supporting the complaint and the time limits to be complied with pursuant to Article 8 (9) of the Basic Regulation, the Commission decided to investigate injury on the basis of a representative sample of Community producers.
(5) The Commission sought and verified all the information it considered necessary for a determination of subsidization, injury resulting therefrom and Community interest, and carried out investigations at the premises of the following administrations/firms:
(a) Government of Norway
Ministry of Fisheries, Oslo
Ministry of Foreign Affairs, Oslo
Ministry of Local Government and Labour, Oslo
Ministry of Finance, Oslo
Norwegian Industrial and Regional Development Fund (SND), Oslo
(b) Non-governmental entities in Norway
Nor-Cargo, Skein
Kreditkassen, Norske Bank, Oslo
(c) Producers in Norway
Bolstad Fiskeopdrett AS, Eikelandsosen
E. Karstensen Fiskeopdrett AS, Batalden
Erwik's Laks og Ørret AS, Dyrvik
Finmark Stamfiskstasjon AS, Korsfjord
Hydro Seafood Mowi AS, Bergen
Hyen Laks AS, Hyen
Marius Eikremsvik AS, Skodje
Sørrollnesfisk AS, Hamnvik
Tom Hansen Fiskeopdrett AS, Rørvik
Veidholmen Fisk, Veidholmen
(d) Exporters in Norway
Aalesundfisk AS, Aalesund
Domstein Salmon AS, Måløy
Fresh Marine Company AS, Trondheim
Hydro Seafood Sales AS, Bergen
Møre Codfish, Aalesund
Nils Williksen AS, Rørvik
Rolf Olsen Seafood AS, Bergen
Salmonor AS, Bergen
Skaarfish Group A/S, Florø
Terra Seafood AS, Trondheim
TiMar Seafood AS, Trondheim
(e) Community producers (UK)
Aquascot, Alness
Ardessie, Dundonnell
Ardvar, Laing
Ayre, Mossbank
Dury, Laxo
Highland Fish Farmer, Aberdeen
Joseph Johnston, Montrose
Kames, Argyll
Kyles of Bute, Tighnabruich
Landcatch, Langbank
Marine Harvest, Edinburgh
Murray Seafood, Dunoon
North Atlantic, Vadlure Walls
Ocean Reaper, Scalloway
Shetland Norse, Lerwick
Strathaird, Inverness
(f) Processors
Pêcheries de Fécamp, Fécamp (France)
(6) The period used for the investigation of subsidies was 1 January 1995 to 31 July 1996 (hereinafter referred to as 'the investigation period`). However, for the investigation of certain injury indicators such as price undercutting, the investigation period was the 12 months immediately prior to the initiation of the investigation, i.e. August 1995 to July 1996.
(7) Having been informed of the Commission's provisional findings, the Norwegian exporters mentioned in the Annex to this Regulation and the Norwegian government offered undertakings pursuant to Article 10 of the Basic Regulation.
(8) The Commission subsequently completed the investigation on subsidization and injury and informed all parties of the essential facts and considerations on the basis of which it intended to recommend the imposition of definitive residual countervailing duty which would be applicable to those exporters who had either failed to offer an undertaking or who would subsequently withdraw their undertaking or otherwise fail to honour it. Pursuant to Article 21 of the Basic Regulation, interested parties were granted a period within which to make representations subsequent to the disclosure.
(9) The parties' representations were considered, and the Commission altered its conclusions where deemed appropriate.
B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
1. Product under consideration
(10) The proceeding covers farmed Atlantic salmon, whether or not filleted, fresh, chilled or frozen.
This definition excludes other similar farmed fish products such as large ('salmon`) trout, other salmon species such as Pacific salmon as well as wild salmon and further processed types such as smoked salmon.
The product under consideration is currently classifiable under CN codes ex 0302 12 00, ex 0304 10 13, ex 0303 22 00 and ex 0304 20 13, corresponding to different presentations of the product (fresh or chilled whole fish, fresh or chilled fillets, frozen whole fish and frozen fillets). All these presentations were found to be sufficiently similar for them to constitute a single product for the purpose of the proceeding.
2. Like product
(11) The investigation showed that the farmed Atlantic salmon produced in Norway and sold for export to the Community is identical, that is to say, alike in all respects to the farmed Atlantic salmon produced by the Community industry and sold on the Community market. They should therefore be considered like products within the meaning of Article 1 (5) of the Basic Regulation.
C. SUBSIDIES
1. General
(a) Basic approach
(12) The complainant alleged that Norwegian Salmon growers have benefited from a number of subsidies granted by the Government of Norway, and that these subsidies fall within the definition of countervailability set out in Article 3 of the Basic Regulation.
(13) It was therefore investigated whether government institutions, including any public or private entity under the control of the Government of Norway, provided any financial contribution, as defined in Article 2 (1) of the Basic Regulation, to salmon growers in Norway. It was further investigated whether the financial contributions found to exist also conferred a benefit to their recipients.
(14) The Council has made an analysis of the alleged schemes, and determined whether these were countervailable in accordance with the Basic Regulation. Subsidies as defined above are countervailable unless they are non-specific or fall into one of the three 'green light` categories (R& D, regional or environmental aid). It should be noted that specificity must be assessed in the light of the criteria set out in Article 3 (2), (3) and (4) of the Basic Regulation and that subsides are non-specific only if they are generally available and their eligibility is automatic, and that the 'green light` status must be requested by the third country (no prior notifications having being made to the WTO) and must be demonstrated by its authorities on the basis of the criteria set out in Article 3 of the Basic Regulation. Since none of the countervailable subsidies in question are granted with reference to quantities manufactured or sold, and there are no export subsidies involved, the amount of each subsidy is allocated over total sales (either of the cooperating companies or the whole industry) made in the investigation period in accordance with Article 4 (3) (c) of the Basic Regulation and expressed ad valorem. The amount of subsidy is calculated on the basis of the 'benefit to the recipient` approach enshrined in Article 4 (2) of the Basic Regulation.
(15) In analysing the schemes, the Council is aware that in some cases not all salmon growers will have received exactly the same benefit of the subsidies found. However, since any grower can sell to any exporter, it is impossible to impose a company specific duty which could be enforced by customs authorities, since the identity of the grower could never be checked. Consequently, a single rate of subsidy has been calculated in all cases, since only a single country-wide duty is appropriate in this case. Moreover, although total sales of salmon in Norway have been used as the denominator, this does not mean that all salmon growers are considered to have been subsidized. Indeed, any importers which consider that they have obtained salmon from less- or non-subsidized growers and/or exporters can request refunds of countervailing duty in accordance with Article 13 of the Basic Regulation.
(b) Agreement on the European Economic Area (EEA Agreement)
(16) The Norwegian Government alleged that certain subsidies should not be examined under the countervailing duty regulation, in view of the provisions of the EEA Agreement. Article 26 of the EEA Agreement prohibits the use of countervailing measures, unless otherwise specified in the Agreement. In this respect, Article 20 of the EEA Agreement explicitly states that provisions and arrangements that apply to fish are set out in Protocol 9 to the Agreement. Article 4 (3) of Protocol 9 expressly permits the use of countervailing measures in order to remedy the injurious effects of subsidies in the fisheries sector.
Protocol 13 to the Agreement limits the use of anti-subsidy measures to areas where the Community acquis is not fully integrated. This is the case as regards the fisheries sector. However, Norway referred to the fact that while some of the alleged subsidies were fish-specific (e.g. FOS/Rødfisk), others, for example regional aid and differentiated social security contributions, were 'horizontal` schemes which applied to all sectors in Norway. It was claimed that these subsidies, since they were subject to approval by the EFTA Surveillance Authority (ESA) on the basis of common State aid rules with those of the Community, should not be investigated under the Basic Regulation, which in the case of Norway could only apply to subsidies directed at the fisheries sector.
The Council's position is that all the alleged subsidies should be examined in the course of this investigation. The fact that certain 'horizontal` subsidies may be found countervailable in this case is an issue separate from their approval or otherwise by the ESA, and it does not prejudge their legal status under any international agreement. It does, however, pave the way for legitimate redress, by means of measures at the Community frontier, for a Community industry producing a product to which the full benefit of the EEA Agreement does not apply.
In this regard, the object and purpose of the Basic Regulation is to counteract the injurious effects of a subsidy found to be countervailable as regards the products under investigation, irrespective of whether the granting of the subsidy by the subsidizing country is, or is not, legitimate in view of the applicable international rules. Thus, application of the Basic Regulation to any of the 'horizontal` subsidies in no way contradicts their approval by the ESA and consequently their legality under the EEA Agreement. The application of the Basic Regulation merely concerns the effects of these 'horizontal` subsidies on production of salmon and on its export to the Community.
I. PROGRAMMES FOUND TO BE COUNTERVAILABLE
1. Differentiated social security contributions
(a) Description of the scheme
(17) The complainant alleged that the Norwegian social security system subsidizes the salmon industry through the applicability of different rates of employers' contributions depending on their location.
For the purpose of determining the rate of social security contributions, Norway is divided into five zones, with the following rates applicable to each zone:
TABLE
Pursuant to the National Insurance Act of 17 June 1966, Norway applies a differentiated employers' social security contribution system. The scheme was introduced in 1975 as an amendment of the National Insurance Act. The programme is part of a policy to maintain and develop the more remote regions of Norway. The contribution is calculated as a percentage of the gross salary payments (see above).
The percentage applied for determining the rate of contribution depends upon the residence of the employee. All economic sectors benefit from the exemption or reduction, including the salmon industry.
The zones are established on the basis of a model consisting of 11 indicators: net migration, distances to centres of more than 5 000, 10 000 or 50 000 inhabitants, percentage of the population living in villages or towns, number of females per 100 males, percentage of the population aged 20 to 49, unemployment rate, percentage of the population receiving disability pensions, percentage of the population holding university degrees, average taxable income, percentage of population employed in primary sectors and percentage of labour force employed in selected tertiary sectors. These indicators are weighted by 0,075, except for migration, which is weighted by 0,25. This analysis was last carried out in 1988 at municipal, regional and county level.
(b) Existence of a subsidy
(18) An analysis of the questionnaire response and verification by the Norwegian Government revealed that the differentiated employers' social security contribution constitutes a subsidy as defined in Article 2 of the Basic Regulation.
The reduction in, or exemption from, employers' social security contributions constitutes a financial contribution by the government of Norway. The system constitutes government revenue that is foregone or not collected. In exempting or reducing the employers' social security contributions, in all zones except zone 1, the government revenue is reduced. Therefore, the scheme falls within the definition of a financial contribution in accordance with Article 2 (1) (a) (ii) of the Basic Regulation.
The scheme clearly confers a benefit to the employers in accordance with Article 2 (2) of the Basic Regulation. In employing employees resident in zones 2 to 5, employers obtain a benefit compared to the situation that would exist if all employees were resident in zone 1 and were subject to the basic rate of 14,1 %. It should be noted that 73 % of the population resides in zone 1. The benefit to employers employing employees in zones 2 to 5 is the difference between the actual amount of social security contributions paid and the amount of such contributions that would have been paid had the basic rate of 14,1 % been applied.
The Norwegian Government claimed that the scheme in question is a general tax measure, and that since the rate of contributions for each zone was set separately by central government no revenue was foregone. This argument cannot be accepted, since this kind of scheme involving different rates of contribution by region is equivalent to a system of reductions and exemptions from a basic rate and clearly confers a benefit to those enterprises which qualify for such reductions or exemptions. For this reason, the Council has determined that the amount of subsidy should be measured by reference to the highest rate of contribution.
(c) Specificity
(19) This subsidy is specific within the meaning of Article 3 (2) (a) of the Basic Regulation. The investigation has demonstrated that in practice almost all employees live in the same zone as the employer. Consequently, the scheme confers a de facto benefit to employers on the basis of their location. The scheme is specific since employers located in zones 2 to 5 pay less than the basic rate in zone 1, and therefore the benefit conferred is limited to firms located in those zones.
(d) Calculation of the benefit
(20) The Government of Norway did not provide global figures for social security contributions by salmon producers. Therefore the basis for the calculation of the benefit was the social security contributions of the cooperating and verified producers located in zones 2, 3, 4 or 5. The subsidy was calculated by comparing the actual payment of social security contributions with the amount which would have been paid had the basic rate of 14,1 % been applied.
One cooperating producer, which has a large number of related companies involved in the farming of the product concerned, submitted information concerning only a limited number of related companies in the group. In these circumstances, information on the social security contributions of this group was not taken into account as it was incomplete.
The difference was considered to be the benefit to the salmon producers. The total subsidy, when expressed as a percentage of the turnover of the cooperating and verified producers (including zone 1), amounts to 0,93 %.
2. The Norwegian Industrial and Regional Development Fund (SND)
(a) The complaint
(21) According to the complainant, the SND is the main source of finance for the fish-farming industry. Norwegian salmon growers have benefited from SND subsidy programmes such as grants, loans and loan guarantees.
(b) Description of the scheme
(22) The Norwegian Industrial and Regional Development Fund (known by the acronym 'SND`) was established by Act No 97 of 3 July 1992. The SND is operated by the government and is controlled by the Ministry of Industry and Energy. The purpose of the SND is to promote the commercial and socio-economic development of Norwegian industry. The support is primarily targeted at small and medium-sized enterprises and regions which are economically underdeveloped.
In practice, projects are funded through a combination of loans and grants. Each applicant has to submit a financial overview of the project for which financing is requested. If financial aid is granted, a percentage of the total cost is covered by a grant and another percentage is usually covered by a loan.
The SND also guarantees commercial loans. In addition, it provides equity infusions (see recital 69).
(c) Types of subsidy
A. Grants
(23) The SND grant scheme is funded partly through the budget of the Ministry Industry and Energy (grants covering all regions) and partly through the budget of the Ministry of Local Government and Labour (grants to assisted areas). In the period 1986 to 1996, around Nkr 270 million was paid in grants to salmon growers and Nkr 100 million was paid to mixed/integrated enterprises (processors and preservers handling fish including salmon).
The grant scheme includes 5 types of grants:
1. development grants;
2. business development grants for SMEs in central regions;
3. investment grants in assisted areas;
4. business development grants in assisted areas;
5. regional development grants.
Grants 2, 3 and 4 are limited to certain regions in Norway while programmes 1 and 5 are available to all regions.
Existence of a subsidy
(24) The SND grant scheme clearly constitutes a subsidy within the meaning of Article 2 of the Basic Regulation.
The grant scheme provides a financial contribution since there is a direct transfer of funds to the beneficiaries within the meaning of Article 2 (1) (a) (i) of the basic Regulation. The scheme confers a benefit to salmon producers, since investment costs are reduced by the amount of the grant.
Specificity
(25) As regards SND grants, specificity is twofold:
- regional specificity, and
- lack of objective criteria and of automatic eligibility for non-regional schemes.
(26) With regard to the business development grants in central regions, investment grants in assisted areas and business development grants in assisted areas, access to the subsidy is limited to enterprises in certain regions and specificity therefore exists.
(27) With regard to the grants which are available nationwide, most SND funding is distributed to each county in Norway. Each individual county decides which projects are eligible for support. Although SND funding is in theory generally available, support is not granted on a consistent basis to eligible projects. The investigation revealed that there are no objective criteria applied in selecting projects. Since the counties have the ultimate responsibility for selection of projects, the criteria and priorities differ between counties, and even within the counties the criteria are not consistently applied. In the absence of objective criteria, it is clear that a large amount of discretion exists. The amount of discretion exercised is evident from the questionnaire reply of the Norwegian government. The response contains examples of similar applications where one is rejected while another one was accepted. Although the existence of a certain amount of discretion for granting authorities does not necessarily render a subsidy specific, the complete absence of any consistency and objective criteria in the counties as regards the selection of projects means that the non-specificity requirements of Article 3 (2) (b) of the Basic Regulation are not met. In addition, certain SND benefits have been granted in disproportionately large amounts to the fish farming sector over a number of years, which would in any event lead to a finding of specificity under Article 3 (2) (c) if the Basic Regulation as regards the SND as a whole.
(28) In conclusion, the SND grants are specific within the meaning of Article 3 (2) of the Basic Regulation. There are no objective criteria for approving grants, and certain SND benefits have been disproportionately granted to fish farming. In addition, the grants which are restricted to certain regions are by definition specific.
Green-light claim
(29) The Norwegian government claimed green-light treatment for regional aid granted by SND in the form of investment grants in assisted areas and business development grants in assisted areas in accordance with Article 3 (8) of the Basic Regulation.
In order to assess the merits of this claim, it is necessary to analyse it in the light of the criteria set out in the abovementioned Article.
(i) Assessment
(a) Positive elements
(30) The grants are given within a general framework of regional aid, as defined by regulation and in Norway's regional plans.
(31) Eligible regions are designated according to their level of GDP per capita, unemployment and population density, and in total cover about 25 % of the population of Norway. These are three eligible regions, zones A, B and C. The rest of Norway is not eligible for regional aid.
(32) Aid ceilings have been established according to the level of development of each eligible region. Zone A, the least developed (covering the far north of Norway), is eligible for aid up to 50 % of eligible costs, zone B up to 30 % and zone C up to 25 %. All percentages include a supplement for small and medium-sized enterprises.
(33) The eligible regions are clearly designated contiguous geographical areas.
Norway is divided into 19 counties and 435 municipalities. All eligible regions consist of a mixture of whole counties and of groups of municipalities within counties. The county is the basic unit of analysis as regards regional aid, but many counties consist of municipalities which are in different zones, and several counties include a mixture of eligible and non-eligible municipalities. In spite of this, however, there appears to be homogeneity in the attribution of different municipalities to the different zones and the boundaries of each zone always coincide with municipality boundaries.
(b) Negative elements
(34) On the basis of the four elements examined above, the green light criteria set out in Article 3 (8) of the Basic Regulation are so far met. However, within the regions, aid is specific, within the meaning of the Basic Regulation.
As has already been explained, although the aid is mainly granted by central government, it is the county authorities which select recipients and disburse the aid. Since the criteria for selecting eligible companies are subjective (see recital 25), this gives rise to inconsistency from county-to-county in how aid is granted, and therefore there is a lack of consistent application within each zone. In addition, certain SND benefits have been granted disproportionately to the fish farming sector. Therefore specificity exists within each assisted region.
(35) Moreover, the actual application of the criteria for selecting eligible regions is not consistent. Article 3 (8) (iii) of the Basic Regulation stipulates that one of the following criteria must be met:
- GDP per capita below 85 % of national average,
- unemployment rate at least 110 % of the national average.
It has been established, that while all eligible regions in zone A and zone B (either whole counties or groups of municipalities) meet the above GDP criteria, the situation as regards zone C is more complicated. Overall, zone C has a GDP per capita equivalent to 81,6 % of the national average, but in case of one county (Sogn og Fjordane) within zone C, neither the GDP nor the unemployment criteria are met; and the same is true of a number of other groups of municipalities which constitute the zone C region within a particular county.
(ii) Conclusion
(36) Under Article 3 (8) of the Basic Regulation, aid must be non-specific within eligible regions for the subsidy to be non-actionable. In this case, since aid within all eligible regions is specific, none of them qualify for green light treatment. As regards zone C, the fact that several eligible areas within it do not meet the GDP or unemployment criteria constitutes a second factor which in any event disqualifies zone C. Consequently, the green light claim has to be rejected.
Therefore, it is concluded that all SND grants are countervailable.
Calculation of the benefit
(37) During the verification visits to salmon growers, it was established that SND grants were in general used for the acquisition of fixed assets. Therefore, in accordance with Article 4 (3) (d) of the Basic Regulation, the value of the grant was allocated over a period reflecting the normal depreciation of fixed assets in the industry. The investigation revealed that according to general Norwegian accountancy principles productive assets are written down at an annual rate of 15 %, which results in a 7-year depreciation period. Since this practice was also followed by the salmon growers, this depreciation period was used for the allocation of the benefit of the grants.
(38) The total amount of grants made to salmon growers during the period 1 January 1989 to the end of the investigation period, (Nkr 204 million) was allocated on a straight-line basis over 7 years. The benefit for each year is increased by the commercial interest rate, thus reflecting the normal cost to the beneficiary of borrowing an equivalent amount each year. Using this method, the amount of grants attributed to the investigation period is Nkr 49 980 000 including the addition of 8,25 % annual interest, the average rate for the period concerned.
The total sales (export and domestic) of Norwegian salmon producers in the investigation period amounted to Nkr 10 460 million.
The grant amount was expressed as a percentage of the total sales value; the subsidy is 0,48 %.
B. Loans
(39) SND operates a loan programme. This programme consists of three types of loans:
- secured loans for long-term investment,
- risk capital loans for investment,
- risk capital loans for investment in assisted areas.
The criteria for eligibility are identical for the grants.
The basis for stipulating the interest rate in each case is the interest rate on government bonds plus a deposit commission of 0,4 %. The investigation showed that during the investigation period the interest rate was close to the interest rate of commercial banks. However, in the past loans were granted at an interest rate lower than tha commercial interest rate.
The SND loans are usually granted with a grace period of 1 or 2 years without any repercussion on the interest rate.
Existence of a subsidy
(40) The SND loan programme constitutes a subsidy as defined in Article 2 of the Basic Regulation.
There is a financial contribution in the provision of loans from the government and a benefit is conferred in three ways: (a) the loan is given interest-free for 1 or 2 years (depending on the amount of the loan and the repayment period); (b) the interest rate is lower than the interest for similar loans in the private market; or (c) the loans are not repaid and are forgiven by the SND.
The SND incurred losses of approximately Nkr 235 million on loans to the fish farming sector between 1989 and the end of the investigation period.
Specificity
(41) Thus, the SND loan programme is countervailable with regard to loans which fall into any of the categories above. Since the same criteria for eligibility apply as for SND grants (recitals 25 to 28), the specificity analysis for grants is applicable to loans. Furthermore, there is clear evidence of disproportionate use of this subsidy by the fish farming sector in certain years.
Calculation of the benefit
(42) As regards the preferential interest aspect of SND loans, the calculation of the benefit was done through an analysis of the SND loans with the cooperating and verified producers. The SND loans confer two types of benefit: a preferential interest rate (loans prior to 1994) and grace period (period of 1 or 2 years of interest-free loan provision).
The subsidy was calculated by comparing the interest which was actually paid with the normal commercial interest rate. The commercial interest rate was taken from the monthly interest rates of Norske Bank, the major commercial bank in Norway.
The interest benefit was divided by the term of the loan in order to calculate the annual benefit. Finally, the benefit was allocated to the investigation period. One cooperating producer, which has a large number of related companies involved in the farming of the product concerned, originally submitted information concerning only a limited number of related companies in the group. Information relating to loans received by other companies in the group was submitted after the deadline for receipt of such information. In these circumstances, information on the loans received by this group was not taken into account as it was incomplete.
Expressed as percentage to the turnover of the cooperating and verified salmon producers which received SND loans, the subsidy amounts to 0,19 %.
(43) As to the losses incurred by the SND on loans due to non-repayment, it was established that such losses were heavily concentrated in the period 1990 to 1993. Although the benefits, in the form of a relief of obligations incurred by the salmon industry, were obtained on a regular basis, attribution to the year in question is not appropriate, since the unusual concentration of losses over a short period constitutes 'special circumstances` under Article 4 (3) (e) of the Basic Regulation, and justifies allocation over time. Therefore this benefit can be characterized as a de facto non-recurring grant, and is allocated over the normal period of 7 years (see recital 37).
An additional argument in favour of this approach is the fact that it is reasonable to assume, in the absence of sufficient cooperation from Norwegian producers, that such large amounts of money must have been used to acquire fixed assets, since it has already been established that most SND grants are used for this purpose. With the addition of interest (using the parameters explained in recital 38) the amount attributed to the investigation period is Nkr 57 600 000. Expressed as a percentage of total sales of Norwegian salmon during the investigation period, the subsidy is 0,55 %.
Norway argued that it was unfair to consider all losses on loans as subsidies, since private banks also incurred losses, and the SND, like private banks, accepted a level of risk. The interest rate charged was meant to include a risk element. Furthermore, since most losses involved bankruptcies, the salmon growers involved usually ceased trading and therefore obtained no benefit.
It is considered that the losses constituted debt forgiveness by government, and therefore a subsidy. In any event, the SND interest rate was found to be below the commercial rate and in addition grace periods were given. Moreover, no evidence was presented that most of the SND losses concerned bankrupt companies, but even if they did, there was clear evidence that the licences had been picked up by other growers, who were effectively relieved of the debt obligation.
(44) The total subsidy under the loan programme therefore amounts to 0,74 %.
C. Loan Guarantees
(45) The SND provides two types of loan guarantees:
- loan guarantees,
- loan guarantees in assisted areas.
The guarantees are given as guarantees of collection. The loans guaranteed by SND can only be used for financing investment or working capital. The lender bank is obliged to secure the loan guaranteed by the SND according to the conditions set out in the letter of approval. Before SND makes any payment on a guarantee, substantiated proof of the debtors' insolvency is required.
It did not appear from the investigation that the SND loan guarantee has any influence on the interest rate provided by the lending bank. In addition, the company which obtains a guarantee has to pay a fee to SND equivalent to 1 % to 1,5 % of the lending amount. However, from 1989 onwards, the amount collected in fees, both as regards the scheme as a whole and the fish farming sector in particular, has been manifestly inadequate to cover the payment for defaults.
The programme was used to repay banks for loans to salmon growers which were not repaid. This resulted in effective grants to salmon growers.
Existence of a subsidy and specificity
(46) The investigation revealed that the loan guarantee programme constitutes a subsidy.
There is a financial contribution from the SND and there is a benefit for the salmon growers whose loan was guaranteed to the extent that the guarantee was not made on a commercial basis. It is clear that the fees were set at a level which would not cover, even in the long term, the amount of defaulted loans paid back to the banks: in these circumstances, the default payments in excess of fees paid constitute grants to salmon growers. The subsidy is specific; the specificity analysis applied for SND grants (recitals 25 to 28) is also valid for loan guarantees. Furthermore, there is clear evidence of disproportionate use of this subsidy by the fish farming sector.
Calculation of the benefit
(47) Between 1989 and the end of the investigation period, losses on the scheme as regards the fish farming sector amounted to Nkr 317 million. In accordance with Article 4 (3) (b) (i) of the Basic Regulation, the fees incurred in order to qualify for the benefit were deducted from the total payments made by the SND in the loan guarantee programme. Although the loan guarantee scheme is operated on a regular basis, almost all the default payments on loan guarantees were made between 1989 and 1992, and in view of this heavy concentration this benefit can be characterized as a de facto non-recurring grant and should therefore be allocated over a period of seven years. In this regard, the same considerations as were used in the case of losses on SND loans apply (see recital 43). With the addition of interest using the parameters explained in recital 38, the amount attributed to the investigation period amounts to Nkr 77 890 000.
Expressed as a percentage of the total sales of Norwegian salmon during the investigation period, the subsidy is 0,74 %.
As for SND loans, Norway argued that it was unfair to consider all losses on loan guarantees as subsidies, since salmon growers had defaulted on loans on which both the SND and private banks had accepted a level of risk which had been taken into account in the interest rate charged for those loans. However, it is considered that loans from the SND were subsidized and that losses on such loans constitutes debt forgiveness. Furthermore, the fees charged for the loan guarantees were manifestly inadequate to cover long-term liabilities arising from defaulted loans.
3. Transport subsidies
(a) The complaint
(48) The complainant alleged that transport of salmon has been supported by a system of grants to compensate producers in remote areas for the extra freight cost arising from their geographical location.
(b) Description of the scheme
(49) The investigation established that Norway has set up a transport subsidy scheme through the county administrations. The scheme aims to provide aid to compensate for the long distances to the markets. The schemes are operated and financed by the counties. Only 5 of the 19 counties operated a transport aid scheme during the period of investigation. These were Møre og Romsdal, Nord-Trøndelag, Nordland, Troms and Finnmark.
The total budget for transport aid in the five counties was Nkr 74 267 402 in 1995. In Møre og Romsdal, Nord-Trøndelag, Troms and Finnmark no subsidies were granted to the transport of fresh fish. Only Nordland operated a transport aid scheme for the transport of fresh fish.
In Nordland a number of selected sectors within the processing industry are eligible for transport grants. On the basis of actual costs, the scheme is open to applications for partial compensation providing that the transport costs are significant. The maximum ceiling range is 30 to 45 % of total transport costs. Only the portion of the inland transport is eligible for transport aid.
(c) Existence of a subsidy
(50) The transport aid scheme constitutes a subsidy within the meaning of Article 2 of the Basic Regulation.
The scheme clearly provides a financial contribution in accordance with Article 2 (1) (a) (i) of the Basic Regulation, since up to 45 % of the transport costs are reimbursed by the counties. The programme confers a benefit to salmon producers and/or exporters since the transport expenses which are incurred under normal circumstances are reduced.
The scheme is specific within the meaning of Article 3 of the Basic Regulation. There are no clear objective criteria for granting the subsidy and the transport subsidy is not granted automatically. The county municipalities exercise great discretion in: (a) granting the subsidy; and (b) the amount of refund which is paid. The verification made it clear that even if a company fulfils the criteria for obtaining a benefit, it can be rejected without express motivation. Consequently, the transport aid scheme is specific within the territory of the county concerned and therefore countervailable.
(d) Calculation of benefit
(51) The total amount of grants from the transport aid scheme to companies transporting, among other fish products, salmon, was calculated. Specific figures for salmon were not provided. The amounts of grants used for the calculation were those relating to transport aid received in 1995 and 1996. The amount of grants attributed to the investigation period is Nkr 1 420 000.
The grant was expressed as a percentage of the total sales value of salmon in the investigation period. The subsidy is 0,01 %.
4. Regional Commission for northern Norway and North Trondelag
(52) The Regional Commission for northern Norway and North Trondelag is a regional policy body, whose task is elaboration of regional policy and promotion of commercial and industrial development in the region.
Funds are granted for special development measures in northern Norway and the purpose of these is to help to promote innovation and readjustment in the region's commerce and industry. The fund has been organized in programmes such as a travel and tourism programme, an industrial programme, a fisheries and aquaculture programme.
In the investigation period one grant of Nkr 800 000 was made to a project involving three companies, of which one is salmon-related.
Existence of a subsidy
(53) The grant is a direct transfer of funds from the government and therefore constitutes a subsidy. The grant clearly confers a benefit to the salmon sector. However, on an ad valorem basis the amount of benefit is too negligible to be taken into account.
5. FOS/Rødfisk
(a) The complaint
(54) The complainant alleged that the government supported salmon farmers through the Norwegian Fish Farmers' Sales Organization (FOS) and Rødfisk AS.
(b) Description of the scheme
(55) At the end of 1989, an imbalance occurred between demand and supply in the European salmon market. In view of the difficulties in the market, the Norwegian Association of Fish Farmers and FOS, which was the sole exporter of salmon in Norway, set up a freeze-storage programme in January 1990. The aim was to withhold a certain amount of salmon from the market in order to improve the prices. In order to finance the programme an obligatory freezing-fee of Nkr 5 per kilo was introduced. In addition, FOS took a loan from the Christiana Bank for Nkr 1,3 billion. A second loan of Nkr 600 million was given by a consortium of Norwegian banks.
In October 1991, FOS experienced serious financial problems in relation to the repayment of the loan. In addition, the county court of Trondheim decided on 28 October 1991 that the freezing-fee of Nkr 5 was illegal. These factors created serious doubts as to the ability of FOS to repay its debts to the banks and resulted in its bankruptcy in early November 1991.
As a result of the bankruptcy, the banks and the Norwegian government started negotiations to find a solution for the crisis. Before the bankruptcy, FOS had frozen 90 000 tonnes of salmon and the majority of the salmon farmers delivering salmon to FOS had outstanding invoices. The banks and the Norwegian government got together to achieve a controlled liquidation of FOS. The agreement resulted in the establishment of a company called Rødfisk which would conduct the liquidation of FOS. Rødfisk is a consortium of major Norwegian banks which were the main lenders to FOS. Rødfisk was established to deal with two major issues: the sale of the remaining stock and the repayment of fish farmers which had a claim on FOS. At the time of the bankruptcy, about 35 000 tonnes of frozen salmon remained in stock.
Rødfisk was financed by the banks and the Norwegian government. Firstly, the government provided an interest-free loan on Nkr 400 million. This loan was never repaid and eventually written off. The banks took over claims to the FOS' bankruptcy of Nkr 560 million.
The newly financed Rødfisk started repaying the salmon farmers at 49 % of their initial claim and sold the frozen salmon in non-traditional markets. Indeed, Norway concluded an agreement with the European Commission not to sell the salmon within the Community.
The investigation revealed that during 1992 Rødfisk also gave loans to salmon growers at an interest rate of 6,0 %. The commercial interest rate at that time was 11,5 %.
(c) Existence of a subsidy
Government grants to Rødfisk
(56) The interest-free loan of Nkr 400 million provided by the Norwegian government to Rødfisk which was subsequently written off constitutes a subsidy in accordance with Article 2 of the Basic Regulation.
The financial contribution consists of a non-recurring grant of Nkr 400 million in accordance with Article 2 (1) (a) (i) of the Basic Regulation.
The benefit for the salmon growers resulting from the use of the grants by Rødfisk is twofold: (a) partial repayment of their claim to FOS which would not have occurred under normal market conditions; and (b) the provision of loans at preferential interest rates.
Although the Nkr 400 million grant was made to Rødfisk and not directly to the salmon growers, it is reasonable to conclude that the benefit was enjoyed by the growers, since Rødfisk only existed for the purpose of resolving the outstanding problems inherited from FOS. The Nkr 400 million is considered to cover the benefits from the repayments of claims and the preferential loans.
Specificity
(57) The subsidy is clearly specific since only salmon farmers could benefit from the payments of Rødfisk.
Therefore, the non-recurring grant of Nkr 400 million is countervailable.
The Norwegian Government referred to the agreement with the European Commission (recital 55) and argued that, in view of the circumstances pertaining at the time, it was not reasonable now to return to this matter and countervail the subsidy. The Council, however, takes the view that nothing in the agreement prevents the taking of protective measures and since the effects of the subsidy are still present, there is an obligation to countervail in order to remedy any injurious effects.
Loans from banks to FOS
(58) The verification revealed that the loans advanced by the banks were made on a commercial basis. Christiana Bank was a private bank at that time and the repayment of almost all the loan was eventually secured. Although a number of banks participating in later loans to FOS and Rødfisk were State-owned for a period of time, there is no evidence they behaved in a non-commercial manner.
To the extent that certain banks were part of the government as defined in Article 1 (3) of the Basic Regulation, there was a financial contribution in the form of loans to FOS and Rødfisk. However, since the banks acted on a commercial basis, and Rødfisk repaid the loans, salmon growers derived no benefit.
Calculation of benefit
(59) Large non-recurring loans are allocated over a period of time reflecting the normal depreciation period for fixed assets in the industry concerned.
The total amount of the grant (Nkr 400 million) was allocated over a 7-year period since, as already explained with regard to SND grants, 7 years is the normal depreciation period applicable in Norway (recital 37). This resulted in an attributed amount to the investigation period of Nkr 97 940 000. As was done with SND grants, this amount was increased with the weighted average interest rate loans to the fish farming industry during the investigation period (8,25 %) since salmon growers would have paid interest if they had borrowed an equivalent amount with commercial banks.
The grant was expressed as a percentage of the total sales value of the Norwegian salmon growers in the investigation period. The subsidy is 0,94 %.
II. PROGRAMMES FOUND NOT TO BE COUNTERVAILABLE
6. The Research Council of Norway (RCN)
(60) The complainant alleged that the Research Council of Norway (RCN) spends Nkr 100 million annually on R& D work directed towards the fish farming industry through five different programmes.
The RCN's objective is to support R& D in various sectors in Norway. Eligible receivers of support are universities, research institutes and companies. It was established that salmon growers received Nkr 24 million in aid from RCN during the investigation period.
The Government of Norway had made a claim for green-light treatment for this aid, on the basis that it is granted in accordance with the criteria set out in Article 3 (7) of the Basic Regulation. It has been established that RCN supports up to 50 % of the costs for basic industrial research and 25 % of the costs of applied research; these percentages can be increased by 10 % if an SME is involved. The costs involved fall within the definition of eligible costs specified in Article 3 (7), and the percentages are well below the upper limits of 75 % and 50 % respectively allowed by this Article.
Consequently, it has been concluded that R& D aid from the RCN is non-actionable and cannot be subject to a countervailing duty.
In addition, regardless of the issue of green-light treatment, there is no evidence that the RCN aid is specific.
7. The Seafood Export Council
(61) This body was set up in 1991 to promote Norwegian seafood in export markets, in succession to the FOS. Its expenditure has grown from Nkr 2 million in 1992 to Nkr 35 million in 1995.
It was established that the Seafood Export Council does not grant assistance to individual salmon growers or exporters, but does promote the product at trade fairs and in special promotion activities.
The Seafood Export Council is financed directly by a levy on salmon growers. Consequently, its funding is derived from a mutually agreed private source and any assistance granted does not constitute a subsidy.
8. North Norwegian Growth
(62) The complainant alleged that North Norwegian Growth, a body 30 % owned by the State and also partly owned by the State-owned SIVA, DNM and Troms County Council, provided subsidies and equity infusions within aquaculture and elsewhere.
It was established that North Norwegian Growth is a public investment company that provides resources in the form of share capital and advice to small and medium-sized firms in northern Norway with a potential for growth and profitability. The company was established in 1992. The company's activities are concentrated in the marine sector.
It is clear that North Norwegian Growth provides equity investments to companies in the north of Norway. It is State-owned, but aims at a rate of return of at least 8 to 10 % above the risk-free rate per annum. In June 1996, it made its largest investment in the salmon sector, Nkr 8,5 million in a salmon producer, giving North Norwegian Growth a 34,5 % shareholding. The analysis of this equity infusion confirmed that the involvement of North Norwegian Growth is based on a long-term perspective and that it intends to ensure an adequate rate of return on its investment. The examination of the economic assessment of the further prospects of the company appeared to justify the infusion from the point of view of a reasonable private investor. It was also established that previous equity investments in fish farming had been profitable. In addition, in cases where a market price exists for the shares of the companies involved, there is no evidence that North Norwegian Growth has paid more than this price.
Consequently, the equity infusions, while constituting a financial contribution from the government, do not appear to confer a benefit to the recipient and cannot be considered to be a countervailable subsidy.
9. Sties
(a) The complaint
(63) The complainant alleged that Sties Transport was a company which transports between 70 to 80 % of Norwegian salmon and has incurred losses in recent years. It alleged that there are strong indications that the loss-making activities of Sties have been financed by the Norwegian State.
(b) Description of the scheme
(64) Sties Thermo-Transport AS changed its name to Nor-Cargo Thermo AS from 1 June 1996 (hereafter Nor-Cargo). Nor-Cargo is a transport company which specializes in the transport of temperature-dependent goods including salmon, on a national and international basis. Nor-Cargo's share of transported Norwegian salmon fell from 50 % about 10 years ago to 36 % in 1994, 34 % in 1995 and 24 % in 1996.
Nor-Cargo made a small net profit on salmon transport in 1994 and 1995, equivalent to 4 % of turnover. The company as a whole made small losses between 1992 and 1995. The investigation revealed that these losses were covered by available funds within the company (reserves built up in the previous years) or by a group contribution from a profitable subsidiary within the Nor-Cargo group.
As regards salmon transport, Nor-Cargo explained that it is having to price close to its cost level because of the strong competition in the transport market. No specific rebates are granted to customers in the salmon industry.
Nor-Cargo is fully owned by Nor-Cargo AS, which is a private company. Nor-Cargo AS has three main shareholders: Vesteralens Dampskipsselskap (VD), Stavangerske Dampskipsselskap (SD) and Troms Fylkes Dampskipsselskap (TFD). VD and TFD are both 25 % owned by local municipalities. None of the representatives of the local municipalities is a member of the board of directors of Nor-Cargo. The verification did not uncover any evidence that national or local governments have involvement or any influence in Nor-Cargo.
(c) Existence of a subsidy
(65) The transport services of Nor-Cargo do not constitute a subsidy within the meaning of Article 2 of the Basic Regulation for the following reasons:
Firstly, Nor-Cargo does not fall within the definition of a government or public body as defined in Article 1 (3) of the Basic Regulation. Nor-Cargo Thermo is 100 % owned by Nor-Cargo which is a private company. Although local municipalities and State-owned firms are minority shareholders in Nor-Cargo, their holding being equivalent to about 16 %, the investigation revealed no evidence to show that these have any influence in the decision-making process of Nor-Cargo.
Secondly, Nor-Cargo has not financially contributed to the salmon producers. Their services are rendered at normal market rates. Nor-Cargo is competing as a private company in the Norwegian transport sector.
Thirdly, Nor-Cargo did not apply preferential transport rates to salmon producers and consequently did not confer a benefit to the salmon growers.
Finally, the losses of Nor-Cargo have not been covered by the government or any public body. All losses were covered by available funds within the company or were covered by a transfer of funds in the Nor-Cargo group.
Therefore, there is no subsidization involved.
10. State-owned banks
(a) The complaint
(66) The complainant alleged that, following the banking crisis in Norway, Norwegian State-owned banks financed losses in the salmon sector. According to the complainant, around 14 % of the loans to borrowers in this sector were written off in 1991.
(b) Description
(67) The Norwegian banks began to incur serious losses on loans in 1987, and in the succeeding years losses increased sharply. By 1989, eight banks had lost their full capital and were unable to meet liabilities. In early 1991, it became clear that the private bank's guarantee fund would no longer be able to meet the capital needs of the industry.
In this respect, in March 1991, the government established the Government Bank Insurance Fund (GBIF established by Act No 2 of 15 March 1991) in order to provide loans on special terms to banks' guarantee funds and ultimately take shares in the banks. In October 1991 the government established the Government Bank Investment Fund which was authorized to provide equity capital in the banks and issue loans on a commercial basis. In this respect, the government became majority shareholder in most of the major banks in Norway during 1991/1992. In the case of some banks, this government shareholding has subsequently been reduced or eliminated.
These measures were considered necessary to continue the operation of the Norwegian banking system and further provide capital to the business sector and the municipalities.
Although the GBIF exercised powers in the banks in using its voting rights, the GBIF did not interfere in the commercial operations of the banks. The allegation that the government through the GBIF used its power to favour certain industries does not seem to be correct. The investigation revealed no evidence that the banks, although fully or partially State-owned, continued operating on anything but a normal commercial basis vis-à-vis their customers.
(c) Existence of a subsidy
(68) The operation of the State-owned banks in Norway does not appear to constitute a countervailable subsidy.
The investigation revealed that there is no benefit for salmon farmers. As described above, the banks continued providing loans at commercial market rates. The interest rates which were applied to the fish-farming industry in the period of State ownership was the nominal interest rate charged on long-term government bonds (more than 11 years), plus 1,5 % to 2 %. These rates were also applicable to other industries.
The verification showed that all loans to the salmon growers were given at interest rates comparable to the national averages of interest rates of all banks to all sectors; no preferential rates were applied to the salmon sector.
The investigation did show that the banks involved incurred considerable losses on loans to fish farming during the period from 1987 onwards. The amounts of such losses increased sharply during 1990 and 1991, but losses had almost disappeared by 1994. Therefore, losses were already being incurred when the banks involved were still privately-owned and there is no evidence that the move into State ownership affected the lending practices of the banks or led to them granting loans on easier terms. In fact, losses on loans to fish farming peaked during 1990, before the government had taken shares in any of the major banks. Any losses on loans to salmon producers which coincided with the period of State ownership of the banks were due to the continuing difficulties encountered by this sector in the early 1990s (following over-production and the freezing programme set up by FOS) and did not appear to represent a departure from normal commercial practice with regard to fish farming. It is undeniable that government intervention in the banking sector enabled continuing support to be given to salmon growers, and that such support may not have been forthcoming in the absence of government intervention.
However, the losses on loans incurred during the period of State ownership were recurring benefits and would have been charged during the year in question. Consequently, any subsidy involved would no longer have had any effect. Furthermore, there is no evidence of specificity with regard to any benefits received.
11. SND equity infusions
(69) SND has invested about Nkr 120 million in companies concerned with salmon. The investigation established that SND's investment policy is based on earning an adequate return on its equity stakes, and an examination of SND's accounts shows that these operations are profitable. In addition, in cases where a market price exists for the shares of the companies involved, there is no evidence that SND has paid more than this price.
Consequently, these infusions have involved a financial contribution from the government, but no benefit appears to have accrued to salmon growers, since there is no evidence that SND's investment practice is different from that of private investors in Norway.
Therefore, the investigation has not established the existence of a subsidy.
12. Other institutions
(70) The complainant alleged that the Norwegian salmon-farming industry continues to benefit from ongoing subsidization, and a number of other government bodies and agencies, which allegedly provide subsidies, were listed.
It was established that none of the listed institutions granted financial supports which constitute a subsidy within the meaning of the Basic Regulation.
(a) Norwegian Salmon Breeding
(71) It was established that Norwegian Salmon Breeding provides no financial support of any kind to salmon growers. It is a continuation of the breeding organization Norske Fiskeopdretters Avlsstasjon AS (NFA AS) which was established in 1985 by the Norwegian Fishfarmers' Association, the Fishfarmers Sales Organization and the National Association of Fish Hatcheries. Norwegian Salmon Breeding was established by a merger of the NFA AS and the newly-established company Akva Gen AS at Sunndaløra. After a share placing with the participants in the fish farming industry, Norwegian Salmon Breeding held share capital totalling Nkr 21 182 000 distributed among a total of 149 shareholders. The Norwegian Industrial and Regional Development Fund (SND) is one of the shareholders.
(b) Vesco
(72) The National Centre for Veterinary Contract Research and Commercial Services Ltd (Vesco) is a State-owned joint stock company, wholly owned by the Royal Ministry of Agriculture. Vesco is engaged nationally and internationally in contract research for commerce and industry and the public sector. Vesco is the largest distributor of veterinary vaccines in Norway.
Vesco has derived profit from selling goods and services to the fish-farming industry, and has acted on a commercial basis and not provided countervailable subsidies to salmon farmers.
(c) SIVA
(73) SIVA is a State enterprise organized in conformity with the State Enterprises Act, and is wholly owned by the Norwegian State as represented by the Ministry of Local Government and Labour. SIVA's financial activities are associated with the construction and leasing of industrial properties, and initiation of and participation in the establishment of regionally-based investment companies.
SIVA contributed to the establishment of the investment company North Norwegian Growth (see recital 62), and holds 25,62 % of this company's share capital of Nkr 60,3 million. As already explained, North Norwegian Growth carried out investments in the fish-farming industry, but SIVA made no investments or conducted other financial operations related to the fish farming sector during the investigation period.
(d) The State veterinary laboratories
(74) The State veterinary laboratories (SVL) comprise the governmental scientific veterinary diagnostic laboratories in Norway which consist of the Central Veterinary Laboratory in Oslo and the State regional veterinary laboratories in Sandnes, Bergen, Trondheim and Harstad. In addition to diagnostic work on animals including fish and molluscs, SVL serves as an advisory body for the agricultural authorities with regard to disease control and the administration of official regulations concerning animal and aquatic animal health. The fish-farming industry has to pay for the diagnostic service undertaken by SVL. SVL also issues health certificates to fish exporters (when required by the importing country), for which they pay a fee.
Another important fish-related activity at SVL is research on different aspects of serious disease problems that have occurred in the Norwegian fish-farming industry. The research has been financed partly through grants from the Norwegian Research Council, partly through own budget funds or funding from the industry or government to carry out certain research tasks.
The funding does not confer a benefit on salmon growers and is, for this reason, not countervailable.
(e) The Guarantee Institute for Export Credits
(75) The Guarantee Institute for Export Credits (GIEK) is a government agency. GIEK issues guarantees and underwrites export credits to Norwegian exporters in general. In several instances, therefore, the export of salmon to the Community has been underwritten by GIEK as part of its short-term commercial credits programme, if a credit has been granted by the Norwegian exporter to the European buyer.
The furnishing of guarantees is a financial contribution as defined in Article 2 (1) (a) of the Basic Regulation. GIEK underwrites export credits provided that the exporter pays the premium. The premium charged is presupposed to cover all the costs incurred by GIEK involved in the transaction including the risk of claims and losses. This follows from the legal framework of GIEK, which is the yearly government budget. The budget stipulates that GIEK is empowered to underwrite export credits on the condition that the operations of GIEK break even. In 1995 GIEK covered approximately Nkr 1 800 million of fish exports, and internal analysis by GIEK estimates a net profit in the range of Nkr 1,5 to Nkr 2 million.
The verification revealed that the GIEK programme complies with the OECD arrangement on guidelines for officially State supported export credits, and that the interest rate provisions of the Agreement seem to be respected. Consequently, it is compatible with the provisions of the exemption in the second subparagraph of item (k) in Annex I to the Basic Regulation ('the illustrative list of export subsidies`).
In view of the fact that the GIEK programme provides for the recovery of costs involved and was profitable during the investigation period, it is concluded that there is no countervailable subsidy involved.
(f) Joint Competence Committee for the Fisheries Industry (FFK)
(76) The Joint Committee for the Fisheries Industry (FFK) was established on the basis of a Cooperation Agreement dated 9 October 1991 between the Norwegian Fishermen's Association, the Norwegian Fishfarmers Association, the Federation of Norwegian Fishing Industry and the Norwegian Federation of Trade Unions. FFK is a liaison body for the above organizations in the fisheries industry and the fisheries authorities represented by the Ministry of Fisheries.
The funds give no benefit for the production or export of salmon and do not benefit individual producers.
(g) Women's Committee of the Fisheries Industry
(77) The Women's Committee of the Fisheries Industry was established in July 1991 by the Ministry of Fisheries. The Committee administers women's funds appropriated over the Ministry of Fisheries' budget, and the Committee's work is targeted particularly at 66 municipalities in Norway that are dependent on the fisheries. The Committee's main purpose is to strengthen women's position in the fishing industry and in coastal communities. The funds are not employed to support specific enterprises.
The grant schemes do not constitute a subsidy to salmon farmers as defined in the Basic Regulation.
III. CONCLUSION ON SUBSIDIES
(78) The following schemes were found to be countervailable in accordance with the provisions of the Basic Regulation, with amount of subsidy, expressed ad valorem, as follows:
TABLE
The total ad valorem amount of subsidy is 3,84 %.
D. COMMUNITY INDUSTRY
(79) The Community producers supporting the complaint represent approximately 57 % of the total Community production of the product concerned, and were therefore considered representative of the Community industry in accordance with Article 6 (1) of the Basic Regulation.
E. INJURY
1. Preliminary remarks
(80) Information was requested and obtained from all the complaining companies relating to production, sales and market share. However, in view of the large number of producers supporting the complaint and the time limits established in Article 8 (9) of the Basic Regulation, the remaining injury indicators were based on information obtained from a representative sample of Community producers.
(81) Of the 90 Community producers supporting the complaint, a sample of 16 was selected, according to geographical location and size of the companies in terms of production and sales. These companies accounted for 73 % of the output of the complainant Community industry and 42 % of total Community output.
(82) For the purpose of establishing injury in the present proceeding, data relating to the period 1992 to the period covering August 1995 to July 1996 were analysed. The geographical scope of the investigation over this period was the Community as constituted at the time of the initiation of the proceeding, i.e. the Community of 15 Member States. The injury assessment was based on the relevant economic factors as provided for by Article 5 of the Basic Regulation.
(83) It is recalled that the injurious impact of the Norwegian imports on the situation of the Community industry of farmed Atlantic salmon was first established in 1991 by a previous anti-dumping proceeding. Since then, the impact of imports from Norway has led the Commission to impose minimum import prices on a number of occasions. However, such measures appear to have had at best a short-term effect on the market.
(84) The following injury indicators should, therefore, be seen in the light of a long standing, unfavourable situation experienced by the Community industry concerned.
2. Community consumption
(85) In calculating total apparent Community consumption of farmed Atlantic salmon the following combined totals have been taken into consideration:
- the sales volume in the Community of the Community producers, as established on the basis of data provided by the Scottish Salmon Growers' Association, the Shetland Salmon Farmers' Association and the Irish Salmon Growers' Association, in combination with Eurostat for their exports outside the Community,
- the imports into the Community of the products concerned (as declared within CN codes 0302 12 00, 0303 22 00, 0304 10 13 and 0304 20 13) from Norway,
- the imports into the Community of the same products from all other third countries.
With a view to establishing consistent figures covering the enlarged Community of 15 for the whole period under examination, the total imports were based on relevant Eurostat and EFTA imports statistics. In addition, in order to ensure compatibility between the different figures, all data was converted to whole fish equivalent. For this purpose, the import figures for fresh and chilled salmon and for fresh and chilled salmon fillets were divided respectively by appropriate factors of 0,90 and 0,65.
It should be noted that CN codes 0302 12 00, 0304 10 13 and 0304 20 13 may also cover products not included in the scope of this proceeding (i.e. Pacific salmon and/or wild salmon) but for which the quantities imported can be considered, given the origins reported, as negligible.
(86) On this basis, the apparent Community consumption of farmed Atlantic salmon increased from 201 037 tonnes in 1992 to 316 866 tonnes in the last 12-month period under investigation (namely 1 August 1995 to 31 July 1996) - an increase of 58 %.
3. Volume and market share of the subsidized imports
(87) The aggregate volume of imports from Norway increased continuously and substantially from 134 338 tonnes in 1992 to 211 597 tonnes in the last 12-month period under investigation, an increase of 58 %, in line with the increase of Community consumption.
(88) The market share of the Norwegian imports in the Community declined from around 67 % in 1992 to around 62 % in 1993 and 1994 and then increased to 67 % in 1995 and the last 12-month period under investigation.
(89) The fact that Norwegian imports have, over the last four years and a half, been able, in a fast-growing market, to maintain their very high market share is in itself illustrative of the Norwegian exporters' position on the Community market. Moreover, this significant increase in Norwegian imports occurred in spite of minimum import prices imposed by the Commission during this period (see recital 123).
4. Prices of the Norwegian exports
(a) Overall trend
(90) Statistical data show that the cif import price of salmon originating in Norway fell continuously and overall by 27 % between 1992 and the last 12-month period under investigation (namely 1 August 1995 to 31 July 1996). Furthermore, this trend appears to indicate that the minimum import prices imposed during the period examined, were not consistently adhered to by the Norwegian exporters.
(b) Undercutting
(91) For the last 12-month period under investigation, the prices of the sampled Community producers were compared to the prices of Norwegian exports. For the Community producers, the prices of gutted salmon head-on were taken as a basis for comparison. These categories of salmon represented more than 65 % of the volume of sales of all types of salmon sold by the sampled Community producers and accounted for the majority of imports of Norwegian salmon.
(92) For the exporters, prices were based on sales figures provided by the Norwegian exporters having cooperated in the investigations concerning both dumping and subsidies. These prices were adjusted to a Community-frontier customs-duty-paid basis.
(93) Comparisons were made on a monthly weighted average basis. The prices of the Community producers were at ex-works level and at levels of trade known to be comparable to those of Norwegian imports. The results of the comparison showed the existence of monthly undercutting margins of up to 12 %. In addition, undercutting was found to be at its peak during the most important period of the selling season, i.e. the period immediately preceding Christmas.
(94) It should be noted that salmon is traded as a commodity in a transparent and competitive market. It is sold on a daily basis, and the suppliers have to adapt rapidly, i.e. daily or hourly, to any reduction in prices of their competitors, making it therefore difficult to assess undercutting. Consequently, the undercutting margins found should be seen in the context of continuous pressure exerted by the Norwegian imports on the market prices.
(95) Some importers argued that, in comparing prices, an upward adjustment should be made to the Norwegian prices in order to take account of the fact that the consumer is prepared to pay a premium for salmon of Scottish origin. No evidence was provided concerning this claim and in particular regarding differences in the physical characteristics of the products which could justify an adjustment in price.
5. Situation of the Community industry
5.1. Global information
(a) Production
(96) Production of the product concerned by the Community industry increased from 45 801 tonnes in 1992 to 90 206 tonnes in the last 12-month period under investigation. This growth in production resulted from increased demand and allowed the Community industry to reduce its unit cost and improve its productivity. In this respect, information obtained from the sampled companies shows that in the last 12-month period under investigation they were able to produce 2,35 times the quantity produced in 1992, with exactly the same number of workers.
(b) Sales and market shares
(97) The volume of sales of the Community industry on the Community market increased during the period considered from 42 535 tonnes in 1992 to 82 885 tonnes in the last 12-month period under investigation, representing an increase of 40 320 tonnes. This increase should be seen in relation to an increase in consumption of almost 116 000 tonnes in the Community in the same period.
(98) The development of sales volume compared to that of apparent Community consumption, shows that the market share held by the Community industry increased from 21,2 % in 1992 to 28,9 % in 1994, and decreased subsequently to 26,2 % in the last 12-month period under investigation.
5.2. Sampled information
(c) Capacity and capacity utilization
(99) As regards capacity, it was found that the companies selected in the sample used different criteria for establishing capacity and, therefore, no reliable historical figures could be obtained for capacity prior to the last 12-month period under investigation. However, for this last period, figures for capacity provided by the Scottish Environment Protection Agency, an organization recently created which establishes sustainable capacity limits according to environmental requirements, were found to be reliable. On this basis, the average capacity utilization rate was found to be 59 % in the last 12-month period under investigation.
(d) Price evolution
(100) The prices of the sampled companies decreased by 24 % between 1992 and the last 12-month period under investigation. This reduction in price is very close to the reduction in prices of imports from Norway, indicating therefore that the Community industry was unable to resist pressure from Norwegian prices.
(101) Norwegian exporters claimed that the downward evolution of prices was exclusively due to improvement of the cost efficiency of salmon producers world wide.
(102) The Community industry has indeed increased its production and sales over the period examined, with consequent reductions in unit costs and considerable productivity gains. Yet in spite of this, the investigation has shown that the abovementioned decrease in price resulted in sufficient profitability for the Community industry. This is due to the fact that prices have fallen beyond what could have been expected following gains in productivity. While it is true that the price of salmon will decrease if the cost of production decreases, this does not explain the deterioration of the Community industry's profitability (see recital 103).
(e) Profitability
(103) The average profitability improved between 1992 and 1993, but decreased thereafter although the market was expanding and the costs of the Community industry were reduced. Moreover, the average profitability never reached the minimum profit level (approximately 15 % of turnover), which is considered necessary in a high-risk industry such as this (due to the uncertainty created by the risk of disease, predators and bad weather conditions) and was during the last 12-month period under investigation at its lowest point (3,3 %) since 1992. It must be underlined that a majority of the sampled Community producers were making considerable losses during the last 12-month period under investigation.
(104) Regarding profitability, the figure of 15 % which the Commission has taken into consideration as a normal profit margin was deemed excessive by the Norwegian exporters.
(105) As already mentioned above, the investigation established that a profit of 15 % on turnover is indeed necessary in this industry. Apart from the high risk nature of this industry mentioned above, this was further confirmed by examining the profit margins in the salmon industry before the occurrence of injurious subsidization, and also the profit margins that were considered as reasonable in other, comparable, Community industries such as trout farming and poultry. In all these cases the figure of 15 % was confirmed. In addition, a 15 % profit was considered as being a reasonable, albeit conservative, estimate by one Norwegian-owned Community producer. This company considered that 15 % was probably an underestimation as far as small companies were concerned. Finally, if the cumulated profit on sales made in the normal course of trade of the sampled Norwegian farmers and exporters on their domestic market is examined, it is in line with the figure of 15 %.
(f) Employment
(106) Employment levels for the sampled Community producers remained stable between 1992 and the last 12-month period under investigation, with the sampled companies accounting for around 1 100 jobs directly linked to the production of farmed Atlantic salmon. An estimate of the whole employment level in the Community for this industry that there were 3 300 people employed in the salmon business during the same period.
(g) Investment
(107) Investments increased between 1992 and the last 12-month period under investigation. However, this increase should be interpreted in the light of the specific situation of the salmon industry where more than half of the investments in the period were devoted to replacements. Furthermore, in the context of a growing industry where acquisition of up-to-date equipment is crucial, the net investment does not appear to be sufficient to make the apparent growth sustainable in the longer term.
6. Conclusion
(108) In concluding that the Community industry had suffered material injury during the period examined, account was taken of the following facts.
(109) The investigation has shown that the sampled Community producers have suffered significant price pressure over the period under consideration with a consequent significant fall in the prices of these companies. This led to a deterioration of the financial situation of the producers concerned, with insufficient profitability achieved by the sampled companies as a whole and losses by many producers. A number of companies have closed down in the recent past and, among the surviving companies in the sample, some are endangered. Furthermore, this deterioration in profitability should be seen in the light of considerable achievements in respect of productivity during the period examined. As regards market share, it should be noted that after an improvement in 1994, the market share of the Community industry is again in decline in spite of a significant increase in consumption.
(110) In the light of the foregoing analysis, it has been concluded that the Community industry has suffered material injury within the meaning of Article 5 (1) of the Basic Regulation. This conclusion is mainly based on the price pressure suffered, together with decreasing and clearly insufficient profitability of the sampled Community producers.
F. CAUSATION OF INJURY
(111) For the purpose of determining whether the injury suffered by the Community industry was caused by the subsidized Norwegian imports or whether other factors caused or contributed to that injury, the following elements were examined.
1. Causal link between the imports concerned and injury
(112) It should be noted that since the Norwegian imports of salmon were found to be dumped in the same period in which countervailable subsidies were paid to Norwegian producers, the coincidental effects of both dumping and subsidization cannot be distinguished and have therefore to be examined in conjunction.
(113) In examining whether the material injury suffered by the Community industry had been caused by the effect of the dumped and subsidized imports, it was noted, in the first instance, that the injury consisted mainly of continuous price pressure and reduced profitability for the Community producers. This coincided with a significant increase in volume of dumped and subsidized Norwegian imports of salmon. As a consequence, Norway has been able to maintain its market share at a very high level (67 %) in an expanding market. Moreover, the prices of these imports fell significantly during the period considered and undercutting of up to 12 % was found in the most important selling period. In this context, it should be recalled that the market for salmon is transparent. In such a market, any downward pressure on prices is likely to be caused by the main supplier, in this case Norway.
(114) Under these circumstances, it is concluded that the combined effects of dumping and subsidization of the Norwegian imports have caused material injury to the Community industry.
2. Other factors
(115) The trend in consumption in the Community market, the evolution and impact of imports from other third countries and the competitiveness of the Community salmon industry were analysed in order to establish whether they could have been a cause of the injury suffered by the Community industry.
(a) Community consumption
(116) Community consumption of Atlantic salmon increased continuously and in total by 58 % between 1992 and the last 12-month period under investigation. The injury suffered by the Community industry cannot, therefore, be attributed to any downward trend in demand.
(b) Imports from other third countries
(117) As regards imports from third countries not concerned by the present proceeding (mostly the Faeroes, Chile, Canada and Iceland), their overall market share was found to have decreased from 12 % to 7 % during the period considered. It was therefore concluded that the impact of these imports had been limited.
(c) Competitiveness of the Community industry
It should be noted that the Community producers of salmon have significantly improved their competitiveness between 1992 and the last 12-month period under investigation; the output per worker more than doubled, there was a reduction in the fish mortality rate by 23 % and an increase of 25 % in the average weight of the salmon grown. Moreover, the volume of exports of the Community industry at profitable prices increased from 3 266 tonnes in 1992 to 7 321 tonnes in the last 12-month period under investigation. On this basis, the Community industry has attained considerable efficiency in cost terms.
3. Conclusion
(118) In the light of the above, it was concluded that the dumped and subsidized Norwegian imports of salmon have, taken in isolation, caused material injury to the Community industry. Furthermore, although the rate of subsidy found was lower than the margin of dumping, the contribution of subsidization to the injury caused by the imports in question has been significant.
G. COMMUNITY INTEREST
1. General considerations
(119) On the basis of all evidence submitted, consideration was given as to whether, despite the conclusions on subsidization and consequent injury, compelling reasons existed which would lead to the conclusion that it was not in the Community interest to impose measures in the present case. For this purpose, the impact of possible measures for all parties involved in the proceedings and also the consequences for those same parties of not taking measures were assessed.
(120) In making such an appreciation, in conformity with the Basic Regulation, special consideration was given to the need to eliminate the trade-distorting effects of injurious subsidies and to restore effective competition.
2. Interest of the Community industry
(121) It should first be recalled that the Community industry of farmed Atlantic salmon has suffered from a long history of unfair trading practices attributable to Norwegian exports.
(122) Injurious dumping was established by the Commission as far back as 1991 (Commission Decision 91/142/EEC) (4), when it was decided that, despite positive findings on both dumping and injury, no measures should be imposed on the grounds that the Norwegian authorities had taken measures on a national level which, it was thought, would stabilize the market.
(123) Subsequently, minimum import prices (MIP) have been set by the Commission on several occasions over the past few years (November 1993, February 1994, March 1994) and lastly from 16 December 1995 to 13 June 1996 by Regulation (EC) No 2907/95 (5). MIPs were justified by the fact that the volume and prices of imports were causing or threatening to cause disturbances on the market resulting in serious economic, societal or environmental difficulties and demanding the adoption of immediate measures. As opposed to anti-dumping or countervailing measures, these measures did not require a finding that the exporting country concerned had engaged in unfair trading practices. These measures failed to produce the expected effects.
(124) Against this background, it is considered that if no effective measures are taken in order to correct the injurious effects of dumped and subsidized Norwegian imports, the situation of the Community industry will continue to deteriorate to the point where, ultimately, its very existence could be at risk.
(125) It should also be recalled that the Community industry of farmed Atlantic salmon is mostly made up of small and medium-sized enterprises, located in rural and mostly less-developed regions of the Community (Objective 1 regions), where economic activity is scarce. As has been mentioned above, the Community industry has constantly improved its productivity, which is consequently not in doubt. In the course of the restructuring which has taken place, a number of small farms have been acquired by producers which are part of large groups. If no measures are taken, apart from the likelihood of a further reduction in the number of competitors in the market, the investment in improving productivity and restructuring may well prove not to have had the desired effect.
3. Interest of other Community industries
(126) A number of downstream users such as smokers and wholesalers of farmed Atlantic salmon alleged that the imposition of measures on imports of Norwegian farmed Atlantic salmon would adversely affect their activities. These users argued that if measures had the effect of reducing quantities of farmed Atlantic salmon imported from Norway, no alternative sources of supply would be available. These same users alleged that if imports of farmed Atlantic salmon from Norway were made more expensive, they would have to pass on the additional cost to the final consumer who would then turn to other products. The argument was also made that a duty imposed on unprocessed farmed Atlantic salmon originating in Norway could lead to the expansion of the Norwegian industry processing farmed Atlantic salmon, at the expense of the Community processing industry.
(127) It should be pointed out, first of all, that the investigation has shown that the Community industry has the capacity to increase its production and it would certainly do so if it were allowed to achieve a reasonable return. Furthermore, in the event that the proposed measures would result in a reduction of the quantities of farmed Atlantic salmon being imported from Norway, alternative sources of supply are readily available, i.e. Chile, Canada, Iceland and the Faeroes.
(128) As to the pricing policy likely to be adopted by Community producers following the imposition of measures, it should be borne in mind that any increase in the prices of the Community producers is bound to be limited to what is strictly necessary for them to obtain a more reasonable return. If the Community producers were to increase their prices massively, it is indeed more than likely that other exporting countries would gain a more substantial share of the Community market. In addition, any such price increases on the part of the Community industry are bound to be limited by another factor, i.e. the availability to the consumer of farmed salmon trout, which is a product relatively similar and thus substitutable for salmon, available in the Community at a slightly lower price and which seems to have also been negatively affected by the increase of imports of subsidized farmed Atlantic salmon from Norway.
(129) As to the possibility of the Community processing industry being affected by competition of processed products from Norway, the anti-dumping and countervailing duties will be levied on the raw material, which represents only a proportion of the cost of the processed product. The limited impact of the proposed duty rates should therefore not be sufficient to justify a reduction in processing operations in the Community. Finally, most of the smokers in the Community also process and trade salmon produced in the Community as well as other products and are therefore not entirely dependent on salmon imported from Norway.
(130) It should be noted, furthermore, that in order to evaluate the likely impact that measures might have on processors in the Community, the Commission sent questionnaires to all companies which were members of three associations of traders and processors which had made themselves known and requested a hearing.
(131) In total, 93 questionnaires were sent but only one complete and verifiable reply has been received, making it thus impossible to evaluate, on a representative basis, the possible effect that the imposition of measures might have on the Community industry trading or processing farmed Atlantic salmon.
(132) Nevertheless, the information obtained so far has shown that, as far as smoked salmon is concerned the cost of the raw material, i.e. farmed Atlantic salmon represents around 45 % of the total cost of production of smoked salmon. Thus, if the cost of the raw material was increased by, for instance, 10 %, this would entail a total increase in the cost of production of smoked salmon of only 4,5 %.
(133) In addition, information obtained from various reliable sources seems to indicate that the situation of Community processors is quite diverse. There are, on the one hand, companies which produce ready meals and which are part of large groups. Since the cost of the raw material, fish is a limited proportion of the cost of the final product, these companies are unlikely to be significantly affected by the present measures. On the other hand, there are a number of companies who smoke or pickle salmon and which are more dependent on the price of the raw material. These companies would probably have to pass on part of the extra cost to the next trade level. As mentioned at recital 132, the increase in costs would be of a limited nature. In any event, information obtained so far seems to indicate that only in the case of price increases in excess of 20 % would there be a danger that consumers would turn to other products.
4. Interest of importers
(134) A number of importers have argued in general terms that any imposition of protective measures would negatively affect them.
(135) As has been shown above, it is expected that the proposed measures, while allowing the Community industry to recover from the injurious effects of subsidization, will neither affect the possibility for importers to purchase salmon from Norway or other sources, nor entail price increases in excess of what is necessary for the Community industry to be able to regain a reasonable profitability.
5. Interest of consumers
(136) Consumer representatives (BEUC) argued that protective measures would not be in the interest of the consumers in the Community, since they would entail a restriction of the products being on offer and/or price increases to the consumer.
(137) As has been shown above, the existence of alternative sources of supply, the availability of substitute products tend to demonstrate that the effect on the final consumer will be minimal, if any. In addition, it should be borne in mind that any duty will be levied on the cif import price. The impact, if any, on retail prices will therefore be considerably lessened. It should be further noted that the average yearly consumption of salmon in the Community is estimated at 0,8 kilograms per capita, which suggests that the overall impact on consumers will be very small.
6. Conclusion
(138) Once all the above aspects had been carefully examined, it was concluded that it is in the Community interest to impose countervailing measures on imports of farmed Atlantic salmon originating in Norway since there are no compelling reasons which would lead to the conclusion that it is not in the Community interest to impose such measures.
H. COUNTERVAILING MEASURES
1. Level of countervailing measures
(139) In accordance with the relevant provisions of the Basic Regulation, it was examined whether the measures should be less than the amount of subsidy found, if such lesser measures would be adequate to remove the injury to the Community industry.
(140) In this respect, it is considered that any measures imposed should allow the Community industry to achieve prices they would have obtained in the absence of subsidized imports. In the absence of any information to the contrary, it can be assumed that such prices would cover its cost of production and a reasonable profit. In order to achieve this, the prices of imports should be increased accordingly.
(141) For the purposes of calculation of the necessary price increase, the prices of subsidized imports should be compared to selling prices reflecting the cost of production of the Community industry plus a reasonable level of profit. In this respect, a profit margin of 15 % was considered to be the minimum profit level necessary to make this sector viable. In determining this profit level, account was taken of the fact that this is a high-risk industry given, inter alia, the length of the production process (18 to 24 months); the risk of disease, predators and bad weather conditions which occur frequently in this industry; the un-predictability of prices of a product traded as a commodity; the very short shelf-life of the product. It was also found that a sufficient profit margin was needed in order for Community producers to have access to financing, which is particularly crucial for this industry to be able to remain competitive in a rapidly growing market.
On this basis, the weighted average export prices for those product types used in the determination of price undercutting (see recital 91) were compared, for the last 12-month period under investigation, on a free-at-Community-frontier level, after adjusting where appropriate for freight, customs duties and post importation costs, with the weighted average selling prices charged by the selected Community producers concerned, increased, where appropriate, to cover production cost plus the abovementioned profit margin of 15 %.
Level of duties
(142) It was considered that duty could cover the difference between these prices. For the reasons set out in recital 15, a single rate of duty for all imports originating in Norway is appropriate.
(143) In order to determine the level of the duty, the price increases thus established have been expressed as a percentage of the weighted average, free-at-Community-frontier, value of the imported goods.
(144) This comparison showed an injury elimination level of 12,28 %. Since this margin is higher than the subsidy margin as established, the rate of the countervailing duty should be established on the basis of the latter.
2. Undertakings
(145) As mentioned in recital 7, having been informed of the Commission's provisional findings, the Norwegian Government and the Norwegian exporters mentioned in the Annex to this Regulation offered undertakings pursuant to Article 10 of the Basic Regulation.
(146) Having examined these undertakings, the Commission found them to be acceptable, since they would eliminate the injurious effects of subsidization pursuant to Article 10 (1) of the Basic Regulation.
(147) The Commission consulted the Advisory Committee on the acceptance of these undertakings and no objections were raised. The undertakings offered by Norway and by the exporters listed in the Annex to this Regulation were accepted by Commission Decision 97/634/EC (6) and the investigation should therefore be terminated without the imposition of definitive duties in respect of these exporters.
3. Definitive countervailing duties
(148) Notwithstanding the acceptance of the undertakings offered by a large number of Norwegian exporters, residual duties should be imposed on imports of the product concerned originating in Norway in order to cover all Norwegian exports of the product concerned to the Community and also to underpin the undertakings by discouraging their circumvention. Moreover, the level of the duty to be imposed in case of a breach or withdrawal of undertakings should be determined.
(a) Level of duty
(149) The definitive countervailing duty, to be imposed on imports of farmed Atlantic salmon exported by companies which have not offered any undertaking, or in case of breach or withdrawal of undertakings is 3,8 %.
(b) Implementation and management of the duties
(150) For the purpose of ensuring an effective implementation of the duties, taking account of the large number of exporters having given undertakings, the Commission should be entitled, after consulting the Advisory Committee, to amend, by Regulation, the Annex to this Regulation so as to be able, if necessary, to extend the exemption from the payment of the duties to any new exporters who may offer acceptable undertakings,
HAS ADOPTED THIS REGULATION:
Article 1
1. (a) A definitive countervailing duty is hereby imposed on imports of farmed (other than wild) Atlantic salmon falling within CN codes ex 0302 12 00 (Taric code: 0302 12 00*19), ex 0304 10 13 (Taric code: 0304 10 13*19), ex 0303 22 00 (Taric code: 0303 22 00*19) and ex 0304 20 13 (Taric code: 0304 20 13*19) originating in Norway.
(b) This duty shall not apply to wild Atlantic salmon (Taric codes: 0302 12 00*11, 0304 10 13*11, 0303 22 00*11, 0304 20 13*11). For the purpose of this Regulation, wild Atlantic salmon shall be that in respect of which the competent authorities of the Member State of landing are satisfied, by means of all customs and transport documents to be provided by interested parties, that it was caught at sea.
2. The rate of duty applicable to the net free-at-Community price, before duty, shall be 3,8 % (Taric additional code 8900), with the exception of imports of farmed Atlantic salmon exported by the companies listed in the Annex, which shall be exempted from the duty.
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Where any new exporter in the exporting country in question provides sufficient evidence to the Commission that it did not export the goods described in Article 1 (1) during the investigation period, the Commission, after consulting the Advisory Committee, may where appropriate amend, by Regulation, the Annex in order to extend the exemption from the payment of the duties to the new exporter.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 1997. | [
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COUNCIL REGULATION (EEC, EURATOM, ECSC) No 3761/92
of 21 December 1992
adjusting, with effect from 1 July 1992, the remuneration and pensions of officials and other servants of the European Communities and the weightings applied thereto
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof,
Having regard to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 571/92 (2), and in particular Articles 63, 64, 65, 65a and 82 of the Staff Regulations, Annex XI thereto, and the first paragraph of Article 20 and Article 64 of the conditions of Employment,
Having regard to the proposal from the Commission,
Whereas a review of the remuneration of officials and other servants carried out on the basis of a report by the Commission has shown that the remuneration and pensions of officials and other servants of the European Communities should be adjusted under the 1992 annual review,
HAS ADOPTED THIS REGULATION:
Article 1
With effect from 1 July 1992:
(a) the table of basic monthly salaries in Article 66 of the Staff Regulations shall be replaced by the following:
TABLE
(b) - 'Bfrs 5 937` shall be replaced by 'Bfrs 6 180` in Article 1 (1) of Annex VII to the Staff Regulations,
- 'Bfrs 7 646` shall be replaced by 'Bfrs 7 959` in Article 2 (1) of Annex VII to the Staff Regulations,
- 'Bfrs 13 659` shall be replaced by 'Bfrs 14 219` in the second sentence of Article 69 of the Staff Regulations and in the second subparagraph of Article 4 (1) of Annex VII thereto,
- 'Bfrs 6 833` shall be replaced by 'Bfrs 7 113` in the first paragraph of Article 3 of Annex VII to the Staff Regulations.
Article 2
With effect from 1 July 1992, in Article 63 of the Conditions of Employment of Other Servants, the table of basic monthly salaries shall be replaced by the following: TABLE
Article 3
With effect from 1 July 1992 the fixed allowance referred to in Article 4a of Annex VII to the Staff Regulations shall be:
- Bfrs 3 710 per month for officials in Grade C 4 or C 5,
- Bfrs 5 687 per month for officials in Grade C 1, C 2 or C 3.
Article 4
Pensions for which entitlement has accrued by 1 July 1992 shall be calculated from that date by reference to the table of basic monthly salaries referred to in Article 1 (a).
Article 5
With effect from 1 July 1992, the date '1 July 1991` in the second paragraph of Article 63 of the Staff Regulations shall be replaced by '1 July 1992`.
Article 6
1. With effect from 16 May 1992, the weighting applicable to the remuneration of officials and other servants employed in the countries or places listed below shall be as follows:
Greece 93,7
Italy (except Varese) 120,1
Varese 112,0
Netherlands 105,4
Portugal 95,2
United Kingdom (except Culham) 126,7
2. With effect from 1 July 1992, the weightings applicable to the remuneration of officials and other servants employed in one of the countries or places listed below shall be as follows:
Belgium 100,0
Denmark 121,1
Germany (except Berlin and Munich) 96,1 (*)
Germany (Berlin) 107,1
Germany (Munich) 106,0
Greece 81,0
Spain 107,7
France 114,5
Ireland 97,8
Italy (except Varese) 113,4
Varese 105,8
Luxembourg 100,0
Netherlands 101,1
Portugal 95,5
United Kingdom (except Culham) 102,9
(*) Without prejudice to the decisions to be taken by the Council following the Commission proposal of 10 September 1991 (SEC(91) 1612 final).
3. The weightings applicable to pensions shall be determined in accordance with Article 82 (1) of the Staff Regulations. Articles 3 to 10 of Regulation (ECSC, EEC, Euratom) No 2175/88 (1) shall remain in force.
Article 7
Withe effect from 1 July 1992, the table in Article 10 (1) of Annex VII to the Staff Regulations shall be replaced by the following: TABLE
Article 8
With effect from 1 July 1992, the allowances for shiftwork laid down in Article 1 of Regulation (ECSC, EEC, Euratom) No 300/76 (1), shall be Bfrs 10 752, Bfrs 16 228, Bfrs 17 743 and Bfrs 24 191.
Article 9
With effect from 1 July 1992, the amounts in Article 4 of Regulation (EEC, Euratom, ECSC) No 260/68 (2) shall be subject to a weighting of 3,847570.
Article 10
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1992. | [
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COUNCIL REGULATION (EC, Euratom, ECSC) No 2335/95 of 18 September 1995 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities, with regard to the special provisions applicable to research and technological development appropriations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 78h thereof,
Having regard to the Treaty establishing the European Community, and in particular Article 209 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 183 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 Court of Auditors (3),
Whereas the fourth framework programme of European Community activities in the field of research and technological development and demonstration (1994 to 1998) (4), adopted by the decision of the European Parliament and of the Council of 26 April 1994, introduced a new competitive approach for the Joint Research Centre (JRC), which means, amongst other things, that the JRC will gradually have to enter into competition with other bodies for the realization of certain projects financed by means of appropriations in the general budget, whether inside or outside the special subsection referred to in Article 92 (1) of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5), hereinafter referred to as 'the Financial Regulation`;
Whereas this new competitive approach entails changes to certain provisions of the Financial Regulation so as to afford the JRC greater effectiveness in the management of its appropriations and thus enable it to compete with other similar centres;
Whereas, in this connection, the Commission should be given greater autonomy in this area for transferring appropriations;
Whereas appropriations obtained on a competitive basis should be treated as revenue from services for third parties so as to ensure total transparency in the accounts pertaining to such operations;
Whereas the Financial Regulation must be amended accordingly;
Whereas conciliation has taken place as provided in the Joint Declaration of the European Parliament, the Council and the Commission of 4 March 1975 (6) and in Article 127 of the Financial Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The Financial Regulation is hereby amended as follows:
1. in Article 92:
(i) points (a), (b) and (e) in the second subparagraph of paragraph 1 shall be replaced by the following:
'(a) direct action carried out in the establishments of the Joint Research Centre (JRC), in principle entirely financed from the general budget of the European Communities, and consisting of:
- research programmes,
- exploratory research activities,
- scientific and technical support activities of an institutional nature;
(b) indirect action consisting of programmes carried out under contracts to be concluded with third parties. The JRC may participate in these activities on the same basis as third parties. These activities shall in principle be partially financed from the general budget of the European Communities (shared-cost action projects);`
'(e) as regards other activities of a competitive nature carried out by the JRC:
- scientific and technical support activities under the R& TD framework programmes in principle entirely financed from the general budget,
- services for third parties.`;
(ii) the following paragraphs shall be added:
'3. Notwithstanding paragraph 1, the JRC may receive funding covered by appropriations entered elsewhere than in the subsection referred to in that paragraph in respect of its participation on a competitive basis in activities implemented under Community policies financed, in principle, entirely from the general budget.
4. The provisions of Title IV on the conclusion of contracts shall apply to the cases referred to in the first indent of paragraph 1 (e) and in paragraph 3 of this Article.`;
2. Article 93 (2) shall be replaced by the following:
'2. However, for the Joint Research Centre, appropriations for staff and appropriations for resources shall be entered in two separate chapters.`;
3. the following subparagraphs shall be added to Article 94:
'In order to permit full comparison between forecasts and outturn, the table of equivalence of commitments and payments shall be presented with the same subdivisions and headings in the budget and in the revenue and expenditure account.
In the working document accompanying the preliminary draft budget, the Commission shall provide the necessary information concerning the foreseeable distribution and utilization of the commitment appropriations and the payment appropriations for the various budget headings for the duration of the action and also concerning development of the revenue originating from financing by third parties (public or private) and revenue from services for third parties.`;
4. Article 95 shall be replaced by the following:
'Article 95
Notwithstanding Article 26 and without prejudice to paragraph 7 thereof, the Commission may, within the subsection referred to in Article 92, transfer appropriations from one title to another and from one chapter to another in respect of the activities referred to in Article 92 (1) (a).
These transfers may not have the effect of increasing or decreasing by more than 15 % in commitment appropriations and in payment appropriations the initial allocation entered in the budget for each of the programmes referred to in Article 92 (1) (a), excluding exploratory research. They may not have the effect of increasing the appropriations earmarked for exploratory research by more than 6 % in commitment appropriations and in payment appropriations of the initial allocation for the total of the programmes referred to above.
This special provision does not concern staff appropriations for the JRC.
For the purposes of the application of Article 26, the budget headings relating to the activities referred to in Article 92 (1) (b) (excluding JRC participation), (c) and (d) shall be regarded as chapters.`;
5. the following paragraph shall be added to Article 96:
'4. The appropriations relating to the activities referred to in Article 92 (1) (b), as regards the participation of the JRC on a competitive basis, and (e) and (3) shall be treated as revenue from services to third parties provided for in paragraphs 1 and 2 of this Article.
The utilization of these appropriations shall be shown in a set of analytical accounts in the revenue and expenditure accounts for each category of action to which it relates; it shall be separate from revenue originating from financing by third parties (public or private) and from revenue from services provided for third parties in connection with the activities referred to in paragraphs 1 and 2 or activities of a different nature.`
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, 18 September 1995. | [
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Council Decision
of 21 January 2003
extending the application of Decision 2000/91/EC authorising the Kingdom of Denmark and the Kingdom of Sweden to apply a measure derogating from Article 17 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes
(2003/65/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment(1), and in particular Article 27(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) By letters registered with the Commission's Secretariat-General on 25 July 2002 and 28 October 2002 respectively, the Danish and Swedish authorities requested authorisation to extend the application of the derogation granted to them by Council Decision 2000/91/EC(2).
(2) The other Member States were informed of this application on 6 November 2002.
(3) These applications relate to the VAT arrangements in connection with the operation of the Öresund fixed link between Denmark and Sweden, and in particular to the recovery of VAT paid on tolls for the use of the link. Under the rules of territoriality, part of the VAT on tolls is payable to Denmark and part to Sweden.
(4) By way of derogation from the provisions of Article 17 of Directive 77/388/EEC, as amended by Article 28f of that Directive, requiring taxable persons to exercise their right to deduct or obtain a refund of VAT in the Member State where it was paid, the Swedish and Danish authorities were authorised to introduce a special measure enabling taxpayers to recover VAT from a single administration.
(5) This authorisation expires on 31 December 2002. Since the legal situation and the facts which justified application of the simplification measure in the first place have not changed a Decision should be taken which will apply from 1 January 2003 and which extends the said authorisation.
(6) On 17 June 1998 the Commission presented a proposal for a Council Directive amending the sixth Directive as regards the rules governing the right to deduct value added tax(3), adoption of which would render the special measures unnecessary in all cases where taxable persons established in the Community are involved, which is in fact the majority of cases.
(7) The extension of the authorisation should therefore be granted for a limited period and remain valid up to the entry into force of the said Directive, or up to 31 December 2006 at the latest if that Directive has not yet entered into force by then.
(8) The derogation does not aversely affect the Communities' own resources from VAT,
HAS ADOPTED THIS DECISION:
Article 1
In Article 2 of Decision 2000/91/EC, the date "31 December 2002" shall be replaced by "31 December 2006".
Article 2
This Decision shall apply from 1 January 2003.
Article 3
This Decision is addressed to the Kingdom of Denmark and the Kingdom of Sweden.
Done at Brussels, 21 January 2003. | [
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COMMISSION DECISION of 27 July 1994 approving the programme for the eradication of bovine tuberculosis presented by Ireland and fixing the level of the Community's financial contribution (Only the English text is authentic) (94/522/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Decision 90/424/EEC of 26 June on expentiture in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24, thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of bovine tuberculosis;
Whereas by letter dated 13 June 1994, Ireland has submitted a programme for the eradication of bovine tuberculosis;
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), as last amended by Directive 92/65/EEC (4);
Whereas in the light of the characteristics of implementation of tuberculosis eradication programmes in Ireland, it is appropriate to retain a flexible level of financial participation by the Community;
Whereas at the outset of the action, it is necessary to fix a level of Community funding which could be adjusted in the light of progress in the implementation of the programme, in particular reductions in the rate of animals from non-restricted herds showing lesions at slaughter and in the rate of disclosure of reactors, and also depending on the financial position of the Community budget;
Whereas this regime must constitute an incentive to assure the success of the programme;
Whereas the provisional level of funding at the outset of the programme should be fixed at 15 % guaranteed to the Irish authorities on completion of the programme;
Whereas in the light of the above, the definitive level of funding will be determined in January 1995;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of bovine tuberculosis presented by the Ireland is hereby approved for the period from 1 July 1994 to 31 December 1994.
Article 2
Ireland shall bring into force by 1 July 1994 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. The provisional financial participation by the Community shall be 15 % of the costs of testing incurred in Ireland up to a provisional maximum of ECU 2 500 000.
2. The Commission shall fix the definitive level of financial participation by the Community by 30 January 1995, on condition that the Irish authorities supply satisfactory evidence as to the success achieved before 15 January 1995. Where such evidence is not forthcoming, the level of Community financial participation could remain at 15 %. In any event, the maximum level of Community financial participation shall not be more than 50 % or ECU 8 700 000.
3. The financial contribution of the Community shall be granted to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the techincal execution of the programme accompanied by justifying evidence as to the costs incurred by 1 July 1995 at the latest.
4. The financial contribution of the Community shall be paid in ECUs at the rate applying on the first working day of the month when the request of payment is made as published in the Official Journal of the European Communities.
Article 4
This Decision is addressed to Ireland.
Done at Brussels, 27 July 1994. | [
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COMMISSION DECISION
of 31 July 2008
amending Annex II to Council Decision 79/542/EEC as regards the entries for Argentina, Brazil and Paraguay in the list of third countries and parts thereof from which imports into the Community of certain fresh meat are authorised
(notified under document number C(2008) 3992)
(Text with EEA relevance)
(2008/642/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point (1) of Article 8 and point (4) of Article 8 thereof,
Whereas:
(1)
Part 1 of Annex II to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (2) sets out a list of third countries and parts thereof from which Member States are authorised to import fresh meat of certain animals.
(2)
Argentina is listed in Part 1 of Annex II to Decision 79/542/EEC, and has been divided into different territories mainly according to their animal health status. The Argentinean territory of Patagonia south of the 42nd parallel is recognised as having a free of foot-and-mouth disease without vaccination status. Imports into the Community of bone-in fresh meat from certain animals are authorised from that territory. The other territories of Argentina are recognised as having a free of foot-and-mouth disease with vaccination status and only imports of de-boned and matured fresh meat from those territories into the Community are authorised.
(3)
In 2007, a territory in Argentina north of the 42nd parallel corresponding to parts of the provinces of Neuquén and Rio Negro was recognised as having a free of foot-and-mouth disease without vaccination status by the World Organisation for Animal Health (OIE).
(4)
Following that recognition, Argentina requested that imports into the Community of bone-in fresh meat from that territory be authorised. In February 2008, a Community inspection was carried out in Argentina to verify the situation on the ground. As the outcome of that mission was favourable, it is appropriate to authorise imports into the Community of bone-in fresh meat from certain animals from that territory.
(5)
Several Community inspections have been recently carried out in Brazil, including in the states of Paraná and São Paulo. As a result of those inspections, Decision 79/542/EEC, as amended by Decision 2008/61/EC, lays down import measures strengthening the control and surveillance of holdings from which animals eligible for export to the Community are sourced, in order to authorise imports of fresh de-boned and matured bovine meat only from animals from specifically approved farms located in states which are recognised as having a free of foot-and-mouth disease status with or without vaccination.
(6)
In May 2008, the status of free of foot-and-mouth disease with vaccination was reinstated by the OIE for certain Brazilian States, including Paraná and São Paulo.
(7)
Considering the free of foot-and-mouth disease status of those states, and considering the results of the inspections carried out in Brazil, these states should be re-included in the list of territories from which imports into the Community of fresh de-boned and matured bovine meat are authorised under the uniform conditions applicable to the other Brazilian States free of foot-and-mouth disease with vaccination and currently authorised for such imports into the Community.
(8)
In 2007, Paraguay was recognised by the OIE as having a free of foot-and-mouth disease with vaccination status with the exception of a high surveillance area along its external borders. In April 2008, a Community inspection took place in Paraguay in order to verify the situation on the ground.
(9)
The favourable outcome of that inspection suggests that it is appropriate to authorise imports into the Community of de-boned and matured fresh bovine meat from the territory of Paraguay which is recognised by the OIE as having a free of foot-and-mouth disease with vaccination status.
(10)
Decision 79/542/EEC should therefore be amended accordingly.
(11)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Part 1 of Annex II to Decision 79/542/EEC is replaced by the text in the Annex to this Decision.
Article 2
This Decision shall apply from 1 August 2008.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 31 July 2008. | [
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COMMISSION REGULATION (EC) No 3248/93 of 25 November 1993 laying down rates of compensatory interest applicable during the first half of 1994 to customs debts incurred in relation to compensating products or goods in the unaltered state (inward processing relief arrangements and temporary importation)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), and in particular Articles 589 (4) (a) and 709 thereof,
Whereas Article 589 (4) (a) of Regulation (EEC) No 2454/93 provides that the Commission shall set rates of compensatory interest applicable to customs debts incurred in relation to compensating products or goods in the unaltered state, in order to make up for the unjustified financial advantage arising from the postponement of the date on which the customs debt is incurred in the case of non-exportation out of the customs territory of the Community; whereas the rates of compensatory interest for the first half of 1994 must be established in accordance with the rules laid down in that Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The annual rates of compensatory interest referred to in Article 589 (4) (a) of Regulation (EEC) No 2454/93 applicable for the period 1 January until 30 June 1994 are hereby established as follows:
Belgium 7,95 %
Denmark 12,18 %
Federal Republic of Germany 7,94 %
Greece 23,88 %
Spain 13,47 %
France 9,92 %
Ireland 12,01 %
Italy 11,32 %
Luxembourg 7,95 %
Netherlands 7,52 %
Portugal 14,90 %
United Kingdom 6,15 %.
Article 2
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 1993. | [
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COMMISSION REGULATION (EC) No 1017/2008
of 17 October 2008
on the issuing of import licences for applications lodged during the first seven days of October 2008 under tariff quotas opened by Regulation (EC) No 616/2007 for poultry meat
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,
Having regard to Commission Regulation (EC) No 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas for poultry meat originating in Brazil, Thailand and other third countries (3), and in particular Article 5(5) thereof,
Whereas:
(1)
Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultry meat sector.
(2)
The applications for import licences lodged during the first seven days of October 2008 for the subperiod 1 January to 31 March 2009 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for.
(3)
The applications for import licences lodged during the first seven days of October 2008 for the subperiod 1 January to 31 March 2009 do not, for some quotas, cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod 1 January to 31 March 2009 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
2. The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 616/2007, to be added to the subperiod 1 April to 30 June 2009, are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 18 October 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 October 2008. | [
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COMMISSION REGULATION (EC) No 1196/2007
of 11 October 2007
establishing a prohibition of fishing for megrims in EC waters of IIa and IV by vessels flying the flag of Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2007.
(3)
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2007 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following 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, 11 October 2007. | [
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*****
COUNCIL REGULATION (EEC) No 1344/88
of 16 May 1988
amending Regulation (EEC) No 3444/87 on the transfer of 150 000 tonnes of barley held by the Spanish intervention agency
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 2727/75 of the Council of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1097/88 (2), and in particular Article 7 (4) thereof,
Having regard to Regulation (EEC) No 729/70 of the Council of 21 April 1970 on the financing of the common agricultural policy (3), as last amended by Regulation (EEC) No 3183/87 (4), and in particular Article 3 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 3444/87 (5) provided in particular that the 150 000 tonnes of barley covered by the transfer referred to in the said Regulation had to be transported to Greece before 15 April 1988; whereas, for practical reasons, a residual quantity of 30 000 tonnes cannot be transported within the time limit laid down; whereas the time limit in question should be extended by the period necessary to transport this quantity to Greece,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 (2) of Regulation (EEC) No 3444/87, the words 'before 15 April 1988' are hereby replaced by 'before 1 June 1988.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 1988. | [
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Commission Regulation (EC) No 286/2003
of 14 February 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 10 to 13 February 2003 at 285,00 EUR/t.
Article 2
This Regulation shall enter into force on 15 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 February 2003. | [
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COMMISSION REGULATION (EC) No 1154/2004
of 23 June 2004
setting export refunds in the processed fruit and vegetable sector other than those granted on added sugar (provisionally preserved cherries, peeled tomatoes, sugar-preserved cherries, prepared hazelnuts, certain orange juices)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular the third subparagraph of Article 16(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1429/95 (2) set implementing rules for export refunds on products processed from fruit and vegetables other than those granted for added sugar.
(2)
Article 16(1) of Regulation (EC) No 2201/96 states that to the extent necessary to permit exportation of economically significant quantities export refunds can be granted on the products listed at Article 1(2)(a) of that Regulation within the limits ensuing from agreements concluded in line with Article 300 of the Treaty. Article 18(4) of that Regulation provides that if the refund on the sugar incorporated in the products listed in Article 1(2)(b) is insufficient to allow exportation of these products the refund set in line with Article 17 thereof shall apply to them.
(3)
Article 16(2) of Regulation (EC) No 2201/96 requires that it be ensured that trade flows that have already arisen as a result of granting of export refunds are not disturbed. For that reason the quantities should be set product by product using the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87 (3).
(4)
Article 17(2) of Regulation (EC) No 2201/96 requires that when refunds are set account is taken of the existing situation and outlook for prices and availability on the Community market of products processed from fruit and vegetables and for international trade prices, of marketing and transport costs and of the economic aspects of the exportation envisaged.
(5)
Article 17(3) of Regulation (EC) No 2201/96 requires that when prices on the Community market are determined account is taken of the prices that are most favourable from the point of view of exportation.
(6)
The international trade situation or specific requirements of certain markets may make it necessary to differentiate the refund on a given product by destination.
(7)
Economically significant exports can at present be made of provisionally preserved cherries, peeled tomatoes, sugar-preserved cherries, prepared hazelnuts and certain orange juices.
(8)
Export refund rates and quantities should therefore be set for these products.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Processed Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. Export refund rates in the processed fruit and vegetable sector, periods for lodging and for issuing licence applications and the quantities permitted are stipulated in the Annex hereto.
2. Licences for food aid purposes issued as indicated in Article 16 of Commission Regulation (EC) No 1291/2000 (4) shall not be counted against the quantities indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 June 2004. | [
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Commission Regulation (EC) No 2270/2002
of 19 December 2002
prohibiting fishing for mackerel by vessels flying the flag of Denmark
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3), as last amended by Regulation (EC) No 2256/2002(4), lays down quotas for mackerel for 2002.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of mackerel in the waters of ICES division Vb (Faeroese waters) by vessels flying the flag of Denmark or registered in Denmark have exhausted the quota allocated for 2002. Denmark has prohibited fishing for this stock from 23 November 2002. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of mackerel in the waters of ICES division Vb (Faeroese waters) by vessels flying the flag of Denmark or registered in Denmark are hereby deemed to have exhausted the quota allocated to Denmark for 2002.
Fishing for mackerel in the waters of ICES division Vb (Faeroese waters) by vessels flying the flag of Denmark or registered in Denmark is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 23 November 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2002. | [
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Commission Regulation (EC) No 1875/2003
of 24 October 2003
opening an invitation to tender for the refund on export of wholly milled round-grain rice to certain third countries
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) Examination of the balance sheet shows that exportable amounts of rice are currently held by producers. This situation could affect the normal development of producer prices during the marketing year 2003/04.
(2) In order to remedy this situation, it is appropriate to grant export refunds in respect of zones which may be supplied by the Community. The particular circumstances of the rice market makes it necessary to limit the refunds, and therefore to apply Article 13 of Regulation (EC) No 3072/95 enabling the amount of the export refund to be fixed by tendering procedure.
(3) It should be stated that the provisions of Commission Regulation (EEC) No 584/75 of 6 March 1975 laying down detailed rules for the application of the system of tendering for export refunds on rice(3), as last amended by Regulation (EC) No 1948/2002(4), apply to this invitation to tender.
(4) With a view to sound market management, the tender should be limited to certain zones listed in the Annex to Commission Regulation (EEC) No 2145/92(5), as amended by Regulation (EC) No 3304/94(6), while some destinations should be excluded.
(5) Under Article 14 of Commission Regulation (EC) No 2808/98 of 22 December 1998 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture(7), as last amended by Regulation (EC) No 816/2003(8), the amounts quoted in tenders submitted in response to invitations to tender organised under an instrument forming part of the common agricultural policy must be expressed in euro. Article 5(1) of that Regulation provides that in such cases the operative event for the agricultural exchange rate is the final day for the submission of tenders. Paragraphs 3 and 4 of that Article specify the operative events applicable to advances and securities.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. An invitation to tender is hereby opened for the refund on export of wholly milled round-grain rice falling within CN codes 1006 30 61 and 1006 30 92, referred to in Article 13 of Regulation (EC) No 3072/95, for zones I to VI (except for Hungary, Romania and Turkey) and for zone VIII (except for the Cooperative Republic of Guyana, Madagascar, the Republic of Suriname, the Netherlands Antilles, Aruba and the Turks and Caicos Islands), as specified in the Annex to Regulation (EEC) No 2145/92.
2. The invitation to tender shall be open until 17 June 2004. During that period regular invitations to tender shall be issued and the date for submission of tenders shall be set down in the notice of invitation to tender.
3. The invitation to tender shall take place in accordance with Regulation (EEC) No 584/75 and with the following provisions.
Article 2
A tender shall be admissible only if it covers a quantity for export of at least 50 tonnes but not more than 3000 tonnes.
Article 3
The security referred to in Article 3 of Regulation (EEC) No 584/75 shall be EUR 30 per tonne.
Article 4
1. Notwithstanding Article 23(1) of Commission Regulation (EC) No 1291/2000(9), export licences issued under this invitation to tender shall, for the purposes of determining their period of validity, be considered as having been issued on the day the tender was submitted.
2. The licences shall be valid from their date of issue, within the meaning of paragraph 1, until the end of the fourth month following.
Article 5
Tenders submitted must reach the Commission through the Member States not later than one-and-a-half hours after expiry of the time limit for the submission of tenders as laid down in the notice of invitation to tender. They must be transmitted in accordance with the table given in the Annex.
If no tenders are submitted, the Member States shall inform the Commission accordingly within the same time limit as that given in the above subparagraph.
Article 6
The time set for submitting tenders shall be Belgian time.
Article 7
1. On the basis of the tenders submitted, the Commission shall decide in accordance with the procedure referred to in Article 22 of Regulation (EC) No 3072/95:
- either to fix a maximum export refund, taking account of the criteria laid down in Article 13 of Regulation (EC) No 3072/95,
- or not to take any action on the tenders.
2. Where a maximum export refund is fixed, an award shall be made to the tenderer or tenderers whose tenders are at or below the maximum export refund level.
Article 8
The time limit for submission of tenders for the first regular invitation to tender shall expire on 6 November 2003 at 10 a.m.
The final date for submission of tenders is hereby fixed at 17 June 2004.
Article 9
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 October 2003. | [
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Commission Regulation (EC) No 1279/2003
of 17 July 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 1104/2003(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 18 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 July 2003. | [
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*****
COMMISSION DIRECTIVE
of 22 February 1989
adapting to technical progress Council Directive 88/379/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations
(89/178/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (1), and in particular Article 15 thereof,
Whereas point 2.1 of Annex II to Directive 88/379/EEC contains special provisions on the labelling of paints and varnishes containing lead; whereas these provisions are based on lead content expressed as a percentage of the total weight of the preparation in question and the lead content must be revised, pursuant to Commission Directive 86/508/EEC (2), by 31 December 1988 at the latest;
Whereas preparations, on sale to the general public containing active chlorine or constituents capable of giving off active chlorine can, under particular circumstances, represent a risk for uninformed users; whereas users should be warned of this risk;
Whereas preparations containing cadmium (alloys) used for soldering and brazing are dangerous only during use; whereas in those circumstances users should be provided through labelling with information to enable them to use such products correctly and without danger;
Whereas the special labelling provisions applicable to certain preparations set out in Annex II to Directive 88/379/EEC should therefore be revised and supplemented;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in Dangerous Substances and Preparations,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 88/379/EEC is hereby amended as follows:
1. '0,25 %' in point 2.1 of Annex II is replaced by '0,15 %';
2. the following points are added to Annex II:
'7. PREPARATIONS SOLD TO THE GENERAL PUBLIC WHICH CONTAIN ACTIVE CHLORINE
The packaging of preparations containing more than 1 % of active chlorine must bear the following particular inscriptions:
"Warning! Do not use together with other products. May release dangerous gases (chlorine)".
8. PREPARATIONS CONTAINING CADMIUM (ALLOYS) AND INTENDED TO BE USED FOR BRAZING OR SOLDERING
The packaging of the abovementioned preparations must bear the following inscription printed in clearly legible and indelible characters:
"Warning! Contains cadmium.
Dangerous fumes are formed during use
See information supplied by the manufacturer
Comply with the safety instructions".' | [
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COMMISSION REGULATION (EC) No 2785/95 of 1 December 1995 fixing depreciation percentages to be applied when agricultural products are bought in for the 1996 financial year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down the general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (1), as last amended by Regulation (EEC) No 1571/93 (2), and in particular Article 8 thereof,
Whereas, pursuant to Article 8 of Regulation (EEC) No 1883/78, systematic depreciation of public intervention agricultural products must take place when they are bought in; whereas accordingly the Commission determines the depreciation percentage for each product concerned before the beginning of each year; whereas such percentage shall not exceed the difference between the buying-in price and the foreseeable disposal price for each of these products;
Whereas, pursuant to Article 8 (3) of Regulation (EEC) No 1883/78, the Commission may, at its discretion, restrict depreciation at the time of buying in to a proportion of this depreciation percentage, but such proportion may not be less than 70 %; whereas, coefficients to be applied also for the 1996 financial year by the intervention agencies to the monthly buying-in values of products should be fixed, to enable the agencies to establish the depreciation amounts;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the EAGGF Committee,
HAS ADOPTED THIS REGULATION:
Article 1
In respect of the products listed in the Annex, which, having been bought in by public intervention, have entered store or been taken over by the intervention agencies between 1 October 1995 and 30 September 1996, the authorities shall depreciate their value to account for the difference between the buying-in prices and the foreseeable selling prices of the relevant products.
Article 2
To establish the amount of the depreciation, the intervention agencies shall apply to the values of the products bought every month in the coefficients set out in the Annex.
The expenditure amounts determined in this way shall be notified to the Commission under the declarations established pursuant to Commission Regulation (EEC) No 2776/88 (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 October 1995 onwards.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 December 1995. | [
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Commission Regulation (EC) No 2199/2001
of 12 November 2001
amending, for the fourth time, Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan and repealing Regulation (EC) No 337/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 467/2001 of 6 March 2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan and repealing Regulation (EC) No 337/2000(1), as last amended by Commission Regulation (EC) No 2062/2001(2), and in particular Article 10(1) second indent thereof,
Whereas:
(1) Article 10 of Regulation (EC) No 467/2001 empowers the Commission to amend Annex I on the basis of determinations by either the United Nations Security Council or the Taliban Sanctions Committee.
(2) Annex I to Regulation (EC) No 467/2001 lays down the list of persons and entities covered by the freeze of funds under that Regulation.
(3) On 9 November 2001 the Taliban Sanctions Committee determined to amend the list of persons and entities to whom the freeze of funds shall apply and therefore Annex I should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The following persons and entities shall be added to Annex I of Regulation (EC) No 467/2001:
Entities (46)
1. Aaran Money Wire Service, Inc., 1806, Riverside Avenue, Second Floor, Minneapolis, Minnesota, USA.
2. Al Baraka Exchange L.L.C., PO Box 3313, Deira, Dubai, UAE; PO Box 20066, Dubai, UAE.
3. Al-Barakaat, Mogadishu, Somalia; Dubai, UAE.
4. Al-Barakaat Bank, Mogadishu, Somalia.
5. Al-Barakat Bank of Somalia (BSS) (a.k.a. Barakat Bank of Somalia), Mogadishu, Somalia; Bossasso, Somalia.
6. Al-Barakat Finance Group, Dubai, UAE; Mogadishu, Somalia.
7. Al-Barakat Financial Holding Co., Dubai, UAE; Mogadishu, Somalia.
8. Al-Barakat Global Telecommunications (a.k.a. Barakaat Globetelcompany), PO Box 3313, Dubai, UAE; Mogadishu, Somalia; Hargeysa, Somalia.
9. Al-Barakat Group of Companies Somalia Limited (a.k.a. Al-Barakat Financial Company), PO Box 3313, Dubai, UAE; Mogadishu, Somalia.
10. Al-Barakat International (a.k.a. Baraco Co.), PO Box 2923, Dubai, UAE.
11. Al-Barakat Investments, PO Box 3313, Deira, Dubai, UAE.
12. Al-Barakaat Wiring Service, 2940, Pillsbury Avenue, Suite 4, Minneapolis, Minnesota 55408, USA.
13. Al Taqwa Trade, Property and Industry Company Limited (f.k.a. Al Taqwa Trade, Property and Industry) (f.k.a. Al Taqwa Trade, Property and Industry Establishment) (f.k.a. Himmat Establishment), c/o Asat Trust Reg., Altenbach 8, FL-9490 Vaduz, Liechtenstein.
14. Asat Trust Reg., Altenbach 8, FL-9490 Vaduz, Liechtenstein.
15. Bank Al Taqwa Limited (a.k.a. Al Taqwa Bank) (a.k.a. Bank Al Taqwa), PO Box N-4877, Nassau, Bahamas; c/o Arthur D. Hanna & Company, 10, Deveaux Street, Nassau, Bahamas.
16. Barrakaat Construction Company, PO Box 3313, Dubai, UAE.
17. Barakaat Group of Companies, PO Box 3313, Dubai, UAE; Mogadishu, Somalia.
18. Barakaat International, Hallbybacken 15, 70 Spanga, Sweden.
19. Barakaat International Foundation, Box 4036, Spanga, Stockholm, Sweden; Rinkebytorget 1, 04, Spanga, Sweden.
20. Barrakaat North America, Inc., 925, Washington Street, Dorchester, Massachussets, USA; 2019, Bank Street, Ottawa, Ontario, Canada.
21. Barakaat Red Sea Telecommunications, Bossaso, Somalia; Nakhiil, Somalia; Huruuse, Somalia; Raxmo, Somalia; Ticis, Somalia; Kowthar, Somalia; Noobir, Somalia; Bubaarag, Somalia; Gufure, Somalia; Xuuxuule, Somalia; Ala Aamin, Somalia; Guureeye, Somalia; Najax, Somalia; Carafaat, Somalia.
22. Barakaat Telecommunications Co. Somalia, Ltd, PO Box 3313, Dubai, UAE.
23. Barakat Banks and Remittances, Mogadishu, Somalia; Dubai, UAE.
24. Barakaat Boston, 266, Neponset Avenue, Apt. 43, Dorchester, Massachussets 02122-3224, USA.
25. Barakat Computer Consulting (BCC), Mogadishu, Somalia.
26. Barakat Consulting Group (BCG), Mogadishu, Somalia.
27. Barakat Global Telephone Company, Mogadishu, Somalia; Dubai, UAE.
28. Barakat Enterprise, 1762, Huy Road, Columbus, Ohio, USA.
29. Barakat International Companies (BICO), Mogadishu, Somalia; Dubai, UAE.
30. Barakaat International, Inc., 1929, South 5th Street, Suite 205, Minneapolis, Minnesota, USA.
31. Barakat Post Express (BPE), Mogadishu, Somalia.
32. Barakat Refreshment Company, Mogadishu, Somalia; Dubai, UAE.
33. Barakat Telecommunications Company Limited (a.k.a. BTELCO), Bakara Market, Dar Salaam Buildings, Mogadishu, Somalia; Kievitlaan 16, 't Veld, Noord-Holland, Netherlands.
34. Barakaat Wire Transfer Company, 4419, South Brandon Street, Seattle, Washington, USA.
35. Barako Trading Company, L.L.C., PO Box 3313, Dubai, UAE.
36. Baraka Trading Company, PO Box 3313, Dubai, UAE.
37. Global Service International, 1929, 5th Street, Suite 204, Minneapolis, Minnesota, USA.
38. Heyatul Ulya, Mogadishu, Somalia.
39. Nada Management Organisation S.A. (f.k.a. Al Taqwa Management Organisation S.A.), Viale Stefano Franscini 22, CH-6900 Lugano (TI), Switzerland.
40. Parka Trading Company, PO Box 3313, Deira, Dubai, UAE.
41. Red Sea Barakat Company Limited, Mogadishu, Somalia; Dubai, UAE.
42. Somali Internet Company, Mogadishu, Somalia.
43. Somali International Relief Organization, 1806, Riverside Avenue, 2nd Floor, Minneapolis, Minnesota, USA.
44. Somali Network AB, Hallybybacken 15, 70 Spanga, Sweden.
45. Youssef M. Nada, Via Riasc 4, CH-6911 Campione d'Italia I, Switzerland.
46. Youssef M. Nada & Co. Gesellschaft m.b.H., Kaertner Ring 2/2/5/22, A-1010 Vienna, Austria.
Individuals (16)
1. Abdullkadir, Hussein Mahamud, Florence, Italy.
2. Aden, Adirisak, Skaftingebacken 8, 16367 Spanga, Sweden, date of birth 1 June 1968.
3. Ali, Abbas Abdi, Mogadishu, Somalia.
4. Ali, Abdi Abdulaziz, Drabantvagen 21, 17750 Spanga, Sweden, date of birth 1 January 1955.
5. Ali, Yusaf Ahmed, Hallbybybacken 15, 70 Spanga, Sweden, date of birth 20 November 1974.
6. Aweys, Dahir Ubeidullahi, Via Ciprianon Facchinetti 84, Rome, Italy.
7. Aweys, Hassan Dahir (a.k.a. Ali, Sheikh Hassan Dahir Aweys) (a.k.a. Awes, Shaykh Hassan Dahir), date of birth 1935, citizen of Somalia.
8. Himmat, Ali Ghaleb, Via Posero 2, CH-6911 Campione d'Italia, Switzerland; date of birth 16 June 1938; place of birth: Damascus, Syria; citizen of Switzerland and Tunisia.
9. Huber, Albert Friedrich Armand (a.k.a. Huber, Ahmed), Mettmenstetten, Switzerland, date of birth 1927.
10. Hussein, Liban, 925, Washington Street, Dorchester, Massachussets, USA; 2019, Bank Street, Ontario, Ottawa, Canada.
11. Jama, Garad (a.k.a. Nor, Garad K.) (a.k.a. Wasrsame, Fartune Ahmed, 2100, Bloomington Avenue, Minneapolis, Minnesota, USA; 1806, Riverside Avenue, 2nd Floor, Minneapolis, Minnesota; date of birth 26 June 1974.
12. Jim'ale, Ahmed Nur Ali (a.k.a. Jimale, Ahmed Ali) (a.k.a. Jim'ale, Ahmad Nur Ali) (a.k.a. Jumale, Ahmed Nur) (a.k.a. Jumali, Ahmed Ali), PO Box 3312, Dubai, UAE; Mogadishu, Somalia.
13. Kahie, Abdullahi Hussein, Bakara Market, Dar Salaam Buildings, Mogadishu, Somalia.
14. Mansour, Mohamed (a.k.a. Al-Mansour, dr. Mohamed), Ob. Heslibachstrasse 20, Kusnacht, Switzerland; Zurich, Switzerland; date of birth 1928, place of birth Egypt or UAE.
15. Mansour-Fattouh, Zeinab, Zurich, Switzerland.
16. Nada, Youssef (a.k.a. Nada, Youssef M.) (a.k.a. Nada, Youssef Mustafa), Via Arogno 32, 6911 Campione d'Italia, Italy; Via per Arogno 32, CH-6911 Campione d'Italia, Switzerland; Via Riasc 4, CH-6911 Campione d'Italia I, Switzerland; date of birth 17 May 1931 or 17 May 1937; place of birth: Alexandria, Egypt; citizen of Tunisia.
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, 12 November 2001. | [
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COMMISSION REGULATION (EEC) No 1225/92 of 12 May 1992 re-establishing the levying of customs duties on products of category No 36 order of 40.0360, originating in China, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3832/90 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3832/90 of 20 December 1990 applying generalized tariff preferences for 1991 in respect of textile product originating in developing countries (1), extended into 1992 by Council Regulation (EEC) No 3387/91 (2) and in particular Article 12 thereof,
Whereas Article 10 of Regulation (EEC) No 3832/90, provides that preferential tariff treatment shall be accorded for each category of products in Annexes I and II thereto individual ceilings, within the limits of the quantities specified in column 8 of Annex I and column 7 of Annex II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes;
Whereas Article 11 of the abovementioned Regulaiton providesd that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of products of category No 36 (order No 40.0360), originating in China, the relevant ceiling amounts to 12 tonnes;
Whereas on 17 January 1992 imports of the products in question into the Community, originating in China, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to China,
HAS ADOPTED THIS REGULATION:
Article 1
As from 17 May 1992 the levying of customs duties, suspended pursuant to Regulation (EEC) No 3832/90, shall be re-established in respect of the following products, imported into the Community and originating in China:
Order No Category
(unit) CN code Description 40.0360 36 (tonnes) 5408 10 00
5408 21 00
5408 22 10
5408 22 90
5408 23 10
5408 23 90
5408 24 00
5408 31 00
5408 32 00
5408 33 00
5408 34 00
ex 5811 00 00
ex 5905 00 70 Woven fabrics of continuous artificial fibres, other than those for tyres of category 114
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 May 1992. | [
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*****
COMMISSION DECISION
of 21 December 1984
authorizing the French Republic to apply intra-Community surveillance to imports of certain textile products originating in third countries which have been put into free circulation in the Community
(Only the French text is authentic)
(85/101/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 115 thereof,
Having regard to Commission Decision 80/47/EEC of 20 December 1979 on surveillance and protective measures which Member States may be authorized to take in respect of imports of certain products originating in third countries and put into free circulation in another Member State (1), and in particular Articles 1 and 2 thereof,
Whereas Decision 80/47/EEC requires Member States to have prior authorization from the Commission before introducing intra-Community surveillance of the imports concerned;
Whereas, by Decision 83/326/EEC (2), the Commission authorized certain Member States to introduce intra-Community surveillance of certain imports until 30 June 1985;
Whereas further requests were made under Article 2 of Decision 80/47/EEC by the French Government to the Commission of the European Communities for authorization to apply intra-Community surveillance to imports of certain products originating in certain third countries and in free circulation in the other Member States;
Whereas the information given by the French authorities in support of this application has been subjected to close examination by the Commission, in accordance with the criteria laid down by Decisions 80/47/EEC and 83/326/EEC;
Whereas the Commission examined in particular whether the imports could be made subject to intra-Community surveillance measures under Article 2 of Decision 80/47/EEC, whether information was given as regards the economic difficulties alleged, whether during the reference years set out in Decision 80/47/EEC there had been deflections of trade and whether intra-Community licence applications had been submitted;
Whereas this examination has shown that there is a risk that the imports set out in the Annex hereto are worsening or prolonging the existing economic difficulties; whereas, therefore, France should be authorized to make these imports subject to intra-Community surveillance; whereas such authorization should extend only until 30 June 1985, the date of expiry of Commission Decision 83/326/EEC, to permit a full review of products subject to intra-Community surveillance in the various Member States,
HAS ADOPTED THIS DECISION:
Article 1
The French Republic is authorized to introduce, until 30 June 1985 and in accordance with Decision 80/47/EEC, intra-Community surveillance of the products set out in the Annex hereto.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 21 December 1984. | [
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SIXTH COMMISSION DIRECTIVE 95/32/EC
of 7 July 1995
relating to methods of analysis necessary for checking the composition of cosmetic products
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Commission Directive 94/32/EC (2), and in particular Article 8 (1) thereof,
Whereas Directive 76/768/EEC provides for the official testing of cosmetic products with the aim of ensuring that the conditions laid down by Commission provisions concerning the composition of cosmetic products are satisfied;
Whereas all the necessary methods of analysis should be laid down as quickly as possible; whereas certain methods have already been adopted in Commission Directives 80/1335/EEC (3), as amended by Directive 87/143/EEC (4), 82/434/EEC (5), as amended by Directive 90/207/EEC (6), 83/514/EEC (7), 85/490/EEC (8) and 93/73/EEC (9);
Whereas the identification and determination of benzoic acid, 4-hydroxybenzoic acid, sorbic acid, salicylic acid and propionic acid in cosmetic products and the identification and determination of hydroquinone, hydroquinone monomethylether, hydroquinone monoethylether and hydroquinone monobenzylether in cosmetic products constitute a sixth step;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the adaptation of Directive 76/768/EEC to technical progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall take all the necessary steps to ensure that during official testing of cosmetic products:
- identification and determination of benzoic acid, 4-hydroxybenzoic acid, sorbic acid, salicylic acid and propionic acid,
- identification and determination of hydroquinone, hydroquinone monomethylether, hydroquinone monoethylether and hydroquinone monobenzylether,
shall be carried out in accordance with the methods described in the Annex.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 September 1996. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 7 July 1995. | [
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*****
COMMISSION REGULATION (EEC) No 3868/87
of 22 December 1987
laying down measures for 1988 to improve the quality of olive-oil production
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1915/87 (2), and in particular Article 5 (5) thereof,
Whereas pursuant to Article 5 (4) of Regulation No 136/66/EEC a percentage of the production aid earmarked for olive-growers may be allocated to the financing of regional measures to improve the quality of oil production; whereas pursuant to Article 3 of Council Regulation (EEC) No 1502/85 of 23 May 1985 fixing the production target price, the production aid and the intervention price for olive oil for the 1985/86 marketing year (3), 2 % of the production aid earmarked for olive-oil producers in Italy, Greece and France has been allocated to the financing of measures to be taken in those countries to improve the quality of olive oil;
Whereas the rules for the implementation of the said measures should be defined; whereas the tasks to be entrusted to producers' organizations should also be set out;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation defines the measures to be taken for 1988 to improve the quality of olive-oil production, and in particular measures to combat the olive fly (Dacus oleae) in production areas situated in France, Greece and Italy.
Article 2
Expenditure relating to the measures defined in this Regulation shall be financed in particular from the resources derived from the production aid withheld pursuant to Article 3 of Regulation (EEC) No 1502/85. The distribution of the funds for financing the measures shall take account of the financial contribution of the producers in each Member State concerned.
Article 3
Each of the Member States concerned shall draw up an action programme including:
(a) a list of the olive-oil production areas in which action to combat the olive fly is to be considered a matter of priority, given in particular the effect on oil quality that can be expected to result from that action and the production quantity covered;
(b) a plan for the setting-up of a surveillance, warning and assessment system in each priority production zone, comprising:
- a system for measuring the population of olive fly,
- a warning and treatment prescription system,
- facilities for the training and information of growers,
- arrangements for assessing the warning system and the effects of the treatment;
(c) a draft action programme for treatment for each production area where the need arises.
Article 4
1. The Member State concerned shall forward the action programme to the Commission for approval by 31 March 1988 at the latest.
The programme shall include in particular:
(a) a detailed description of the measures contemplated, with details of duration and cost;
(b) a list of the necessary treatment products and equipment with unit costs;
(c) a list of the centres, bodies and producers' organizations responsible for execution of the programme.
2. Within 30 days of receiving the programme the Commission shall notify the Member State of its decision thereon, where appropriate subject to modifications that it deems appropriate. After approval has been given the Member State shall be responsible for the execution of the programme.
3. Expenditure arising from the programme approved by the Commission shall qualify under this Regulation.
However, a maximum of 50 % only of expenditure on treatment shall be defrayed.
Article 5
The treatment work may be carried out by olive-oil producers' organizations or associations thereof recognized under Article 20c of Regulation 136/66/EEC.
The insecticide products to be used in treatment must be used together with protein bait. However, under special conditions and under the direction of the bodies responsible for prescribing the treatment, the use of insecticide products under different rules may be authorized. These insecticides and the use thereof must be such that no residue can be traced in the oil produced from olives originating in the olive-growing areas treated.
Integrated biological control methods may be used as pilot schemes.
Article 6
Payments relating to work contracted out to persons providing services by Member States shall be made on presentation of supporting documents for the expenditure effected.
Advance payments of up to 30 % may be made as soon as the contract has been signed, against the lodging of a security for an equivalent amount; however, the Member State may act as guarantor for bodies referred to in Article 4 (1) (c) which have the status of public institutions.
Article 7
The producer Member States involved in the programme shall apply a monitoring system ensuring that the measures provided for in the programme and for which financing has been granted are carried out correctly. They shall inform the Commission of the monitoring measures provided for when they forward the programme referred to in Article 4.
Article 8
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, 22 December 1987. | [
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COMMISSION REGULATION (EC) No 1773/2006
of 30 November 2006
fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2) and in particular Article 14(3) thereof,
Whereas:
(1)
Article 2 of Council Regulation (EEC) No 2681/74 of 21 October 1974 on Community financing of expenditure incurred in respect of the supply of agricultural products as food aid (3) lays down that the portion of the expenditure corresponding to the export refunds on the products in question fixed under Community rules is to be charged to the European Agricultural Guidance and Guarantee Fund, Guarantee Section.
(2)
In order to make it easier to draw up and manage the budget for Community food aid actions and to enable the Member States to know the extent of Community participation in the financing of national food aid actions, the level of the refunds granted for these actions should be determined.
(3)
The general and implementing rules provided for in Article 13 of Regulation (EC) No 1784/2003 and in Article 13 of Regulation (EC) No 1785/2003 on export refunds are applicable mutatis mutandis to the abovementioned operations.
(4)
The specific criteria to be used for calculating the export refund on rice are set out in Article 14 of Regulation (EC) No 1785/2003.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 1 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2006. | [
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COMMISSION REGULATION (EC) No 1831/96
of 23 September 1996
opening and providing for the administration of Community tariff quotas bound under GATT for certain fruit and vegetables and processed fruit and vegetable products from 1996
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in list CXL drawn up at the conclusion of negotiations under GATT Article XXIV:6 (1), and in particular Article 1 (1) thereof,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (2), as last amended by Commission Regulation (EC) No 1363/95 (3), and in particular Article 25 (1) thereof,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (4), as last amended by Commission Regulation (EC) No 2314/95 (5), and in particular Article 12 (1) thereof,
Having regard to Council Regulation (EC) No 3093/95 of 22 December 1995 laying down the rates of duty to be applied by the Community resulting from negotiations under GATT Article XXIV:6 consequent upon the accession of Austria, Finland and Sweden to the European Union (6), and in particular Article 5 thereof,
Whereas the Community has undertaken in the context of the World Trade Organization to open on certain terms reduced-duty Community tariff quotas for some fruits and vegetables and processed fruit and vegetable products;
Whereas under its international obligations it falls to the Community to open Community tariff quotas for the products listed in the Annexes to this Regulation; whereas continuous equal access to these quotas should be afforded to all Community importers and the quota rates specified should apply uninterruptedly to all imports of the products in question into all Member States until the quotas are exhausted; whereas this need not prevent authorization being granted to the Member States, in the interests of efficient common management of the quotas, to draw from them quantities corresponding to actual imports; whereas this way of working requires close cooperation between Member States and the Commission, which must be able to monitor the state of exhaustion of the quotas and inform the Member States accordingly,
Whereas the tariff quotas provided for in the above-mentioned agreements are to be opened from 1996; whereas it is also necessary to lay down certain specific qualifying requirements for the tariff quota benefits specified in the Annexes to this Regulation;
Whereas, by Regulation (EC) No 858/96 (7), the Commission opened part of the Community tariff quotas bound under GATT; whereas, for the sake of clarity and simplification, all the tariff quotas for fruit and vegetables and processed fruit and vegetable products should be grouped together in this Regulation; whereas Regulation (EC) No 858/96 should therefore be repealed;
Whereas the Management Committees for Fresh Fruit and Vegetables and for Products Processed from Fruit and Vegetables have not delivered an opinion within the time limit set by their chairmen,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tariff reductions on the products listed in the Annexes to this Regulation shall be granted annually by means of Community tariff quotas open for the periods specified in the Annexes.
2. The following customs duties shall apply to the tariff quotas referred to in paragraph 1:
-
for the products listed in Annexes I and II: the customs duties indicated in those Annexes,
-
for the products listed in Annex III: the ad valorem duties indicated in that Annex, as well as, where applicable, the specific duties provided for in the Common Customs Tariff of the European Communities.
3. Entry under the tariff quotas specified in Annex II shall require presentation in support of the declaration of entry for free circulation of a certificate of authenticity in accordance with one of the specimens in Annex IIa, issued by the competent authorities of the country of origin as indicated in Annex IIb, stating that the products possess the specific characteristics indicated in Annex II.
However, in the case of concentrated orange juice, presentation of a certificate of authenticity may be replaced by presentation to the Commission before importation of a general attestation from the competent authority of the country of origin stating that concentrated orange juice produced therein contains no blood orange juice. The Commission shall then inform Member States so that they can advise their customs services. This information shall also be published in the C series of the Official Journal of the European Communities.
Article 2
1. The Commission shall take all administrative action it deems advisable for efficient management of the quotas referred to in Article 1.
2. When an importer presents in a Member State a declaration of entry for free circulation including an application for the benefit of the tariff quota for a product covered by this Regulation the Member State shall, if the declaration has been accepted by the customs authorities, notify the Commission of its wish to draw the amount it needs from the quota volume.
Applications to draw showing the date of acceptance of declarations shall be sent to the Commission without delay.
Drawings shall be granted by the Commission in order of date of acceptance of declarations of entry for free circulation by the Member States' customs authorities provided that the available balance permits.
3. If a Member State does not use the quantities drawn it shall return them to the quota balance as soon as possible.
4. If the quantities applied for are greater than the quota balance, allocation shall be made pro rata to applications. Member States shall be informed of the drawings made.
Article 3
Member States and the Commission shall cooperate closely to ensure that this Regulation is respected.
Article 4
Member States shall ensure that importers have continuous and equal access to the tariff quotas as long as balances permit.
Article 5
Regulation (EC) No 858/96 is hereby repealed.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 September 1996. | [
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Commission Regulation (EC) No 333/2004
of 26 February 2004
derogating, for 2004, from Regulation (EC) No 1898/97 as regards the administration of tariff quotas for pigmeat from Bulgaria and Romania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat(1), and in particular Articles 8(2) and 11(1) and the second paragraph of Article 22 thereof,
Having regard to Council Decision 2003/286/EC of 8 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions(2), and in particular Article 3(2) thereof,
Having regard to Council Decision 2003/18/EC of 19 December 2002 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions(3), and in particular Article 3(2) thereof,
Whereas:
(1) The accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union on 1 May 2004 should enable those countries to qualify for the tariff quotas for pigmeat provided for under the arrangements established by Decisions 2003/18/EC and 2003/286/EC under fair conditions compared with those applicable to the existing Member States. Economic operators in those countries must be given the possibility therefore of participating fully in those quotas upon accession.
(2) In order not to create disturbance on the market before and after 1 May 2004, the timetable for the tranches provided for in 2004 by Commission Regulation (EC) No 1898/97 of 29 September 1997 laying down rules of application in the pigmeat sector for the arrangements under the Europe Agreements with Bulgaria, the Czech Republic, Slovakia, Romania, Poland and Hungary(4) must be altered and the allocation of quantities adjusted without however altering the overall quantities provided for in Decisions 2003/286/EC and 2003/18/EC. The deadline for submitting applications should also be amended.
(3) It is therefore necessary, for 2004, to provide for amendments and adjustments to the measures laid down in Articles 2 and 4(1) of Regulation (EC) No 1898/97.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
1. In derogation from Article 2 of Regulation (EC) No 1898/97, for the period 1 April to 30 June 2004, the quantities laid down in Parts E and F of Annex I to that Regulation shall be distributed as follows:
(a) 8 % during the period 1 to 30 April 2004;
(b) 17 % during the period 1 May to 30 June 2004.
2. In derogation from Article 4(1) of Regulation (EC) No 1898/97, for the period 1 May to 30 June 2004, licence applications for the products referred to in Parts E and F of Annex I to that Regulation shall be submitted during the first seven days of May.
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.
It shall apply from 1 April to 30 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 February 2004. | [
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COMMISSION REGULATION (EC) No 569/2009
of 30 June 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 1 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 2009. | [
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*****
COUNCIL REGULATION (EEC) No 1225/83
of 16 May 1983
amending Regulation (EEC) No 1431/82 laying down special measures for peas and field beans
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas Regulation (EEC) No 1431/82 (2) provides for a system of aid for peas and field beans, whether used for human consumption or animal feed;
Whereas, as regards peas and field beans for animal feed, the abovementioned Regulation lays down that the aid is to be calculated on the basis of the difference between the activating price for soya cake and the world price for that product;
Whereas the aid is also granted for Community products to be fed unprocessed to certain animals; whereas the said products are not in direct competition with soya cake; whereas, on the contrary, they are in direct competition with identical products imported from third countries; whereas this situation should therefore be remedied by calculating the aid on the basis of the difference between the guide price fixed for peas and field beans and the price recorded on the world market for the same products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1431/82 is hereby amended as follows:
1. Article 2 (1) shall be replaced by the following:
'1. Before 1 August each year, for the marketing year beginning the following calendar year, the following prices shall be fixed for the Community in accordance with the procedure laid down in Article 43 (2) of the Treaty:
(a) an activating price for aid, hereinafter termed "activating price", where the products referred to in Article 1 are used for the manufacture of animal feed;
(b) a guide price where these products are used for human consumption or animal feed for a use other than that provided for under (a).'
2. Article 3 (2) shall be replaced by the following:
'2. When the average world market price for the products referred to in Article 1, as determined in accordance with Article 4 (2), is lower than the guide price laid down for the marketing year, aid equal to the difference between these two prices shall be granted for products which are harvested in the Community and used for human consumption or animal feed for a use other than that provided for in paragraph 1.'
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 to products placed under supervision on or after 1 July 1983 for which an aid application has not been lodged prior to the entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 1983. | [
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Commission Regulation (EC) No 1172/2002
of 28 June 2002
fixing the import duties in the rice sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2),
Having regard to Commission Regulation (EC) No 1503/96 of 29 July 1996 laying down detailed rules for the application of Council Regulation (EC) No 3072/95 as regards import duties in the rice sector(3), as last amended by Regulation (EC) No 2831/98(4), and in particular Article 4(1) thereof,
Whereas:
(1) Article 11 of Regulation (EC) No 3072/95 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by a certain percentage according to whether it is husked or milled rice, minus the cif import price provided that duty does not exceed the rate of the Common Customs Tariff duties.
(2) Pursuant to Article 12(3) of Regulation (EC) No 3072/95, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market or on the Community import market for the product.
(3) Regulation (EC) No 1503/96 lays down detailed rules for the application of Regulation (EC) No 3072/95 as regards import duties in the rice sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available from the source referred to in Article 5 of Regulation (EC) No 1503/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1503/96 results in import duties being fixed as set out in the Annexes to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the rice sector referred to in Article 11(1) and (2) of Regulation (EC) No 3072/95 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 1 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 June 2002. | [
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COMMISSION REGULATION (EC) No 1883/2006
of 19 December 2006
laying down methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 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 (1), and in particular Article 11 (4) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (2) provides for maximum levels for dioxins and furans and for the sum of dioxins, furans and dioxin-like PCBs in certain foodstuffs.
(2)
Commission Directive 2002/69/EC of 26 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs (3) establishes specific provisions concerning the sampling procedure and the methods of analysis to be applied for the official control.
(3)
The application of new maximum levels for the sum of dioxins, furans and dioxin-like PCBs requires amendments to Directive 2002/69/EC. For reasons of clarity, it is appropriate to replace Directive 2002/69/EC by this Regulation.
(4)
The provisions laid down in this Regulation relate only to the sampling and analysis of dioxins and dioxin-like PCBs for the implementation of Regulation (EC) No 1881/2006 and do not affect the sampling strategy, sampling levels and frequency as specified in Annexes III and IV of Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (4). They do not affect the targeting criteria for sampling as laid down in Commission Decision 98/179/EC of 23 February 1998 laying down detailed rules on official sampling for the monitoring of certain substances and residues thereof in live animals and animal products (5).
(5)
A screening method of analysis with proven, widely acceptable validation and high throughput should be used to select the samples with significant levels of dioxins and dioxin-like PCBs. The levels of dioxins and dioxin-like PCBs in these samples need to be determined by a confirmatory method of analysis. It is therefore appropriate to establish strict requirements for the confirmatory methods of analysis and minimum requirements for the screening method.
(6)
For the sampling of very large fishes, it is necessary that the sampling is specified in order to ensure a harmonised approach throughout the Community.
(7)
In fishes of the same species and originating from the same region, the level of dioxins and dioxin-like PCBs in the fish can be different dependent on the size and or age of the fish. Moreover the level of dioxins and dioxin-like PCBs is not necessarily the same in all parts of the fish. Therefore in case of sampling of fishes, it is necessary that the sampling and sample preparation is specified in order to ensure a harmonised approach throughout the Community.
(8)
It is of major importance that analytical results are reported and interpreted in a uniform way in order to ensure a harmonised enforcement approach throughout the Community.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Sampling for the official control of the levels of dioxins, furans and dioxin-like PCBs in foodstuffs listed in Section 5 of the Annex to Regulation (EC) No 1881/2006 shall be carried out in accordance with the methods set out in Annex I to this Regulation.
Article 2
Sample preparation and analyses for the official control of the levels of dioxins, furans and dioxin-like PCBs in foodstuffs listed in Section 5 of the Annex to Regulation (EC) No 1881/2006 shall be carried out in accordance with the methods set out in Annex II to this Regulation.
Article 3
Directive 2002/69/EC is hereby repealed. References to the repealed Directive shall be construed as references to this Regulation.
Article 4
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 March 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2006. | [
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COMMISSION DECISION of 4 April 1997 on setting up a special aquaculture section of the Advisory Committee on Fisheries (97/247/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas it is important to seek the views of the trade and of consumers on various aspects of a Community system for fisheries and aquaculture, in the aquaculture sector;
Whereas an Advisory Committee on Fisheries was set up in the fisheries sector by Commission Decision 71/128/EEC (1), which text has last been replaced by Decision 89/4/EEC (2);
Whereas in view of the development of the aquaculture industry, of its economic importance and of certain of its special features, a special aquaculture section of the Advisory Committee on Fisheries should be set up to improve opportunities for consulting the industry;
Whereas, in order to ensure that consultation in the fisheries and aquaculture sector is coordinated, the section should be chaired by the chairman of the Advisory Committee on Fisheries, and joint meetings of the Advisory Committee of Fisheries and the special aquaculture section should be organized whenever necessary,
HAS DECIDED AS FOLLOWS:
Article 1
1. There shall be attached to the Commission a special aquaculture section of the Advisory Committee on Fisheries, hereinafter called 'the Section`.
2. The Section shall be composed of representatives of the following interests, connected with the aquaculture sector: producers and cooperatives, credit institutions, trade and industry, workers and consumers.
Article 2
1. The Section may be consulted by the Commission on any problem concerning aquaculture, and in particular on measures it is required to adopt for the aquaculture sector in the framework of the common policy on fisheries and aquaculture.
2. The chairman of the Section may indicate to the Commission the desirability of consulting the Section on any matter within the latter's competence.
3. He shall do so, in particular, at the request of one of the interests represented.
Article 3
The Section shall consist of 20 members. Seats shall be apportioned as follows:
- 13 to representatives of aquaculture producers and cooperatives, including at least four to representatives of producers and cooperatives engaged in the production of molluscs,
- three to representatives of the trade in and processing of aquaculture products,
- two to representatives of workers in the aquaculture sector,
- one joint seat to a representative of commercial banks and specialized cooperative credit institutions,
- one to a consumers' representative.
Article 4
1. Members of the Section shall be appointed by the Commission on proposals from the trade organizations and other bodies set up at Community level which are most representative of the interests specified in Article 1 (2). Those bodies shall, for each seat to be filled, put forward the names of two candidates of different nationality.
2. The term of office for members of the Section shall be three years, except the first term of office, which shall expire at the end of the term of office of the members of the Advisory Committee on Fisheries. Their appointments may be renewed. Members shall not be remunerated for their services.
After expiry of the three years, members of the Section shall remain in office until they are replaced or until their appointments are renewed.
A member's term of office may be terminated before expiry of the three years by death or resignation.
It may also be terminated where the body which the member represents requests that he be replaced.
A person shall be appointed, in accordance with the procedure laid down in paragraph 1, to replace such member for the remainder of the term of office.
3. A list of the members of the Section shall be published by the Commission for information purposes, in the Official Journal of the European Communities.
Article 5
The chairman of the Advisory Committee on Fisheries shall be chairman of the Section. The Section shall elect a vice-chairman for a period of three years, save that the first term of office shall expire at the end of the term of office of the members of the Section, as provided for in Article 4 (2). The vice-chairman shall be elected by a two-thirds majority of the members present. The Section may, be the like majority, elect further officers from among the other members. In that case, the officers other than the chairman shall consist at most of one representative of each interest represented in the Section. The officers shall prepare and organize the work of the Section.
Article 6
At the request of any of the interests represented, the chairman may invite a person delegated by the interest concerned to be present at meetings of the Section. He may likewise on such request invite any person with special qualification in any subject on the agenda to take part in an except capacity in the deliberations of the Section. Experts shall take part in discussions only of those questions on account of which they were invited.
Article 7
The Section may set up working groups to assist it in carrying out its work.
Article 8
1. The Section shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the chairman by arrangement with the Commission.
2. Joint meetings with the Advisory Committee on Fisheries shall be organized at the request of the chairman of that Committee or of the Commission.
3. Representatives of the Commission departments concerned shall take part in meetings of the Section, its officers and working groups.
4. Secretarial services for the Section, its officers and working groups shall be provided by the Commission.
Article 9
The Section shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.
The Commission may, when seeking the opinion of the Section, set a time limit within which such opinion shall be given.
The views expressed by the various interests represented shall be included in a report forwarded to the Commission.
In the event of unanimous agreement being reached in the Section on the opinion to be given, the Section shall formulate joint conclusions and attach them to the report.
Article 10
Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Section shall be under an obligation not to disclose information which has come to their knowledge through the work of the Section or of its working groups.
In such cases, only Section members and representatives of the Commission departments concerned may be present at meetings.
Article 11
This Decision shall enter into force on 4 April 1997.
Done at Brussels, 4 April 1997. | [
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COMMISSION DECISION
of 17 June 1998
on a common technical Regulation for public land-based enhanced radio message system (ERMES) receiver requirements (second edition)
(notified under document number C(1998) 1615)
(Text with EEA relevance)
(98/522/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/13/EC of the European Parliament and of the Council of 12 February 1998 relating to telecommunications terminal equipment and satellite earth station equipment, including the mutual recognition of their conformity (1),
Whereas the Commission has adopted the measure identifying the type of terminal equipment for which a common technical regulation is required, as well as the associated scope statement;
Whereas the corresponding harmonised standards, or parts thereof, implementing the essential requirements which are to be transformed into common technical regulations should be adopted;
Whereas in order to ensure continuity of access to markets for manufacturers, it is necessary to allow for transitional arrangements regarding equipment approved according to Commission Decision 95/290/EC (2);
Whereas the common technical Regulation adopted in this Decision is in accordance with the opinion of ACTE,
HAS ADOPTED THIS DECISION:
Article 1
1. This Decision shall apply to terminal equipment intended to be connected to the pan-European land-based radio paging system known as enhanced radio message system (ERMES) and falling within the scope of the harmonised standard identified in Article 2(1).
2. This Decision establishes a common technical regulation covering the receiver requirements for ERMES terminal equipment.
Article 2
1. The common technical Regulation shall include the harmonised standard prepared by the relevant standardisation body implementing to the extent applicable the essential requirements referred to in Article 5(d), (e), (f) and (g) of Directive 98/13/EC. The reference to the standard is set out in the Annex.
2. Terminal equipment covered by this Decision shall comply with the common technical Regulation referred to in paragraph 1, shall meet the essential requirements referred to in Article 5(a) and (b) of Directive 98/13/EC, and shall meet the requirements of any other applicable Directives, in particular Council Directives 73/23/EEC (3) and 89/336/EEC (4).
Article 3
Notified bodies designated for carrying out the procedures referred to in Article 10 of Directive 98/13/EC shall, as regards terminal equipment covered by Article 1(1) of this Decision, use or ensure the use of the harmonised standard referred to in the Annex within 12 months after the coming into force of this Decision.
Article 4
1. Decision 95/290/EC shall be repealed with effect from 12 months after the coming into force of this Decision.
2. Terminal equipment, approval under Decision 95/290/EC may continue to be placed on the market and put into service.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 17 June 1998. | [
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COMMISSION REGULATION (EC) No 336/2005
of 25 February 2005
on the issue of import licences for certain preserved mushrooms imported under the autonomous tariff quota opened by Regulation (EC) No 220/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 220/2005 of 10 February 2005 opening and providing for the administration of an autonomous tariff quota for preserved mushrooms (1), and in particular Article 6(3) thereof,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
1. Import licences applied for by traditional importers pursuant to Article 4(1) of Regulation (EC) No 220/2005 and submitted to the Commission on 22 February 2005 shall be issued for 7,853 % of the quantity applied for.
2. Import licences applied for by new importers pursuant to Article 4(1) of Regulation (EC) No 220/2005 and submitted to the Commission on 22 February 2005 shall be issued for 9,615 % of the quantity applied for.
Article 2
This Regulation shall enter into force on 28 February 2005.
It shall apply until 30 June 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2005. | [
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COMMISSION REGULATION (EC) No 320/2007
of 22 March 2007
establishing a prohibition of fishing for blue whiting in EC and international waters of ICES zones I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV by vessels flying the flag of Ireland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2007.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of, or registered in, the Member State referred to therein have exhausted the quota allocated for 2007.
(3)
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2007 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 2007. | [
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COUNCIL DIRECTIVE 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 49, Article 57 (1) and (2), first and third sentences, and Article 66 thereof,
Having regard to the proposal from the Commission,
In cooperation with the European Parliament(1) ,
Having regard to the opinion of the Economic and Social Committee(2) ,
Whereas Council Directives 75/362/EEC of 16 June 1975 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medecine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services(3) and 75/363/EEC of 16 Juni 1975 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors(4) have been frequently and substantially amended; whereas, therefore, for reasons of clarity and rationality, the said Directives should be consolidated; whereas it is in addition advisable, by grouping together the said Directives in a single text, to incorporate therein Council Directive 86/457/EEC of 15 September 1986 on specific training in general medical practice(5) ;
Whereas, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period; whereas the principle of such treatment based on nationality applies in particular to the grant of any authorization required to practise as a doctor and also to the registration with, or membership of, professional organizations or bodies;
Whereas it nevertheless seems desirable that certain provisions be introduced to facilitate the effective exercise of the right of establishment and freedom to provide services in respect of the activities of doctors;
Whereas, pursuant to the Treaty, the Member States are required not to grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that directives be issued for mutual recognition of diplomas, certificates and other evidence of formal qualifications; whereas the aim of this Directive is the recognition of diplomas, certificates and other evidence of formal qualifications whereby activities in the field of medicine can be taken up and pursued and the recognition of diplomas, certificates and other evidence of formal qualifications in respect of specialists;
Whereas, with regard to the training of specialists, mutual recognition of training qualifications is advisable where these qualifications, while not being a condition of access to take up the activities of a specialist, nonetheless entitle him to use a specialist title;
Whereas changes in the legislation of the Member States have made certain technical amendments necessary in order to take into account, in particular, the changes in the titles of diplomas, certificates and other evidence of formal qualifications in these professions or in the designation of certain medical specializations, as well as of the establishment of certain new medical specializations or the discontinuing of certain former specialization which have taken place in some Member States;
Whereas it is advisable to make provision for measures relating to acquired rights with regard to the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine issued by the Member State and approving training which had commenced before the implementation of this Directive;
Whereas, with regard to the possession of a formal certificate of training, since a Directive on the mutual recognition of diplomas does not necessarily imply equivalence in the training covered by such diplomas, the use of such qualifications should be authorized only in the language of the Member State of origin or of the Member State from which the foreign national comes;
Whereas, to facilitate the application of this Directive by the national authorities, Member States may prescribe that, in addition to formal certificates of training, the person who satisfies the conditions of training required by this Directive must provide a certificate from the competent authorities of his country of origin or of the country from which he comes stating that these certificates of training are those covered by the Directive;
Whereas this Directive does not affect the provisions laid down by law, regulation or administrative action in the Member States, which prohibit companies or firms from practising medicine or impose on them certain conditions for such practice;
Whereas, in the case of the provision of services, the requirement of registration with, or membership of, professional organizations or bodies, since it is related to the fixed and permanent nature of the activity pursued in the host country, would undoubtedly constitute an obstacle to the person wishing to provide the service, by reason of the temporary nature of his activity; whereas this requirement should therefore be abolished; whereas, however, in this event, control over professional discipline, which is the responsibility of these professional organizations or bodies, should be guaranteed; whereas, to this end, it should be guaranteed; whereas, to this end, it should be provided, subject to the application of Article 62 of the Treaty, that the person concerned may be required to submit to the competent authority of the host Member State particulars relating to the provision of services;
Whereas, with regard to the requirements relating to good character and good repute, a distinction should be drawn between the requirements to be satisfied on first taking up the profession and those to be satisfied to practise it;
Whereas, with a view to mutual recognition of diplomas, certificates and other evidence of formal qualifications in specialized medicine and in order to put all members of the profession who are nationals of the Member States on an equal footing within the Community, some coordination of the requirements for training in specialized medicine seems necessary; whereas certain minimum criteria should be laid down for this purpose concerning the right to take up specialized training, the minimum training period, the method by which such training is given and the place where it is to be carried out, as well as the supervision to which it should be subject; whereas these criteria only concern the specialities common to all the Member States or to two or more Member States;
Whereas the coordination of the conditions for the pursuit of these activities, as envisaged by this Directive, does not exclude any subsequent coordination;
Whereas the point has now been reached where it is almost universally recognized that there is a need for specific training for the general medical practitioner to enable him better to fulfil his function; whereas this function, which depends to a great extent on the doctor's personal knowledge of his patients' environment, consists of giving advice on the prevention of illness and on the protection of the patients' general health, besides giving appropriate treatment;
Whereas this need for specific training in general medical practice has emerged mainly as a result of the development of medical science, which has increasingly widened the gap between medical research and teaching on the one hand and general medical practice on the other, so that important aspects of general medical practice can no longer be taught in a satisfactory manner within the framework of the Member States' current basis medical training;
Whereas, apart from the benefit to patients, it is also recognized that improved training for the specific function of general medical practitioner would contribute to an improvement in health care, particularly by developing a more selective approach to the consultation of specialists, use of laboratories and other highly specialized establishments and equipment;
Whereas improved training for general medical practice will upgrade the status of the general medical practitioner;
Whereas, although this situation seems irreversible, it has developed at different rates in the various Member States; whereas it is desirable to ensure that the various trends converge in successive stages, without however forcing the pace, with a view to appropriate training for every general medical practitioner in order to satisfy the specific requirements of general medical practice;
Whereas, to ensure the gradual introduction of this reform, it is necessary in an initial stage to institute in each Member State specific training in general medical practice which satisfies minimum quality and quantitiy requirements, and supplements the minimum basic training which medical practitioners must receive in accordance with this Directive; whereas it is immaterial whether this training in general medical practice is received as part of, or separately from, basic medical training as laid down nationally; whereas, in a second stage, provision should be made to subject the exercise of general medical practice under a social security scheme to completion of specific training in general medical practice; whereas further proposals to complet the reform should subsequently be put forward;
Whereas this Directive does not affect the power of the Member States to organize their national security schemes and to determine what activities are to be carried out under those schemes;
Whereas the coordination, pursuant to this Directive, of the minimum conditions governing the issue of diplomas, certificates or other evidence of formal qualifications certifying completion of specific training in general medical practice will render possible the mutual recognition of these diplomas, certificates or other evidence of formal qualifications by the Member States;
Whereas, pursuant to this Directive, a host Member State is not entitled to require medical practitioners, in possession of diplomas obtained in another Member State and recognized pursuant to this Directive, to complete any additional training in order to practise within its social security scheme, even where such training is required of holders of diplomas of medicine obtained in its own territory; whereas this consequence of this Directive will remain in effect as regards the exercise of general medical practice under social security schemes until 1 January 1995, from which date this Directive requires all Member States to make the exercise of general medical practice in the context of their social security schemes subject to the possession of specific training in general medical practice; whereas medical practitioners established in practice before that date pursuant to this Directive must have an acquired right to practise as general medical practitioners under the national social security scheme of the host country even if they have not completed specific training in general medical practice;
Whereas the coordination envisaged by this Directive covers the professional training of doctors, whereas, as far as training is concerned, most Member States do not at present distinguish between doctors who pursue their activities as employed persons and those who are self-employed; whereas rules relating to good character or good repute, professional discipline or use of title for the professions covered are or may be applicable, depending on the individual Member States, both to employed and self-employed persons; whereas the activities of doctors are subject in all Member States to possession of a diploma, certificate or other evidence of formal qualification in medicine; whereas such activities are pursued by both employed and self-employed persons, or by the same persons in both capacities in the course of their professional career; whereas, in order to encourage as far as possible the free movement of those professional persons within the Community, it therefore appears necessary to extend this Directive to employed doctors;
Whereas, this Directive must not affect the obligations of the Member States concerning the deadlines for transposition set out in Annex III, Part B,
HAS ADOPTED THIS DIRECTIVE:
TITLE I SCOPE
Article 1
This Directive shall apply to the activities of doctors working in a self-employed or employed capacity who are nationals of the Member States.
TITLE II MUTUAL RECOGNITION OF DIPLOMAS CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN MEDICINE CHAPTER I
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN MEDICINE
Article 2
Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications awarded to nationals of Member States by the other Member States in accordance with Article 23 and which are listed in Article 3, by giving such qualifications, as far as the right to take up and pursue the activities of a doctor is concerned, the same effect in its territory as those which the Member State itself awards.
Article 3
The diplomas, certificats and other evidence of formal qualifications referred to in Article 2 are as follows:
(a) in Belgium:
'diplôme légal de docteur en médecine, chirurgie et accouchements/Wettelijk diploma van doctor in de genees-, heel- en verloskunde' (diploma of doctor of medicine, surgery and obstetrics required by law) awarded by the university faculties of medicine, the Central Examining Board or the State University Education Examining Board;
(b) in Denmark:
'bevis for bestaaet laegevidenskabelig embedseksamen' (diploma of medical practitioner required by law) awarded by a university faculty of medicine and 'dokumentation for gennemfoert praktisk uddannelse', (certificate of practical training issued by the competent authorities of the health serivce);
(c) in Germany:
1. 'Zeugnis ueber die aerztliche Staatspruefung' (the State examination certificate in medicine) awarded by the competent authoriteis, 'Zeugnis ueber die Vorbereitungszeit als Medizinalassistent' (certificate stating that the preparatory period as medical assistant has been completed) in so far as German law still requires such a period to complete medical training;
2. 'Zeugnis ueber die aerztliche Staatspruefung' (the State examination certificate in medicine) awarded by the competent authorities after 30 June 1988 and the certificat attesting to the practice of medicine during a period of practical training ('Arzt im Praktikum');
(d) in Greece:
'Ptychio Iatrikis' (degree in medicine) awarded by:
- the faculty of medicine of a university, or
- the faculty of health sciences, department of medicine, of a university;
(e) in Spain:
'Título de Licenciado en Medicina y Cirugia' (university degree in medicine and surgery) awarded by the Ministry of Education and Science or the rector of a university;
(f) in France:
1. 'diplôme d'État de docteur en médecine' (State diploma of doctor of medicine) awarded by the university faculties of medicine, the university joint faculties of medicine and pharmacy, or by the universities;
2. 'diplôme d'université de docteur en médicine' (university diploma of doctor of medicine) where that diploma certifies completion of the same training course as that laid down for the State diploma of doctor of medicine;
(g) in Ireland:
a primary qualification granted in Ireland after passing a qualifying examination held by a competent examining body and a certificate of experience granted by that body which give entitlement to registration as a fully registered medical practitioner;
(h) in Italy:
'diploma di laurea in medicina e chirurgia' (diploma of graduate in medicine and surgery) awarded by a university, accompanied by a 'diploma di abilitazione all'esercizio della medicina e chirurgia' (diploma conferring the right to practise medicine and surgery) awarded by the State Examining Commission;
(i) in Luxembourg:
'diplôme d'État de docteur en médecine, chirurgie et accouchements' (State diploma of doctor of medicine, surgery and obstetrics) awarded by the State Examining Board, and endorsed by the Minister of Educations, and 'certificat de stage' (certificate of practical training) endorsed by the Minister for Public Health;
(j) in the Netherlands:
'universitair getuigschrift van arts' (university certificate of doctor);
(k) in Portugal:
'Carta de curso de licenciatura em medicina' (diploma confirming the completion of medical studies), awarded by a university, and the 'Diploma comprovativo da conclusao do internato geral' (diploma confirming the completion of general internship), awarded by the competent authorities of the Ministry of Health;
(l) in the United Kingdom:
'a primary qualification granted in the United Kingdom after passing a qualifying examination held by a competent examining body and a certificate of experience granted by that body which give entitlement to registration as a fully registered medical practitioner.
CHAPTER II
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN SPECIALIZED MEDICINE COMMON TO ALL MEMBER STATES
Article 4
Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications in specialized medicine awarded to nationals of Member States by the other Member States in accordance with Articles 24, 25, 26, and 29 and which are listed in Article 5, by giving such qualifications the same effect in its territory as those which the Member State itself awards.
Article 5
1. The diplomas, certificates and other evidence of formal qualifications referred to in Article 4 shall be those which, having been awarded by the competent authorities or bodies listed in paragraph 2 correspond, for the purpose of the specialized training concerned, to the qualifications recognized in the various Member States and listed in paragraph 3.
2. The diplomas, certificates and other evidence of formal qualifications awarded by the competent authorities or bodies referred to in paragraph 1 are as follows:
in Belgium:
'titre d'agrégation en qualité de médecin spécialiste / erkenningstitel van geneersheer specialist' (formal evidence of having qualified as a medical specialist) issued by the Minister responsible for public health;
in Denmark:
'bevis for tilladelse til at betegne sig som speciallaege' (certificate concerning the title of specialist) issued by the competent authorities of the health service;
in Germany:
'Fachaerztliche Anerkennung' (recognized certificate of medical specialist, issued by the 'Landesaerztekammer' (Chambers of Physicians of the Land concerned);
in Greece:
'Titlos Iatrikis Eidikotitas' (certificate of medical specialization) awarded by the 'Nomarchies' (prefectures);
in Spain:
'Título de Especialista' (professional qualification of specialist) awarded by the Ministry of Education and Science;
in France:
- 'certificat d'études spéciales de médecine' (certificate of specialized studies in medicine) issued by a university faculty of medicine, university joint faculties of medicine and pharmacy or by universities,
- certificates of qualified medical specialist, drawn up by the Council of the Ordre des médecins,
- le 'certificat d'études spéciales de médecine' (certificate of specilized studies in medicine) issued by a university faculty of medicine, university joint faculties of medicine and pharmacy or equivalent certificates drawn up under a decree of the Minister for Education,
- 'diplôme d'études spécialisées de médecine délivré par les universités' (diploma of specialized studies in medicine awarded by a university);
in Ireland:
certificate of specialist doctor issued by the competent authority recognized for this purpose by the Minister of Health;
in Italy:
'diploma di medico specialista, rilasciati dal rettore di una universita' (diploma of specialized doctor, granted by a rector of a university);
in Luxembourg:
'certificat de médecin spécialiste' (certificate of specialist doctor) issued by the Minister for Public Health on the advice of the medical college;
in the Netherlands:
- 'Getuigschrift van erkenning en inschrijving in het Specialistenregister' (certificate of recognition and registration in the Register of Specialists, issued by the 'Specialisten-Registratiecommissie (SRC)' (Commission for the Registration of Specialists (CRS)),
- 'Getuigschrift van erkenning en inschrijving in het Register von Sociaal-Geneeskundigen' (certificate of approval and registration issued by the 'Sociaal-Geneeskundigen Registratie-Commissie (SGRC)' (Board of Registration of Doctors of Social Medicine);
in Portugal:
'Grau de Assistente' (assistant grade), awarded by the competent authorities of the Ministry of Health, or 'Título de Especialista' (professional qualification of specialist) awarded by the professional association for medical practitioners;
in the United Kingdom:
certificate of completion of specialist training issued by the competent authority recognized for this purpose.
3. The titles currently used in the Member States which correspond to the specialized training courses in question are as follows:
- anaesthetics:
Belgium: anesthésiologie/anesthesiolgie
Denmark: anaesteasiolgi
Germany: Anaesthesiologie
Greece: anaisthisiologia
Spain: anestesiología y reanimación
France: anesthésiologie-réanimation chirurgicale
Ireland: anaesthetics
Italy: anestesia e rianimazione
Luxembourg: anesthésie-réanimation
Netherlands: anesthesiologie
Portugal: anestesiologia
United Kingdom: anaesthetics,
- general surgery:
Belgium: chirurgie/heelkunde
Denmark: kirurgi eller kirurgiske sygdomme
Germany: Chirurgie
Greece: cheiroyrgiki
Spain: cirugía general y del aparato digestivo
France: chirurgie générale
Ireland: general surgery
Italy: chirurgia generale
Luxembourg: chirurgie générale
Netherlands: heelkunde
Portugal: cirurgia geral
United Kingdom: general surgery,
- neurological surgery:
Belgium: neurochirurgie/neurochirurgie
Denmark: neurokirurgi eller kirurgiske
nervesygdomme
Germany: Neurochirurgie
Greece: nevrocheiroyrgiki
Spain: neurocirugia
France: neurochirurgie
Ireland: neurological surgery
Italy: neurochirurgia
Luxembourg: neurochirurgie
Netherlands: neurochirurgie
Portugal: neurocirurgia
United Kingdom: neurological surgery,
- obstetrics and gynaecology:
Belgium: gynécologie-obstétrique/gynecologie-verloskunde
Denmark: gynaekologi og obstetrik eller kvindesygdomme og foedselshjaeelp
Germany: Frauenheilkunde und Geburtshilfe
Greece: maieftiki-gynaikologia
Spain: obstetricia y ginecología
France: gynécologie-obstétrique
Ireland: obstetrics and gynaecology
Italy: ostetricia e ginecologia
Luxembourg: gynécologie-obstétrique
Netherlands: verloskunde en gynaecologie
Portugal: ginecologia e obstetricia
United Kingdom: obstetrics and gynaecology,
- general (internal) medicine:
Belgium: médecine interne/inwendige geneeskunde
Denmark: intern medicin eller medicinske sygdomme
Germany: Innere Medizin
Greece: pathologia
Spain: medicina interna
France: médecine interne
Ireland: general (internal) medicine
Italy: medicina interna
Luxembourg: maladies internes
Netherlands: inwendige geneeskunde
Portugal: medicina interna
United Kingdom: general medicine,
- ophthalmology:
Belgium: ophtalmologie/oftalmologie
Denmark: oftalmologi eller ooejensygdomme
Germany: Augenheilkunde
Greece: ofthalmologia
Spain: oftalmología
France: ophtalmologie
Ireland: ophtalmology
Italy: oculistica
Luxembourg: ophtalmologie
Netherlands: oogheelkunde
Portugal: oftalmologia
United Kingdom: opthalmology,
- oto rhino laryngology:
Belgium: oto-rhino-laryngologie/otorhinolaryngologie
Denmark: oto-rhino-laryngologi eller oere-naese-halssygdomme
Germany: Hals-Nasen-Ohrenheilkunde
Greece: otorinolaryngologia
Spain: otorrinolaringología
France: oto-rhino-laryngologie
Ireland: otolaryngology
Italy: otorinolaringoiatria
Luxembourg: oto-rhino-laryngologie
Netherlands: keel-, neus- en oorheelkunde
Portugal: otorrinolaringologia
United Kingdom: otolaryngology,
- paediatrics:
Belgium: pédiatrie/kindergeneeskunde
Denmark: paediatri eller boernesygdomme
Germany: Kinderheilkunde
Greece: paidiatriki
Spain: pediatría sus áreas específicas
France: pédiatrie
Ireland: paediatrics
Italy: pediatria
Luxembourg: pédiatrie
Netherlands: kindergeneeskunde
Portugal: pediatria
United Kingdom: paediatrics,
- respiratory medicine:
Belgium: pneumologie/pneumologie
Denmark: medicinske lungesydomme
Germany: Lungen- und Bronchialheilkunde
Greece: fymatiologia-pnevmonologia
Spain: neumologia
France: pneumologie
Ireland: respiratory medicine
Italy: tisiologia e malattie dell'apparato respiratorio
Luxembourg: pneumo-phtisiologie
Netherlands: longziekten en tuberculose
Portugal: pneumologia
United Kingdom: respiratory medicine,
- urology
Belgium: urologie/urologie
Denmark: urologi eller urinvejenes kirurgiske sygdomme
Germany: Urologie
Greece: oyrologia
Spain: urología
France: chirurgie urologique
Ireland: urology
Italy: urologia
Luxembourg: urologie
Netherlands: urologie
Portugal: urologia
United Kingdom: urology;
- orthopaedics:
Belgium: orthopédie/orthopedie
Denmark: ortopaedisk kirurgi
Germany: Orthopaedie
Greece: orthopediki
Spain: traumatología y cirugía ortopédica
France: chirurgie orthopédique et traumatologie
Ireland: orthopaedic surgery
Italy: ortopedia e traumatologia
Luxembourg: orthopédie
Netherlands: orthopedie
Portugal: ortopedia
United Kingdom: orthopaedic surgery,
- pathological anatomy:
Belgium: anatomie pathologique/pathologische anatomie
Denmark: patologisk anatomi og histologi eller vaevsundersoegelse
Germany: Pathologie
Greece: pathologiki anatomiki
Spain: anatomía patológica
France: anatomie et cytologie pathologique
Ireland: morbid anatomy and histopathology
Italy: anatomia patologica
Luxembourg: anatomie pathologique
Netherlands: pathologische anatomie
Portugal: anatomia patológica
United Kingdom: morbid anatomy and histopathology;
- neurology:
Belgium: neurologie/neurologie
Denmark: neuromedicin eller medicinske nervesygdomme
Germany: Neurologie
Greece: nevrologia
Spain: neurologia
France: neurologie
Ireland: neurology
Italy: neurologia
Luxembourg: neurologie
Netherlands: neurologie
Portugal: neurologia
United Kingdom: neurology,
- psychiatry:
Belgium: psychiatrie/psychiatrie
Denmark: psykiatri
Germany: Psychiatrie
Greece: psychiatriki
Spain: psiquiatría
France: psychiatrie
Ireland: psychiatry
Italy: psichiatria
Luxembourg: psychiatrie
Netherlands: psychiatrie
Portugal: psiquiatria
United Kingdom: psychiatry.
CHAPTER III
DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN SPECIALIZED MEDICINE PECULIAR TO TWO OR MORE MEMBER STATES
Article 6
Each Member State with provisions on this matter laid down by law, regulation or administrative action shall recognize the diplomas, certificates and other evidence of formal qualifications in specialized medicine awarded to nationals of Member States by the other Member States in accordance with Articles 24, 25, 27 and 29 and which are listed in Article 7, by giving such qualifications the same effect in its territory as those which the Member State itself awards.
Article 7
1. The diplomas, certificates and other evidence of formal qualifications referred to in Article 6 shall be those which, having been awarded by the competent authorities or bodies listed in Article 5 (2), correspond for the purposes of the specialized training in question to the designations listed in paragraph 2 of this Article in respect of those Member States which give such training.
2. The designations currently used in the Member States which correspond to the specialist training courses in question are as follows:
- clinical biology:
Belgium: biologie clinique/klinische biologie
Spain: análisis clínicos
France: biologie médicale
Italy: patologia diagnostica di laboratorio
Portugal: patologia clínica,
- biological haematology:
Denmark: klinisk blodtypeserologi
France: hématologie
Luxembourg: hématologie biologique
Portugal: hematologia clínica,
- microbiology-bacteriology:
Denmark: klinisk mikrobiologi
Germany: Mikrobiologie und Infektionsepidemiologie
Greece: mikroviologia
Spain: microbiología y parasitología
Ireland: microbiology
Italy: microbiologia
Luxembourg: microbiologie
Netherlands: medische microbiologie
United Kingdom: medical microbiology,
- biological chemistry:
Denmark: klinisk kemi
Spain: bioquímica clínica
Ireland: chemical pathology
Luxembourg: chimie biologique
Netherlands: klinische chemie
United Kingdom: chemical pathology,
- immunology:
Spain: inmunología
Ireland: clinical immunology
United Kingdom: immunology,
- plastic surgery:
Belgium: chirurgie plastique/plastische heelkunde
Denmark: plastikkirurgi
Greece: plastiki cheiroyrgiki
Spain: cirurgía plástica y reparadora
France: chirurgie plastique, reconstructrice et esthétique
Ireland: plastic surgery
Italy: chirurgia plastica
Luxembourg: chirurgie plastique
Netherlands: plastische chirurgie
Portugal: cirurgia plástica e reconstrutiva
United Kingdom: plastic surgery,
- thoracic surgery:
Belgium: chirurgie thoracique/heelkunde op de thorax
Denmark: thoraxkirurgi eller brysthulens kirurgiske sygdomme
Greece: cheiroyrgiki thorakos
Spain: cirurgía torácica
France: chirurgie thoracique et cardio-vasculaire
Ireland: thoracic surgery
Italy: chirurgia toracica
Luxembourg: chirurgie thoracique
Netherlands: cardio-pulmonale chirurgie
Portugal: cirurgia cárdio-torácica
United Kingdom: thoracic surgery,
- paediatric surgery:
Greece: cheiroyrgiki paidon
Spain: cirurgía pediátrica
France: chirurgie infantile
Ireland: paediatric surgery
Italy: chirurgia pediatrica
Luxembourg: chirurgie pédiatrique
Portugal: cirurgia pediátrica
United Kingdom: paediatric surgery,
- vascular surgery:
Belgium: chirurgie des vaisseaux/bloedvatenheelkunde
Spain: angiología y cirugía vascular
France: chirurgie vasculaire
Italy: chirurgia vascolare
Luxembourg: chirurgie cardio-vasculaire
Portugal: cirurgia vascular,
- cardiology:
Belgium: cardiologie/cardiologie
Denmark: cardiologi eller hjerte-og-kredsloebssygdomme
Greece: kardiologia
Spain: cardiología
France: pathologie cardio-vasculaire
Ireland: cardiology
Italy: cardiologia
Luxembourg: cardiologie et angiologie
Nederland: cardiologie
Portugal: cardiologia
United Kingdom: cardio-vascular disease,
- gastro-enterology:
Belgium: gastro-entérologie/gastro-enterologie
Denmark: medicinsk gastroenterologi eller medicinske mave-tarmsygdomme
Greece: gastrenterologia
Spain: aparato digestivo
France: gastro-entérologie et hépatologie
Ireland: gastro-enterology
Italy: malattie dell'apparato digerente, della nutrizione e del ricambio
Luxembourg: gastro-entérologie
Netherlands: gastro-enterologie
Portugal: gastrenterologia
United Kingdom: gastro-enterology,
- rheumatology:
Belgium: rhumatologie/reumatologie
Denmark: reumatologi
Greece: revmatologia
Spain: reumatología
France: rhumatologie
Ireland: rheumatology
Italy: reumatologia
Luxembourg: rhumatologie
Netherlands: reumatologie
Portugal: reumatologia
United Kingdom: rheumatology,
- general haematology:
Greece: aimatologia
Spain: hematología hemoterapia
Ireland: haematology
Italy: ematologia
Luxembourg: hématologie
Portugal: imuno-hemoterapia
United Kingdom: haematology,
- endocrinology:
Greece: endokrinologia
Spain: endocrinología y nutrición
France: endocrinologie - maladies
Ireland: endocrinology and diabetes mellitus
Italy: endocrinologia
Luxembourg: endocrinologie, maladies du métabolisme et de la nutrition
Portugal: endocrinologia-nutricao
United Kingdom: endocrinology and diabetes mellitus,
- physiotherapy:
Belgium: médecine physique/fysische geneeskunde
Denmark: fysiurgi og rehabilitering
Greece: fysiki iatriki kai apokatastasi
Spain: rehabilitación
France: rééducation et réadaptation fonctionnelles
Italy: fisioterapia
Netherlands: revalidatie
Luxembourg: rééducation et réadaptation fonctionnelles
Portugal: fisiatria,
- stomatology:
Spain: estomatología
France: stomatologie
Italy: odontostomatologia
Luxembourg: stomatologie
Portugal: estomatologia,
- neuro-psychiatry:
Belgium: neuropsychiatrie/neuropsychiatrie
Germany: Nervenheilkunde (Neurologie und Psychiatrie)
Greece: nevrologia - psychiatriki
France: neuropsychiatrie
Italy: neuropsichiatria
Luxembourg: neuropsychiatrie
Netherlands: zenuw - en zielsziekten,
- dermato-venereology:
Belgium: dermato-vénéréologie/dermato-venereologie
Denmark: dermato-venerologie eller hud- og kooenssygdomme
Germany: Dermatologie und Venerologie
Greece: dermatologia-afrodisiologia
Spain: dermatología médico-quirúrgica y venereología
France: dermatologie et vénéréologie
Italy: dermatologia e venerologia
Luxembourg: dermato-vénéréologie
Netherlands: dermatologie en venerologie
Portugal: dermatovenereologia,
- dermatology:
Ireland: dermatology
United Kingdom: dermatology,
- venereology:
Ireland: venereology
United Kingdom: venereology,
- radiology:
Germany: Radiologie
Greece: aktinologia - radiologia
Spain: electrorradiología
France: électro-radiologie
Italy: radiologia
Luxembourg: électroradiologie
Netherlands: radiologie
Portugal: radiologia,
- diagnostic radiology:
Belgium: radiodiagnostic/roentgendiagnose
Denmark: diagnostisk radiologi eller - roentgenundersoegelse
Germany: Radiologische Diagnostik
Greece: aktinodiagnostiki
Spain: radiodiagnóstico
France: radiodiagnostic et imagerie médicale
Ireland: diagnostic radiology
Luxembourg: radiodiagnostic
Netherlands: radiodiagnostiek
Portugal: radiodiagnóstico
United Kingdom: diagnostic radiology,
- radiotherapy:
Belgium: radio- et radiumthérapie/radio- en radiumtherapie
Denmark: terapeutisk radiologi eller stralebehandling
Germany: Strahlentherapie
Greece: aktinotherapeftiki
Spain: oncología radioterápica
France: oncologie, option radiothérapie
Ireland: radiotherapy
Luxembourg: radiothérapie
Netherlands: radiotherapie
Portugal: radioterapia
United Kingdom: radiotherapy,
- tropical medicine:
Denmark: tropemedicin
Ireland: tropical medicine
Italy: medicina tropicale
Portugal: medicina tropical
United Kingdom: tropical medicine,
- child psychiatry:
Denmark: boernepsykiatri
Germany: Kinder- und Jugendpsychiatrie
Greece: paidopsychiatriki
France: pédo-psychiatrie
Ireland: child and adolescent psychiatry
Italy: neuropsichiatria infantile
Luxembourg: psychiatrie infantile
Portugal: pedopsiquiatria
United Kingdom: child and adolescent psychiatry,
- geriatrics:
Spain: geriatría
Ireland: geriatrics
Netherlands: klinische geriatrie
United Kingdom: geriatrics,
- renal diseases:
Denmark: nefrologi eller medicinske nyresygdomme
Greece: nefrologia
Spain: nefrología
France: néphrologie
Ireland: nephrology
Italy: nefrologia
Luxembourg: néphrologie
Portugal: nefrologia
United Kingdom: renal disease,
- communicable diseases:
Ireland: communicable diseases
Italy: malattie infettive
United Kingdom: communicable diseases,
- community medicine
France: santé publique et médecine sociale
Ireland: community medicine
United Kingdom: community medicine,
- pharmacology:
Germany: Pharmakologie
Spain: farmacología clínica
Ireland: clinical pharmacology and therapeutics
United Kingdom: clinical pharmacology and therapeutics,
- occupational medicine:
Denmark: samfundsmedicin/arbejdsmedicin
Germany: Arbeitsmedizin
Greece: iatriki tis ergasias
France: médecine du travail
Italy: medicina del lavoro
Ireland: occupational medicine
Netherlands: arbeids- en bedrijfsgeneeskunde
Portugal: medicina do trabalho
United Kingdom: occupational medicine,
- allergology:
Greece: allergiologia
Spain: alergologia
Italy: allergologia ed immunoligia clinica
Netherlands: allergologie
Portugal: imunoalergologia,
- gastro-enterological surgery:
Belgium: chirurgie abdominale/heelkunde op het abdomen
Denmark: kirurgisk gastroenterologi eller kirurgiske mave-tarmsygdomme
Spain: cirugía del aparato digestivo
France: chirurgie viscérale
Italy: chirurgia dell'apparato digerente,
- nuclear medicine:
Belgium: médecine nucléaire/nucleaire geneeskunde
Germany: Nuklearmedizin
Greece: pyriniki iatriki
Spain: medicina nuclear
France: médecine nucléaire
Italy: medicina nucleare
Netherlands: nucleaire geneeskunde
Portugal: medicina nuclear
United Kingdom: nuclear medicine,
- maxillo-facial surgery (basic medical training):
Spain: cirugía oral y maxilofacial
France: chirurgie maxillo-faciale et stomatologie
Italy: chirurgia maxillo-facciale,
- dental, oral and maxillo-facial surgery
(basic medical and dental training):
Belgium: stomatologie/chirurgie orale et maxillo-faciale;
stomatologie/orale en maxillo-faciale chirurgie
Germany: Zahn-, Mund-, Kiefer- und Gesichtschirurgie
Ireland: oral and maxillo-facial surgery
United Kingdom: oral and maxillo-facial surgery.
Article 8
1. Nationals of Member States wishing to acquire one of the diplomas, certificates or other evidence of formal qualifications of specialist doctors not referred to in Articles 4 and 6, or which, although referred to in Article 6, are not awarded in the Member State of origin or the Member State from which the foreign national comes, may be required by a host Member State to fulfil the conditions of training laid down in respect of the speciality by its own law, regulation or administrative action.
2. The host Member State shall, however, take into account, in whole or in part, the training periods completed by the nationals referred to in paragraph 1 and attested by the award of a diploma, certificate or other evidence of formal training by the competent authorities of the Member State of origin or the Member State from which the foreign national comes provided such training periods correspond to those required in the host Member State for the specialized training in question.
3. The competent authorities or bodies of the host Member State, having verified the content and duration of the specialist training of the person concerned on the basis of the diplomas, certificates and other evidence of formal qualifications submitted, shall inform him of the period of additional training required and of the fields to be covered by it.
CHAPTER IV
EXISTING CIRCUMSTANCES
Article 9
1. Without prejudice to paragraph 3, in the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in medicine do not satisfy all the minimum training requirements laid down in Article 23, each Member State shall recognize, as being sufficient proof, the diplomas, certificates and other evidence of formal qualifications in medicine awarded by those Member States when they attest to training which commenced before:
- 1 January 1986 for Spain and Portugal,
- 1 January 1981 for Greece,
- 20 December 1976 for the other Member States,
accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least three consecutive years during the five years prior to the date of issue of the certificate.
2. Without prejudice to paragraph 4, in the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in specialized medicine do not satisfy the minimum training requirements pursuant to Articles 24 to 27, each Member State shall recognize, as sufficient proof, the diplomas, certificates and other evidence of formal qualifications in specialized medicine awarded by those Member States when they attest to training which commenced before:
- 1 January 1986 for Spain and Portugal,
- 1 January 1981 for Greece,
- 20 December 1976 for the other Member States.
The host Member State may require that the diplomas, certificates and other evidence of formal qualifications in specialized medicine be accompanied by a certificate issued by the competent authorities or bodies of the Member State of origin or in the Member State from which they come, stating that the holders have, in specialized medicine, been engaged in activities in question for a period equivalent to twice the difference between the period of specialized training of the Member State of origin or of the Member State from which they come, and the minimum requirements regarding the duration of training laid down in Title III, where these periods are not equal to the minimum training periods laid down in Articles 26 and 27.
However, if, before the dates given in the first subparagraph, the host Member State required a minimum training period less than the one at issue referred to in Articles 26 and 27, the difference mentioned in the second subparagraph can only be determined by reference to the minimum training period laid down by that State.
3. In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in medicine attest to training received on the territory of the former German Democratic Republic which does not satisfy all the minimum training requirements laid down in Article 23, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:
- they attest to training commenced before German unification,
- they entitle the holder to pursue the activities of a doctor throughout the teritory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in points 1 and 2 of Article 3 (c),
- they are accompanied by a certificate issued by the competent German authorities stating that those nationals have effectively and lawfully been engaged in the activities in question in Germany for at least three consecutive years during the five years prior to the date of issue of the certificate.
4. In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in specialized medicine attest to training received on the territory of the former German Democratic Republic which does not satisfy the minimum training requirements laid down in Articles 24 to 27, Member States other than Germany shall recognize those diplomas, certificates and other evidence of formal qualifications as being sufficient proof if:
- they attest to training commenced before 3 April 1992, and
- they permit the pursuit, as a specialist, of the activity in question throughout the territory of Germany under the same conditions as the qualifications awarded by the competent German authorities and referred to in Articles 5 and 7.
They may, however, require that these diplomas, certificates or other evidence of formal qualifications be accompanied by a certificate issued by the competent German authorities or bodies stating that the holders have, as specialists, been engaged in the acitivity in question for a period equivalent to twice the difference between the period of specialized training received on German territory and the minimum duration of training laid down in Title III where they do not satisfy the minimum requirements regarding the duration of training laid down in Articles 26 and 27.
5. In the case of nationals of the Member States whose diplomas, certificates and other evidence of formal qualifications in medicine or in specialized medicine do not conform with the qualifications or designations set out in Article 3, 5 or 7, each Member State shall recognize as being sufficient proof the diplomas, certificates and other evidence of formal qualifications awarded by those Member States, accompanied by a certificate issued by the competent authorities or bodies. The certificate shall state that these diplomas, certificates and other evidence of formal qualifications in medicine or in specialized medicine were awarded following training in accordance with the provisons of Title III referred to, as appropriate, in Article 2, 4 or 6, and are treated by the Member State which awarded them as the qualifications or designations set out, as appropriate, in Article 3, 5 or 7.
6. Those Member States which have repealed the provisions laid down by law, regulation or administrative action relating to the award of diplomas, certificates and other evidence of formal qualifications in neuro-psychiatry, radiology, thoracic surgery, vascular surgery, gastro-enterological surgery, biological haematology, physiotherapy or tropical medicine and have taken measures relating to acquired rights on behalf of their own nationals, shall recognize the right of nationals of the Member States to benefit from those same measures, provided their diplomas, certificates and other evidence of formal qualifications in neuro-psychiatry, radiology, thoracic surgery, vascular surgery, gastro-enterological surgery, biological haematology, physiotherapy or tropical medicine fulfil the relevant conditions set out either in paragraph 2 of this Article or in Articles 24, 25 and 27 and in so far as the said diplomas, certificates and other evidence of formal qualifications were awarded before the date on which the host Member States stopped awarding such diplomas, certificates and other evidence of formal qualification in the specialization concerned.
7. The dates on which the Member States concerned repealed the provisions laid down by law, regulation or administrative action in respect of the diplomas, certificates and other evidence of formal qualifications referred to in paragraph 6 are set out in Annex II.
CHAPTER V
USE OF ACADEMIC
TITLE
Article 10
1. Without prejudice to Article 19, host Member States shall ensure that the nationals of Member States who fulfil the conditions laid down in Articles 2, 4, 6 and 9 have the right to use the lawful academic title or, where appropriate, the abbreviation thereof, of their Member State of origin or of the Member State from which they come, in the languages of that State. Host Member States may require this title to be followed by the name and location of the establishment or examining board which awarded it.
2. If the academic title used in the Member State of origin, or in the Member State from which a foreign national comes, can be confused in the host Member State with a title requiring in that State additional training which the person concerned has not undergone, the host Member State may require such a person to use the title employed in the Member State of origin or the Member State from which he comes in a suitable form to be drawn up by the host Member State.
CHAPTER VI
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF DOCTORS
A. Provisions specifically relating to the right of establishment
Article 11
1. A host Member State which requires of its nationals proof of good character or good repute when they take up for the first time any activity of a doctor shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent authority in the Member State of origin or in the Member State from which the foreign national comes, attesting that the requirements of the Member State as to good character or good repute for taking up the activity in question have been met.
2. Where the Member State of origin or the Member State from which the foreign national comes does not require proof of good character or good repute of persons wishing to take up the activity in question for the first time, the host Member State may require of nationals of the Member State of origin or of the Member State from which the foreign national comes an extract from the judicial record or, failing this, an equivalent document issued by a competent authority in the Member State of origin or the Member State from which the foreign national comes.
3. If the host Member State has detailed knowledge of a serious matter which has occurred, prior to the establishment of the person concerned in that State, outside its territory and which is likely to affect the taking up within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. Its authorities shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information which is forwarded.
Article 12
1. Where, in a host Member State, provisions laid down by law, regulation or administrative action are in force laying down requirements as to good character or good repute including provisions for disciplinary action in respect of serious professional misconduct or conviction of criminal offences and relating to the pursuit of any of the activities of a doctor, the Member State of origin or the Member State from which the foreign national comes shall forward to the host Member State all necessary information regarding measures or disciplinary action of a professional or administrative nature taken in respect of the person concerned or criminal penalties imposed on him when pursuing his profession in the Member State of origin or in the Member State from which he came.
2. If the host Member State has detailed knowledge of a serious matter which has occurred, prior to the establishment of the person concerned in that State, outside its territory and which is likely to affect the pursuit within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts. Its authorities shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the information which they have forwarded in accordance with paragraph 1.
3. Member States shall ensure the confidentiality of the information which is forwarded.
Article 13
Where a host Member State requires of its own nationals wishing to take up or pursue any activity of a doctor, a certificate of physical or mental health, that State shall accept as sufficient evidence thereof the presentation of the document required in the Member State of origin or the Member State from which the foreign national comes.
Where the Member State of origin or the Member State from which the foreign national comes does not impose any requirements of this nature on those wishing to take up or pursue the activity in question, the host Member State shall accept from such national a certificate issued by a competent authority in that State corresponding to the certificates issued in the host Member State.
Article 14
Documents issued in accordance with Articles 11, 12 and 13 may not be presented more than three months after their date of issue.
Article 15
1. The procedure for authorizing the person concerned to take up any activity of a doctor, pursuant to Articles 11, 12 and 13, must be completed as soon as possible and not later than three months after presentation of all the documents relating to such person, without prejudice to delay resulting from any appeal that may be made upon the termination of this procedure.
2. In the cases referred to in Articles 11 (3) and 12 (2), a request for re-examination shall suspend the period laid down in paragraph 1.
The Member State consulted shall give its reply within a period of three months.
On receipt of the reply or at the end of the period the host Member State shall continue with the procedure referred to in paragraph 1.
Article 16
Where a host Member State requires its own nationals wishing to take up or pursue one of the activities of a doctor to take an oath or make a solemn declaration and where the form of such an oath or declaration cannot be used by nationals of other Member States, that Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned.
B. Special provisions relating to the provision of services
Article 17
1. Where a Member State requires of its own nationals wishing to take up or pursue any activity of a doctor, an authorization or membership of, or registration with, a professional organization or body, that Member State shall in the case of the provision of services exempt the nationals of Member States from that requirement.
The person concerned shall provide services with the same rights and obligations as the nationals of the host Member State; in particular he shall be subject to the rules of conduct of a professional or administrative nature which apply in that Member State.
For this purpose and in addition to the declaration provided for in paragraph 2 relating to the services to be provided, Member States may, so as to permit the implementation of the provisions relating to professional conduct in force in their territory, require either automatic temporary registration or pro forma membership of a professional organization or body or, as an alternative, registration, provided that such registration or membership does not delay or in any way complicate the provision of services or impose any additional costs on the person providing the services.
Where a host Member State adopts a measure pursuant to the second subparagraph or becomes aware of facts which run counter to these provisions, it shall forthwith inform the Member State where the person concerned is established.
2. The host Member State may require the person concerned to make a prior declaration to the competent authorities concerning the provison of his services where they involve a temporary stay in its territory.
In urgent cases this declaration may be made as soon as possible after the services have been provided.
3. Pursuant to paragraphs 1 and 2, the host Member State may require the person concerned to supply one or more documents containing the following particulars:
- the declaration referred to in paragraph 2,
- a certificate stating that the person concerned is lawfully pursuing the activities in question in the Member State where he is established,
- a certificate that the person concerned holds one or other of the diplomas, certificates or other evidence of formal qualification appropriate for the provison of the services in question and referred to in this Directive.
4. The document or documents specified in paragraph 3 may not be produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in whole or in part, the right of one of its nationals or of a national of another Member State established in its territory to pursue one of the activities of a doctor, it shall, as appropriate, ensure the temporary or permanent withdrawal of the certificate referred to in the second indent of paragraph 3.
Article 18
Where registration with a public social security body is required in a host Member State for the settlement with insurance bodies of accounts relating to services rendered to persons insured under social security schemes, that Member State shall exempt nationals of Member States established in another Member State from this requirement, in cases of provision of services entailing travel on the part of the person concerned.
However, the persons concerned shall supply information to this body in advance, or, in urgent cases, subsequently, concerning the services provided.
C. Provisions common to the right of establishment and freedom to provide services
Article 19
Where in a host Member State the use of the professional title relating to one of the activities of a doctor is subject to rules, nationals of other Member States who fulfil the conditions laid down in Articles 2 and 9 (1), (3) and (5) shall use the professional title of the host Member State which, in that State, corresponds to those conditions of qualification and shall use the abbreviated title.
The first paragraph shall also apply to the use of professional titles of specialist doctors by those who fulfil the conditions laid down in Articles 4, 6 and 9 (2), (4), (5) and (6).
Article 20
1. Member States shall take the necessary measures to enable the persons concerned to obtain information on the health and social security laws and, where applicable, on the professional ethics of the host Member State.
For this purpose Member States may set up information centres from which such persons may obtain the necessary information. In the case of establishment, the host Member States may require the beneficiaries to contact these centres.
2. Member States may set up the centres referred to in paragraph 1 within the competent authorities and bodies which they must designate.
3. Member States shall see to it that, where appropriate, the persons concerned acquire, in their interest and in that of their patients, the linguistic knowledge necessary to the exercise of their profession in the host country.
Article 21
Member States which require their own nationals to complete a preparatory training period in order to become eligible for appointment as a doctor of a social security scheme may impose the same requirement on nationals of the other Member States for a period of five years beginning 20 June 1975. The training period may not, however, exceed six months.
Article 22
In the event of justified doubts, the host Member State may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that other Member State and referred to in Chapters I to IV of Title II and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Title III.
TITLE III COORDINATION OF PROVISIONS LAID DOWN BY LAW, REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF ACTIVITIES OF DOCTORS
Article 23
1. The Member States shall require persons wishing to take up and pursue a medical profession to hold a diploma, certificate or other evidence of formal qualifications in medicine referred to in Article 3 which guarantees that during his complete training period the person concerned has acquired:
(a) adequate knowledge of the sciences on which medicine is based and a good understanding of the scientific methods including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data;
(b) sufficient understanding of the structure, functions and behaviour of healthy and sick persons, as well as relations between the state of health and physical and social surroundings of the human being;
(c) adequate knowledge of clinical disciplines and practices, providing him with a coherent picture of mental and physical diseases, of medicine from the points of view of prophylaxis, diagnosis and therapy and of human reproduction;
(d) suitable clinical experience in hospitals under appropriate supervision.
2. A complete period of medical training of this kind shall comprise at least a six-year course or 5 500 hours of theoretical and practical instruction given in a university or under the supervision of a university.
3. In order to be accepted for this training, the candidate must have a diploma or a certificate which entitles him to be admitted to the universities of a Member State for the course of study concerned.
4. In the case of persons who started their training before 1 January 1972, the training referred to in paragraph 2 may include six months' full-time practical training at university level under the supervision of the competent authorities.
5. Nothing in this Directive shall prejudice any facility which may be granted in accordance with their own rules by Member States in respect of their own territory to authorize holders of diplomas, certificates or other evidence of formal qualifications which have not been obtained in a Member State to take up and pursue the activities of a doctor.
Article 24
1. Member States shall ensure that the training leading to a diploma, certificate or other evidence of formal qualifications in specialized medicine, meets the following requirements at least:
(a) it shall entail the successful completion of six years' study within the framework of the training course referred to in Article 23; the training leading to the award of the diploma, certificate or other evidence of specialization in dental, oral and maxillo-facial surgery (basis medical and dental training) also entails the successful completion of the training course as a dental practitioner referred to in Article 1 of Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners(6) ;
(b) it shall comprise theoretical and practical instruction;
(c) it shall be a full-time course supervised by the competent authorities or bodies pursuant to point 1 of Annex I;
(d) it shall be in a university centre, in a teaching hospital or, where appropriate, in a health establishment approved for this purpose by the competent authorities or bodies;
(e) it shall involve the personal participation of the doctor training to be a specialist in the activity and in the responsibilities of the establishments concerned.
2. Member States shall make the award of a diploma, certificate or other evidence of formal qualifications in specialized medicine subject to the possession of one of the diplomas, certificates or other evidence of formal qualifications in medicine referred to in Article 23. Issue of the diploma, certificate or other evidence of specialization in dental, oral and maxillo-facial surgery (basic medical and dental training) is also subject to possession of one of the diplomas, certificates or other evidence of qualifications as a dental practitioner referred to in Article 1 of Directive 78/687/EEC.
Article 25
1. Without prejudice to the principle of full-time training as set out in Article 24 (1) (c), and until such time as the Council takes decisions in accordance with paragraph 3, Member States may permit part-time specialist training, under conditions approved by the competent national authorities, when training on a full-time basis would not be practicable for well-founded individual reasons.
2. Part-time training shall be given in accordance with point 2 of Annex I hereto and at a standard qualitatively equivalent to full-time training. This standard of training shall not be impaired, either by its part-time nature or by the practice of private, remunerated professional activity.
The total duration of specialized training may not be curtailed in those cases where it is organized on a part-time basis.
3. The Council shall decide, not later than 25 January 1989, whether the provisions of paragraphs 1 and 2 are to be maintained or amended, in the light of a re-examination of the situation and on a proposal by the Commission, with due regard to the fact that the possibility of part-time training should continue to exist in certain circumstances to be examined specialty by specialty.
Part-time specialist training begun before 1 January 1983 may be completed in accordance with the provisions in effect before this date.
Article 26
Member States shall ensure that the minimum length of the specialized training courses mentioned below may not be less than the following:
First group (five years):
- general surgery
- neuro-surgery
- internal medicine
- urology
- orthopaedics;
Second group (four years):
- gynaecology and obstetrics
- paediatrics
- pneumo-phthisiology
- pathological anatomy
- neurology
- psychiatry
Third group (three years):
- anaesthesiology and reanimation
- opthhalmology
- otorhinoloaryngology.
Article 27
Member States which have laid down provisions by law, regulation and administrative action in this field shall ensure that the minimum length of the specialized training courses mentioned below may not be less than the following:
First group (five years):
- plastic surgery
- horacic surgery
- vascular surgery
- neuro-psychiatry
- paediatric surgery
- gastroenterological surgery
- maxillo-facial surgery (basic medical training)
Second group (four years):
- cardiology
- gastroenterology
- rheumatology
- clinical biology
- radiology
- diagnostic radiology
- radiotherapy
- tropical medicine
- pharmacology
- child psychiatry
- microbiology-bacteriology
- occupational medicine
- biological chemistry
- immunology
- dermatology
- venereology
- geriatrics
- renal diseases
- contagious diseases
- community medicine
- biological haematology
- nuclear medicine
- dental, oral and maxillo-facial surgery (basic medical and dental training);
Third group (three years):
- general haematology
- endocrinology
- physiotherapy
- stomatology
- dermato-venereology
- allergology.
Article 28
As a transitional measure and notwithstanding Articles 24 (1) (c) and 25, Member States whose provisions, laid down by law, regulation, or administrative action, provided for part-time specialist training on 20 June 1975, may continue to apply these provisions to candidates who have begun training as specialists not later than 31 December 1983.
Each host Member State shall be authorized to require the beneficiaries of the first paragraph to produce, in addition to their diplomas, certificates and other evidence of formal qualifications, an attestation certifying that for at least three consecutive years out of the five years preceding the issue of the attestation they have in fact been lawfully practising as specialists in the field concerned.
Article 29
As a transitional measure and notwithstanding Article 24 (2):
(a) as regards Luxembourg, and in respect only of the Luxembourg diplomas covered by the law of 1939 of Luxembourg on the conferring of academic and university degrees, the issue of a certificate as a specialist shall be conditional simply upon the possession of the diploma of doctor of medicine, surgery and obstetrics awarded by the Luxembourg State Examining Board;
(b) as regards Denmark, and in respect only of the Danish diplomas of medical practitioners required by law awarded by a Danish university faculty of medicine in accordance with the decree of the Ministry of the Interior of 14 May 1970, the issue of a certificate as specialist shall be conditional simply upon the possession of the abovementioned diplomas.
The diplomas referred to under (a) and (b) may be awarded to candidates who began their training before 20 December 1976.
TITLE IV SPECIFIC TRAINING IN GENERAL MEDICAL PRACTICE
Article 30
Each Member State which dispenses the complete training referred to in Article 23 within its territory shall institute specific training in general medical practice meeting requirements at least as stringent as those laid down in Articles 31 and 32, in such a manner that the first diplomas, certificates or other evidence of formal qualifications awarded on completion of the course are issued not later than 1 January 1990.
Article 31
1. The specific training in general medical practice referred to in Article 30 must meet the following minimum requirements:
(a) entry shall be conditional upon the successful completion of at least six years' study within the framework of the training course referred to in Article 23;
(b) it shall be a full-time course lasting at least two years, and shall be supervised by the competent authorities or bodies;
(c) it shall be practically rather than theoretically based; the practical instruction shall be given, on the one hand, for at last six months in an approved hospital or clinic with suitable equipment and services and, on the other hand, for at least six months in an approved general medical practice or in an approved centre where doctors provide primary care; it shall be carried out in contact with other health establishments or structures concerned with general medical practice; however, without prejudice to the aforesaid minimum periods, the practical instruction may be given for a maximum period of six months in other approved health establishments or structures concerned with general medical practice;
(d) it shall entail the personal participation of the trainee in the professional activities and responsibilities of the persons with whom he works.
2. Member States shall be entitled to defer application of the provisions of paragraph 1 (c) relating to minimum periods of instruction until 1 January 1995 at the latest.
3. Member States shall make the issue of diplomas, certificates, or other evidence of formal qualifications awarded after specific training in general medical practice, conditional upon the candidate's holding one of the diplomas, certificates or other evidence of formal qualifications referred to in Article 3.
Article 32
If, at 22 September 1986, a Member State was providing training in general medical practice by means of experience in general medical practice acquired by the medical practitioner in his own surgery under the supervision of an authorized training supervisor, that Member State may retain this type of training on an experimental basis on condition that:
- it complies with Article 31 (1) (a) and (b), and (3);
- its duration is equal to twice the difference between the period laid down in Article 31 (1) (b) and the sum of the periods laid down in the third indent hereof,
- it involves a period in an approved hospital or clinic with suitable equipment and services and a period in an approved general medical practice or in an approved centre where doctors provide primary care; as from 1 January 1995, each of these periods shall be of at least six months' duration.
Article 33
On the basis of experience acquired, and in the light of developments in training in general medical practice, the Commission shall submit to the Council, by 1 January 1996 at the latest, a report on the implementation of Articles 31 and 32 and suitable proposals in order to achieve further harmonization of the training of general medical practitioners.
The Council shall act on these proposals in accordance with procedures laid down by the Treaty before 1 January 1997.
Article 34
1. Without prejudice to the principle of full-time training laid down in Article 31 (1) (b), Member States may authorize specific part-time training in general medical practice in addition to full-time training where the following particular conditions are met:
- the total duration of training may not be shortened because it is being followed on a part-time basis,
- the weekly duration of part-time training may not be less than 60 % of weekly full-time training,
- part-time training must include a certain number of full-time training periods, both for the training conducted at a hospital or clinic and for the training given in an approved medical practice or in an approved centre where doctors provide primary care. These full-time training periods shall be of sufficient number and duration as to provide adequate preparation for the effective exercise of general medical practice.
2. Part-time training must be of a level of quality equivalent to that of full-time training. It shall lead to a diploma, certificate or other evidence of formal qualification, as referred to in Article 30.
Article 35
1. Irrespective of any acquired rights they recognize, Member States may issue the diploma, certificate or other evidence of formal qualification referred to in Article 30 to a medical practitioner who has not completed the training referred to in Articles 31 and 32 but who holds a diploma, certificate or other evidence of formal qualification issued by the competent authorities of a Member State, attesting to completion of another additional training course; however, the Member States may issue such diploma, certificate or other evidence of formal qualification only if it attests to a level of skill equivalent to that reached on completion of the training referred to in Articles 31 and 32.
2. In adopting their rules in accordance with paragraph 1, Member States shall specify the extent to which the additional training already completed by the candidate and his professional experience may be taken into account in place of the training referred to in Articles 31 and 32.
Member States may issue the diploma, certificate or other evidence of formal qualification referred to in Article 30 only if the candidate has acquired at least six months' experience in general medical practice in a general medical practice or a centre where doctors provide primary care, as referred to in Article 31 (1) (c).
Article 36
1. From 1 January 1995, and subject to the acquired rights it has recognized, each Member State shall make the exercise of general medical practice under its national social security scheme conditional on possession of a diploma, certificate or other evidence of formal qualification as referred to in Article 30.
However, Member States may exempt from this condition persons who are undergoing specific training in general medical practice.
2. Each Member State shall specify the acquired rights that it recognizes. However, it shall recognize the right to exercise the activities of general medical practitioner under its national social security scheme without the diploma, certificate or other evidence of formal qualification referred to in Article 30 as having been acquired by all those doctors who on 31 December 1994 possess such a right pursuant to Articles 1 to 20 and who are established on its territory on that date by virtue of
Article 2
or 9 (1)
3. Each Member State may apply paragraph 1 before 1 January 1995, subject to the condition that any doctor who has completed the training referred to in Article 23 in another Member State shall be able to establish himself in practice on its territory until 31 December 1994 and to practise under its national social security scheme by virtue of Article 2 or 9 (1).
4. The competent authorities of each Member State shall issue on request a certificate granting doctors possessing acquired rights by virtue of paragraph 2 the right to practise as general medical practitioners under its national social security scheme without the diploma, certificate or other evidence of formal qualifications referred to in Article 30.
5. Nothing in paragraph 1 shall prejudice the possibility, which is open to Member States, of granting, in accordance with their own rules and in respect of their own territory, the right to practise as general practitioners under a social security scheme to persons who do not possess diplomas, certificates or other formal evidence of medical training and of specific training in general medical practice obtained in both cases in a Member State, but who possess diplomas, certificates or other evidence of either or both of these types of training obtained in a non-member country.
Article 37
1. Each Member State shall recognize under its national social security scheme, for the purposes of the exercise of the activities of general medical practitioner, the diplomas, certificates, or other evidence of formal qualifications referred to in Article 30, issued to nationals of Member States by other Member States in accordance with Articles 31, 32, 34 and 35.
2. Each Member State shall recognize the certificates referred to in Article 36 (4) issued to nationals of Member States by other Member States, and shall consider them as equivalent within its territory to the diplomas, certificates or other evidence of formal qualifications which it issues itself, and which permit the exercise of the activities of general medical practitioner under its national social security scheme.
Article 38
Nationals of Member States to whom a Member State has issued the diplomas, certificates or other evidence of formal qualifications referred to in Article 30 or 36 (4) shall have the right to use in the host Member State the professional title existing in that State and the abbreviation thereof.
Article 39
1. Without prejudice to Article 38, host Member States shall ensure that the nationals of Member States covered by Article 37 have the right to use the lawful academic title, or, where appropriate, the abbreviation thereof, of their Member State of origin or of the Member State from which they come, in the language of that Member State. Host Member States may require this title to be followed by the name and location of the establishment or examining board which awarded it.
2. If the academic title of the Member State of origin, or of the Member State from which a national comes, can be confused in the host Member State with a title requiring, in that State, additional training which the person concerned has not undergone, the host Member State concerned may require such person to use the title of the Member State of origin or of the Member State from which he comes in a suitable form to be indicated by the host Member State.
Article 40
On the basis of experience acquired, and in the light of developments in training in general medical practice, the Commission shall submit to the Council by 1 January 1997 at the latest a report on the implementation of this Title and, if necessary, suitable proposals with a view to appropriate training for every general medical practitioner in order to satisfy requirements of general medical practice. The Council shall act on those proposals in accordance with the procedures laid down in the Treaty.
Article 41
As soon as a Member State has notified the Commission of the date of entry into force of the measures it has taken in conformity with Article 30, the Commission shall publish an appropriate notice in the Official Journal of the European Communities, indicating the designations adopted by that Member State for the diploma, certificate or other evidence of formal qualifications and, where appropriate, the professional title in question.
TITLE V FINAL PROVISIONS
Article 42
Member States shall designate the authorities and bodies competent to issue or receive the diplomas, certificates and other evidence of formal qualifications as well as the documents and information referred to in this Directive and shall forthwith inform the other Member States and the Commission thereof.
Article 43
Where a Member State encounters major difficulties in certain fields, when applying this Directive, the Commission shall examine these difficulties in conjunction with that State and shall request the opinion of the Committee of Senior Officials on Public Health set up by Decision No 75/365/EEC(7) .
When necessary, the Commission shall submit appropriate proposals to the Council.
Article 44
The Directive listed in Annex III, Part A, are hereby repealed, without prejudice to the obligations of the Member States concerning the deadlines for transposition set out in Annex III, Part B.
References to the said Directives shall be construed as references to this Directive and should be read in accordance with the correlation table in Annex IV.
Article 45
This Directive is addressed to the Member States.
Done at Luxembourg, 5 April 1993. | [
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COMMISSION REGULATION (EC) No 1152/2009
of 27 November 2009
imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 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)
Commission Decision 2006/504/EC of 12 July 2006 on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins (2), has been amended substantially several times. It is necessary to amend again certain provisions substantially to take into account particularly developments as regards aflatoxin contamination of certain products covered by that Decision. At the same time, the provisions should have a direct application and be binding in their entirety, therefore Decision 2006/504/EC should be replaced by this Regulation.
(2)
Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (3) lays down permitted maximum levels of aflatoxins in foodstuffs for the protection of public health. It can be observed that these maximum levels of aflatoxins are frequently exceeded in certain foodstuffs from certain countries. Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt special conditions at the Community level.
(3)
For the protection of public health it is important that compound foodstuffs containing to a significant amount the foodstuffs covered by this Regulation are also within the scope of this Regulation. To facilitate the enforcement of controls of processed and compound foodstuffs whilst maintaining a high level of effectiveness of controls, it is appropriate to increase the threshold for control of compound products. For the same reason, the limit of 5 kg for consignments falling out of scope should be increased to 20 kg. Competent authorities may control at random for the presence of aflatoxins the compound foodstuffs containing less than 20 % of foodstuffs covered by this Regulation. When monitoring data indicate that compound foodstuffs containing less than 20 % of foodstuffs covered by this Regulation have been found in several cases to be non-compliant with the Community legislation on maximum levels for aflatoxins, these thresholds should be reviewed.
(4)
The Combined Nomenclature (CN) code has changed for certain food categories covered by this Regulation. It is appropriate to change the CN codes in this Regulation accordingly.
(5)
Experience has shown that the additional conditions for non-compliant shipments of unshelled Brazil nuts imported from Brazil are no longer necessary, since such shipments can be handled in accordance with the general provisions for non-compliant shipments and those additional conditions should therefore be repealed. As regards the imports of foodstuffs from the United States of America, since the transitional provisions for non-USDA approved laboratories for aflatoxin analysis are no longer needed, those transitional provisions should be repealed.
(6)
Commission Regulation (EC) 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (4) provides for the use of a Common Entry Document for prior notification of arrival of consignments and information on the official checks performed. It is appropriate to provide for the use of that document and to lay down specific guidance notes for the completion thereof in application of this Regulation.
(7)
In the light of the number and nature of notifications in the Rapid Alert System for Food and Feed, trade volumes, the outcome of inspections of the Food and Veterinary Office and the outcome of controls, the existing control frequencies should be reviewed.
(8)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Scope
1. This Regulation shall apply to the import of the following foodstuffs and of the foodstuffs processed and compound thereof:
(a)
The following foodstuffs originating in or consigned 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 originating in or consigned from China:
(i)
groundnuts falling within CN code 1202 10 90 or 1202 20 00;
(ii)
groundnuts falling within CN code 2008 11 91 (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 groundnuts falling within CN codes 2008 11 91 (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 originating in or consigned from Egypt:
(i)
groundnuts falling within CN code 1202 10 90 or 1202 20 00;
(ii)
groundnuts falling within CN code 2008 11 91 (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 groundnuts falling within CN codes 2008 11 91 (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 originating in or consigned 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 originating in or consigned from Turkey:
(i)
dried figs falling within CN code 0804 20 90;
(ii)
hazelnuts (Corylus spp.) 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, pistachio paste and hazelnut paste falling within CN codes 1106 30 90, 2007 10 or 2007 99;
(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 falling within CN 0802 22 00 and 2008 19;
(f)
The following foodstuffs originating in or consigned from the United States of America, which are covered by the Voluntary Aflatoxin Sampling Plan set up by the Almond Board of California in May 2006 (the Voluntary Aflatoxin Sampling Plan):
(i)
almonds in shell or shelled falling within CN code 0802 11 or 0802 12;
(ii)
roasted almonds 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);
(iii)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds;
(g)
The following foodstuffs imported from the United States of America, which are not covered by the Voluntary Aflatoxin Sampling Plan:
(i)
almonds in shell or shelled falling within CN code 0802 11 or 0802 12;
(ii)
roasted almonds 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);
(iii)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds.
2. Paragraph 1 shall not apply to consignments of foodstuffs of a gross weight not exceeding 20 kg, or to processed or compound foodstuffs containing the foodstuffs referred to in points (b) to (g) of paragraph 1 in a quantity below 20 %.
Article 2
Definitions
For the purposes of this Regulation, 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 of the European Parliament and of the Council (5) shall apply.
In addition, the following definitions shall apply:
(a)
‘designated points of import’ means any point designated by the competent authority, through which the foodstuffs referred to in Article 1 may be imported into the Community;
(b)
‘first point of introduction’ means the point of first physical introduction of a consignment into the Community.
Article 3
Import into the Community
Consignments of foodstuffs referred to in Article 1 (hereafter referred to as foodstuffs), may only be imported into the Community in accordance with the procedures laid down in this Regulation.
Article 4
Health certificate and results of sampling and analysis
1. Foodstuffs presented for import into the Community shall be accompanied by the results of sampling and analysis and a health certificate 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;
(f)
the United States Department of Agriculture (USDA) for foodstuffs from the United States of America.
2. The health certificates shall be drawn up in an official language of the exporting country and in an official language of the importing Member State.
The competent authorities concerned may decide to use any other language understandable for certifying officers or control officials concerned.
3. The health certificate provided for in paragraph 1 shall only be valid for imports of foodstuffs into the Community not later than four months from the date of issue.
4. The sampling and the analysis referred to in paragraph 1 must be performed in accordance with Commission Regulation (EC) No 401/2006 (6) or equivalent.
5. Each consignment of foodstuffs shall be identified with a code which corresponds to the code on the results of the sampling and analysis and the health certificate referred to in paragraph 1. Each individual bag, or other packaging form, of the consignment shall be identified with that code.
6. By way of derogation from paragraphs 1 to 5, consignments of foodstuffs referred to in Article 1(1)(g) may be imported into the Community without being accompanied by the results of sampling and analysis and a health certificate.
Article 5
Prior notification of consignments
Food business operators or their representatives shall give prior notification of the estimated date and time of physical arrival of the consignment at the first point of introduction and of the nature of the consignment.
For that purpose, they shall complete Part I of the common entry document (CED) referred to in Article 3 (a) of Commission Regulation (EC) 669/2009 and transmit that document to the competent authority at the first point of introduction, at least one working day prior to the physical arrival of the consignment.
For the completion of the CED in application of this Regulation, food business operators shall take into account the notes for guidance laid down in Annex II.
Article 6
Designated points of import
1. The competent authorities in Member States shall ensure that the designated points of import 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 to 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 while awaiting the results of analysis;
(e)
the availability of unloading equipment and appropriate sampling equipment;
(f)
the availability of an official laboratory for aflatoxin analysis, situated at a place to which the samples can be transported within a short period of time and which is able to perform the analysis within a due time-limit.
2. The Member States shall maintain and make publicly available an up-to-date list of the designated points of import. The Member States shall communicate them to the Commission.
3. Food business operators shall ensure the unloading of the consignment of foodstuffs necessary for representative sampling to take place.
In the case of special transport or specific packaging forms, the operator shall make available to the official inspector the appropriate sampling equipment in so far as the sampling cannot be representatively performed with the usual sampling equipment.
Article 7
Official controls
1. All official controls before the acceptance for release for free circulation into the Community and completion of the common entry document shall be performed within 15 working days from the moment the consignment is offered for import and physically available for sampling at the designated point of import.
2. The competent authority at the first point of introduction shall ensure that the foodstuffs intended for import into the Community are subject to documentary checks to ensure that the requirements for the results of sampling and analysis and the health certificate provided for in Article 4 are complied with.
Where a consignment of foodstuffs is not accompanied by the results of sampling and analysis and the health certificate provided for in Article 4(1), the consignment may not enter the Community for import into the Community and must be re-dispatched to the country of origin or destroyed.
3. The competent authority at the first point of introduction shall authorise transfer of the consignment to a designated point of import after favourable completion of the checks referred to in paragraph 2. The original certificate shall accompany the consignment during transfer.
4. The competent authority at the designated point of import shall take a sample for analysis of aflatoxin B1 and total aflatoxin contamination on certain consignments with a frequency indicated in paragraph 5 and in accordance with Annex I to Regulation (EC) No 401/2006 before release for free circulation into the Community.
5. The sampling for analysis referred to in paragraph 4 shall be carried out on:
(a)
100 % of the consignments of foodstuffs from Brazil;
(b)
approximately 20 % of the consignments of foodstuffs from China;
(c)
approximately 20 % of the consignments of foodstuffs from Egypt;
(d)
approximately 50 % of the consignments of foodstuffs from Iran;
(e)
approximately 10 % of the consignments for each category of hazelnuts and derived products from Turkey referred to in Article 1(1)(e)(ii) and (iv) to (viii), approximately 20 % of the consignments for each category of dried figs and derived products from Turkey referred to in Article 1(1)(e)(i) and (iv) to (vii) and approximately 50 % of the consignments for each category of pistachios and derived products from Turkey referred to in Article 1(1)(e)(iii) to (vii);
(f)
a random basis for consignments of foodstuffs from the United States of America, referred to in Article 1(1)(f);
(g)
each consignment of foodstuffs from the United States of America referred to in Article 1(1)(g).
6. After completion of the checks, the competent authorities shall, for checks carried out by them:
(a)
complete the relevant part of Part II of the common entry document (CED);
(b)
join the results of sampling and analysis;
(c)
stamp and sign the original of the CED;
(d)
make and retain a copy of the signed and stamped CED.
For the completion of the CED in application of this Regulation, the competent authority shall take into account the notes for guidance laid down in Annex II.
7. The original of the CED shall accompany the consignment during its transfer until it is released for free circulation.
8. The release for free circulation of consignments shall be subject to the presentation by the food business operator or their representative to the custom authorities of a common entry document or its electronic equivalent duly completed by the competent authority once all official controls have been carried out and favourable results from physical checks, where such checks are required, are known.
9. Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of foodstuffs. That report shall be submitted during the month following each quarter.
Article 8
Splitting of a consignment
Consignments shall not be split until all official controls have been completed, and the CED has been fully completed by the competent authorities as provided for in Article 7.
In the case of subsequent splitting of the consignment, an authenticated copy of the CED shall accompany each part of the consignment until it is released for free circulation.
Article 9
Additional conditions as regards imports of foodstuffs from the United States of America
1. As regards imports from the United States of America, the analysis referred to in Article 4(1) must be performed by an USDA approved laboratory for aflatoxin analysis.
2. The health certificate referred to in Article 4(1) accompanying consignments of foodstuffs referred to in Article 1(1)(f) shall make a reference to the Voluntary Aflatoxin Sampling Plan.
Article 10
Costs
All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the food business operator.
Article 11
Repeal
Decision 2006/504/EC is hereby repealed.
References to the repealed Decision shall be construed as references to this Regulation.
Article 12
Transitional provisions
By way of derogation from Article 4(1), Member States shall authorise the imports of consignments of foodstuffs referred to in Article 1(1) which left the country of origin prior to 1 July 2010 accompanied by a health certificate as provided for by Decision 2006/504/EC.
Article 13
Entry into force
This Regulation 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 November 2009. | [
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*****
COMMISSION DECISION
of 19 February 1987
approving a specific programme for the processing and marketing of soya beans and oilseeds in Italy pursuant to Council Regulation (EEC) No 355/77
(Only the Italian text is authentic)
(87/158/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 355/77 of 15 February 1977 on common measures to improve the conditions under which agricultural and fishery products are processed and marketed (1), as last amended by Regulation (EEC) No 2224/86 (2), and in particular Article 5 thereof,
Whereas on 8 September 1986 the Italian Government notified a programme for the soya bean and oilseed sectors;
Whereas the said programme provides for investments in facilities for the storage and drying of oilseeds, and in particular soya beans and sunflower seed, and investments relating to the incorporation of soya beans into animal feedingstuffs, without any increase in production capacity, with a view to the adjustment of processing and marketing structures in this sector to trends in production; whereas it thus constitutes a programme within the meaning of Article 2 of Regulation (EEC) No 355/77;
Whereas approval of the part of the programme dealing with investments relating to the incorporation of soya beans into animal feedingstuffs is subject to compliance with the requirement that such investments will not lead to any increase in feed-manufacturing capacity;
Whereas the programme includes a sufficient quantity of the data referred to in Article 3 of Regulation (EEC) No 355/77 to demonstrate that the objectives of Article 1 of the said Regulation may be achieved in the abovementioned sector in Italy; whereas the time limit set for implementation of the programme does not exceed the period specified in Article 3 (1) (g) of the said Regulation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The programme relating to the processing and marketing of soya beans and oilseeds in Italy, as notified by the Italian Government on 8 September 1986 in accordance with Regulation (EEC) No 355/77, is hereby approved.
Approval of the part the programme relating to investments for the use of soya beans in animal feedingstuffs shall be subject to compliance with the requirement that such investments do not result in an increase in existing feed-manufacturing capacities.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 19 February 1987. | [
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COMMISSION DECISION of 17 February 1997 recognizing in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of flupyrsulfuron-methyl, azimsulfuron and paecilomyces fumosoroseus in Annex I of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (Text with EEA relevance) (97/164/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 96/68/EC (2), and in particular Article 6 (3) thereof,
Whereas Council Directive 91/414/EEC has provided for the development of a Community list of active substances authorized for incorporation in plant protection products;
Whereas applicants have submitted dossiers for three active substances to Member States' authorities in view of obtaining the inclusion of the active substances in Annex I of the Directive;
Whereas a dossier for the active substance flupyrsulfuron-methyl (DPX-KE459) has been submitted by Du Pont de Nemours France to the French authorities on 26 October 1995;
Whereas a dossier for the active substance azimsulfuron has been submitted by Du Pont de Nemours Italiana SpA to the Italian authorities on 4 March 1996;
Whereas a dossier for the active substance Paecilomyces fumosoroseus has been submitted by Thermo Trilogy Corporation to the Belgian authorities on 18 May 1994;
Whereas the said authorities indicated to the Commission the results of a first examination of the completeness of the dossiers with regard to the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, in Annex III of Directive; whereas subsequently, in accordance with the provisions of Article 6 (2), the dossiers were submitted by the applicants to the Commission and other Member States;
Whereas the dossier for flupyrsulfuron-methyl was referred to the Standing Committee on Plant Health on 16 August 1996;
Whereas the dossier for azimsulfuron was referred to the Standing Committee on Plant Health on 11 October 1996;
Whereas the dossier for Paecilomyces fumosoroseus was referred to the Standing Committee on Plant Health on 24 November 1995;
Whereas Article 6 (3) of the Directive requires it being confirmed at the level of the Community that each dossier is to be 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, in Annex III of the Directive;
Whereas such confirmation is necessary in order to pursue the detailed examination of the dossier as well as in order to open to Member States the possibility of granting provisional authorization for plant protection products containing this active substance in due respect of the conditions laid down in Article 8 (1) of the Directive, and in particular the condition to make a detailed assessment of the active substances and the plant protection products with regard of the requirements of the Directive;
Whereas such decision does not prejudice that further data or information may be requested from the applicant where it would appear during the detailed examination that such information or data are required for a decision to be taken;
Whereas it is understood between the Member States and the Commission that France will pursue the detailed examination for the dossier for flupyrsulfuron-methyl, that Italy will pursue the detailed examination for the dossier for azimsulfuron and that Belgium will pursue the detailed examination for the dossier for Paecilomyces fumosoroseus;
Whereas France, Italy and Belgium will report the conclusions of their examinations accompanied by any recommendations on the inclusion or non inclusion and any conditions related thereto to the Commission as soon as possible and at the latest within a period of one year; whereas on receipt of these reports the detailed examination will be continued with the expertise from all Member States within the framework of the Standing Committee on Plant Health;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The following dossiers are considered as satisfying in principle the data and information requirements provided for in Annex II and, for a plant protection product containing the active substance concerned, in Annex III of the Directive:
1. the dossier submitted by Du Pont de Nemours France to the Commission and the Member States with a view to the inclusion of flupyrsulfuron-methyl as active substance in Annex I of Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 16 August 1996;
2. the dossier submitted by Du Pont de Nemours Italiana SpA to the Commission and the Member States with a view to the inclusion of azimsulfuron as active substance in Annex I of Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 11 October 1996;
3. the dossier submitted by Thermo Trilogy Corporation to the Commission and the Member States with a view to the inclusion of paecilomyces fumosoroseus as active substance in Annex I of Directive 91/414/EEC and which was referred to the Standing Committee on Plant Health on 24 November 1995.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 February 1997. | [
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COMMISSION REGULATION (EC) No 2546/94 of 20 October 1994 allocating quantities not applied for under the import quota for frozen beef pursuant to Council Regulation (EC) No 130/94
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 1884/94 (2), and in particular Article 15 (2) thereof,
Having regard to Council Regulation (EC) No 130/94 of 24 January 1994 opening and providing for the administration of a Community tariff quota for frozen meat of bovine animals falling within CN code 0202 and products falling within CN code 0206 29 91 (1994) (3), and in particular Article 4 thereof,
Whereas Commission Regulation (EC) No 214/94 (4) lays down detailed rules for the application of the import arrangements provided for in abovementioned Regulation (EC) No 130/94;
Whereas Article 3 of Regulation (EC) No 130/94 provides for the allocation, during the fourth quarter of 1994, of quantities not covered by import licence applications at 31 August 1994 as a priority to take account of possible administrative errors in allocating additional quantities to the operators concerned;
Whereas, when notifying the Commission of the reference quantities and of the quantities applied for pursuant to Article 3 (2) and (3) of Regulation (EC) No 214/94, the national authorities forwarded inaccurate figures in certain cases;
Whereas, once the additional quantities are allocated to the operators affected by the administrative errors, the remainder is in excess of 30 tonnes; whereas a further allocation must therefore be made of those quantities in accordance with Article 3 (1) of Regulation (EC) No 130/94;
Whereas, for reasons of administration and commercial practice, the quantity of each lot allocated should be set at 5 tonnes;
Whereas, in accordance with Article 4 (2) of Regulation (EC) No 130/94, the allocation of the quantities available is to be decided by the Commission; whereas, with a view to fair distribution of the remainder, the quantities should be broken down by Member State on the basis of those allocated in March 1994;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities not covered by import licence applications at 31 August 1994 amount to 83,675 tonnes. To take account of administrative errors, 13,413 tonnes are hereby allocated as follows:
(a) 10,905 tonnes to Galtee Meats Ltd (Charleville, Ireland);
(b) 2,508 tonnes to Ellistrin Ltd (Ireland).
2. The remaining 70 tonnes, rounded down, is hereby allocated to the Member States as follows:
Germany: 20 tonnes, Belgium: 5 tonnes, France: 5 tonnes, Ireland: 5 tonnes, Italy: 15 tonnes, Netherlands: 5 tonnes, United Kingdom: 15 tonnes.
3. The Member States concerned shall allocate these quantities by drawing lots for each 5 tonnes among the operators referred to in Article 1 (1) and (2) of Regulation (EC) No 214/94. Each operator shall be eligible for one lot only.
4. Articles 5, 6 and 7 of Regulation (EC) No 214/94 shall apply.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 1994. | [
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COMMISSION DECISION of 19 July 1996 fixing an indicative allocation by Member State of Structural Fund commitment appropriations for the period 1997 to 1999 under Objective 2 as defined in Council Regulation (EEC) No 2052/88 (96/468/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular Article 12 (4) thereof,
Whereas the first subparagraph of Article 12 (4) of Regulation (EEC) No 2052/88 lays down that the Commission must, using transparent procedures, make indicative allocations by Member State for each of the Objectives 1 to 4 and 5 (b) of the Structural Fund commitment appropriations taking full account, as previously, of the following objective criteria: national prosperity, regional prosperity, population of the regions and the relative severity of the structural problems, including the level of unemployment and, for the appropriate Objectives, the needs of rural development; the criteria are appropriately weighted in the allocation of resources;
Whereas Article 12 (5) lays down that, for the period 1994 to 1999, 9 % of the commitment appropriations for the Structural Funds are to be devoted to funding assistance undertaken on the initiative of the Commission in accordance with Article 5 (5);
Whereas Article 9 (6) of the Regulation lays down that the assistance granted by the Community in respect of Objective 2 in the various areas listed is to be planned and implemented on a three-yearly basis;
Whereas Article 11 of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94, lays down that a limited part of the appropriations available for Community initiatives under Objectives 1, 2 and 5 (b) may cover areas other than those referred to in Articles 8, 9 and 11a of Regulation (EEC) No 2052/88;
Whereas the appropriations must not result in a reduction in the amounts allocated to Objective 1 regions under Article 12 (2) of Regulation (EEC) No 2052/88; whereas, therefore, less than 9 % of Objective 2 resources should be reserved for Community initiatives;
Whereas the indicative allocation for Austria, Finland and Sweden under Objective 2 was decided upon for 1995 to 1999 when implementing the structural policy in the new Member States;
Whereas, therefore, the indicative allocation for the Member States other than Austria, Finland and Sweden amounts to ECU 8 147 million at 1996 prices for the period 1997 to 1999,
HAS ADOPTED THIS DECISION:
Article 1
Pursuant to the first subparagraph of Article 12 (4) of Regulation (EEC) No 2052/88, the indicative allocation of Objective 2 resources in the period 1997 to 1999 for the Member States other than Austria, Finland and Sweden shall be as set out in the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 19 July 1996. | [
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COMMISSION REGULATION (EC) No 117/2008
of 28 January 2008
amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 329/2007 (1), and in particular Article 13(a) and (b) thereof,
Whereas:
(1)
According to Article 2 of Regulation (EC) No 329/2007, Annex I to that Regulation should list the goods and technology, including software, whose sale, supply, transfer or export to the Democratic People’s Republic of Korea, or North Korea, is prohibited in accordance with determinations made by the competent Sanctions Committee of the United Nations or by the UN Security Council.
(2)
The UN Security Council determined on 14 October 2006, when it adopted Resolution 1718, that the goods and technology set out in UN documents S/2006/814 and S/2006/815 should be subject to the ban. The competent Sanctions Committee determined on 1 November 2006 that the goods and technology set out in UN document S/2006/853 should also be subject to the ban.
(3)
However, according to Article 2 of Regulation (EC) No 329/2007, Annex I should not include goods and technology included in the Common Military List of the European Union (2).
(4)
In order to facilitate application, Annex I to Regulation (EC) No 329/2007 should present the goods and technology subject to the ban by reference to Annex I to Council Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology (3).
(5)
Bulgaria, Austria and Sweden requested that their websites indicating the competent authorities be inserted in the list set out in Annex II to Regulation (EC) No 329/2007 and Estonia and Hungary asked for corrections as regards their websites,
HAS ADOPTED THIS REGULATION:
Article 1
1. Annex I to Regulation (EC) No 329/2007 is hereby replaced by the text in Annex I to this Regulation.
2. Annex II to Regulation (EC) No 329/2007 is hereby replaced by the text in Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 January 2008. | [
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COMMISSION REGULATION (EC) No 528/2005
of 1 April 2005
concerning tenders submitted in response to the invitation to tender for the export to certain third countries of wholly milled and medium and long grain A rice issued in Regulation (EC) No 2031/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 14(3) thereof,
Whereas:
(1)
An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2031/2004 (2).
(2)
Article 5 of Commission Regulation (EEC) No 584/75 (3), allows the Commission to decide, in accordance with the procedure laid down in Article 26(2) of Regulation (EC) No 1785/2003 and on the basis of the tenders submitted, to make no award.
(3)
On the basis of the criteria laid down in Article 14(4) of Regulation (EC) No 1785/2003, 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 submitted from 28 to 31 March 2005 in response to the invitation to tender for the export refund on wholly milled rand, medium and long grain A rice to certain third European countries issued in Regulation (EC) No 2031/2004.
Article 2
This Regulation shall enter into force on 2 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 April 2005. | [
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Commission Regulation (EC) No 1353/2000
of 26 June 2000
concerning the permanent authorisation of an additive and the provisional authorisation of new additives, new additive uses and new preparations in feedingstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(1), as last amended by Directive 1999/20/CE(2) and in particular Article 3 thereof,
Whereas:
(1) Directive 70/524/EEC provides that new additives or new uses of additives shall be authorised, taking account of advances in scientific and technical knowledge.
(2) A permanent authorisation of a preparation belonging to the group of enzymes shall be given if all conditions laid down in Article 3(a) of Directive 70/524/EEC are met.
(3) Data were submitted for the permanent authorisation of the 3-phytase (EC 3.1.3.8) produced by Aspergillus niger (CBS 114.94), which is described in the Annex.
(4) A provisional authorisation of new additives, or new uses of additives shall be given if, at the level permitted in feedingstuffs, it does not adversely affect human or animal health or the environment, nor harm the consumer by altering the characteristics of livestock product, if its presence in feedingstuffs can be controlled, and it is reasonable to assume, in view of the available results, that it has favourable effect on the characteristics of those feedingstufffs or on livestock production when incorporated in such feedingstuffs.
(5) Data were submitted for the provisional authorisations of new enzymes and micro-organisms, of new uses of enzymes and for the replacement of authorised preparations of enzymes by new preparations of the same enzymes.
(6) Council Directive 89/391/EEC(3) on the introduction of measures to encourage improvements in the safety and health of workers at work and its relevant individual directives, in particular Council Directive 90/679/EC(4), as last amended by Commission Directive 97/65/EC(5) on the protection of workers from risks related to exposure to biological agents at work, are fully applicable to the use and manipulation by workers of the additives in feedingstuffs.
(7) The Scientific Committee for Animal Nutrition has delivered a favourable opinion with regard to the harmlessness of these enzyme and micro-organism preparations and with regard to the favourable effect on animal production of the enzyme preparation for which an authorisation without a time limit is proposed.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee for Feedingstuffs,
HAS ADOPTED THIS REGULATION:
Article 1
The preparation belonging to the group "Enzymes" listed in Annex I to the present Regulation shall be authorised according to Directive 70/524/EEC as additive in animal nutrition under the conditions laid down in the said Annex.
Article 2
The conditions for the authorisation of the preparations No 16 and No 17 belonging to the group "Enzymes" listed in Annex II to the present Regulation are hereby replaced by those set out in the said Annex according to Directive 70/524/EEC.
Article 3
The preparations belonging to the group "Enzymes" listed in Annex III to the present Regulation shall be authorised according to Directive 70/524/EEC as additives in animal nutrition under the conditions laid down in the said Annex.
Article 4
The preparation belonging to the group "Micro-organisms" listed in Annex IV to the present Regulation shall be authorised according to Directive 70/524/EEC as additives in animal nutrition under the conditions laid down in the said Annex.
Article 5
This Regulation shall enter into force on the twentieth 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, 26 June 2000. | [
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COMMISSION DECISION
of 11 August 2008
amending the Appendix to Annex VI to the Act of Accession of Bulgaria and Romania as regards certain milk processing establishments in Bulgaria
(notified under document number C(2008) 4269)
(Text with EEA relevance)
(2008/672/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular the first subparagraph of paragraph (f) of Section B of Chapter 4 of Annex VI thereto,
Whereas:
(1)
Bulgaria has been granted transitional periods by the Act of Accession of Bulgaria and Romania for compliance by certain milk processing establishments with the requirements of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1).
(2)
The Appendix to Annex VI to the Act of Accession has been amended by Commission Decisions 2007/26/EC (2), 2007/689/EC (3), 2008/209/EC (4), 2008/331/EC (5) and 2008/547/EC (6). Bulgaria has provided guarantees that five milk processing establishments have completed their upgrading process and are now in full compliance with Community legislation. Those establishments are allowed to receive and process non-compliant raw milk Therefore they should be included in the list of Chapter I of the Appendix to Annex VI.
(3)
One milk processing establishment which is currently listed as compliant establishment will receive and process in two separate lines compliant and non-compliant raw milk. That establishment should therefore be added to the list of Chapter II. Another milk processing establishment currently listed in Chapter II will receive and process only compliant milk. That establishment should therefore be deleted from Chapter II of the Appendix to Annex VI.
(4)
The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania should therefore be amended accordingly.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Appendix to Annex VI to the Act of Accession of Bulgaria and Romania is amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 11 August 2008. | [
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COMMISSION DECISION
of 22 December 2009
authorising Bulgaria to use statistics for years earlier than the last year but one, and to use certain approximate estimates for the calculation of the VAT own resources base
(notified under document C(2009) 10413)
(Only the Bulgarian text is authentic)
(2010/4/EU, Euratom)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular Article 4(4) and Article 6(3) thereof,
After consulting the Advisory Committee on Own Resources,
Whereas:
(1)
Bulgaria has requested authorisation from the Commission to use national accounts for years earlier than the last year but one and to use approximate estimates to calculate the VAT own resources base for transactions referred to in point 10 of part B of Annex X to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2).
(2)
For the purposes of the breakdown of transactions by statistical category provided for in Article 4(4) of Regulation (EEC, Euratom) No 1553/89, Bulgaria is unable to use the national accounts relating to the last year but one before the financial year for which VAT resources base is to be calculated. Bulgaria should therefore be authorised to use national accounts for years earlier than the last year but one.
(3)
Bulgaria is authorised to exempt one transaction category (international transport of passengers) as referred to in part B of Annex X to Directive 2006/112/EC based on paragraph 1 of section 6 (Taxation) in Annex VI to the Act of Accession of the Republic of Bulgaria to the European Union (3). These transactions should be taken into account for the determination of the VAT own resources base.
(4)
Bulgaria is unable to make a precise calculation of the VAT own resources base for transactions referred to in point 10 of part B of Annex X to Directive 2006/112/EC. Such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on Bulgaria’s total VAT resources base. Bulgaria is able to make a calculation using approximate estimates for this category of transactions. Bulgaria should therefore be authorised to calculate the VAT base using approximate estimates in accordance with the second indent of Article 6(3) of Regulation (EEC, Euratom) No 1553/89.
(5)
For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time,
HAS ADOPTED THIS DECISION:
Article 1
In order to perform breakdown by rate referred to in Article 4(4) of Regulation (EEC, Euratom) No 1553/89, Bulgaria is authorised from 1 January 2009 to use figures obtained from the national accounts for the last year but two or the last year but three before the financial year for which the VAT resources base has to be calculated.
Article 2
For the purpose of calculating the VAT own resources base from 1 January 2009, Bulgaria is authorised to use approximate estimates in respect of international passenger transport as referred to in Annex X, part B to Directive 2006/112/EC.
Article 3
This Decision shall apply from 1 January 2009 to 31 December 2013.
Article 4
This Decision is addressed to the Republic of Bulgaria.
Done at Brussels, 22 December 2009. | [
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COUNCIL DECISION
of 7 May 2007
on the practical and procedural arrangements with a view to the nomination by the Council of the two members of the selection panel and the monitoring and advisory panel for the ‘European Capital of Culture’ Community action
(2007/324/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Articles 6 and 10 thereof,
Whereas:
(1)
Articles 6 and 10 of Decision No 1622/2006/EC provide that a selection panel and a monitoring and advisory panel are to be established and that these panels are to include seven members nominated by the European institutions, two of whom are to be nominated by the Council.
(2)
It is appropriate for the Council to decide on the practical and procedural arrangements for the nomination of the two members of these two panels by the Council.
(3)
These arrangements should be fair, non-discriminatory and transparent,
HAS DECIDED AS FOLLOWS:
Article 1
The Council shall decide on the nomination of two members of the selection panel and the monitoring and advisory panel in accordance with the practical and procedural arrangements laid down in Article 2.
Article 2
1. A draw shall be organised among all Member States. The participation of Member States in the draw shall be voluntary. However, to minimise the risk of a conflict of interest, Member States hosting a European Capital of Culture that is to be selected or monitored during the term of office of the members of the panel shall be excluded from the draw. A list of Member States concerned, based on the order of entitlement to nominate a European Capital of Culture in accordance with the Annex to Decision No 1622/2006/EC, is set out in the Annex to this Decision. Additionally, to ensure the widest possible geographical distribution of Member States recommending experts, Member States that recommended experts for the previous period shall be excluded from the draw.
2. The first two Member States to be drawn shall be selected. Each of these two Member States shall recommend the nomination of one independent expert with substantial experience and expertise in the cultural sector, in the cultural development of cities or in the organisation of a European Capital of Culture.
3. On the basis of the recommendations of the two selected Member States and following due scrutiny of the recommended candidates, the Council shall nominate the two experts who are to form part of the selection panel and the monitoring and advisory panel for a period of three years.
4. In case of the death or resignation of a panel expert, the Member State that recommended the expert in question shall recommend the nomination of a replacement for the remainder of the term of office. The procedure referred to in paragraph 3 shall apply.
Article 3
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
Done at Brussels, 7 May 2007. | [
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COMMISSION REGULATION (EC) No 1670/2006
of 10 November 2006
laying down certain detailed rules for the application of Council Regulation (EC) No 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks
(Codified version)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 18 thereof,
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (2), and in particular Article 3(2) thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Regulation should be codified.
(2)
Article 16 of Regulation (EC) No 1784/2003 provides that, in so far as it is necessary to take account of the particular features of the production of certain spirituous beverages obtained from cereals, the criteria for granting export refunds may be adapted to this particular situation. It would appear necessary to provide for such adjustment for certain spirit drinks where, on the one hand, the price of cereals at the moment of export is not linked to the price of cereals at the moment of production and, on the other hand, the final product derives from a mixture of numerous products, so that it has become impossible to monitor the identity of the cereals incorporated in the final product for exportation, all the more so since those spirit drinks are also subject to compulsory ageing of at least three years.
(3)
Difficulties of this nature have been encountered in particular in respect of Scotch whisky, Irish whiskey and Spanish whisky.
(4)
The usual system of refunds should, as far as possible, be applied on a similar basis. A refund should therefore be paid for cereals meeting the conditions provided for in Article 23(2) of the Treaty used pro rata in terms of the quantities of spirit drinks exported. To this end, the quantities of such distilled cereals should be multiplied by an overall, flat-rate coefficient calculated on the basis of national statistics supplied by the Member States concerned. Use of the ratio between the total quantities of spirit drinks concerned which have been exported and the total quantities which have been sold seems to afford a fair and simple basis. It is necessary to define what is meant by ‘total quantities exported’ and ‘total quantities marketed’. For the purpose of determining the quantities of cereals distilled and the coefficient, the quantities subject to inward processing arrangements should be excluded.
(5)
It is necessary to make provision for the coefficient to be adjusted in particular to guard against the possibility that payments of the refunds might serve to increase stocks abnormally.
(6)
Article 13(3) of Regulation (EC) No 1784/2003 provides for the possibility of differentiating the refund according to destination. Therefore, objective criteria should be provided for which would lead to the abolition of the refund for certain destinations.
(7)
The day determining the applicable refund rate should be fixed. That day should be linked in the first instance to the time at which the cereals are placed under control and, for the quantities distilled subsequently, to each fiscal distillation period. Before the refund is paid proof must be furnished in the form of a distillation declaration that the cereals have been distilled. Such a declaration must contain the information necessary for the calculation of the refunds. The first day of each fiscal distillation period may also be the operative event for the agricultural conversion rate pursuant to Article 3 of Regulation (EC) No 2799/98.
(8)
It is necessary for the purposes of this Regulation to record that the products have left the Community and in certain cases to identify their destination as well. It is thus necessary to employ the definition of exportation set out in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5) and to use the evidence provided for in Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (6).
(9)
In order to establish the coefficient, it should be compulsory to provide proof that the quantities of spirit drinks have been exported. It is appropriate to provide that Article 43 of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (7), should apply to goods returning to Community territory if the special conditions are met.
(10)
The Member States should be required to pass on the necessary information to the Commission.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down detailed rules for fixing and granting export refunds for cereals exported in the form of spirit drinks as referred to in Article 16 of Regulation (EC) No 1784/2003 and for which a compulsory ageing period of at least three years is part of the manufacturing process.
2. Commission Regulation (EC) No 1043/2005 (8) shall not apply to the spirit drinks referred to in paragraph 1, save as otherwise provided in Article 6(1) of this Regulation.
Article 2
The refunds referred to in Article 1 may be granted for cereals meeting the conditions laid down in Article 23(2) of the Treaty and used in the production of the spirit drinks falling within CN codes 2208 30 32, 2208 30 38, 2208 30 52, 2208 30 58, 2208 30 72, 2208 30 78, 2208 30 82 and 2208 30 88 manufactured in accordance with Council Regulation (EEC) No 1576/89 (9).
Article 3
For the purposes of this Regulation:
(a)
‘given distillation period’ means a period corresponding to a distillation period agreed between the beneficiary and the customs authorities or other competent authorities for the purposes of checks on excise duty (fiscal period);
(b)
‘total quantities exported’ means the quantities of spirit drinks fulfilling the terms of Article 23(2) of the Treaty and exported to a destination for which the refund applies;
(c)
‘total quantities marketed’ means the quantities of spirit drinks fulfilling the terms of Article 23(2) of the Treaty which have been finally dispatched from production or storage facilities with a view to their sale for human consumption;
(d)
‘placed under control’ means the placing under a customs control procedure, or under an administrative procedure offering equivalent assurances, of cereals intended for the manufacture of the spirit drinks referred to in Article 2.
Article 4
1. The quantities of cereals eligible for the refund shall be the quantities placed under control and distilled by those entitled to the refund during a given distillation period, weighted by a coefficient to be fixed annually for each Member State concerned and applicable to all eligible parties concerned. The coefficient shall express the average ratio between the total quantities exported and the total quantities marketed of the spirit drinks concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question.
For the purpose of determining the quantities of cereals distilled and the coefficient, quantities which have been subject to inward processing arrangements shall be excluded.
When the coefficient is calculated, account shall also be taken of variations in the stocks of one of the spirit drinks in question.
The coefficient may differ according to the cereal used.
2. The competent bodies shall at regular intervals check on the volume actually exported and on the volume of stocks.
Article 5
The coefficient referred to in Article 4(1) shall be fixed before 1 July each year.
It shall apply from 1 October until 30 September of the following year.
The coefficient shall be fixed in accordance with information supplied by the Member States on the period 1 January to 31 December of the years preceding the year of fixing.
Article 6
1. The rate of the refund applicable shall be that fixed in accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005.
2. The rate of the refund and the agricultural conversion rate shall be those applicable on the day on which the cereals are placed under control.
However, as regards the quantities distilled in each of the fiscal distillation periods following that in which the placing under control occurred, those rates shall be those valid on the first day of each fiscal distillation period concerned.
Article 7
1. Where the situation on the world market or the specific requirements of certain markets so dictate, the refund shall be abolished for certain destinations.
2. If the refund is abolished pursuant to paragraph 1, or if it is reintroduced, and if certain markets become ineligible for export refunds pursuant to an Act of Accession or agreements with third countries, the coefficient referred to in Article 4(1) shall be adjusted. That adjustment shall involve as appropriate, the exclusion or inclusion, in the total exported quantities used for calculating that coefficient, of the quantities exported to those markets for which the refund is abolished or reintroduced. The adjusted coefficient shall apply from the first day of the fiscal distillation period following the change in the eligibility of the markets concerned.
Article 8
For the purposes of this Regulation, cereals may be replaced by malt.
In that case the coefficient for calculating the barley equivalent of malt shall be 1,30.
However, where the malt that is placed under control is green malt with a moisture content of between 43 % and 47 %, the coefficient for calculating the equivalent weight of malt with a moisture content of 7 % shall be 0,57.
Article 9
1. Only distillers established in the Community shall be entitled to the refund.
2. The distiller shall communicate to the competent authorities prior to the commencement of each fiscal distillation period a declaration including all the particulars necessary for determining the refund, in particular:
(a)
a description of the cereals or malt in accordance with the nomenclature of the common customs tariff, where necessary broken down by homogeneous lot;
(b)
the net weight of the products and the moisture content, broken down for each lot referred to under (a);
(c)
confirmation that the cereals fulfil the conditions laid down in Article 23(2) of the Treaty;
(d)
the place of storage and distillation.
During the fiscal distillation period the declaration may be updated as the distillation process proceeds in order to take account of the larger or smaller quantities actually being distilled.
3. After each fiscal distillation period the distiller shall lodge with the competent authorities a declaration, hereinafter called a ‘distillation declaration’, in which he confirms that he has distilled, during the distillation period concerned, the cereals set out in the declaration referred to in paragraph 2, in order to produce one of the spirit drinks in question; he shall indicate the quantity of distilled products obtained. This declaration shall be certified by the authorities carrying out the placing under control.
4. The refund shall be paid once proof has been furnished that the cereals have been placed under control and distilled.
5. The weight of cereals to be taken into consideration for calculation of the payment shall be the net weight, if the moisture content is not more than 15 %. If the moisture content of the cereals used is more than 15 % but not more than 16 %, the weight to be taken into consideration shall be the net weight reduced by 1 %. If the moisture content of the cereals used is more than 16 % but not more than 17 %, the reduction shall be 2 %. If the moisture content of the cereals used is more than 17 % the reduction shall be two percentage points for each percentage point of moisture above 15 %.
The weight of malt other than green malt, as referred to in Article 8, which is to be taken into consideration for calculation of the payment shall be the net weight, if the moisture is not more than 7 %. If the moisture content of the malt used is more than 7 % but not more than 8 %, the weight to be taken into consideration shall be the net weight reduced by 1 %. If the moisture content of the malt used is more than 8 % the reduction shall be two percentage points for each percentage point of moisture above 7 %.
The Community reference method for determining the moisture content of cereals and malt intended for production of the spirit drinks referred to in this Regulation shall be that shown in Annex IV to Commission Regulation (EC) No 824/2000 (10).
Article 10
Member States shall take the measures necessary to verify the accuracy of the declarations referred to in Article 9 and those relating to the physical control of the cereals, the distillation process and the use of the distilled product obtained.
Article 11
1. The by-products of processing shall be exempt from control if it has been established that they do not exceed the quantity of by-products normally obtained.
2. No refund shall be granted where the cereals or malt are not of sound and fair merchantable quality.
Article 12
1. The refund shall be paid by the Member State in which the declarations referred to in Article 9 are accepted.
2. The refund shall be paid only on written application by the trader. Member States may prescribe a special form to be used for this purpose.
3. Except in cases of force majeure the documents required for the granting of the refund must be lodged within 12 months of the day on which the authorities carrying out the placing under control accepted the distillation declaration, otherwise entitlement to the refund shall be lost.
4. Where the coefficient is adjusted pursuant to Article 7(2), refunds incorrectly paid from the date of application of the adjusted coefficient shall be repaid by the beneficiaries.
Article 13
1. For the purposes of Article 4, proof shall be provided that the quantities of spirit drinks which fulfil the conditions laid down in Article 23(2) of the Treaty have been exported.
2. The proof applicable shall be that provided for in Regulation (EC) No 800/1999.
3. For the purposes of this Regulation, ‘export’ means:
(a)
export within the meaning of Articles 161 and 162 of Regulation (EEC) No 2913/92;
and
(b)
deliveries to destinations covered by Article 36 of Regulation (EC) No 800/1999.
4. Products having been placed in a victualling warehouse approved pursuant to Article 40 of Regulation (EC) No 800/1999 shall also be considered to have been exported. When products have been placed in such warehouses, Articles 40 to 43 of the abovementioned Regulation shall apply mutatis mutandis.
Article 14
1. Spirit drinks shall be deemed to have been exported on the day on which customs export formalities were completed.
2. The declaration submitted when the customs export formalities are completed must contain:
(a)
a description of the spirit drinks concerned, in accordance with the combined nomenclature;
(b)
the quantities, expressed in litres of pure alcohol, of spirit drinks being exported;
(c)
a description of, or other reference to, the composition of the spirit drinks such that the type of cereals used can be determined;
(d)
the Member State of production.
3. For the purposes of paragraph 2(c), if the spirit drink is obtained from different types of cereals and it results from a subsequent blending it shall be sufficient to state this in the declaration.
Article 15
1. For a quantity of a spirit drink to be deemed to have been exported, the proof referred to in Article 13 must be submitted to the designated authorities within six months of the date on which the customs export formalities are completed.
2. If proof has not been produced within the prescribed time limit despite the exporter's best endeavours to obtain it within that time limit, extensions to the time limit, not exceeding six months altogether, may be granted.
However, if proof of export is provided outside the time limit which would permit the export operation to be included with exports performed during the same calendar year, the export operation in question shall be aggregated with exports performed during the following calendar year.
Article 16
1. Where the Community transit procedure applies, the drinks referred to in Article 13(1) shall be placed under the Community external transit procedure.
2. For the purposes of Regulation (EEC) No 2913/92, the spirit drinks referred to in Article 13(1) of this Regulation shall be deemed to be goods in respect of which the requisite customs export formalities for the granting of export refunds have been completed. Such drinks may not be placed in free circulation unless an amount corresponding to the export refund paid is reimbursed.
Article 17
Where Article 7 applies, proof must also be provided that the spirit drinks concerned have reached the destination for which the refund was fixed.
In that event, the proof of importation into a third country in respect of which the refund applies shall be the proof provided for in Articles 15 and 16 of Regulation (EC) No 800/1999.
Article 18
1. The Member States concerned shall inform the Commission of the names and addresses of the bodies competent to apply this Regulation.
2. The Member States concerned shall provide the Commission with the following information before 16 July each year:
(a)
the quantities of cereals and malt fulfilling the terms of Article 23(2) of the Treaty and distilled in the period from 1 January to 31 December of the preceding year, broken down in accordance with the combined nomenclature;
(b)
the quantities of cereals and malt, broken down in accordance with the combined nomenclature, which were the subject of inward processing arrangements during the same period;
(c)
the quantities of spirit drinks covered by Article 2, broken down in accordance with the categories given in Article 19, including both quantities exported and quantities marketed during the same period;
(d)
the quantities of spirit drinks produced under inward processing arrangements and exported to third countries during the same period, broken down in accordance with the categories given in Article 19;
(e)
the quantities of spirit drinks in store on 31 December of the preceding year and the quantities produced during that period.
3. The Member States concerned shall also provide the Commission with the information listed under (a) to (d) for each calendar quarter before 16 October, 16 January and 16 April, where available.
4. At the request of the Commission, the Member States concerned shall also provide the information necessary for adjusting the coefficient referred to in Article 7(2).
Article 19
For the purposes of Article 18:
(a)
‘grain whisky’ means whisky made from malt and cereals;
(b)
‘malt whisky’ means whisky made exclusively from malt;
(c)
‘Irish whiskey, category A’ means whiskey made from malt and cereals, with less than 30 % malt;
(d)
‘Irish whiskey, category B’ means whiskey made from barley and malt, with at least 30 % malt;
(e)
the percentages of the various types of cereals used in the manufacture of the spirit drinks referred to in Article 14(3) shall be determined on the basis of the total quantities of the various types of cereals used in manufacturing the spirit drinks referred to in Article 2.
Article 20
Regulation (EEC) No 2825/93 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 21
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 November 2006. | [
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COMMISSION REGULATION (EEC) No 1006/85
of 15 April 1985
amending quantitative limits fixed for imports of certain textile products originating in Poland
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3589/82 of 23 December 1982 on common rules for imports of certain textile products originating in third countries (1), as last amended by Regulation (EEC) No 1003/85 (2), and in particular Articles 7 and 9 (2) thereof,
Whereas, by Regulation (EEC) No 3589/82 quantitative limits agreed with third countries are shared between the Member States for 1985;
Whereas, in the bilateral agreements, the Community has given undertakings to the supplier countries to adjust the allocation of limits among Member States in such a way as to ensure optimum utilization and to establish efficient and speedy procedures for adjusting the allocations;
Whereas Poland has asked that the allocation of Community quantitative limits among the Member States be adjusted in order to take account of the trend of trade flows, and to enable suppliers to utilize agreed Community limits more fully;
Whereas, under Article 9 (2) of Regulation (EEC) No 3589/82, quantitative limits may be increased where it appears that additional imports are required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The quantitative limits for textile products originating in Poland, as fixed in Annex III to Regulation (EEC) No 3589/82, are hereby amended for 1985 as laid down in the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 1985. | [
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COMMISSION DECISION
of 9 April 1990
concerning additional requirements for some tissues and organs with respect to Bovine Spongiform Encephalopathy (BSE)
(90/200/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (1), as last amended by Directive 89/662/EEC (2), and in particular Article 13 thereof,
Having regard to Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (3), as last amended by Directive 89/662/EEC, and in particular Article 8 (3) thereof,
Whereas, according to Article 13 of Directive 64/433/EEC, additional requirements adapted to the specific situation of Member States with respect to certain diseases likely to endanger human health may be decided on in accordance with the procedure referred to in Article 16;
Whereas according to Article 8 (3) of Directive 72/461/EEC it may be decided, in accordance with the procedure referred to in Article 9, that the measures taken by Member States where there is a danger that animal diseases may be spread by the introduction into its territory of fresh meat from another Member State, should be amended, mainly to ensure coordination with those adopted by other Member States, or abolished;
Whereas several cases of bovine spongiform encephalopathy have occurred among cattle in the United Kingdom; whereas on 28 July 1989, in order to prevent any risk for bovine animals of other Member States, the Commission adopted Decision 89/469/EEC concerning certain protection measures relating to bovine spongiform encephalopathy in the United Kingdom (4), as amended by Decision 90/59/EEC (5);
Whereas some Member States have taken measures concerning fresh meat originating from the United Kingdom in order to avoid the risk of spreading of BSE;
Whereas the authorities of the United Kingdom, in order in addition to avoid the minimal risk for consumers, have taken some measures including banning the use for human consumption of certain tissues and organs of bovine origin; whereas it is opportune to take measures for tissues and organs for uses other than human consumption;
Whereas in order to take into account the development of the situation in the United Kingdom concerning BSE, it is opportune to harmonize the measures taken by the Member States;
Whereas the Commission will follow developments in the situation; 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
All bovine animals which, at ante mortem examination performed in accordance with Chapter V of Annex I to Directive 64/433/EEC, show clinical suspicion of BSE shall be retained and slaughtered separately, and their brain shall be examined histologically for evidence of BSE. If BSE is confirmed their carcasses and offal shall be destroyed.
Article 2
1. The United Kingdom shall not send from its territory to that of other Member States:
(a) the following tissues and organs derived from bovine animals aged more than six months at slaughter:
- brains, spinal cord, thymus, tonsils, spleen, intestines.
(b) the following tissues and organs derived from bovine animals for uses other than human consumption:
- tissues and organs refereed to in point a,
- placental tissue,
- cell cultures of bovine origin,
- serum and foetal calf serum,
- pancreas, surrenal glands, testicles, ovaries and hypophisis.
- other lymphoid tissues.
2. However, the provisions of paragraph 1 (b) shall not apply to cattle born outside the United Kingdom and subsequently introduced into the United Kingdom after 18 July 1988 or to tissues and organs derived from cattle slaughtered outside the United Kingdom.
Article 3
Member States shall amend the measures which apply to trade so as to bring them into compliance with this Decision. They shall inform the Commission thereof.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 9 April 1990. | [
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Directive 2001/81/EC of the European Parliament and of the Council
of 23 October 2001
on national emission ceilings for certain atmospheric pollutants
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 regard to the Opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved by the Conciliation Committee on 2 August 2001,
Whereas:
(1) The general approach and strategy of the Fifth Environmental Action Programme was approved by the Resolution of 1 February 1993 of the Council and the Representatives of the Governments of the Member States meeting within the Council on a Community programme of policy and action in relation to the environment and sustainable development(5) and it sets as objectives that critical loads and levels for acidification in the Community are not to be exceeded. The programme requires that all people should be effectively protected against health risks from air pollution and that permitted levels of pollution should take account of the protection of the environment. The programme also requires that guideline values from the World Health Organisation (WHO) should become mandatory at Community level.
(2) The Member States have signed the Gothenburg Protocol of 1 December 1999 to the United Nations Economic Commission for Europe (UNECE) Convention on long-range transboundary air pollution to abate acidification, eutrophication and ground-level ozone.
(3) Decision No 2179/98/EC of the European Parliament and of the Council of 24 September 1998 on the review of the European Community programme of policy and action in relation to the environment and sustainable development "Towards sustainability"(6) specified that particular attention should be given to developing and implementing a strategy with the goal of ensuring that critical loads, in relation to exposure to acidifying, eutrophying and photochemical air pollutants, are not exceeded.
(4) Council Directive 92/72/EEC of 21 September 1992 on air pollution by ozone(7) requires the Commission to submit to the Council a report on the evaluation of photochemical pollution in the Community, accompanied by any proposals the Commission deems appropriate on the control of air pollution by ground-level ozone and, if necessary, on reducing emissions of ozone precursors.
(5) Significant areas of the Community are exposed to depositions of acidifying and eutrophying substances at levels which have adverse effects on the environment. The WHO guideline values for the protection of human health and vegetation from photochemical pollution are substantially exceeded in all Member States.
(6) The exceedance of critical loads should therefore be gradually eliminated and guideline levels respected.
(7) At present it is not technically feasible to meet the long-term objectives of eliminating the adverse effects of acidification and reducing exposure to ground-level ozone of man and the environment to the guideline values established by the WHO. It is therefore necessary to provide for interim environmental objectives for acidification and ground-level ozone pollution, on which the necessary measures to reduce such pollution are to be based.
(8) Interim environmental objectives and the measures to meet them should take account of technical feasibility and the associated costs and benefits. Such measures should ensure that any action taken is cost-effective for the Community as a whole and should take account of the need to avoid excessive costs for any individual Member State.
(9) Transboundary pollution contributes to acidification, soil eutrophication and ground-level ozone formation, the abatement of which requires coordinated Community action.
(10) Reducing emissions of the pollutants causing acidification and exposure to ground-level ozone will also reduce soil eutrophication.
(11) A set of national ceilings for each Member State for emissions of sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia is a cost-effective way of meeting interim environmental objectives. Such emission ceilings will allow the Community and the Member States flexibility in determining how to comply with them.
(12) Member States should be responsible for implementing measures to comply with national emission ceilings. It will be necessary to evaluate progress towards compliance with the emission ceilings. National programmes for the reduction of emissions should therefore be drawn up and reported on to the Commission and should include information on the measures adopted or envisaged to comply with the emission ceilings.
(13) In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty and taking account, in particular, of the precautionary principle, the objective of this Directive, namely limitation of emissions of acidifying and eutrophying pollutants and ozone precursors, cannot be sufficiently achieved by the Member States because of the transboundary nature of the pollution and can therefore be better achieved by the Community; in accordance with the principle of proportionality this Directive does not go beyond what is necessary to achieve that purpose.
(14) There should be a timely review of the progress made by Member States towards the emission ceilings, as well as a review of the extent to which implementing the ceilings is likely to meet interim environmental objectives, for the Community as a whole. Such review should consider also scientific and technical progress, developments in Community legislation and emission reductions outside the Community with special regard to progress made inter alia by the accession candidate countries. In that review, the Commission should undertake a further examination of the costs and benefits of the emission ceilings, including their cost-effectiveness, marginal costs and benefits and socio-economic impact and any impact on competitiveness. The review should also consider the limitations on the scope of this Directive.
(15) The Commission should for this purpose prepare a report to the European Parliament and the Council and, if it considers it necessary, propose appropriate amendments to this Directive taking account of the effects of any relevant Community legislation inter alia setting emission limits and product standards for relevant sources of emissions and international regulations concerning ship and aircraft emissions.
(16) Sea transport is a significant contributor to emissions of sulphur dioxide and nitrogen oxides and also to concentrations and depositions of air pollutants in the Community. Such emissions should therefore be reduced. Article 7(3) of Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC(8) requires the Commission to consider which measures could be taken to reduce the contribution to acidification of the combustion of marine fuels other than those specified in Article 2(3) of that Directive.
(17) Member States should seek to ratify Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) as soon as possible.
(18) Owing to the transboundary nature of acidification and ozone pollution, the Commission should continue to examine further the need to develop harmonised Community measures, without prejudice to Article 18 of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(9), with the aim of avoiding distortion of competition, and taking into account the balance between benefits and cost of action.
(19) The provisions of this Directive should apply without prejudice to the Community legislation regulating emissions of those pollutants from specific sources and to the provisions of Council Directive 96/61/EC in relation to emission limit values and use of best available techniques.
(20) Emission inventories are necessary to monitor progress towards compliance with the emission ceilings and must be calculated in accordance with internationally agreed methodology and reported on regularly to the Commission and the European Environment Agency (EEA).
(21) Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive.
(22) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10).
(23) The Commission and Members States should cooperate internationally with a view to achieving the objectives of this Directive,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objective
The aim of this Directive is to limit emissions of acidifying and eutrophying pollutants and ozone precursors in order to improve the protection in the Community of the environment and human health against risks of adverse effects from acidification, soil eutrophication and ground-level ozone and to move towards the long-term objectives of not exceeding critical levels and loads and of effective protection of all people against recognised health risks from air pollution by establishing national emission ceilings, taking the years 2010 and 2020 as benchmarks, and by means of successive reviews as set out in Articles 4 and 10.
Article 2
Scope
This Directive covers emissions in the territory of the Member States and their exclusive economic zones from all sources of the pollutants referred to in Article 4 which arise as a result of human activities.
It does not cover:
(a) emissions from international maritime traffic;
(b) aircraft emissions beyond the landing and take-off cycle;
(c) for Spain, emissions in the Canary Islands;
(d) for France, emissions in the overseas departments;
(e) for Portugal, emissions in Madeira and the Azores.
Article 3
Definitions
For the purposes of this Directive:
(a) "AOT 40" means the sum of the difference between hourly concentrations of ground-level ozone greater than 80 μg/m3 (= 40 ppb) and 80 μg/m3 during daylight hours accumulated from May to July each year;
(b) "AOT 60" means the sum of the difference between hourly concentrations of ground-level ozone greater than 120 μg/m3 (=60 ppb) and 120 μg/m3 accumulated throughout the year;
(c) "critical load" means a quantitative estimate of an exposure to one or more pollutants below which significant adverse effects on specified sensitive elements of the environment do not occur, according to present knowledge;
(d) "critical level" means the concentration of pollutants in the atmosphere above which direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur, according to present knowledge;
(e) "emission" means the release of a substance from a point or diffuse source into the atmosphere;
(f) "grid cell" means a square 150 km x 150 km, which is the resolution used when mapping critical loads on a European scale, and also when monitoring emissions and depositions of air pollutants under the Cooperative Programme for Monitoring and Evaluation of the long-range Transmission of Air Pollutants in Europe (EMEP);
(g) "landing and take-off cycle" means a cycle represented by the following time in each operating mode: approach 4,0 minutes; taxi/ground idle 26,0 minutes, take-off 0,7 minutes; climb 2,2 minutes;
(h) "national emission ceiling" means the maximum amount of a substance expressed in kilotonnes, which may be emitted from a Member State in a calendar year;
(i) "nitrogen oxides" and "NOx" mean nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide;
(j) "ground-level ozone" means ozone in the lowermost part of the troposphere;
(k) "volatile organic compounds" and "VOC" mean all organic compounds arising from human activities, other than methane, which are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight.
Article 4
National emission ceilings
1. By the year 2010 at the latest, Member States shall limit their annual national emissions of the pollutants sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOC) and ammonia (NH3) to amounts not greater than the emission ceilings laid down in Annex I, taking into account any modifications made by Community measures adopted following the reports referred to in Article 9.
2. Member States shall ensure that the emission ceilings laid down in Annex I are not exceeded in any year after 2010.
Article 5
Interim environmental objectives
The national emission ceilings in Annex I shall have as their purpose to meet broadly the following interim environmental objectives, for the Community as a whole, by 2010:
(a) Acidification
The areas where critical loads are exceeded shall be reduced by at least 50 % (in each grid cell) compared with the 1990 situation.
(b) Health-related ground-level ozone exposure
The ground-level ozone load above the critical level for human health (AOT60=0) shall be reduced by two-thirds in all grid cells compared with the 1990 situation. In addition, the ground-level ozone load shall not exceed an absolute limit of 2,9 ppm.h in any grid cell.
(c) Vegetation-related ground-level ozone exposure
The ground-level ozone load above the critical level for crops and semi-natural vegetation (AOT40=3 ppm.h) shall be reduced by one-third in all grid cells compared with the 1990 situation. In addition, the ground-level ozone load shall not exceed an absolute limit of 10 ppm.h, expressed as an exceedance of the critical level of 3 ppm.h in any grid cell.
Article 6
National programmes
1. Member States shall, by 1 October 2002 at the latest, draw up programmes for the progressive reduction of national emissions of the pollutants referred to in Article 4 with the aim of complying at least with the national emission ceilings laid down in Annex I by 2010 at the latest.
2. The national programmes shall include information on adopted and envisaged policies and measures and quantified estimates of the effect of these policies and measures on emissions of the pollutants in 2010. Anticipated significant changes in the geographical distribution of national emissions shall be indicated.
3. Member States shall update and revise the national programmes as necessary by 1 October 2006.
4. Member States shall make available to the public and to appropriate organisations such as environmental organisations the programmes drawn up in accordance with paragraphs 1, 2 and 3. Information made available to the public and to organisations under this paragraph shall be clear, comprehensible and easily accessible.
Article 7
Emission inventories and projections
1. Member States shall prepare and annually update national emission inventories and emission projections for 2010 for the pollutants referred to in Article 4.
2. Member States shall establish their emission inventories and projections using the methodologies specified in Annex III.
3. The Commission, assisted by the European Environment Agency, shall, in cooperation with the Member States and on the basis of the information provided by them, establish inventories and projections of the pollutants referred to in Article 4. The inventories and projections shall be made publicly available.
4. Any updating of the methodologies to be used in accordance with Annex III, shall be made in accordance with the procedure set out in Article 13(2).
Article 8
Reports by the Member States
1. Member States shall each year, by 31 December at the latest, report their national emission inventories and their emission projections for 2010 established in accordance with Article 7 to the Commission and the European Environment Agency. They shall report their final emission inventories for the previous year but one and their provisional emission inventories for the previous year. Emission projections shall include information to enable a quantitative understanding of the key socioeconomic assumptions used in their preparation.
2. Member States shall, by 31 December 2002 at the latest, inform the Commission of the programmes drawn up in accordance with Article 6(1) and (2).
Member States shall, by 31 December 2006 at the latest, inform the Commission of the updated programmes drawn up in accordance with Article 6(3).
3. The Commission shall forward the national programmes received to the other Member States within one month of their reception.
4. The Commission shall, in accordance with the procedure set out in Article 13(2), establish provisions to ensure consistent and transparent reporting of national programmes.
Article 9
Reports by the Commission
1. In 2004 and 2008 the Commission shall report to the European Parliament and the Council on progress on the implementation of the national emission ceilings laid down in Annex I and on the extent to which the interim environmental objectives set out in Article 5 are likely to be met by 2010 and on the extent to which the long-term objectives set out in Article 1 could be met by 2020. The reports shall include an economic assessment, including cost-effectiveness, benefits, an assessment of marginal costs and benefits and the socioeconomic impact of the implementation of the national emission ceilings on particular Member States and sectors. They shall also include a review of the limitations of the scope of this Directive as defined in Article 2 and an evaluation of the extent to which further emission reductions might be necessary in order to meet the interim environmental objectives set out in Article 5. They shall take into account the reports made by Member States pursuant to Article 8(1) and (2), as well as, inter alia:
(a) any new Community legislation which may have been adopted setting emission limits and product standards for relevant sources of emissions;
(b) developments of best available techniques in the framework of the exchange of information under Article 16 of Directive 96/61/EC;
(c) emission reduction objectives for 2008 for emissions of sulphur dioxide and nitrogen oxides from existing large combustion plants, reported by Member States pursuant to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(11);
(d) emission reductions and reduction commitments by third countries, with particular focus on measures to be taken in the accession candidate countries, and the possibility for further emission reductions in regions in the vicinity of the Community;
(e) any new Community legislation and any international regulations concerning ship and aircraft emissions;
(f) the development of transport and any further action to control transport emissions;
(g) developments in the field of agriculture, new livestock projections and improvements in emission reduction methods in the agricultural sector;
(h) any major changes in the energy supply market within a Member State and new forecasts reflecting the actions taken by Member States to comply with their international obligations in relation to climate change;
(i) assessment of the current and projected exceedances of critical loads and the WHO's guideline values for ground-level ozone;
(j) the possibility of identification of a proposed interim objective for reducing soil eutrophication;
(k) new technical and scientific data including an assessment of the uncertainties in:
(i) national emission inventories;
(ii) input reference data;
(iii) knowledge of the transboundary transport and deposition of pollutants;
(iv) critical loads and levels;
(v) the model used;
and an assessment of the resulting uncertainty in the national emission ceilings required to meet the interim environmental objectives mentioned in Article 5.
(l) whether there is a need to avoid excessive costs for any individual Member State;
(m) a comparison of model calculations with observations of acidification, eutrophication and ground-level ozone with a view to improving models;
(n) the possible use, where appropriate, of relevant economic instruments.
2. In 2012 the Commission shall report to the European Parliament and the Council on compliance with the ceilings in Annex I and on progress in relation to the interim environmental objectives in Article 5 and the long-term objectives set out in Article 1. Its report shall take account of the reports made by Member States pursuant to Article 8(1) and (2) as well as the matters listed in points (a) to (n) of paragraph 1.
Article 10
Review
1. The reports referred to in Article 9 shall take into account the factors listed in Article 9(1). In the light of these factors, of progress towards attaining the emission ceilings by the year 2010, of scientific and technical progress, and of the situation regarding progress towards attaining the interim objectives of this Directive and the long-term objectives of no exceedance of critical loads and levels and of WHO air quality guidelines for ozone, the Commission shall carry out a review of this Directive in preparation for each report.
2. In the review to be completed in 2004 an evaluation will be carried out of the indicative emission ceilings for the Community as a whole set out in Annex II. The evaluation of these indicative ceilings shall be a factor for consideration during analysis of further cost-effective actions that might be taken in order to reduce emissions of all relevant pollutants, with the aim of attaining the interim environmental objectives set out in Article 5, for the Community as a whole by 2010.
3. All reviews shall include a further investigation of the estimated costs and benefits of national emission ceilings, computed with state-of-the-art models and making use of the best available data to achieve the least possible uncertainty and taking also into account progress in the enlargement of the European Union, and of the merits of alternative methodologies, in the light of the factors listed in Article 9.
4. Without prejudice to Article 18 of Directive 96/61/EC, with the aim of avoiding distortion of competition, and taking into account the balance between benefits and costs of action, the Commission shall examine further the need to develop harmonised Community measures, for the most relevant economic sectors and products contributing to acidification, eutrophication and formation of ground-level ozone.
5. The reports referred to in Article 9 will, if appropriate, be accompanied by proposals for:
(a) modifications of the national ceilings in Annex I with the aim of meeting the interim environmental objectives of Article 5 and/or for modifications to those interim environmental objectives;
(b) possible further emission reductions with the aim of meeting, preferably by 2020, the long-term objectives of this Directive;
(c) measures to ensure compliance with the ceilings.
Article 11
Cooperation with third countries
To promote the achievement of the objective set out in Article 1, the Commission and Member States, as appropriate, shall, without prejudice to Article 300 of the Treaty, pursue bilateral and multilateral cooperation with third countries and relevant international organisations such as the United Nations Economic Commission for Europe (UNECE), the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), including through the exchange of information, concerning technical and scientific research and development and with the aim of improving the basis for the facilitation of emission reductions.
Article 12
Reports concerning ship and aircraft emission
1. By the end of 2002 the Commission shall report to the European Parliament and Council on the extent to which emissions from international maritime traffic contribute to acidification, eutrophication and the formation of ground-level ozone within the Community.
2. By the end of 2004 the Commission shall report to the European Parliament and Council on the extent to which emissions from aircraft beyond the landing and take-off cycle contribute to acidification, eutrophication and the formation of ground-level ozone within the Community.
3. Each report shall specify a programme of actions which could be taken at international and Community level as appropriate to reduce emissions from the sector concerned, as a basis for further consideration by the European Parliament and Council.
Article 13
Committee
1. The Commission shall be assisted by the Committee set up by Article 12 of Directive 96/62/EC, hereinafter referred to as "the Committee".
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
Article 14
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 15
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 27 November 2002. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law, which they adopt in the field covered by this Directive.
Article 16
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 17
Addressees
This Directive is addressed to the Member States.
Done at Luxembourg, 23 October 2001. | [
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Commission Regulation (EC) No 1769/2001
of 6 September 2001
concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1558/2001
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 4 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of barley to all third countries except the United States of America and Canada was opened pursuant to Commission Regulation (EC) No 1558/2001(5).
(2) Article 7 of Regulation (EC) No 1501/95, allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 31 August to 6 September 2001 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 1558/2001.
Article 2
This Regulation shall enter into force on 7 September 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 September 2001. | [
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COMMISSION REGULATION (EC) No 1078/2004
of 7 June 2004
fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1b of Regulation (EEC) No 700/88 for a fortnightly period shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 8 June 2004.
It shall apply from 9 to 22 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 June 2004. | [
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COUNCIL DIRECTIVE of 4 December 1980 on statistical returns in respect of carriage of goods by rail, as part of regional statistics (80/1177/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof,
Having regard to the draft Directive submitted by the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in order to carry out the tasks entrusted to it under the Treaty, the Commission must have at its disposal consistent, synchronized and regular statistical data on the scale and development of the carriage of goods by rail in the Member States ; whereas these data must be comparable both as between States and also with the data for other modes of transport and must refer to national, international and transit traffic;
Whereas, in view of the economic and environmental advantages of combined transport, the statistical data should distinguish separately such transport;
Whereas, in order to secure adequate information on the rail freight traffic market, such statistical data should distinguish between the main traffic relations;
Whereas the statistics already available in the different Member States on goods carriage should be further harmonized at Community level;
Whereas, in order to facilitate the implementation of the proposed provisions, certain time limits should be laid down for providing the necessary statistical information;
Whereas the Commission should submit a report in order to enable the Council to examine the extent to which the objectives of this Directive can be attained by using the statistical data submitted ; whereas it should therefore envisage the possibility of proposing improvements to the methods used in compiling these statistics ; whereas the Council, acting on a proposal from the Commission, should decide on the introduction of statistics on international traffic between regions and separate statistics on full train loads;
Whereas statistical data are necessary for ascertaining the scale and development of the carriage of goods ; whereas the Community should therefore, for an initial period, make a financial contribution to Member States in respect of the work involved, (1)OJ No C 85, 8.4.1980, p. 75. (2)OJ No C 300, 18.11.1980, p. 3.
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall compile statistics on the carriage of goods on the main railway networks in their territory open to public traffic.
2. For the purpose of this Directive, the following terms shall have the meanings hereinafter assigned to them: (a) main railway networks ; all the railway lines and installations operated by the following administrations:
SNCB/NMBS : Société nationale des Chemins de fer belges/Nationale Maatschappij der Belgische Spoorwegen, Belgium;
DSB : Danske Statsbaner, Denmark;
DB : Deutsche Bundesbahn, Federal Republic of Germany; PIC FILE= "T
SNCF : Société nationale des Chemins de fer français, France;
CIE : Coras Iompair Eireann, Ireland;
FS : Azienda Autonoma delle Ferrovie delle Stato, Italy;
CFL : Sociéte nationale des Chemins de fer luxembourgeois, Luxembourg;
NS : Naamloze Vennootschap Nederlandsche Spoorwegen, Netherlands;
BR : British Railways Board, United Kingdom;
NIR : Northern Ireland Railway Company, United Kingdom.
(b) Carriage of goods by rail ; the movement of goods using railway vehicles between the place of loading and the place of unloading.
3. This Directive shall also apply to the carriage of goods in railway vehicles which cover part of the journey by ferry.
4. This Directive shall not apply to the carriage of goods by rail: - as service traffic for non-commercial purposes;
- as passenger-accompanied luggage or cars;
- as mail on behalf of postal administrations.
5. The first statistics shall be compiled from 1 January 1982.
Article 2
1. The following particulars shall be recorded in respect of the carriage of goods on the main railway networks: (a) the weight of the goods in tonnes;
(b) the main traffic links, i.e.: - national traffic, where the goods are both loaded and unloaded within the same reporting Member State, irrespective of the route followed by the railway vehicle;
- international traffic, where the goods are either loaded or unloaded, but not both, in the reporting Member State, distinguishing between goods loaded and goods unloaded;
- transit traffic, where the goods pass through the reporting Member State without being loaded, unloaded or transhipped;
(c) the type of consignment: - full wagon or full train load : consignment of goods, including bulk consignment of smalls, for which the exclusive use of a wagon or train is charged, whether or not the load capacity is fully used;
- smalls : other consignments of goods, including express and other parcels;
(d) in respect of full wagon or full train loads: - the nature of the goods according to the groups shown in the left hand column of Annex I;
- for national traffic, the national regions of loading and unloading in accordance with the geographical classification given in Annex II;
- for international and transit traffic, the countries of loading and unloading, as listed in Annex III;
(e) the distance, in kilometres, covered on the main national railway networks.
2. The following additional particulars shall be established (on the basis of estimates where appropriate) in respect of combined transport on the main railway networks: (a) large containers, 6 71 m (20 feet) or more in external length: - the gross weight of the container and of the goods carried;
- the number of containers empty and loaded;
(b) road/rail carriage : lorries, trailers, semi-trailers (with or without tractor unit) and swop bodies: - the gross weight of goods transported, including the weight of the road vehicles,
- the number of railway wagons loaded.
Article 3
1. With the exception of information subject to statistical secrecy under national laws, the Member States shall communicate the statistical results to the Commission as soon as possible, and not later than four months after the end of the reference period involved. However, in the case of tables 1b, 5b, 6b and 7 in Annex IV the time limit shall be extended to eight months.
2. The results shall be submitted using tables modelled on the specimens set out in Annex IV.
3. Results which are processed by computer may be submitted in a machine-readable form of a type and format to be determined by the Commission in consultation with the Member States concerned.
Article 4
1. The Member States shall submit to the Commission, before 31 December 1981, a detailed description of the methods to be used for compiling the statistics with regard to the processing of data and the calculation of the figures for tonne-kilometres.
2. The Commission, in collaboration with the Member States, shall examine the methodological and technical problems involved in the compiling of the statistics in order to find solutions which make the data as consistent and comparable as possible.
Article 5
1. The Commission shall publish the appropriate statistical results.
2. Before 1 January 1985, the Commission shall submit to the Council a report on the experience acquired in the work carried out pursuant to this Directive, and shall propose any improvements necessary.
3. Within two years of the entry into force of this Directive, the Council, acting on a proposal from the Commission, shall decide on the introduction of statistics in respect of international traffic between regions and separate statistics on full train loads.
Article 6
For the first three years in which the statistical returns provided for in this Directive are made, a financial contribution towards the expenditure incurred by the Member States shall be granted to them within the limit of the appropriations set aside for this purpose under the budget of the European Communities.
Article 7
The Member States shall take the measures necessary to comply with this Directive not later than 1 January 1982.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 4 December 1980. | [
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COMMISSION REGULATION (EEC) No 21/81 of 1 January 1981 fixing the minimum buying-in price applicable in Greece for lemons delivered to industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece (1),
Having regard to Council Regulation (EEC) No 10/81 of 1 January 1981 fixing, in respect of fruit and vegetables, the general rules for implementing the 1979 Act of Accession (2), and in particular Article 9 thereof,
Whereas the prices paid in Greece under the previous national system for lemons intended for processing would result in fixing a minimum price exceeding the common price ; whereas pursuant to Article 8 (2) of Council Regulation (EEC) No 10/81, the common minimum price should be definitively adopted for Greece ; whereas, accordingly, the financial compensation for processed products based on lemons, applicable in Greece, is to be that for the Community of Nine;
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 minimum buying in price laid down in Regulation (EEC) No 1035/77 shall be, for lemons produced in Greece, the common minimum price.
Article 2
This Regulation shall enter into force on 1 January 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 January 1981. | [
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Regulation (EC) No 138/2004 of the European Parliament and of the Council
of 5 December 2003
on the economic accounts for agriculture in the Community
(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 285(1) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(1),
Whereas:
(1) The monitoring and evaluation of the common agricultural policy requires comparable, up-to-date and reliable information on the economic situation of agriculture, and more specifically on changes in agricultural income.
(2) Agricultural accounts are a basic tool for analysing the economic situation of a country's agriculture, provided that they are drawn up on the basis of a single set of principles. Agricultural accounts also make a valuable contribution to the calculation of the national accounts.
(3) The economic accounts for agriculture are compiled in accordance with the basic concepts and rules of Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community(2).
(4) Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics(3) provides a reference framework for this Regulation.
(5) Since the objective of the proposed action, namely the creation of common statistical standards which will allow the production of harmonised data, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale 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 Regulation does not go beyond what is necessary in order to achieve that objective.
(6) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4).
(7) The Standing Committee on Agricultural Statistics and the Statistical Programme Committee have been informed,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter
1. This Regulation sets up the economic accounts for agriculture in the Community (hereinafter referred to as "EAA"), by providing for:
(a) an EAA methodology (common standards, definitions, classifications and accounting rules), intended to be used for compiling accounts on comparable bases for the purposes of the Community, and for the transmission of data in accordance with Article 3;
(b) time limits for the transmission of the agricultural accounts compiled in accordance with the EAA methodology.
2. This Regulation shall not oblige any Member State to use the EAA methodology in compiling agricultural accounts for its own purposes.
Article 2
Methodology
1. The EAA methodology referred to in Article 1(1)(a) is set out in Annex I.
2. The EAA methodology shall be updated in accordance with the procedure referred to in Article 4(2).
Article 3
Transmission to the Commission
1. The Member States shall transmit to the Commission (Eurostat) the data set out in Annex II within the time limits specified for each table.
2. The first transmission of data shall take place in November 2003.
3. The list of variables and the time limits for the transmission of data set out in Annex II shall be updated in accordance with the procedure referred to in Article 4(2).
Article 4
Committee pocedure
1. The Commission shall be assisted by the Standing Committee on Agricultural Statistics.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 5
Final provision
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, 5 December 2003. | [
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Commission Regulation (EC) No 1607/2003
of 12 September 2003
amending for the 22nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan(1), as last amended by Commission Regulation (EC) No 1456/2003(2), and in particular Article 7(1), first indent, thereof,
Whereas:
(1) Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2) On 12 August and 9 September 2003, the Sanctions Committee decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Therefore, Annex I should be amended accordingly.
(3) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 September 2003. | [
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Commission Regulation (EC) No 1759/2002
of 2 October 2002
prohibiting fishing for horse mackerel by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3), lays down quotas for horse mackerel for 2002.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of horse mackerel in the waters of ICES division IIa (EC waters), North Sea, by vessels flying the flag of France or registered in France have exhausted the quota allocated for 2002. France has prohibited fishing for this stock from 10 September 2002. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of horse mackerel in the waters of ICES division IIa (EC waters), North Sea, by vessels flying the flag of France or registered in France are hereby deemed to have exhausted the quota allocated to France for 2002.
Fishing for horse mackerel in the waters of ICES division IIa (EC waters), North Sea, by vessels flying the flag of France or registered in France is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 10 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 October 2002. | [
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COMMISSION REGULATION (EC) No 18/2008
of 10 January 2008
fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007
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 markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar for the 2007/08 marketing year (2) requires the issuing of partial invitations to tender.
(2)
Pursuant to Article 8(1) of Regulation (EC) No 900/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 10 January 2008, it is appropriate to fix a maximum export refund for that partial invitation to tender.
(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 partial invitation to tender ending on 10 January 2008, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 900/2007 shall be 35,033 EUR/100 kg.
Article 2
This Regulation shall enter into force on 11 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 January 2008. | [
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COMMISSION REGULATION (EC) No 582/96 of 1 April 1996 fixing the maximum bying-in price and the quantities of beef bought in for the 156th partial invitation to tender as a general intervention measure pursuant to Regulation (EEC) No 1627/89
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 2417/95 (2), and in particular Article 6 (8) thereof,
Whereas, pursuant to Commission Regulation (EEC) No 2456/93 of 1 September 1993 laying down detailed rules for the application of Council Regulation (EEC) No 805/68 as regards the general and special intervention measures for beef (3), as last amended by Regulation (EC) No 307/96 (4), an invitation to tender was opened by Article 1 (1) of Commission Regulation (EEC) No 1627/89 of 9 June 1989 on the buying in of beef by invitation to tender (5), as last amended by Regulation (EC) No 16/96 (6);
Whereas, in accordance with Article 13 (1) of Regulation (EEC) No 2456/93, a maximum buying-in price is to be fixed for quality R 3, where appropriate, for each partial invitation to tender in the light of the tenders received; whereas in accordance with Article 13 (2) of that Regulation, a decision may be taken not to proceed with the tendering procedure; whereas, in accordance with Article 14 of that Regulation, only tenders lower than or equal to the maximum price are to be accepted, without, however, exceeding the average national or regional market price plus the amount mentioned in paragraph 1;
Whereas after examination of the tenders submitted for the 156th partial invitation to tender and taking account, pursuant to Article 6 (1) of Regulation (EEC) No 805/68, of the requirements for reasonable support of the market and the seasonal trend in slaughterings and prices, it has been decided to fix the maximum buying in price and the quantities which may be accepted into intervention;
Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
For 156th partial invitation to tender opened by Article 1 (1) of Regulation (EEC) No 1627/89. For category C, in the Member States or regions of Member States which meet the conditions laid down in Article 6 (2) of Regulation (EEC) No 805/68 for category C:
- The maximum buying-in price is hereby fixed at ECU 245 per 100 kilograms of carcases or half-carcases of quality R 3,
- the maximum quantity of carcases or half-carcases accepted is hereby fixed at 140 tonnes.
Article 2
This Regulation shall enter into force on 2 April 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 April 1996. | [
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COMMISSION DECISION of 21 March 1996 amending the information contained in the list in the Annex to Commission Regulation (EC) No 160/96 establishing, for 1996, the list of vessels exceeding eight metres length overall and permitted to fish for sole within certain areas of the Community using beam trawls whose aggregate length exceeds nine metres (96/245/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (1), as last amended by Regulation (EC) No 3071/95 (2),
Having regard to Commission Regulation (EEC) No 3554/90 of 10 December 1990 adopting provisions for the establishment of the list of vessels exceeding eight metres overall which are permitted to fish for sole within certain areas of the Community using beam trawls of an aggregate length exceeding nine metres (3), as amended by Regulation (EC) No 3407/93 (4), and in particular Article 2 thereof,
Whereas Commission Regulation (EC) No 160/96 (5) establishes, for 1996, the list of vessels exceeding eight metres overall which are permitted to fish for sole within certain areas of the Community using beam trawls of an aggregate length exceeding nine metres as provided in Article 9 (3) (c) of Regulation (EEC) No 3094/86;
Whereas the authorities of the Member States concerned have applied for the information in the list provided for in Article 9 (3) (c) of Regulation (EEC) No 3094/86 to be amended; whereas the said authorities have provided all the information supporting their applications pursuant to Article 2 of Regulation (EEC) No 3554/90; whereas it has been found that the information complies with the requirements and whereas, therefore, the information in the list annexed to the Regulation should be amended,
HAS ADOPTED THIS DECISION:
Article 1
The information in the list annexed to Regulation (EC) No 160/96 is amended as shown in the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 21 March 1996. | [
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COMMISSION REGULATION (EEC) No 3270/91 of 8 November 1991 making imports of Atlantic salmon subject to observance of the minimum price
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (1), as last amended by Regulation (EEC) No 3571/90 (2), and in particular Article 24 (2) thereof,
Whereas, in view of the risk of a disturbance of the Community market caused by imports of Atlantic salmon, the Commission adopted Regulation (EEC) No 1658/91 establishing arrangements for retrospective Community surveillance in respect of imports of Atlantic salmon (3);
Whereas these arrangements have revealed that Community imports of Atlantic salmon falling within CN codes ex 0302 12 00 and ex 0303 22 00 have been taking place at abnormally low prices; whereas the Community market in these products is liable in consequence to be severely disrupted thus jeopardizing the objectives of Article 39 of the Treaty, in particular with regard to producers earnings;
Whereas, given the foreseeable volume of imports and their prices, there is reason to fear that this situation will persist or become worse in the coming months; whereas, in order to avoid this prospect, imports of the products in question should be made subject to observance of a minimum import price,
HAS ADOPTED THIS REGULATION:
Article 1
1. The release for free circulation in the Community of Atlantic salmon falling within CN codes ex 0302 12 00 and ex 0303 22 00 shall be subject to the condition that the free-at-frontier price must be no less than the minimum import price given in the Annex hereto.
2. This Regulation shall not apply to products which are proved, on its entry into force, to have already left the supplier country and to have no possible destination other than the Community.
3. Interested parties shall furnish proof, to the satisfaction of the competent customs authorities, by means of all customs and transport documents, that the conditions referred to in paragraph 1, or, where appropriate, those referred to in paragraph 2, have been met.
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 until 29 February 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 November 1991. | [
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COMMISSION REGULATION (EC) No 627/2009
of 16 July 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 17 July 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 2009. | [
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Commission Regulation (EC) No 1828/2002
of 14 October 2002
prohibiting fishing for cod by vessels flying the flag of Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3), lays down quotas for cod for 2002.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of cod in the waters of ICES division I, II (Norwegian waters) by vessels flying the flag of Portugal or registered in Portugal have exhausted the quota allocated for 2002. Portugal has prohibited fishing for this stock from 2 September 2002. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of cod in the waters of ICES division I and II (Norwegian waters) by vessels flying the flag of Portugal or registered in Portugal are hereby deemed to have exhausted the quota allocated to Portugal for 2002.
Fishing for cod in the waters of ICES division I and II (Norwegian waters) by vessels flying the flag of Portugal or registered in Portugal is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 2 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 October 2002. | [
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COMMISSION DECISION of 20 July 1994 determining the control procedure under Council Regulation (EEC) No 259/93 as regards certain shipments of waste to certain non-OECD countries (Text with EEA relevance) (94/575/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (1), and in particular Article 17 (3) thereof,
Whereas Article 1 (3) (a) of Regulation (EEC) No 259/93 excludes from the scope of application of the Regulation shipments of waste destined for recovery only and listed in Annex II thereto, except as provided for by, inter alia, Article 17 (1), (2) and (3);
Whereas in accordance with Article 17 (1) the Commission has notified to every country to which the OECD Council Decision of 30 March 1992 on the control of transfrontier movements of wastes destined for recovery operations does not apply the list of waste included in Annex II to Regulation (EEC) No 259/93, and has requested confirmation that such waste is not subject to control in the country of destination or has asked that such country indicate where such waste should be subject to the control procedures which apply to waste listed in Annex III or IV to the Regulation, or to the procedure laid down in Article 15 thereof;
Whereas certain countries have indicated that such waste should be subject to one of those control procedures;
Whereas the Commission has notified those cases to the Committee established pursuant to Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (2), as last amended by Directive 91/692/EEC (3);
Whereas under Article 17 (3), where such waste is subject to control in the country of destination or upon request of such a country exports of such waste to that country shall be subjected to control;
Whereas the Commission is required to determine, in consultation with the country of destination, which of the control procedures shall apply,
HAS ADOPTED THIS DECISION:
Article 1
1. The control procedure applicable to wastes listed in Annex III to Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex A to this Decision with respect to those categories of waste listed in Annex II to the aforesaid Regulation which are also set out in Annex A.
2. The control procedure applicable to wastes listed in Annex IV to Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex B to this Decision with respect to those categories of waste listed in Annex II to the aforesaid Regulation which are also set out in Annex B.
3. The control procedure laid down in Article 15 of Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex C to this Decision with respect to those categories of waste listed in Annex II to the aforesaid Regulation which are also set out in Annex C.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 20 July 1994. | [
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Commission Regulation (EC) No 381/2004
of 1 March 2004
fixing the minimum selling prices for beef put up for sale under the first invitation to tender referred to in Regulation (EC) No 276/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 28(2) thereof,
Whereas:
(1) Tenders have been invited for certain quantities of beef fixed by Commission Regulation (EC) No 276/2004 on periodical sales by tender of beef(2).
(2) Pursuant to Article 9 of Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies and repealing Regulation (EEC) No 216/69(3), the minimum selling prices for meat put up for sale by tender should be fixed, taking into account tenders submitted.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
The minimum selling prices for beef for the first invitation to tender held in accordance with Regulation (EC) No 276/2004 for which the time limit for the submission of tenders was 23 February 2004 are as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 2 March 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 March 2004. | [
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COUNCIL DECISION
of 28 May 2004
on a Community Position concerning a Decision of the EU and the former Yugoslav Republic of Macedonia Stabilisation and Association Council adopting its Rules of Procedure including the Rules of Procedure of the Stabilisation and Association Committee
(2004/683/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community (Euratom),
Having regard to Council and Commission Decision 2004/239/EC, Euratom (1) of 23 February 2004 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, and in particular Article 2(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Article 108 of the Stabilisation and Association Agreement establishes a Stabilisation and Association Council.
(2)
Article 112 of the said Agreement provides that the Stabilisation and Association Council shall be assisted by a Stabilisation and Association Committee.
(3)
Article 109 of the said Agreement provides that the Stabilisation and Association Council shall adopt its own rules of procedures.
(4)
Article 110 of the said Agreement provides that the Stabilisation and Association Council shall, in its rules of procedure, determine the duties of the Stabilisation and Association Committee and that the Stabilisation and Association Council may delegate any of its powers to the Stabilisation and Association Committee,
HAS DECIDED AS FOLLOWS:
Sole Article
The position to be adopted by the Community within the Stabilisation and Association Council established by Article 108 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, in relation to the rules of procedures of the said Stabilisation and Association Council and to the delegation of its powers to the Stabilisation and Association Committee referred to in Article 110 of the said Agreement shall be based on the draft decision of the Stabilisation and Association Council, annexed to this Decision. Minor amendments to these draft decisions may be accepted without further decision of the Council.
Done at Brussels, 28 May 2004. | [
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COMMISSION REGULATION (EEC) No 3698/91 of 18 December 1991 on the sale at a price fixed in advance of unprocessed dried grapes to distillation industries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 1943/91 (2), and in particular Article 8 (7) thereof,
Having regard to Council Regulation (EEC) No 1206/90 of 7 May 1990 laying down general rules for the system of production aid for processed fruit and vegetables (3), as amended by Regulation (EEC) No 2202/90 (4), and in particular Article 6 (2) thereof,
Whereas Article 6 (2) of Commision Regulation (EEC) No 626/85 of 12 March 1985 on the purchasing, selling and storage of unprocessed dried grapes and figs by storage agencies (5), as last amended by Regulation (EEC) No 3601/90 (6), provides that products intended for specific uses shall be sold at prices fixed in advance or determined by an invitation to tender;
Whereas Commission Regulation (EEC) No 913/89 of 10 April 1989 on the sale of unprocessed dried grapes by storage agencies for the manufacture of alcohol (7) provides that unprocessed dried grapes may be sold at a price fixed in advance to distillation industries;
Whereas the Greek storage agencies are holding roughly 19 000 tonnes of unprocessed dried grapes from the 1989 harvest; whereas these products cannot find outlets for direct human consumption; whereas the products should be offered to the distillation industries;
Whereas the selling price should be fixed in such a way that disturbance of the Community market in alcohol and spirituous beverages is avoided;
Whereas the amount of the processing security provided for in Article 2 (2) of Regulation (EEC) No 913/89 should be fixed, taking into consideration the difference between the normal market price for dried grapes and the selling price fixed by this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for products processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Greek storage agencies listed in the Annex shall proceed to the sale of a maximum of 15 000 tonnes of sultanas from the 1989 harvest, in accordance with Regulations (EEC) No 626/85 and (EEC) No 913/89 at a price of ECU 8,3 per 100 kilograms net.
2. The processing security referred to in Article 2 (2) of Regulation (EEC) No 913/89 shall be ECU 15,715 per 100 kilograms net.
Article 2
1. Purchase applications must be lodged in writing with each Greek storage agency at the headquarters of the YDAGEP, 241 Acharnon Street, Athens, hereinafter referred to as the 'competent authority'.
2. Details of quantites and storage locations may be obtained by interested parties at the addresses given in the Annex.
Article 3
1. The competent authority shall ensure that the quantity referred to in Article 1 (1) is not exceeded.
2. The storage agencies shall notify the competent authority on a daily basis of the applications and quantities deemed acceptable under Article 8 (1) of Regulation (EEC) No 626/85. For this purpose, the said authority shall approve the purchase applications before acceptance.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1991. | [
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COMMISSION REGULATION (EC) No 1949/2004
of 11 November 2004
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 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,
Whereas:
(1)
Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade 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 within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2)
Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:
-
the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade,
-
marketing costs and the most favourable transport charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the market of the country of destination,
-
the aims of the common organisation of the market in milk and milk products which are to ensure equilibrium and the natural development of prices and trade on this market,
-
the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, and
-
the need to avoid disturbances on the Community market, and
-
the economic aspect of the proposed exports.
(3)
Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:
(a)
prices ruling on third-country markets;
(b)
the most favourable prices in third countries of destination for third-country imports;
(c)
producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries; and
(d)
free-at-Community-frontier offer prices.
(4)
Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.
(5)
Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.
(6)
In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products (2), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (3), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.
(7)
Commission Regulation (EEC) No 896/84 (4) laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.
(8)
For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.
(9)
It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds referred to in Article 31 of Regulation (EC) No 1255/1999 on products exported in the natural state shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 12 November 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 November 2004. | [
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COUNCIL REGULATION (EC) No 1542/95 of 29 June 1995 fixing the basic price and buying-in prices applicable in the fruit and vegetables sector for the 1995/96 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), and in particular Article 16 (1) thereof,
Having regard to Commission Regulation (EC) No 975/95 (2) and Council Regulation (EC) No 1225/95 of 29 May 1995 fixing the basic prices and buying-in prices of certain fruit and vegetables for the months of May and June 1995 (3),
Having regard to the proposal from the Commission (4),
Having regard to the opinion of the European Parliament (5),
Having regard to the opinion of the Economic and Social Committee (6),
Whereas, pursuant to Article 16 (1) of Regulation (EEC) No 1035/72, a basic price and a buying-in price are to be fixed for each marketing year for each of the products listed in Annex II to the said Regulation: whereas, in accordance with Article 1 (3) of the above Regulation, the marketing years for the products in question are as follows:
- for tomatoes and aubergines, from 1 January to 31 December,
- for apricots, from 1 May to 31 August,
- for peaches and nectarines, from 1 May to 31 October,
- for cauliflowers and table grapes, from 1 May to 30 April,
- for lemons and pears, from 1 June to 31 May,
- for apples, from 1 July to 30 June,
- for mandarins, satsumas and clementines, from 1 October to 15 May,
- for oranges, from 1 October to 15 July;
Whereas, however, pursuant to the third subparagraph of Article 16 (1) of Regulation (EEC) No 1035/72, no basic price or buying-in price need be fixed for the slack marketing periods at the beginning and at the end of the marketing year;
Whereas, when the basic and buying-in prices for fruit and vegetables are fixed, account has to be taken of the objectives of the common agricultural policy; whereas the objectives of the common agricultural policy are, in particular, to guarantee a fair standard of living for the farming community and to ensure that supplies are available and that they reach consumers at reasonable prices;
Whereas the basic prices must be fixed by reference to the trend in the average prices recorded during the three previous years on the most representative producer markets within the Community for a product of defined commercial characteristics, such as variety or type, quality class, size and packaging; whereas the buying-in prices must be fixed by reference to the basic price in accordance with Article 16 (3) of Regulation (EEC) No 1035/72,
HAS ADOPTED THIS REGULATION:
Article 1
The basic and buying-in prices for fruit and vegetables for the 1995/96 marketing year, the periods during which they apply and the standard qualities to which they refer shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 1995. | [
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