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Commission Regulation (EC) No 2102/2003
of 28 November 2003
fixing the maximum purchasing price for butter for the 84th invitation to tender carried out under the standing invitation to tender governed by Regulation (EC) No 2771/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 10 thereof,
Whereas:
(1) Article 13 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream(3), as last amended by Regulation (EC) No 359/2003(4), provides that, in the light of the tenders received for each invitation to tender, a maximum buying-in price is to be fixed in relation to the intervention price applicable and that it may also be decided not to proceed with the invitation to tender.
(2) As a result of the tenders received, the maximum buying-in price should be fixed as set out below.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the 84th invitation to tender issued under Regulation (EC) No 2771/1999, for which tenders had to be submitted not later than 25 November 2003, the maximum buying-in price is fixed at 295,38 EUR/100 kg.
Article 2
This Regulation shall enter into force on 29 November 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2003.
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*****
COUNCIL REGULATION (EEC) No 3211/89
of 23 October 1989
opening and providing for the administration of Community tariff quotas for some products originating in the Canary Islands (1990)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 2 and 4 of Protocol 2 annexed thereto,
Having regard to Council Regulation (EEC) No 1391/87 of 18 May 1987 concerning certain adjustments to the arrangements applied to the Canary Islands (1), and in particular Articles 2, 5 and 10 thereof,
Having regard to the proposal from the Commission,
Whereas by virtue of Articles 2 and 4 of Protocol 2 to the Act of Accession and Articles 2 and 5 of Council Regulation (EEC) No 1391/87, certain products falling within chapters 6, 7, 8 and 24 of the combined nomenclature and originating in the Canary Islands qualify on import into the customs territory of the Community for reduced duties within the limits of annual Community tariff quotas; whereas, concerning manufactured tobacco, this (duty-free) tariff preference applies to products of which there have been imports in the last five years and quota volumes calculated on the basis of Article 2 of the abovementioned Protocol; whereas the quota volumes amount to:
- 4 700 tonnes for certain live plants falling within Chapter 6 of the combined nomenclature,
- 87 500 000 pieces for fresh roses, carnations, orchids, gladioli and chrysanthemums, falling within CN codes 0603 10 11 to 0603 10 25 and within CN codes 0603 10 51 to 0603 10 65,
- 597 tonnes for other fresh flowers falling within CN codes 0603 10 29 and 0603 10 69,
- 6 642 tonnes for new potatoes falling within CN codes 0701 90 51 and 0701 90 59 for the period 1 January to 30 June,
- 173 000 tonnes of tomatoes falling within CN codes 0702 00 10 or 0702 00 90,
- 8 000 tonnes for onions falling within CN codes 0703 10 11 or 0703 10 19,
- 28 663 tonnes of cucumbers falling within CN codes 0707 00 11 or 0707 00 19,
- 1 300 tonnes for beans falling within CN codes 0708 20 10 or 0708 20 90,
- 3 819 tonnes of aubergines falling within CN code 0709 30 00,
- 16 605 tonnes for sweet peppers falling within CN code 0709 60 10,
- 100 tonnes of fresh table grapes falling within CN code ex 0806 10 15 (for the period 1 January to 31 March),
- 320,608 million units for cigars, cheroots and cigarrillos falling within CN code 2402 10 00 and manufactured in the Canary Islands, and
- 18 750 million units for cigarettes falling within CN code 2402 20 00 and manufactured in the Canary Islands;
Whereas for 1990, the duties applicable within the limits of those tariff quotas, but excluding the quotas for manufactured tobacco are calculated in accordance with the provisions of Article 75 of the Act of Accession; whereas, however, the products concerned qualify for exemption from import duties on impot into that part of Spain which is included in the customs territory of the Community; whereas, where the said products are imported into Portugal, the quota duties applicable are to be calculated in accordance with the relevant provisions of the Act of Accession;
Whereas, where the said products are released for free circulation in the remainder of the customs territory of the Community, they qualify for the progressive reduction ofcustoms duties according to the same timetable and under the same conditions as those provided for in Article 75 of the Act of Accession, for tomatoes, cucumbers, aubergines and fresh table grapes provided that the reference price system is cumplied with; whereas, in the case of fresh or chilled tomatoes and for 1990 only, Article 8 (2) of Regulation (EEC) No 1391/87 shall apply; whereas, to qualify for the tariff quotas, the products in question have to comply with certain marking and labelling conditions designed to prove their origin;
Whereas equal and continuous access to the quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all Member States until the quotas are exhausted; whereas the necessary measures should be taken to ensure efficient Community management of the tariff quotas, while allowing Member States to draw on the quota volume the
necessary quantities which correspond to importations actually made; whereas this type of management requires close cooperation between the Member States and the Commission;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation relating to the administration of the tariff quotas may be carried out by any of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. (a) The customs duties applicable to imports into the Community for the following products originating in the Canary Islands shall be suspended during the periods and at the levels indicated and within the limits of Community tariff quotas as follows:
1.2.3.4.5.6 // // // // // // // Order No // CN code // Description // Period // Amount of tariff quotas // Rate of duty (in %) // // // // // // // (1) // (2) // (3) // (4) // (5) // (6) // // // // // // // // // // // // // 09.0429 // 0601 10 90 // Other bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant: // // // // // 0602 10 90 // - - Other unrooted cuttings and slips // // // 3 // // // - Roses, whether or not budded or grafted: // // // // // // - - Roses neither budded nor grafted: // // // // // 0602 40 11 // - - - With stock of a diameter not exceeding 10 mm // // // 4,8 // // 0602 40 19 // - - - Other // // // 4,8 // // // - - Other: // // // // // 0602 99 45 // - - - - - - - - Rooted cottings and young plants // 1. 1. - 31. 12. // 4 700 tonnes // 4,8 // // 0602 99 49 // - - - - - - - - Other // // // 4,8 // // // - - - - - - Other outdoor plants: // // // // // 0602 99 51 // - - - - - - - Perennial plants // // // 4,8 // // 0602 99 59 // - - - - - - - Other // // // 4,8 // // // - - - - - Indoor plants: // // // // // 0602 99 70 // - - - - - - Rooted cuttings and young plants, excluding plants, escluding cacti: // // // // // 0602 99 99 // - - - - - - - Other // // // 4,8 // // // // // // // 09.0431 09.0433 // 0603 10 11 0603 10 13 0603 10 15 0603 10 21 0603 10 25 0603 10 51 0603 10 53 0603 10 55 0603 10 61 0603 10 65 0603 10 29 0603 10 69 // Roses, carnations, orchids, gladioli and chrysanthemums, fresh Other flowers // 1. 1. - 31. 12. // 87 500 000 pieces 597 tonnes // From 1 January to 31 May: 6,3 From 1 June to 1 October: 9 From 1 November to 31 December: 6,3 // // // // // // // 09.0413 // 0701 90 51 0701 90 59 // New potatoes // 1. 1. - 30. 6. // 6 642 tonnes // - From 1 January to 15 May: 5,6 - from 16 May to 30 June: 7,8 // // // // // // // // // // // // // Order No // CN code // Description // Period // Amount of tariff quotas // Rate of duty (in %) // // // // // // // (1) // (2) // (3) // (4) // (5) // (6) // // // // // // // // 09.0417 // 0702 00 10 0702 00 90 // Tomatoes, fresh or chilled // 1. 1. - 31. 12. // 173 000 tonnes // - from 1 January to 28 February: 1,9, min. 0,3 ECU/100 kg net - from 1 March to 14 May: 3,8, min. 0,7 ECU/100 kg/ net // // // // // // - from 15 May to 31 October: 6,3, min. 1,2 ECU/100 kg net // // // // // // - from 1 November to 31 December: 3,8, min. 0,7 ECU/100 kg net // // // // // // // 09.0425 // 0703 10 11 0703 10 19 // Onions, fresh or chilled // 1. 1. - 31. 12. // 8 000 tonnes // 6,5 // // // // // // // 09.0419 // 0707 00 11 0707 00 19 // Cucumbers // 1. 1. - 31. 12. // 28 663 tonnes // - from 1 January to 15 May: 5,6 - from 16 May to 31 October: 7 // // // // // // - from 1 November to 31 December: 5,6 // // // // // // // 09.0423 // 0708 20 10 0708 20 90 // - Beans (Phaseolus spp): - - from 1 October to 30 June - - from 1 July to 30 September // 1. 1. - 31. 12. // 1 300 tonnes // - from 1 January to 30 June: 7, min. 1,0 ECU/100 kg net - from 1 July to 30 September: 9,2, min. 1,0 ECU/100 kg net // // // // // // - from 1 October to 31 December: 7, min. 1,0 ECU/100 kg net // // // // // // // 09.0421 // 0709 30 00 // Aubergines // 1. 1. - 31. 12. // 3 819 tonnes // 5,6 // // // // // // // 09.0427 // 0709 60 10 // - - Sweet peppers // 1. 1. - 31. 12 // 16 605 tonnes // 3,4 // // // // // // // 09.0435 // ex 0806 10 15 // Fresh table grapes (1) // 1. 1. - 31. 3. // 100 tonnes // 3,1 // // // // // // // 09.0403 // 2402 10 00 // Cigars, cheroots and cigarillos manufactured in the Canary Islands // 1. 1. - 31. 12. // 320,608 million units // Free // // // // // // // 09.0401 // 2402 20 00 // Cigarettes, manufactured in the Canary Islands // 1. 1. - 31. 12. // 18 750 million units // Free // // // // // //
(1) Codes TARIC: 0806 10 15 * 40
0806 10 15 * 50 (b) Within the limits of these tariff quotas, the said products shall be exempt from customs duties on import into that part of Spain which is included in the customs territory of the Community and are not subject to compliance with the reference prices.
(c) Within the limits of these tariff quotas, the Portuguese Republic shall apply customs duties calculated according to the relevant provisions of the Act of Accession and the Regulations relating thereto.
2. On import into the Community except for that part of Spain which is included in the customs territory of the Community, fresh or chilled tomatoes, cucumbers and aubergines shall be subject to compliance with the system of reference prices. The provisions of Article 152 (2) (c) and (d) of the Act of Accession shall apply to these products.
However, in the case of fresh or chilled tomatoes and for 1990 only, Article 8 (2) of Regulation (EEC) No 1391/87 shall apply.
3. Without prejudice to the other provisions applicable as regards quality standards, products covered by this Regulation cannot qualify under the tariff quotas unless, when they are presented to the authorities responsible for the import formalities for the purposes of release into free circulation in the customs territory of the Community, they are presented in packaging which bears the words 'Canary Islands', or the equivalent thereof in another official Community language, in a clearly visible and prefectly legible form.
However, like plants and flowers originating in the Canary Islands shall be identified by means of the documents to be supplied by the importer to the abovementioned authorities.
Article 2
The tariff quotas referred to in Article 1 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.
Article 3
If an importer presents in a Member State a declaration of entry into free circulation, including a request for preferential benefit for a product covered by this Regulation, and if this request is accepted by the customs authorities, the Member State concerned shall draw, from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs.
The requests for drawing, with the indication of the date of acceptance of the said declarations, must be communicated to the Commission without delay.
The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota.
If the quantities requested are greater than the available balance of the tariff quota, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission of the drawings made.
Article 4
Each Member State shall ensure that importers of the products concerned have free access to the quotas for such times as the balance of the tariff quota so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 January 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 23 October 1989.
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COMMISSION DECISION
of 16 January 2006
concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., hybrid MON 863 × MON 810) genetically modified for resistance to corn rootworm and certain lepidopteran pests of maize
(notified under document number C(2005) 5980)
(Only the German text is authentic)
(2006/47/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (1), and in particular the first subparagraph of Article 18(1) thereof,
After consulting the European Food Safety Authority,
Whereas:
(1)
Pursuant to Directive 2001/18/EC, the placing on the market of a product containing or consisting of a genetically modified organism or a combination of genetically modified organisms is subject to written consent being granted by the competent authority of a Member State, in accordance with the procedure laid down in that Directive.
(2)
A notification concerning the placing on the market of two genetically modified maize products (Zea mays L., line MON 863 and hybrid MON 863 × MON 810) was submitted by Monsanto Europe S.A. to the competent authority of Germany (Reference C/DE/02/9). A unique identifier (MON-ØØ863-5×MON-ØØ81Ø-6) has been assigned to the MON 863 × MON 810 maize for the purposes of Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (2) and Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (3).
(3)
The notification originally covered importation and use as for any other maize grains including feed, with the exception of food use and cultivation in the Community of varieties derived from the MON 863 transformation event and of the MON 863 × MON 810 hybrid.
(4)
In accordance with the procedure provided for in Article 14 of Directive 2001/18/EC, the competent authority of Germany prepared an assessment report, which was forwarded in April 2003 to the Commission. The Commission forwarded the full notification and assessment report to the other Member States in May 2003. That assessment report concludes that no reasons have emerged on the basis of which consent for the placing on the market of MON 863 as well as MON 863 × MON 810 should be withheld, if specific conditions are fulfilled.
(5)
The competent authorities of other Member States raised objections to the placing on the market of MON 863 as well as MON 863 × MON 810.
(6)
The placing on the market of MON 810 maize is authorised in accordance with Commission Decision 98/294/EC of 22 April 1998 concerning the placing on the market of genetically modified maize (Zea mays L. line MON 810), pursuant to Council Directive 90/220/EEC (4). The placing on the market of MON 863 is authorised in accordance with Commission Decision 2005/608/EC of 8 August 2005 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a maize product (Zea mays L., line MON 863) genetically modified for resistance to corn rootworm (5).
(7)
On 2 April 2004, the European Food Safety Authority considered that it is scientifically valid to use the data from the single lines MON 863 and MON 810 to support the safety assessment of MON 863 × MON 810, but decided, with regard to the need for confirmatory data for the safety assessment of the hybrid itself, to request a 90-day sub-chronic rat study with the maize hybrid in order to complete its safety assessment.
(8)
The opinion adopted on 8 June 2005 by the European Food Safety Authority, concluded, from all evidence provided, that MON 863 × MON 810 is unlikely to have an adverse effect on human and animal health or the environment in the context of its proposed use. The European Food Safety Authority also deemed that the scope of the monitoring plan provided by the applicant was in line with the intended uses of MON 863 × MON 810.
(9)
On 8 July 2005, Monsanto Europe S.A. agreed to limit the scope of the present Decision to import and processing. An application for the placing on the market of food and feed containing, consisting of, or produced from MON 863 × MON 810 has been made by Monsanto Europe S.A. under Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (6).
(10)
An examination of the information submitted in the notification, the objections maintained by Member States in the framework of Directive 2001/18/EC, and the opinion of the European Food Safety Authority, discloses no reason to believe that the placing on the market of Zea mays L. hybrid MON 863 × MON 810 will adversely affect human or animal health or the environment.
(11)
Adventitious or technically unavoidable traces of genetically modified organisms in products are exempted from labelling and traceability requirements in accordance with thresholds established under Directive 2001/18/EC and Regulation (EC) No 1829/2003.
(12)
In the light of the opinion of the European Food Safety Authority, it is not necessary to establish specific conditions for the intended uses with regard to the handling or packaging of the product and the protection of particular ecosystems, environments or geographical areas.
(13)
Prior to the placing on the market of the product, the necessary measures to ensure its labelling and traceability at all stages of its placing on the market, including verification by appropriate validated detection methodology, should be applicable.
(14)
The measures provided for in this Decision are not in accordance with the opinion of the Committee established under Article 30 of Directive 2001/18/EC and the Commission therefore submitted to the Council a proposal relating to these measures. Since on the expiry of the period laid down in Article 30(2) of Directive 2001/18/EC, the Council had neither adopted the proposed measures nor indicated its opposition to them, in accordance with Article 5(6) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7), the measures should be adopted by the Commission,
HAS ADOPTED THIS DECISION:
Article 1
Consent
Without prejudice to other Community legislation, in particular Regulation (EC) No 258/97 of the European Parliament and of the Council (8) and Regulation (EC) No 1829/2003, written consent shall be granted by the competent authority of Germany to the placing on the market, in accordance with this Decision, of the product identified in Article 2, as notified by Monsanto Europe S.A. (Reference C/DE/02/9).
The consent shall, in accordance with Article 19(3) of Directive 2001/18/EC, explicitly specify the conditions to which the consent is subject, which are set out in Articles 3 and 4.
Article 2
Product
The genetically modified organisms to be placed on the market as or in products, hereinafter ‘the product’, are grains of maize (Zea mays L. MON 863 × MON 810), obtained by conventional breeding of MON 863 and MON 810. Descriptions of the MON 810 and MON 863 maizes are provided for in Decisions 98/294/EC and 2005/608/EC respectively.
Article 3
Conditions for placing on the market
The product may be put to the same uses as any other maize, with the exception of cultivation and uses as or in food and feed, and may be placed on the market subject to the following conditions:
(a)
the period of validity of the consent shall be 10 years starting from the date on which the consent is issued;
(b)
the unique identifier of the product shall be MON-ØØ863-5×MON-ØØ81Ø-6;
(c)
without prejudice to Article 25 of Directive 2001/18/EC, the consent holder shall, whenever requested to do so, make positive and negative control samples of the product, or its genetic material, or reference materials available to the competent authorities and inspection services of Member States as well as to the Community control laboratories;
(d)
without prejudice to specific labelling requirements provided by Regulation (EC) No 1829/2003 the words ‘This product contains genetically modified maize’ or ‘This product contains genetically modified MON 863 × MON 810’ shall appear either on a label or in a document accompanying the product, except where other Community legislation sets a threshold below which such information is not required;
(e)
as long as the product has not been authorised for the placing on the market for the purpose of cultivation, the words ‘not for cultivation’ shall appear either on a label or in a document accompanying the product.
Article 4
Monitoring
1. Throughout the period of validity of the consent, the consent holder shall ensure that the monitoring plan, contained in the notification and consisting of a general surveillance plan, the objective of which is to check for any adverse effects on human and animal health or the environment arising from handling or use of the product, is put in place and implemented.
2. The consent holder shall directly inform the operators and users concerning the safety and general characteristics of the product and of the conditions as to monitoring, including the appropriate management measures to be taken in case of accidental grain spillage.
3. The consent holder shall submit to the Commission and to the competent authorities of the Member States annual reports on the results of the monitoring activities.
4. Without prejudice to Article 20 of Directive 2001/18/EC the monitoring plan as notified shall, where appropriate and subject to the agreement of the Commission and the competent authority of the Member State which received the original notification, be revised by the consent holder and/or by the competent authority of the Member State which received the original notification, in the light of the results of the monitoring activities. Proposals for a revised monitoring plan shall be submitted to the competent authorities of the Member States.
5. The consent holder shall be in the position to give evidence to the Commission and the competent authorities of the Member States:
(a)
that the monitoring networks as specified in the monitoring plan contained in the notification collect the information relevant for the monitoring of the product, and
(b)
that the members of these networks have agreed to make available that information to the consent holder before the date of the submission of the monitoring reports to the Commission and competent authorities of the Member States in accordance with paragraph 3.
Article 5
Applicability
This Decision shall apply from the date on which a Community Decision authorising the placing on the market of the product referred to in Article 1 for uses as or in food and feed within the meaning of Regulation (EC) No 178/2002 of the European Parliament and of the Council (9) and including a method, validated by the Community reference laboratory, for detection of the product is applicable.
Article 6
Addressee
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 16 January 2006.
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COMMISSION REGULATION (EC) No 668/98 of 25 March 1998 providing for reallocation of import rights under Regulation (EC) No 1006/97 opening and providing for the administration of an import tariff quota for frozen beef intended for processing
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1006/97 of 4 June 1997 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 1997 to 30 June 1998) (1), as amended by Regulation (EC) No 260/98 (2), and in particular Article 6 (2) thereof,
Whereas Regulation (EC) No 1006/97 provides for the opening of a tariff quota for 50 700 tonnes of frozen beef intended for processing from 1 July 1997 to 30 June 1998; whereas Article 6 of that Regulation provides for the reallocation of unused import rights on the basis of the actual utilisation of import rights for A-products and B-products respectively by the end of February 1998,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities referred to in Article 6 (1) of Regulation (EC) No 1006/97 amount to 29 322 tonnes.
2. The breakdown referred to in Article 6 (2) of Regulation (EEC) No 1006/97 shall be as follows:
- 29 000 tonnes intended for A-products,
- 322 tonnes intended for B-products.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 March 1998.
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Commission Regulation (EC) No 1168/2002
of 28 June 2002
amending Regulation (EC) No 2533/2001 laying down detailed rules for the application in 2002 of the tariff quotas for beef and veal products originating in Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and the Federal Republic of Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's stabilisation and association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) No 1763/1999 and (EC) No 6/2000(1), as last amended by Commission Regulation (EC) No 2487/2001(2), and in particular Articles 4(2) and 6 thereof,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(3), as last amended by Commission Regulation (EC) No 2345/2001(4), and in particular Article 32(1) thereof,
Having regard to Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part and for applying the Interim Agreement between the European Community and the Republic of Croatia(5), and in particular Article 2 thereof,
Whereas:
(1) Article 4(2) of Commission Regulation (EC) No 2533/2001(6) provides for the Commission to revise the list of issuing authorities for certificates of authenticity under certain circumstances. That provision should be amended to harmonise it with other Regulations in force.
(2) The Federal Republic of Yugoslavia has designated the body authorised to issue certificates of authenticity. As a result, Annex V to Regulation (EC) No 2533/2001 should be amended to include that body.
(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
Regulation (EC) No 2533/2001 is amended as follows:
1. Article 4(2) is replaced by the following: "2. The list in Annex V may be revised by the Commission where the requirement referred to in paragraph 1(a) is no longer met, where an issuing authority fails to fulfil one or more of the obligations incumbent on it or where a new issuing authority is designated."
2. Annex V is replaced by 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 Communities.
Article 1(2) shall apply from 31 May 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 780/2007
of 3 July 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 July 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 July 2007.
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COMMISSION REGULATION (EC) No 3317/93 of 2 December 1993 on the sale by the procedure laid down in Regulation (EEC) No 2539/84 of bone-in beef held by certain intervention agencies and intended for export, and repealing Regulation (EC) No 3070/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 125/93 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2539/84 of 5 September 1984 laying down detailed rules for certain sales of frozen beef held by the intervention agencies (3), as last amended by Regulation (EEC) No 1759/93 (4), has provided for the possibility of applying a two-stage procedure when selling beef from intervention stocks;
Whereas certain intervention agencies hold stocks of bone-in intervention meat; whereas an extension of the period of storage for the meat bought in should be avoided on account of the ensuing high costs; whereas outlets exist in certain third countries for the products in question; whereas it is appropriate therefore to offer this meat for sale in accordance with Regulation (EEC) No 2539/84;
Whereas quarters from intervention stocks may in certain cases have been handled a number of times; whereas, in order to help with the presentation and marketing of such meat, its repackaging should be authorized, subject to the observance of precise conditions;
Whereas it is necessary to lay down a time limit for export of the said meat; whereas this time limit should be fixed by taking into account Article 5 (b) of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (5), as last amended by Regulation (EEC) No 2867/93 (6);
Whereas in order to ensure that beef sold is exported, the lodging of security, as specified at (a) of Article 5 (2) of Regulation (EEC) No 2539/84, should be required;
Whereas products held by intervention agencies and intended for export are subject to the provisions of Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention (7), as last amended by Regulation (EEC) No 1938/93 (8);
Whereas Commission Regulation (EC) No 3070/93 (9) should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. A sale shall be organized of approximately:
(a) 10 000 tonnes of bone-in beef held by the German intervention agency,
5 000 tonnes of bone-in beef held by the French intervention agency,
2 000 tonnes of bone-in beef held by the Italian intervention agency,
1 000 tonnes of bone-in beef held by the Irish intervention agency;
(b) 10 000 tonnes of bone-in beef, to be sold as 'compensated' quarters, held by the German intervention agency.
This meat shall be for export to the destinations indicated at 02 and 03 in footnote 7 to the Annex to Commission Regulation (EEC) No 1067/93 (10).
Subject to the provisions of this Regulation, the sale shall take place in accordance with the provisions of Regulations (EEC) No 2539/84 and (EEC) No 3002/92.
The provisions of Commission Regulation (EEC) No 985/81 (1) shall not apply to this sale. However, the competent authorities may allow bone-in forequarters and hindquarters, the packaging material of which is torn or soiled, to be placed in new packaging of the same type under their supervision before presentation for consignment at the customs office of departure.
2. Tenders submitted under paragraph 1 (b) must relate to an equal number of forequarters and hindquarters and must quote a single price per tonne for the whole quantity of bone-in meat covered by the tender.
3. The qualities and the minimum prices referred to in Article 3 (1) of Regulation (EEC) No 2539/84 are given in Annex I hereto.
4. Only those tenders shall be taken into consideration which reach the intervention agencies concerned not later than 12 noon on 9 December 1993.
5. Particulars of the quantities and the places where the products are stored shall be available to interested parties at the addresses given in Annex II.
Article 2
The products referred to in Article 1 must be exported within five months from the date of conclusion of the contract of sale.
Article 3
1. The security provided for in Article 5 (1) of Regulation (EEC) No 2539/84 shall be ECU 30 per 100 kilograms.
2. The security provided for in Article 5 (2) (a) of Regulation (EEC) No 2539/84 shall be ECU 300 per 100 kilograms.
Article 4
1. In respect of meat sold under this Regulation no export refund shall be granted.
On the removal order referred to in Article 3 (1) (b) of Regulation (EEC) No 3002/92, the export declaration, and, where appropiate, the T 5 control copy shall be entered:
Productos de intervención sin restitución [Reglamento (CE) no 3317/93];
Interventionsvarer uden restitution [Forordning (EF) nr. 3317/93];
Interventionserzeugnisse ohne Erstattung [Verordnung (EG) Nr. 3317/93];
Proionta paremvaseos choris epistrofi [Kanonismos (EK) arith. 3317/93];
Intervention products without refund [Regulation (EC) No 3317/93];
Produits d'intervention sans restitution [Règlement (CE) no 3317/93];
Prodotti d'intervento senza restituzione [Regolamento (CE) n. 3317/93];
Produkten uit interventievoorraden zonder restitutie [Verordening (EG) nr. 3317/93];
Produtos de intervençao sem restituiçao [Regulamento (CE) nº 3317/93].
2. With regard to the security provided for in Article 3 (2), compliance with the provisions of paragraph 1 shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (2).
Article 5
Regulation (EC) No 3070/93 is hereby repealed.
Article 6
This Regulation shall enter into force on 9 December 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 December 1993.
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COMMISSION DECISION of 9 November 1998 on additional Community financial aid towards the eradication of classical swine fever in Spain (notified under document number C(1998) 3357) (only the Spanish text is authentic) (98/649/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 3(3) thereof,
Whereas outbreaks of classical swine fever occurred in Spain in 1997; whereas the appearance of the disease represents a serious danger to Community pig stocks; whereas with a view to contributing towards the speedy eradication of the disease the Community is able to contribute to expenditure incurred by the Member States for losses suffered;
Whereas the Commission adopted Decision 98/63/EC (3) on Community financial aid towards the eradication of classical swine fever in Spain; whereas an initial tranche by way of an advance payment of ECU 4 million has been paid under that Decision;
Whereas on 8 June 1998 Spain presented an application for reimbursement of all the expenditure incurred within the country in 1997; whereas the available appropriations in the current financial year cannot cover all the eligible expenditure; whereas only an additional tranche of ECU 3 million can be granted at this stage;
Whereas further tranches may be granted at a later stage once the Commission has verified the information provided in the application for reimbursement;
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
Spain may obtain an additional tranche of ECU 3 million in financial assistance from the Community for eligible expenditure incurred under eradication measures relating to outbreaks of classical swine fever which occurred in the course of 1997.
Article 2
The amount of the tranche referred to in Article 1 shall be paid to Spain as soon as this Decision has been adopted.
Article 3
1. The Commission may make on-the-spot checks, with the cooperation of the competent national authorities, on the application of measures and expenditure in receipt of support.
The Commission shall inform the Member States of the result of the checks carried out.
2. Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (4) shall apply mutatis mutandis.
Article 4
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 9 November 1998.
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DIRECTIVE 1999/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 1999
on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 137 thereof,
Having regard to the proposal from the Commission(1), submitted after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work and the Safety and Health Commission for the Mining and Other Extractive Industries,
Having regard to the opinion of the Economic and Social Committee(2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure referred to in Article 251 of the Treaty, in the light of the joint text approved by the Conciliation Committee on 21 October 1999(3),
Whereas:
(1) Article 137 of the Treaty provides that the Council may adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers;
(2) Under the terms of that Article, those Directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;
(3) The improvement of occupational safety, hygiene and health is an objective which should not be subordinated to purely economic considerations;
(4) Compliance with the minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres is essential if workers' safety and health protection is to be ensured;
(5) This Directive is an individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4); therefore, the provisions of the said Directive, in particular those relating to worker information, to the consultation and participation of workers and to the training of workers, are also fully applicable to cases in which workers are potentially at risk from explosive atmospheres, without prejudice to more restrictive or specific provisions contained in this Directive;
(6) This Directive constitutes a practical step towards the achievement of the social dimension of the internal market;
(7) Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres(5) states that it is intended to prepare an additional Directive based on Article 137 of the Treaty covering, in particular, explosion hazards which derive from a given use and/or types and methods of installation of equipment;
(8) Explosion protection is of particular importance to safety; whereas explosions endanger the lives and health of workers as a result of the uncontrolled effects of flame and pressure, the presence of noxious reaction products and consumption of the oxygen in the ambient air which workers need to breathe;
(9) The establishment of a coherent strategy for the prevention of explosions requires that organisational measures complement the technical measures taken at the workplace; Directive 89/391/EEC requires the employer to be in possession of an assessment of the risks to workers' health and safety at work; this requirement is to be regarded as being specified by this Directive in that it provides that the employer is to draw up an explosion protection document, or set of documents, which satisfies the minimum requirements laid down in this Directive and is to keep it up to date; the explosion protection document includes the identification of the hazards, the evaluation of risks and the definition of the specific measures to be taken to safeguard the health and safety of workers at risk from explosive atmospheres, in accordance with Article 9 of Directive 89/391/EEC; the explosion protection document may be part of the assessment of the risks to health and safety at work required by Article 9 of Directive 89/391/EEC;
(10) An assessment of explosion risks may be required under other Community acts; whereas, in order to avoid unnecessary duplication of work, the employer should be allowed, in accordance with national practice, to combine documents, parts of documents or other equivalent reports produced under other Community acts to form a single "safety report";
(11) The prevention of the formation of explosive atmospheres also includes the application of the substitution principle;
(12) Coordination should take place when workers from several undertakings are present at the same workplace;
(13) Preventive measures must be supplemented if necessary by additional measures which become effective when ignition has taken place; maximum safety can be achieved by combining preventive measures with other additional measures limiting the detrimental effects of explosions on workers;
(14) Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(6) is fully applicable, in particular to places immediately contiguous to hazardous areas, where smoking, crosscutting, welding and other activities introducing flames or sparks may interact with the hazardous area;
(15) Directive 94/9/EC divides the equipment and protective systems which it covers into equipment groups and categories; this Directive provides for a classification by the employer of the places where explosive atmospheres may occur in terms of zones and determines which equipment and protective systems groups and categories should be used in each zone,
HAVE ADOPTED THIS DIRECTIVE:
SECTION I
GENERAL PROVISIONS
Article 1
Object and scope
1. This Directive, which is the 15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of workers potentially at risk from explosive atmospheres as defined in Article 2.
2. This Directive shall not apply to:
(a) areas used directly for and during the medical treatment of patients;
(b) the use of appliances burning gaseous fuels in accordance with Directive 90/396/EEC(7);
(c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;
(d) mineral-extracting industries covered by Directive 92/91/EEC(8) or Directive 92/104/EEC(9);
(e) the use of means of transport by land, water and air, to which the pertinent provisions of the international agreements (e.g. ADNR, ADR, ICAO, IMO, RID), and the Community Directives giving effect to those agreements, apply. Means of transport intended for use in a potentially explosive atmosphere shall not be excluded.
3. The provisions of Directive 89/391/EEC and the relevant individual Directives are fully applicable to the domain referred to in paragraph 1, without prejudice to more restrictive and/or specific provisions contained in this Directive.
Article 2
Definition
For the purposes of this Directive, "explosive atmosphere" means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture.
SECTION II
OBLIGATIONS OF THE EMPLOYER
Article 3
Prevention of and protection against explosions
With a view to preventing, within the meaning of Article 6(2) of Directive 89/391/EEC, and providing protection against explosions, the employer shall take technical and/or organisational measures appropriate to the nature of the operation, in order of priority and in accordance with the following basic principles:
- the prevention of the formation of explosive atmospheres, or where the nature of the activity does not allow that,
- the avoidance of the ignition of explosive atmospheres, and
- the mitigation of the detrimental effects of an explosion so as to ensure the health and safety of workers.
These measures shall where necessary be combined and/or supplemented with measures against the propagation of explosions and shall be reviewed regularly and, in any event, whenever significant changes occur.
Article 4
Assessment of explosion risks
1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC the employer shall assess the specific risks arising from explosive atmospheres, taking account at least of:
- the likelihood that explosive atmospheres will occur and their persistence,
- the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective,
- the installations, substances used, processes, and their possible interactions,
- the scale of the anticipated effects.
Explosion risks shall be assessed overall.
2. Places which are or can be connected via openings to places in which explosive atmospheres may occur shall be taken into account in assessing explosion risks.
Article 5
General obligations
To ensure the safety and health of workers, and in accordance with the basic principles of risk assessment and those laid down in Article 3, the employer shall take the necessary measures so that:
- where explosive atmospheres may arise in such quantities as to endanger the health and safety of workers or others, the working environment is such that work can be performed safely,
- in working environments where explosive atmospheres may arise in such quantities as to endanger the safety and health of workers, appropriate supervision during the presence of workers is ensured in accordance with the risk assessment by the use of appropriate technical means.
Article 6
Duty of coordination
Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters coming under his control.
Without prejudice to the individual responsibility of each employer as provided for in Directive 89/391/EEC, the employer responsible for the workplace in accordance with national law and/or practice shall coordinate the implementation of all the measures concerning workers' health and safety and shall state, in the explosion protection document referred to in Article 8, the aim of that coordination and the measures and procedures for implementing it.
Article 7
Places where explosive atmospheres may occur
1. The employer shall classify places where explosive atmospheres may occur into zones in accordance with Annex I.
2. The employer shall ensure that the minimum requirements laid down in Annex II are applied to places covered by paragraph 1.
3. Where necessary, places where explosive atmospheres may occur in such quantities as to endanger the health and safety of workers shall be marked with signs at their points of entry in accordance with Annex III.
Article 8
Explosion protection document
In carrying out the obligations laid down in Article 4, the employer shall ensure that a document, hereinafter referred to as the "explosion protection document", is drawn up and kept up to date.
The explosion protection document shall demonstrate in particular:
- that the explosion risks have been determined and assessed,
- that adequate measures will be taken to attain the aims of this Directive,
- those places which have been classified into zones in accordance with Annex I,
- those places where the minimum requirements set out in Annex II will apply,
- that the workplace and work equipment, including warning devices, are designed, operated and maintained with due regard for safety,
- that in accordance with Council Directive 89/655/EEC(10), arrangements have been made for the safe use of work equipment.
The explosion protection document shall be drawn up prior to the commencement of work and be revised when the workplace, work equipment or organisation of the work undergoes significant changes, extensions or conversions.
The employer may combine existing explosion risk assessments, documents or other equivalent reports produced under other Community acts.
Article 9
Special requirements for work equipment and workplaces
1. Work equipment for use in places where explosive atmospheres may occur which is already in use or is made available in the undertaking or establishment for the first time before 30 June 2003 shall comply from that date with the minimum requirements laid down in Annex II, Part A, if no other Community Directive is applicable or is so only partially.
2. Work equipment for use in places where explosive atmospheres may occur which is made available in the undertaking or establishment for the first time after 30 June 2003 shall comply with the minimum requirements laid down in Annex II, Parts A and B.
3. Workplaces which contain places where explosive atmospheres may occur and which are used for the first time after 30 June 2003 shall comply with minimum requirements set out in this Directive.
4. Where workplaces which contain places where explosive atmospheres may occur are already in use before 30 June 2003, they shall comply with the minimum requirements set out in this Directive no later than three years after that date.
5. If, after 30 June 2003, any modification, extension or restructuring is undertaken in workplaces containing places where explosive atmospheres may occur, the employer shall take the necessary steps to ensure that these comply with the minimum requirements set out in this Directive.
SECTION III
MISCELLANEOUS PROVISIONS
Article 10
Adjustments to the annexes
Purely technical adjustments to the annexes made necessary by:
- the adoption of Directives on technical harmonisation and standardisation in the field of explosion protection, and/or
- technical progress, changes in international regulations or specifications, and new findings on the prevention of and protection against explosions,
shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.
Article 11
Guide of good practice
The Commission shall draw up practical guidelines in a guide of good practice of a non-binding nature. This guide shall address the topics referred to in Articles 3, 4, 5, 6, 7 and 8, Annex I and Annex II, Part A.
The Commission shall first consult the Advisory Committee on Safety, Hygiene and Health Protection at Work in accordance with Council Decision 74/325/EEC(11).
In the context of the application of this Directive, Member States shall take the greatest possible account of the abovementioned guide in drawing up their national policies for the protection of the health and safety of workers
Article 12
Information to undertakings
Member States shall, on request, endeavour to make relevant information available to employers in accordance with Article 11, with particular reference to the guide of good practice
Article 13
Final provisions
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 2003. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the provisions of domestic law which they have already adopted or adopt in the field governed by this Directive.
3. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers. The Commission shall inform thereof the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work.
Article 14
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 15
This Directive is addressed to the Member States.
Done at Brussels, 16 December 1999.
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COMMISSION REGULATION (EC) No 120/2005
of 26 January 2005
determining the extent to which the applications for import licences submitted in January 2005 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted
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),
Having regard to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (2), and in particular Article 16(2) thereof,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
The allocation coefficients set out in the Annex to this Regulation shall be applied to the quantities for which import licences have been sought for the period from 1 to 10 January 2005 in respect of products falling within the quotas referred to in parts I.A, I.B, points 5 and 6, and parts I.C, I.D, I.E, I.F, I.G and I.H, of Annex I to Regulation (EC) No 2535/2001.
Article 2
This Regulation shall enter into force on 27 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 January 2005.
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Commission Decision
of 22 March 2001
approving the single programming document for Community structural assistance under Objective 2 for the South East England region in the United Kingdom
(notified under document number C(2001) 643)
(Only the English text is authentic)
(2002/709/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Article 15(5) thereof,
After consultation of the Committee on the Development and Conversion of Regions,
Whereas:
(1) Article 13 et seq. of Title II of Regulation (EC) No 1260/1999 lay down the procedure for preparing and implementing single programming documents.
(2) Article 15(1) and (2) of Regulation (EC) No 1260/1999 provides that, after consultation with the partners referred to in Article 8 of the Regulation, the Member State may submit to the Commission a development plan which is treated as a draft single programming document, and which contains the information referred to in Article 16 of the Regulation.
(3) Under Article 15(5) of Regulation (EC) No 1260/1999, on the basis of the regional development plan submitted by the Member State and within the partnership established in accordance with Article 8 of the Regulation, the Commission shall take a decision on the single programming document, in agreement with the Member State concerned and in accordance with the procedures laid down in Articles 48 to 51.
(4) The United Kingdom Government submitted to the Commission on 14 April 2000 an acceptable draft single programming document for the South East England region fulfilling the conditions for Objective 2 pursuant to Article 4(1) and qualifying for transitional support pursuant to Article 6(2) of Regulation (EC) No 1260/1999. The draft contains the information listed in Article 16 of the Regulation, and in particular a description of the priorities selected and an indication of the financial contribution from the European Regional Development Fund (ERDF), the European Investment Bank (EIB) and the other financial instruments proposed for implementing the plan.
(5) Under Article 52(4) of Regulation (EC) No 1260/1999, as an acceptable plan was submitted between 1 January and 30 April 2000, the date from which expenditure under the plan is eligible shall be 1 January 2000. Under Article 30 of the Regulation, it is necessary to lay down the final date for the eligibility of expenditure.
(6) The single programming document has been drawn up in agreement with the Member State concerned and within the partnership.
(7) The Commission has satisfied itself that the single programming document is in accordance with the principle of additionality.
(8) Under Article 10 of Regulation (EC) No 1260/1999, the Commission and the Member State are required to ensure, in a manner consistent with the principle of partnership, coordination between assistance from the Funds and from the EIB and other existing financial instruments.
(9) The EIB has been involved in drawing up the single programming document in accordance with the provisions of Article 15(5) of Regulation (EC) No 1260/1999 and has declared itself prepared to contribute to its implementation in conformity with its statutory provisions.
(10) The financial contribution from the Community available over the entire period and its year-by-year breakdown are expressed in euro. The annual breakdown must be consistent with the relevant financial perspective. Under Article 7(7) of Regulation (EC) No 1260/1999, the Community contribution has already been indexed at a rate of 2 % per year. Under Article 7(7) and Article 44(2) of the Regulation, the Community contribution may be reviewed at mid-term, and not later than 31 March 2004, to take account of the effective level of inflation and the allocation of the performance reserve.
(11) Provision must be made for adapting the financial allocations of the priorities of this single programming document within certain limits to actual requirements reflected by the pattern of implementation on the ground, in agreement with the Member State concerned,
HAS ADOPTED THIS DECISION:
Article 1
The single programming document for Community structural assistance under Objective 2 in the South East England region of the United Kingdom for the period 1 January 2000 to 31 December 2005 for transitional areas and from 1 January 2000 to 31 December 2006 for fully eligible areas is hereby approved.
Article 2
1. In accordance with Article 19 of Regulation (EC) No 1260/1999, the single programming document includes the following elements:
(a) the strategy and priorities for the joint action of the Community Structural Funds and the Member State; their specific quantified targets; the ex ante evaluation of the expected impact, including on the environmental situation, and the consistency of the priorities with the economic, social and regional policies and the employment strategy of the United Kingdom.
The priorities are as follows:
- business development and innovation,
- spatial development,
- heritage, culture and the environment,
- community economic development,
- technical assistance;
(b) a summary description of the measures planned to implement the priorities, including the information needed to check compliance with the State aid rules under Article 87 of the Treaty;
(c) the indicative financing plan specifying for each priority and each year the financial allocation envisaged for the contribution from the ERDF, the EIB and the other financial instruments and indicating separately the funding planned for the regions receiving transitional support and the total amounts of eligible public or equivalent expenditure and estimated private funding in the Member State. The total contribution from the ERDF planned for each year for the single programming document is consistent with the relevant financial perspectives;
(d) the provisions for implementing the single programming document including designation of the managing authority, a description of the arrangements for managing the single programming document and the use to be made of global grants, a description of the systems for monitoring and evaluation, including the role of the Monitoring Committee and the arrangements for the participation of the partners in that Committee;
(e) the ex ante verification of compliance with additionality and information on the transparency of financial flows;
(f) information on the resources required for preparing, monitoring and evaluating the assistance.
2. The indicative financing plan puts the total cost of the priorities selected for the joint action by the Community and the Member State at EUR 100046 million for the whole period and the financial contribution from the Structural Funds at EUR 35700 million.
The resulting requirement for national resources of EUR 46436 million from the public sector and EUR 17910 million from the private sector can be partly met by Community loans from the EIB and other lending instruments.
Article 3
1. The total assistance from the Structural Funds granted under the single programming document amounts to EUR 35700 million. The procedure for granting the financial assistance, including the financial contribution from the Funds for the various priorities included in the single programming document, is set out in the financing plan annexed to this Decision.
2.
TABLE
3. During implementation of the financing plan, the total cost or Community financing of a given priority can be adjusted in agreement with the Member State by up to 25 % of the total Community contribution to the single programming document throughout the programme period or by up to EUR 30 million, whichever is the greater, without altering the total Community contribution referred to in paragraph 1.
Article 4
This Decision is without prejudice to the Commission's position on aid schemes falling within Article 87(1) of the Treaty that are included in this assistance and which have not yet been approved by the Commission. Submission of the application for assistance, the programming complement or a request for payment by the Member State does not replace the notification required by Article 88(3) of the Treaty.
Community financing of State aid falling within Article 87(1) of the Treaty, granted under aid schemes or in individual cases, requires prior approval by the Commission under Article 88 of the Treaty, except where the aid falls within the de minimis rule or is exempted under an exemption regulation adopted by the Commission under Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 87 and 88 to certain categories of horizontal aid(2). In the absence of such exemption or approval, aid is illegal and subject to the consequences set out in the procedural regulation for State aid, and its co-financing would be treated as an irregularity within the meaning of Articles 38 and 39 of Regulation (EC) No 1260/1999.
Consequently, the Commission will not accept requests for interim and final payments under Article 32 of Regulation (EC) No 1260/1999 for measures being co-financed with new or altered aid, as defined in the procedural regulation for State aid, granted under aid schemes or in individual cases, until such aid has been notified to and formally approved by the Commission.
Article 5
The date from which expenditure shall be eligible is 1 January 2000. The closing date for the eligibility of expenditure in transitional areas shall be 31 December 2007 and in fully eligible areas 31 December 2008. This date is extended to 30 April 2009 for expenditure incurred by bodies granting assistance under Article 9(l) of Regulation (EC) No 1260/1999.
Article 6
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 22 March 2001.
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*****
COMMISSION REGULATION (EEC) No 1586/85
of 12 June 1985
re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol 1 thereto,
Having regard to Article 1 of Council Regulation (EEC) No 3219/84 of 6 November 1984 establishing ceilings and Community supervision for imports of certain products originating in Yugoslavia (2);
Whereas Article 1 of the abovementioned Protocol provides that the products listed below, imported under reduced duty rates according to Article 15 of the Cooperation Agreement are subject to the annual ceiling indicated below, above which the customs duties applicable to third countries may be re-established:
(tonnes)
1.2.3 // // // // CCT heading No // Description // Ceiling // // // // 40.11 // Rubber tyres, tyre cases, interchangeable tyre treads, inner tubes and tyre flaps, for wheels of all kinds: // 3 416 // // B. Other // // // II. Other // // // - Other // // // //
Whereas imports into the Community of those products originating in Yugoslavia have reached that ceiling; whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be re-established,
HAS ADOPTED THIS REGULATION:
Article 1
From 16 June to 31 December 1985, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the following products:
1.2.3 // // // // CCT heading No // Description // Origin // // // // 40.11 // Rubber tyres, tyre cases, interchangeable tyre treads, inner tubes and tyre flaps, for wheels of all kinds: // Yugoslavia // // B. Other // // // II. Other // // // - Other // // // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 June 1985.
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Commission Regulation (EC) No 782/2002
of 8 May 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 13 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 May 2002.
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COMMISSION DECISION of 29 May 1996 concerning aid proposed by Germany to Buna GmbH, Sächsische Olefinwerke GmbH, Leuna-Werke GmbH, Leuna-Polyolefine GmbH and BSL Polyolefinverbund GmbH (Only the German text is authentic) (Text with EEA relevance) (96/545/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having regard to the Agreement establishing the European Economic Area, and in particular Article 62 (1) (a) thereof,
Having, in accordance with the abovementioned Articles, given notice to the parties concerned to submit their comments (1),
Whereas:
I
1. The chemical industry, grouped in large 'Kombinate` (conglomerates), was one of the main industries of the former German Democratic Republic, originally employing more than 90 000 people. It was centred in the Leipzig area, inland in Saxony-Anhalt and Saxony, where the four largest complexes, namely Buna, Sächsische Olefinwerke (SOW), Leuna and Chemie AG Bitterfeld gave employment to 68 500.
In June 1990 the Government of the former German Democratic Republic founded the privatization trustee Treuhandanstalt (THA), which continued its activities after Germany had been unified. The THA transformed the planned-economy complexes into public limited companies, which remained interdependent, however, regarding the supply of raw materials, primary and intermediary products and energy. The resulting impediments to a fast restructuring and privatization of these companies were aggravated by the concomitant breakdown of traditional outlets.
The undertakings in question comprised a large number of quite diverse branches of activity. Many production plants were outdated, quite obsolete or had an uneconomic scale of production. The THA shut these plants down and tried to break down the remaining groups into smaller units, which would be easier to sell.
Of the three companies in the Leipzig area, Buna (at Schkopau), SOW (at Böhlen) and Leuna-Werke GmbH, the site of Leuna was the largest. After the hiving off of several branches, including its low-density polyethylene (LDPE) division as the independent Leuna-Polyolefine GmbH, the remainder was combined into one industrial park.
Buna was an integrated complex focused on chlorine and olefine chemistry. For environmental reasons, THA was forced to shut down acetylene production, thereby making Buna dependent on the ethylene cracker at Böhlen for this essential raw material. SOW at Böhlen and Buna were connected by pipelines, as was Leuna-Polyolefine as a consumer of ethylene.
Consequently, the dependence of these three facilities on the production of raw material by the cracker (olefines) at Böhlen, which supplies Buna's downstream activities at Schkopau and Leuna-Polyolefine at Leuna with ethylene, made it imperative for the THA to strive for privatization as a whole.
2. Based on this polyolefine concept, and after previous privatization attempts had failed, the bank Goldman Sachs & Co. was charged with the search for and negotiations with potential buyers. According to information supplied by Germany the Dow Chemical Company (Dow) presented a sound plan for a complete restructuring of the olefine complex with perspectives for long-term viability, and in the end Dow was the only bidder for the privatization of the bundled three chemical companies.
SOW's and Leuna-Polyolefine's shares were taken over by Buna for the subsequent merger into BSL Polyolefinverbund. On 3 and 4 April 1995 the privatization agreement between Dow and the Bundesanstalt für vereinigungsbedingte Sonderaufgaben (BvS) - which had succeeded to the THA - was notarized. This contract provides for substantial payments by BvS to BSL, which by far exceed the price Dow pays for the takeover.
3. Between 1990 and 1995 the THA/BvS initiated and financed some urgent restructuring measures on the three sites and reduced the number of jobs in the three companies from 26 029 to 5 820 by January 1995. Despite these efforts, losses remained high in that period and these too were financed by THA/BvS.
II
1. The Commission made a general assessment of the interventions of the THA in 1991 (decision dated 26 September 1991) and again in 1992 (decision dated 8 December 1992). It assessed the interventions of the BvS and other successor institutions to the THA in 1995 (decision dated 1 February 1995). In those decisions the Commission laid down which of those interventions were likely to constitute aid and assessed the compatibility of such aid with the common market. Taking into account the task of the THA in the unprecedented transformation of a planned economy into a market economy, the Commission found that the financing of companies held by the THA before their privatization could well constitute aid, but that such aid could, if certain conditions were fulfilled, be considered compatible with the common market. Likewise, a privatization sale to a party other than the highest bidder in a public call for bids or at a negative price could also entail aid. The decisions stipulate that aid granted by the THA and the BvS for the financing and privatization of large companies must be notified pursuant to Article 93 (3) of the Treaty for an individual assessment. The size of all three companies Buna, SOW and Leuna is well above the thresholds laid down in the decisions.
2. Germany complied with this obligation and informed the Commission of the following interventions of the THA before privatization:
2.1. Buna
The Commission approved the first two notifications. The first approval (aid N 199/93 (2)) concerned guarantees amounting to DM 445,5 million to secure first investments and the infrastructure and loans amounting to DM 106,2 million to secure the company's liquidity.
A second approval (aid N 449/93 (3)) concerned a loan of DM 220,2 million for environmental and restructuring measures and a discharge of personnel under socially acceptable circumstances.
A third notification concerned DM 1 232,1 million guarantees and DM 276,8 million loans, as well as a transformation of DM 288 million of guarantees into a shareholder's loan of the same amount, to finance investment and cover losses in 1994 (aid N 375/94; after the procedure was opened, C 61/94 (4)). The Commission accepted the transformation of guarantees into a shareholder's loan, as well as a loan of DM 259,4 million and guarantees totalling DM 131,5 million for ensuring the company's liquidity and for financing environmental investment, but initiated proceedings pursuant to Article 93 (2) of the Treaty against the remaining DM 1 143 million investment aid.
2.2. SOW
The Commission approved guarantees on DM 142,7 million and a loan of DM 92,2 million in order to allow SOW to fulfil mandatory environmental requirements, for investment and infrastructure and to cover losses in 1993 due to its being overstaffed (aid N 466/93 (5)).
When the German Government notified additional guarantees amounting to DM 266,7 million and loans totalling DM 400,1 million to cover losses in 1994 and to finance environmental investment, the Commission decided not to object to the covering of DM 92,2 million losses and DM 45,2 million aid for complying with mandatory standards, but to initiate proceedings pursuant to Article 93 (2) of the Treaty against DM 529,1 million investment aid in the form of DM 261,7 million guarantees and DM 267,4 million loans (aid N 376/94; after the procedure was opened, C 62/94 (6)).
2.3. Leuna
The Commission decided not to object to DM 30,1 million guarantees for financing environmental investment, but initiated proceedings pursuant to Article 93 (2) of the Treaty against a shareholder's loan of DM 146,3 million to cover losses in the first half of 1993 and guarantees totalling DM 405,8 million (DM 230,5 million to finance investment and DM 175,3 million to cover losses in the second half of 1993: aid NN 103/93; after the procedure was opened, C 4/94 (7)).
The procedure was expanded to cover a guarantee on investment credit for 1994 awarded at a later date amounting to DM 266,2 million. At the same time the Commission approved of the transformation of the guarantees used at that stage into a shareholder's loan and closed the procedure regarding shareholder's loans totalling DM 321,6 million which had been used to cover losses in 1993 (aid N 56/94, included in C 4/94 (8)).
3. The Commission initiated the first procedure referred to above against the investment aid to Leuna, because it noted that the privatization efforts of the THA for this company had still not been successful. The Commission recognized that Buna, SOW and Leuna were interdependent companies, which could never be privatized individually. The Commission demanded that a sound privatization plan involving all three companies be worked out. Under the procedure, and as part of the notification of the third instalment of aid to Buna (aid N 375/94) and the second instalment of aid to SOW (aid N 376/94), such a privatization plan was submitted by Germany. Whilst recognizing that the plan as such was consistent and based on several studies made by outside experts, the Commission still feared that the aid would only serve to perpetuate, or even create, unviable structures for which the THA would never be able to find a buyer and which would continue to depend on aid. Procedures were therefore opened against the additional aid to Buna and SOW proposed by the THA and a study by independent consultants was commissioned to assist the Commission in its assessment. The Commission took the same view when it assessed the second aid to Leuna (NN 56/94).
Under these procedures Germany stated its view that viability could be achieved and illustrated this, as stated above, using a joint privatization plan. Germany also stressed that delays in carrying out the necessary restructuring investment would prolong the period of losses and so increase the total amount of aid. Germany furthermore stressed the extraordinary position of those companies due to the former division of Germany.
No observations were received from third parties under the original procedure against the aid in favour of Leuna. Under the procedures opened against the aid to Buna and SOW the Commission received observations from three other manufacturers of chemicals and from a national chemical industry federation. Those observations, which supported the view taken by the Commission when it opened the procedure and which also pointed out that additional aid would be awarded for the privatization of these companies (see below) were submitted to Germany for its comments.
4. In May 1995 the Commission was informed by Germany of the aid involved in the privatization of Buna, SOW and Leuna-Polyolefine (aid N 467/95). The Commission was also informed of certain urgent investments in Buna and SOW which needed to be carried out without delay and the financing of which was blocked under procedures C 61/94 and C 62/94. Finally the Commission was informed of the cleaning-up of Buna's and SOW's balance-sheets as at 31 December 1994 (aid N 2/95 and NN 3/95). In June 1995 the Commission decided to enlarge procedures C 4/94, C 61/94 and C 62/94 so that they would also cover the aid awarded within the framework of the privatization (aid specified in Chapter III). The Commission doubted, in particular, whether the principles of its approach to restructuring aid were being adhered to, namely that long-term viability of the companies in question had to be secured, that undue distortions of competition were to be avoided and that the aid was to be limited to the minimum necessary.
The Commission was able to close procedure C 61/94 concerning DM 67,7 million of urgent environmental investment in Buna, and procedure C 62/94 concerning DM 173,1 million of urgent environmental investment in SOW. The Commission was also able to accept the waiving of Buna's debt to the THA as at 31 December 1994 amounting to DM 1 441,4 million and of SOW's debt amounting to DM 312 million. Additional waivers of DM 191,1 million for Buna and DM 74 million for SOW, as well as injections of capital to those companies amounting to DM 151 million and DM 61 million respectively, were added to the sums covered by procedures C 61/94 and C 62/94 (9). That decision was communicated to Germany by letter dated 14 July 1995.
Under the enlarged procedures, Germany provided information by letters dated 30 June, 14 July, 8 August, 29 August, 5 September, 7 September and 10 October 1995 and in meetings which took place on 23 June, 10 July, 16 and 30 August 1995.
One other Member State and three companies in other Member States submitted written information under the enlarged procedures in support of the Commission's position expressed in the letter under which the procedure was expanded. Those observations were submitted to Germany for its comments. Dow also presented written information and participated in the second and third of the meetings referred to above.
III
1. The notarized privatization contract between BvS and Dow dated 3 and 4 April 1995 contains the complete financial means that BvS makes available for the privatization of BSL. These were summarized in the published enlargement of the procedure (10) as follows:
TABLE
Total financing without considering the open-ended compensation payments therefore potentially amounted to DM 11 597,5 million when the procedure was enlarged. The privatization contract contains suspensory clauses for Commission approval pursuant to Council Regulation (EEC) No 4064/89 of 21 December 1989 on merger control (11) and Article 93 of the EC Treaty.
2. Also covered by the procedure is the following aid:
2.1. A guarantee to Leuna for DM 266,2 million of investment in the first half of 1994, and a shareholder's loan of DM 230,5 million for investment in 1993.
2.2. The DM 529,1 million of aid to SOW in the form of DM 261,7 million of guarantees for investment credit and DM 267,4 million of interest-bearing loans, against which the Commission had opened the Article 93 (2) procedure at the end of 1994 (see Chapter II, point 2.2) is included by the amount covered by the waiver of outstanding debt in the context of privatization (see the third item in the summary in point 1).
2.3. The same applies to the DM 1 143 million investment aid to Buna (see Chapter II, point 2.1) which was also waived as part of the privatization.
2.4. DM 477,1 million is the sum of those parts of the balance sheet clean-up for Buna and SOW as at 31 December 1994 which the Commission did not accept before the privatization (see Chapter II, point 4); it is also caught by the waiver under the privatization.
3. Under the procedure Germany communicated clarifications and certain modifications of the restructuring plan, which affect the sums of aid within the framework of the privatization, when compared with the situation when the procedure was opened, as follows:
- The DM 44 million consultancy fees do not constitute aid to one of the companies. They constitute internal expenditure in the BvS linked to the efforts to privatize and to manage the contract.
- The cost of making good all environmental damage has been limited to DM 1 billion. If this ceiling should be exceeded for environmental damage caused after 1 July 1990, the Commission will be notified by Germany in sufficient time, pursuant to Article 93 (3) of the Treaty.
In its general decisions on the interventions of the THA and the BvS referred to in point 1 of Chapter II, the Commission laid down that an environmental indemnification for pollution caused before 1 July 1990 does not constitute aid. The Commission took the opinion that the companies in the new Bundesländer cannot be held liable for the pollution they had caused under the former German Democratic Republic, when they had no say at all in the matter. The Commission agrees with Germany that by far the greater part of the pollution caused by the plants belonging to BSL took place before 1 July 1990 and that hence the bulk of the DM 1 billion does not constitute aid. The Commission also accepts the view of Germany that it is not feasible to quantify the remainder, which does constitute aid.
- Regarding the possible open-ended additional cost of an alternative pipeline provided for in the original notification, Germany stated that no such additional cost would arise. If any additional aid should nevertheless be required, the Commission would be notified in sufficient time pursuant to Article 93 (3) of the Treaty.
- The Dow investment programme laid down in the privatization contract provides for up to DM 3 436 million financing of investments by BvS. This sum comprises an amount of DM 201,5 million, however, for investments authorized by the Commission under previous decisions. Additional investment amounting to DM 459 million was added to the restructuring programme under the procedure, together with corresponding additional investment aid amounting to DM 384 million. On the other hand, DM 150 million for the construction of an aniline plant was taken out of the part of the Dow business plan financed by BvS. From the remaining ceiling for investment that can be awarded by the BvS, an amount must be deducted which will be awarded under various aid schemes in Germany which have been approved by the Commission; although decisions have not yet been taken, two Länder hold out a prospect of DM 483 million aid under schemes approved by the Commission (12). The procedure therefore covers investment aid within the Dow investment programme up to DM 2 985,5 million, the compatibility of which with the common market must be examined by the Commission.
The restructuring programme as modified by Germany consists of the following investments:
TABLE
Investment amounting to DM 2,65 billion is secured by a contractual penalty of 20 % of the difference between this amount and the lower amount of investment actually realized.
- The cost of current projects started by BVS and which are not part of the plan submitted by Dow will - contrary to previous estimations - only amount to DM 245 million. With the exception of DM 33,8 million in Buna and DM 16,4 million at Leuna this sum was authorized under previous decisions.
- At the Commission's request, Germany stated that possible compensation payments to Dow of up to DM 70 million in case of rescission of the contract would be notified separately if this should occur.
- Concerning the open-ended power and steam aid Germany informed the Commission that the amount of aid would consist of DM 162 million as part of the cash-flow compensation, in addition to DM 804 million, this being the present value of the power and steam compensation payments provided for in Article 15 of the privatization contract. After several discussions Germany informed the Commission that it would renegotiate the contract with Dow in order to reduce the cash-flow compensation by DM 162 million and to delete the clause concerning power and steam compensation payments.
- Germany also informed the Commission that the waiver of outstanding debt on 1 June 1995, taking into account that the Commission had only allowed part of the requested waiver as at 31 December 1994, would amount to DM 1 466,52 million.
- Germany informed the Commission that the compensation of structural deficiencies after the restructuring amounting to DM 440,5 million would be reduced to DM 96 million for the operation of an environmental monitoring system.
4. Consequently, the total sum of remaining aid to BSL covered by the procedure amounts to a maximum of DM 9 556,22 million. This sum contains DM 1 billion for environmental damage, most of which does not constitute aid. Open-ended payments were capped off.
5. There is competition between manufacturers of chemicals and these products are traded between Member States, as is well documented in trade statistics. BSL will not only continue to produce some of the intermediary products made by Buna, SOW and Leuna, but will also manufacture new derivatives as part of the integrated set-up resulting from the restructuring. The effects of the plan on Dow's capacity for the various products and its market share is set out in Chapter IV, point 6.5.
Financial aid to companies strengthens their position compared with others that are competing with them in the Community and the European Economic Area. Where this occurs, such aid must be deemed to distort competition with such other undertakings.
Article 92 (1) of the EC Treaty and Article 61 (1) of the EEA Agreement lay down the principle that aid having certain characteristics which they specify is incompatible with the common market.
IV
1. Of the derogations set out in Article 92 (2) to the principle that aid having the characteristics specified in Article 92 (1) is incompatible with the common market, those listed under points (a) and (b) are inapplicable in this instance, given the nature and the objectives of the aid, and were not in any case invoked by Germany.
2. However, Article 92 (2) (c), concerning aid granted to the economy of certain areas of the Federal Republic of Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by that division, was invoked by Germany. Although Germany has been unified since 3 October 1990, it can be said that the economy of the new Bundesländer is still suffering from the consequences of the former division, such as the loss of traditional suppliers and outlets, remaining imperfect transportation infrastructure, etc. It is the Commission's view that the derogation provided for in Article 92 (2) (c) must be interpreted strictly, notably as regards the need for such aid, which must therefore be limited to the minimum necessary to compensate those specific remaining disadvantages that are caused by the former division. Difficulties companies in the former German Democratic Republic are facing, which result from the fact that these companies need to stand up to competitors in the Community and the EEA after the unification, cannot be interpreted as disadvantages caused by the former division of Germany. Such aid should rather be judged on the basis of the derogations set out in Article 92 (3) (a) and (c), which are dealt with below. The Commission also notes that Germany, whilst invoking Article 92 (2) (c) for the aid identified in Chapter III, has not convincingly demonstrated that the totality of this aid, or part of it, is limited to what is necessary to compensate for economic disadvantages caused by the former division of Germany (see also point 8.2).
3. Article 92 (3) of the Treaty specifies the aid which may be considered to be compatible with the common market. Compatibility with the Treaty must be viewed in the context of the Community and the EEA and not of a single Member State. So as to maintain the proper functioning of the common market and take account of the principles laid down in Article 3 (g), the exceptions to the principle of Article 92 (1) which are set out in Article 92 (3) must be interpreted strictly in examining any aid scheme or any individual aid measure.
In particular, the derogation may be applied only if the Commission finds that, if the aid were not granted, market forces alone or measures by the public authorities other than aid would not be sufficient to induce the recipients to act in such a way as to achieve one of the objectives pursued.
Applying the derogations to cases which do not contribute to such an objective, or where the aid is not necessary for this purpose, would mean conferring undue advantages on the industries or undertakings of certain Member States and affecting trading conditions between Member States and distorting competition, without any justification based on the common interest referred to in Article 92 (3).
4. The derogations in Article 92 (3) (b) are not satisfied in this case. It is true that German unification has had negative effects on the German economy, but these alone are not sufficient to apply Article 92 (3) (b) to an aid scheme, let alone to an ad hoc case of aid, because there must be a serious disturbance in the economy of a Member State, which must be judged in a Community context. The last time the Commission considered that an aid scheme remedied a serious disturbance in the economy of a Member State was in 1991, when aid was approved for a privatization programme in Greece (13). In that decision the Commission noted that the privatization programme was an integral part of the undertakings given under Council Decision 91/136/EEC (14) concerning the recovery of the entire national economy. The German situation is clearly different.
Neither can the aid in question be considered to constitute aid for an important project of common European interest, nor has Germany put forward any argument that this might be the case.
5. The derogations provided for in Article 92 (3) (a), concerning aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment and in Article 92 (3) (c), concerning aid to facilitate the development of certain economic activities or of certain economic areas, may well constitute the legal basis for the verification of the compatibility of the aid measures in question with the common market.
The Commission decided in January 1994 that the new Bundesländer belong to the areas in need for assistance pursuant to Article 92 (3) (a) (aid N 464/93) and the Commission takes due account of this fact in this Decision.
As regards the question whether the derogations provided for in Article 92 (3) (c) can apply, it should be recalled that the Commission in its decisions concerning the THA and its successor institutions referred to in Chapter II took into consideration that the THA's task - to support the transformation of a planned economy into a market economy - is without precedent in the history of the Community. The Commission also took into due consideration the grave social and economic problems in the five new Bundesländer and East Berlin.
The Commission notes that in 1990 the companies and parts of companies in question were quite unprofitable, due to the large number of of obsolete plant and high operation cost. The integration in products and production processes and the interdependence of the sites made it possible to maintain a chemical industry there only if the core activities of Buna, SOW and Leuna LDPE could be privatized as one polyolefine activity, and if other activities were split off and privatized separately. It was obvious from the start that high investment was required and that the first years of operation would bring losses which no private investor would be willing to bear alone. Dow was the only investor who after several calls for tender submitted a coherent plan for the complete privatization of the polyolefine activity, with a long-term perspective of profitability, and who was thus willing to continue the restructuring that THA and BvS had initiated.
It is the Commission's opinion that the investment aid and loss compensation which were started by the THA and continued by the BvS, before the privatization took place, and which are the subject of the present procedure, should be judged together with the restructuring aid awarded under the privatization contract prepared by Dow. For both groups of aid the Commission requires that a satisfactory restructuring plan be available. The privatization plan submitted by Dow, which is based on the existing cracker and chlorine capacities and aims at expanding the value added chain based on olefines, was described in point II of the enlargement of the procedure (15).
The Commission decided to have Dow's business plan and the basic conditions on which it is based analysed by independent consultants, who found them solid. In the present decision the Commission has given due consideration to the thorough report of its consultants.
The consultants confirmed that Dow is a suitable partner for BSL, given its experience and know-how in chlorine production as well as the production of olefines and their derivatives. In addition, Dow has major synergism in marketing and Dow's internal demand for aniline and acrylic esters is a major benefit for BSL.
6. Investments
6.1. The concentration of cracker capacity at Böhlen and the upgrading of chlorine capacity at a competitive level, which form the basis of Dow's plans, were commissioned by THA and BvS before the privatization. The remaining problem of assuring the supply of feedstock to the cracker at competitive prices was solved by the plan to build a pipeline from Rostock to Böhlen. This also necessitated new storage capacity for ethylene, as well as new brine and propylene pipelines to Buna.
6.2. As for the derivatives, there was insufficient demand to absorb the existing ethylene, propylene, chlorine and benzene capacity of the installations which could be upgraded; only butadiene capacities could be used in full. Given that transportation to other sites would have entailed high cost, Dow analysed possibilities, amongst others in the form of new installations, to balance production and processing of key raw materials with minimal logistics cost, whilst having due consideration for the main existing areas of activity of BSL and Dow. This complete integration of continued processing of the complete first stage processing output is a key condition for an inland production site to become competitive, a view shared by the consultants. Only for final, solid products such as rubber, PVC and polyethylene is overland shipping usual for a distance of 200 to 500 kilometres, which according to the new plan will also take place at BSL. Taking into account the criteria of profit optimization over a chosen period of 13 years and cost minimization (capital, operation and sales cost), Dow has according to the consultants proposed an optimal configuration for the three sites. Almost none of the planned projects can be broken out of the company plan without jeopardizing the objective of profitability after restructuring. Only the necessity of aniline production and the related dealkylation plant could, in the opinion of the consultants, be questioned. The aniline plant was also questioned by a third party within the framework of the procedure.
Dow itself commented under the procedure that the production at Böhlen of aniline is an essential and necessary part of its business plan. It also stated that BSL's total aniline production will be required by Dow for captive consumption at Stade. Dow expected that there would be no sales of aniline to third parties and that Dow would continue to purchase aniline for its MDI production at Estareja in Portugal from Anilina de Portugal, who would therefore not be affected.
Germany, when requested by the Commission to comment on the production of aniline, noted that the totality of the aniline produced at Böhlen will be transported to Dow's MDI plant at Stade in Lower Saxony. Aniline being a derivative of benzene, one could in principle think of transporting benzene to Stade and to construct an aniline plant there. However, Germany pointed out that that benzene is more explosive than aniline and that it belongs to category 3 of perilous substances to groundwater, whereas aniline belongs to the less dangerous, though still perilous category 2. Through the higher value added of aniline it is more economical to transport this substance over long distances than benzene. Furthermore, the necessary supply of ammonia for aniline production is nearer in Böhlen than in Stade. Alternatives to aniline production, such as the production of phenol, would not be possible because of a lack of propylene and because a phenol production unit would not absorb the output of hydrogen. Neither would it make sense to sell benzene to others, given that there is no local demand for this product and that it would hence have to be transported to Rotterdam or even farther.
The consultants found the arguments of Germany and of Dow valid, in the sense that any alternative to the aniline plant would be less commercially attractive and have the effect of reducing cash flow and hence impact on the profitability of the project.
The Commission subscribed to its consultants' view that the dealkylation plant and the aniline plant form an essential and necessary part of the Dow business plan, but also agreed with its consultants that it is not essential that the aniline plant should be built at Böhlen, even though alternative sites would be less attractive financially. The Commission concluded that the need for aid going beyond the regional incentives available in Germany had not been convincingly demonstrated for the aniline plant in Dow's business plan.
By letter dated 10 October 1995 Germany informed the Commission that it would exclude the cost of the aniline plant, which amounts to DM 150 million, from the Dow business plan aided by BvS. Within the framework of the privatization, no investment aid or cash-flow compensation would therefore be awarded to the construction of an aniline plant.
The Commission notes that the cost of the aniline plant was estimated at DM 227 million in Annex 7 to the privatization contract. The difference between this sum and the DM 150 million which Germany has excluded from the plan, consists of the following items:
- DM 27 million for a nitric acid plant,
- DM 35 million for a nitrobenzene plant, and
- DM 15 million for a waste water installation.
Both the nitric acid plant and the nitrobenzene plant are necessary for processing benzene to nitrobenzene, which can be processed to aniline. The two plants in question serve no other purpose. The Commission is of the opinion that Germany has failed to demonstrate that the two plants in question are necessary and essential for the complex, given that the aniline plant has been excluded from the Dow business plan. Consequently, no sufficient justification has been presented for the DM 62 million investment aid which Germany intends to award for these plants.
Regarding the waste water installation, the Commission notes that this benefits several other installations than those linked to aniline production. The Commission therefore accepts the necessity of this part of the aid, amounting to DM 15 million.
Within the framework of the procedure, a third party also questioned the investment in the VCM and PVC plants.
The Commission notes that the upgrading of the PVC plant, which is estimated to cost DM 46 million, will not increase nominal production capacity. The Commission also notes that, according to its consultants' expectations, this capacity of 125 000 t/a will only account for 1,9 % of installed PVC capacity in western Europe by the year 2000 and that the utilization of capacity in the coming 10 years is expected to be above 89 %.
Neither does the investment in the VCM plant constitute additional capacity. Buna possessed a relatively large and competitive VCM plant with a capacity of 330 000 t/a before its acetylene cracker was shutdown. This shutdown created imbalances between chlorine production capacity and VCM capacity; the very low operating level of the VCM plant will come to an end by the investment in an additional EDC train. The Commission's consultants consider this balancing to be very important to ensure the economic viability of the chlorine chain. The Commission notes that Dow/BSL are expected to account for 4,8 % of VCM capacity in western Europe by the year 2000 and that the utilization of capacity in the coming 10 years is expected to be above 89 %.
6.3. The Commission concludes that the investment programme consists of interlinked elements, each of which is necessary in order to create the integrated and viable complex proposed by Dow. None of these elements can be left out or modified without endangering the complex as a whole.
6.4. The Commission has also looked at the evolution of capacities resulting from the investment programme.
In 1990, when the THA started the restructuring of the companies in question, olefine capacities in the new Bundesländer was as follows:
TABLE
Since 1990, these olefine capacities were reduced to 450 kt/a further to the shutdown of the crackers in Leuna and Buna (a reduction of 37,5 %), despite the upgrading of the cracker at Böhlen by 120 kt/a. Furthermore, total cracker capacity (C2-C4 and secondary cracker products) will be reduced by 12 % from 918 to 808 kt/a. Because of the feedstock supply (LPG, propane, butane) the downstream plants dispose of less aromatics and pyrolysis gasoline. This capacity reduction represents a certain counterpart in the interest of competitors to the distortive effect of the aid.
At Buna, the older, less efficient and more polluting plants were shut down. Other production units will be shut down at a later date, such as the existing 100 kt/a ethylene oxide plant, the 40 kt/a propylene oxide and the expanded polystyrene plant (12 kt/a).
The planned capacity increase for derivatives is, as set out above, necessary in order to process feedstock and thereby to establish and secure the competitiveness of the company. It is the unavoidable consequence of the integrated concept which Dow is proposing. Basically it concerns the expansion of benzene capacity from 75 to 122 kt/a and production of caustics, as well as the introduction of new capacity through new installations for the production of LLDPE (210 kt/a), PP (200 kt/a), VCM/EDC (300 kt/a), acrylic acid (90 kt/a), acrylic ester (93 kt/a), oxychlorine and aniline (130 kt/a). As was explained above, the aniline plant has been excluded from the investment plan aided by BvS.
The construction of an additional oxychlorination train allows for a complete use of capacity of the existing chlorine plant, as well as the existing VCM plant.
The construction of the new LLDPE plant with Dow's own technology replaces the HDPE plant, which the THA had planned to balance ethylene capacity in Böhlen with processing capacity in Leuna and Buna. Dow's choice fits better in the product range.
Propylene needed to be balanced as well as supply and demand for ethylene. This should be achieved by constructing the polypropylene plant and the acrylic acid plant. In order to integrate production of acrylic acid as well in the production of derivatives, Dow intends adding an additional acrylic esters plant.
The Dow programme also provides for a replacement of the existing aromatics plant by new C5-C9 plants and a pyrolyse gasoline/distilling plant, in order to maximize production of benzene. Half of benzene production will be consumed by the new aniline plant that was excluded from the Dow business plan aided by BvS.
With these new capacities Dow will be able to further process on the spot all products of the first processing range, namely ethylene, propylene, butadien and chlorine which, although manufactured at competitive prices, could only be transported to other plants with heavy cost, thereby losing their competitiveness. The configuration chosen by Dow frees the products it brings on the market from their important logistic handicap, by adding value. The configuration makes the products competitive by achieving the best possible integration. If a link were to be removed from this chain, capacity in the first processing range would remain idle, or the product would have to be transported to other sites, which would undermine the soundness of the concept.
The Commission has also investigated whether the expansion of capacity and the introduction of new capacity will lead to overcapacity on the Community market or will take place in areas where structural overcapacity already exists. The Commission is of the opinion that none of the plants will create overcapacity, nor do its consultants expect that there will be structural overcapacity in any of the product areas in question, perhaps with the exception of aniline. As set out above, the aniline plant will not receive aid under the privatization contract.
The independent consultants expect the following growth in demand in western Europe between 1994 and 2000 and utilization of capacity in the latter year:
TABLE
Neither have any third parties demonstrated within the framework of the procedure that the aid in question would serve to create or expand capacity in areas with structural overcapacity.
6.5. The Commission has also looked at the effects of the planned rationalization and restructuring on the European market for petrochemicals.
TABLE
The Commission verified the compatibility of the merger pursuant to Council Regulation (EEC) No 4064/89 and decided not to object to it (16).
6.6. The sum of investment in current projects outside the original DM 3 816 million laid down in the Dow's business plan, which THA and BVS had begun earlier and which could be inserted into Dow's plan, amounts to DM 245 million in so far as Buna and SOW are concerned. This amount consists of DM 70 million purchase and construction cost of investment incompatible with the Dow plan, DM 159,6 million cost for the EPS (expanded polystyrene) and oxychlorination plant and the plant for producing unsaturated polyesters and the dispersion plant amounting to DM 14,1 million. Apart from an amount of DM 33,8 million for which the Commission had not yet given its approval, these amounts were approved by the Commission in previous decisions (see Chapter II, points 2.2 and 2.3). In Leuna-Polyolefine DM 16,4 million was not yet approved by the Commission. In order to prepare the privatization, to secure the safety of employees and the environment and to reduce the cost of operating obsolete and uneconomical installations, the THA and the BvS had to begin the restructuring even before an investor had been found. The measures were limited to the minimum necessary for this purpose.
6.7. The Commission has also considered whether the totality of the investment aid in question really is necessary for the project to be achieved, taking into account that investment aid will also be awarded under schemes for regional development.
Given that various other types of aid will also be granted to this project, the question of the necessity of all of the investment aid should not be judged in isolation. It would be more appropriate to look at the justification for each type of aid first and then to assess whether the aid package as a whole is necessary.
6.8. The compatibility with the common market of DM 684,5 million of the investment aid provided for in the privatization contract need not be assessed in the present decision. This sum consists of DM 201,5 million for investments, the financing of which by means of guarantees and loans had already been authorized by the Commission under previous decisions. The Commission also notes that DM 483 million of the proposed investment aid can be replaced by aid under regional investment aid schemes approved by the Commission. The Commission is well aware that the Länder Saxony-Anhalt and Saxony have not yet finally decided to award the aid. It is, however, the opinion of the Commission that investment aid in assisted regions should in the first place be awarded under aid schemes approved by the Commission for that purpose. Supplementary aid, such as that awarded by the BvS, should not take the place of such aid schemes.
6.9. The Commission has also looked into the possibility that Dow may have over-estimated the amount of investment necessary for the restructuring. The Commission notes that investment aid will only be awarded for investment that has actually been realized. However, given that BvS will pay an incentive of 20 % to BSL for that part of its potential contribution that will not be spent, Dow could have had an interest in presenting inflated plans. The Commission notes in this context that its consultants believe that Dow's estimations are indeed on the high side. They assume that the estimations for installations are inflated in the order of 10 to 20 %, whilst conceding that there is a general tendency in the chemical industry to inflate investment estimations.
Germany noted on this point that the investment in question does not take place on a green-field site, but has to be integrated in an existing and highly interdependent group of sites, in an ongoing production process, which could increase investment cost.
The difficult integration of inter-linked individual building blocks involves risks which can hardly be estimated in a blueprint.
Calculation margins are unavoidable when planning such installations with highly complicated process technology and unknown factors. In order to be able to control precisely the cost that actually takes place, BvS included the following control mechanisms in the privatization contract:
- Under Article 8 (3) (1) of the privatization contract, BvS provides its capital contributions as follows: for the period between the economic transfer date and 31 December 1995 BvS shall pay to BSL an instalment in the amount of DM 250 million for quite specific projects. For each year of the restructuring period beginning in 1996 BSL shall provide BvS no later than on 7 November of the previous calendar year with an investment budget in which the investments budgeted in that calculation period and the type, cost and financing of such investments are described and all significant deviations from the reconstruction programme, if any, are explained and justified qualitatively and quantitatively. The investment budget shall include a funding schedule stating the amounts to be financed by BvS and the respective due dates of all amounts in detail, an updated overall calculation and an updated project schedule for the reconstruction programme.
- Under Article 8 (3) (2) of the privatization contract, BSL shall provide to BvS together with the capital budget by no later than 7 November of each calculation period a preliminary investment report stating the amounts actually spent for the first three quarters of such calculation period and scheduled to be spent during the remainder. Any difference between the capital contributions by BvS and the amounts spent on projects listed in the preliminary investment report shall be offset against the capital contributions to be paid by BvS for the following calculation period.
- In addition, BSL shall for each calculation period submit, together with the annual financial statements, an investment report containing a detailed report on the implementation of the investments contemplated in the capital budget and the amounts actually spent on such investments. The investment report will be audited by the auditors of BSL. Any difference between the amounts stated in the preliminary investment report for such calculation period and in the investment report will be offset against the capital contributions to be paid by BvS for the following calculation period.
- Under Article 8 (3) (3) of the privatization contract, BSL shall prepare a final report within three months after the end of the restructuring period on the basis of the investment reports.
- Under Article 13 (2) of the privatization contract, the annual budget of BSL, together with the investment budget and the updated reconstruction programme, is submitted to the shareholders' meeting of BSL (with BvS as a shareholder) in November for final approval as a binding basis for its implementation and for the investment budget for the next accounting period.
- Under Article 14 (2) (1) of the privatization contract, BSL shall submit to its shareholders (including BvS) after the end of each calendar quarter a reviewable quarterly report, which inter alia includes the status of the capital budget showing the investment of the funds provided by BvS.
- The audit of the year end financial statements of BSL will be conducted jointly by an auditor nominated by Dow and an auditor nominated by BvS (Article 14 (2) (2)).
- Article 14 (4) of the privatization contract provides that the Bundesrechnungshof shall have the right to conduct a special audit for each calculation period pursuant to Section 104, paragraph 1, No 3 in connection with Section 88 et seq. Bundeshaushaltsordnung.
It is the Commission's view that BvS has instituted the mechanisms needed for a comprehensive, detailed and ongoing control of the investments, as a shareholder and as financier of that necessary investment.
Finally, BvS included an additional control mechanism through its incentive scheme. In general terms the Commission is of the opinion that an incentive to limit investment - and hence the aid linked to that investment - to the minimum necessary is to be applauded. Under these circumstances the Commission does not object to the incentive as a matter of principle, the more so as BSL is obliged pursuant to the privatization contract to reinvest incentive payments in the petrochemical complex. However, the Commission cannot accept that incentive payments take place on the margin of 10 %, which according to the Commission's consultants is the minimum over-estimation of investment cost. An incentive of 20 % can therefore only apply to a reduction of investment in excess of 10 %.
The Commission has in this context also taken note of the explanation provided by Germany on the interpretation of Annex 8.3.4 to the privatization contract, which excludes the possibility of incentives being paid to BSL for the DM 483 million aid that BvS does not need to pay because of payments under aid schemes already approved by the Commission (see point 6.8).
7. Cash-flow compensation
7.1. Under Article 9 of the privatization contract, BvS will compensate to BSL any negative cumulative cash flow during the restructuring period in full up to a maximum of DM 2 650 million. BvS will furthermore compensate one half of any negative cumulative cash flow in excess of DM 2 650 million up to DM 3 650 million. The maximum BvS could be called upon to pay under this heading would therefore amount to DM 3 150 million, in which case Dow would contribute DM 500 million as well.
According to Article 15.3.1 of the privatization contract part of the cash-flow compensation payment will be used to subsidize the price BSL will pay for power. Under the procedure this element was quantified by Germany as amounting to DM 162 million. As set out in detail in point 8 of this chapter, the Commission is of the opinion that the subsidization of energy prices, even for a limited period, is not related to the restructuring that is being carried out and that such aid is in principle a form of operating aid that is incompatible with the common market. As set out in Chapter III point 3, Germany, in the course of the procedure, decided to withdraw this part of the proposed aid and announced that the privatization contract would be modified accordingly. The proposed aid ceilings referred to above are hence reduced by DM 162 million from DM 2 650 to DM 2 488 million and from DM 3 150 to DM 2 988 million.
7.2. The Commission has investigated this compensation in relation to the restructuring programme. Based on its experience with other cases of restructuring aid, it is of the opinion that a five-year restructuring plan, which can be prolonged to seven years if unforeseen circumstances should occur, is relatively long. However, the present case involves important investment in several links of the production chain, and this at three different sites, which creates problems of timing in order to avoid bottlenecks in the production process. Under those circumstances a duration of the restructuring period of five years is justifiable. If unforeseen circumstances should occur that would make it necessary to prolong the restructuring period beyond five years, this should be notified to the Commission in sufficient time pursuant to Article 93 (3) of the Treaty.
The complexity of the restructuring referred to above also entails considerable risk of extraordinary losses during the restructuring period. Notably delays in the construction of the pipeline to Rostock would entail huge additional transportation cost for the duration of the delay. Other important factors likely to lead to losses in the restructuring period are the cost of overstaffing, given that excessive personnel will be discharged gradually from 5 600 on 1 June 1995 to 2 200 by 1 June 1999, and the unprofitable exploitation of the existing installations until these have been upgraded or replaced. Risk in excess of the cash-flow compensation will be borne by Dow.
7.3. The Commission has also verified whether there is a risk that BSL will artificially raise its losses in order to consume the maximum of the potential compensation, whether BSL might pass on parts of the compensation to its mother, Dow, and whether BSL might use the compensation in order to sell its products at inappropriately low prices.
The Commission notes that the privatization contract contains a system of quarterly reports, as well as audits of the annual financial statements of BSL. Furthermore, BSL will submit to BvS annual reports on its financial relationships with Dow and companies belonging to Dow. The Bundesrechnungshof will have the right to conduct a special audit. The Commission also notes that the privatization contract contains an incentive for BSL not to consume the totality of the cash-flow compensation up to the maximum of DM 2 650 million, in the form of a 33 % premium on the amount not consumed by the end of the restructuring period.
Article 10 of the privatization contract and the corresponding Annexes, which were all submitted to the Commission, contain the conditions on which products, services, licenses, technical assistance and loans are made available between the companies. These commercial conditions are unusual in their set-up, but they are not completely uncommon between related companies - a point of view with which the Commission's consultants concur. The marketing and sales agreement annexed to the contract contains clauses which exclude the possibility that Dow as BSL's marketing and sales agent might sell BSL's products at inappropriately low prices.
8. Energy
8.1. In Article 15 (1), the privatization contract states that the existing power and steam contracts between Buna and Veba Kraftwerke Ruhr AG and Kraftwerk Schkopau GmbH (collectively VKR) need to be substantially renegotiated and changed. Until these changes have been achieved and in so far as changes would not be sufficient for a profitable exploitation of BSL, the contract contains four clauses under which the price BSL pays for its purchase of steam and power is to be subsidized by BvS: Article 15 (3) provides for an unquantified subsidy of power and steam prices during the restructuring period in addition to the cash-flow compensation discussed in point 7 of this chapter, Article 15 (4) provides for the possibility - for which renegotiations would be a prerequisite - of an additional subsidy of power and steam prices in the period after the restructuring and up to 31 December 2014, Article 15 (3) in combination with its Article 9 provides that an unquantified part of the cash-flow compensation discussed in point 7 of this chapter would also be destined to subsidize power prices, Article 15 (5) provides for additional steam operating cost.
8.2. In its letter dated 14 July 1995 enlarging the procedure and within the framework of that procedure the Commission took the position that it saw no justification for such operating aid. Energy contracts are negotiated between individual companies, without State aid being available to cover the gap between the amount the purchaser of energy is prepared to pay and the amount the supplier wishes to receive. Germany has furthermore not demonstrated convincingly that such aid to energy prices is the consequence of, or even linked to, the restructuring process. Neither could such aid be considered compatible pursuant to the derogation provided for in Article 92 (2) (c) of the Treaty, because aid to subsidize energy prices is not required to compensate any disadvantages caused by the former division of Germany. This view is confirmed by the facts of the present case, as the existing energy contracts were concluded after the unification of Germany, VKR's power plant at Schkopau was also built after the unification, and Buna and Leuna already existed before the division of Germany took place.
8.3. During the procedure Germany stated that no aid would be awarded pursuant to Article 15 (4) of the privatization contract. Germany quantified the other three open-ended energy aid amounts described in point 8.1 as follows: The part of the cash-flow compensation that subsidizes power cost referred to in Articles 15 (3) and 9 of the privatization contract would amount to DM 162 million. The additional compensation of power and steam cost referred to in Article 15 (3) and (5) of the privatization contract, would have a present value of DM 804 million. Total energy aid would hence amount to DM 966 million.
8.4. After lengthy discussions, in which also DOW and VKR participated, Germany agreed to withdraw its proposal and to renegotiate the privatization contract in the sense that Article 15 (3) and (5) would be completely deleted and the cash-flow compensation ceilings would be lowered by DM 162 million, in order to exclude the compensation.
The Commission concludes that these modifications, which it will be able to verify in the renegotiated privatization contract, completely meet its initial objections.
9. Structural deficiencies
9.1. Article 9 (2) of the privatization contract provides for an up-front payment by BvS to BSL of DM 440,5 million, which will be booked as capital contribution, and which will serve to compensate remaining structural deficiencies after the restructuring period.
9.2. The Commission had two objections to this aid. First, aid should be necessary to compensate certain disadvantages after the restructuring had been completed. This would lead to the conclusion that the restructured BSL would still not be viable and under those circumstances the compatibility of the aid package as a whole would become doubtful. Secondly, aid destined for the period after the five-year restructuring period should be paid at the beginning of that restructuring, thus providing BSL with interest on this sum during five years.
9.3. Within the framework of the procedure Germany justified DM 96 million of the DM 440,5 million. It concerns the cost of operating an environmental monitoring system after the restructuring period. This sum and its justification are described in detail in point 12 of this chapter.
A justification was also provided for the cost of constructing an additional boiler system, initially amounting to DM 129 million. Under the procedure it was clarified by Germany that the cost in question constitutes investment cost rather than operating cost and that it was not included in the investment sum mentioned in the original notification, although the investment would take place inside the restructuring period. After discussions with the Commission, Germany decided to increase the sum of restructuring investment by DM 172 million. Similarly, the remaining DM 215,5 million up-front payment was also replaced by additional investment in the cracker and the benzene plant, the construction of propane tanks and a styrene plant amounting to DM 286 million. The additional investment, will replace operating costs that would otherwise be necessary after the restructuring period. The investment aid ceiling will correspondingly be raised by DM 384 million.
9.4. It is the Commission's view that there is an important difference between aid to finance restructuring investment leading to a profitable exploitation, and operating aid serving to compensate operating cost for a longer period. Under the Community guidelines on State aid for rescuing and restructuring firms in difficulty (17) the first type of aid can be considered compatible, if certain conditions are fulfilled, but not the second type.
9.5. The Commission concludes that of the DM 440,5 million only DM 96 million aid to compensate structural disadvantages remains. The compatibility of this aid is examined in point 12. The remaining sum of DM 344,5 million will not be awarded in its original form, but a corresponding amount will be awarded as investment aid, the compatibility of which was examined above in point 6. None of these amounts will be awarded as up-front payments, unless they are discounted to their present value (see also point 13).
10. Social cost and liabilities
10.1. As set out in point 7.2 of this chapter, BSL will reduce its employment from 5 600 to a level of at least 2 200 by 1 January 1999; under the privatization contract Dow is obliged to maintain 1 800 jobs until the year 2003. For the discharged personnel a social plan has been worked out with a budget of DM 110 million. The Commission, in accordance with point 3.2.5 of the aforementioned Community guidelines on State aid for rescuing and restructuring firms in difficulty, looks favourably on such aid.
10.2. DM 110 million is the maximum liability for BvS for legal reasons not expressly provided for in the privatization contract (see privatization contract Article 29). DM 10 million of this sum is the maximum risk for legal costs entailed by the discharge of personnel referred to above.
The Commission notes that the sum of DM 110 million is not a grant to BSL or Dow, but rather constitutes a guarantee against unknown claims, which is not unusual in the case of transfers of companies. The Commission accepts that it is a condition sine qua non for the privatization and hence for the restructuring to take place.
11. Waiving of debt
11.1. In previous communications (see Chapter II, point 4) Germany informed the Commission of previous waivers of debt. For a successful restructuring according to Dow's business plan a complete waiver of long-term debt by the date of transfer (31 May 1995) is held necessary. In its decision of 25 November 1992 on the activities of the THA the Commission noted that the longer a company is held by the THA, and the higher its debt to or guaranteed by the THA is, the less likely will it be that a buyer can be found who will take over these debts or guarantees; as time goes by, loans and guarantees end up being grants. In the present case the waiving of loans, which were at the time granted legally according to Community law, reflect the fact recognized by the Commission in 1992. In order to give the companies a chance to re-establish their long-term profitability, Germany needed to forgo its claims on repayment of loans. This was the only way to prevent that the burden, resulting from the revolutionary changes that took place in the chemical industry in the former German Democratic Republic between 1990 and 1995, would become excessive.
The Commission also notes in this context that there is no difference, in terms of aid control, between a situation where BSL is taken over free of debt for an appropriate price, and on where it is sold with its debt for a negative price. The higher indebtedness in the latter case would, however, cause a more negative cash-flow and correspondingly higher compensation payments during the restructuring period.
The waiver on 31 May 1995 amounted to DM 765,98 million for Buna and to DM 700,54 million for SOW, making a total of DM 1 466,52 million.
11.2. The Commission also investigated whether the waiver provided for in Article 3 of the privatization contract leaves BSL in a better position than other chemical companies in Europe in general and in Germany in particular and whether all debt is waived. Germany stated in this context that there is no complete remittal, given that only specific loans are waived and that other liabilities resulting from current operations are not remitted. The waiver goes together with the skimming of BSL's positive working capital at that date.
After the waiver BSL's equity/total assets ratio of 33 % will be lower than the latest available figures for this sector (1991) of the Bundesbank showing a German average of 39 %. The German chemical industry association calculated an average of 36,5 % for 1994. According to balance sheet comparisons made by Goldman Sachs, the equity/total assets ratio of European and American competitors varies between 32 and 42 %. Consequently BSL's equity/total assets ration is not more advantageous than those of its competitors.
A second way of measuring the proportionality of the waiver of BSL's debt is to calculate the financial cost of companies in relation to their turnover. The Commission notes that BSL's interest burden will account for 2 % of projected turnover, whereas the industrial average in this sector in Germany according to the Bundesbank was 1,3 % in 1991 and 1,6 % in 1992. Competitors in the Community had an average interest burden of 1,6 % in 1994.
BSL's interest burden of 2 % takes into account the financing of the first part of the purchase price (DM 300 million), but not the future sale of the remaining 20 % of the shares, nor Dow's contribution to investment, nor its compensation payments to a cash-flow deficit.
The Commission concludes that the waiver does not leave BSL in a more advantageous position than its competitors. The Commission also notes that Dow could have opted instead for buying the assets only of the three companies, in which case all liabilities would have remained with the BvS.
11.3. As was set out in Chapter II, point 3, the Commission expanded the procedure of Article 93 (2) against aid to Leuna, in order to ensure equal treatment with the aid to Buna and to SOW, given that all three companies were caught by the same restructuring plan. Leuna-Polyolefine GmbH was split off without debt from Leuna, leaving its liabilities with the latter company. The aid falling under the procedure includes a guarantee of DM 266,2 million for investment in the first half of 1994, as well as a shareholder's loan of DM 230,5 million for investment in 1993. Of this aid, DM 33,8 million relates to investment in Leuna's LDPE business, of which DM 17,4 million was withdrawn, leaving DM 16,4 million still to be assessed, of which sum Leuna-Polyolefine GmbH is the real beneficiary.
The remaining guarantee and the shareholder's loan totalling DM 462,9 million to Leuna-Werke GmbH were necessary for carrying out plans to privatize parts split off, such as Leuna-Tenside GmbH (70 employees), Leuna-Katalysatoren GmbH (157 employees) and Leuna Chemtec GmbH (92 employees). The measures necessary for maintaining the site and for fulfilling legal environmental and safety requirements were limited to what was absolutely necessary, thus stabilizing production without creating any new capacity.
In its decision of 18 September 1991 on the activities of the THA referred to in Chapter II, point 1, the Commission laid down that the THA can award guarantees and loans to its companies before their privatization, allowing them to continue operations. The Commission decided in 1991 that these can be considered compatible with the common market, if they are limited to the minimum necessary to secure the continued existence of the companies. As stated above, the measures taken to prepare for privatization and to prevent environmental and other damage were absolutely necessary. As they furthermore did not increase capacity, the Commission considers them compatible with the common market, based on its decisions of 1991 and 1992 on the activities of the THA and of 1995 on the THA's successory institutions.
11.4. In accordance with point 3.2.2 (iii) of the aforementioned Community guidelines on State aid for rescuing and restructuring firms in difficulty, if such aid is used to write off debt resulting from past losses, any tax credits attaching to the losses must be notified.
12. Demolition cost and environmental measures
12.1. In its Article 21 the privatization contract provides for a full environmental indemnification by BvS for pollution which was in existence prior to the economic transfer date, or which arises during the restructuring period from operations existing as of the economic transfer date, without any quantification of the cost this entails to BvS. Under the procedure Germany communicated to the Commission that according to their best estimates the sum would not exceed DM 1 billion and that they would notify the Commission pursuant to Article 93 (3) of the Treaty if this ceiling should be insufficient. Article 21.11 of the privatization contract provides that the environmental pollution referred to above will be recorded by an expert, who will be appointed jointly by the contracting parties.
As was set out in Chapter III, point 3, the bulk of the DM 1 billion does not constitute aid and the remainder, which does constitute aid, cannot be quantified. The Commission also recognizes that it was materially impossible for companies in the new Bundesländer to adapt their installations on 1 July 1990 to the standards applicable in the old Bundesländer. The THA and subsequently the BvS shut down the most polluting installations and carried out necessary investment to adapt the remaining installations to mandatory standards, as referred to in Chapter II, points 2, 3 and 4, but this took time and meanwhile pollution continued. In such a situation the Commission believes it justifiable to divert from the 'polluter-pays principle` laid down in Article 130R (2) of the Treaty, in accordance with the Community guidelines on State aid for environmental protection (18) which in its point 3.4 allows for environmental operating aid under certain well-defined circumstances.
12.2. Chlorine and mercury pollution at great depth on the Buna site causes a continuing threat to groundwater. It is therefore necessary to develop and to apply for a very long period a monitoring system to deal with this hazard. The cost of developing such a system is estimated to amount to DM 75 million; this development, as well as its operation during the restructuring period, will be aided under the cash-flow compensation dealt with above under point 7. The cost of operating the system after the restructuring period is estimated to have a discounted value of DM 96 million and was mentioned above in point 9.3 The Commission notes that the monitoring system is exclusively designed to deal with the mercury pollution caused in the past and which has been brought to an end. Under these circumstances the Commission accepts that the amount of DM 96 million will have no effect on BSL's operations and that it can hence be considered compatible with the common market.
12.3. During the restructuring period BSL will completely dismantle, demolish, vacate and dispose of all obsolete or redundant plants, equipment and property located on all land of BSL. Pursuant to Article 22 (5) of the privatization contract BvS will reimburse BSL up to a maximum amount of DM 750 million.
The Commission notes that most of the buildings are heavily polluted and that their demolition includes the excavation of polluted land. The Commission is of the opinion that these demolition measures, which have already been started by the THA and the BvS, are a necessary prerequisite for the restructuring to take place. As set out in point 12.1 above, there are good reasons in this case to deviate from the 'polluter-pays principle` and to allow the State to finance the demolition, which furthermore does not affect BSL's own operations.
12.4. The Commission also verified whether BSL might make a profit by selling land after it had been cleaned up. The Commission notes that any such sale above DM 1 million during the period in which BvS is a shareholder would need the latter's approval. Furthermore, any income from such sales during the restructuring period would decrease the cash-flow compensation awarded by BvS. The Commission also took note of Germany's assurances that Dow has no intentions to sell land belonging to BSL, but wishes to maintain a green belt around the production sites.
13. General observations
13.1. The Commission's consultants concur in their report with Germany's opinion that the restructuring plan drawn up by Dow will make BSL a profitable company. The Commission's original fears that continued operating aid might be necessary after the restructuring have therefore been shown to be unfounded.
On the other hand, the Commission also requested its consultants to indicate whether the aid package to BSL, the details of which are described in points 6 to 12, would exceed the minimum necessary for establishing BSL as a profitable company. On the basis of cash-flow expectations calculated in several ways, the consultants concluded that the profitability of the venture to Dow appeared to be above average and that Dow's own contribution could hence be raised by DM 380 to 760 million, before reaching what could be considered an average profitability.
The Commission notes that these calculations were based on the original aid package, which included the DM 966 million energy aid described in point 8 and the DM 150 million aid to the aniline plant described in point 6. The Commission also notes that this aid totalling DM 1 116 million will now not be granted. Taking into account that the withheld energy aid will be shared between BSL and its energy supplier VKR in proportions to be negotiated between these two companies, the Commission concludes that BSL's own contribution will increase to an amount above the range indicated above and that its - and hence also Dow's - profitability will not be excessive when compared with competitors. The Commission also notes in this context that there are many hidden risks due to the very unusual nature of the project and that despite all privatization efforts of the THA and the BvS, Dow was the only company willing to take over Buna, SOW and Leuna. The Commission therefore also concurs with the view of its consultants that the point where Dow would lose interest in the project would be reached very quickly.
When it opened the procedure, the Commission also believed that the total amount of aid would be very high, both in absolute terms and in relation to the number of jobs that would be maintained. In this connection, it notes that BvS would have to finance social cost and liabilities (see point 10), the waiving of debt (see point 11), and environmental and demolition cost (see point 12), even if the companies were to shut down immediately. The environmental and demolition costs, and especially social costs, would even be considerably higher in the case of an immediate shutdown.
13.2. The Commission also investigated the price of DM 250 million which Dow will pay for the remaining 20 % of BSL's shares, if it exercises its option to buy these from BvS. On this point Germany stated that BvS and Dow had negotiated this fixed price on the basis of the profit/stock quotation rate in comparable companies, which was extrapolated to the restructured BSL. The Commission notes that the price of DM 250 million is within the higher part of the range thus calculated and that after the completion of the restructuring programme, an annual interest rate of 8 % will be added. The Commission concludes that the price does not involve additional aid.
13.3. Finally, the Commission also investigated whether Dow's contribution to the restructuring is sufficient. The Commission notes that if the totality of the aid described in the preceding points 6 to 12 will be paid out, Dow will contribute the following identifiable sums:
- DM 300 million purchase price for 80 % of the shares in BSL,
- DM 250 million purchase price for the remaining 20 %,
- DM 380 million minimum investment,
- DM 75 million supplementary investment,
- DM 500 million contribution to the cash-flow deficit,
which makes a total of DM 1 505 million. If Dow should decide to carry out its intention to build an aniline plant and necessary ancillary plant, it will itself have to finance this DM 212 million investment.
In view of this sizeable sum and the finding set out in point 13.1, that the aid is limited to the minimum necessary for the restructuring to succeed, it is the Commission's opinion that Dow's contribution is sufficient. In arriving at this conclusion, the Commission has also taken account of the various operating risks during the restructuring period, which may well exceed the modified cash-flow compensation ceilings referred to in point 7 and which would then lead to additional payments by Dow. Dow's commitments to operate the Buna and Böhlen site as well as each of the plants listed in the privatization contract for well-defined periods after the restructuring programme has come to an end also entail a risk, the more so as these commitments are linked to contractual penalties. As set out in point 6.4, no increase in capacity will take place other than what is absolutely necessary for the viability of the project.
13.4. The Commission has also taken into consideration the point that the aid secures an industrial base, with all of its positive ramifications on the employment levels and the region. Article 8 (4) of the privatization contract lays down that Dow and BSL contemplate making investments of DM 1 250 million in addition to the investments under the reconstruction programme until the year 2010, in order to secure the long-term competitiveness, growth and economic viability of the petrochemical complex. According to information provided by Germany, Dow has done its best to attract related manufacturers, notably of synthetic materials, to these sites. Several manufacturers have already signed letters of intent to develop the sites together with Dow.
If the privatization were to fail, however, the basis for the chemical industry in the new Bundesländer would be taken away. As set out above, Dow was the only interested party willing to carry out the privatization plan of THA/BvS in its restructuring plan for all three companies. As the companies are not yet competitive, and as one cannot expect that other investors will be found, the companies would have to be shut down, because they cannot be subsidized for an unlimited period. Such closure would, in turn, at the very least endanger other companies and productions in the new Bundesländer which depend on the products of the petrochemical complex. This applies, amongst others, to Domofin NV's caprolactam production, which depends on the supply of, notably, hydrogen by Leuna, the Stickstoffwerke Piesteritz AG, which itself belongs to the hydrogen league of Leuna, Buna, Bitterfeld and supplies part of its production such as ammonia to the petrochemical complex, and the refinery Leuna 2000.
In its considerations the Commission has also taken into account that the new Bundesländer belong to the regions in need of regional aid pursuant to Article 92 (3) (a) of the EC Treaty and that the aid in question will promote the economic development in Saxony and Saxony-Anhalt.
13.5. The Commission's assessment of the compatibility with the common market of the aid to BSL takes full account of the unprecedented problems which exist in the new Bundesländer. The Commission has repeatedly recognized the importance of these problems in its general decisions concerning aid awarded by the THA and BvS, as referred to in Chapter II, point 1 of this Decision.
In this context the Commission notes the following: On the basis of the polyolefin concept forwarded to the Commission by letter dated 21 June 1994 and after previous privatization efforts had failed, Goldman Sachs & Co. was charged with the search for and negotiations with potential purchasers by means of an open and unconditional call for tender. In 1994 the THA offered a letter of intent (LOI) to three potential investors after presentations and concrete negotiations. Two of the three interested parties rejected the LOI, because they only had an interest in certain areas of production. Dow signed a LOI in September 1994. According to the information provided by Germany only this investor presented a conclusive concept for the complete privatization of the olefin complex of all three companies (only part of Leuna) with a perspective of long-term viability. A report forwarded by Germany to the Commission concerning the privatization efforts of Goldman Sachs demonstrates that Dow was in the end the only bidder for the privatization of the three joint chemical enterprises (BSL).
The Commission notes that the restructuring plan which Dow has worked out for BSL meets the requirements listed in the Community guidelines on State aid for rescuing and restructuring firms in difficulty: viability will be restored, undue distortions of competition through the aid are avoided, the aid is limited to the strict minimum needed to enable restructuring to be undertaken, the aid is related to benefits from a Community point of view, the buyer makes a significant contribution to the restructuring plan from his own resources, no investment is financed unless required for the restructuring, aid for financial restructuring will not unduly reduce the firm's financial charges, the restructuring plan will be fully implemented and will be monitored by the Commission.
In this context, the Commission notes that the restructuring plan will transform the three former companies Buna, SOW and Leuna into a viable, integrated complex. The aid package, as modified within the framework of the procedure and verified by the Commission's consultants, consists of the minimum necessary to achieve this goal; aid amounts for which no justification could be found or which exceeded the minimum necessary were deleted. Whereas olefine capacity will be reduced, capacities for certain downstream products will replace others, increase or be created. The Commission has verified that every one of these increases is an essential and necessary element of the integrated concept and that none of them will create overcapacity. The only doubtful element, the aniline plant and its ancillary plants, was excluded from aided investment. Apart from securing jobs in BSL itself, the restructuring will also have the effect of maintaining and creating employment in this Article 92 (3) (a) region both upstream and downstream from BSL. The Commission finds that, for the reasons stated above, the aid is offset by the Community interest, and concludes that the positive effect of the aid outweighs its negative effects for competitors.
V Conclusions
1. Of the various interventions covered by the procedure the Commission finds that DM 44 million internal BvS consultancy cost does not constitute aid to the companies in question. A large, but not fully quantifiable part of the DM 1 billion environmental indemnification does not constitute aid either.
2. The Commission has identified a maximum of DM 9 556,22 million to BSL which does constitute new aid and which fulfils the requirement of Articles 92 (1) of the EC Treaty and 61 (1) of the EEA Agreement. The Commission has also identified DM 462,9 million new aid to Leuna-Werke AG.
3. Of the aid to BSL the following elements are compatible with the common market pursuant to Article 92 (3) (a) and (c) of the Treaty, if the conditions set out in point 4 below are met:
- a maximum of DM 2 985,5 million investment aid of the DM 3 436 million provided for in the privatization contract, plus DM 50,2 million for investment outside the Dow programme, minus DM 62 million for nitric acid and nitrobenzene plant (see Chapter IV, point 6),
- a maximum of DM 2 988 million of the DM 3 150 million cash-flow compensation during the restructuring period (Chapter IV, point 7),
- a maximum of DM 220 million social aid (Chapter IV, point 10),
- a waiver of debt amounting to DM 1 466,52 (Chapter IV, point 11),
- the remainder of the DM 1 billion environmental cost and DM 750 million demolition cost (Chapter IV, point 12), plus DM 96 million to operate an environmental monitoring system.
The DM 462,9 million aid to Leuna-Werke is also found compatible with the common market if the conditions in point 4 below are met.
4. The following conditions must be met if the aid set out in point 3 is to be compatible with the common market:
- The privatization contract must be amended in order to insert the modifications of the investment aid described in Chapter IV, point 6, among which the exclusion of the aniline, nitric acid and nitrobenzene plant from aided investment. Article 8.3.4 of the privatization contract must be amended in order to exclude incentive payments on the first 10 % of investment cost saved, as set out in point 6.9.
- The privatization contract must also be amended in order to exclude payments to compensate structural deficiencies after the restructuring period (see Chapter IV, point 9), other than DM 96 million for the operation of an environmental monitoring system mentioned in Chapter IV, point 12.2.
- Article 15.3 and 15.5 of the privatization contract must be deleted, as set out in Chapter IV, point 8.
- The privatization contract must also be amended in order to insert the obligation of prior notification pursuant to Article 93 (3) of the Treaty in the following cases provided for in that contract: additional cost of an alternative routing of the pipeline, environmental cost in excess of DM 1 billion, payments to Dow in case of the rescission of the contract.
- If the restructuring is delayed for any reason which is beyond the control and the responsibility of Dow, BSL, or their affiliates, and if Dow and BvS should in such case decide to prolong the restructuring period for up to another two years as provided for in Article 7 of the contract, such prolongation must be notified to the Commission pursuant to Article 93 (3) of the Treaty. The privatization contract must be amended in that respect as well.
- In order to avoid that incompatible aid is granted, any award of fiscal advantages attaching to past losses which have been remitted in accordance with point 3.2.2 (iii) of the Community guidelines on State aid for rescuing and restructuring firms in difficulty must be notified to the Commission.
- A copy of the modified contract must be submitted to the Commission within one month of its conclusion.
- Half-yearly reports must be submitted to the Commission on the progress of restructuring and the amount of aid actually awarded under the various items, allowing it to verify that this Decision is complied with. These reports must be submitted in the first semester of the year following the reporting period. For the same purpose, the Commission also wishes to receive the investment reports referred to in Article 8 of the privatization contract, the annual audits referred to in Article 14.2.4 of the privatization contract and the final report referred to in Article 8.3.3 of the privatization contract. If the Commission should find that aid is awarded for other purposes than provided for in the modified privatization contract, or if other misuse of aid takes place, or if more aid is awarded than allowed under this Decision, the Commission can decide on the basis of Article 93 of the Treaty that such aid amounts must be recovered with interest running from the date of payment,
HAS ADOPTED THIS DECISION:
Article 1
Of the new aid which Germany intends to grant to BSL Olefinverbund GmbH, the Commission finds the following amounts compatible with the common market:
TABLE
Furthermore, the aid of over DM 462,9 million to Leuna Werke AG is also compatible with the common market.
Article 2
Germany shall ensure that the privatization agreement between The Dow Chemical Company, Buna GmbH, Sächsische Olefinwerke GmbH, Leuna-Polyolefine GmbH and Bundesanstalt für vereinigungsbedingte Sonderaufgaben is altered. The following points shall be amended, inserted or deleted:
1. The privatization agreement shall be amended in order to exclude the cost of the aniline, nitric acid and nitrobenzene plant amounting to DM 212 million from the capital contribution of BvS provided for in Article 8.3 of the privatization contract and to include DM 384 million additional contribution for DM 459 million additional investment. Article 8.3.4 of the privatization contract shall be amended in order to exclude incentive payments on the first 10 % saved of the investment cost laid down in the privatization contract.
2. The privatization contract, and in particular Article 9.2 thereof, shall be amended in order to exclude payments to compensate structural deficiencies after the restructuring period, other than DM 96 million for the operation of an environmental monitoring system.
3. Articles 15.3 and 15.5 of the privatization contract shall be deleted.
4. The privatization contract shall be amended so as to include the obligation of prior notification pursuant to Article 93 (3) of the Treaty in the following cases provided for in that contract: additional cost of an alternative routing of the pipeline, environmental cost in excess of DM 1 billion, prolongation of the restructuring period beyond five years, payments to Dow in the event of rescission of the contract.
5. Germany shall ensure that no fiscal advantages can be derived from past losses that are written off.
Article 3
1. A copy of the modified contract shall be submitted to the Commission within one month of its conclusion.
2. Any deviations from the modified contract together with any award of fiscal advantages attaching to past losses shall be notified to the Commission pursuant to Article 93 (3) of the EC Treaty.
Article 4
1. Germany shall submit to the Commission half-yearly reports on the progress of restructuring and the amount of aid actually awarded under the various items in the privatization contract, allowing it to verify that this Decision is complied with. These reports shall also specify all incentive payments made for investment costs saved pursuant to Article 8.3.4 of the privatization contract. These reports shall be submitted in the first semester of the year following the reporting period.
2. Germany shall also submit to the Commission the annual investment reports referred to in Article 8 of the privatization contract, the audits referred to in Article 14.2.4 of the privatization contract and the final report referred to in Article 8.3.3 of the privatization contract within one month of their respective conclusions.
Article 5
Germany shall refrain from granting any further aid to Buna GmbH, Sächsische Olefinwerke GmbH, Leuna-Werke GmbH, Leuna-Polyolefine GmbH or BSL Polyolefinverbund GmbH in support of the restructuring plan which is subject of this Decision.
Article 6
Germany shall inform the Commission within two months of the date of notification of this Decision of the measures it has taken to comply therewith.
Article 7
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 29 May 1996.
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COUNCIL REGULATION (EEC) No 730/91 of 21 March 1991 amending Regulation (EEC) No 1180/77 on imports into the Community of certain agricultural products originating in Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Annex IV to Council Decision No 1/77 of the EEC-Turkey Association Council of 17 May 1977 on new concessions for imports of Turkish agricultural products into the Community stipulates that the additional amount, if any, to be deducted from the levy on imports into the Community of untreated olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Turkey, is to be fixed for each year of application by an Exchange of Letters between the Community and Turkey;
Whereas Regulation (EEC) No 1180/77 (1), as last amended by Regulation (EEC) No 4016/88 (2), implemented the abovementioned Decision, in particular as regards olive oil;
Whereas the Contracting Parties have agreed, by an exchange of letters, to fix the additional amount in question at ECU 10,88 per 100 kilograms for the period from 1 November 1987 to 31 December 1991;
Whereas Article 9 of Regulation (EEC) No 1180/77 should accordingly be amended,
HAS ADOPTED THIS REGULATION:
Article 1
Article 9 (1) (b) of Regulation (EEC) No 1180/77 is hereby replaced by the following:
'(b) an amount equal to the special export charge imposed by Turkey on such oil within a limit of ECU 10,88 per 100 kilograms, that amount being increased from 1 November 1987 to 31 December 1991 by ECU 10,88 per 100 kilograms'.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 1991.
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Commission Regulation (EC) No 50/2003
of 10 January 2003
fixing the maximum export refund on wholly milled round grain rice to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1896/2002
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 1896/2002(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 round grain rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 1896/2002 is hereby fixed on the basis of the tenders submitted from 6 to 9 January 2003 at 153,00 EUR/t.
Article 2
This Regulation shall enter into force on 11 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 January 2003.
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COUNCIL DECISION
of 22 February 2007
on the position of the Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver
(Text with EEA relevance)
(2007/159/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (1), in particular the second indent of Article 4(2), thereof,
Having regard to the proposal of the Commission,
Having regard to the assent of the European Parliament,
Whereas:
(1)
The draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicles with regard to the forward field of vision of the driver (2) provides for the abolition of the technical barriers to the trade of motor vehicles between the Contracting Parties with respect to these aspects, while ensuring a high level of safety.
(2)
It is appropriate to define the Community’s position with regard to the said draft Regulation and consequently to provide for the Community, represented by the Commission, to vote in favour of the draft.
(3)
The draft Regulation should become part of the Community type-approval system for motor vehicles because the scope of Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers (3) is similar to the one of this draft Regulation,
HAS DECIDED AS FOLLOWS:
Article 1
The draft Regulation of the United Nations Economic Commission for Europe (UN/ECE) concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver, as contained in document TRANS/WP.29/2005/2082 is hereby approved.
Article 2
The Community, represented by the Commission, shall vote in favour of the draft UN/ECE Regulation referred to in Article 1 at a forthcoming meeting of the Administrative Committee of the UN/ECE World Forum for Harmonisation of Vehicle Regulations.
Article 3
The UN/ECE Regulation concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver shall become part of the Community type-approval system for motor vehicles.
Done at Brussels, 22 February 2007.
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COMMISSION REGULATION (EC) No 1314/2005
of 11 August 2005
fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 12 August 2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.
(2)
For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.
(3)
Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.
(4)
Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(5)
The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 12 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2005.
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Council Directive 2004/67/EC
of 26 April 2004
concerning measures to safeguard security of natural gas supply
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
After consulting the Committee of the Regions,
Having regard to the opinion of the European Parliament(3),
Whereas:
(1) Natural gas (gas) is becoming an increasingly important component in Community energy supply, and, as indicated in the Green Paper "Towards a European strategy for the security of energy supply", the European Union is expected in the longer term to become increasingly dependent on gas imported from non-EU sources of supply.
(2) Following Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas(4) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC(5), the Community gas market is being liberalised. Consequently, regarding security of supply, any difficulty having the effect of reducing gas supply could cause serious disturbances in the economic activity of the Community; for this reason, there is a growing need to ensure security of gas supply.
(3) The completion of the internal gas market necessitates a minimum common approach to security of supply, in particular through transparent and non-discriminatory security of supply policies compatible with the requirements of such a market, in order to avoid market distortions. Definition of clear roles and responsibilities of all market players is therefore crucial in safeguarding security of gas supply and the well-functioning of the internal market.
(4) Security of supply obligations imposed on companies should not impede the well functioning of the internal market and should not impose unreasonable and disproportionate burden on gas market players, including new market entrants and small market players.
(5) In view of the growing gas market in the Community, it is important that the security of gas supply is maintained, in particular as regards household customers.
(6) A large choice of instruments are available for the industry and, if appropriate, for Member States, to comply with the security of supply obligations. Bilateral agreements between Member States could be one of the means to contribute to the achievement of the minimum security of supply standards, having due regard to the Treaty and secondary legislation, in particular Article 3(2) of Directive 2003/55/EC.
(7) Indicative minimum targets for gas storage could be set either at national level or by the industry. It is understood that this should not create any additional investment obligations.
(8) Considering the importance of securing gas supply, i.e. on the basis of long-term contracts, the Commission should monitor the developments on the gas market on the basis of reports from Member States.
(9) In order to meet growing demand for gas and diversify gas supplies as a condition for a competitive internal gas market, the Community will need to mobilise significant additional volumes of gas over the coming decades much of which will have to come from distant sources and transported over long distances.
(10) The Community has a strong common interest with gas supplying and transit countries in ensuring continued investments in gas supply infrastructure.
(11) Long-term contracts have played a very important role in securing gas supplies for Europe and will continue to do so. The current level of long term contracts is adequate on the Community level, and it is believed that such contracts will continue to make a significant contribution to overall gas supplies as companies continue to include such contracts in their overall supply portfolio.
(12) Considerable progress has been made in developing liquid trading platforms and through gas release programmes at national level. This trend is expected to continue.
(13) The establishment of genuine solidarity between Member States in major emergency supply situations is essential, even more so as Member States become increasingly interdependent regarding security of supply.
(14) The sovereign rights of Member States over their own natural resources are not affected by this Directive.
(15) A Gas Coordination Group should be established, which should facilitate coordination of security of supply measures at Community level in the event of a major supply disruption, and may also assist member States in coordinating measures taken at a national level. In addition, it should exchange information on security of gas supply on a regular basis, and should consider aspects relevant in the context of a major supply disruption.
(16) Member States should adopt and publish national emergency provisions.
(17) This Directive should provide rules applicable in the event of a major supply disruption; the foreseeable length of such a supply disruption should cover a significant period of time of at least eight weeks.
(18) Regarding the handling of a major supply disruption, this Directive should provide for a mechanism based on a three step approach. The first step would involve the reactions of the industry to the supply disruption; if this were not sufficient, Member States should take measures to solve the supply disruption. Only if the measures taken at stage one and two have failed should appropriate measures be taken at Community level.
(19) Since the objective of this Directive, namely ensuring an adequate level for the security of gas supply, in particular in the event of a major supply disruption, whilst contributing to the proper functioning of the internal gas market, cannot, in all circumstances, be sufficiently achieved by the Member States, particularly in light of the increasing interdependency of the Member States regarding security of gas supply, and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Objective
This Directive establishes measures to safeguard an adequate level for the security of gas supply. These measures also contribute to the proper functioning of the internal gas market. It establishes a common framework within which Member States shall define general, transparent and non-discriminatory security of supply policies compatible with the requirements of a competitive internal gas market; clarify the general roles and responsibilities of the different market players and implement specific non-discriminatory procedures to safeguard security of gas supply.
Article 2
Definitions
For the purpose of this Directive:
1. "long-term gas supply contract" means a gas supply contract with a duration of more than 10 years;
2. "major supply disruption" shall mean a situation where the Community would risk to lose more than 20 % of its gas supply from third countries and the situation at Community level is not likely to be adequately managed with national measures.
Article 3
Policies for securing gas supply
1. In establishing their general policies with respect to ensuring adequate levels of security of gas supply, Member States shall define the roles and responsibilities of the different gas market players in achieving these policies, and specify adequate minimum security of supply standards that must be complied with by the players on the gas market of the Member State in question. The standards shall be implemented in a non-discriminatory and transparent way and shall be published.
2. Member States shall take the appropriate steps to ensure that the measures referred to in this Directive do not place an unreasonable and disproportionate burden on gas market players and are compatible with the requirements of a competitive internal gas market.
3. A non-exhaustive list of instruments for the security of gas supply is given in the Annex.
Article 4
Security of supply for specific customers
1. Member States shall ensure that supplies for household customers inside their territory are protected to an appropriate extent at least in the event of:
(a) a partial disruption of national gas supplies during a period to be determined by Member States taking into account national circumstances;
(b) extremely cold temperatures during a nationally determined peak period;
(c) periods of exceptionally high gas demand during the coldest weather periods statistically occurring every 20 years,
These criteria are referred to in this Directive as "security of supply standards".
2. Member States may extend the scope of paragraph 1 in particular to small and medium-sized enterprises and other customers that cannot switch their gas consumption to other energy sources, including measures for the security of their national electricity system if it depends on gas supplies.
3. A non-exhaustive list in the Annex sets out examples of instruments which may be used in order to achieve the security of supply standards.
4. Member States, having due regard to the geological conditions of their territory and the economic and technical feasibility, may also take the necessary measures to ensure that gas storage facilities located within their territory contribute to an appropriate degree to achieving the security of supply standards.
5. If an adequate level of interconnection is available, Member States may take the appropriate measures in cooperation with another Member State, including bilateral agreements, to achieve the security of supply standards using gas storage facilities located within that other Member State. These measures, in particular bilateral agreements, shall not impede the proper functioning of the internal gas market.
6. Member States may set or require the industry to set indicative minimum targets for a possible future contribution of storage, either located within or outside the Member State, to security of supply. These targets shall be published.
Article 5
Reporting
1. In the report published by Member States pursuant to Article 5 of Directive 2003/55/EC, Member States shall also cover the following:
(a) the competitive impact of the measures taken pursuant to Articles 3 and 4 on all gas market players;
(b) the levels of storage capacity;
(c) the extent of long-term gas supply contracts concluded by companies established and registered on their territory, and in particular their remaining duration, based on information provided by the companies concerned, but excluding commercially sensitive information, and the degree of liquidity of the gas market;
(d) the regulatory frameworks to provide adequate incentives for new investment in exploration and production, storage, LNG and transport of gas, taking into account Article 22 of Directive 2003/55/EC as far as implemented by the Member State.
2. This information shall be considered by the Commission in the reports that it issues pursuant to Article 31 of Directive 2003/55/EC in the light of the consequences of that Directive for the Community as a whole and the overall efficient and secure operation of the internal gas market.
Article 6
Monitoring
1. The Commission shall monitor, on the basis of the reports referred to in Article 5(1):
(a) the degree of new long-term gas supply import contracts from third countries;
(b) the existence of adequate liquidity of gas supplies;
(c) the level of working gas and of the withdrawal capacity of gas storage;
(d) the level of interconnection of the national gas systems of Member States;
(e) the foreseeable gas supply situation in function of demand, supply autonomy and available supply sources at Community level concerning specific geographic areas in the Community.
2. Where the Commission concludes that gas supplies in the Community will be insufficient to meet foreseeable gas demand in the long term, it may submit proposals in accordance with the Treaty.
3. By 19 May 2008 the Commission shall submit a review report to the European Parliament and the Council on the experience gained from the application of this Article.
Article 7
Gas Coordination Group
1. A Gas Coordination Group is hereby established in order to facilitate the coordination of security of supply measure (the Group).
2. The Group shall be composed of the representatives of Member States and representative bodies of the industry concerned and of relevant consumers, under the chairmanship of the Commission.
3. The Group shall adopt its Rules of Procedure.
Article 8
National emergency measures
1. Member States shall prepare in advance and, if appropriate, update national emergency measures and shall communicate these to the Commission. Member States shall publish their national emergency measures.
2. Member States' emergency measures shall ensure, where appropriate, that market players are given sufficient opportunity to provide an initial response to the emergency situation.
3. Subject to Article 4(1), Member States may indicate to the Chair of the Group events which they consider, because of their magnitude and exceptional character, cannot be adequately managed with national measures.
Article 9
Community mechanism
1. If an event occurs that is likely to develop into a major supply disruption for a significant period of time, or in the case of an event indicated by a Member State according to Article 8(3), the Commission shall convene the Group as soon as possible, at the request of a Member State or on its own initiative.
2. The Group shall examine, and, where appropriate, assist the Member States in coordinating the measures taken at national level to deal with the major supply disruption.
3. In carrying out its work, the Group shall take full account of:
(a) the measures taken by the gas industry as a first response to the major supply disruption;
(b) the measures taken by Member States, such as those taken pursuant to Article 4, including relevant bilateral agreements.
4. Where the measures taken at national level referred to in paragraph 3 are inadequate to deal with the effects of an event referred to in paragraph 1, the Commission may, in consultation with the Group, provide guidance to Member States regarding further measures to assist those Member States particularly affected by the major supply disruption.
5. Where the measures taken at national level pursuant to paragraph 4 are inadequate to deal with the effects of an event referred to in paragraph 1, the Commission may submit a proposal to the Council regarding further necessary measures.
6. Any measures at Community level referred to in this Article shall contain provisions aimed at ensuring fair and equitable compensation of the undertakings concerned by the measures to be taken.
Article 10
Monitoring of implementation
1. By 19 May 2008, the Commission shall, in the light of the manner in which Member States have implemented this Directive, report on the effectiveness of the instruments used with regard to Article 3 and 4 and their effect on the internal gas market and on the evolution of competition on the internal gas market.
2. In the light of the results of this monitoring, where appropriate, the Commission may issue recommendations or present proposals regarding further measures to enhance security of supply.
Article 11
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 May 2006. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 12
Entry into force
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 13
This Directive is addressed to the Member States.
Done at Luxembourg, 26 April 2004.
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COUNCIL DIRECTIVE 92/97/ EEC of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles
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 measures should be adopted with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market will comprise an area without internal frontiers in which the free movement of goods, persons, services and capital will be ensured;
Whereas the European Parliament has already called on the Commission to submit a proposal in 1992 laying down the maximum permissible noise limits taking account of the noise disturbance thresholds defined by the Organization for Economic Cooperation and Development (OECD);
Whereas Council Directive 70/157/EEC (4) lays down limit values for the sound level of motor vehicles; whereas these limit values were reduced for the first time by Directive 77/212/EEC (5) and for the second time by Directive 84/424/EEC (6); whereas these reductions were particularly severe in the case of motor buses, motor coaches and lorries, amounting to approximately 10 decibels (dB (A));
Whereas Council Directive 70/157/EEC is one of the separate directives of the EEC type-approval procedure established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (7);
Whereas the Council, in adopting Directive 84/424/EEC amending Directive 70/157/EEC, decided that the provisions of the Directive would later be reviewed on a proposal from the Commission; whereas the proposal from the Commission was based on studies and research concerning possible further legislative measures taking account simultaneously of all the main aspects of Community rules in the motor-vehicle sector, in particular those relating to safety, environmental protection and energy conservation;
Whereas the protection of the public against noise pollution requires additional suitable measures to reduce still further the sound level of motor vehicles; whereas such measures must take account of the technological advances to be applied; whereas enough time must consequently be allowed for their implementation after adoption of this Directive so that the technological advances, at present at the prototype stage, can be applied to series production; whereas the limit values currently applicable to heavy goods vehicles took effect only from 1 October 1989;
Whereas achievement of a significant and effective reduction of such nuisances will require that the differences between the measuring techniques in current use and the actual traffic conditions be reduced to the maximum extent possible; whereas certain types of technology cannot yet be verified and are not yet comparable with those used hitherto in the type-approval procedures for motor vehicles;
Whereas the current measuring conditions, and in particular the definition of the surface of the test track and certain ambient conditions during the tests, such as temperature, atmospheric pressure, humidity, wind speed and background noise require more detailed description; whereas those closer details will be provided as soon as possible by means of the procedure referred to in Article 13 of Directive 70/156/EEC;
Whereas, of the noise pollution emanating from vehicles, that caused by the tyres has proved to be particularly severe when the vehicles' speed exceeds 60 km/h; whereas protecting the public effectively against noise pollution, particularly that caused by traffic in urban areas, requires that two further stages be completed; whereas the first stage, covered by this Directive, consists in giving as much additional weight as possible to the current requirements for each category of vehicle with respect to the sound levels of the mechanical parts and exhaust systems of motor vehicles; whereas the second stage - in the light of further, more detailed studies and research on the problems associated with, and the technical solutions for noise created by, the contact between tyres and the road surface - will result in the establishment of realistic and reproducible criteria and methods for determining this important type of noise pollution and for laying down the corresponding requirements to be complied with;
Whereas completion of the first stage requires that Annex I to Directive 70/157/EEC be amended by reducing the sound-level values expressed in dB (A) for each category of vehicle referred to in the said Annex and by improving the test method for high-powered vehicles; whereas this type of vehicle is increasingly being designed so as to produce a higher ratio between engine power and vehicle mass and the curve representing the torque as a function of engine speed has been modified to produce greater motive force at low engine speed; whereas these new designs consequently give rise to greater use of gear ratios in urban traffic and have a major influence on the noise emitted by the mechanical parts as compared with road noise; whereas account has been taken of these new designs by modifying the measuring technique for this type of vehicle, due allowance having been made for the speed of approach to the acceleration section where the sound level is to be measured;
Whereas, given the many different types of tyre and road surface which exist and which correspond to the different geographical and atmospheric conditions, it is necessary to continue studies and research so as to be able to establish criteria to be met by tyres and to define a numerical value for the type-approval of motor vehicles; whereas the results of such studies and research will permit the introduction, at a second stage, of further requirements, in addition to measures covering noise of mechanical source;
Whereas the control of sound emissions produced by the interaction between tyres and roadway must be based not only on tyres but also on the composition of the asphalt (noise-absorbing asphalt); whereas it is necessary to continue studies and research so as to be able to ascertain numerical indices in order to establish objective criteria for road conformity;
Whereas Member States should be allowed to advance the authorization for introduction of vehicles which satisfy the Community standards by means of tax incentives; whereas this implies that the Council should, by 1 October 1995, adopt the requirements for the second stage, for which the Commission will present a proposal by 31 March 1994;
Whereas, to enable the European environment to obtain maximum benefit from these provisions while at the same time ensuring the unity of the market, it is necessary to lay down stricter European standards based on total harmonization,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes to Directive 70/157/EEC are hereby replaced by the Annexes to this Directive.
Article 2
1. With effect from 1 July 1993, Member States may not, on grounds relating to the permissible sound level and the exhaust system:
- refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval,
or
- prohibit the initial entry into service of vehicles,
if the sound level and the exhaust system of this type of vehicle or of these vehicles comply with the requirements of Directive 70/157/EEC as amended by this Directive.
2. With effect from 1 October 1995, Member States:
- may no longer grant EEC type-approval or issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle,
- must refuse to grant national type-approval in respect of a type of motor vehicle,
of which the sound level and the exhaust system do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended by this Directive.
3. With effect from 1 October 1996, Member States shall prohibit the initial entry into service of motor vehicles of which the sound level and the exhaust systems do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended by this Directive.
Article 3
Member States may make provision for tax incentives only in respect of motor vehicles which comply with this Directive. Such incentives must comply with the provisions of the Treaty and, in addition, must meet the following conditions:
- they must apply to all nationally-manufactured motor vehicles and all imported vehicles which are offered for sale on the market of a Member State and which meet, in advance, the requirements of this Directive due to be complied with in 1995,
- they shall be terminated with effect from the mandatory application of the sound level values laid down in Article 2 (3) for new motor vehicles,
- in respect of each type of motor vehicle, they must represent an amount substantially below the additional cost of the technical solutions introduced to ensure compliance with the established values and of their installation on the vehicle.
The Commission must be informed in good time of plans to institute or change tax incentives as referred to in the first subparagraph. The Commission must give its consent before such incentives are put into effect and must, in particular, take into account the impact of such incentives on the internal market.
Article 4
1. Specific details on the conditions of measurement shall be supplied as soon as possible via the procedure referred to in Article 13 of Directive 70/156/EEC.
2. Subsequent measures intended, in particular, to reconcile safety requirements with the need to limit the noise arising from contact between tyres and the road surface shall be decided upon before 1 October 1995 by the Council acting by a qualified majority on the basis of a proposal from the Commission, which shall take account of the studies and research to be performed on this source of noise, and shall be presented by 31 March 1994.
3. Member States shall take the necessary measures to have the type-approval sound level values published in such a way as to make them widely accessible, before 1 October 1994. They shall inform the Commission before this date of the steps taken to comply with this requirement.
Article 5
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1993. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 10 November 1992.
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COMMISSION REGULATION (EC) No 1216/2008
of 5 December 2008
amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia (1), and in particular Article 11(a) thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 872/2004 lists the natural and legal persons, bodies and entities covered by the freezing of funds and economic resources under that Regulation.
(2)
On 2 and 24 October and on 10 November 2008, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 872/2004 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 2008.
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COMMISSION REGULATION (EEC) No 1316/93 of 28 May 1993 laying down detailed rules of application for the management of an annual quota of 1 000 tonnes of cheese and curds opened by the Community to Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1108/93 of 4 May 1993 on certain rules of application of the Bilateral Agricultural Agreements concluded between the Community, of the one part, and Austria, Finland, Iceland, Norway and Sweden, of the other part (1), and in particular Article 1 thereof,
Whereas, under an Agreement concluded between the Community and Sweden on 17 March 1993, access should be given to all Community importers to the annual tariff quota of 1 000 tonnes of cheese and curds originating in Sweden provided for in the Annex to the Bilateral Agreement signed in Oporto on 2 May 1992, and on import levy of zero ecus per tonne should be set each year until that quantity is exhausted;
Whereas the Community has undertaken to open the quota from 15 April 1993 and the quota must therefore be reduced pro rata temporis for 1993;
Whereas this system of management requires close cooperation between the Member States and the Commission; whereas the Commission must, in particular, be able to monitor the drawdown of the tariff quota and keep the Member States informed;
Whereas provision should be made for import licences to be issued for the products in question within the stated quantity after a period of deliberation and, where necessary, subject to the application of a single percentage reduction of the quantities applied for;
Whereas in order to guarantee the origin of the products, provision should be made for making the issue of import licnces subject to the presentation of proof of origin issued or drawn up in Sweden;
Whereas it is appropriate to lay down the information to be included on applications and licences, notwithstanding Articles 8 and 21 of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), as last amended by Regulation (EEC) No 2101/92 (3);
Whereas, in order to ensure the efficient management of the system, provision should be made for the security in respect of import licences under the said system to be fixed at ECU 30 per 100 kilograms;
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
Products falling within CN code 0406 originating in Sweden, for which an annual tariff quota of 1 000 tonnes at a zero levy has been opened under the arrangements provided for in the Bilateral Agreement concluded between the Community and Sweden, may be imported into the Community in accordance with the provisions of this Regulation.
For 1993, however, the quota shall be reduced pro rata temporis to 708 tonnes in accordance with point 2 of Annex II to that Agreement.
The quantity shall be spread over two periods:
- 50 % during the period 15 April until 31 August 1993,
- 50 % during the period 1 September to 31 December 1993.
From 1 January 1994 onwards, the quantities referred to in Annex I shall be allocated over the year as follows:
- 25 % during the period 1 January to 31 March,
- 25 % during the period 1 April to 30 June,
- 25 % during the period 1 July to 30 September,
- 25 % during the period 1 October to 31 December.
Article 2
Import licence applications shall only be accepted where accompanied by the original of the proof of origin of the product concerned, issued or drawn up in Sweden in accordance with Annex VI to the Bilateral Agreement concluded between the Community and Sweden.
Article 3
For the purposes of the import arrangements referred to in Article 1, the following provisions shall apply:
(a) an applicant for an import licence must be a natural or legal person who, at the time the application is submitted, can prove to the satisfaction of the competent authorities of the Member State concerned that he has been trading in milk or milk products with third countries during the last 12 months and that he is entered in the official register of a Member State;
(b) licence applications may only relate to CN code 0406 and to a product originating in Sweden.
Licence applications must relate to a minimum of one tonne and a maximum of 25 % of the quantity available for the product concerned for each period as defined in Article 1 for which the licence application is submitted;
(c) in box 8 of licence applications and licences shall be entered 'Sweden'; licences shall carry an obligation to import from that country;
(d) box 20 of licence applications and licences shall contain one of the following references:
Reglamento (CEE) no 1316/93,
Forordning (EOEF) nr. 1316/93,
Verordnung (EWG) Nr. 1316/93,
Kanonismos arith. (EOK) 1316/93,
Regulation (EEC) No 1316/93,
Règlement (CEE) no 1316/93,
Regolamento (CEE) n. 1316/93,
Verordening (EEG) nr. 1316/93,
Regulamento (CEE) no 1316/93;
(e) box 24 of licences shall contain one of the following references:
Reducción de la exacción reguladora establecida en el Reglamento (CEE) no 1316/93,
Nedsaettelse, jf. forordning (EOEF) nr. 1316/93 af importafgiften,
Ermaessigung der Abschoepfung gemaess der Verordnung (EWG) Nr. 1316/93,
Meiosi toy dasmoy ypos provlepetai apo ton kanonismo (EOK) arith. 1316/93,
Levy reduced in accordance with Regulation (EEC) No 1316/93,
Réduction du prélèvement prévue par le règlement (CEE) no 1316/93,
Riduzione del prelievo a norma del regolamento (CEE) n. 1316/93,
Heffing verlaagd overeenkomstig Verordening (EEG) nr. 1316/93,
Reduçao do direito nivelador prevista no Regulamento (CEE) no 1316/93.
Article 4
1. Licence applications may only be submitted during the first 10 days of each period defined to in Article 1.
2. Licence applications shall only be accepted where the applicant declares in writing that he has not submitted, and undertakes not to submit, any other applications in respect of the current period concerning products having the same CN code and the same country of origin, whether in the Member States in which his application is submitted or in any other Member State; where the same applicant submits more than one application relating to the same product, all his applications shall be rejected.
3. The Member States shall notifiy the Commission, on the third working day following the end of the period for the submission of applications, of applications submitted for each of the products listed in Annex I. This notification shall include a list of applicants, the quantities applied for and the country of origin. All notifications, including notifications showing a total absence of applications, shall be made by telex or fax on the working day stipulated, in accordance with the model set out in Annex II hereto where no application is made and in accordance with the models set out in Annexes II and III where applications have been made.
4. The Commission shall decide to what extent quantities may be awarded in respect of applications as referred to in Article 3.
If the quantities in respect of which licences have been applied for exceed the quantities available, the Commission shall fix a single percentage reduction of the quantities applied for. If the applicant considers the quantity obtained by applying that percentage to be insufficient, he may refrain from using the licence. In that case he shall notify the competent authority of this decision before the deadline laid down in paragraph 5.
Where, pursuant to the second subparagraph, quantities are freed and/or the overall quantity for which applications have been submitted is less than the quantity available, the Commission shall calculate the quantity remaining which shall be added to the quantity available in respect of the following period.
5. A licence shall be issued as soon as possible after the Commission decision to accept the application.
Article 5
Pursuant to Article 21 (2) of Regulation (EEC) No 3719/88, import licences shall be valid for 60 days from the date of actual issue.
However, licences shall not be valid after 31 December of the year in which they are issued.
Import licences issued pursuant to this Regulation shall not be transferable.
Article 6
The lodging of a security of ECU 30 per 100 kilograms shall be required for import licence applications for all products referred to in Article 1.
Article 7
Without prejudice to the provisions of this Regulation, Regulation (EEC) No 3719/88 shall apply.
However, notwithstanding Article 8 (4) of that Regulation, the quantity imported under this Regulation may not exceed that indicated in boxes 17 and 18 of the import licence. The figure '0' shall be entered to that effect in box 19 of the said licence.
Article 8
The release into free circulation of the imported products shall be subject to the presentation of the original of the proof of origin, namely either the EUR 1 certificate or the invoice declaration issued or drawn up in Sweden in accordance with Annex VI to the Bilateral Agreement.
Article 9
Products shall only be eligible under these arrangements on presentation of a declaration by the competent Swedish authorities that no export subsidy has been paid in respect of the quantities in question.
Article 10
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 15 April 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 May 1993.
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*****
COMMISSION DECISION
of 23 March 1987
accepting undertakings given in connection with the anti-dumping proceeding concerning imports of outboard motors originating in Japan and terminating the investigation
(87/210/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,
After consultations within the Advisory Committee as provided for by the above Regulation,
Whereas:
A. Procedure
(1) On 26 November 1985, the Commission reopened the anti-dumping investigation concerning outboard motors originating in Japan following a request for review lodged by Community producers representing a major proportion of the Community production of outboard motors (2). The request for review contained evidence of renewed dumping and renewed injury caused thereby which was considered sufficient to warrant the reopening of the investigation. The products referred to in the request for review are outboard motors up to and including 63 kW (85 hp) falling within subheading ex 84.06 B of the Common Customs Tariff, corresponding to NIMEXE codes 84.06-10 and ex 84.06-12.
(2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainant, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.
All but one of the Community producers, the exporters concerned and some importers, as well as two associations representing boat builders and users, made their views known in writing. In addition, one Community producer and all the exporters concerned requested, and were granted, a hearing.
(3) The Commission sought and verified all information it considered necessary and carried out investigations at the premises of the following:
EEC producers:
- Outboard Marine Belgium SA, Bruges, Belgium,
- Outboard Marine Deutschland GmbH, Mannheim, Germany,
- Outboard Marine France, Paris, France,
- Outboard Marine UK, Northampton, United Kingdom,
- Selva SpA, Tirano, Italy;
Exporters:
- Honda Motor Co., Tokyo, Japan,
- Suzuki Motor Co., Hamomatsu, Japan,
- Tohatsu Corporation, Tokyo, Japan,
- Yamaha Motor Co., Hamamatsu, Japan;
Importers:
- Honda Deutschland GmbH, Offenbach, Germany,
- Marine Power-Europe Inc., Verviers, Belgium,
- Suzuki Deutschland GmbH, Heppenheim, Germany,
- Yamaha Motor Europe NV, Uithoorn, Netherlands,
- Yamaha Motor France, Paris, France,
- Yamaha Motor Netherlands, Uithoorn, Netherlands,
- Mitsui Machinery Sales (UK) Ltd, Chessington, United Kingdom.
The investigation of dumping covered the period from 1 January to 31 October 1985.
B. Scope of the investigation
(4) The Commission found that, during the investigation period, by far the largest of the Community producers ceased producing outboard motors of above 18,5 kW (25 hp). The only other complainant Community producer produces only relatively small quantities of outboard motors of more than 18,5 kW and, in 1985, accounted for less than 5 % of total Community production of such motors. The Commission, consequently, did not find it appropriate to cover in its investigation outboard motors of up to 63 kW (85 hp) as was requested in the application for review.
(5) It was, however, considered reasonable for the present investigation to cover outboard motors of up to 26 kW (35 hp), since motors of 26 kW closely resemble 18,5 kW outboard motors with regard to motor capacity, design, weight and technical features.
C. Normal value
(6) For Honda Motor Co. and Yamaha Motor Co., the Commission established the normal value on the basis of domestic prices actually paid or payable in the ordinary course of trade for the like product, since these prices were shown to be profitable.
(7) For Suzuki Motor Co. and Tohatsu Corporation, the Commission determined the normal value on the basis of constructed value, since the sales of these two companies on the domestic market did not provide a sufficient basis for the calculation of normal value. The constructed value was determined by adding the cost of production, including a reasonable amount for selling, administrative and other general expenses, and a reasonable margin of profit.
D. Export price
(8) Export prices were determined by the Commission on the basis of the prices actually paid or payable for the products sold for export to the Community.
(9) Where exports were made to subsidiary companies in the Community export prices were constructed on the basis of the prices at which the imported product was first resold to an independent buyer, suitably adjusted to take account of all costs incurred between importation and resale including customs duty, and of a profit margin of 5 % considered reasonable in the light of the profit margins of independent importers of the product concerned.
E. Comparison
(10) In comparing normal value with export prices, the Commission took account, where appropriate, of differences affecting price comparability, in particular discounts and rebates, credit terms, transport, insurance, handling, packing and salesmen's salaries. Due allowance for such differences was made where claims in these areas could be satisfactorily demonstrated. All comparisons were made at ex-works level and for each individual transaction.
F. Margins
(11) The above examination of the facts shows the existence of dumping in respect of all exporters involved, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community.
(12) These margins vary according to the exporter, the importing Member State and the type of outboard motor concerned, the weighted average margin for each of the exporters investigated being as follows:
1.2 // - Honda Motor Co.: // 16,2 %, // - Suzuki Motor Co.: // 51,6 %, // - Tohatsu Corporation: // 43,3 %, // - Yamaha Motor Co.: // 53,2 %.
G. Injury
(13) In 1983, after having carried out an anti-dumping investigation, the Commission, by Regulation (EEC) No 1500/83 (1), established that dumped imports of outboard motors originating in Japan had caused injury to the Community industry concerned and that protective measures were necessary. The Commission subsequently, by Decision 83/452/EEC (2), accepted undertakings by most of the exporters concerned with a view to eliminating the injury by voluntary price increases for the exported products. For all other exporters a definitive anti-dumping duty was imposed by Council Regulation (EEC) No 2809/83 (3).
(14) While these measures contributed to an improvement of the position of the Community producers of outboard motors in 1984, the situation of this industry deteriorated again in 1985. It is still characterized by low capacity utilization, considerable losses and high import penetration.
(15) With regard to the renewed injury caused by the dumped imports, the evidence available to the Commission shows, more specifically, that imports of outboard motors into the Community from Japan fell from 67 204 units in 1983 to 46 654 units in 1984, but increased again to 56 577 units in 1985. This resurgence represents an increase of 21 % in one year.
(16) At the same time, consumption of outboard motors within the Community fell from 161 209 units in 1983 to 127 959 units in 1984, but increased again to 137 465 units in 1985, i. e. by 7,4 %. Consequently, the market share in the Community held by outboard motors imported from Japan, having fallen from 41,7 % in 1983 to 36,5 % in 1984, went up again to 41,2 % in 1985.
(17) The market share held by Community producers of outboard motors during that three-year period went up from 50,3 % to 53,4 %, but decreased again to 53,2 %.
(18) With regard to the prices at which the dumped imports from Japan were sold within the Community during the investigation period, clear cases of price undercutting were found in some instances only. It was found that, in view of the fact that imports from Japan were regaining market share, the Community industry was unable to raise its prices above the price levels set out in the undertakings accepted in 1983. From 1984, however, these prices proved to be insufficient to substantially remedy the injury suffered by the Community producers.
(19) As a consequence, the Community outboard motor industry continued to incur losses, which increased, in particular, in 1985. Furthermore, employment in this industry decreased by another 7 % from 1983 to 1985 and declined by another 20 % due to dismissals already notified to personnel during the investigation period.
(20) The Commission considered whether injury has been caused by other factors, in particular the volume of imports of outboard motors from other third countries. It was found, however, that those imports declined from 12 964 units in 1983 to 7 612 units in 1985, with a consequent reduction in market share from 8 % to 5,6 %. The Commission, therefore, determines that the effects of the dumped imports of outboard motors originating in Japan, taken in isolation, have to be considered as constituting material injury to the Community industry concerned.
H. Community interest
(21) During the course of its investigation, the Commission received submissions from two associations representing boat builders in two of the Member States. Those submissions warned, in general terms, against the negative effects on the boat-building industry of any price increase for outboard motors.
(22) The Commission asked both associations to substantiate further their arguments, in particular with regard to exact figures relating, for example, to price increases for boats, the development of price ratios between boats and outboard motors, as well as financial losses and reduction in employment. The subsequent replies did not provide such figures, but only reiterated the general concern and pointed to the adverse effect of protective measures on importers and dealers of outboard motors.
(23) The Commission has weighed these arguments, which remained unsubstantiated for the most part, against the serious difficulties still facing the Community outboard-motor industry and has come to the conclusion that it is in the Community's interest that action be taken.
I. Undertakings
(24) The exporters concerned were informed of the main findings of the investigation and commented on them. Undertakings were subsequently offered by Honda Motor Co., Suzuki Motor Co., Tohatsu Corporation, including undertakings offered by Marine Power Europe Inc. and Nissan Motor Nederland BV on behalf of Tohatsu Corporation, and Yamaha Motor Co., including an undertaking by Marine Power Europe Inc. on behalf of Yamaha Motor Co.
(25) The effect of the said undertakings will be to ensure that export prices to the Community will be at a level sufficient to eliminate injury to the Community industry. The price increases foreseen in these undertakings in no case exceed the dumping margins found in the investigation. Moreover, it appears that correct operation of these undertakings can be effectively monitored, in particular since the Commission during its investigation did not observe any violations of the undertakings previously in force. (26) In these circumstances, the undertakings offered are considered acceptable and the investigation with regard to these exporters may, therefore, be terminated without the imposition of anti-dumping duties.
(27) No objection to this course was raised in the Advisory Committee,
HAS DECIDED AS FOLLOWS:
Article 1
The undertakings given by Honda Motor Co., Tokyo, Suzuki Motor Co., Hamamatsu, Tohatsu Corporation, Tokyo, including the undertakings given by Marine Power Europe Inc., Belgium, and Nissan Motor Nederland BV, Netherlands on behalf of Tohatsu Corporation, and Yamaha Motor Co., Hamamatsu, including the undertaking given by Marine Power Europe Inc. on behalf of Yamaha Motor Co., in connection with the anti-dumping proceeding concerning imports of outboard motors falling within Common Customs Tariff subheading ex 84.06 B, corresponding to NIMEXE codes 84.06-10 and ex 84.06-12, originating in Japan, are hereby accepted.
Article 2
The anti-dumping investigation referred to in Article 1 is hereby terminated.
Done at Brussels, 23 March 1987.
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Council Decision
of 13 June 2002
setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes
(2002/494/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Title VI of the Treaty on European Union, and in particular Article 30 and Article 34(2)(c) thereof,
Having regard to the initiative of the Kingdom of the Netherlands,
Having regard to the opinion of the European Parliament(1),
Whereas:
(1) The International Criminal Tribunals for the former Yugoslavia and for Rwanda have since 1995 been investigating, prosecuting and bringing to justice violations of laws and customs of war, genocide and crimes against humanity.
(2) The Rome Statute of the International Criminal Court of 17 July 1998 affirms that the most serious crimes of concern to the international community as a whole, in particular genocide, crimes against humanity and war crimes, must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation.
(3) The Rome Statute recalls that it is the duty of every State to exercise its criminal jurisdiction over those responsible for such international crimes.
(4) The Rome Statute emphasises that the International Criminal Court established under it is to be complementary to national criminal jurisdictions.
(5) All Member States of the European Union have either signed or ratified the Rome Statute.
(6) The investigation and prosecution of, and exchange of information on, genocide, crimes against humanity and war crimes is to remain the responsibility of national authorities, except as affected by international law.
(7) Member States are being confronted with persons who were involved in such crimes and are seeking refuge within the European Union's frontiers.
(8) The successful outcome of effective investigation and prosecution of such crimes at national level depends to a high degree on close cooperation between the various authorities involved in combating them.
(9) It is essential that the relevant authorities of the States Parties to the Rome Statute, including the Member States of the European Union, cooperate closely in this connection.
(10) Close cooperation will be enhanced if the Member States make provision for direct communication between centralised, specialised contact points.
(11) Close cooperation between such contact points may provide a more complete overview of persons involved in such crimes, including the question of in which Member States they are the subject of investigation.
(12) The Member States, in Council Common Position 2001/443/CFSP of 11 June 2001 on the International Criminal Court(2), have expressed that the crimes within the jurisdiction of the International Criminal Court are of concern for all Member States, which are determined to cooperate for the prevention of those crimes and for putting an end to the impunity of the perpetrators thereof.
(13) This Decision does not affect any convention, agreement or arrangement regarding mutual assistance in criminal matters between judicial authorities,
HAS DECIDED AS FOLLOWS:
Article 1
Designation and notification of contact points
1. Each Member State shall designate a contact point for the exchange of information concerning the investigation of genocide, crimes against humanity and war crimes such as those defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court of 17 July 1998.
2. Each Member State shall notify the General Secretariat of the Council in writing of its contact point within the meaning of this Decision. The General Secretariat shall ensure that this notification is passed on to the Member States, and inform the Member States of any changes in these notifications.
Article 2
Collection and exchange of information
1. Each contact point's task shall be to provide on request, in accordance with the relevant arrangements between Member States and applicable national law, any available information that may be relevant in the context of investigations into genocide, crimes against humanity and war crimes as referred to in Article 1(1), or to facilitate cooperation with the competent national authorities.
2. Within the limits of the applicable national law, contact points may exchange information without a request to that effect.
Article 3
Informing the European Parliament
The Council will inform the European Parliament of the functioning and effectiveness of the European network of contact points in the context of the annual debate held by the European Parliament pursuant to Article 39 of the Treaty.
Article 4
Implementation
Member States shall ensure that they are able to cooperate fully in accordance with the provisions of this Decision at the latest one year after this Decision takes effect.
Article 5
Taking effect
This Decision shall take effect on the date of its adoption.
Done at Luxembourg, 13 June 2002.
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COMMISSION DECISION of 28 November 1996 approving the programme for the eradication of enzootic bovine leucosis for 1997 presented by Sweden and fixing the level of the Community's financial contribution (Only the Swedish text is authentic) (97/69/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of enzootic bovine leucosis;
Whereas by letter, Sweden has submitted a programme for the eradication of enzootic bovine leucosis;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as amended by Council Directive 92/65/EEC (4);
Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community for 1997 and which was established by Commission Decision 96/598/EC (5);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Sweden up to a maximum of ECU 2 385 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of enzootic bovine leucosis presented by Sweden is hereby approved for the period from 1 January to 31 December 1997.
Article 2
Sweden shall bring into force by 1 January 1997 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Sweden by way of compensation for owners for the slaughter of animals up to a maximum of ECU 2 385 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1998 at the latest.
Article 4
This Decision is addressed to the Kingdom of Sweden.
Done at Brussels, 28 November 1996.
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*****
COMMISSION REGULATION (EEC) No 2807/88
of 9 September 1988
amending Regulation (EEC) No 771/74 laying down detailed rules for granting aid for flax and hemp
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1308/70 of 29 June 1970 on the common organization of the market in flax and hemp (1), as last amended by Regulation (EEC) No 3995/87 (2), and in particular Article 2 (6) thereof,
Whereas Article 2 of Regulation (EEC) No 1308/70 stipulates that in order to encourage the marketing of flax products, Community measures promoting the use of flax fibres and of products obtained from such fibres may be taken;
Whereas, in the interests of proper management, it is appropriate that schemes to promote the consumption of flax fibres to be approved by the Commission should be executed within a detailed programme to be established after consulting the Member States and, where appropriate, the relevant trade interests; whereas, with this same objective in view, practical execution of the schemes according to procedures appropriate to their specific technical features should be provided for;
Whereas the various proposals submitted under the agreed procedures must be assessed according to criteria allowing of the best possible choice; whereas, to that end, open or restricted invitations to tender appear to be the most appropriate procedure; whereas, however, for schemes which call for an in-depth knowledge of the flax sector, direct agreement with the trade or inter-branch associations in the sector may be considered the most suitable procedure;
Whereas the Member States should be informed of the Commission's choices and of the progress of the schemes selected;
Whereas Commission Regulation (EEC) No 771/74 (3), as last amended by Regulation (EEC) No 2117/88 (4), should be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Flax and Hemp,
HAS ADOPTED THIS REGULATION:
Article 1
The following Articles 10a, 10b, 10c and 10d are hereby inserted in Regulation (EEC) No 771/74:
'Article 10a
1. On the basis of the general programme referred to in Article 2 (4) of Regulation (EEC) No 1308/70, the Commission shall adopt a detailed programme of measures as referred to in paragraph 1 of that Article which it is planning to take.
That programme may relate to more than one marketing year.
2. With a view to the establishment of the detailed programme, the Commission
- shall consult the Management Committee for Flax and Hemp,
- may consult the Advisory Committee on Flax and Hemp.
3. When drawing up its detailed programme, the Commission shall:
- give details of any cooperation with trade or inter-branch associations in the flax sector,
- allow for promotion schemes executed or planned in the sector.
Article 10b
1. Without prejudice to paragraph 2, the schemes referred to in Article 2 (2) of Regulation (EEC) No 1308/70 and included in the detailed programme shall be carried out by means of open or restricted invitations to tender. Open invitations to tender shall be published in the Official Journal of the European Communities.
2. Among the schemes referred to in the first indent of Article 2 (2) of Regulation (EEC) No 1308/70, those relating to technical or commercial information campaigns and those relating to public relations necessitating, owing to their specific or technical nature, specialist knowledge regarding the utilization of flax fibre bundles and of products obtained therefrom shall be carried out, for up to 30 % of the amount allocated for the schemes referred to in that indent, by direct agreement between the Commission and the trade or inter-branch associations in that sector.
Article 10c
1. For the purposes of assessing the various tenders submitted by those interested, the Commission shall consider:
- their quality and their cost,
- the extent to which the tender is in line with the objectives of the various schemes planned,
- the degree of specialization and the experience of the contractor in the area of the scheme contemplated,
- schemes already carried out or under way in the area concerned.
Also, it shall consider:
(a) for tenders relating to schemes provided for in the first indent of Article 2 (2) of Regulation (EEC) No 1308/70, the degree of professional and financial reliability of the tenderer;
(b) for tenders relating to the schemes provided for in the second indent of Article 2 (2) of Regulation (EEC) No 1308/70:
- the scientific or academic repute of the tenderer,
- the possible extent of the market for the products concerned,
- the length of time it may be expected to take to achieve the results sought.
2. The Commission shall select the tenders.
With a view to such selection, it may consult agencies or individuals specializing in the field, and in particular trade or inter-branch associations in the sector. The Commission shall conclude the contracts. It shall inform the Management Committee for Flax and Hemp from time to time as to the contracts concluded and as to the progress of the schemes.
Article 10d
The price agreed in the contract shall be paid by the Commission in part-payments timed on the basis of the state of progress of the work planned.
A performance security ensuring execution of the contract may be required.
Payment of the balance due and, where appropriate, release of the performance security by the Commission shall be subject to verification by the latter that all obligations under the contract have been properly complied with.'
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, 9 September 1988.
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COMMISSION REGULATION (EC) No 1586/1999
of 20 July 1999
amending Commission Regulation (EC) No 2632/98 laying down for 1999 the single adjustment coefficient to be applied to each traditional operator's provisional reference quantity under the tariff quotas for traditional ACP bananas
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas(1), as last amended by Regulation (EC) No 1257/1999(2),
Having regard to Commission Regulation (EC) No 2362/98 of 28 October 1998 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community(3), as amended by Regulation (EC) No 756/1999(4), and in particular Article 6(3) thereof,
(1) Whereas Articles 6(3) and 28(3) of Regulation (EC) No 2362/98 stipulate that, in the light of the total volume of tariff quotas and traditional ACP bananas and the traditional operators' total provisional reference quantities established pursuant to Article 4 et seq. of that Regulation, the Commission must set, where appropriate, a single adjustment coefficient to be applied to each operator's provisional reference quantity;
(2) Whereas, on the basis of the notifications made by the Member States in accordance with Article 28(2)(a) of Regulation (EC) No 2362/98 regarding the traditional operators' total provisional reference quantities, the Commission set a single adjustment coefficient to be applied to each traditional operator's provisional reference quantity for 1999 in Regulation (EC) No 2632/98(5);
(3) Whereas the results of the additional verifications and checks carried out by the competent national authorities in cooperation with the Commission necessitate a correction of the single adjustment coefficient to be applied to each traditional operators' provisional reference quantity; whereas, to that end, Article 1 of Regulation (EC) No 2632/98 should be amended;
(4) Whereas this Regulation is without prejudice to any measures to be adopted at a later date in particular to meet the Community's international commitments under the World Trade Organisation (WTO) and cannot be invoked by operators as grounds for legitimate expectations with a view to prolonging the import arrangements;
(5) Whereas this Regulation must enter into force immediately to enable the Member States to make the necessary corrections to operators' reference quantities,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 of Regulation (EC) No 2632/98, the coefficient "0,939837" is replaced by "0,947938".
Article 2
The competent authorities in the Member States shall notify the operators concerned of the quantity allocated for 1999 adjusted in application of Article 1 no later than 1 September 1999.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 July 1999.
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Commission Regulation (EC) No 1977/2003
of 11 November 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 12 November 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 November 2003.
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COMMISSION REGULATION (EC) No 515/2005
of 31 March 2005
fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (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 13(1) of Regulation (EC) No 1784/2003 and Article 14(1) of Regulation (EC) No 1785/2003 provide that the difference between quotations of prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.
(2)
Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 as appropriate.
(3)
In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.
(4)
The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.
(5)
Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.
(6)
Pursuant to Article 4(3) and (5) of Regulation (EC) No 1520/2000, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Commission Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods.
(7)
Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 to the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.
(8)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products listed in Annex A to Regulation (EC) No 1520/2000 and in Article 1 of Regulation (EC) No 1784/2003 or in Article 1(1) of Regulation (EC) No 1785/2003, exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 respectively, are fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 April 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2005.
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COMMISSION REGULATION (EC) No 1646/1999
of 27 July 1999
initiating an investigation concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2861/93 on imports of certain magnetic disks (3,5 in. microdisks) originating in Taiwan and the People's Republic of China by assembly operations in the Community and making imports of microdisk parts subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Articles 13 and 14 thereof,
After consulting the Advisory Committee,
Whereas:
A. REQUEST
(1) The Commission has received a request, pursuant to Article 13(3) of Regulation (EC) No 384/96 (hereinafter referred to as "the Basic Regulation"), to investigate the alleged circumvention of the anti-dumping duties imposed by Council Regulation (EC) No 2861/93(3) on imports of certain magnetic disks (3,5 in microdisks) (hereinafter referred to as "microdisks") originating in Taiwan and the People's Republic of China by imports of microdisk parts originating in the same countries, which are allegedly used to assemble microdisks in the Community, to make imports of the main parts subject to registration by the customs authorities, pursuant to Article 14(5) of the Basic Regulation, and to propose to the Council, if justified, the extension of the above anti-dumping duties to imports of microdisk parts from the same countries.
B. APPLICANT
(2) The request was lodged on 14 June 1999 by the Committee of European Diskette Manufacturers (Diskma).
C. PRODUCT
(3) The products through which the alleged circumvention is taking place are microdisk parts originating in Taiwan and the People's Republic of China and used in the assembly of microdisks in the Community: shells (CN code ex 3926 90 99 ), clamshells (CN code ex 8523 20 90 ), adhesive rings (CN code ex 3926 90 99 ), lifters (CN codes ex 3920 69 00 and 3919 10 31 ), magnetic coated disks ("cookies") (CN code ex 8523 20 90 ), centre cores ("hubs") (CN codes ex 7326 90 97 and ex 7616 10 00 ), shutters (CN codes ex 3926 90 99, ex 7326 90 97 and ex 7616 10 00 ), springs (CN code ex 7320 20 89 ), write protector tabs (CN code ex 3926 90 99 ) and liners (CN code ex 5603 12 90 ). The CN codes are those in which the products are currently classifiable and are given for information only.
D. EVIDENCE
(4) The request contains sufficient evidence, in accordance with Article 13(3) of the Basic Regulation, to initiate an investigation to examine whether the antidumping duties on imports of microdisks originating in Taiwan and the People's Republic of China are being circumvented by imports of microdisk parts from these countries used in assembly operations in the Community.
(5) The evidence is as follows:
(a) subsequent to the imposition of the measures, at least one assembly operation using parts from the People's Republic of China and/or Taiwan started or substantially increased. Moreover, the request provides prima facie evidence that the value of the Taiwanese and Chinese parts constitute 60 % or more of the total value of the parts of the assembled product, and that the value added to the parts brought in, during the assembly or completion operation in the Community, is not greater than 25 % of the manufacturing cost;
(b) furthermore, the request contains evidence which shows that the prices at which microdisks assembled from Chinese and Taiwanese parts are being sold in the Community are lower than the non-dumped level of the export price;
(c) finally, the applicant claims that the alleged circumvention is severely undermining the remedial effects of the existing anti-dumping duties in terms of the quantities and prices of the assembled like product.
E. PROCEDURE
(6) In the light of the evidence contained in the request, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13(3) of the Basic Regulation, and to make imports of microdisk parts from the countries under investigation subject to registration in accordance with Article 14(5) of the said Regulation.
(i) Questionnaires
(7) In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the microdisk assembler named in the request and to its related exporter in Taiwan. Questionnaires will also be sent to exporting producers in the People's Republic of China and in Taiwan which cooperated in the original investigation. Information, as appropriate, may be sought from Community producers. The authorities of Taiwan and the People's Republic of China will be notified of the initiation of the investigation and provided with a copy of the request and the questionnaire.
(8) Other interested parties should request a copy of the questionnaire as soon as possible, as they are also subject to the time limit specified in this Regulation. Any request for questionnaires must be made in writing to the address mentioned below and should indicate the name, address, telephone and fax numbers of the requesting party.
(ii) Certificates of non-circumvention
(9) In accordance with Article 13(4) of the Basic Regulation, certificates exempting the imports of the product concerned from registration or measures may be issued when the importation does not constitute circumvention.
Since the issue of these certificates requires the prior authorisation of the Community institutions, requests for such authorisations should be addressed by interested importers to the Commission as early as possible in the course of the investigation. The Commission may grant such requests only after a thorough appraisal of their merits. Requests must be accompanied by a complete reply to the questionnaire referred to at recital (8) above.
F. REGISTRATION
(10) In view of the great variety and large number of microdisks parts, registration of imports, pursuant to Articles 13(3) and 14(5) of the Basic Regulation, should be limited to the main parts used in microdisk assembly operations, namely magnetic coated disks ("cookies"), clamshells, shells, shutters and centre cores ("hubs"), falling within CN codes ex 8523 20 90, ex 3926 90 99, ex 7616 10 00 and ex 7326 90 97 respectively. Registration will ensure that, should the investigation confirm the allegation of circumvention, the duties applicable to imports of microdisks originating in Taiwan or in the People's Republic of China can be extended to the aforementioned main parts and levied retroactively from the date of initiation of the proceeding.
G. TIME LIMIT
(11) In the interest of sound administration, a period should be fixed within which interested parties, provided that they can show that they are likely to be affected by the results of the investigation, may make their views known in writing. A period should also be fixed within which interested parties may make a written request for a hearing and show that there are particular reasons why they should be heard. As the said time limit applies to all interested parties, including parties not named in the request or not known from the previous investigation, it is consequently in the interest of these parties to contact the Commission without delay.
H. NON-COOPERATION
(12) In cases in which any interested party refuses access to, or otherwise does not provide, necessary information within the time limit, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the Basic Regulation, on the basis of the facts available. Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available,
HAS ADOPTED THIS REGULATION:
Article 1
An investigation, pursuant to Article 13(3) of Regulation (EC) No 384/96, of imports of the following microdisk parts: shells (CN code ex 3926 90 99 ); clamshells (CN code ex 8523 20 90 ); adhesive rings (CN code ex 3926 90 99 ); lifters (CN codes ex 3920 69 00 and ex 3919 10 31 ); magnetic coated disks ("cookies") (CN code ex 8523 20 90 ), centre cores ("hubs") (CN codes ex 7326 90 97 and ex 7616 10 00 ), shutters (CN codes ex 3926 90 99, ex 7326 90 97 and 7616 10 00 ), springs (CN code ex 7320 20 89 ), write protector tabs (CN code ex 3926 90 99 ) and liners (CN code ex 5603 12 90 ), originating in Taiwan and the People's Republic of China, is hereby initiated.
Article 2
Customs authorities are hereby directed, pursuant to Articles l3(3) and 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports of the following microdisk parts, originating in Taiwan and the People's Republic of China, in order to ensure that, should the anti-dumping duties applicable to imports of microdisks from these countries be extended to the aforementioned imports, they may be collected from the date of such registration:
TABLE
Registration shall expire nine months following the date of entry into force of this Regulation.
Imports shall not be subject to registration where they are accompanied by a customs certificate issued in accordance with Article 13(4) of Regulation (EC) No 384/96.
Article 3
Interested parties must, if their representations are to be taken into account during the investigation, make themselves known, present their views in writing, submit information and apply to be heard by the Commission within 40 days of the date of publication of this Regulation in the Official Journal of the European Communities. This time limit applies to all interested parties, including parties not named in the request.
Any information relating to this matter, any request for a hearing or for a questionnaire as well as any request for authorisation of certificates of non-circumvention should be sent to the following address: European Commission,
Directorate General for External Relations:
Commercial Policy and Relations with North America, the Far East, Australia and New Zealand
Directorate I-C
Rue de la Loi/Wetstraat 200 B - 1040 Brussels Fax (32-2) 295 65 05.
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, 27 July 1999.
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COUNCIL REGULATION (EC) No 3275/93
of 29 November 1993
prohibiting the satisfying of claims with regard to contracts and transactions the performance of which was affected by the United Nations Security Council Resolution 883 (1993) and related resolutions
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particualr Article 228a thereof,
Having regard to the common position adopted by the Council of the European Union on 22 November 1993,
Having regard to the proposal of the Commission,
Whereas, under Regulation (EEC) No 945/92 (1), and (EC) No 3274/93 (2) the Community has taken measures to prevent certain trade between the Community and Libya;
Whereas, as a consequence of the embargo against Libya, the economic operators in the Community and third countries are exposed to the risk of claims by Libya;
Whereas the United Nations Security Council has adopted Resolution 883 (1993) of 11 November 1993 which, in its paragraph 8, deals with claims by Libya in relation to contracts and transactions the performance of which was affected by measures imposed by the Security Council pursuant to Resolution 883 (1993) and related resolutions;
Whereas it is necessary to protect operators permanently against such claims and to prevent Libya from obtaining compensation for the negative effects of the embargo;
Whereas the Community has agreed that Libya must comply in full with the provisions of paragraph 8 of United Nations Security Council Resolution 883 (1993) and considers that, in deciding whether to reduce or lift measures taken against Libya, particular account must be taken of any failure by Libya to comply with paragraph 8 of Resolution 883 (1993),
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation:
1.
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, financial guarantee and indemnity or credit whether legally independent or not and any related provision arising under or in connection with the transaction;
2.
‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and in particular includes:
(a)
a claim for performance of any obligation arising under in connection with a contract or transaction;
(b)
a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
(c)
a claim for compensation in respect of a contract or transaction;
(d)
a counter-claim;
(e)
a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
3.
‘measures decicided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions’ means measures of the United Nations Security Council or measures introduced by the European Communities or any State, country or international organization in conformity with, as required by, or in connection with the implementation of relevant decisions of the United Nations Security Council, or any action authorized by the United Nations Security Council, in respect of the prevention of certain trade with Libya;
4.
‘person or body in Libya’ means
(a)
the Libyan State or any public authority thereof;
(b)
any Libyan national;
(c)
any body having its registered office or headquarters in Libya;
(d)
any body controlled, directly or indirectly, by one or more of the abovementioned persons or bodies;
(e)
any person claiming through or for the benefit of any person or body mentioned under (a), (b), (c) or (d) above.
Without prejudice to Article 2, performance of a contract of transaction shall also be regarded as having been affected by measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions where the existence or content of the claim results directly or indirectly from those measures.
Article 2
1. It shall be prohibited to satisfy or to take any step to satisfy a claim made by;
(a)
a person or body in Libya or acting through a person or body in Libya;
(b)
any person or body acting, directly or indirectly, on behalf of or for the benefit of one or more persons or bodies in Libya;
(c)
any person or body taking advantage of a transfer or rights of, or otherwise claiming through or under, one or more persons or bodies in Libya;
(d)
any other person or body referred to in paragraph 8 of United Nations Security Council Resolution 883 (1993);
(e)
any person or body making a claim arising from or in connection with the payment of a bond or financial guarantee or indemnity to one or more of the above-mentioned persons or bodies,
under or in connection with a contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions.
2. The prohibition referred to in paragraph 1 shall apply within the Community and to any national of a Member State and any body which is incorporated or constituted under the law of a Member State.
Article 3
Without prejudice to the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions, Article 2 shall not apply;
(a)
to claims relating to contracts or transactions, with the exception of any bond, financial guarantee or indemnity, in respect of which the persons or bodies referred to in the said Article prove to a court in a Member State that the claim was accepted by the parties prior to the adoption of the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions, and that those measures have had no effect on the existence or content of the claim;
(b)
to claims for payment under an insurance contract in respect of an event occurring prior to the adoption of the measures referred to in Article 2 or under an insurance contract where such insurance is compulsory under the law of a Member State;
(c)
to claims for payment of sums paid into an account payment from which was blocked pursuant to the measures referred to in Article 2 provided that such payment does not concern sums paid under bonds in respect of contracts referred to in the said Article;
(d)
to claims relating to contracts of employment subject to the law of any Member State;
(e)
to claims for payment for goods which the persons or bodies referred to in Article 2 prove to a court in a Member State were exported prior to the adoption of the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions and that those measures have had no efect on the existnece or content of the claim;
(f)
to claims for sums which the persons or bodies referred to in Article 2 prove to a court in a Member State are due under any loan made prior to the adoption of the measures decided on pursuant to United Nations Security Council Resolution 883 (1993) and related resolutions and that those measures have had no effect on the existence or content of the claim,
provided that the claim includes no amount, by way of interest, charge or otherwise, to compensate for the fact that performance was, as a result of those measures, not made in accordance with the terms of the relevant contract or transaction.
Article 4
In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by Article 2 shall be on the person seeking the enforcement of that claim.
Article 5
Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed.
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 as of 1 December 1993, 00.01 hours Eastern Standard Time in New York.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 1993.
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*****
COMMISSION REGULATION (EEC) No 348/87
of 4 February 1987
amending Regulation (EEC) No 2040/86 laying down detailed rules for the application of the co-responsibility levy in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1579/86 (2), and in particular Article 4 (7) thereof,
Whereas Article 2 (1) of Commission Regulation (EEC) No 2040/86 (3), as last amended by Regulation (EEC) No 3534/86 (4), provides that the co-responsibility levy is to be paid to the competent body in respect of processing operations carried out in one month; whereas this interval may entail difficulties of an administrative nature for operators who process small quantities of cereals; whereas this provision should be relaxed;
Whereas Article 6 of Regulation (EEC) No 2040/86 provides that operators are to keep accounts indicating, inter alia, the quantities of cereals processed and the date of processing; whereas this provision, which imposes an obligation to keep daily accounts, may be considered too restrictive for certain operators; whereas provision should be made for operators to be allowed to keep monthly accounts; whereas, however, the measures to be taken in the event of a change in the agricultural conversion rate in the course of the month during which the processing operations were carried out should be laid down;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2040/86 is hereby amended as follows:
1. The following subparagraph is added to Article 2 (1):
'However, those operators who normally process a quantity of cereals of less than 100 tonnes in the course of a marketing year may, at their request, be authorized to pay the levy by the end of July of the following marketing year at the latest.'
2. The following is added to Article 6 (d):
'However, operators may be authorized to enter the quantities processed in a given month in the accounts at the end of that month; in this event, should there be an alteration of the agricultural conversion rate during the month in question, the amount of the levy to be paid shall be the higher amount.'
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, 4 February 1987.
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Commission Regulation (EC) No 423/2002
of 7 March 2002
fixing the maximum export refund for white sugar for the 30th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1430/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), and in particular Article 27(5) thereof,
Whereas:
(1) Commission Regulation (EC) No 1430/2001 of 13 July 2001 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar(2) for the 2001/2002 marketing year, requires partial invitations to tender to be issued for the export of this sugar.
(2) Pursuant to Article 9(1) of Regulation (EC) No 1430/2001 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.
(3) Following an examination of the tenders submitted in response to the 30th partial invitation to tender, the provisions set out in Article 1 should be adopted.
(4) 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 30th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1430/2001 the maximum amount of the export refund is fixed at 43,336 EUR/100 kg.
Article 2
This Regulation shall enter into force on 8 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2002.
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COMMISSION REGULATION (EC) No 39/2007
of 17 January 2007
correcting the Bulgarian, Czech, Danish, English, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish versions of Regulation (EEC) No 821/68 on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular the first paragraph of Article 18 thereof,
Whereas:
(1)
The Bulgarian, Czech, Danish, English, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish versions of point A.1 of the Annex to Regulation (EEC) No 821/68 of the Commission (2) differ from the text of the other official languages of the Community. To ensure the proper application of that provision, the necessary corrections must be made to those language versions.
(2)
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
Point A.1 of the Annex to Regulation (EEC) No 821/68 is replaced by the following text:
‘1.
Shelled grains:
are cereal grains which have a large part of the pericarp removed or bracted cereal grains (see Explanatory Notes to tariff heading No 10.03: grains) with the bracts removed which cling to the pericarp (as for example with bearded barley) or which enclose the pericarp so firmly that the bracts cannot be detached by threshing etc. (as with oats).’
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2007.
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COMMISSION REGULATION (EC) No 461/2008
of 28 May 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,
Whereas:
(1)
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 May 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 May 2008.
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COMMISSION REGULATION (EC) No 2631/98 of 8 December 1998 laying down for 1999 the quantities for which the annual allocations for 'newcomer` operators are granted under the tariff quotas for traditional ACP bananas
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), as last amended by Regulation (EC) No 1637/98 (2),
Having regard to Commission Regulation (EC) No 2362/98 of 28 October 1998 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community (3), and in particular Articles 9(3) and 28(3) thereof,
Whereas Article 9(3) of Regulation (EC) No 2362/98 lays down the method for calculating the annual allocation for each 'newcomer` operator; whereas, in accordance with that method and a ranking of the individual applications in increasing order of the quantities applied for, the Commission calculates the quantities for which the annual allocations shall be granted;
Whereas, the notifications received in accordance with Article 28(2) of Regulation (EC) No 2362/98 have led the Commission to adopt this Regulation, based on which the competent national authorities will establish the individual allocations for the operators in question and notify them accordingly; whereas the final date for these notifications should be specified so that the provisions of Article 30 of Regulation (EC) No 2362/98 on the introduction of the licence applications can be complied with for the first quarter of 1999;
Whereas, however, the changes to the arrangements for the importation of bananas into the Community introduced by Regulations (EC) No 1637/98 and (EC) No 2362/98, in particular as regards the definition of 'newcomers`, require the national authorities, in cooperation with the Commission, to carry out verifications and checks that cannot be completed before the start of 1999; whereas these operations may result in a further correction of this Regulation and corrections of the annual allocations for the 'newcomer` operators; whereas, in particular, the annual allocations calculated by the national authorities pursuant to Regulation (EC) No 2362/98 and this Regulation will not constitute vested rights or be invoked by the operators as legitimate expectations;
Whereas this Regulation must enter into force immediately, given the time limits laid down in Regulation (EC) No 2362/98,
HAS ADOPTED THIS REGULATION:
Article 1
In the case of the tariff quotas and traditional ACP bananas referred to in Articles 18 and 19 of Regulation (EEC) No 404/93, the national authorities shall establish, for 1999, the annual allocations for the 'newcomer` operators referred to in Articles 7 et seq. of Regulation (EC) No 2362/98, in accordance with the Annex hereto and shall notify the newcomers accordingly no later than 10 December 1998.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 December 1998.
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Commission Regulation (EC) No 576/2002
of 3 April 2002
fixing, for March 2002, the specific exchange rate for the amount of the reimbursement of storage costs in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(1),
Having regard to Commission Regulation (EEC) No 1713/93 of 30 June 1993 establishing special detailed rules for applying the agricultural conversion rate in the sugar sector(2), as last amended by Regulation (EC) No 1509/2001(3), and in particular Article 1(3) thereof,
Whereas:
(1) Article 1 of Commission Regulation (EC) No 1878/2001 of 26 September 2001 laying down transitional measures in connection with the compensation system for storage costs for sugar(4), lays down that Article 8 of Council Regulation (EC) No 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector(5), as amended by Commission Regulation (EC) No 1527/2000(6), will continue to apply to sugars carried forward from the 2000/01 marketing year to the 2001/02 marketing year.
(2) Article 1(2) of Regulation (EEC) No 1713/93 provides that the amount of the reimbursement of storage costs referred to in Article 8 of Regulation (EC) No 2038/1999 is to be converted into national currency using a specific agricultural conversion rate equal to the average, calculated pro rata temporis, of the agricultural conversion rates applicable during the month of storage. That specific rate must be fixed each month for the previous month. However, in the case of the reimbursable amounts applying from 1 January 1999, as a result of the introduction of the agrimonetary arrangements for the euro from that date, the fixing of the conversion rate should be limited to the specific exchange rates prevailing between the euro and the national currencies of the Member States that have not adopted the single currency.
(3) Application of these provisions will lead to the fixing, for March 2002, of the specific exchange rate for the amount of the reimbursement of storage costs in the various national currencies as indicated in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The specific exchange rate to be used for converting the amount of the reimbursement of the storage costs referred to in Article 8 of Regulation (EC) No 2038/1999 into national currency for March 2002 shall be as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 April 2002.
It shall apply with effect from 1 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 April 2002.
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COUNCIL DECISION
of 26 September 2007
appointing a Latvian member of the European Economic and Social Committee
(2007/620/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
Having regard to Council Decision 2006/524/EC, Euratom of 11 July 2006 appointing Czech, German, Estonian, Spanish, French, Italian, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Austrian, Slovenian and Slovak members of the European Economic and Social Committee for the period from 21 September 2006 to 20 September 2010 (1),
Having regard to the nomination submitted by the Latvian Government,
Having regard to the opinion of the Commission,
Whereas a Latvian member's seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Andris BĒRZIŅŠ,
HAS DECIDED AS FOLLOWS:
Article 1
Mr Gundars STRAUTMANIS is hereby appointed a member of the European Economic and Social Committee in place of Mr Andris BĒRZIŅŠ for the remainder of the latter's term of office, which runs until 20 September 2010.
Article 2
This Decision shall take effect on the date of its adoption.
Done at Brussels, 26 September 2007.
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COUNCIL REGULATION (EEC) No 283/92 of 3 February 1992 opening and providing for the administration of Community tariff quotas for cod and fish of the species Boreogadus saida, dried, salted or in brine, originating in Norway (1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas an Agreement between the European Economic Community and the Kingdom of Norway was concluded on 14 May 1973; whereas, following the accession of the Kingdom of Spain and the Portuguese Republic to the Community, an Agreement in the form of exchanges of letters was concluded and approved by Decision 86/557/EEC (1);
Whereas the latter Agreement provides for the opening, on a date to be fixed by common accord, of Community tariff quotas at reduced or zero duty for cod and fish of the species Boreogadus saida originating in Norway; whereas the tariff quotas in question should therefore be opened for the period agreed from 1 April to 31 December 1992;
Whereas equal and continuous access to the said quotas should be ensured for all Community importers and the rates laid down for the quotas should be applied consistently to all imports of the products in question into all the Member States until the quotas are exhausted;
Whereas, the necessary measures should be taken to ensure that these tariff quotas are administered efficiently and on a Community basis, so that Member States have the option of drawing the necessary quantities corresponding to actual imports recorded, from the quota volumes; whereas, this method of administration calls for close cooperation between the Member States and the Commission;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quotas may by carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 April to 31 December 1992, the customs duties applicable to imports of the following products originating in Norway shall be suspended at the levels indicated and within the limits of Community tariff quotas as shown below:
Order No CN code (*) Description Volume
of quota
(tonnes) Rate
of duty
(%) 0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; fish meal fit for human consumption: Dried fish, whether or not salted but not smoked: 0305 51 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus): 09.0703 ex 0305 51 90 Dried, salted: Excluding cod of the species Gadus macrocephalus 13 250 0 0305 59 Other: Fish of the species Boreogadus saida: 0305 59 19 Dried, salted Fish, salted but not dried or smoked and fish in brine: 09.0705 ex 0305 62 00 Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus): Excluding the species Gadus macrocephalus 10 000 0 0305 69 Other: 0305 69 10 Fish of the species Boreogadus saida
(*) See Taric codes in the Annex hereto.
Within the limits of the above tariff quotas the Kingdom of Spain and the Portuguese Republic shall apply duties of 0,9 and 0 % respectively.
2. Where the Community has fixed a reference price for the products or categories of products concerned, imports of those products shall benefit from the quotas referred to in paragraph 1 only if the free-at-frontier price determined by the Member States in accordance with Article 21 of Regulation (EEC) No 3687/91 (2), is at least equal to the reference price.
3. The Protocol concerning the definition of the concept of originating products and methods of administrative cooperation annexed to the Agreement between the European Economic Community and the Kingdom of Norway shall apply.
Article 2
The tariff quota referred to in Article 1 shall be managed by the Commission, which may take all appropriate administrative measures in order to ensure effective administration thereof.
Article 3
If an importer presents in a Member State a declaration of entry into free circulation, including a request for benefit under the preferential system for a product covered by this Regulation and if this declaration is accepted by the customs authorities, the Member States concerned shall inform the Commission and draw an amount corresponding to its requirements from the quota volume.
The drawing requests, with indication of the date of acceptance of the said declarations, must be transmitted to the Commission without delay.
The drawings shall be granted by the Commission by reference to the date of acceptance of the declarations of entry into free circulation by the customs authorities of the Member States concerned to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the corresponding quota amount.
If the quantities requested are greater than the available balance of the quota amount, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed thereof by the Commission.
Article 4
Each Member State shall ensure importers of the products concerned equal and continuous access to the quotas for such time as the residual balance of the quota volumes so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 April 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 February 1992.
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COUNCIL DECISION of 24 July 1997 on the provisional application of the Agreement on trade in textile products between the European Community and the former Yugoslav Republic of Macedonia (97/566/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228 (2) thereof,
Having regard to the proposal from the Commission,
Whereas the Commission has negotiated, on behalf of the European Community, an Agreement on trade in textile products with the former Yugoslav Republic of Macedonia;
Whereas this Agreement should be applied on a provisional basis from 1 January 1997, pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the former Yugoslav Republic of Macedonia,
HAS DECIDED AS FOLLOWS:
Sole Article
The Agreement on trade in textile products between the European Community and the former Yugoslav Republic of Macedonia shall be applied on a provisional basis from 1 January 1997, pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the former Yugoslav Republic of Macedonia.
The text of the Agreement is attached to this Decision.
Done at Brussels, 24 July 1997.
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Commission Regulation (EC) No 1789/2003
of 11 September 2003
amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987(1), and in particular Articles 9 and 12 thereof,
Whereas:
(1) Regulation (EEC) No 2658/87 established a goods nomenclature, hereinafter called the "Combined Nomenclature", to meet, at one and the same time, the requirements of the Common Customs Tariff, the external trade statistics of the Community and other Community policies concerning the importation or exportation of goods.
(2) The Combined Nomenclature is reproduced in Annex I to Regulation (EEC) No 2658/87, together with the autonomous and the conventional duty rates and the statistical supplementary units.
(3) It is appropriate to modernise and to simplify Annex I as envisaged by the SLIM initiative (simpler legislation for the internal market).
(4) It is necessary to amend the Combined Nomenclature to take account of:
(i) changes in requirements relating to statistics and to commercial policy;
(ii) technological or commercial developments;
(iii) the need for alignment or clarification of texts.
(5) Annex I to this Regulation includes adjustments of duty rates resulting from measures adopted by the Council, including Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994)(2), as well as measures adopted by the Council or the Commission(3).
(6) In accordance with Article 12 of Regulation (EEC) No 2658/87, the Commission is to adopt a regulation which reproduces the complete version of the Combined Nomenclature, together with the autonomous and conventional rates of duty, resulting from measures adopted by the Council or by the Commission. Such a regulation is to be published not later than 31 October in the Official Journal of the European Union, to apply from 1 January of the following year.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EEC) No 2658/87 is hereby replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 September 2003.
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*****
COMMISSION DECISION
of 22 May 1990
terminating the proceeding in connection with a review of anti-dumping measures regarding imports of fibre building-board (hardboard) originating in Finland, Argentina, Switzerland and Yugoslavia and repealing Decisions 86/35/EEC and 86/232/EEC accepting the undertakings given by the exporters concerned
(90/240/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 14 thereof,
After consultation within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. PRODUCT
(1) The product concerned is fibreboard of a density exceeding 0,8 g/cm3 falling within CN codes 4411 11 00 and 4411 19 00.
B. PROCEDURE
(2) In June 1988 (2) following requests lodged by the European Confederation of Woodworking Industries, the Commission initiated, under Articles 14 and 15 of Regulation (EEC) No 2423/88, a review proceeding of the anti-dumping measures concerning imports of hardboard originating in Czechoslovakia, Poland, USSR, Romania, Brazil and Sweden. In June 1989 (3), this proceeding was terminated and the anti-dumping measures were either allowed to expire or were repealed. The changed circumstances observed during the investigation carried out in connection with that proceeding led the Commission to consider that a review should also be carried out in respect of the rest of the countries, i.e. Finland, Argentina, Switzerland and Yugoslavia, for which anti-dumping measures concerning imports of hardboard into the Community were in force. This was done in order to ensure non-discrimination with regard to these countries.
(3) The Commission accordingly announced by a notice in the Official Journal of the European Communities (4) the initiation of a review of anti-dumping measures concerning imports into the Community of fibre building-board (hardboard) originating in Finland, Argentina, Switzerland and Yugoslavia, and commenced an investigation which covered, in respect of dumping, the period from 1 July 1988 to 31 May 1989.
(4) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries and the Community producers, and gave the parties directly concerned the opportunity to answer the questionnaires addressed to them, to make known their views in writing and to request hearings.
(5) Most of the Community producers, exporters in Finland, Switzerland and Argentina, one exporter in Yugoslavia and some importers returned the duly completed questionnaires to the Commission. The other two exporters in Yugoslavia respectively answered the questionnaire in part and failed to supply any information at all. The Commission therefore based its determinations on facts available in accordance with Article 7 (7) (b) of Regulation (EEC) No 2423/88.
Some exporters and one importer made their views known in writing, and requested and were granted a hearing.
(6) The Commission sought and verified all information it deemed necessasry for the purposes of a preliminary determination and carried out investigations at the premises of the following importing companies in the Community:
- Ernst Zuern (Munich), Federal Republic of Germany,
- Johann Scharf GmbH (Bremen), Federal Republic of Germany,
- Steinbruegge and Berninghausen GmbH & Co (Bremen), Federal Republic of Germany,
- Resim SRL (Trieste), Italy.
The Commission considered it unnecessary to check on the spot the information received from Community producers as most of them had already been visited in connection with the review proceeding concerning imports of hardboard originating in Czechoslovakia, Poland, USSR, Romania, Brazil and Sweden. The results of these visits showed that the information submitted was highly accurate. In addition, since the end of 1988 there have been no indications of major changes in the economic situation of the Community's producers of hardboard.
C. INJURY OR THREAT OF INJURY
(i) Present situation
(7) The evidence available to the Commission shows that imports of hardboard originating in the four countries involved in the proceeding increased from 82 700 tonnes in 1986 to 89 900 tonnes in 1988 and reached 44 000 tonnes in the first five months of 1989. The development of these imports assessed in the light of the increase in Community consumption of hardboard over the same period was such that the combined market share held by imports from those exporting countries remained stable at about 7,5 %.
(8) In particular, imports from Finland, Switzerland and Yugoslavia taken together showed a decline of their market share from 7,6 % in 1986 to 7 % during the first five months of 1989. In terms of volume these imports increased by 16,8 % during that period which is distinctly slower than the rise in Community consumption.
(9) Imports originating in Argentina increased over the same period faster than Community consumption. It was found, however, that the impact of these imports on the Community industry is limited by their reduced market share which has remained below one per cent since 1986.
(10) Regarding prices of the imports from Finland, Switzerland and Yugoslavia, their comparison during the period under investigation with Community producers' prices of like products either did not show any margins of undercutting at all, or showed such margins to be negligible. As for the prices of imports from Argentina, margins of undercutting found did not significantly affect the Community industry due to the very small market share held by those imports.
(11) As far as the possible impact of the imports on the situation of the Community producers is concerned, account had to be taken of the following factors:
(a) Community production of hardboard during the first five months of 1989, extrapolated on an annual basis, increased by 22 % when compared to that in 1986. In the same period the overall Community production capacity increased by 25 % and capacity utilization by 18 %. These trends enabled the Community industry to achieve a rate of capacity utilization of 97 % on average during the first five months of 1989;
(b) the Community producers' closing stocks to production ratio was found to have been 11 % lower at the end of May 1989 than that at the end of December 1986;
(c) sales by Community producers of hardboard in the Community were in line with the increase of production between 1986 and the first five months of 1989;
(d) the development of production and sales of Community producers compared to that of Community consumption of hardboard shows a Community producers' market share which remained stable at about 61 % during the last three years, and increased to 62,7 % during the first five months of 1989. This indicates that the Community industry was able to take advantage of the increasing demand; (e) with regard to profitability the Community situation had improved considerably since the end of 1986 and the majority of Community producers had achieved once again reasonable profit margins.
(12) In the light of the trends of the relevant economic factors referred to above, it would appear that the situation of the Community industry had substantially improved. This is especially demonstrated by the good financial results and the high level of capacity utilization reached by most Community producers. Under these circumstances, it is concluded that the Community industry is presently not suffering material injury as a result of the imports concerned.
(ii) Possible injurious effects of a termination of measures in force
(13) In order to analyse whether terminating the undertakings in force would lead to a situation causing or threatening to cause material injury to the Community industry, the probable development of volumes and prices of the imported product was considered.
(14) As previously mentioned, imports from the four countries concerned progressed in terms of volume from the beginning of 1986 to the end of May 1989 no faster than Community consumption and, consequently, the Community market share held by those countries remained stable over that period.
(15) With regard to the production capacities in those exporting countries, no indications were found of additional capacities either having been installed in recent years or planned to be installed in the near future.
(16) Neither was there any indication that spare capacities, which might exist in those countries, will be used to increase exports to the Community. Moreover, given the traditional distribution of exports from those countries between the Community and other regions, it is doubtful if such a potential increase in production would lead to significant increases in exports to the Community in relation to the Community consumption.
(17) It follows that, when the protective measures are repealed, the foreseeable development of the volume of the imports concerned will not be likely to have a significant impact on the Community industry.
(18) Concerning prices of imports from Finland, Switzerland and two Yugoslav exporters, it was found that the imported product was sold in the Community at a level similar to that of Community producers and that the minimum prices set out in the undertakings in force were respected and, in many cases, even exceeded. This leads to the assumption that, when the undertakings are repealed, prices for these imports will not be likely to decline and undercut Community producers' prices to an extent which could cause material injury.
(19) With regard to prices of imports from Argentina and the third Yugoslav exporter, whatever undercutting would remain following the repeal of the protective measures should have, under the present circumstances, a limited effect on the prices of Community producers. This is because, in addition to the fact that no sizeable increase of these imports is expected, the Community market share held by imports originating in Argentina remained below one per cent during the last four years, and a major proportion of imports from Yugoslavia consisted of hardboard with specifications which were hardly produced in the Community and which did not therefore directly compete with the Community production.
(20) In view of the above considerations it must be assumed that, following the repeal of Commission Decisions 86/35/EEC (1) and 86/232/EEC (2) accepting the undertakings in force, a situation in which the imports from the four contries concerned would cause or threaten to cause material injury to the Community industry is not at present clearly foreseeable.
D. DUMPING
(21) Given the above findings with respect to injury and threat of injury, the Commission has considered it unnecessary further to investigate the question of dumping with regard to the imports concerned.
E. TERMINATION OF REVIEW PROCEEDING
(22) In these circumstances, therefore, the review proceeding concerning imports of hardboard originating in Finland, Argentina, Switzerland and Yugoslavia should be terminated without the imposition of further measures. Decisions 86/35/EEC and 86/232/EEC accepting the undertakings currently in force and offered by the exporters concerned should be repealed.
(23) No objections to this course of action were raised in the Advisory Committee.
(24) The European Confederation of Wood Working Industries was informed of the considerations and main facts on the basis of which the Commission intended to terminate the proceeding,
HAS DECIDED AS FOLLOWS:
Sole Article
1. The review proceeding of the anti-dumping measures concerning imports of fibre building-board (hardboard) falling within CN codes 4411 11 00 and 4411 19 00, originating in Finland, Argentina, Switzerland and Yugoslavia, is hereby terminated.
2. Decisions 86/35/EEC and 86/232/EEC are hereby repealed with effect from the day following the publication of this Decision in the Official Journal of the European Communities.
Done at Brussels, 22 May 1990.
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*****
COMMISSION REGULATION (EEC) No 1708/85
of 21 June 1985
amending Regulation (EEC) No 1687/76 laying down common detailed rules for verifying the use and/or destination of products from intervention
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 516/77 of 14 March 1977 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 746/85 (2), and in particular Article 4 (8) thereof,
Whereas the provisions of Commission Regulation (EEC) No 1687/76 (3), as last amended by Regulation (EEC) No 1591/85 (4), are applicable to products sold pursuant to Commission Regulation (EEC) No 1707/85 of 21 June 1985 on the sale of unprocessed dried figs by storage agencies for the manufacture of alcohol (5);
Whereas to that end the Annex to Regulation (EEC) No 1687/76 should be amended;
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
In the Annex to Regulation (EEC) No 1687/76 under 'II. Products subject to a use and/or destination other than that mentioned under I', the following is added:
'30. Commission Regulation (EEC) No 1707/85 of 21 June 1985 on the sale of unprocessed dried figs by storage agencies for the manufacture of alcohol (3)
Section 104:
"Til fremstilling af alkohol (forordning (EOEF) nr. 1707/85)",
"Zur Herstellung von Alkohol (Verordnung (EWG) Nr. 1707/85)",
"Gia tin paraskeví alkoólis (Kanonismós (EOK) arith. 1707/85)",
"For the manufacture of alcohol (Regulation (EEC) No 1707/85)",
"Destiné à la fabrication d'alcool (règlement (CEE) no 1707/85)",
"Destinato alla fabbricazione di alcole (regolamento (CEE) n. 1707/85)",
"Voor vervaardiging van alcohol (Verordening (EEG) nr. 1707/85)".
- Section 106:
The date of the acceptance of the purchase application.
(3) OJ No L 163, 22. 6. 1985, p. 38.'
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 June 1985.
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COUNCIL REGULATION (EEC) No 2329/91 of 25 July 1991 opening for 1991, as an autonomous measure, a special import quota for high-quality, fresh, chilled or frozen meat of bovine animals falling within CN codes 0201 and 0202 as well as products falling within CN codes 0206 10 95 and 0206 29 91
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, having regard to the imports of high-quality meat of bovine animals which have taken place hitherto and to the need to export such meat produced in the Community, it is appropriate to open, for 1991 and as an autonomous and exceptional measure, a Community tariff import quota of 11 430 tonnes at a 20 % duty of high quality fresh, chilled or frozen meat of bovine animals falling within CN codes 0201 and 0202 as well as of products falling within CN codes 0206 10 95 and 0206 29 91; whereas the market in the meat of bovine animals in the Community must form the subject of a complete overhaul and a new way of thinking;
Whereas equal and continuous access for all operators concerned in the Community to the said quota and the uninterrupted application of the rate laid down for that quota to all imports of the products concerned in all the Member States until the volume provided for is exhausted should in particular be ensured; whereas, to this end, a system for utilizing the Community tariff quota, based on the presentation of a certificate of authenticity guaranteeing the type, provenance and origin of the products is required;
Whereas rules for the application of these provisions should be adopted in accordance with the procedure laid down in Article 27 of Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (3), as last amended by Regulation (EEC) No 3577/90 (4),
HAS ADOPTED THIS REGULATION:
Article 1
1. A special tariff quota for high-quality, fresh, chilled or frozen meat of bovine animals falling within CN codes 0201 and 0202 as well as products falling within CN codes 0206 10 95 and 0206 29 91 is hereby opened for 1991.
The total amount of this contingent shall be 11 430 tonnes expressed in weight of the product.
2. The applicable duty for this contingent shall be fixed at 20 %.
Article 2
In accordance with the procedure laid down in Article 27 of Regulation (EEC) No 805/68, the rules for the application of this Regulation, and in particular:
(a) provisions guaranteeing the type, provenance and origin of the products;
(b) provisions relating to the recognition of the document enabling the guarantees provided for in (a) to be ascertained,
shall be determined.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 1991.
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COMMISSION REGULATION (EC) No 680/2005
of 29 April 2005
opening tendering procedure No 54/2005 EC for the sale of wine alcohol for new industrial uses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2) lays down, inter alia, the detailed rules for disposing of stocks of alcohol arising from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 held by intervention agencies.
(2)
In accordance with Article 80 of Regulation (EC) No 1623/2000, tendering procedures should be organised for the sale of wine alcohol for new industrial uses with a view to reducing the stocks of wine alcohol in the Community and enabling small-scale industrial projects to be carried out and such alcohol to be processed into goods intended for export for industrial uses. The wine alcohol of Community origin in storage in the Member States consists of quantities produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999.
(3)
Since 1 January 1999 and in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (3), the prices offered in tenders and securities must be expressed in euro and payments must be made in euro.
(4)
Minimum prices should be fixed for the submission of tenders, broken down according to the type of end-use.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Tendering procedure No 54/2005 EC is hereby opened for the sale of wine alcohol for new industrial uses. The alcohol concerned has been produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and is held by the French intervention agency.
The volume put up for sale is 130 000 hectolitres of alcohol at 100 % vol. The vat numbers, places of storage and the volume of alcohol at 100 % vol contained in each vat are detailed in the Annex hereto.
Article 2
The sale shall be conducted in accordance with Articles 79, 81, 82, 83, 84, 85, 95, 96, 97, 100 and 101 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98.
Article 3
1. Tenders must be submitted to the intervention agency holding the alcohol concerned:
Onivins-Libourne, Délégation nationale
17, avenue de la Ballastière, boîte postale 231
F-33505 Libourne Cedex
Tel. (33-5) 57 55 20 00
Telex: 57 20 25
Fax: (33-5) 57 55 20 59
or sent by registered mail to that address.
2. Tenders shall be submitted in a sealed double envelope, the inside envelope marked: ‘Tender under procedure No 54/2005 EC for new industrial uses’, the outer envelope bearing the address of the intervention agency concerned.
3. Tenders must reach the intervention agency concerned not later than 12.00 Brussels time on 17 May 2005.
4. All tenders must be accompanied by proof that a tendering security of EUR 4 per hectolitre of alcohol at 100 % vol has been lodged with the intervention agency concerned.
Article 4
The minimum prices which may be offered are EUR 10,30 per hectolitre of alcohol at 100 % vol intended for the manufacture of baker’s yeast, EUR 26 per hectolitre of alcohol at 100 % vol intended for the manufacture of amine- and chloral-type chemical products for export, EUR 32 per hectolitre of alcohol at 100 % vol intended for the manufacture of eau de Cologne for export and EUR 7,5 per hectolitre of alcohol at 100 % vol intended for other industrial uses.
Article 5
The formalities for sampling shall be as set out in Article 98 of Regulation (EC) No 1623/2000. The price of samples shall be EUR 10 per litre.
The intervention agency shall provide all the necessary information on the characteristics of the alcohol put up for sale.
Article 6
The performance guarantee shall be EUR 30 per hectolitre of alcohol at 100 % vol.
Article 7
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2005.
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COMMISSION DECISION of 25 October 1991 accepting an undertaking given by a Thai exporter in connection with the anti-dumping proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea and Thailand and terminating the investigation with regard to the exporter in question (91/604/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,
After consultations within the Advisory Committee as instituted by Regulation (EEC) No 2423/88,
Whereas:
A. PROVISIONAL MEASURES
(1) The Commission, by Regulation (EEC) No 1386/91 (2), imposed a provisional anti-dumping duty on imports into the Community of gas-fuelled, non-refillable pocket flint lighters (hereinafter referred to as lighters) originating in Japan, the People's Republic of China, the Republic of Korea and Thailand and falling within CN code ex 9613 10 00. The Council by Regulation (EEC) No 2832/91 (3) extended this duty for a period not exceeding two months.
B. IMPOSITION OF A DEFINITIVE DUTY
(2) Following the imposition of the provisional anti-dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings.
(3) The Commission pursued its investigation into the dumping and resultant injury. On the basis of its conclusions, the Council adopted Regulation (EEC) No 3433/91 (4) imposing a definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea and Thailand and definitively collecting the provisional anti-dumping duty imposed on these imports.
C. UNDERTAKINGS
(4) After all exporters concerned were notified of the results of the investigation, Thai Merry Co. Ltd, an exporter from Thailand, offered an undertaking in accordance with Article 10 of Regulation (EEC) No 2423/88.
(5) The effect of this undertaking would be to increase export prices by an amount that would be sufficient to eliminate the dumping established. The Commission believes that, administratively, it will be possible to verify that this undertaking is being carried out. In view of this, the Commission considers that the undertaking offered is acceptable and that the investigation concerning the exporter in question may be closed without imposition of an anti-dumping duty.
(6) Should this undertaking not be complied with or be withdrawn by the exporter concerned, the Commission could, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty on the basis of the results and conclusions of the investigation set out in Regulation (EEC) No 3433/91. Subsequently, a definitive duty could also be imposed by the Council on the basis of information gathered in this investigation.
(7) When the Advisory Committee was consulted on the acceptance of the undertakings offered, one Member State raised objections. Therefore, in accordance with Article 9 and Article 10 (1) of Regulation (EEC) No 2423/88, the Commission sent a report to the Council on the results of the consultations and a proposal that the investigation be terminated as regards the company concerned. As the Council has not decided otherwise within one month, the present Decision should stand adopted,
HAS DECIDED AS FOLLOWS:
Article 1
The undertaking offered by Thai Merry Co. Ltd in connection with the anti-dumping proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea and Thailand is hereby accepted.
This acceptance shall take effect for all shipments to the Community as from the day following publication of the present Decision in the Official Journal of the European Communities.
Article 2
The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated in respect of Thai Merry Co. Ltd. Done at Brussels, 25 October 1991.
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COUNCIL REGULATION (EEC) No 3341/92 of 13 November 1992 opening and providing for the administration of Community tariff quotas for cut flowers and flower buds, fresh, originating in Cyprus, Israel, Jordan or Morocco (1992/93)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the additional Protocols to the Agreements between the European Economic Community and the Kingdom of Morocco (1), the Hashemite Kingdom of Jordan (2) and the State of Israel (3) and the Protocol laying down the conditions and procedures for the implementation of the second stage of the Agreement establishing an association between the European Economic Community and the Republic of Cyprus and adapting certain provisions thereof (4) provide in their respective Articles that fresh cut flowers and flower buds, falling within the CN codes indicated in Article 1 and originating in the abovementioned countries, may be imported into the Community at reduced rates of customs duty within the limits of annual Community tariff quotas of 300, 50, 17 000 and 50 tonnes respectively; whereas, however, Article 18 of the Protocol with Cyprus provides that the volume of the tariff quota for that country must be increased by 5 % per year from the entry into force of the Protocol, and it will therefore be set at 67,5 tonnes for the 1992 to 1993 period;
Whereas the volumes of the tariff quotas relating to other countries covered by this Regulation must be increased in equal tranches of 3 or 5 % according to the products, in application of Council Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the import into the Community of certain agricultural products originating in Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Malta, Morocco, Syria and Tunisia (5);
Whereas, within the limits of these tariff quotas, customs duties are to be phased out:
- under the tariff quotas for Morocco, Jordan and Israel, according to the same timetables and under the same conditions as laid down in Articles 75 and 243 of the Act of Accession of Spain and Portugal,
- under the tariff quota for Cyprus, according to the timetable and under the conditions laid down in Articles 5 and 16 of the abovementioned Protocol concerning Cyprus;
Whereas within the limits of these tariff quotas, the Kingdom of Spain and the Portuguese Republic are to apply customs duties calculated in accordance with:
- Council Regulation (EEC) No 3189/88 of 14 October 1988 laying down the arrangements to be applied by Spain and Portugal to trade with Morocco and Syria (6) and Council Regulation (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between the Kingdom of Spain and the Portuguese Republic and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey (7) and Council Regulation (EEC) No 4162/87 of 21 December 1987 laying down arrangements for Spain's and Portugal's trade with Israel and amending Regulations (EEC) No 449/86 and (EEC) No 2573/87 (8) in respect of the tariff quotas opened for Morocco, Jordan and Israel,
and
- the Protocol to the Association Agreement between the European Economic Community and the Republic of Cyprus consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community (9), in respect of the tariff quota opened for Cyprus;
Whereas roses with large or small flowers and carnations of the unifloral or multifloral types are covered by the quotas only subject to the conditions laid down by 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 and Jordan (10), whereas these tariff concessions apply only to imports in respect of which certain price conditions are observed;
Whereas all Community importers should be ensured equal and continuous access to the said quotas and the duty rates laid down for the quotas should be applied consistently to all imports of the products in question into all Member States until the quotas are exhausted; whereas the necessary measures should be taken to provide for effective Community management of the quotas, so that the Member States may draw against the quotas such quantities as they may need, corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of these quotas may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 November 1992 to 31 October 1993, the customs duties applicable to imports into the Community of the products listed below originating in Morocco, Jordan, Israel or Cyprus shall be suspended at the levels and within the limits of the Community tariff quotas shown below:
Order
No CN code Description Origin Amount of
quota
(in tonnes) Quota duty
(%) Fresh cut flowers and flower buds of a kind suitable for ornamental purposes: 09.1114
09.1152
09.1306 0603 10 51
0603 10 53
0603 10 55
0603 10 61
0603 10 65
0603 10 69 - From 1 November to 31 May Morocco
Jordan
Israel 316,5
52,7
17 935 From 1 November to 31 December 1992: 2,1
From 1 January to 31 October 1993: 0 09.1420 0603 10 11
0603 10 13
0603 10 15
0603 10 21
0603 10 25
0603 10 29 - From 1 June to 31 October Cyprus 67,5 From 1 November to 31 December 1992: 5,4
From 1 January to 31 October 1993: 0
Within the limits of these tariff quotas the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the provisions of Regulations (EEC) No 3189/88, (EEC) No 2573/87 and (EEC) No 4162/87 as regards the quotas for Morocco, Jordan and Israel, and with the relevant provisions of the Protocol to the Association Agreement between the European Economic Community and the Republic of Cyprus consequent on the accession of Spain and Portugal as regards the quota for Cyprus.
2. In the case of large-flowered and small-flowered roses and unifloral and multifloral carnations, application of the quota referred to in Article 1 (1) may be interrupted if it is found at Community level that the price conditions laid down by Regulation (EEC) No 4088/87 are not being observed.
In that event, the Commission shall adopt regulations re-establishing the duties applicable to the products in question under the Common Customs Tariff and, where appropriate, re-introducing this Regulation on the dates and in respect of the products and periods indicated in the Regulations in question.
However, products on which customs duties have been re-established and imported into the Community during the period in which such re-establishment remains in force shall be excluded from the quantities drawn from the tariff quota concerned.
Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that they are managed efficiently.
Article 3
Where an importer presents a product covered by this Regulation for release for free circulation in a Member State, applying to take advantage of the preferential arrangements, and the entry is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the quota volume.
Requests for drawings, indicating the date on which the entries were accepted, must be sent to the Commission without delay.
Drawings shall be granted by the Commission in chronological order of the dates on which the customs authorities of the Member States concerned accepted the entries for release for free circulation, to the extent that the available balance so permits.
If a Member State does not use a drawing in full it shall return any unused portion to the corresponding quota volume as soon as possible.
If the quantities requested are greater than the available balance of the quota volume, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made.
Article 4
Each Member State shall ensure that importers of the products in question have equal and continuous access to the quotas for as long as the balance of the relevant quota volume so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
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 November 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 November 1992.
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COMMISSION DECISION of 23 July 1981 establishing that the apparatus described as "Tokuyama electrodialysis system, TS-10-20", may not be imported free of Common Customs Tariff duties (81/671/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 20 February 1981, Denmark has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Tokuyama electrodialysis system, TS-10-20", to be used for research in the demineralization of milk and whey products and in particular in manufacturing techniques for products with other mineral compositions, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 26 May 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is an electrodialysis system;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind are pricipally used for non-scientific activities ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific apparatus ; whereas the duty-free admission of the apparatus in question is therefore not justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Tokuyama electrodialysis system, TS-10-20", which is the subject of an application by Denmark of 20 February 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 23 July 1981.
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COUNCIL DECISION 2009/29/CFSP
of 22 December 2008
concerning the conclusion of the Agreement between the European Union and the Somali Republic on the status of the European Union-led naval force in the Somali Republic in the framework of the EU military operation Atalanta
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 24 thereof,
Having regard to the recommendation from the Presidency,
Whereas:
(1)
On 15 May 2008, the United Nations Security Council (UNSC) adopted Resolution 1814 (2008) calling on States and regional organisations to take action to protect shipping involved in the transport and delivery of humanitarian aid to Somalia and in activities authorised by the United Nations.
(2)
On 2 June 2008, the UNSC adopted Resolution 1816 (2008) authorising, for a period of six months from the date of the Resolution, States cooperating with the Transitional Federal Government of Somalia to enter the territorial waters of Somalia and to use, in a manner consistent with relevant international law, all necessary means to repress acts of piracy and armed robbery at sea. Those provisions were extended for an additional period of 12 months by UNSC Resolution 1846 (2008), adopted on 2 December 2008.
(3)
On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation Atalanta).
(4)
Article 11 of that Joint Action provides that the status of the EU-led forces and their personnel who are stationed on the land territory of third States, or operate in the territorial or internal waters of third States, shall be agreed in accordance with the procedure laid down in Article 24 of the Treaty.
(5)
Following authorisation by the Council on 18 September 2007, in accordance with Article 24 of the Treaty, the Presidency, assisted by the SG/HR, negotiated an Agreement between the European Union and the Somali Republic on the status of the EU-led naval force in the Somali Republic.
(6)
The Agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Union and the Somali Republic on the status of the European Union-led naval force in the Somali Republic is hereby approved on behalf of the European Union.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
Article 3
This Decision shall take effect on the day of its adoption.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 22 December 2008.
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COUNCIL DECISION
of 1 March 1984
on the conclusion of the Protocol concerning Mediterranean specially protected areas
(84/132/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the action programmes of the European Communities on the environment (2) stress the need to protect and to purify the sea, in order for it to continue to play its part in the preservation and development of species, and to maintain the vital ecological balance;
Whereas the second action programme of the European Communities on the environment underlines the urgent need for international solutions to the problem of the development and ecological management of coastal regions;
Whereas the third action programme of the European Communities on the environment (3), of which the Council and the representatives of the Governments of the Member States approved the main principles on 7 February 1983, makes particular reference to the need for a rational policy for the protection and management of natural resources;
Whereas cooperation with the developing countries, and in particular with the Community's Mediterranean partners, for the purposes of protecting the environment is one of the objectives of the second action programme of the European Communities on the environment;
Whereas Article 4 of the Convention on the protection of the Mediterranean Sea against pollution, approved by the Community by Decision 77/585/EEC (4), empowers the contracting parties to adopt Additional Protocols prescribing measures, procedures and standards for the implementation of the said Convention; whereas, pursuant to this Article, the Mediterranean States represented at a conference of plenipotentiaries held in Geneva on 2 and 3 April 1982 signed a Protocol concerning Mediterranean specially protected areas;
Whereas the Community has also approved, by Decision 75/585/EEC, the Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft, and, by Decision 81/420/EEC (5), the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency and, by Decision 83/101/EEC (6), the Protocol concerning the protection of the Mediterranean Sea from land-based sources of pollution;
Whereas the Protocol concerning Mediterranean specially protected areas provides for the possible adoption of measures concerning trade, imports and exports of the fauna and flora protected by it and could, therefore, affect the common commercial policy and the free movement of goods between Member States;
Whereas some provisions of the said Protocol could affect Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (7), Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (8), Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (9) and Council Regulation (EEC) No 348/81 of 20 January 1981 on common rules for imports of cetacean products (10);
Whereas the said Protocol sets out to safeguard the common natural resources of the region, to preserve the diversity of the indigenous species and to protect certain natural habitats by setting up a number of specially protected areas;
Whereas most of the signatories to the Convention on the protection of the Mediterranean Sea against pollution and to the annexed Protocols enjoy, within the framework of the Community's overall approach to the Mediterranean, a special relationship with the Community, particularly as regards cooperation; whereas the Protocol concerning Mediterranean specially protected areas lays down detailed rules for such cooperation in the sectors which it covers;
Whereas the Community signed the said Protocol on 30 March 1983;
Whereas the Community will participate in the implementation of the said Protocol by exercising its competence as resulting from the existing common rules as well as those acquired as a result of future acts adopted by the Council, and by using the results of Community actions (research - exchange of information) in the fields concerned;
Whereas it appears necessary that the Community should approve the said Protocol in order to attain, in the course of the operation of the common market, one of the objectives set by the Community in the field of the protection of the environment and of the quality of life; whereas, since the Treaty does not provide the specific powers of action required for adopting this Decision, recourse should be had to Article 235 thereof,
HAS DECIDED AS FOLLOWS:
Article 1
The Protocol concerning Mediterranean specially protected areas is hereby approved on behalf of the European Economic Community.
The text of the Protocol is attached to this Decision.
Article 2
The President of the Council shall deposit the acts as provided for in Article 18 of the Protocol referred to in Article 1.
Done at Brussels, 1 March 1984.
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Council Decision
of 27 December 2001
establishing the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism
(2001/927/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and in particular Article 2(3) thereof,
Whereas it is desirable to adopt an initial list of persons, groups and entities to which the aforesaid Regulation applies; whereas the Council reserves the right to adopt additional lists in the future,
HAS DECIDED AS FOLLOWS:
Article 1
The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be as follows:
- AL-MUGHASSIL, Ahmad Ibrahim (alias ABU OMRAN; alias AL-MUGHASSIL, Ahmed Ibrahim) born on 26.6.1967 in Qatif-Bab al Shamal, Saudi Arabia; national of Saudi Arabia,
- AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa, Saudi Arabia; national of Saudi Arabia,
- AL-YACOUB, Ibrahim Salih Mohammed, born on 16.10.1966 in Tarut, Saudi Arabia; national of Saudi Arabia,
- ATWA, Ali (alias BOUSLIM, Ammar Mansour; alias SALIM, Hassan Rostom), Lebanon, born in 1960 in Lebanon; national of Lebanon,
- EL-HOORIE, Ali Saed Bin Ali (alias AL-HOURI, Ali Saed Bin Ali; alias EL-HOURI, Ali Saed Bin Ali) born on 10.7.1965 alt. 11.7.1965 in El Dibabiya, Saudi Arabia; national of Saudi Arabia,
- IZZ-AL-DIN, Hasan (alias GARBAYA, AHMED; alias SA-ID; alias SALWWAN, Samir), Lebanon, born in 1963 in Lebanon; national of Lebanon,
- MOHAMMED, Khalid Shaikh (alias ALI, Salem; alias BIN KHALID, Fahd Bin Adballah; alias HENIN, Ashraf Refaat Nabith; alias WADOOD, Khalid Adbul) born on 14.4.1965 alt. 1.3.1964 in Kuwait; national of Kuwait,
- MUGHNIYAH, Imad Fa'iz (alias MUGHNIYAH, Imad Fayiz), Senior Intelligence Officer of HEZBOLLAH, born on 7.12.1962 in Tayr Dibba, Lebanon, passport No 432298 (Lebanon),
- Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas),
- Palestinian Islamic Jihad (PIJ).
Article 2
This Decision shall be published in the Official Journal.
It shall take effect on the day of its publication.
Done at Brussels, 27 December 2001.
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COMMISSION REGULATION (EC) No 928/96 of 23 May 1996 concerning the stopping of fishing for saithe by vessels flying the flag of Germany
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 amended by Regulation (EC) No 2870/95 (2), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3074/95 of 22 December 1995 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1996 and certain conditions under which they may be fished (3), as amended by Regulation (EC) No 846/96 (4), provides for saithe quotas for 1996;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of saithe in the waters of ICES divisions V b (EC-zone), VI, XII, XIV by vessels flying the flag of Germany or registered in Germany have reached the quota allocated for 1996; whereas Germany has prohibited fishing for this stock as from 23 April 1996; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of saithe in the waters of ICES divisions V b (EC-zone), VI, XII, XIV by vessels flying the flag of Germany or registered in Germany are deemed to have exhausted the quota allocated to Germany for 1996.
Fishing for saithe in the waters of ICES divisions V b (EC-zone), VI, XII, XIV by vessels flying the flag of Germany or registered in Germany is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the above mentioned vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 23 April 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 May 1996.
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COMMISSION REGULATION (EC) No 406/2005
of 10 March 2005
fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 115/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 115/2005 (2).
(2)
In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.
(3)
The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified on 4 to 10 March 2005, pursuant to the invitation to tender issued in Regulation (EC) No 115/2005, the maximum refund on exportation of common wheat shall be 10,00 EUR/t.
Article 2
This Regulation shall enter into force on 11 March 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 March 2005.
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Council Decision
of 27 June 2001
on further exceptional financial assistance to Kosovo
(2001/511/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Whereas:
(1) The Commission has consulted the Economic and Financial Committee before submitting its proposal.
(2) The Security Council of the United Nations adopted Resolution 1244(1999) on 10 June 1999 aiming to promote the establishment, pending a final settlement, of substantial autonomy and self-government in Kosovo within the Federal Republic of Yugoslavia.
(3) The international community, basing itself upon Resolution 1244(1999), has set up an international security presence (KFOR) and an interim civil administration - the United Nations Interim Mission in Kosovo (UNMIK).
(4) UNMIK consists of four components (Pillars) and the European Union has taken the lead role(2) for the fourth Pillar responsible for economic reconstruction.
(5) UNMIK has taken steps to involve the main political parties and ethnic communities of Kosovo in its activities and is continuing to do so.
(6) UNMIK, and particularly Pillar IV thereof, has achieved substantial progress in setting up an institutional, legal and policy framework conducive to the creation of a sound economy based on market principles. It has provided for a functioning banking and payments system and promoted the development of the private sector. UNMIK has also made progress in developing the revenue base and keeping expenditure under control.
(7) UNMIK established a Central Fiscal Authority providing for transparent and accountable procedures to manage the Kosovo budget.
(8) On the basis of estimates from UNMIK presented in agreement with the International Monetary Fund (IMF), Kosovo requires external support to further progress in establishing a sound market economy and a civil administration. It is estimated that exceptional external financial assistance of some EUR 90 million would be needed until the end of 2001.
(9) UNMIK has presented a request for exceptional financial assistance. The international community considers that the provision of external budgetary support, fairly shared among donors, is essential to help cover the residual financing needs identified under the budget prepared for Kosovo by UNMIK.
(10) Kosovo is not in a position to borrow either domestically or on the international financial market and it is not eligible for membership of the international financial institutions and may therefore not benefit from financial assistance associated with their programmes.
(11) Although economic activity has resumed with considerable speed after the conflict, Kosovo is at a low level of economic development and its GDP per capita is estimated to be one of the lowest in the region and in Europe.
(12) Kosovo's current low level of economic development is the result of long-term neglect as well as conflict-related damages which cannot be overcome quickly but require reliable support over a significant period of time so as to establish sustainable institutions and to achieve durable economic growth.
(13) The Community has found it an appropriate measure to help ease Kosovo's financial constraints in the exceptionally difficult circumstances and has already, under Council Decision 2000/140/EC(3) provided for financial assistance in the form of straight grants in 2000 amounting to EUR 35 million.
(14) Financial assistance from the Community, in liaison with other donors, in the form of straight grants to be made available to UNMIK in support of the Kosovo people continues to be the appropriate measure.
(15) Without prejudice to the powers of the budgetary authority, the financial assistance will be part of the envelope of aid envisaged for Kosovo, and therefore subject to the funds being available in the general budget.
(16) The exceptional financial assistance should be managed by the Commission in consultation with the Economic and Financial Committee.
(17) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,
HAS DECIDED AS FOLLOWS:
Article 1
1. In addition to the financial assistance already decided upon by the Council in its Decision 2000/140/EC on 14 February 2000, the Community shall make available to UNMIK, in conjunction with the contributions of the other donors, exceptional financial assistance in the form of straight grants of up to EUR 30 million, with a view to alleviating the financial situation in Kosovo, facilitating the establishment and continuation of essential administrative functions and supporting the development of a sound economic framework.
2. This assistance shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with agreements or understandings reached between the IMF and UNMIK or any other internationally recognised authorities of Kosovo.
Article 2
1. The Commission is empowered to agree with UNMIK, after consultation with the Economic and Financial Committee, the economic conditions attached to this assistance. These conditions shall be consistent with any agreement referred to in Article 1(2).
2. The Commission shall verify at regular intervals, in consultation with the Economic and Financial Committee and in liaison with the IMF and the World Bank, that economic policies in Kosovo respect the objectives and economic policy conditions of this assistance.
Article 3
1. The assistance shall be made available to UNMIK in at least two instalments. Subject to the provisions of Article 2, the first instalment shall be released on the basis of a Memorandum of Understanding between UNMIK and the Community.
2. Subject to the provisions of Article 2, the second and any possible further instalment shall be released on the basis of a successful completion of the economic conditions referred to in Article 2(1) and not before three months after the release of the previous instalment.
3. The funds shall be made available to UNMIK through the Central Fiscal Authority exclusively in support of Kosovo's budgetary needs.
Article 4
All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by UNMIK if appropriate.
Article 5
The Commission shall address to the European Parliament and to the Council an annual report, which will include an evaluation on the implementation of this Decision.
Done at Luxembourg, 27 June 2001.
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COMMISSION REGULATION (EC) No 736/2007
of 28 June 2007
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 June 2007.
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COUNCIL DECISION
of 24 January 2006
authorising Latvia to extend the application of a measure derogating from Article 21 of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes
(Only the Latvian version is authentic)
(2006/42/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
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 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Under Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise 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.
(2)
By letter registered with the Secretariat-General of the Commission on 16 March 2005, Latvia requested authorisation to extend the application of a derogation measure on timber transactions.
(3)
In accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter dated 10 May 2005 of the request made by Latvia. By letter dated 31 May 2005, the Commission notified Latvia that it had all the information it considered necessary for appraisal of the request.
(4)
The timber market in Latvia is dominated by small local companies and individual suppliers. The nature of the market and businesses involved have generated tax fraud which the tax authorities have found difficult to control. In order to combat this abuse, a special provision was included in Latvia’s law on VAT, laying down that the person liable to pay tax is, under certain circumstances, the taxable person for whom the taxable supply of goods or services is carried out.
(5)
Article 21(1) of Directive 77/388/EEC, in the version set out in Article 28g of the said Directive, stipulates that under the internal system the taxable person supplying goods or services is normally liable for payment of the tax. However, the 2003 Act of Accession, and in particular Chapter 7, point 1(b) of Annex VIII thereto, authorised Latvia for a limited period to continue to apply its procedure for charging VAT on timber transactions.
(6)
The Commission understands that this arrangement has effectively enabled Latvia to reduce the risk of VAT evasion and to simplify the procedure for charging the tax in the timber market.
(7)
The derogation has no adverse impact on the Communities’ own resources accruing from VAT,
HAS ADOPTED THIS DECISION:
Sole Article
By way of derogation from Article 21(1)(a) of Directive 77/388/EEC, in the version set out in Article 28g thereof, Latvia is hereby authorised to continue to designate the recipient as the person liable to pay VAT in the case of timber transactions from 1 May 2005 to 31 December 2009.
This Decision is addressed to the Republic of Latvia.
Done at Brussels, 24 January 2006.
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*****
COMMISSION DECISION
of 4 February 1986
approving the first amendment to the plan for the accelerated eradication of classical swine fever, submitted by Greece
(Only the Greek text is authentic)
(86/51/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 80/1095/EEC of 11 November 1980 laying down conditions designed to render and keep the territory of the Community free from classical swine fever (1), and in particular Article 6, paragraph 4 thereof,
Having regard to Council Decision 80/1096/EEC of 11 November 1980 introducing Community financial measures for the eradication of classical swine fever (2), as last amended by Decision 83/254/EEC (3), and in particular Article 5 thereof,
Whereas, by Decision 83/484/EEC (4), the Commission approved the plan for the accelerated eradication of classical swine fever submitted by Greece;
Whereas, by Decision 85/179/EEC (5), the Commission has approved a first amendment to the initial plan;
Whereas, by letter dated 21 November 1985, the Greek authorities informed the Commission of amendments to the initial plan to take account of the evolution of classical swine fever in Greece;
Whereas the amended plan has been examined and found to comply with Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control of classical swine fever (6), as last amended by Directive 84/645/EEC (7) and with Directive 80/1095/EEC; whereas the conditions for financial participation by the Community continue therefore to be met;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The second amendment to the plan for the accelerated eradication of classical swine fever, submitted by Greece, is hereby approved.
Article 2
The amendment of the plan referred to in Article 1 shall take effect on 1 January 1986.
Article 3
This Decision is addressed to the Greek Republic.
Done at Brussels, 4 February 1986.
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COMMISSION REGULATION (EEC) No 1509/78 of 30 June 1978 amending Regulations (EEC) No 937/77 and (EEC) No 1054/78 laying down detailed rules for the application of Regulation (EEC) No 878/77 on the exchange rates to be applied in agriculture
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 878/77 of 26 April 1977 on the exchange rate to be applied in agriculture (1), as last amended by Regulation (EEC) No 976/78 (2), and in particular Article 5 thereof,
Whereas the said Regulation brought into operation the provisions of Council Regulation (EEC) No 1134/68 of 30 July 1968 laying down rules for the implementation of Regulation (EEC) No 653/68 on conditions for alterations to the value of the unit of account used for the common agricultural policy (3) ; whereas Article 4 of that Regulation provides that any person who has obtained advance fixing for a specific transaction may on application obtain cancellation of the advance fixing and of the relevant document or certificate ; whereas, however, Article 4 (2) of Regulation (EEC) No 878/77 provides that the second subparagraph of Article 4 (1) of Regulation (EEC) No 1134/68 applies only if the application of the new representative rates is disadvantageous;
Whereas the circumstances constituting disadvantageous application of the new representative rates were defined in Article 1 of Commission Regulation (EEC) No 937/77 of 29 April 1977 laying down detailed rules for the application of Council Regulation (EEC) No 878/77 on the exchange rates to be applied in agriculture (4), as last amended by Regulation (EEC) No 475/78 (5), and in Article 1 of Commission Regulation (EEC) No 1054/78 of 19 May 1978 laying down detailed rules for the application of Regulation (EEC) No 878/77 on the exchange rates to be applied in agriculture and replacing Regulation (EEC) No 937/77 (6);
Whereas it should be more clearly stated that cancellation of the advance fixing and of the relevant document or certificate may be requested only if - in the case in question there would be a material disadvantage as a result of the alteration in the representative rate of the currency concerned, and
- in the case of simultaneous alteration of the representative rate and of the price level in units of account, the disadvantage resulting from the alteration in the representative rate outweighs any advantage afforded by the alteration in the price level;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant management committees,
HAS ADOPTED THIS REGULATION:
Article 1
Paragraphs 1 and 2 of Article 1 of Regulation (EEC) No 937/77 and Article 1 of Regulation (EEC) No 1054/78 are hereby amended to read as follows:
"1. For the purposes of Article 4 of Regulation (EEC) No 878/77, there shall be a disadvantage where, following the application of the new representative rate, the alteration in terms of national currency in the sum total, or where appropriate the balance, of the amounts applicable to a particular transaction results in: - the levying of a greater amount, or
- the granting of a lesser amount
than that applicable before entry into force of the said rate.
The disadvantage shall be determined by comparing the situation of the interested party before and after the new rates and prices have taken effect. No account shall be taken in making the comparison of any alteration in the spot market rates for the currency concerned.
On application by Member States the Commission shall supply the information necessary for calculating the disadvantage. (1)OJ No L 106, 29.4.1977, p. 27. (2)OJ No L 125, 13.5.1978, p. 32. (3)OJ No L 188, 1.8.1968, p. 32. (4)OJ No L 110, 30.4.1977, p. 1. (5)OJ No L 65, 8.3.1978, p. 10. (6)OJ No L 134, 22.5.1978, p. 40.
2. Cancellation of an advance fixing and of the relevant document or certificate, provided for in the last subparagraph of Article 4 (1) of Regulation (EEC) No 1134/68, may be requested only if (a) the representative rate of the currency concerned has been altered, and
(b) if, in the case of simultaneous alteration of the representative rate and of the price level in units of account, the disadvantage resulting from the alteration in the representative rate outweighs any advantage afforded by the effect of the alteration in the price level on the amount to be granted or levied on the goods.
3. For certificates not including an advance fixing of a monetary compensatory amount, calculation of any disadvantage shall be made for the currency of the Member State in which the document or certificate has been issued.
However, for certificates including an advance fixing of a monetary compensatory amount, the calculation shall be made for the currency of the Member State in which the certificate is valid."
Article 2
Paragraphs 3 and 4 of Article 1 of Regulation (EEC) No 937/77 shall become paragraphs 4 and 5 of the said Article.
Article 3
This Regulation shall enter into force on 1 July 1978.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1978.
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COMMISSION REGULATION (EC) No 1286/2006
of 29 August 2006
amending for the 70th 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 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (1), and in particular Article 7(1), first indent, thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.
(2)
On 18 and 23 August 2006, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. On 25 July, the Sanctions Committee decided a number of amendments of existing entries and one of them should still be included in Annex I. Annex I should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 881/2002 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 August 2006.
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COMMISSION DIRECTIVE
of 10 December 1991
adapting to technical progress Council Directive 76/756/EEC relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers
(91/663/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof,
Having regard to Council Directive 70/156/EEC of 6 February 1970 relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 87/403/EEC of 25 June 1987 (2), and in particular Article 11 thereof,
Having regard to Council Directive 76/756/EEC of 27 July 1976 relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (3), as amended by Directives: 80/233/EEC of 21 November 1979 (4), 82/244/EEC of 17 March 1982 (5), 83/276/EEC of 26 May 1983 (6), 84/8/EEC of 14 December 1983 (7) and 89/278/EEC of 28 March 1989 (8),
Whereas for clarity it is now necessary to produce a consolidation of these Directives;
Whereas in the light of technical progress it is now possible to introduce further amendments, namely the colour of headlights will be required to be white only, side-marker lamps will be specified for certain vehicles and the requirement for lamps on movable components and other matters of detailed drafting can be clarified;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 76/756/EEC is amended as follows:
1. the Articles are replaced by the following Articles to this Directive;
2. the Annexes are replaced by the Annexes to this Directive.
Article 2
For the purposes of this Directive, 'vehicle` means any vehicle to which Council Directive 70/156/EEC applies.
Article 3
1. With effect from 1 January 1993, no Member State may:
- refuse, in respect of a type of vehicle, to grant EC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of vehicles
on grounds relating to the installation of the lighting and light-signalling devices on this type of vehicle or on these vehicles if these devices are installed in accordance with the requirements of this Directive.
2. With effect from 1 October 1993, Member States:
- shall no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, and
- may refuse to grant national type-approval
in respect of a type of vehicle on which the installation of the lighting and light-signalling devices is not in accordance with the requirements of this Directive.
3. With effect from 1 October 1994, Member States may prohibit the first entry into service of vehicles on which the installation of these devices is not in accordance with the requirements of this Directive.
Article 4
A Member State which has granted EC type-approval shall take the necessary measures to ensure that it is informed of any modification to any parts or characteristics referred to in item 1.1 of Annex I. The competent authorities of that Member State shall determine whether further tests should be carried out on the modified vehicle type and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.
Article 5
Any amendments necessary in order to adapt the content of the Annexes to this Directive to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 6
1. Member States shall bring into force the legislative, regulatory and administrative provisions necessary in order to comply with this Directive before 1 January 1993 and shall forthwith inform the Commission thereof.
2. When the Member States adopt these provisions they shall make a reference to this Directive in their official publication. The form of this reference shall be determined by the Member States.
3. Member States shall ensure that the terms of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 10 December 1991.
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COUNCIL REGULATION (EEC) No 1526/76 of 24 June 1976 concerning imports of bran, sharps and other residues derived from the sifting, milling or other working of certain cereals originating in Morocco
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 113 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco and the Interim Agreement (2) on the advance implementation of certain provisions of the Cooperation Agreement were signed on 27 April 1976;
Whereas, under Article 23 of the Cooperation Agreement and Article 16 of the Interim Agreement, provided that Morocco levies a special charge on exports of bran, sharps and other residues derived from the sifting, milling or other working of cereals other than of maize or rice, falling within subheading 23.02 A II of the Common Customs Tariff, the variable component of the import levy shall be reduced by an amount equivalent to 60 % of the average of the variable components of the levies on the product in question for the three months preceding the month in which such an amount is fixed and the fixed component shall not be imposed;
Whereas this special charge on exports must be reflected in the import price of these products in the Community;
Whereas, in order to ensure that these Agreements are correctly applied, measures should be adopted requiring the importer, at the time when the bran, sharps and other residues are imported, to furnish proof that the special charge on exports has been collected by Morocco;
Whereas, pursuant inter alia to the Agreement in the form of an exchange of letters relating to Article 23 of the Cooperation Agreement and Article 16 of the Interim Agreement between the European Economic Community and the Kingdom of Morocco concerning the import into the Community of bran and sharps originating in Morocco (3), these Agreements require detailed rules for their application,
HAS ADOPTED THIS REGULATION:
Article 1
The variable component of the levy on imports into the Community of bran, sharps and other residues derived from the sifting, milling or other working of cereals, other than of maize or rice, falling within subheading 23.02 A II of the Common Customs Tariff originating in Morocco shall be that calculated in accordance with Article 2 of Council Regulation (EEC) No 2744/75 of 29 October 1975 on the import and export system for products processed from cereals and from rice (4), less an amount equivalent to 60 % of the average of the variable components of the levies on the product in question for the three months preceding the month in which such an amount is fixed.
Article 2
Article 1 shall apply to all imports in respect of which the importer can furnish proof that the special charge on exports has been levied by Morocco in accordance with Article 23 of the Cooperation Agreement or with Article 16 of the Interim Agreement. (1)Opinion delivered on 18 June 1976 and not yet published in the Official Journal. (2)OJ No L 141, 28.5.1976, p. 98. (3)See page 54 of this Official Journal. (4)OJ No L 281, 1.11.1975, p. 65.
Article 3
Detailed rules for the application of this Regulation, in particular as regards the fixing of the amount by which the levy is to be reduced, shall be adopted in accordance with the procedure laid down in Article 26 of Regulation No 359/67/EEC.
Article 4
The fixed component of the levy on imports into the Community of bran, sharps and other residues derived from the sifting, milling or other working of cereals, other than of maize or rice, falling within subheading 23.02 A II of the Common Customs Tariff originating in Morocco shall not be imposed.
Article 5
This Regulation shall enter into force on the day of the entry into force of the Agreement in the form of an exchange of letters relating to Article 23 of the Cooperation Agreement and Article 16 of the Interim Agreement between the European Economic Community and the Kingdom of Morocco concerning the import into the Community of bran and sharps originating in Morocco.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 June 1976.
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COUNCIL REGULATION (EEC) No 2138/92 of 23 July 1992 amending Regulation (EEC) No 1411/71 laying down additional rules on the common market organization in milk and milk products for drinking milk
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 (1),
Having regard to the opinion of the European Parliament (2),
Whereas under Article 3 (5) of Regulation (EEC) No 1411/71 (3), Member States have, as regards whole milk produced and marketed in their territory, had to opt for either of the formulae set out in the second indent of paragraph 1 (b) of that Article; whereas under paragraphs 6 and 7 of the said Article trade in whole milk between Member States that have not opted for the same formulae is subject to certain restrictions;
Whereas, in line with the trend of consumption and of intra-Community trade in the various categories of drinking milk and also with the elimination of restrictions on health grounds to free trade in these products, all restrictions on intra-Community trade under the abovementioned Regulation should be abolished; whereas this should be done with due respect for milk production and distribution practices in the Member States; whereas production and marketing of both types of whole milk should therefore be permitted in each Member State but under commercial names which are sufficiently precise to inform the purchaser of the true nature of the product; whereas in order to prevent distortion of the market the minimum fat content of non-standardized whole milk must be adjusted;
Whereas Article 6 (3) provides for the possibility of derogation from the minimum fat content of 3,50 % laid down for standardized whole milk; whereas within the terms of this provision whole milk covered by a derogation of this kind must be marketed in the area of manufacture; whereas it is appropriate to amend the said paragraph in order to remove the barrier to free trade involved and, in addition, in order to take account of the difficulties which may arise from the requirement for non-standardized whole milk to have a minimum fat content of 3,50 %; whereas it is advisable to check regularly the justification for and the consequences of the derogations applied for;
Whereas under Article 6 (2) of the same Regulation Member States can provide for an additional whole milk category with a fat content fixed by them of not less than 3,80 %; whereas given the proposed changes in the arrangements for whole milk and to make the distinct nature of this category clear this minimum should be raised;
Whereas under Article 25 (1) of Regulation (EEC) No 804/68 (4) a Member State can be authorized to grant a producer organization the exclusive right to buy from producers in the area concerned the milk that they produce and market without processing; whereas it should be specified in clarification that standardized whole milk is to be treated as unprocessed milk for the purpose of that provision,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1411/71 is hereby amended as follows:
1. Article 3 shall be amended as follows:
(a) in the second indent of paragraph 1 (b), '3,00 %' shall be replaced by '3,50 %';
(b) the following subparagraph shall be added to paragraph 2:
'In the case of whole milk, the name shall be followed by a further description to inform the purchaser whether the product has undergone the process of standardization or not in all cases where the omission of such information could create confusion in the mind of the purchaser.';
(c) paragraphs 5 to 8 are deleted.
2. Article 6 shall be amended as follows:
(a) in paragraph 2 '3,80 %' shall be replaced by '4,00 %';
(b) paragraph 3 shall be replaced by the following:
'3. For areas in which the natural fat content of the milk does not reach 3,50 %, a derogation from the second indent of Article 3 (1) (b) may be granted in order to allow milk produced in those areas to be sold as whole milk. This milk may not, however, have been subject to any skimming and it must have a fat content of at least 3,20 %. Derogations of this kind may be issued for a period of up to one year at a time, at the request of the Member States, in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68, taking account, in particular, of the situation as regards the milk market in the areas in question, of the interests of consumers and of the possible effects on trade in whole milk between the Member States.';
(c) the following paragraph shall be added:
'6. For the purpose of Article 25 (1) of Regulation (EEC) No 804/68 standardized whole milk shall be regarded as unprocessed milk.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 1992.
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COMMISSION REGULATION (EC) No 52/2007
of 23 January 2007
determining the extent to which the applications for import licences submitted in January 2007 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted
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),
Having regard to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (2), and in particular Article 16(2) thereof,
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 (3), and in particular Article 7(2) thereof,
Whereas:
Applications lodged from 1 to 10 January 2007 for certain quotas referred to in Annex I to Regulation (EC) No 2535/2001 concern quantities greater than those available; therefore, the allocation factors should be fixed for the quantities applied for,
HAS ADOPTED THIS REGULATION:
Article 1
The allocation coefficients set out in the Annex to this Regulation shall be applied to the quantities for which import licences have been sought for the period from 1 to 10 January 2007 in respect of products falling within the quotas referred to in parts I.A, and parts I.C, I.D, I.E, I.F and I.H, of Annex I to Regulation (EC) No 2535/2001.
Article 2
This Regulation shall enter into force on 24 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 January 2007.
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*****
COMMISSION REGULATION (EEC) No 718/89
of 21 March 1989
amending Annexes III en IV bis to Council Regulation (EEC) No 4136/86 with regard to certain textile products originating in Hong Kong (categories 7 and 78)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), as last amended by Regulation (EEC) No 694/89 (2), and in particular Article 17,
Whereas, with a view to the introduction of the combined nomenclature, the Community has negotiated with Hong Kong an Agreed Minute modifying the quantitative limits for categories 7 and 78 products provided for in the Agreement between the EEC and Hong Kong on trade in textiles;
Whereas the Council has decided, on 21 December 1988, that this Agreed Minute should be applied provisionally pending its formal conclusion;
Whereas it is therefore necessary to amend Annexes III and IV bis to Regulation (EEC) No 4136/86;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III and IV bis to Regulation (EEC) No 4136/86 are hereby amended for Hong Kong accordance with the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 1989.
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COMMISSION DECISION of 21 December 1994 approving the 1995 programme presented by Luxembourg for the eradication and monitoring of infectious hematopoietic necrosis and setting the level of the Community's financial contribution (Only the French text is authentic) (94/882/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 (6) thereof,
Whereas Decision 90/424/EEC provides that the Community may make a financial contribution to the eradication and monitoring of infectious hematopoietic necrosis;
Whereas, by letter of 21 July 1994, Luxembourg presented a programme for the eradication and monitoring of this disease;
Whereas examination of the programme has shown it to be in accordance with Council Decision 90/638/EEC of 27 November 1990 laying down the Community criteria for the eradication and monitoring of certain animal diseases (3), as last amended by Directive 92/65/EEC (4);
Whereas this programme is included in the list of programmes for the eradication and monitoring of animal diseases which may receive a financial contribution from the Community in 1995, as laid down in Commission Decision 94/769/EC (5);
Whereas in view of the programme's important role in achieving the objectives pursued by the Community as regards animal health, the Community's financial contribution should be set at 50 % of the costs borne by Luxembourg, up to a maximum of ECU 1 000;
Whereas the Community will make a financial contribution provided that the measures planned are carried out and the authorities supply all the information necessary within the time limit laid down;
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 and monitoring of infectious hematopoietic necrosis presented by Luxembourg is hereby approved for the period 1 January to 31 December 1995.
Article 2
Luxembourg shall bring into force on 1 January 1995 the laws, regulations and administrative provisions to implement the programme referred to in Article 1.
Article 3
1. The Community's financial contribution is hereby set at 50 % of the costs borne by Luxembourg for the implementation of the programme referred to in Article 1, up to a maximum of ECU 1 000.
2. The Community's financial contribution shall be granted after:
- a quarterly report has been forwarded to the Commission on the progress of the measure and the expenditure incurred.
- a final report has been forwarded to the Commission by 1 June 1996 at the latest on the technical implementation of the measure, accompanied by supporting documents relating to the expenditure incurred.
Article 4
This Decision is addressed to the Grand Duchy of Luxembourg.
Done at Brussels, 21 December 1994.
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++++
COMMISSION REGULATION ( EEC ) NO 59/81
OF 1 JANUARY 1981
LAYING DOWN TRANSITIONAL MEASURES FOR GREECE IN RESPECT OF MINIMUM STOCKS OF SUGAR
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO THE ACT OF ACCESSION OF GREECE , AND IN PARTICULAR ARTICLE 73 ( 1 ) THEREOF ,
WHEREAS ARTICLE 73 ( 1 ) OF THE ACT PROVIDES FOR THE ADOPTION OF THE NECESSARY TRANSITIONAL MEASURES , PARTICULARLY IF FOR CERTAIN PRODUCTS THE IMPLEMENTATION IN GREECE ON THE SCHEDULED DATE OF THE ARRANGEMENTS RESULTING FROM THE COMMON ORGANISATION OF THE MARKETS MEETS WITH APPRECIABLE DIFFICULTIES ;
WHEREAS ARTICLE 18 OF COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1396/78 ( 2 ) , PROVIDES FOR A SYSTEM OF MINIMUM STOCKS IN THE SUGAR SECTOR ; WHEREAS THE GENERAL RULES FOR THAT SYSTEM ARE LAID DOWN BY COUNCIL REGULATION ( EEC ) NO 1488/76 OF 22 JUNE 1976 LAYING DOWN PROVISIONS FOR THE INTRODUCTION OF A SYSTEM OF MINIMUM STOCKS IN THE SUGAR SECTOR ( 3 ) , AS AMENDED BY REGULATION ( EEC ) NO 2153/80 ( 4 ) ; WHEREAS PURSUANT TO ARTICLE 1 ( A ) OF THAT REGULATION EACH SUGAR MANUFACTURER SHALL HOLD IN STOCK DURING EACH MONTH A QUANTITY OF SUGAR WHICH SHALL NOT BE LESS THAN A CERTAIN PERCENTAGE OF HIS ACTUAL PRODUCTION WITHIN THE LIMIT OF THE BASIC QUOTA OF HIS UNDERTAKING DURING THE PERIOD OF 12 MONTHS IMMEDIATELY PRECEDING THE MONTH IN QUESTION ;
WHEREAS PURSUANT TO ARTICLE 8 OF REGULATION ( EEC ) NO 1488/76 THE MINIMUM STOCKS OF COMMUNITY PRODUCED SUGAR WERE ESTABLISHED BY QUOTA SUGAR PRODUCED ONLY AFTER THE ENTRY INTO FORCE OF THAT REGULATION ; WHEREAS , LIKEWISE , MINIMUM STOCKS OF SUGAR PRODUCED IN GREECE SHOULD BE ESTABLISHED BY QUOTA SUGAR PRODUCED ONLY ON OR AFTER 1 JANUARY 1981 ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR SUGAR ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
THE PROVISIONS OF ARTICLE 1 ( A ) OF REGULATION ( EEC ) NO 1488/76 SHALL APPLY TO THE GREEK SUGAR MANUFACTURER ONLY IN RESPECT OF SUGAR PRODUCED ON OR AFTER 1 JANUARY 1981 .
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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COMMISSION REGULATION (EC) No 3484/93 of 17 December 1993 amending Regulation (EEC) No 3886/92 laying down detailed rules for the application of the premium schemes provided for in the beef and veal sector
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 (EEC) No 747/92 (2), and in particular Articles 4b (8), 4c (4), 4d (6) and (8), 4e (1) and (5), 4f (4), 4g (5), 4h (2), 4i (4) and 4k (2) thereof,
Whereas the detailed rules laid down for the application of the premium schemes introduced by Articles 4a to 4h of Regulation (EEC) No 805/68 initially provided that all 'livestock' aid applications for the granting of the special premium following slaughter or the date on which the animal is first placed on the market with a view to slaughter are to be submitted 30 days after slaughter or the day on which the animal is first placed on the market at the latest; whereas, in order to relieve the administrative burdens on producers resulting from that rule, Commission Regulation (EEC) No 1909/93 of 15 July 1993 (3) extended the time limit of 30 days to six months;
Whereas Article 45 of Regulation (EEC) No 3886/92 (4), as last amended by Regulation (EEC) No 1909/93, provides that the operative event for determining the year to which animals covered by premium schemes are allocated and the number of LU to be used for calculating the density factor is to be the date of submission of applications; whereas, although this provision does not specifically refer to the amount of the premium, the administrative simplification introduced by Regulation (EEC) No 1909/93 was never intended to allow producers to obtain the higher premium amount corresponding to a subsequent year for animals slaughtered or placed on the market in one year;
Whereas, in order to allow the producers concerned to act in sufficient time, this Regulation should enter into force as soon as possible;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
The following paragraph is hereby added to Article 44 of Regulation (EEC) No 3886/92:
'However, in the case of the granting of the special premium in accordance with one of the options provided for in Article 8,
- where the animal was slaughtered or placed on the market before 24.00 hours on 31 December, and
- where the premium application for that animal is submitted after that date,
the amount of the premium applicable shall be that in force on 31 December of the year in which slaughter or the first placing on the market took place.'
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, 17 December 1993.
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*****
COUNCIL DIRECTIVE
of 18 March 1986
amending Directive 80/232/EEC on the approximation of the laws of the Member States relating to the ranges of nominal quantities and nominal capacities permitted for certain prepackaged products
(86/96/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, since the adoption on 15 January 1980 of Directive 80/232/EEC (4), difficulties have arisen, particularly as regards the designation of certain products in Annex I and the interpretation of the introductory paragraph of Annex III;
Whereas the said Annexes should be amended as a result,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I and III to Directive 80/232/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
Member States shall take the measures necessary to comply with this Directive within 18 months of its notification (5). They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 18 March 1986
F
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Commission Decision
of 22 August 2002
approving the programmes for the implementation of Member States' surveys for avian influenza in poultry and wild birds
(notified under document number C(2002) 3112)
(2002/673/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Decision 2001/572/EC(2), and in particular Article 20 thereof,
Whereas:
(1) Council Decision 90/424/EEC provides for financial aid from the Community for the undertaking of technical and scientific measures necessary for the development of Community veterinary legislation and for veterinary education or training.
(2) By Commission Decision 2002/.../EC(3) Member States agreed to carry out a survey for avian influenza in poultry and wild birds. These surveys shall investigate the presence of infections in poultry, which could lead to a review of current legislation and contribute to the knowledge of the possible threats for animals and humans from the wildlife.
(3) That Decision set the Community's financial contribution to these surveys at the rate of 50 % of the costs incurred by the Member States for the sampling and analysing of samples up to a maximum of EUR 500000 for all Member States in total.
(4) Programmes submitted by the Member States have been studied by the Commission and shall be approved individually by the Community granting financial participation to each approved programme.
(5) Furthermore, it seems appropriate to lay down standard forms for reporting the results of the surveys and for the financial claim for co-financing of the costs incurred by Member States for the implementation of the programme.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
1. The programmes for the implementation of surveys for avian influenza in poultry and birds are hereby approved for the Member States listed in Annex I for the period as specified.
2. Financial participation by the Community shall be granted at the rate of 50 % of the costs for sampling and analysing of samples by each Member State up to a maximum laid down in Annex I.
3. The Community shall pay the financial contribution for the programmes referred to under paragraph 1 provided that by 30 September 2003 at the latest, the Member State concerned:
(a) provides satisfactory evidence to the Commission that it has brought into force the laws, regulations or administrative provisions necessary to implement the programme,
(b) forwards a final report on the technical execution of the programme and the results attained specified in Annexes II, III and IV accompanied by justifying evidence as to the costs incurred during the period of the programme as laid down in Annex V,
(c) provides satisfactory evidence to the Commission that it has implemented the programme efficiently in accordance with the guidelines set out in the Annex to Decision 2002/649/EC.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 22 August 2002.
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*****
COMMISSION DECISION
of 17 March 1982
establishing that the apparatus described as 'Varian-linear accelerator, model Clinac 20' may not be imported free of Common Customs Tariff duties
(82/197/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 7 September 1981, the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'Varian-linear accelerator, model Clinac 20', to be used for the study of the possibilities of cancer therapy by means of high-energy electron beams and gamma radiation at high dosage rates and in particular for the radiotherapy for cancer patients, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 4 February 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is an accelerator; whereas it does not have the requisite objective characteristics making it specifically suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus; whereas it therefore cannot be regarded as a scientific apparatus; whereas the duty-free admission of the apparatus in question is therefore not justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Varian-linear accelerator, model Clinac 20', which is the subject of an application by the Federal Republic of Germany of 7 September 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 March 1982.
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COUNCIL REGULATION (EC) No 486/2006
of 20 March 2006
concerning the implementation of the Agreement on Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs) by amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Council Regulation (EEC) No 2658/87 (1) established a goods nomenclature, hereinafter referred to as the ‘Combined Nomenclature’, and set out the conventional duty rates of the Common Customs Tariff.
(2)
By its Decision 2005/964/EC (2), the Council has concluded, on behalf of the European Community, the Agreement on Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs) (hereinafter referred to as ‘the Agreement’).
(3)
The Agreement reduces to zero the rate of all customs duties and other duties and charges applied to MCPs.
(4)
The Secretary-General of the Council of the European Union as the depository designated by the Agreement has received instruments of acceptance from four Parties. Pursuant to Article 7(a) of the Agreement, these four Parties have agreed that the Agreement shall enter into force on 1 April 2006.
(5)
The Agreement should therefore be implemented by amending Annex I to Regulation (EEC) No 2658/87,
HAS ADOPTED THIS REGULATION:
Article 1
In Annex I, Part One, Section II ‘Special Provisions’ of Regulation (EEC) No 2658/87, a letter G ‘Duty-Free Treatment of Multi-Chip Integrated Circuits (MCPs)’ as contained in the Annex to this regulation is added.
Article 2
This Regulation shall enter into force the day following its publication in the Official Journal of the European Union.
It shall apply from 1 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 2006.
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Commission Regulation (EC) No 2874/2000
of 28 December 2000
on the authorisation of transfers between the quantitative limits of textiles and clothing products originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(1), as last amended by Commission Regulation (EC) No 2474/2000(2), and in particular Article 7 thereof,
Whereas:
(1) Article 5 of the Agreement between the Community and the People's Republic of China on trade in textiles products, initialled on 9 December 1988(3) and as last amended and extended by the Agreement in the form of an Exchange of Letters, initialled on 15 May 2000 and Article 8 of the Agreement between the Community and the People's Republic of China initialled on 19 January 1995 on trade in textile products not covered by the MFA bilateral agreement(4) and as last amended by an Agreement in the form of an Exchange of Letters, initialled on 15 May 2000, provide that transfers may be agreed between quota years.
(2) The People's Republic of China made a request on 13 November 2000.
(3) The transfers requested by the People's Republic of China fall within the limits of the flexibility provisions referred to in Article 5 of the Agreement between the Community and the People's Republic of China on trade in textiles products, initialled on 9 December 1988 and as set out in Annex VIII to Regulation (EEC) No 3030/93.
(4) It is appropriate to grant the request.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Textiles Committee provided for in Article 17 of Regulation (EEC) No 3030/93,
HAS ADOPTED THIS REGULATION:
Article 1
Transfers between the quantitative limits for textile goods originating in the People's Republic of China are authorised for the quota year 2000 as detailed in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply to the quota year 2000.
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 828/2007
of 13 July 2007
concerning the permanent and provisional authorisation of certain additives 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), and in particular Articles 3, 9d(1) and 9e(1) thereof,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (2), and in particular Article 25 thereof,
Whereas:
(1)
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition.
(2)
Article 25 of Regulation (EC) No 1831/2003 lays down transitional measures for applications for the authorisation of feed additives submitted in accordance with Directive 70/524/EEC before the date of application of Regulation (EC) No 1831/2003.
(3)
The applications for the authorisation of the additives listed in the Annexes to this Regulation were submitted before the date of application of Regulation (EC) No 1831/2003.
(4)
Initial comments on those applications, as provided for in Article 4(4) of Directive 70/524/EEC, were forwarded to the Commission before the date of application of Regulation (EC) No 1831/2003. Those applications are therefore to continue to be treated in accordance with Article 4 of Directive 70/524/EEC.
(5)
The use of the preparation of endo-1,4-beta-xylanase produced by Trichoderma longibrachiatum (MUCL 39203) was provisionally authorised for the first time for chickens for fattening by Commission Regulation (EC) No 1436/98 (3). New data were submitted in support of an application for authorisation without a time limit of that preparation for chickens for fattening. The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that preparation, as specified in Annex I to this Regulation, should be authorised without a time limit.
(6)
The use of the preparation of endo-1,4-beta-xylanase produced by Trichoderma longibrachiatum (IMI SD 135) was provisionally authorised for the first time for turkeys for fattening by Commission Regulation (EC) No 1353/2000 (4). New data were submitted in support of an application for authorisation without a time limit of that preparation for turkeys. The assessment shows that the conditions laid down in Article 3a of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that preparation, as specified in Annex II to this Regulation, should be authorised without a time limit.
(7)
Data were submitted in support of an application for authorisation for four years of the preparation Astaxanthin-rich Phaffia rhodozyma (ATCC SD-5340) for salmon and trout. The European Food Safety Authority (EFSA) expressed its opinion on the use of this preparation on 25 January 2006. The assessment shows that the conditions laid down in Article 9e(1) of Directive 70/524/EEC for such authorisation are satisfied. Accordingly, the use of that preparation, as specified in Annex III to this Regulation, should be provisionally authorised for four years.
(8)
The assessment of these applications shows that certain procedures should be required to protect workers from exposure to the additives set out in the Annexes. Such protection should be assured by the application of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5).
(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
The preparation belonging to the group ‘Enzymes’, as specified in Annex I, is authorised without a time limit as an additive in animal nutrition under the conditions laid down in that Annex.
Article 2
The preparation belonging to the group ‘Enzymes’, as specified in Annex II, is authorised without a time limit as an additive in animal nutrition under the conditions laid down in that Annex.
Article 3
The preparation belonging to the group ‘Colorants, including pigments’, as specified in Annex III, is authorised provisionally for four years as an additive in animal nutrition under the conditions laid down in that Annex.
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, 13 July 2007.
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COUNCIL REGULATION (EC) No 880/2009
of 7 September 2009
concerning the implementation of the Agreement in the form of an Exchange of Letters between the European Community and Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Council Regulation (EEC) No 2658/87 (1) established a goods nomenclature, hereinafter referred to as the ‘Combined Nomenclature’, and set out the conventional duty rates of the Common Customs Tariff.
(2)
By its Decision 2009/718/EC of 7 September 2009 (2) on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Brazil, the Council approved, on behalf of the Community, the abovementioned Agreement with a view to closing negotiations initiated pursuant to Article XXIV:6 of GATT 1994.
(3)
Pursuant to Article 153(3) of 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 (3), full-time refiners in the Community enjoy a privileged access to sugar for refining during the first three months of the marketing year 2009/2010, i.e. from 1 October to 31 December 2009. In case that this Regulation should apply from a date later than 1 October 2009 and in order to guarantee the priority to full-time refiners in the marketing year 2009/2010, the start of the three-month period should be postponed until the first day of application of this Regulation.
(4)
Regulation (EEC) No 2658/87 should therefore be amended and supplemented accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EEC) No 2658/87, Annex 7 entitled ‘WTO tariff quotas to be opened by the competent Community authorities’, to Section III of Part Three of Annex I, the quotas with Order Numbers 10, 14, 28, 31, 101 and 103 shall be replaced by the quotas with the same Order Numbers shown in the Annex to this Regulation.
Article 2
By way of derogation from Article 153(3) of Council Regulation (EC) No 1234/2007, for the quotas with the Order Numbers 101 and 103 as set out in the Annex to this Regulation, the three-month period for the marketing year 2009/2010 shall start from 1 October 2009, or from the first day of application of this Regulation, whichever is the later.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall apply as from 1 October 2009.
However, should the signed letter from Brazil referred to in the Agreement in the form of an Exchange of Letters approved by Decision 2009/718/EC not be received before that date, the Commission shall publish a notice in the C series of the Official Journal of the European Union to that effect. In that case, this Regulation shall apply from the day following the publication in the Official Journal of the European Union of the detailed rules to be adopted by the Commission for the implementation of the tariff quotas referred to in Article 1 of this Regulation pursuant to Article 2 of Decision 2009/718/EC.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 September 2009.
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COMMISSION REGULATION (EC) No 1157/94 of 20 May 1994 amending Regulation (EEC) No 1728/92 laying down detailed rules for implementation of the specific arrangements for the supply of cereal products to the Canary Islands and establishing the forecast supply balance
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 relating to certain agricultural products (1), as last amended by Commission Regulation (EEC) No 1974/93 (2), and in particular
Article 3
(4) thereof,
Whereas Commission Regulation (EEC) No 1695/92 (3), as last amended by Regulation (EEC) No 2596/93 (4), lays down common detailed rules for the implementation of the specific arrangements for the supply of certain agricultural products to the Canary Islands;
Whereas Commission Regulation (EEC) No 1728/92 (5), as last amended by Regulation (EEC) No 2300/93 (6), establishes, pursuant to Article 2 of Regulation (EEC) No 1601/92, the forecast supply balance for cereal products for the Canary Islands; whereas the balance allows for interchange of the quantities determined for certain of the products concerned and, if necessary, for an increase during the year in the overall quantity determined; whereas, in the light of experience and in order to meet requirements in the Canary Islands, it is necessary to adjust the forecast supply balance; whereas the Annex to Regulation (EEC) No 1728/92 should therefore be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 1728/92 is hereby replaced by 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 Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 May 1994.
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COMMISSION REGULATION (EC) No 1641/2006
of 6 November 2006
establishing a prohibition of fishing for cod in ICES zone IIa (EC waters) and IV by vessels flying the flag of Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 51/2006 of 22 December 2005 fixing for 2006 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 2006.
(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 2006.
(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 2006 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, 6 November 2006.
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COUNCIL REGULATION (EEC) No 1757/91 of 17 June 1991 opening and providing for the administration of Community tariff quotas for certain quality wines and sparkling wines, originating in Austria
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the Agreement with Austria regarding reciprocal creation of tariff quotas for certain quality wines, the Community is committed to suspending in full the customs duties applicable to quality wines and sparkling wines, originating in Austria, which conform to the wine and viticulture law of 1985 of the Republic of Austria, presented in containers not exceeding two litres, within the limits of annual tariff quotas of 85 000 and 2 000 hectolitres respectively; whereas this Agreement also provides that the quota period is from 1 July of each year to 30 June of the next year and whereas the duties applicable in Spain and Portugal are equal to those applied by Member States with respect to the Community as constituted at 31 December 1985; whereas it is necessary therefore to open for the period 1 July 1991 to 30 June 1992 the Community tariff quotas in question at the amounts provided for in the Agreement;
Whereas it is in particular necessary to allow all Community importers equal and uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been used up; whereas it is appropriate to take the necessary measures to ensure efficient Community administration of these tariff quotas while offering the Member States the opportunity to draw from the quota volumes the necessary quantities corresponding to actual imports; whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must, in particular, be able to monitor the rate at which the quotas are being used up and inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning, in particular, the administration of quota shares allocated to that economic union may be carried out by any of its members,
HAS ADOPTED THIS REGULATION: Article 1
1. From 1 July 1991 to 30 June 1992 the customs duties applicable on importation of the following products originating in Austria shall, without prejudice to paragraph 3, be suspended at levels and within the limits of tariff quotas as indicated with respect to each product:
Order
No CN code
(1) Description Volume
of quota
(hl) Quota duty
(%) 09.0803 ex 2204 21 25
ex 2204 21 29
ex 2204 21 35
ex 2204 21 39
ex 2204 21 49 Quality wines presented in containers of a capacity not exceeding two litres 85 000 0 09.0805 ex 2204 10 19
ex 2204 10 90 Sparkling quality wines, and presented in containers of a capacity not exceeding two litres 2 000 0
(1) See Taric codes in the Annex.
2. Within the limits of the tariff quotas referred to in paragraph 1, the Kingdom of Spain and the Portuguese Republic shall apply the same duties as those they apply to similar products of the Community as constituted at 31 December 1985.
3. Admission under the tariff quotas referred to in paragraph 1 shall be reserved to wines accompanied by a document VI 1 or an extract VI 2, completed in accordance with the provisions of Regulation (EEC) No 3590/85 (1).
Document VI 1 must include in Box 15 one of the following endorsements, certified by the competent Austrian organization:
'This is to certify that the wines referred to in this document are quality wines/quality sparkling wines (*) originating in Austria and in conformity with the 1985 Wine Law of the Republic of Austria.
(*) Delete whichever entry is not applicable.'
Furthermore, the wines in question shall remain subject to observance of the free-at-frontier reference price. In order that these wines benefit from the tariff quotas, Article 54 of Regulation (EEC) No 822/87 (2), as last amended by Regulation (EEC) No 3577/90 (3), must be complied with. Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take all appropriate administrative measures in order to ensure effective administration thereof. Article 3
If an importer presents, in a Member State, a declaration of entry into free circulation, including a request for preferential benefit for a product covered by this Regulation and if this declaration is accepted by the customs authorities, the Member State concerned shall draw from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs.
The drawing requests, with indication of the date of acceptance of the said declaration, must be communicated to the Commission without delay.
The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota.
If the quantities requested are greater than the available balance of the quota, allocation shall be made on a pro rata basis with respect to the requests. The Commissin shall inform the Member States of the drawings made. Article 4
Each Member State shall ensure that importers of the products in question have equal and continuous access to the quotas for as long as the balance of the relevant quota volume so permits. Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with. Article 6
This Regulation shall enter into force on 1 July 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 17 June 1991.
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DECISION No 1718/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 November 2006
concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 150(4) and 157(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure referred to in Article 251 of the Treaty (3),
Whereas:
(1)
The European audiovisual sector has a key role to play in the emergence of European citizenship because it is one of the principal vectors for conveying the Union's common and shared fundamental social and cultural values to Europeans and especially young people. Community support is designed to enable the European audiovisual sector to promote intercultural dialogue, increase mutual awareness amongst Europe's cultures and develop its political, cultural, social and economic potential, which constitutes genuine added value in the task of making European citizenship a reality. Such support is intended to enhance competitiveness and, in particular, to increase the market share in Europe of non-national European works.
(2)
It is also necessary to promote active citizenship and to do more to ensure respect for the principle of human dignity, promote equality between men and women and combat all forms of discrimination and exclusion, including racism and xenophobia.
(3)
All actions adopted pursuant to this programme should be compatible with the Charter of Fundamental Rights of the European Union and, in particular, Article 11 thereof on freedom of expression and media pluralism.
(4)
Article 22 of the said Charter states that the Union is to respect cultural and linguistic diversity. It is, therefore, necessary to pay attention to the specific needs of the smaller Member States and those with more than one linguistic area.
(5)
Community support for the audiovisual sector takes into account Article 151 of the Treaty.
(6)
Community support for the audiovisual sector is also in keeping with the new strategic aim defined for the Union by the Lisbon European Council of 23 and 24 March 2000, namely to boost training, employment, economic reform and social cohesion in a knowledge-based economy. In its conclusions, the European Council stated that ‘content industries create added value by exploiting and networking European cultural diversity’. This approach was confirmed in the conclusions of the Brussels European Council of 20 and 21 March 2003.
(7)
Community support for the audiovisual sector is based on the considerable experience acquired in the MEDIA I, MEDIA II, MEDIA Plus and MEDIA - Training programmes (4), which have helped the European audiovisual industry to develop since 1991, as has emerged clearly in the evaluation of these programmes.
(8)
The results obtained showed that Community action should concentrate mainly:
-
upstream of audiovisual production, on the development of European audiovisual works and on the acquisition and improvement of audiovisual skills, the latter needing to be seen as an integral part of the audiovisual pre-production process,
-
downstream of audiovisual production, on distribution, cinema exhibition and promotion of European audiovisual works,
-
on digitisation making a decisive contribution to strengthening the audiovisual sector and on its being a central feature of MEDIA 2007. Support for digital services and European catalogues is one of the programme's priorities in order to overcome the fragmentation of the European audiovisual market.
(9)
The MEDIA programme should encourage authors (scriptwriters and directors) in the creative process and encourage them to develop and adopt new creative techniques which will strengthen the innovative capacity of the European audiovisual sector.
(10)
There is more than one platform of digitisation in the projections of films, depending on different uses, users and needs. Pilot projects of the MEDIA programme are a test ground for future developments in the audiovisual sector.
(11)
The preparatory action ‘Growth and Audiovisual: i2i Audiovisual’, which supplements the MEDIA Plus and MEDIA - Training programmes, marked a further stage in implementing the policy of Community support for the audiovisual sector. It was intended specifically to provide a remedy for the problems of access to funding of small and medium-sized enterprises (SMEs) in this sector. The evaluation of ‘Growth and Audiovisual: i2i Audiovisual’ confirmed that it met the sector's needs and confirmed the need to pursue Community action along these lines but that it should be more closely geared towards the specific needs of the sector.
(12)
The European audiovisual sector is characterised by its considerable potential for growth, innovation and dynamism, by the fragmentation of the market as a function of cultural and linguistic diversity and, consequently, by a large number of SMEs and very small enterprises with chronic undercapitalisation. For the purposes of implementing Community support, the specific nature of the audiovisual sector should be taken into account and it should be ensured that administrative and financial procedures in relation to the amount of support are simplified as far as possible and adapted to the aims pursued and the sector's practices and requirements.
(13)
Throughout the EU one major obstacle to competition is an almost complete lack of companies specialising in providing loan financing in the audiovisual sector.
(14)
The Commission and Member States should review their support for the audiovisual sector, in particular the results of the preparatory action ‘Growth and Audiovisual: i2i Audiovisual’, to establish to what extent future support can simplify the development of specialist offers for SMEs in terms of loan financing.
(15)
Loan finance systems that have been developed in the Member States to promote national audiovisual projects and to mobilise private capital should be examined to see whether such capital could be made available for non-national European projects.
(16)
Increased transparency and dissemination of information concerning the European audiovisual market can make operators in the sector, and especially SMEs, more competitive. This could encourage private investors’ confidence by improving understanding of the industry’s potential. This also makes it easier for Community action to be evaluated and followed up. Participation by the European Union in the European Audiovisual Observatory should help it to achieve these aims.
(17)
In a Community of 25 Member States, cooperation is increasingly becoming a strategic response to strengthen the competitiveness of the European film industry. There is therefore a need for greater support for projects for EU-wide networks at all MEDIA programme levels - training, development, distribution and promotion. This applies in particular to cooperation with players from the Member States which joined the European Union after 30 April 2004. It should be emphasised that any strategy for cooperation between players in the audiovisual sector should comply with the Community's competition law.
(18)
Public support for cinema at European, national, regional or local level is essential to overcome the sector's structural difficulties and allow the European audiovisual industry to meet the challenge of globalisation.
(19)
European Union accession countries and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes in accordance with the agreements concluded with these countries.
(20)
Cooperation between MEDIA and Eurimages needs to be strengthened, but without this leading to integration in financial and administrative matters.
(21)
The European Council in Thessaloniki of 19 and 20 June 2003 adopted ‘The agenda for the Western Balkans: Moving towards European integration’, providing that Community programmes should be open to countries in the process of stabilisation and association on the basis of framework agreements to be signed between the Community and these countries.
(22)
The other European countries which are parties to the Council of Europe Convention on Transfrontier Television are an integral part of the European audiovisual area and should therefore be enabled, if they wish and taking into account budgetary considerations or priorities of their audiovisual industries, to participate in this programme or benefit under a more limited cooperation formula on the basis of supplementary appropriations and specific arrangements in accordance with conditions to be laid down in the agreements between the parties concerned.
(23)
Cooperation with non-European third countries developed on the basis of mutual and balanced interests may create added value for the European audiovisual industry in terms of promotion, market access, distribution, dissemination and exhibition of European works in those countries. Such cooperation should be developed on the basis of supplementary appropriations and specific arrangements to be agreed upon with the parties concerned.
(24)
Suitable measures should be implemented to prevent irregularities and fraud and to recover funds which have been lost or transferred or used improperly.
(25)
This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (5), for the budgetary authority during the annual budgetary procedure.
(26)
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).
(27)
The arrangements for monitoring and evaluating actions should include detailed annual reports as well as specific, measurable, achievable, relevant and time-bound objectives and indicators.
(28)
Provision needs to be made for measures governing the transition from the MEDIA Plus and MEDIA - Training programmes to the programme established by this Decision.
(29)
Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,
HAVE DECIDED AS FOLLOWS:
CHAPTER I
GLOBAL OBJECTIVES AND BUDGET
Article 1
Global objectives and priorities of the programme
1. This Decision establishes a programme for support to the European audiovisual sector, hereinafter referred to as the ‘programme’, for a period from 1 January 2007 to 31 December 2013.
2. The audiovisual sector is an essential vector for conveying and developing European cultural values and for creating highly skilled future-oriented jobs. Its creativity is a positive factor for competitiveness and cultural appeal with the public. The programme is intended to strengthen the audiovisual sector economically to enable it to play its cultural roles more effectively by developing an industry with powerful and diversified content and a valuable and accessible heritage and to add value to national support.
The global objectives of the programme are to:
(a)
preserve and enhance European cultural and linguistic diversity and its cinematographic and audiovisual heritage, guarantee its accessibility to the public and promote intercultural dialogue;
(b)
increase the circulation and viewership of European audiovisual works inside and outside the European Union, including through greater cooperation between players;
(c)
strengthen the competitiveness of the European audiovisual sector in the framework of an open and competitive European market favourable to employment, including by promoting links between audiovisual professionals.
3.
(a)
upstream of audiovisual production: the acquisition and improvement of skills in the audiovisual field and the development of European audiovisual works;
(b)
downstream of audiovisual production: the distribution and promotion of European audiovisual works;
(c)
pilot projects to ensure that the programme adjusts to market developments.
4.
(a)
fostering creativity in the audiovisual sector and knowledge and dissemination of Europe's cinematographic and audiovisual heritage;
(b)
strengthening the structure of the European audiovisual sector, particularly SMEs;
(c)
reducing the imbalances in the European audiovisual market between high audiovisual production capacity countries and countries or regions with low audiovisual production capacity and/or a restricted geographic and linguistic area;
(d)
following and supporting market developments with regard to digitisation, including the promotion of attractive digital catalogues of European films on digital platforms.
Article 2
The financial envelope
1. The financial envelope for implementing this programme for the period set out in Article 1(1) is fixed at EUR 754 950 000. The indicative breakdown of this amount according to areas is reflected in point 1.4 of Chapter II of the Annex.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
CHAPTER II
SPECIFIC OBJECTIVES UPSTREAM OF AUDIOVISUAL PRODUCTION
Article 3
Acquisition and improvement of skills in the audiovisual field
1.
strengthen the skills of European audiovisual professionals in the fields of development, production, distribution/dissemination and promotion, in order to improve the quality and potential of European audiovisual works. The programme shall support notably action in the following areas:
(a)
scriptwriting techniques with the aim of increasing the quality of European audiovisual works and their potential circulation;
(b)
economic, financial and commercial management of production, distribution and promotion of audiovisual works to enable European strategies to be devised right from the development phase;
(c)
inclusion upstream of digital technologies for production, post-production, distribution, marketing and archiving of European audiovisual programmes.
Steps shall also be taken to ensure the participation of professionals and trainers from countries other than those in which training activities supported under point 2(a), (b) and (c) take place;
2.
improve the European dimension of audiovisual training activities by:
(a)
support for the networking and mobility of European training professionals, in particular:
-
European film schools,
-
training institutes,
-
partners in the professional sector;
(b)
training for trainers;
(c)
support for film schools;
(d)
adoption of coordination activities and of promotion of the bodies supported in relation to the activities set out in point 1;
3.
enable, through special scholarships, professionals from the Member States which acceded to the European Union after 30 April 2004 to take part in the training activities set out in point 1.
The measures set out in points 1, 2 and 3 shall be implemented in accordance with the provisions in the Annex.
Article 4
Development
1.
(a)
support the development of production projects intended for the European and international market, submitted by independent production companies;
(b)
support the elaboration of financial plans for companies and projects for European productions, in particular the financing of co-productions.
2. The Commission shall take steps to ensure that the activities supported in the field of improving professional skills and those set out in paragraph 1 complement each other.
3. The measures set out in paragraphs 1 and 2 shall be implemented in accordance with the provisions in the Annex.
CHAPTER III
SPECIFIC OBJECTIVES DOWNSTREAM OF AUDIOVISUAL PRODUCTION
Article 5
Distribution and dissemination
(a)
strengthen European distribution by encouraging distributors to invest in the co-production, acquisition and promotion of non-national European films and to set up coordinated marketing strategies;
(b)
improve the circulation of non-national European films on the European and international markets by incentive measures for export, distribution on any medium and cinema exhibition;
(c)
promote the transnational dissemination of European audiovisual works produced by independent production companies by encouraging cooperation between broadcasters on the one hand and independent producers and distributors on the other;
(d)
encourage the digitisation of European audiovisual works and the development of a competitive digital market place;
(e)
encourage cinemas to exploit the possibilities offered by digital distribution.
The measures set out in points (a) to (e) shall be implemented in accordance with the provisions in the Annex.
Article 6
Promotion
(a)
improve the circulation of European audiovisual works by ensuring that the European audiovisual sector has access to European and international professional markets;
(b)
improve the European and international public's access to European audiovisual works;
(c)
encourage common actions between national film and audiovisual programme promotion organisations;
(d)
encourage the promotion of Europe's cinematographic and audiovisual heritage and the improvement of the public's access to it at both European and international level.
The measures set out in points (a) to (d) shall be implemented in accordance with the provisions in the Annex.
CHAPTER IV
PILOT PROJECTS
Article 7
Pilot projects
1. The programme may support pilot projects to ensure that it adapts to market developments, with a particular emphasis on the introduction and utilisation of information and communication technologies.
2. For the purposes of implementing paragraph 1, the Commission shall be advised by technical advisory groups made up of experts designated by the Member States in response to a proposal by the Commission.
CHAPTER V
ARRANGEMENTS FOR IMPLEMENTING THE PROGRAMME AND FINANCIAL PROVISIONS
Article 8
Provisions concerning third countries
1.
(a)
EFTA States which are members of the EEA, in accordance with the provisions of the EEA agreement;
(b)
accession countries benefiting from a strategy for pre-accession to the European Union in accordance with the general principles and general conditions and arrangements for these countries participating in Community programmes laid down in the framework agreement and the Association Councils' decisions respectively;
(c)
the Western Balkan countries in accordance with arrangements made with these countries following framework agreements to be established governing their participation in Community programmes.
2. The programme shall also be open to the participation of States which are parties to the Council of Europe Convention on Transfrontier Television other than those referred to in paragraph 1, assuming that supplementary appropriations are received in compliance with the conditions to be agreed upon between the parties concerned.
3. Opening up of the programme to European third countries referred to in paragraphs 1 and 2 may be subject to prior examination of the compatibility of their national legislation with Community legislation, including Article 6(5) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (7). This provision does not apply to actions pursuant to Article 3 of this Decision.
4. The programme shall also be open to cooperation with other third countries which have concluded association or cooperation agreements with the European Union incorporating clauses on the audiovisual sector and on the basis of supplementary appropriations and specific arrangements to be agreed upon. Western Balkan countries referred to in paragraph 1 that do not wish to participate fully in the programme may benefit from cooperation with the programme under the conditions provided for in this paragraph.
Article 9
Financial provisions
1. Legal and natural persons may be the beneficiaries of the programme.
Without prejudice to the agreements and conventions to which the Community is a contracting party, enterprises which benefit from the programme shall be owned and shall continue to be owned, whether directly or by majority participation, by Member States and/or Member State nationals.
2. The Commission may decide, depending on the beneficiaries and the type of action, whether they may be exempted from verification of the professional skills and qualifications required to successfully complete an action or programme of work. The Commission may also take into account the type of activity supported, the specific profile of the target public from the audiovisual sector and the objectives of the programme.
3. Depending on the type of action, financial aid may take the form of grants or scholarships or any other instrument authorised by Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002, on the Financial Regulation applicable to the general budget of the European Communities (8). The Commission may also award prizes for the programme's activities or projects. Depending on the nature of the activity, the use of scales of unit costs or flat-rate financing for contributions of no more than the amount mentioned in Article 181 of Commission Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002 (9) may be authorised.
4. The Commission shall adhere to the proportionality principle in respect of administrative and financial requirements, such as eligibility criteria and financial capacity, with regard to the size of the grant awarded.
5. Financial aid awarded under the terms of the programme may not exceed 50 % of the final costs of the operation supported. However, in the cases expressly provided for in the Annex, financial aid may be as high as 75 %. Furthermore, such aid shall be granted whilst ensuring that award procedures are transparent and objective.
6. In keeping with the specific nature of the activities cofunded and in accordance with Article 112(1) of Regulation (EC, Euratom) No 1605/2002, the Commission may deem costs directly linked with implementing the activity supported to be eligible, even if they were partially incurred by the beneficiary before the selection procedure.
7. In accordance with Article 113(1) of Regulation (EC, Euratom) No 1605/2002 and in conjunction with Article 172 of Regulation (EC, Euratom) No 2342/2002, cofunding may be provided either entirely or partly in kind as long as the value of the contribution does not exceed the cost actually borne and duly supported by accounting documents, or the cost generally accepted in the market in question. Premises made available for training or promotional purposes may be included in such contributions.
8. Any sums reimbursed under the programme, those from the MEDIA programmes (1991 to 2006) and sums not used by selected projects shall be allocated to the requirements of the MEDIA 2007 programme.
Article 10
Implementation of this Decision
1. The Commission shall be responsible for implementing the programme in accordance with the provisions laid down in the Annex.
2.
(a)
the general guidelines for all the measures described in the Annex;
(b)
the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;
(c)
questions concerning the annual internal breakdown of the programme resources, including the breakdown between measures in the fields of improving professional skills, development, distribution/dissemination and promotion;
(d)
the arrangements for monitoring and evaluating actions;
(e)
any proposal for the allocation of Community funds in excess of EUR 200 000 per beneficiary and year in the case of training and promotion, EUR 200 000 in the case of development and EUR 300 000 in the case of distribution;
(f)
the choice of pilot projects provided for in Article 7.
3. The measures necessary for the implementation of this Decision relating to any other matters shall be adopted in accordance with the procedure referred to in Article 11(3).
Article 11
Committee procedure
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
3. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
4. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
5. The committee shall adopt its rules of procedure.
Article 12
MEDIA Desks
1. The European network of MEDIA Desks shall act as an implementing body for disseminating information on the programme at national level, in particular for cross-border projects, improving its visibility and stimulating its use, whilst complying with Article 54(2)(c) and (3) of Regulation (EC, Euratom) No 1605/2002 as defined in point 2.2 in Chapter II of the Annex.
2. Cooperation between MEDIA Desks through networks, especially proximity networks, shall be encouraged in order to facilitate exchanges and contacts between professionals, public awareness of key events supported by the programme, as well as prizes and awards.
3.
(a)
have an adequate number of staff, with professional and linguistic capacities appropriate for work in an environment of international cooperation;
(b)
have an appropriate infrastructure, in particular as regards informatics and communications;
(c)
operate in an administrative context which enables them to carry out their tasks satisfactorily and to avoid conflicts of interest.
Article 13
Consistency and complementarity
1. In the implementation of the programme, the Commission shall, in close cooperation with the Member States, ensure general consistency and complementarity with other relevant Community policies, programmes and actions that impinge upon the training and audiovisual fields.
2. The Commission shall also ensure coordination between the programme and other Community programmes in the areas of education, training, research and the information society.
3. The Commission shall ensure effective liaison between this programme and programmes and actions in the training and audiovisual fields being carried out in the framework of Community cooperation with non-member countries and the relevant international organisations, in particular the Council of Europe (Eurimages and the European Audiovisual Observatory, hereinafter referred to as the Observatory).
Article 14
Monitoring and evaluation
1. The Commission shall ensure that the actions covered by this Decision are subject to prior evaluation, monitoring and ex-post evaluation. The results of the process of monitoring and evaluation shall be taken into account in the implementation of the programme.
The Commission shall ensure that the programme is evaluated regularly, externally and independently. In order to evaluate the programme effectively the Commission may compile data in order to survey all activities supported by the programme. This evaluation should take into account the Committee's arrangements for monitoring and evaluation referred to in Article 10(2)(d).
This monitoring process shall comprise drawing up the reports mentioned in paragraph 2(a) and (c) and specific activities.
2. The Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:
(a)
an interim evaluation report on the results and the qualitative and quantitative aspects of implementing the programme no later than three years after the start of the programme;
(b)
a communication on the continuation of the programme no later than four years after the start of the programme;
(c)
a detailed expost evaluation report by 31 December 2015 covering the implementation and results of the programme, on completion of its implementation.
The Commission shall publish and disseminate via the MEDIA Desks any relevant statistics and analyses.
3. Reports produced pursuant to paragraph 2(a) and (c) shall identify the added value of the programme.
Article 15
Transitional provisions
Activities undertaken before 31 December 2006 on the basis of Council Decision 2000/821/EC (10) and Decision No 163/2001/EC of the European Parliament and of the Council (11) shall continue to be managed until they are terminated in compliance with the provisions of those Decisions.
The committee provided for by Article 8 of Decision 2000/821/EC and Article 6 of Decision No 163/2001/EC shall be replaced by the committee provided for under Article 11 of this Decision.
CHAPTER VI
INFORMATION ON THE EUROPEAN AUDIOVISUAL SECTOR AND PARTICIPATION IN THE EUROPEAN AUDIOVISUAL OBSERVATORY
Article 16
Information on the European audiovisual sector
The European Union shall contribute to increased transparency and dissemination of information on the European audiovisual sector.
Article 17
Participation in the European Audiovisual Observatory
For the purposes of implementing Article 16, the European Union shall be a member of the Observatory throughout the programme.
The Commission shall represent the European Union in its dealings with the Observatory.
Article 18
Contribution to meeting the programme's objectives
(a)
by encouraging transparency in the market through an improved comparability of data collected in the different countries and ensuring that operators have access to financial and legal statistics and information, especially on the Member States which have acceded to the European Union after 30 April 2004, thereby enhancing the European audiovisual sector's ability to compete and develop;
(b)
by enabling the programme to be monitored more effectively and making it easier to evaluate.
Article 19
Monitoring and evaluation
Monitoring and evaluation of the European Union's participation in the Observatory shall be carried out within the framework of the monitoring and evaluation of the programme in accordance with Article 14.
CHAPTER VII
ENTRY INTO FORCE
Article 20
Entry into force
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
Done at Strasbourg, 15 November 2006.
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Commission Directive 2001/48/EC
of 28 June 2001
amending the Annexes to Council Directives 86/362/EEC and 90/642/EEC on the fixing of maximum levels for pesticide residues in and on cereals and certain products of plant origin, including fruit and vegetables respectively
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(1), as last amended by Commission Directive 2001/39/EC(2), and in particular Article 10 thereof,
Having regard to Council Directive 90/642/EEC of 27 November1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin including fruit and vegetables(3), as last amended by Directive 2001/39/EC, and in particular Article 7 thereof,
Having regard to Council Directive 91/414/EEC of 15 July 1991 on the placing of plant protection products on the market(4), as last amended by Commission Directive 2001/47/EC(5), and in particular Article 4(1)(f) thereof,
Whereas:
(1) The new active substances, azoxystrobin and kresoxim methyl, were included in Annex I to Directive 91/414/EEC by Commission Directives 98/47/EC(6) and 1999/1/EC(7), respectively, for use as fungicides only, without specifying particular conditions having an impact on crops which may be treated with plant protection products containing these active ingredients.
(2) Maximum residue levels in and on all commodities covered by Directives 86/362/EEC and 90/642/EEC were fixed by Commission Directives 1999/71/EC(8) and 2000/48/EC(9) for azoxystrobin residues, and by Commission Directive 2000/58/EC(10) for kresoxim methyl residues.
(3) In fixing the said maximum residue levels, it was recognised that these levels should be kept under review and should be changed to take account of new information and data. Directives 1999/71/EC, 2000/48/EC and 2000/58/EC acknowledged that national provisional maximum residue levels for other cereals and fruit and vegetables should be fixed by Member States as a part of their authorisation of plant protection products containing azoxystrobin or kresoxim methyl and should be notified to the Commission under the requirements of Article 4(1)(f) to Directive 91/414/EEC. To facilitate this eventuality, some of the levels set in Directives 1999/71/EC and 2000/48/EC and all of the levels set in Directive 2000/58/EC were fixed on a provisional basis, enabling Member States to grant further authorisations for new uses and to notify the Commission under the procedure described by the said Article. This Article provides that where a provisional Community maximum residue level exists and where the new authorised use would lead to higher levels, the authorising Member State shall establish a national provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC before the authorisation may be granted.
(4) To ensure that the consumer is adequately protected from exposure to residues in or on products for which no authorisations have been granted, it was considered prudent, in adopting Directives 1999/71/EC, 2000/48/EC and 2000/58/EC, to set provisional maximum residue levels at the lower level of analytical determination for such products. The setting at Community level of such provisional maximum residue levels is without prejudice to the granting of provisional authorisations by the Member States for uses of azoxystrobin and/or kresoxim methyl on such products in accordance with Article 4(1)(f) of Directive 91/414/EEC.
(5) In order to authorise a plant protection product, Member States must apply the uniform principles provided for in Annex VI to Directive 91/414/EEC in evaluating, in particular, a dossier conforming to the requirements of Annex III to Directive 91/414/EEC, submitted by the applicant for authorisation. Annex III, Part A, section 8 of Directive 91/414/EEC requires applicants to submit certain information including proposed maximum residue levels together with full justification and estimations of the potential and actual exposure through diet and other means. Annex VI, part B, section 2.4.2 and Part C, section 2.5 of Directive 91/414/EEC requires Member States to evaluate the information submitted concerning impact on human or animal health arising from residues and the impact on the environment and to take decisions on authorisations which ensure that residues occurring reflect the minimum quantities of the plant protection product necessary to achieve adequate control corresponding to good agricultural practice, applied in such a manner that the residues at harvest, slaughter or after storage, as appropriate, are reduced to a minimum.
(6) New data has been provided for uses of azoxystrobin on aubergines, peppers, oats, hops, peas (fresh and dry) and for uses of kresoxim methyl on asparagus, strawberries and other small fruits and berries. This new data has been evaluated and it is considered appropriate to revise the provisional maximum residue levels fixed for these products in Directives 1999/71/EC, 2000/48/EC and 2000/58/EC.
(7) At the inclusion in Annex I to Directive 91/414/EEC the technical and scientific evaluation of azoxystrobin has been finalised on 22 April 1998 in the format of the Commission review report for azoxystrobin. In this review report the acceptable daily intake (ADI) for azoxystrobin was set at 0,1 mg/kg bw/day. At the inclusion in Annex I to Directive 91/414/EEC the technical and scientific evaluation of kresoxim methyl has been finalised on 16 October 1998 in the format of the Commission review report for kresoxim methyl. In this review report the acceptable daily intake (ADI) for kresoxim methyl was set at 0,4 mg/kg bw/day. The lifetime exposure of consumers of food products treated with azoxystrobin or kresoxim methyl has been assessed and evaluated in accordance with the procedures and practices used within the European Community, taking account of guidelines published by the World Health Organisation(11) and it has been calculated that the maximum residue levels fixed in this Directive do not give rise to an exceedence of these ADIs.
(8) Acute toxic effects requiring the setting of an acute reference dose were not noted during the evaluation and discussion that preceded the inclusion of azoxystrobin and kresoxim methyl in Annex I to Directive 91/414/EEC.
(9) The Community's trading partners have been consulted about the levels set out in this Directive through the World Trade Organisation and their comments on these levels have been considered. The possibility of fixing import tolerance maximum residue levels for specific pesticide/crop combinations will be examined by the Commission on the basis of the submission of acceptable data.
(10) The advice and recommendations of the Scientific Committee for Plants, in particular concerning the protection of consumers of food products treated with pesticides, have been taken into account.
(11) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In part A of Annex II to Directive 86/362/EEC the following entry shall be added in respect of azoxystrobin:
TABLE "
Article 2
In Annex II to Directive 90/642/EEC the columns headed "azoxystrobin", and "kresoxim methyl" are replaced by those set out in the Annex to this Directive.
Article 3
The provision in Article 3(2) of Directive 2000/42/EC where "The maximum level for residues of acephate on peaches shall be fixed at 0,02(*) mg/kg" shall be applied by the Member States as of 1 December 2001.
Article 4
1. This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
2. Member States shall adopt and publish the legislative, regulatory or administrative measures to comply with this Directive by 28 February 2002 at the latest. They shall forthwith inform the Commission thereof.
3. They shall apply these measures as from 1 March 2002.
4. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 28 June 2001.
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COMMISSION REGULATION (EC) No 970/95 of 28 April 1995 laying down certain additional detailed rules for the application of the supplementary trade mechanism (STM) between Spain and the Community, with the exception of Portugal, as regards certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 3210/89 of 23 October 1989 laying down general rules for applying the supplementary trade mechanism to fresh fruit and vegetables (1), as amended by Regulation (EEC) No 3818/92 (2), and in particular Article 9 thereof,
Whereas Commission Regulation (EEC) No 816/89 (3), as amended by Regulation (EEC) No 3831/92 (4), establishes the list of products subject to the supplementary trade mechanism in the fresh fruit and vegetables sector from 1 January 1990; whereas tomatoes, artichokes, melons, strawberries, apricots and peaches are included in the list;
Whereas Commission Regulation (EEC) No 3944/89 (5), as last amended by Regulation (EEC) No 3308/91 (6), lays down detailed rules for applying the supplementary trade mechanism, hereinafter called the 'STM`, to fresh fruit and vegetables;
Whereas Commission Regulation (EC) No 642/95 (7) lays down that the periods referred to in Article 2 of Regulation (EEC) No 3210/89 shall be up to 30 April 1995 for the above products; whereas in view of last expected exports from Spain to the rest of the Community with the exception of Portugal, and of the Community market situation, a period I should be fixed for melons and for artichokes;
Whereas, on the basis of the abovementioned criteria a period I and II should be determined for tomatoes, for strawberries, for apricots and for peaches until 18 June 1995; whereas indicative ceilings should be determined pursuant to Article 3 of Regulation (EEC) No 3210/89 for very short periods, given the sensitivity of these products;
Whereas it should be stipulated that the provisions of Regulation (EEC) No 3944/89 relating to statistical monitoring, to the use of exit documents for Spanish consignments and to the various communications from the Member States apply in order to ensure that the STM operates;
Whereas the need for accurate information justifies communications on the statistical monitoring of trade at more frequent intervals;
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
1. For melons and artichokes covered by the CN code set out in the Annex, the periods provided for in Article 2 of Regulation (EEC) No 3210/89 shall be as set out in the Annex hereto.
2. For strawberries covered by CN code 0810 10 10, tomatoes covered by CN codes 0702 00 25, 0702 00 30 and 0702 00 35, apricots covered by CN codes 0809 10 10 and 0809 10 20, and peaches covered by CN code ex 0809 30 00:
- the indicative ceilings provided for in Article 83 (1) of the Act of Accession, and - the periods provided for in Article 2 of Regulation (EEC) No 3210/89 shall be as set out in the Annex hereto.
Article 2
1. For consignments of the products referred to in Article 1 from Spain to the rest of the Community market, with the exception of Portugal, Regulation (EEC) No 3944/89, with the exception of Articles 5 and 7 thereof, shall apply.
However, the notification provided for in Article 2 (2) of that Regulation shall be made each Tuesday at the latest in respect of quantities consigned during the preceding week.
2. The notification provided for in the first paragraph of Article 9 of Regulation (EEC) No 3944/89 for products mentioned in Article 1 (2) subject to a period II or to a period III shall be forwarded to the Commission on Tuesday each week at the latest in respect of the preceding week.
During the application of a period I, those notifications shall be made once a month, on the fifth day of each month at the latest in respect of data from the preceding month; where appropriate, that notification shall bear the word 'nil`.
Article 3
This Regulation shall enter into force on 1 May 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 1995.
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COMMISSION REGULATION (EC) No 311/2007
of 19 March 2007
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), and in particular Article 122 thereof,
Whereas:
(1)
Some Member States or their competent authorities have requested amendments to the Annexes to Regulation (EEC) No 574/72.
(2)
The proposed amendments derive from decisions taken by the Member States concerned or their competent authorities designating the authorities which are responsible for ensuring that social security legislation is implemented in accordance with Community law.
(3)
The schemes to be taken into consideration when calculating the average annual cost for benefits in kind, in accordance with Article 94 and Article 95 of Regulation (EEC) No 574/72, are listed in Annex 9 of that Regulation.
(4)
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, Annexes 7, 9 and 10 to Regulation (EEC) No 574/72 are amended in accordance with 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 Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2007.
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COUNCIL REGULATION (EEC) No 3842/92 of 17 December 1992 on the suspension of the import levy on sheepmeat and goatmeat sector products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Community has voluntary restraint agreements with Austria, Romania and Iceland and equivalent unilateral arrangements established by Council Regulation (EEC) No 3643/85 of 19 December 1985 concerning the import arrangements applicable to certain third countries in the sheepmeat and goatmeat sector as from 1986 (1);
Whereas, pursuant to Council Regulations (EEC) No 753/90 of 26 March 1990 suspending the import levy on sheepmeat and goatmeat (2) and (EEC) No 1373/90 of 21 May 1990 suspending the import levy on live sheep and goats (3), the levy on the import of live sheep and goats and sheepmeat and goatmeat from the abovementioned countries in particular has been suspended until 31 December 1992;
Whereas a voluntary restraint agreement was concluded with the Socialist Federal Republic of Yugoslavia in 1981; whereas, while the substance of the Agreement remained unchanged, certain details of the management of the import arrangements laid down were suspended and replaced by Council Regulation (EEC) No 3125/92 of 26 October 1992 on the arrangements applicable to the importation into the Community of sheepmeat and goatmeat products originating in Bosnia-Herzegovina, Croatia, Slovenia, Montenegro, Serbia and the former Yugoslav Republic of Macedonia (4);
Whereas negotiations with Argentina, Australia, Bulgaria, Czechoslovakia, Hungary, New Zealand, Poland and Uruguay have led to the extension of the adjustments to the voluntary restraint agreements until 31 December 1993 and consequently the collection of the levy applicable to those countries is suspended until that date;
Whereas it seems appropriate to extend the above suspension, subject to certai quantitative limits, to all supplier countries;
Whereas the effect of the establishment of the single market from 1 January 1993 should be taken into consideration,
HAS ADOPTED THIS REGULATION:
Article 1
Notwithstanding the voluntary restraint agreements concluded respectively with Austria, Iceland, the Socialist Federal Republic of Yugoslavia and Romania and notwithstanding Regulation (EEC) No 3643/85, the collection of the levy on imports of sheepmeat and goatmeat sector products falling within CN codes 0204, 0104 1030, 0104 1080 and 0104 2090 from Austria, Bosnia-Herzegovina, Croatia, Iceland, the former Yugoslav Republic of Macedonia, Romania, Slovenia and the countries referred to in the said Regulation shall be suspended until 31 December 1993 within the quantitative limits laid down in the abovementioned agreements and the said Regulation respectively.
Article 2
Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 3013/89.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 1992.
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COMMISSION REGULATION (EEC) No 2022/92 of 20 July 1992 on detailed rules of application for the minimum price to be paid to producers for certain tomatoes delivered for processing and repealing Regulation (EEC) No 2036/91
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 1569/92 (2), and in particular Article 4 (4) thereof,
Whereas Regulation (EEC) No 426/86 introduced production aid for products listed in Part A of Annex I thereto obtained from fruit and vegetables harvested in the Community; whereas from the 1992/93 marketing year the minimum price to be paid to growers of tomatoes for production of tomato concentrate and similar products is to vary according to the soluble dry weight content of the fresh tomatoes;
Whereas 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 last amended by Regulation (EEC) No 346/91 (4), stipulated that the production aid for tomato flakes and tomato juice was to be derived from the aid calculated for tomato concentrate; whereas accordingly the minimum price to be paid to the grower for these products must retain an element of proportionality;
Whereas in application of the last subparagraph of Article 4 (1) of Regulation (EEC) No 426/86 the soluble dry weight content of the raw material for which the minimum price can be paid to the producer should be set; whereas the percentage adjustment to be made in the minimum price when the dry weight content is greater or less than the content laid down for payment of the minimum price should also be set; whereas for the purpose of applying this provision fresh tomatoes to be processed and preserved without their skins should be treated in the same way as tomatoes that are to be peeled;
Whereas the soluble dry weight content of the raw material should be determined by refractometry;
Whereas in practice analysis of the soluble dry weight content can only be done by the processor when the raw material is delivered; whereas in order to preserve the grower's right to challenge the analysis Member States must in cases of disagreement make an analysis the result of which will be binding;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. The minimum price mentioned in Article 4 (1) of Regulation (EEC) No 426/86 that is to be paid to the grower for fresh tomatoes used for processing into:
(a) tomato concentrate;
(b) tomato flakes;
(c) tomato juice;
shall be set for fresh tomatoes with a soluble dry weight content between 4,8 and 5,4 %. This minimum price shall be adjusted for each step above or below the limits laid down.
2. The soluble dry weight content shall be determined by the processor, in the grower's presence by refractometry.
In cases of disagreement the content shall be determined by the agency or control commission designated by the Member State. Its findings shall be binding for both parties.
3. Producer Member States shall adopt all necessary provisions, covering in particular:
- appointment of the agency or commission responsible for surveillance and arbitration between parties,
- penalization of failure by contracting parties to comply with the provisions binding on them.
Article 2
Regulation (EEC) No 2036/91 is hereby repealed.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from the beginning of the 1992/93 marketing year. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 July 1992.
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Commission Regulation (EC) No 1419/2002
of 1 August 2002
concerning tenders notified in response to the invitation to tender for the export of rye issued in Regulation (EC) No 900/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 602/2001(4), and in particular Article 7 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of rye to all third countries excluding Estonia, Lithuania and Latvia was opened pursuant to Commission Regulation (EC) No 900/2002(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 26 July to 1 August 2002 in response to the invitation to tender for the refund for the export of rye issued in Regulation (EC) No 900/2002.
Article 2
This Regulation shall enter into force on 2 August 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2002.
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*****
COUNCIL DIRECTIVE
of 25 June 1987
on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community
(87/372/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas recommendation 84/549/EEC (3) calls for the introduction of services on the basis of a common harmonized approach in the field of telecommunications;
Whereas the resources offered by modern telecommunications networks should be utilized to the full for the economic development of the Community;
Whereas mobile radio services are the only means of contacting users on the move and the most efficient means for those users to be connected to public telecommunications networks;
Whereas mobile communications depend on the allocation and availability of frequency bands in order to transmit and receive between fixed-base stations and mobile stations;
Whereas the frequencies and land-based mobile communications systems currently in use in the Community vary widely and do not allow all users on the move in vehicles, boats, trains, or on foot throughout the Community, including on inland or coastal waters, to reap the benefits of European-wide services and European-wide markets;
Whereas the change-over to the second generation cellular digital mobile communications system will provide a unique opportunity of establishing truly pan-European mobile communications;
Whereas the European Conference of Postal and Telecommunications Administrations (CEPT) has recommended that frequencies 890-915 and 935-690 MHz be allocated to such a system, in accordance with the International Telecommunications Union (ITU) Radio Regulations allocating such frequencies to mobile radio services use as well;
Whereas parts of these frequency bands are being used or are intended for use by certain Member States for interim systems and other radio services;
Whereas the progressive availability of the full range of the frequency bands set out above will be indispensable for the establishment of truly pan-European mobile communications;
Whereas the implementation of Council recommendation 87/371/EEC of 25 June 1987 on the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community (4), aiming at starting a pan-European system by 1991 at the latest, will allow the speedy specification of the radio transmission path;
Whereas on the basis of present technological and market trends it would appear to be realistic to envisage the exclusive occupation of the 890-915 and 935-960 MHz frequency bands by the pan-European system within 10 years of 1 January 1991;
Whereas Council Directive 86/361/EEC of 24 July 1986 on the initial stage of the mutual recognition of type approval for telecommunications terminal equipment (5) will allow the rapid establishment of common conformity specifications for the pan-European cellular digital mobile communications system;
Whereas the report on public mobile communications drawn up by the Analysis and Forecasting Group (GAP) for the Senior Officials Group on Telecommunications (SOG-T) has drawn attention to the necessity for the availability of adequate frequencies as a vital pre-condition for pan-European cellular digital mobile comunications;
Whereas favourable opinions on this report have been delivered by the telecommunications administrations, by the European Conference of Postal and Telecommunications Administrations (CEPT) and the telecommunications equipment manufacturers in the Member States,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall ensure that the 905-914 and 950-959 MHz frequency bands or equivalent parts of the bands mentioned in paragraph 2 are reserved exclusively (1) for a public pan-European cellular digital mobile communications service by 1 January 1991.
2. Member States shall ensure that the necessary plans are prepared for the public pan-European cellular digital mobile communications service to be able to occupy the whole of the 890-915 and 935-960 Mhz bands according to commerical demand as quickly as possible.
Article 2
The Commission shall report to the Council on the implementation of the Directive not later than the end of 1996.
Article 3
For the purposes of this Directive, a public pan-European cellular digital land-based mobile communications service shall mean a public cellular radio service provided in each of the Member States to a common specification, which includes the feature that all voice signals are encoded into binary digits prior to radio transmission, and where users provided with a service in one Member State can also gain access to the service in any other Member State.
Article 4
1. Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification (2). They shall forthwith inform the Commission threof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field governed by this Directive.
Article 5
This Directive is addressed to the Member States.
Done at Luxembourg, 25 June 1987.
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COMMISSION DECISION of 3 March 1998 concerning a request for exemption submitted by Germany pursuant to Article 8(2)(c) of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (Only the German text is authentic) (98/209/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by European Parliament and Council Directive 97/27/EC (2), and in particular Article 8(2)(c) thereof,
Whereas the request submitted by Germany on 28 August 1997, which was received by the Commission on 9 October 1997, was accompanied by a report containing the information required by Article 8(2)(c); whereas the request concerns two types of gas discharge lamps for two types of headlamp for one type of motor vehicle;
Whereas the information provided by Germany shows that the technology and principle embodied in these new types of gas discharge lamps and headlamps do not meet the requirements of Community regulations; whereas, however, the descriptions of the tests, the results thereof and the action taken in order to ensure road safety are satisfactory and ensure a level of safety equivalent to that of the lamps and headlamps covered by the requirements of the Directives in force and, in particular, of Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dippedbeam headlamps and to incandescent electric filament lamps for such headlamps (3), as last amended by Commission Directive 89/517/EEC (4);
Whereas these new types of gas discharge lamp and these new types of headlamp meet the requirements of UNECE (United Nations Economic Commission for Europe) Regulation Nos 8, 98 and 99; whereas it is therefore justified to allow the three items covered by the request for exemption, i. e. the types of gas discharge lamps and the types of headlamps fitted with these types of lamps, and the type of motor vehicle, to benefit from the granting of EC type-approval on condition that the type of vehicle concerned is equipped with an automatic headlamp levelling system, a headlamp cleaning device and a system guaranteeing that dipped-beam headlamps are lit even if the main-beam headlamps are lit;
Whereas the Community Directives concerned will be amended in order to enable gas discharge lamps embodying this new technology, headlamps fitted with such lamps and motor vehicles equipped with such headlamps to be placed on the market;
Whereas the measure provided for by this Decision is in accordance with the opinion of the Committee on Adaptation to Technical Progress set up by Directive 70/156/EEC,
HAS ADOPTED THIS DECISION:
Article 1
The request submitted by Germany for an exemption concerning two types of gas discharge lamps for two types of headlamps for one type of motor vehicle is hereby approved on condition that the type of vehicle concerned is equipped with an automatic headlamp levelling system, a headlamp cleaning device and a system guaranteeing that dipped-beam headlamps are lit even if the main-beam headlamps are lit.
Article 2
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 3 March 1998.
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COMMISSION DECISION
of 30 September 2009
on emergency measures applicable to crustaceans imported from India and intended for human consumption or animal feed
(notified under document C(2009) 7388)
(Text with EEA relevance)
(2009/727/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 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)
Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Community and national level. It provides for emergency measures where it is evident that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.
(2)
Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products (2) provides that the production process of animals and primary products of animal origin is to be monitored for the purpose of detecting the presence of certain residues and substances in live animals, their excrements and body fluids and in tissue, animal products, animal feed and drinking water. Article 29 of Directive 96/23/EC requires that guarantees provided by third countries must have an effect at least equivalent to those provided for in this Directive.
(3)
The results of the latest Community inspection visit to India have revealed shortcomings as regards the residue control system in live animals and animal products.
(4)
Despite guarantees provided by India, Member States report to the Commission increased findings of nitrofurans and their metabolites in crustaceans imported from India and intended for human consumption or animal feed. The presence of those substances in food is forbidden by Council Regulation (EEC) No 2377/90 (3) and they present a serious risk for human health.
(5)
These products of animal origin are also used in the manufacturing of feed for aquaculture animals. Nitrofurans or their metabolites are not authorised as feed additive following provisions of Regulation (EC) No 1831/2003 of the European Parliament and of the Council (4). In addition, such products of animal origin which contain nitrofurans used as antibacterial substances are excluded from feed for farmed animals, since they are category 2 animal by-products in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council (5).
(6)
Therefore it is appropriate to adopt, at Community level, certain emergency measures applicable to importations of crustaceans of aquaculture origin from India in order to ensure the effective and uniform protection of human health in all Member States.
(7)
Accordingly, Member States should allow importations of crustaceans of aquaculture origin from India only if it can be shown that they have been subjected to an analytical test at origin to verify that the concentration of nitrofurans or their metabolites are not in excess of the decision limit of the confirmatory analytical method used, in accordance with Commission Decision 2002/657/EC (6).
(8)
However, it is appropriate to authorise the importation of consignments that are not accompanied by the results of the analytical tests at origin, provided that the importing Member State ensures that those are tested on arrival at the Community border and kept under the official control until the results become available.
(9)
This Decision should be reviewed in the light of the guarantees offered by India and on the basis of the results of the analytical tests carried out by the Member States.
(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
This Decision shall apply to consignments of crustaceans of aquaculture origin imported from India and intended for human consumption or animal feed (hereinafter referred to as ‘consignments of crustaceans’).
Article 2
1. Member States shall authorise the importation into the Community of the consignments of crustaceans provided that they are accompanied by the results of an analytical test carried out at origin to ensure that they do not present a danger to human health.
2. The analytical test must be carried out, in particular, with a view to detecting the presence of nitrofurans or their metabolites in conformity with Decision 2002/657/EC.
Article 3
1. By way of derogation from Article 2, Member States shall authorise the importation of consignments of crustaceans that are not accompanied by the results of an analytical test provided that the importing Member State ensures that each consignment undergoes all appropriate checks on arrival at the Community border to ensure that they do not present a danger to human health.
2. The consignments referred to in paragraph 1 shall be detained at the Community border until laboratory tests show that the metabolites of nitrofurans are not present at concentrations in excess of the Community Minimum Required Performance Limit (MRPL) of 1 μg/kg as defined in Decision 2002/657/EC.
Article 4
1. Member States shall immediately inform the Commission if the analytical test referred to in Article 3(2) reveals the presence of metabolites of nitrofurans at concentrations in excess of the decision limit (CC-alpha) of the confirmatory analytical method used, in accordance with Article 6 of Decision 2002/657/EC.
2. If the analytical test reveals the presence of nitrofurans or their metabolites at concentrations in excess of the Community (MRPL) the consignments may not be placed on the market.
3. Member States shall use, for the submission of the information referred to in paragraph 2, the rapid alert system for food and feed set up by Regulation (EC) No 178/2002.
4. Member States shall submit to the Commission every 3 months a report of all the results of the analytical tests. The common reporting format, set out in the Annex to this Decision shall be used.
5. The reports shall be submitted during the month following each quarter (April, July, October, and January).
Article 5
All expenditure incurred in the application of this Decision shall be charged to the consignor, the consignee or the agent of either.
Article 6
Member States shall immediately inform the Commission of the measures they take to comply with this Decision.
Article 7
This Decision shall be reviewed on the basis of the guarantees offered by India, and the results of the analytical tests carried out by the Member States.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 30 September 2009.
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COUNCIL REGULATION (EC) No 1210/2008
of 20 November 2008
amending Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Council Regulation (EC) No 55/2008 (1) (hereinafter ‘the Regulation’) entered into force on 31 January 2008 and is being applied as of 1 March 2008. The Regulation gives all products originating in the Republic of Moldova (hereinafter: ‘Moldova’) free access to the Community markets, except for certain agricultural products listed in Annex I to the Regulation for which limited concessions have been given either in the form of exemption from customs duties within the limit of tariff quotas or of reduction of customs duties.
(2)
The wording of Article 14 of the Regulation created a gap between the application of the generalised system of preferences (hereinafter ‘GSP’) to which Moldova was entitled until the entry into force of Regulation (EC) No 55/2008, and the application of the autonomous trade preferences (hereinafter ‘ATPs’), whereas the intention had been to ensure that the GSP would continue to apply for all eligible exports until the ATPs were introduced. According to Article 14 goods covered by the GSP, which have been exported to the Community between the entry into force of the ATPs and the start of the application of the regime would not be covered by either regime in cases where no purchase contract was made before 31 January 2008 and it could be shown that the goods left Moldova no later than 31 January 2008. To correct this situation the wording in Article 14 should be amended so as to refer to the date of application of the Regulation and not its entry into force.
(3)
In preparing the application of the Regulation (EC) No 55/2008 and the management of the quotas listed in its Annex I, a few inconsistencies between the quota descriptions and the applicable CN codes were detected. In order to correct those errors the word ‘domestic’ should be deleted in the description for quota No 09.0504, the CN code 1001 90 99 should be added to quota No 09.0509 and the description ‘of an actual alcoholic strength by volume not exceeding 15 %’ should be deleted in the description of quota No 09.0514. The proposed corrections do not contradict or change the methodology used to determine the size of the quotas for each product group, which was based on best export performance of the years 2004-2006 with yearly increases corresponding to the potential increases in production and export capacity of Moldova until 2012.
(4)
Regulation (EC) No 55/2008 should therefore be amended accordingly.
(5)
In order to ensure that the measures provided for in this Regulation can be applied without undue delay, it should enter into force on the day following its publication,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 55/2008 is hereby amended as follows:
1.
Article 14 shall be amended as follows:
(a)
Article 14(1), the introductory phrase, the words ‘the entry into force’ shall be replaced by the following: ‘the date of application’;
(b)
Article 14(1)(a), (1)(b), (2)(a), (2)(b), (2)(c) and (2)(d), the words ‘the date of entry into force’ shall be replaced by the following: ‘the date of application’.
2.
Annex I shall be replaced by the text appearing in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 2008.
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COUNCIL REGULATION (EEC) No 884/88 of 22 March 1988 opening and providing for the administration of Community tariff quotas for carrots and aubergines (egg-plants) originating in Cyprus (1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus, as supplemented by the Protocol laying down the conditions and procedures for the implementation of the second stage of the said Agreement and adapting certain provisions thereof (1), provides for the opening of two annual Community tariff quotas, of 2 500 tonnes for carrots falling within CN code ex 0706 10 00 and originating in Cyprus, and 300 tonnes for aubergines (egg-plants) falling within CN code ex 0709 30 00 and originating in Cyprus; whereas, under Article 18 of the Protocol in question, these volumes are subject to an annual increase of 5 % from the entry into force of the Protocol and will therefore be 2 625 tonnes and 315 tonnes respectively in 1988; whereas, within the limits of these tariff quotas, the customs duties applicable are to be abolished progressively according to the same timetables and under the same conditions as laid down in Articles 5 and 16 of the said Protocol;
Whereas, however, the Protocol to the Association Agreement between the European Economic Community and the Republic of Cyprus consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community (2) lays down that those two Member States will postpone implementation of the preferential arrangements for the products in question until 31 December 1989 and 31 December 1990 respectively; whereas, consequently, the above tariff quotas apply only to the Community as constituted on 31 December 1985;
Whereas the Community tariff quotas should therefore be opened for carrots for the period 1 April to 15 May 1988 and for aubergines (egg-plants) for the period 1 October to 30 November 1988;
Whereas it is in particular necessary to ensure that all Community importers enjoy equal and uninterrupted access to the abovementioned quotas and uninterrupted application of the rates laid down for those quotas to all imports of the products concerned into all Member States until the quotas have been used up; whereas, in the present case, it would appear advisable not to allocate the quotas among the Member States, without prejudice to the drawing against the quota volumes of such quantites as they may need, under the conditions and according to the procedures specified in Article 1 (2); whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must, in particular, be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, all transactions concerning the administration of quota shares allocated to that economic union may be carried out by any of its members,
HAS ADOPTED THIS REGULATION:
Article 1 1. The customs duties applicable to imports into the Community as constituted on 31 December 1985 of the following products originating in Cyprus shall be suspended at the levels indicated and within the limits of the Community tariff quotas as shown below:
Order No CN code Description Volume of tariff quota (in tonnes) Rate of duty (%) 0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled: ex 0706 10 00 carrots and turnips: 09.1403 carrots: 2 625 6,1 from 1 April to 15 May 1988 0709 Other vegetables, fresh or chilled: 09.1405 ex 0709 30 00 Aubergines (egg plants): 315 5,8 from 1 October to 30 November 1988 2. If an importer indicates that a consignment of the products in question is to be imported into a Member State and applies to use the quotas, the Member State concerned shall inform the Commission and draw an amount corresponding to the requirements to the extent that the available balance of the quotas so permits.
3. Shares drawn pursuant to paragraph 2 shall be valid until the end of the quota period.
Article 2 1. Member States shall take all appropriate measures to ensure that shares drawn pursuant to Article 1 (2) are opened in such a way that imports may be charged without interruption against their accumulated shares of the Community quotas.
2. Each Member State shall ensure that importers of the products concerned have free access to the quotas for as long as the residual balance of the quota volumes so permits.
3. Member States shall charge imports of the products concerned against their shares as and when the products are entered with customs authorities for free circulation.
4. The extent to which the quotas have been used up shall be determined on the basis of the imports charged in accordance with paragraph 3.
Article 3 At the request of the Commission, Member States shall inform it of imports actually charged against the quotas.
Article 4 Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.
Article 5 This Regulation shall enter into force on 1 April 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 1988.
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COMMISSION REGULATION (EEC) No 546/79 of 22 March 1979 making the importation of embroidered household linen from Singapore and Malaysia subject to production of a certificate of origin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3059/78 of 21 December 1978 on common rules for imports of certain textile products originating in third countries (1), and in particular Article 2 (2) and Article 3 (4) of Annex III thereof,
Whereas the origin of the products of Groups I and II listed in Annex I to Regulation (EEC) No 3059/78 is established by production of a certificate of origin ; whereas for products of Groups III to VI this may be established by a declaration of origin on the invoice or another commercial document relating to the products;
Whereas it has been discovered that irregularities have taken place as regards imports of embroidered household linen (CCT subheading 62.02 B, category 39) from Singapore and Malaysia;
Whereas the Committee on Origin has examined, in accordance with the procedure laid down in the abovementioned Regulation, whether it is desirable to require the production of a certificate in respect of the products and the supplying countries concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Origin,
HAS ADOPTED THIS REGULATION:
Article 1
Imports into the Community of embroidered woven table linen, toilet and kitchen linen other than of cotton terry fabric, falling within subheading ex 62.02 B of the Common Customs Tariff (NIMEXE codes 62.02-41, 43, 47, 65, 73, 77), from Singapore and Malaysia, shall be accompanied by a certificate of origin conforming to the specimen given in Annex VI to Regulation (EEC) No 3059/78.
Article 2
This Regulation shall enter into force on the 45th 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, 22 March 1979.
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COMMISSION REGULATION (EEC) No 2957/93 of 26 October 1993 imposing a provisional anti-dumping duty on certain imports of gas-fuelled, non-refillable pocket flint lighters originating in Thailand
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 (6) thereof,
After consultations within the Advisory Committee as provided for in that Regulation,
Whereas:
A. PROCEDURE (1) On 7 April 1990 the Commission published in the Official Journal of the European Communities (2) a notice of the initiation of an anti-dumping proceeding concerning imports into the Community of gas-fuelled, non-refillable pocket flint lighters, falling within CN code 9613 10 00 originating in Japan, the People's Republic of China, the Republic of Korea and Thailand.
(2) The Commission conducted an examination of dumping and injury. All companies were informed of the essential facts of the results of the investigation and had an opportunity to comment on them. It was established that dumping was taking place, that injury was caused to the Community industry concerned by the dumped imports and that the Community's interests called for the imposition of definitive measures. Consequently, the Council imposed by Regulation (EEC) No 3433/91 (3), a definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea and Thailand. For one Thai producer, Thai Merry Co. Ltd, a dumping margin of 14,1 % was established, and, as the injury threshold for this company exceeded its dumping margin, duties could have been imposed at the level of the dumping margin. However, a price undertaking from this company was accepted by Commission Decision 91/604/EEC (4). The Council accordingly exempted imports of the product concerned produced by Thai Merry Co. Ltd from the definitive anti-dumping duty.
B. WITHDRAWAL OF THE UNDERTAKING (3) Thai Merry Co. Ltd has, by correspondance dated 18 August 1993, withdrawn its undertaking. Accordingly, the exemption from the said anti-dumping duty of the imports of the product concerned produced by Thai Merry Co. Ltd is no longer justified.
The exporter has, according to Article 10 (6) of Regulation (EEC) No 2423/88, been informed of the Commission's intention to apply provisional anti-dumping duties on the basis of the facts established before the acceptance of the undertaking and has been offered the opportunity to comment. No comments relevant to the imposition of provisional duties were received within the time period allowed.
C. COMMUNITY INTEREST (4) The Commission has no reason to believe that the findings concerning Community interest expressed in Regulation (EEC) No 3433/91 warrant amendment. In addition, not imposing provisional duties on Thai Merry Co. Ltd would be discriminatory towards those exporters on which measures are still in force. Since no arguments that such measures would not be in the Community interest have been put forward, it is considered that the Community's interests call for the immediate application of provisional measures.
D. PROVISIONAL DUTIES (5) According to Article 10 (6) of Regulation (EEC) No 2423/88, provisional anti-dumping duties should be applied on the basis of the facts established before the acceptance of the undertaking. The level of the provisional anti-dumping duty should therefore be set at a rate of 14,1 %,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on imports of gas-fuelled, non-refillable pocket flint lighters, falling within CN code ex 9613 10 00 (Taric code 9613 10 00 * 10), originating in Thailand, and produced by Thai Merry Co. Ltd. (Taric additional code: 8740)
2. The rate of the duty shall be 14,1 %, applicable to the net, free-at-Community-frontier price before duty.
3. The entry into free circulation in the Community of the product referred to in paragraph 1 into shall be conditional upon the deposit of security for the amount of the provisional duty.
4. The provisions in force concerning customs duties shall apply.
Article 2
Without prejudice to Article 7 (4) (b) and (c) of Regulation (EEC) No 2423/88, the parties concerned may make known their views in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
Subject to Articles 11, 12 and 13 of Regulation (EEC) No 2423/88, Article 1 of this Regulation shall apply for a period of four months, unless the Council adopts definitive measures bevore the expiry of that period.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 October 1993.
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Commission Regulation (EC) No 723/2003
of 24 April 2003
fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 899/2002
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 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund on exportation of common wheat to all third countries with the exclusion of Poland, Estonia, Lithuania and Latvia was opened pursuant to Commission Regulation (EC) No 899/2002(6), as last amended by Regulation (EC) No 2331/2002(7).
(2) Article 7 of Regulation (EC) No 1501/95 provides that the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.
(3) The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed at the amount specified in Article 1.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 18 to 24 April 2003, pursuant to the invitation to tender issued in Regulation (EC) No 899/2002, the maximum refund on exportation of common wheat shall be EUR 16,00/t.
Article 2
This Regulation shall enter into force on 25 April 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 April 2003.
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Commission Regulation (EC) No 243/2003
of 7 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 3 to 6 February 2003 at 282,00 EUR/t.
Article 2
This Regulation shall enter into force on 8 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 February 2003.
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COUNCIL REGULATION (EEC) No 1454/82 of 18 May 1982 amending Regulation (EEC) No 2731/75 fixing standard qualities for common wheat, rye, barley, maize and durum wheat
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 Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1451/82 (2), and in particular Article 3 (6) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas the maximum quality requirements as regards cereal grains overheated during drying and the percentage of broken grains in barley should be specified and the requisite criteria for the standard quality should be defined ; whereas the result as far as barley is concerned is an adjustment of the percentage of basic cereals of unimpaired quality;
Whereas the provisions concerning grain impurities in durum wheat should be clarified;
Whereas the term "weed seeds" appearing in point 4 (a) of Annex I (A) to Council Regulation (EEC) No 2731/75 (5) implies that all the seeds in question are noxious by definition ; whereas the term "weed seeds" should therefore be replaced by "extraneous seeds" ; whereas a general definition should also be laid down in respect of extraneous seeds, enabling a distinction to be made when cereals are taken into intervention between actually noxious seeds and others;
Whereas the standard method for determining moisture content given in Annex II to Regulation (EEC) No 2731/75 should be brought into line with international recommendations,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2731/75 is hereby amended as follows: 1. Article 1 (c) is hereby amended as follows: - The second indent shall be replaced by the following:
"- percentage of grain impurities : 1 75 % ("grain impurities" means shrivelled grains, grains of other cereals, grains damaged by pests, grains showing discoloration of the germ and grains overheated during drying)."
- In the fourth indent "weed seeds" shall be replaced by "extraneous seeds".
2. Article 2 (c) is hereby amended as follows: - The second indent shall be replaced by the following:
"- percentage of grain impurities : 1 75 % ("grain impurities" means shrivelled grains, grains of other cereals, grains damaged by pests and grains overheated during drying)."
- In the fourth indent "weed seeds" shall be replaced by "extraneous seeds".
3. Article 3 (c) shall be replaced by the following:
"(c) total percentage of matter other than basic cereals of unimpaired quality : 6 % of which: - percentage of broken grains : 2 %, (1) OJ No L 281, 1.11.1975, p. 1. (2) See page 1 of this Official Journal. (3) OJ No C 104, 26.4.1982, p. 25. (4) OJ No C 114, 6.5.1982, p. 1. (5) OJ No L 281, 1.11.1975, p. 22.
- percentage of grain impurities : 2 %, ("grain impurities" means shrivelled grains, grains of other cereals, grains damaged by pests and grains overheated during drying),
- percentage of sprouted grains : 1 %,
- percentage of miscellaneous impurities : 1 % ("miscellaneous impurities" consist of extraneous seeds, damaged grains, extraneous matter, husk, dead insects and fragments of insects)."
4. Article 4 (c) is hereby amended as follows: - The second indent shall be replaced by the following:
"- percentage of grain impurities : 4 % ("grain impurities" means grains of other cereals, grains damaged by pests, grains overheated during drying and grains of abnormal coloration, the latter being grains which have acquired through heating a darkish brown colour on a fairly substantial part of the tegument and of the kernel and are not damaged grains)."
- In the fourth indent "weed seeds" shall be replaced by "extraneous seeds".
5. Article 5 (b) is hereby amended as follows: - The third indent shall be replaced by the following:
"- percentage of grain impurities : 1 75 % ("grain impurities" means shrivelled grains, grains of cereals other than common wheat, grains damaged by pests, grains in which the germ is discoloured ; mottled grains and grains overheated during drying)."
- In the fifth indent "weed seeds" shall be replaced by "extraneous seeds".
6. Point 2 (b) of Annex I (A) shall be replaced by the following:
"(b) Other cereals:
"Other cereals" means all grains which do not belong to the species of grain sampled. Since up to 4 % of common wheat grains are allowed in the percentage of durum wheat grains which have lost their vitreous aspect (mitadiné.) common wheat grains do not count as "other cereals" in a sample of durum wheat."
7. The following shall be added to Annex I (A) (2):
"(e) "Grains overheated during drying" are grains which show external signs of scorching but which are not damaged grains."
8. Point 4 (a) of Annex I (A) shall be replaced by the following:
"(a) Extraneous seeds:
"Extraneous seeds" are seeds of plants, whether or not cultivated, other than cereals. They include seeds not worth recovering, seeds which can be used for livestock and noxious seeds.
"Noxious seeds" means seeds which are toxic to humans and animals, seeds hampering or complicating the cleaning and milling of cereals and seeds affecting the quality of products processed from cereals."
9. Point 4 (b), second subparagraph of Annex I (A), shall be replaced by the following:
"Grains which have deteriorated through spontaneous generation of heat or by too extreme drying also belong to this group ; these grains are fully grown grains in which the tegument is coloured greyish brown to black, while the cross-section of the kernel is coloured yellowish grey to brownish black."
10. Annex II shall be replaced by the text appearing in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 August 1982.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 May 1982.
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Commission Decision
of 17 July 2002
on the State aid which Italy is planning to implement for ILVA SpA
(notified under document number C(2002) 2595)
(Only the Italian text is authentic)
(Text with EEA relevance)
(2003/107/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 4(c) thereof,
Having regard to Commission Decision No 2496/96/ECSC of 18 December 1996 establishing Community rules for State aid to the steel industry(1), and in particular Article 6(5) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
Having called on interested parties to submit their comments pursuant to the provisions cited above(2) and having regard to their comments,
Whereas:
I. PROCEDURE
(1) By letter dated 20 December 2001, registered as received on 21 December, Italy notified the Commission of planned aid for investments to be carried out by ILVA SpA at its Taranto plant.
(2) By letter dated 18 February 2002, the Commission informed Italy that it had decided to initiate the procedure laid down in Article 6(5) of Commission Decision No 2496/96/ECSC (hereinafter referred to as "the Steel Aid Code") in respect of the aid.
(3) The Commission decision to initiate the procedure was published in the Official Journal of the European Communities(3). The Commission invited interested parties to submit their comments on the aid.
(4) By letter dated 12 April 2002, registered as received on 17 April, Italy informed the Commission that, in view of the deadline of 22 July imposed by the Steel Aid Code for payment of the aid, ILVA SpA had waived the second and third instalments of the aid. It also informed the Commission that the company had decided that five of the 13 projects included in the original notification would not be carried out and that therefore no aid would be granted for them. The projects were described in paragraphs 8, 9, 13, 14 and 16 of the Decision to initiate proceedings. In the same letter, Italy submitted additional information on the remaining projects.
(5) By letter dated 18 April 2002, the United Kingdom Steel Association submitted comments on the aid. The Commission forwarded them to Italy, which was given the opportunity to react. Its comments were received by letter dated 22 May 2002.
II. DETAILED DESCRIPTION OF THE AID
(6) ILVA SpA is a producer of steel belonging to the Riva Group.
(7) The aid is granted by the Ministry of Industry and Trade under Law No 488/92 for aid in depressed areas ("Converting and amending Decree Law No 415 of 22 October 1992 amending Law No 64 of 1 March 1986 containing an organic framework for extraordinary aid to the Mezzogiorno and rules for subsidising production activities"). The aid was approved on 9 April 2001, subject to authorisation by the Commission.
(8) Following the partial withdrawal of the notification referred to in recital 4, the costs considered eligible for aid by the Italian authorities amount to EUR 20225000. The aid granted under Law No 488/92 is calculated not on the basis of a fixed percentage of eligible costs but on the basis of a percentage expressed as the net grant equivalent (nge) within the limits of the maximum aid approved by the Commission for the aid scheme in question, according to the size of the firm and the location of the production unit. In the specific case of ILVA SpA, the percentage approved by Italy was 12,25 % nge, corresponding to EUR 3034000 to be paid in three instalments. However, because the company has waived the last two instalments, only one instalment will be paid. Therefore, the actual aid will amount to EUR 980000 and will concern the following projects.
(9) Treatment of by-products in the coking plant; refurbishment of the three existing lines for the absorption of ammonia and the refrigeration of coking gas: these lines were completely renovated in 1991. Their remaining useful life at the time of the investment is more than 15 years. The total cost relates to necessary equipment and amounts to EUR 3100000. Of this amount, EUR 800000 has been considered as maintenance costs. The eligible costs amount therefore to EUR 2300000.
(10) Replacement of the existing dust filtration system, which uses cyclones or electrostatic precipitators, by a new system that uses fabric: the statutory maximum level of emissions is 100 mg/Nmc. With this system, the level of dust in the smoke will fall from 50 mg/Nmc to 30 mg/Nmc, i.e. a reduction of 40 %. The existing system dates from the early 1970s and its remaining useful life at the time of the investment is 15 years. The eligible costs relate to necessary equipment and amount to EUR 1292000.
(11) Installation of a system for monitoring the emissions of the coke ovens and sintering plant: this is required by the regional authorities. The cost of the equipment amounts to EUR 1033000.
(12) Installation of a conveyor belt for the transportation of mineral to the homogenisation plant: this system will replace the transportation by lorry currently used. Dust emissions will be eliminated. The total cost of the project amounts to EUR 4700000. According to the Italian authorities, this investment will result in cost savings of EUR 312000 per year. They have deducted EUR 2500000 as cost savings over 10 years. Costs considered eligible by the Italian authorities amount therefore to EUR 2200000.
(13) Installation of a new additional system for the regeneration of hydrochloric acid (Ruthner plant): this system (closed-circuit) will be added to the existing one which dates from 1978 and its remaining useful life at the time of the investment is 10 years. The statutory maximum level of emissions is 60 mg/Nmc. The concentration of hydrochloric acid in the smoke will fall from 55 mg/Nmc to 22 mg/NMC. Moreover, since it is a closed-circuit system, the pollutants contained in the water will no longer pass into the sewage. The cost of the equipment amounts to EUR 1550000.
(14) Improvement of the dust removal system for secondary emissions in blast furnace No 1: this installation dates from 1988 and its remaining useful life at the time of the investment is 12 years. The statutory maximum level of emissions is 100 mg/Nmc. The dust concentration will fall from 50 mg/Nmc to 30 mg/Nmc. The cost of the equipment amounts to EUR 1550000, from which EUR 500000 has been deducted for costs not directly relating to environmental protection. Eligible costs amount therefore to EUR 1050000.
(15) Extension of landfill for special waste by 300000 m2: the waste is currently transported to special landfills outside the company's premises. This investment would eliminate the risks inherent in transporting the waste. According to the Italian authorities, this investment will reduce the costs of transporting and discharging the waste from EUR 70 per tonne/year to EUR 15 per tonne/year. The capacity of this extension is 60000 tonnes per year. The investment amounts to EUR 1290000.
(16) Replacement of 350 PCB electric transformers with new transformers cooled using air or mineral oil: under Italian law, PCB transformers must be dismantled by 2010. These transformers were installed in the 1960s and 1970s. Their remaining useful life is over 20 years. No cost savings are generated by this investment. The investment amounts to EUR 9510000.
III. COMMENTS BY INTERESTED PARTIES
(17) The United Kingdom Steel Association expressed doubts about the environmental purpose of the investments referred to in recitals 11, 13 and 15. With respect to the investments referred to in recitals 10 and 16, it asked the Commission to ensure that they were not being undertaken simply because the existing equipment had reached the end of its normal life. With respect to the investments referred to in recitals 9, 12, 14 and 16, it considered that these are likely to result in cost savings that should be deducted from the eligible costs.
IV. COMMENTS BY ITALY
(18) Since the Commission's doubts arose mainly from the lack of information contained in the notification, the Italian authorities simply provided the missing information.
V. ASSESSMENT OF THE AID
(19) ILVA SpA manufactures products listed in Annex I to the ECSC Treaty. It is therefore an undertaking within the meaning of Article 80 of that Treaty to which the Steel Aid Code applies.
(20) Article 3 of the Steel Aid Code stipulates that steel companies may receive aid for environmental investments. The criteria for assessing whether such aid is compatible with the common market are set out in the Annex to the Steel Aid Code and in the Community guidelines on State aid for environmental protection(4) (hereinafter "the 1994 environmental guidelines").
(21) According to the 1994 environmental guidelines, aid ostensibly intended for environmental protection measures but which, in fact, is aid for general investment is not covered by the guidelines. The eligible costs must be strictly confined to the extra investment costs necessary to meet environmental objectives(5). Also according to these guidelines, aid to help firms adapt to new mandatory standards plant that has been in operation for at least two years can be authorised up to the level of 15 % gross of the eligible costs (point A, first paragraph) and aid for investment which will allow the firm to improve on mandatory standards or which is undertaken in the absence of standards may be authorised up to 30 % gross of the eligible costs (point B, first paragraph).
(22) According to the Annex to the Steel Aid Code, the Commission will analyse the economic and environmental background to a decision to opt for replacement of existing plant or equipment. In principle, a decision to undertake new investment which would have been necessary in any event on economic grounds or on account of the age of the existing plant or equipment (remaining useful life of less than 25 %) will not be eligible for aid. Furthermore, any advantage in terms of lower production costs will be deducted.
(23) With respect to the replacement investments referred to in recitals 10, 13, 14 and 16, given in particular that they will not affect the production installations and that their remaining useful life is more than 25 %, the Commission considers that they are environmental investments.
(24) With respect to the investment relating to the treatment of by-products in the coking line (see recital 9), given that the gases will be reintegrated within the network and reused by the company, the Commission considers that this may be the main purpose of the investment. The Italian authorities claim that there are no cost savings generated by this investment. This contradicts, however, their statement that emissions will be reduced in quantity and in quality by 20 % (for which, moreover, they have not provided evidence). The Commission cannot therefore conclude that the investment will significantly improve on environmental protection, as required by the 1994 environmental guidelines. Moreover, no cost savings have been deducted from the eligible costs. In these circumstances, the Commission's doubts as to whether the investment is eligible for environmental aid have not been allayed.
(25) With respect to the investment concerning the installation of a conveyor belt (see recital 12), given the cost savings generated and the limited impact in terms of environmental protection, the Commission considers that it has been undertaken for economic reasons and that it is not, therefore, eligible for aid. In any case, even deducting the cost savings generated would lead to the same conclusion, i.e. non-eligibility for aid.
(26) With respect to the investment concerning the extension of the landfill for special waste (see recital 15), the Commission notes that it will not lead to a reduction in pollution but rather to a reduction in the costs of dealing with the waste. Indeed, the cost reductions will compensate amply for the investment. In these circumstances, the Commission considers that this investment is undertaken more for economic reasons and that it is not, therefore, eligible for aid. In any case, even deducting the cost savings generated would lead to the same conclusion, i.e. non-eligibility for aid.
(27) With respect to the investment concerning the installation of a system for monitoring the emissions of the coke ovens and sintering plant (see recital 11), the Commission notes that, although it is intended to comply with the legal obligations imposed by the regional authorities, it is equipment intended not to reduce or eliminate pollution and nuisances or to adapt production methods (as required by point 3.2.1. of the 1994 environmental guidelines) but merely to measure actual pollution levels. In these circumstances, the investment is not eligible for environmental aid.
(28) With respect to the investment concerning the replacement of electric transformers (see recital 16), the Commission notes that the new equipment is intended to comply with new legal obligations and that it will reduce or eliminate pollution. Therefore, according to point 3.2.A of the 1994 environmental guidelines, the maximum aid for this investment is 15 % gross of the eligible costs, i.e. EUR 1426500.
(29) With respect to the investments described in recitals 10, 13 and 14, the Commission notes that they will allow for significantly higher levels of environmental protection and that the cost savings generated by them have been deducted. According to point 3.2.B of the 1994 environmental guidelines, the maximum aid for these investments is 30 % gross of the eligible costs, i.e. EUR 1167600.
(30) The Table below gives a summary of the eligible costs and of the maximum aid allowed under the 1994 environmental guidelines:
TABLE
(31) In these circumstances, given that the aid will consist only of the first instalment of the approved aid, i.e. EUR 980000 (see recital 8), the aid intensity is in conformity with the Steel Aid Code.
VI. CONCLUSION
(32) In view of the foregoing, the State aid amounting to EUR 980000 that Italy intends to grant to ILVA SpA under Law No 488/92 for the projects referred to in recital 30 is compatible with the common market. With respect to the rest of the notified aid, in view of the withdrawal of the notification (see recital 4), the procedure initiated on 18 February 2002 is closed,
HAS ADOPTED THIS DECISION:
Article 1
The State aid amounting to EUR 980000 which Italy plans to implement under Law No 488/92 for ILVA SpA in respect of projects to be carried out at its Taranto plant is compatible with the common market.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 17 July 2002.
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Commission Decision
of 14 November 2001
approving the Single Programming Document for Community structural assistance under Objective 2 in the region of Emilia-Romagna in Italy
(notified under document number C(2001) 2797)
(Only the Italian text is authentic)
(2002/569/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Article 15(5) thereof,
After consulting the Committee on the Development and Conversion of Regions,
Whereas:
(1) Articles 13 et seq. of Title II of Regulation (EC) No 1260/1999 lay down the procedure for preparing and implementing Single Programming Documents.
(2) Article 15(1) and (2) of Regulation (EC) No 1260/1999 provides that, after consultation with the partners referred to in Article 8 of the Regulation, the Member State may submit to the Commission a development plan which is treated as a draft Single Programming Document, and which contains the information referred to in Article 16 of the Regulation.
(3) Under Article 15(5) of Regulation (EC) No 1260/1999, on the basis of the regional development plan submitted by the Member State and within the partnership established in accordance with Article 8 of that Regulation, the Commission is to take a decision on the Single Programming Document, in agreement with the Member State concerned and in accordance with the procedures laid down in Articles 48 to 51.
(4) The Italian Government submitted to the Commission on 27 November 2000 an acceptable draft Single Programming Document for the region of Emilia-Romagna fulfilling the conditions for Objective 2 pursuant to Article 4(1) and qualifying for transitional support under Objectives 2 and 5(b) pursuant to Article 6(2) of Regulation (EC) No 1260/1999. The plan includes the information listed in Article 16 of Regulation (EC) No 1260/1999, in particular a description of the priorities selected and an indication of the financial contribution from the European Regional Development Fund (ERDF) and the other financial instruments proposed for implementing the plan.
(5) The date of submission of the draft which was considered acceptable by the Commission constitutes the date from which expenditure under the plan is eligible. Under Article 30 of Regulation (EC) No 1260/1999, it is necessary to lay down the final date for the eligibility of expenditure.
(6) The Single Programming Document has been drawn up in agreement with the Member State concerned and within the partnership.
(7) The Commission has satisfied itself that the Single Programming Document is in accordance with the principle of additionality.
(8) Under Article 10 of Regulation (EC) No 1260/1999, the Commission and the Member State are required to ensure, in a manner consistent with the principle of partnership, coordination between assistance from the Funds and from the EIB and other existing financial instruments.
(9) The financial contribution from the Community available over the entire period and its year-by-year breakdown are expressed in euro. The annual breakdown should be consistent with the relevant financial perspective. Under Article 7(7) of Regulation (EC) No 1260/1999, the Community contribution has already been indexed at a rate of 2 % per year. Under Article 7(7) and Article 44(2) of the Regulation, the Community contribution may be reviewed at mid-term, and not later than 31 March 2004, to take account of the effective level of inflation and the allocation of the performance reserve.
(10) Provision should be made for adapting the financial allocations of the priorities of this Single Programming Document within certain limits to actual requirements reflected by the pattern of implementation on the ground, in agreement with the Member State concerned,
HAS ADOPTED THIS DECISION:
Article 1
The Single Programming Document for Community structural assistance in the region of Emilia-Romagna in Italy eligible under Objective 2 and qualifying for transitional support under Objectives 2 and 5(b) for the period 1 January 2000 to 31 December 2006 is hereby approved.
Article 2
1. In accordance with Article 19 of Regulation (EC) No 1260/1999, the Single Programming Document includes the following elements:
(a) the strategy and priorities for the joint action of the Structural Funds and the Member State; their specific quantified targets; the ex ante evaluation of the expected impact, including on the environmental situation, and the consistency of the priorities with the economic, social and regional policies and the employment strategy of Italy. The priorities are as follows:
- support for firms;
- negotiated programming for local development;
- technical assistance;
(b) a summary description of the measures planned to implement the priorities, including the information needed to check compliance with the State aid rules under Article 87 of the Treaty;
(c) the indicative financing plan specifying for each priority and each year the financial allocation envisaged for the contribution from each Fund, where relevant from the EIB, and from the other financial instruments, including, for information, the total amount from the EAGGF Guarantee Section and indicating separately the funding planned for the regions receiving transitional support in respect of Objectives 2 and 5(b) and the total amounts of eligible public or equivalent expenditure and estimated private funding in the Member State. The total contribution from the Funds planned for each year for the Single Programming Document is consistent with the relevant financial perspective;
(d) the provisions for implementing the Single Programming Document including designation of the managing authority, a description of the arrangements for managing the Single Programming Document, a description of the systems for monitoring and evaluation, including the role of the Monitoring Committee and the arrangements for the participation of the partners in that Committee;
(e) the ex ante verification of compliance with additionality and information on the transparency of financial flows.
2. The indicative financing plan puts the total cost of the priorities selected for the joint action by the Community and the Member State at EUR 252365061 for the whole period and the financial contribution from the Structural Funds at EUR 122700015.
The resulting requirement for national resources of EUR 122700015 from the public sector and EUR 6965031 from the private sector can be partly met by Community loans from the European Investment Bank and other lending instruments.
Article 3
1. The total assistance from the Structural Funds granted under the Single Programming Document amounts to EUR 122700015. The procedure for granting the financial assistance, including the financial contribution from the Funds for the various priorities included in the Single Programming Document, is set out in the financing plan annexed to this Decision.
2. The total Community assistance available is as follows:
- ERDF: EUR 122700015.
3. During implementation of the financing plan, the total cost or Community financing of a given priority may be adjusted in agreement with the Member State by up to 25 % of the total Community contribution to the Single Programming Document throughout the programme period, or by up to EUR 30 million, without altering the total Community contribution referred to in paragraph 1.
Article 4
This Decision is without prejudice to the Commission's position on aid schemes falling within Article 87(1) of the Treaty that are included in this assistance and which it has not yet approved. Submission of the application for assistance, the programme complement or a request for payment by the Member State does not replace the notification required by Article 88(3) of the Treaty.
Community financing of State aid falling within Article 87(1) of the Treaty, granted under aid schemes or in individual cases, requires prior approval by the Commission under Article 88 of the Treaty, except where the aid falls under the de minimis rule or is exempted under an exemption regulation adopted by the Commission under Council Regulation (EC) No 994/98 on the application of Articles 87 and 88 to certain categories of horizontal State aid(2). In the absence of such exemption or approval, aid is illegal and subject to the consequences set out in the procedural regulation for State aid, and its part-financing would be treated as an irregularity within the meaning of Articles 38 and 39 of Regulation (EC) No 1260/1999.
Consequently, the Commission will not accept requests for interim and final payments under Article 32 of the Regulation for measures being part-financed with new or altered aid, as defined in the procedural regulation for State aid, granted under aid schemes or in individual cases, until such aid has been notified to and formally approved by the Commission.
Article 5
The date from which expenditure shall be eligible is 27 November 2000. The closing date for the eligibility of expenditure shall be 31 December 2008. This date is extended to 30 April 2009 for expenditure incurred by bodies granting assistance under Article 9(l) of Regulation (EC) No 1260/1999. The closing date for the eligibility of expenditure in the areas receiving transitional support shall be 31 December 2007.
Article 6
This Decision is addressed to the Italian Republic.
Done at Brussels, 14 November 2001.
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COUNCIL REGULATION (EC) No 1488/96 of 23 July 1996 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas the European Council at its meetings in Lisbon, Corfu and Essen stressed that the Mediterranean constitutes a priority area for the European Union and adopted the aim of establishing a Euro-Mediterranean partnership;
Whereas the Cannes European Council meeting on 26 and 27 June 1995 reaffirmed the strategic importance it attached to adding a new dimension to the European Union's relations with its Mediterranean partners by building on the Council report of 12 June 1995 prepared on the basis, in particular, of the Commission communications of 19 October 1994 and 8 March 1995 on strengthening the Mediterranean policy of the European Union;
Whereas it is necessary to pursue efforts to ensure that the Mediterranean becomes an area of political stability and security and whereas the Community's Mediterranean policy must play a part in achieving the general objective of respect of human rights and fundamental freedoms and of the promotion of good-neighbourly relations, while respecting international law and the territorial integrity and external frontiers of the Member States and Mediterranean non-member countries;
Whereas the ultimate establishment of a Euro-Mediterranean free-trade area is likely to foster stability and prosperity in the Mediterranean region;
Whereas for the Mediterranean partners the establishment of a free-trade area may involve profound structural reforms;
Whereas it is therefore necessary to support the efforts that have been or will be undertaken by the Mediterranean partners to reform their economic, social and administrative structures;
Whereas the dialogue between cultures and between civil societies should be developed, notably by encouraging training activities, development and decentralized cooperation;
Whereas intensified regional cooperation and in particular the development of economic links and trade flows between Mediterranean territories and partners which are conducive to reform and economic restructuring should be encouraged;
Whereas the bilateral protocols on financial and technical cooperation concluded by the Community with Mediterranean partners provided a useful initial basis for cooperation; whereas it is now necessary to build on the experience which has been acquired and to embark on a new stage of relations, in the framework of partnership;
Whereas rules for the administration of such partnership have to be determined, while ensuring the transparency and overall consistency of action undertaken using budget appropriations;
Whereas to this end this Regulation will apply to the range of measures which came under Council Regulation (EEC) No 1762/92 of 29 June 1992 on the implementation of the protocols on financial and technical cooperation concluded by the Community with Mediterranean non-member countries (3) and Council Regulation (EEC) No 1763/92 of 29 June 1992 concerning financial cooperation in respect of all Mediterranean non-member countries (4) for measures whose scope extended beyond the scope of a single country;
Whereas, therefore, this Regulation replaces the abovementioned Regulations as from 1 January 1997, while it is, however, necessary to maintain Regulation (EEC) No 1762/92 in force for the management of financial protocols still applicable at that date and for the commitment of funds remaining under the expired financial protocols;
Whereas a financial reference amount, within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995, is included in this Regulation for the period 1995 to 1999, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;
Whereas in respect of environmental projects the loans granted by the European Investment Bank, hereinafter referred to as 'the Bank`, from its own resources under conditions laid down by it, in accordance with its Statute, may receive an interest-rate subsidy;
Whereas in loan operations involving interest-rate subsidies, the granting of a loan by the Bank from its own resources and the granting of an interest-rate subsidy financed by the budgetary resources of the Community must be linked and are conditional on each other; whereas the Bank may, in accordance with its Statute and in particular by a unanimous decision of its Board of Directors in the presence of an unfavourable opinion by the Commission, decide to grant a loan from its own resources, subject to granting of the interest-rate subsidy; whereas, on account of this aspect, it is necessary to ensure that the procedure adopted for granting interest-rate subsidies results in every case in an express decision, whether to grant the subsidy or to refuse it, where appropriate;
Whereas it is necessary to make provision for a Committee composed of representatives of the Member States to assist the Bank in the tasks attributed to it to implement this Regulation;
Whereas to ensure effective management of the measures provided for in this Regulation and to facilitate relations with the beneficiary countries a multiannual approach is required;
Whereas the measures under this Regulation go beyond the framework of development assistance and are intended to apply to countries only in part classifiable as developing countries; whereas, therefore, this Regulation cannot be adopted other than on the basis of the powers provided for in Article 235 of the Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Community shall implement measures in the framework of the principles and priorities of the Euro-Mediterranean partnership to support the efforts that Mediterranean non-member countries and territories listed in Annex I (hereinafter referred to as 'Mediterranean partners`) will undertake to reform their economic and social structures and mitigate any social or environmental consequences which may result from economic development.
2. The beneficiaries of support measures may include not only States and regions but also local authorities, regional organizations, public agencies, local or traditional communities, organizations supporting business, private operators, cooperatives, mutual societies, associations, foundations and non-governmental organizations.
3. The financial reference amount for the implementation of this programme for the period 1995 to 1999 shall be ECU 3 424,5 million.
The annual appropriations shall be authorized by the budgetary authority within the limits of the financial perspective.
Article 2
1. The purpose of this Regulation is to contribute, through the measures provided for in paragraph 2, to initiatives of joint interest in the three sectors of the Euro-Mediterranean partnership: the reinforcement of political stability and of democracy, the creation of a Euro-Mediterranean free-trade area, and the development of economic and social cooperation, taking due account of the human and cultural dimension.
2. These support measures shall be implemented taking account of the objective of achieving long-term stability and prosperity, in particular in the fields of economic transition, sustainable economic and social development and regional and cross-border cooperation. The objectives and details of the relevant procedures shall be as set out in Annex II.
Article 3
This Regulation is based on respect for democratic principles and the rule of law and also for human rights and fundamental freedoms, which constitute an essential element thereof, the violation of which element will justify the adoption of appropriate measures.
Article 4
1. The Commission shall, in agreement with the Member States and on the basis of a reciprocal and regular exchange of information, including exchange of information on the spot, especially with regard to the indicative programmes and projects, ensure the effective coordination of the assistance efforts undertaken by the Community and individual Member States, in order to increase the coherence and complementarity of their cooperation programmes. In addition, the Commission shall promote coordination and cooperation with international financial institutions, the United Nations cooperation programmes and other donors.
2. The measures referred to in this Regulation may be adopted by the Community either independently or in the form of co-financing with the Mediterranean partners themselves or with public or private bodies of the Member States and the Bank, on the one hand, or multilateral bodies or third countries, on the other.
Article 5
1. Measures to be financed under this Regulation shall be selected taking account, inter alia, of the beneficiaries' priorities, evolving needs, absorption capacity and progress towards structural reform.
Selection shall also be based on an assessment of the effectiveness of those measures in achieving the objectives aimed at by Community support, in line, where appropriate, with the provisions of Association or Cooperation Agreements.
2. Indicative programmes covering three-year periods shall be established, in liaison with the Bank, at national and regional level. They shall take into account the priorities identified with the Mediterranean partners, including the conclusions of the economic dialogue. They shall be updated annually, as necessary.
The programmes shall define the main objectives of, the guidelines for and the priority sectors of Community support in the areas referred to in Section II of Annex II, together with factors for the evaluation of the programmes. The programmes shall include indicative amounts (overall and by priority sector) and list the criteria for funding the programme concerned, taking account of the need to allow for an appropriate reserve for implementation of the MEDA heading.
The programmes may be amended taking into account experience acquired, the progress achieved by the Mediterranean partners in structural reform, macroeconomic stabilization and social progress as well as the results of economic cooperation under the new Association Agreements.
3. Financing decisions shall be based chiefly on the indicative programmes.
Article 6
1. Community financing shall notably be in the form of grants or risk capital. Concerning cooperation measures in the field of the environment it may also take the form of interest rate subsidies for loans granted by the Bank from its own resources. The subsidy rate shall be 3 %.
2. Grants may be used to finance or co-finance activities, projects or programmes which contribute to the realization of the objectives defined in Article 2. The financing ceiling for each grant for activities, projects or programmes shall also depend on those grants' ability to yield a financial return. The financing made available to the private sector shall in general be on commercial terms, in order to avoid distortions of local financial markets as far as possible.
3. Financing decisions and any financing agreements and contracts resulting therefrom shall provide, inter alia, for supervision and financial control by the Commission and audits by the Court of Auditors, where appropriate, to be carried out on the spot.
The Court of Auditors' supervision of operations financed under this Regulation and managed by the Bank shall be carried out according to the procedures agreed between the Commission, the Bank and the Court of Auditors.
4. Risk capital shall be used, first and foremost, to make available own funds, or funds regarded as such, to undertakings (private or mixed) in the production sector, in particular those that can bring together natural or legal persons who are nationals of a Community Member State and of Mediterranean non-member countries or territories.
Risk capital provided and managed by the Bank may take the form of:
(a) subordinated loans, for which reimbursement and any interest payments shall be effected only after settlement of other banking claims;
(b) conditional loans the repayment or duration of which depend on fulfilment of the conditions laid down when the loans are granted;
(c) temporary minority holdings on behalf of the Community in the capital of undertakings established in the Mediterranean non-member countries or territories;
(d) financing of holdings in the form of conditional loans granted to the Mediterranean partners or, with their consent, to undertakings in those Mediterranean partner countries, either directly or through the intermediary of their financial institutions.
Article 7
1. Measures under this Regulation may cover expenditure on imports of goods and services and local expenditure needed to carry out the projects and programmes. Taxes, duties and charges shall be excluded from Community financing.
Contracts for the implementation of Community-funded measures under this Regulation shall receive, from the partner concerned, fiscal and customs treatment no less favourable than that which it applies to the most-favoured State or most-favoured international development organization.
2. Costs incurred in preparing, initiating, following up, monitoring and implementing support measures may also be covered.
3. Operating and maintenance costs, in particular those to be financed in foreign currency, may be covered within the framework of training, communications and research programmes and within that of other projects. As a general rule, such costs may be covered only in the start-up stage and shall be progressively reduced.
4. For investment projects in the production sector, Community financing shall be combined with the beneficiary's own resources or with financing on market conditions, taking into account the nature of the project. The recipient's contribution or that represented by financing on market conditions should be maximized. In any case Community financing, including that involving the Bank's own resources, shall not exceed 80 % of total investment costs. That ceiling shall be of an exceptional nature and shall be duly justified by the nature of the operation.
Article 8
1. Invitations to tender and contract shall be open on equal terms to all natural and legal persons in the Member States and the Mediterranean partners.
2. The Commission shall ensure:
- the widest possible participation under equal conditions in short lists and tenders for supplies, works and services,
- the necessary transparency and rigour in the application of the selection and evaluation criteria,
- effective competition among firms, organizations and institutions interested in participating in the initiatives financed by the programme,
- the urgent submission, to the MED Committee, of a procedures guide concerning the detailed implementation of these objectives, which will be examined in accordance with Article 11.
3. In the Official Journal of the European Communities the Commission shall publish, indicating the subject, the content and the value of the contracts provided for:
- once a year, forecasts of contracts for services and technical cooperation activities to be awarded after invitations to tender for the 12 months following publication,
- once every three months, any amendments to the above forecasts.
4. The Commission shall provide, in liaison with Member States, on request, to all interested firms, organizations and institutions throughout the Community, documentation on the general aspects of the MEDA programmes and the requirements for participation in the programmes.
5. Financing proposals shall include indications of the contracts to be expected, including the estimated values, the procedure for awarding them and the planned dates for the invitations to tender.
6. Contracts shall be awarded to companies in accordance with the relevant provisions of the Financial Regulation applicable to the general budget of the European Communities.
7. The results of the invitations to tender shall be published in the Official Journal of the European Communities. The Commission shall submit to the Article 11 Committee, every six months, specific detailed information on the contracts concluded in implementation of MEDA programmes and projects.
8. In the case of co-financing, participants from countries other than the Mediterranean partners concerned in invitations to tender and contracts may be authorized by the Commission on a case-by-case basis. In these cases participation of undertakings from third countries shall be acceptable only if reciprocity is granted.
Article 9
1. The guidelines for the indicative programmes referred to in Article 5 (2) shall be adopted by the Council, acting by a qualified majority on a proposal from the Commission, following dialogue with the Mediterranean partners concerned.
Together with its proposals, the Commission shall forward for information its overall financial programme planning, indicating in particular the total amount of the national and regional indicative programmes, as well as the allocation by beneficiary country and by priority sector of the overall amount adopted within those programmes.
2. The indicative programmes and any amendments to them, together with financing decisions based mainly on them, shall be adopted by the Commission in accordance with the provisions of Article 11.
3. Financing decisions exceeding ECU 2 000 000 other than those relating to interest-rate subsidies on Bank loans and risk capital shall be adopted in accordance with the procedure laid down in Article 11, subject to paragraphs 4 and 6.
4. Financing decisions on overall allocations shall be adopted in accordance with the procedure laid down in Article 11. Within an overall allocation, the Commission shall adopt financing decisions not exceeding ECU 2 000 000. The Committee provided for in Article 11 shall be informed systematically and promptly and in any event before the next meeting, of financing decisions for measures not involving more than ECU 2 000 000.
5. Decisions amending financing decisions adopted in accordance with the procedure laid down in Article 11 shall be taken by the Commission where they do not entail any substantial amendments or additional commitments in excess of 20 % of the original commitment. The Commission shall inform the Committee referred to in Article 11 immediately of any such decisions.
6. Exchange programmes under decentralized cooperation shall be adopted by the Commission in accordance with the procedure laid down in Article 11.
7. Financing decisions relating to interest-rate subsidies on Bank loans shall be adopted in accordance with the procedure laid down in Article 12. Financing decisions relating to risk capital shall be adopted in accordance with the procedure laid down in Article 13.
Article 10
1. Measures referred to in this Regulation which are financed from the general budget of the European Communities shall be administered by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities.
2. In the financing proposals submitted to the Committee referred to in Article 11 and the assessments mentioned in Article 15, the Commission shall abide by the principles of sound financial management and, in particular, those of economy and cost-effectiveness referred to in the Financial Regulation.
Article 11
1. The Commission shall be assisted by a Committee, hereinafter referred to as the 'MED Committee`, composed of the representatives of the Member States and chaired by the representative of the Commission. A representative of the Bank shall take part in the proceedings, without the right to vote.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. However, if the measures 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, the Council has not acted, the proposed measures shall be adopted by the Commission.
4. The Committee may examine any other question relating to the implementation of this Regulation which is put to it by its Chairman, possibly at the request of the representative of a Member State, and in particular any question relating to general implementation, the administration of the programme or the co-financing and coordination referred to in Articles 4 and 5.
5. The Committee shall adopt its rules of procedure by qualified majority.
6. The Commission shall keep the Committee regularly informed and shall supply it with information on the implementation of measures under this Regulation.
7. The European Parliament shall be kept regularly informed of the implementation of this Regulation.
Article 12
1. As regards the projects to be financed by subsidized loans in the field of the environment, the Bank shall draw up the financing proposal in accordance with its Statute. The Bank shall seek the opinion of the Commission, in accordance with Article 21 of its Statute, and of the Committee referred to in Article 14.
2. The Committee referred to in Article 14 shall issue an opinion on the Bank's proposal. The Commission representative shall convey to that Committee the position of his institution on the project concerned, and in particular on its conformity with the objectives of this Regulation and with the general guidelines adopted by the Council. In addition, the Committee referred to in Article 14 shall be informed by the Bank of the nonsubsidized loans which the Bank envisages granting from its own resources.
3. On the basis of that consultation, the Bank shall ask the Commission to take a financing decision to grant the interest-rate subsidy for the project concerned.
4. The Commission shall submit to the MED Committee a draft decision authorizing or, if appropriate, refusing the financing of the interest-rate subsidy.
5. The Commission shall forward the decision referred to in paragraph 4 to the Bank, which, where the decision grants the subsidy, may grant the loan.
Article 13
1. The Bank shall submit to the Committee referred to in Article 14, for its opinion, projects concerning risk-capital operations. The Commission representative shall convey to that Committee the position of his institution on the project concerned and in particular on its conformity with the objectives of this Regulation and with the general guidelines adopted by the Council.
2. On the basis of that consultation, the Bank shall forward the project to the Commission.
3. The Commission shall take the financing decision within a period appropriate to the characteristics of the project.
4. The Commission shall forward the decision referred to in paragraph 3 to the Bank, which shall take the appropriate measures.
Article 14
1. A Committee consisting of the representatives of the Member States, hereinafter referred to as the 'Article 14 Committee`, shall be set up at the Bank. That Committee shall be chaired by the representative of the Member State currently holding the chair of the Board of Governors of the Bank; its secretariat shall be provided by the Bank. A representative of the Commission shall take part in its proceedings.
2. The rules of procedure of the Article 14 Committee shall be adopted unanimously by the Council.
3. The Committee shall act by a qualified majority in accordance with Article 148 (2) of the Treaty.
4. Within the Article 14 Committee, the votes of the representatives of the Member States shall be weighted in accordance with Article 148 (2) of the Treaty.
Article 15
1. The Commission shall, together with the Bank, examine progress achieved in implementing the measures undertaken pursuant to this Regulation and shall submit to the European Parliament and the Council an annual report, no later than 30 April. The report shall contain information on the measures financed during the year, with due regard for confidentiality, and provide an assessment of the results obtained.
2. The Commission and the Bank shall evaluate the main projects that concern each of them in order to determine whether the objectives have been achieved and to establish guidelines for increasing the effectiveness of future activities. The evaluation reports, with due regard for confidentiality, shall be made available to the Council and the European Parliament. For operations managed by the EIB, the reports shall be made available to the Member States.
3. Every three years the Commission shall, together with the Bank, produce an overall assessment report on cooperation policy in favour of the Mediterranean partners and shall submit it without delay to the MED Committee.
Every year, the MED Committee shall receive precise details of the composition and activities of the existing networks.
The Commission shall forward an evaluation of each programme every two years.
4. As regards decentralized cooperation, the Commission shall forward to the MED Committee precise details of the composition and activities of the existing networks each year and on evaluation of each programme every two years.
5. The Commission will inform the Member States each year about resources which are still available or have already been allocated.
6. The Council will review this Regulation before 30 June 1999. To that end, the Commission shall submit to the Council before 31 December 1998 an evaluation report accompanied by proposals regarding the future of the Regulation and, if necessary, the amendments to be made to it.
Article 16
The definitive procedure for adopting the appropriate measures where an essential element for the continuation of aid for a Mediterranean partner is lacking shall be determined before 30 June 1997.
Article 17
1. Regulation (EEC) No 1763/92 is hereby repealed as from 31 December 1996.
2. As from 1 January 1997, Regulation (EEC) No 1762/92 shall apply for the management of the protocols still in force at that date and for the commitment of funds remaining under the expired protocols.
Article 18
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 1996.
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REGULATION (EEC) No 2779/75 OF THE COUNCIL of 29 October 1975 laying down general rules for granting export refunds on poultrymeat and criteria for fixing the amount of such refunds
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation (EEC) No 2777/75 (1) of 29 October 1975 on the common organization of the market in poultrymeat, and in particular the fourth subparagraph of Article 9 (2) thereof;
Having regard to the proposal from the Commission;
Whereas export refunds on products subject to the common organization of the market in poultrymeat must be fixed in accordance with certain criteria which make it possible to cover the difference between prices for those products within the Community and on the world market ; whereas to this end the supply situation and prices for those products within the Community and the price situation on the world market must be taken into account;
Whereas the difference between prices within the Community and prices on the world market for the quantity of feed grain required for the production of one kilogramme of slaughtered poultry and for the production of one chick must also be taken into account ; whereas in the case of the products specified in Article 1 (2) (d) of Regulation (EEC) No 2777/75 the coefficients referred to in Article 5 (3) of that Regulation should be taken into account;
Whereas if price trends are to be noted prices must be determined in accordance with general principles ; whereas to this end prices on third country markets and in countries of destination, producer prices recorded in third countries and free-at-Community-frontier prices should be taken into account when prices on the world market are being determined ; whereas, in the absence of representative markets for poultrymeat products, prices ruling at the various marketing stages and on exportation should be used as a basis in determining Community prices;
Whereas provision must be made for varying the amount of the refund according to the destination of the products, since markets in the countries of destination are at varying distances from Community markets and special conditions apply to imports in certain countries of destination;
Whereas, to give Community exporters a measure of stability as regards the amount of the refund and certainty with regard to the list of products eligible for a refund, provision should be made for such list and amounts to remain valid for a relatively long period ; whereas rules should also be laid down for the advance fixing of export refunds;
Whereas it is necessary to fix refunds in advance only in certain cases ; whereas any decision to do so should be taken in accordance with Article 17 of Regulation (EEC) No 2777/75;
Whereas the possibility of fixing refunds in advance makes it necessary to take steps to ensure that in each case exportation is carried out as stated in the application ; whereas to that end each applicant should receive a certificate requiring the products in question to be exported within a given period;
Whereas in order to avoid abuse the issue of such certificates should be conditional upon the provision of security, which should be forfeit if the products are not exported within the peroid of validity of the certificate;
Whereas experience gained in the various sectors where a common organization of the market has been established and in respect of which there is provision for advance fixing of the refund has shown that in certain circumstances, and in particular where exporters have abnormal recourse to this system, there is a risk of difficulties arising on the market in question;
Whereas in order to remedy such a situation it must be possible for measures to be taken rapidly ; whereas provision should therefore be made for the Commission to adopt such measures after receiving the Opinion of the Management Committee or, in cases of urgency, without waiting for the latter to meet; (1)See page 77 of this Official Journal.
Whereas, to avoid distortions of competition between individual Community traders, the administrative conditions under which they operate must be identical throughout the Community ; whereas there does not appear to be any justification for granting a refund where the products in question are imported from third countries and re-exported to third countries ; whereas the reimbursement, under certain conditions, of the levy collected on importation is sufficient to allow these products to be placed on the world market again,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down rules for fixing and granting export refunds on the products specified in Article 1 (1) of Regulation (EEC) No 2777/75.
Article 2
The following shall be taken into account when refunds are being fixed: (a) the existing situation and the future trend with regard to: - prices and availabilities of poultrymeat products on the Community market,
- prices for poultrymeat products on the world market;
(b) the need to avoid disturbances which might lead to a prolonged imbalance between supply and demand on the Community market ; and
(c) the economic aspect of the proposed exports.
When the refund on the products specified in Article 1 (1) of Regulation (EEC) No 2777/75 is being calculated, account shall also be taken of the difference between prices within the Community and prices on the world market for the quantity of feed grain determined in accordance with the provisions of Article 4 (1) of that Regulation, the coefficients referred to in Article 5 (3) of that Regulation also being taken into account in the case of derived products.
Article 3
1. The following shall be taken into account when the price on the Community market is being determined: (a) prices ruling at the various marketing stages in the Community;
(b) prices ruling on exportation.
2. The following shall be taken into account when the price on the world market is being determined: (a) prices ruling on third country markets;
(b) the most favourable import prices in third countries of destination for third country imports;
(c) producer prices recorded in exporting third countries, account being taken of any subsidies granted by those countries ; and
(d) free-at-Community-frontier offer prices.
Article 4
Where the world market situation or the specific requirements of certain markets make this necessary, the refund for the Community may, in the case of the products specified in Article 1 (1) of Regulation (EEC) No 2777/75, be varied according to destination.
Article 5
1. The list of products on which an export refund is granted and the amount of such refund shall be fixed at least once every three months.
2. The amount of the refund shall be that applicable on the day of exportation.
3. However, it may be decided that the refund shall on request be fixed in advance. In that case, where the applicant so requests when lodging an application for a certificate of advance fixing as provided for in Article 6, the export refund applicable on the day when he lodges such application shall apply to an export operation carried out at any time during the period of validity of the said certificate.
4. Where examination of the market situation shows that there are difficulties due to the application of the provisions concerning the advance fixing of the export refund, or that such difficulties may occur, a decision may be taken in accordance with the procedure laid down in Article 17 of Regulation (EEC) No 2777/75, to suspend the application of these provisions for such period as is strictly necessary.
In cases of extreme urgency, the Commission may, after examination of the situation, decide on the basis of all the information available to it to suspend advance fixing for a maximum of three working days.
Applications for certificates of advance fixing lodged during the period of suspension shall be rejected.
Article 6
1. The grant of the refund under the conditions provided for in Article 5 (3) shall be conditional on the presentation of a certificate of advance fixing, which shall be issued by Member States to any applicant irrespective of the place of his establishment in the Community.
The certificate of advance fixing shall be valid throughout the Community.
2. The issue of a certificate of advance fixing shall be conditional upon the provision of security guaranteeing that exportation will be carried out within the period of validity of the certificate. If the operation is not carried out, or only partially carried out within that period, the security shall be wholly or partially forfeit.
Article 7
1. The refund shall be paid upon proof: - that the products concerned have been exported from the Community, and
- except where Article 8 applies, that such products are of Community origin.
2. Where Article 4 applies, the refund shall be paid under the conditions laid down in paragraph 1, provided it is proved that the product has reached the destination for which the refund was fixed.
Exceptions may be made to this rule, in accordance with the procedure referred to in paragraph 3, provided conditions are laid down which offer equivalent guarantees.
3. Additional provisions may be adopted in accordance with the procedure laid down in Article 17 of Regulation (EEC) No 2777/75.
Article 8
No export refund shall be granted on products specified in Article 1 (1) of Regulation (EEC) No 2777/75 which are imported from third countries and re-exported to third countries, unless the exporter proves: - that the product to be exported and the product previously imported are one and the same, and
- that the levy was collected on importation.
In such cases the refund on each product shall be equal to whichever is the lower, the levy collected on importation or the refund applicable on the day of exportation.
Article 9
1. Council Regulation No 176/67/EEC (1) of 27 June 1967 laying down general rules for granting export refunds on poultrymeat and criteria for fixing the amount of such refunds, as last amended by Regulation (EEC) No 2689/72 (2), is hereby repealed.
2. All references to the Regulation repealed by paragraph 1 shall be construed as references to this Regulation.
References to Articles of that Regulation are to be read in accordance with the correlation given in the Annex.
Article 10
This Regulation shall enter into force on 1 November 1975. (1)OJ No 130, 28.6.1967, p. 2612/67. (2)OJ No L 289, 27.12.1972, p. 41.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 October 1975.
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*****
COMMISSION REGULATION (EEC) No 2198/90
of 27 July 1990
on protective measures applicable to imports of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provisionally preserved raspberries 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 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 1202/90 (2), and in particular Article 18 (2) thereof,
Whereas the marketing of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provisionally preserved raspberries is characterized by competition from third countries at prices significantly below the prices at which Community products can be marketed; whereas there is a failure to comply with the price levels agreed with the main supplier third countries for the 1989/86 marketing year; whereas imports in 1989 and the first six months of 1990 were significantly higher than the average for the last three years;
Whereas in these circumstances the Community market is exposed to serious disturbances which might endanger the objectives set out in Article 39 of the Treaty; whereas it is therefore necessary to apply protective measures;
Whereas the aim of the protective measures should be to exclude the marketing of imported products at abnormally low prices;
Whereas, taking account of the criteria set out in Council Regulation (EEC) No 521/77 of 14 March 1977 laying down detailed rules for applying protective measures in the market in products processed from fruit and vegetables (3), this objective can be achieved by introducing minimum import prices to be respected on import into the Community and by applying countervailing charges on products which do not respect those prices;
Whereas the level of the minimum prices should be set talking account of the prices previously agreed with the country in question and the quality and presentated of the products concerned;
Whereas the minimum import prices may be undercut due to events which are not a consequence of prices applied by third countries, e.g. fluctuation of exchange rates; whereas that fact should be taken into consideration when countervailing charges are fixed;
Whereas countervailing charges should not be levied in respect of products coming from third countries which are prepared and in a position to guarantee the prices of products exported by them and that any deflections of trade will be avoided;
Whereas account should be taken of the special situation of products which have already left the exporting counry at the time this Regulation is published,
HAS ADOPTED THIS REGULATION:
Article 1
1. On import into the Community of frozen strowberries, frozen raspberries, provisionally preserved strowberries and provisionally preserved raspberries originating in Poland, the minimum import price shall be as set out below:
(ECU/100 kg net)
1.2.3 // // // // CN code // Description of goods // Minimum import price // // // // 0811 10 90 // Frozen strowberries without added sugar // 88 // 0811 20 31 // Frozen raspberries without added sugar // 95 // 0812 20 00 // Provincially preserved strowberries // 52,5 // 0812 90 60 // Provincially preserved raspberries // 58 // // //
2. Where the import price is less than the minimum price set out above, a countervailing charge equivalent to the difference between those two prices shall be levied.
Article 2
1. The minimum import price shall be respected when the import price expressed in the currency of the importing Member State is not less than the minimum import price applicable on the day on which the entry for release for free circulation is accepted.
2. The following factors shall constitute the import price:
(a) the fob price in the country of origin;
(b) transport and insurance costs to the point of entry into the customs territory of the Community.
3. For the purposes of paragraph 2, 'fob price' means the price paid or to be paid for the quantity of products contained in a consignment including the cost of placing the consignment on board a means of transport at the place of shipment in the country of origin and other costs incurred in that country. The fob price shall not include the cost of any services to be borne by the seller from the time that the products are placed on board the means of transport.
4. Payment of the fob price to the seller shall be effected not later than three months after the day on which the entry for free circulation is accepted by the customs authorities.
5. Where the factors referred to in paragraph 2 are expressed in a currency other than that of the importing Member State, the provisions on the valuation of goods for customs purposes shall be applied when converting such currency into the currency of the importing Member State.
Article 3
1. The customs authorities shall, in respect of each consignment, at the time of completion of the customs import formalities for free circulation, compare the import price with the minimum import price.
2. The import price shall be declared on the entry for release for free circulation and the entry shall be accompanied by all the documents required to verify the price.
3. The competent authorities shall:
(a) if the invoice presented to the customs authorities has not been drawn up by the exporter in the country in which the products originated;
or
(b) if the authorities are not satisfied that the price declared in the entry reflects the actual import price;
or
(c) if payment has not been effected within the time limit provided for in Article 2 (4);
take the necessary measures to determine the import price, in particular by reference to the importer's resale price.
Article 4
The importer shall retain evidence of payment to the seller. That evidence and all commercial documents, in particular invoices, contracts and correspondance concerning the purchase and sale of the products shall be kept available for examination by the customs authorities for a period of three years.
Article 5
1. This Regulation shall not apply to products for which it has been proved that they have left the supplier country before the day of publication of this Regulation.
2. The parties concerned shall provide proof, to the satisfaction of the competent authorities, that the conditions set out in paragraph 1 have been complied with.
However, the competent authorities may regard the products as having left the supplier country before the day of publication of this Regulation when one of the following documents is submitted:
- in the case of transport by sea or waterway, the bill of landing showing that loading took place before that day,
- in case of transport by rail, the consignment note accepted by the railways of the expediting country before that day,
- in case of transport by road, the TIR carnet presented to the first customs office before that day,
- in case of transport by air, the air consignment note showing that the airline received the products before that day.
3. The provisions of paragraphs 1 and 2 shall apply only in so far as the entry for free circulation has been accepted by the customs authorities before 1 November 1990.
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply until 31 December 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 1990.
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Commission Regulation (EC) No 2276/2002
of 19 December 2002
concerning tenders notified in response to the invitation to tender for the export of rye issued in Regulation (EC) No 900/2002
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 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 7 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of rye to all third countries excluding Hungary, Estonia, Lithuania and Latvia was opened pursuant to Commission Regulation (EC) No 900/2002(6), as amended by Regulation (EC) No 1632/2002(7).
(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 13 to 19 December 2002 in response to the invitation to tender for the refund for the export of rye issued in Regulation (EC) No 900/2002.
Article 2
This Regulation shall enter into force on 20 December 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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