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COMMISSION REGULATION (EEC) No 2617/87
of 28 August 1987
determining the actual production of unginned cotton for the 1986/87 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Greece, and in particular Protocol 4 on cotton, as amended by Protocol 14 of the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 2169/81 of 27 July 1981 laying down the general rules for the system of aid for cotton (1), as last amended by Regulation (EEC) No 2276/87 (2), and in particular Articles 7 and 8 thereof,
Whereas Article 7 of Regulation (EEC) No 2169/81 states that actual production for each marketing year shall be determined every year, account being taken in particular of the quantities for which aid has been requested; whereas application of this criterion gives the figure for actual production in the 1986/87 marketing year indicated below;
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
Production of unginned cotton, in the Member States of the Community is hereby determined at 947 800 tonnes for the 1986/87 marketing year.
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, 28 August 1987.
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COUNCIL REGULATION (EEC) No 1048/76 of 4 May 1976 amending Regulation (EEC) No 2051/74 on the customs procedure applicable to certain products originating in and coming from the Faroe Islands
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 Regulation (EEC) No 2051/74 (2) defines the customs procedure applicable to certain products originating in and coming from the Faroe Islands;
Whereas Annex II to Regulation (EEC) No 2051/74 obliges the United Kingdom to apply in respect of the Faroe Islands, for certain products listed in that Annex, customs duties lower than those which it applies to the other Member States including Denmark;
Whereas Annex III to Regulation (EEC) No 2051/74 obliges Ireland to apply in respect of the Faroe Islands, for certain products listed in that Annex, customs duties lower than those which it applies to the other Member States including Denmark;
Whereas Annexes II and III to Regulation (EEC) No 2051/74 should be amended in order to avoid these differences in tariff treatment,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EEC) No 2051/74 shall be amended as follows as regards subheadings 03.02 A I b), 03.02 A II a) and 03.03 A IV a) of the Common Customs Tariff: PIC FILE= "T (1)OJ No C 100, 3.5.1976, p. 40. (2)OJ No L 212, 2.8.1974, p. 33.
PIC FILE= "T
Article 2
Annex III to Regulation (EEC) No 2051/74 shall be amended as follows as regards subheadings 03.01 B I ex e), 03.01 B I g) and 16.05 ex B of the Common Customs Tariff: PIC FILE= "T
Article 3
This Regulation shall enter into force on the eighth 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 May 1976.
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Council Directive 2003/43/EC
of 26 May 2003
amending Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 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 European Economic and Social Committee(3),
After consulting the Committee of the Regions,
Whereas:
(1) Directive 88/407/EEC(4) lays down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species.
(2) In the light of the new scientific data available, it is necessary to amend the animal health conditions applying to entry of bulls into artificial insemination centres, in particular concerning infectious bovine rhinotracheitis/infectious pustular vulvovaginitis (IBR/IPV) and bovine viral diarrhoea/mucosal diarrhoea (BVD/MD).
(3) The same requirements for storage should apply to all establishments whether or not they are associated with a production unit.
(4) The procedure for updating the list of semen collection or storage centres in third countries from which the importation of semen is authorised should be simplified.
(5) Necessary measures should be adopted for the implementation of Directive 88/407/EEC 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(5),
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 88/407/EEC is hereby amended as follows:
1. the following subparagraph shall be added to Article 1:"This Directive shall not affect Community and/or national zootechnical provisions governing the organisation of artificial insemination in general and the distribution of semen in particular.";
2. Article 2(b) is replaced by the following:
"(b) - 'Semen collection centre' means an officially approved and officially supervised establishment situated in the territory of a Member State or third country, in which semen is produced for use in artificial insemination;
- 'Semen storage centre' means an officially approved and officially supervised establishment situated in the territory of a Member State or third country in which semen is stored for use in artificial insemination;"
3. Article 3(a) shall be replaced by the following:
"(a) it must have been collected and processed and/or stored if need be in a collection or storage centre or centres approved for the purpose in accordance with Article 5(1), with a view to artificial insemination and for the purposes of intra-Community trade;"
4. Article 4(1) and (2) shall be deleted;
5. in Articles 5, 9(2) and 9(3), the words "semen collection centre(s)" shall be replaced by the words "semen collection or storage centre(s)";
6. Article 9(1) shall be replaced by the following:
"1. The lists of semen collection and storage centres from which Member States shall authorise the importation of semen originating in third countries shall be prepared and updated in accordance with this Article.
An establishment may be placed on such a list only if the competent authority of the third country of origin guarantees that the conditions referred to in paragraphs 2 and 3(b) to (e) are met.
The competent authorities of the third countries appearing on lists drawn up and updated in accordance with Article 8 shall guarantee that lists of semen collection and storage centres from which the semen may be dispatched to the Community are drawn up, kept up-to-date and communicated to the Commission.
The Commission shall provide the contact points designated by Member States with regular notifications concerning new or updated lists that it has received from the competent authorities of the third countries concerned in accordance with subparagraph 3.
If no Member State objects to the new or updated list within 20 working days of the Commission's notification, imports shall be authorised from establishments appearing on the list 10 working days after the day on which the Commission makes it available to the public.
Where written comments are made by at least one Member State or whenever it considers that amendments to a list are necessary in the light of relevant information such as Community inspection reports or the results of the controls carried out under Article 12, the Commission shall inform all Member States and include the matter on the agenda for the relevant sector at the next meeting of the Standing Committee on the Food Chain and Animal Health for decision in accordance with the procedure referred to in Article 18(2).
The Commission shall arrange for up-to-date versions of all lists to be made available to the public.";
7. Article 17 shall be replaced by:
"Article 17
Annex A shall be amended by the Council, acting by qualified majority on a proposal from the Commission, in particular to adapt it to advances in technology.
Annexes B, C and D shall be amended in accordance with the procedure laid down in Article 18(2).";
8. Article 18 shall be replaced by:
"Article 18
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up by Regulation (EC) No 178/2002(6).
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC(7) shall apply.
The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.";
9. Article 19 shall be deleted;
10. in Articles 5, 8, and 10, the words "the procedure laid down in Article 18" shall be replaced by the words "the procedure referred to in Article 18(2)";
11. in Articles 8, 11 and 16, the words "the procedure laid down in Article 19" shall be replaced by the words "the procedure referred to in Article 18(2)";
12. Annexes A, B, C and D to Directive 88/407/EEC shall be replaced by the text in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive by 1 July 2004. They shall forthwith inform the Commission thereof.
When Member States adopt those 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. However, up until 31 December 2004, Member States shall authorise intracommunity trade in and imports of semen that have been collected, processed and stored according to the former provisions of Directive 88/407/EEC and that are accompanied by the former specimen certificate.
After that date, Member States shall not authorise intra-Community trade in and imports of semen in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.
3. Member States shall inform the Commission of the text of the main provisions of national law which they adopt in the area governed by this Directive.
Article 3
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 26 May 2003.
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COUNCIL AND COMMISSION DECISION
of 26 May 2008
on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
(2008/430/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION,
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
Whereas:
(1)
The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, was signed on behalf of the European Community and its Member States on 27 June 2007 in accordance with Council Decision 2007/548/EC (2).
(2)
Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 January 2007.
(3)
The Protocol should be approved,
HAVE DECIDED AS FOLLOWS:
Article 1
The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
The text of the Protocol is annexed to this Decision (3).
Article 2
The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 3(2) of the Protocol (4). The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.
Done at Brussels, 26 May 2008.
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COMMISSION REGULATION (EC) No 500/2005
of 31 March 2005
fixing the maximum export refund for white sugar to certain third countries for the 22nd partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1327/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1327/2004 of 19 July 2004 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.
(2)
Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 22nd partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1327/2004 the maximum amount of the export refund shall be 38,359 EUR/100 kg.
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 (EEC) N° 4230/87
of 9 December 1987
laying down conditions for the entry of fresh table grapes of the variety Emperor (Vitis
vinifera cv) falling within subheading 0806 10 11 of the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 11 thereof,
Whereas Council Regulation (EEC) N° 950/68 of 28 June 1968 on the Common Customs Tariff (2), as last amended by Regulation (EEC) N° 3529/87 (3), established the Common Customs Tariff on the basis of the nomenclature of the Convention of 15 December 1950 concerning the nomenclature to be used for the classification of goods in customs tariffs;
Whereas on the basis of Council Regulation (EEC) N° 97/69 of 16 January 1969 on measures to be taken for the uniform application of the nomenclature of the Common Customs Tariff (4), as last amended by Regulation (EEC) N° 2055/84 (5), Commission Regulation (EEC) N° 3034/79 (6), as last amended by the Act of Accession of Spain and Portugal, laid down conditions for the entry of fresh table grapes of the variety Emperor (Vitis vinifera cv) falling within subheading 08.04 A I a) 1 of the Common Customs Tariff;
Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N° 950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the International Convention on the Harmonized Commodity Description and Coding System and, on the other hand, Regulation (EEC)
N° 97/69; whereas it is consequently appropriate, for reasons of clarity, to replace Regulation (EEC) N° 3034/79 by a new regulation taking over the new nomenclature as well as the new legal base;
Whereas Regulation (EEC) N° 2658/87 covers fresh table grapes of the variety Emperor (Vitis vinifera cv) falling within subheading 0806 10 11 of the combined
nomenclature; whereas entry under this subheading is subject to conditions laid down in the relevant Community
provisions; whereas in order to ensure uniform application of the nomenclature of the combined nomenclature, provision specifying those conditions must be laid down;
Whereas identification of the above products presents certain difficulties; whereas it can be considerably simplified if the exporting country gives an assurance that the product exported corresponds to the description of the product in question; whereas, consequently, entry of a product under the subheading mentioned above should be authorized only where such product is accompanied by a certificate of authenticity which is issued by an authority acting under the responsibility of the exporting country and which provides such assurance;
Whereas it is appropriate to specify the form which such certificate must take and the conditions for its use; whereas, furthermore, measures must be introduced to enable the Community to keep check upon the conditions of issue of the said certificate; whereas accordingly certain obligations should be imposed on the issuing authority;
Whereas the certificate of authenticity should be drawn up in an official Community language and, where appropriate, an official language of the exporting country;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,
HAS ADOPTED THIS REGULATION:
Article 1
The entry under subheading 0806 10 11 of the combined nomenclature of fresh table grapes of the variety Emperor (Vitis vinifera cv) shall be subject to presentation of a certificate of authenticity meeting the requirements specified in this Regulation.
Article 2
1. The certificate corresponding to the specimen in An-
nex I shall be printed and drawn up in one of the official languages of the European Economic Community and, where appropriate, an official language of the exporting country. The size of the certificate shall be approximately 210 × 297 millimetres. The paper used shall be white and weigh not less than 40 grams per square metre.
2. Each certificate shall bear an individual serial number by the issuing authority.
3. The competent authorities of the Member States in which the products are presented may require a translation of the certificate.
Article 3
The certificate shall be completed either in typescript or in manuscript. In the latter case, it must be completed in ink and block letters.
Article 4
The certificate or, when the consignment is split, the photocopy of the certificate referred to in Article 7, shall be submitted to the customs authorities of the importing Member State within three months of its date of issue, together with the goods to which it relates.
Article 5
1. A certificate shall be valid only if it is duly authenticated by an authority appearing on the list in Annex II.
2. A duly authenticated certificate is one which shows the place and date of issue and bears the stamp of the issuing authority and the signature of the person or persons authorized to sign it.
Article 6
1. An issuing authority can appear on the list only if:
(a) it is recognized as such by the exporting country;
(b) it undertakes to verify the particulars shown in certificates;
(c) it undertakes to provide the Commission and Member States, on request, with all appropriate information to enable an assessment to be made of the particulars shown in the certificates.
2. The list shall be revised when the condition specified in paragraph 1 (a) is no longer satisfied or when an issuing authority fails to fulfil one or more of the obligations incumbent upon it.
Article 7
When the consignment is split, the original certificate shall be photocopied for each part consignment. The photocopies and the original certificate shall be presented to the customs office at which the goods are situated.
Each photocopy shall indicate the name and address of the consignee and be marked in red 'Extract valid for ... kg' (in figures and letters) together with the place and date of the splitting. These statements shall be authenticated by the customs office stamp and the signature of the officer responsible. The original certificate shall be noted with the particulars relevant to the splitting of the consignment and shall be retained by the competent customs office.
Article 8
Invoices produced in support of import declarations shall bear the serial number of the corresponding certificate.
Article 9
The country listed in Annex II shall send the Commission specimens of the stamps used by their issuing authorities and where appropriate their authorized agents. The Commission shall forward this information to the customs authorities of the Member States.
Article 10
Regulation (EEC) N° 3034/79 is hereby repealed.
Article 11
This Regulation shall enter into force on 1 January 1988.
However until 31 December 1988, the aforementioned grapes shall be admitted under the subheading referred to in Article 1 on presentation of a certificate of the kind used until 31 December 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1987.
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*****
COMMISSION REGULATION (EEC) No 1963/88
of 4 July 1988
amending Regulation (EEC) No 1528/78 laying down detailed rules for the application of the system of aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1117/78 of 22 May 1978 on the common organization of the market in dried fodder (1), as last amended by Regulation (EEC) No 3996/87 (2), and in particular Article 6 (3) thereof,
Whereas Article 3 of Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (3), as last amended by Regulation (EEC) No 1173/87 (4), provides that in certain cases the average world market price is to be determined on the basis of the price for competing products; whereas the competing products in question are defined in Article 3 of Commission Regulation (EEC) No 1528/78 (5), as last amended by Regulation (EEC) No 2334/87 (6); whereas, among those competing products, barley was valued for the 1987/88 marketing year for dried fodder at the intervention price plus a fixed amount equal to 10 ECU per tonne; whereas barley must be valued at a price which is closer to the real market situation; whereas, to that end, the fixed amount which is added to the intervention price for barley should be abolished; whereas Regulation (EEC) No 1528/78 should be amended accordingly;
Whereas the Management Committee for Dried Fodder has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1528/78 is hereby amended as follows:
1. The second subparagraph of Article 3 (3) is replaced by the following:
'For the purposes of determining the value of barley, reference shall be made to the intervention price for barley. That price shall be equal to the average of the intervention prices for barley valid during the barley marketing year in which the month for which the average world market price is determined falls.'
2. Article 5 (4) is replaced by the following:
'4. Where, pursuant to paragraph 3 and Article 6, the average world forward market price is determined in accordance with Article 3 of Regulation (EEC) No 1417/78, the price for barley to be taken into account shall be equal to the average of the intervention prices for barley valid during the barley marketing year in which the month for which the average world forward market price is determined falls.'
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 May 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 July 1988.
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*****
COMMISSION DECISION
of 10 January 1983
relating to a proceeding under Article 85 of the EEC Treaty
(IV/30.735 - Deutsche Castrol Vertriebsgesellschaft mbH)
(Only the German text is authentic)
(83/205/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 17 of 6 February 1962 (1), and in particular Article 11 (5) thereof,
Whereas:
I
(1) Deutsche Castrol Vertriebsgesellschaft mbH (Castrol) is a subsidiary of Castro Ltd, of the United Kingdom, whose products it markets in the Federal Republic of Germany. Such products consist of engine oils and lubricants for a wide range of applications, but especially for motor vehicles.
(2) The Commission has received a complaint from the proprietor of a motor vehicle repair workshop who is bound by an agreement with Castrol. The agreement, concluded in 1968, provided that Castrol would make available an interest-free loan of DM 40 000 and workshop equipment valued at DM 15 000. In return the complainant undertook, for a period of 20 years, to purchase from Castrol 80 % of all his requirements of lubricants, amounting to about 5 000 litres/kilograms per annum and at least 100 000 litres/kilograms in total, at the prices from time to time in force. The complainant asserts that this agreement forms part of a network of similar exclusive purchasing agreements which Castrol has imposed on the German market. He complains that these agreements preclude the firms which have entered into them for a long period not only from obtaining competing products but also from purchasing Castrol products by means of parallel imports at more favourable prices from other Member States. On account of their restrictive effect on competition, the exclusive purchasing agreements are said to be incompatible with Article 85 of the EEC Treaty.
(3) As a result of this complaint the Directorate-General for Competition, by a letter of 8 October 1982 referring to the legal basis and the purpose of the request and the penalties for supplying incorrect information, requested Castrol to furnish various information with a view to clarifying the facts. The information requested concerns the market position of the undertaking and its behaviour in the Federal Republic of Germany. Castrol did not reply to this request for information. By a letter of 29 November 1982 the Directorate-General for Competition again requested Castrol to answer the questions asked, but without result.
(4) Castrol maintains that the agreement between itself and the complainant cannot infringe Article 85 (1) of the EEC Treaty since it does not affect trade between Member States. Even if
the agreement is regarded as forming part of a group of similar agreements, this would not lead to any different conclusion in view of the weak position of Castrol on the relevant market. In any case, it is claimed that the agreements are covered by Regulation No 67/67/EEC (1). Furthermore, the Commission's questions are not formulated with sufficient precision and are not reasonably relevant to the subject of the investigations.
II
(5) The information requested in Article 1 of this Decision is necessary within the meaning of Article 11 (1) of Regulation No 17, in order to determine the applicability of Article 85 (1) of the Treaty, Articles 1 and 6 of Regulation No 67/67/EEC and Article 7 of Regulation No 19/65/EEC to the exclusive purchasing agreements entered into by Castrol. They are thus within the scope of the power to obtain information conferred on the Commission by Regulation No 17.
(6) As an exclusive purchasing agreement, the agreement described above and now before the Commission may fall under the prohibition of Article 85 (1). Such an agreement, even when concluded merely between undertakings in one Member State, may be such as to affect trade between Member States. This is particularly so when it forms part of a series of similar agreements which, taken either in isolation or together with others, and in the economic and legal context in which they are made, may affect trade between Member States and have as their object or effect the prevention, restriction or distortion of competition. (Judgment of the Court of Justice of the European Communities of 12 December 1967, (1967) ECR 437 - Brasserie de Haecht I). If the requirements of Article 85 (1) of the Treaty were satisfied, it would be necessary to consider the applicability of Regulation No 67/67/EEC. If that Regulation also were found applicable, the Commission would be entitled to consider whether there are sufficient grounds for making use of the power conferred on it by Article 7 of Regulation No 19/65/EEC to withdraw the benefit of group exemption by an individual decision (cf. Judgment of the Court of Justice of the European Communities of 1 February 1977, (1977) ECR 65 - Brouwerij Concordia).
(7) For the the purposes of its examination the Commission needs to ascertain the extent of the exclusive purchasing agreements maintained by Castrol in the Federal Republic of Germany, and the undertaking's economic and market significance. The questions posed are directed to this end. They are concerned merely with data on the activities of Castrol and do not go beyond what is relevant to this case and what Castrol might reasonably be expected to supply.
III
(8) Under Articles 15 (1) (b) and 16 (1) (c) of Regulation No 17 the Commission may, by decision, impose on undertakings or associations of undertakings:
(a) fines of from 100 to 5 000 units of account where, intentionally or negligently, they supply incorrect information in response to a request made pursuant to Article 11 (3) or (5) or do not supply information within the time limit fixed by a decision taken under Article 11 (5);
(b) periodic penalty payments of from 50 to 1 000 units of account per day, calculated from the date appointed by the decision, in order to compel them to supply complete and correct information which it has requested by decision taken pursuant to Article 11 (5),
HAS ADOPTED THIS DECISION:
Article 1
Deutsche Castrol Vertriebsgesellschaft mbH, of Hamburg, is required, within one month of notification of this Decision, to furnish replies to the following questions:
1. Please indicate how many exclusive purchasing agreements of the kind described in I.2 above you have concluded in the Federal Republic of Germany. Please classify these agreements according to their duration as follows:
(a) over 15 years;
(b) 10 to 15 years;
(c) five to 10 years;
(d) less than five years.
2. What was the total turnover of Deutsche Castrol Vertriebsgesellschaft mbH in motor vehicle lubricants in the last financial year?
3. What share of your turnover in lubricants, in terms of value and percentage, is attributable to your business relations with firms which are obliged to purchase exclusively from Castrol in the manner described under I.2?
4. What is your estimate of your market share of lubricants (engine oils, gear oils and greases) in the Federal Republic of Germany:
(a) in total;
(b) in relation to motor vehicle repair workshops?
Article 2
This Decision is addressed to:
Deutsche Castrol Vertriebsgesellschaft mbH,
Esplanade 39,
D-2000 Hamburg 36.
An application for judical review of this Decision may be made to the Court of Justice of the European Communities in Luxembourg within two months of its notification on the conditions laid down in the EEC Treaty, in particular Article 173 and 185.
Done at Brussels, 10 January 1983.
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Commission Decision
of 22 June 2001
on information and publicity measures to be carried out by the beneficiary countries concerning assistance from the Instrument for Structural Policies for Pre-accession (ISPA)
(2001/503/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1267/1999 of 21 June 1999 establishing an Instrument for Structural Policies for Pre-accession(1), and in particular Article 13(2) thereof;
Whereas:
(1) Article 13(1) of Regulation (EC) No 1267/1999 requires that the beneficiary countries of financial assistance under the Instrument for Structural Policies for Pre-accession shall ensure that adequate publicity is given to the measure with a view to:
(a) making the general public aware of the role played by the Community in relation to the measures;
(b) making potential beneficiaries and professional organisations aware of the possibilities afforded by the measures.
(2) Article 13(1) of Regulation (EC) No 1267/1999 stipulates that beneficiary countries small ensure, in particular, that directly visible display panels are erected showing that the measures are being co-financed by the Community, together with the Community, logo and that representatives of the Community institutions are duly involved in the most important public activities connected with Community assistance granted under ISPA.
(3) Article 13(1) of Regulation (EC) No 1267/1999 states that beneficiary countries shall inform the Commission annually of the initiatives taken with regard to information and publicity measures.
(4) Article 13(2) of Regulation (EC) No 1267/1999 stipulates that the Commission shall adopt detailed rules on information and publicity measures.
(5) The Committee referred to in Article 13(2) of Regulation (EC) No 1267/1999, the ISPA Management Committee, has been consulted on the detailed rules on information and publicity measures. The measures provided for in this Decision are in accordance with the opinion of this Committee,
HAS DECIDED AS FOLLOWS:
Article 1
The detailed rules applicable to information and publicity concerning assistance from the Instrument or Structural Policies for Pre-accession under Regulation (EC) No 1267/1999 shall be as defined in the Annex.
Article 2
This Decision shall enter into force the third day following its publication in the Official Journal of the European Communities.
Done at Brussels, 22 June 2001.
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COMMISSION REGULATION (EC) No 2623/1999
of 10 December 1999
amending Regulation (EEC) No 411/88 on the method and the rate of interest to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section(1), as last amended by Regulation (EC) No 1259/96(2), and in particular Article 5 thereof,
Whereas:
(1) Commission Regulation (EEC) No 411/88(3), as last amended by Regulation (EEC) No 1644/89(4), lays down the method and interest rate to be used for calculating the costs of financing intervention measures. It stipulates that the uniform interest rate shall correspond to the interest rates for the ecu for three months and twelve months' forward rates recorded by the Statistical Office of the European Communities on the euromarkets with a weighting of one third and two thirds respectively;
(2) a new European money market reference rate for the euro, known as EURIBOR, was introduced on 1 January 1999 along with the euro. It replaced the various national IBOR rates of the participating Member States and it is published monthly by the European Central Bank;
(3) Article 3 of Regulation (EEC) No 411/88 and the Annex thereto should be amended as a result of the introduction of the euro;
(4) the measures provided for in this Regulation are in accordance with the opinion of the EAGGF Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No411/88 is amended as follows:
1. The first subparagraph of Article 3 is replaced by the following: "The interest rate referred to in Article 5 of Regulation (EEC) No 1883/78 shall correspond to the three months' and twelve months' forward EURIBOR rates with a weighting of one third and two thirds respectively."
2. The Annex is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 October 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 December 1999.
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Commission Regulation (EC) No 7/2002
of 4 January 2002
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 5 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 January 2002.
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Commission Regulation (EC) No 1654/2002
of 17 September 2002
on periodical sales by tender of beef held by certain intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as last amended by Commission Regulation (EC) No 2345/2001(2), and in particular Article 28 (2) thereof,
Whereas:
(1) The application of intervention measures in respect of beef has resulted in a build-up of stocks in several Member States. In order to prevent storage being prolonged excessively, part of those stocks should be put up for sale by periodical tender.
(2) The sale should be conducted in accordance with Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies(3), as last amended by Regulation (EC) No 2417/95(4), and in particular Titles II and III thereof.
(3) In the light of the frequency and nature of tenders under this Regulation it is necessary to derogate from Article 6 and 7 of Regulation (EEC) No 2173/79 with regard to the information and deadlines to be provided by the notice of invitation to tender.
(4) In order to ensure that the sales by tender are conducted properly and uniformly, measures in addition to those provided for in Article 8(1) of Regulation (EEC) No 2173/79 should be adopted.
(5) Provisions should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79 in view of the administrative difficulties which the application of that point is creating in the Member States concerned.
(6) In order to ensure a proper functioning of the tender arrangements it is necessary to provide for a higher amount of security than the one fixed in Article 15(1) of Regulation (EEC) No 2173/79.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The following approximate quantities of intervention beef shall be put up for sale:
- 4000 tonnes of bone-in hindquarters held by the German intervention agency,
- 4000 tonnes of bone-in hindquarters held by the Italian intervention agency,
- 2000 tonnes of bone-in hindquarters held by the Austrian intervention agency,
- 4000 tonnes of bone-in hindquarters held by the French intervention agency,
- 4000 tonnes of bone-in hindquarters held by the Spanish intervention agency,
- 94 tonnes of bone-in hindquarters held by the Danish intervention agency.
2. Subject to the provisions of this Regulation, the sale shall be conducted in accordance with Regulation (EEC) No 2173/79, and in particular Titles II and III thereof.
Article 2
1. Tenders shall be submitted for the following closing dates:
(a) 23 September 2002,
(b) 7 October 2002,
(c) 21 October 2002,
(d) 12 November 2002
until the quantities put up for sale are used up.
2. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up notices of invitation to tender for each sale, setting out in particular:
- the quantities of beef put up for sale, and
- the deadline and place for the submission of tenders.
3. Particulars of the quantities and the places where the products are stored may be obtained by the parties concerned at the addresses set out in the Annex. The intervention agencies shall, in addition, display the notices referred to in paragraph 2 at their head offices and may also publish them in other ways.
4. The intervention agencies concerned shall sell first meat which has been in storage for the longest time. However, Member States may in exceptional cases and after having obtained authorisation from the Commission derogate from that obligation.
5. Only tenders reaching the intervention agencies concerned by 12 noon on the relevant closing date for each sale by tender shall be considered.
6. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, tenders must be submitted to the intervention agency concerned in sealed envelopes bearing a reference to this Regulation and the relevant date. The sealed envelopes must not be opened by the intervention agency before the deadline for submission as referred to in paragraph 5 has expired.
7. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not specify the store or stores where the products are held.
8. Notwithstanding Article 15(1) of Regulation (EEC) No 2173/79, the security shall be EUR 12 per 100 kilograms.
Article 3
1. Not later than the day following the closing date for the submission of tenders, the Member States shall send the Commission details of tenders received.
2. Following scrutiny of the tenders, a minimum selling price shall be set or no award shall be made.
Article 4
The intervention agency shall send each tenderer the information referred to in Article 11 of Regulation (EEC) No 2173/79 by fax.
Article 5
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, 17 September 2002.
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COMMISSION REGULATION (EC) No 1220/2004
of 30 June 2004
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),
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 (2), 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 the second subparagraph of Article 4(1) of Regulation (EC) No 1503/96 results in an adjustment of the import duties that have been fixed as from 24 June 2004 by Commission Regulation (EC) No 1157/2004 (3) 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 adjusted in compliance with Article 4 of Regulation (EC) No 1503/96 and fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 1 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 2004.
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COMMISSION DECISION of 5 October 1993 amending the Decision 91/652/EEC on the establishment of a Community support framework for Community structural assistance in the United Kingdom (Areas outside Objective 1) on the improvement of the conditions under which agricultural products are processed and marketed (Only the English text is authentic)
(93/544/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products (1), modified by Regulation (EEC) No 3577/90 (2), and in particular Article 7 (2) thereof,
Whereas on 10 December 1991 the Commission adopted Decision 91/652/EEC (3) which established the Community support framework for Community interventions under Regulation (EEC) No 866/90 in the United Kingdom without the Objective 1 area of Northern Ireland, covering the period from 1 January 1991 to 31 December 1993;
Whereas additional credits from supplementary indexation and reconstituted credits require a revision of the financial arrangements envisaged for budgetary assistance from the Community;
Whereas the Monitoring Committee set up in the framework of implementation of Regulation (EEC) No 866/90 for the United Kingdom decided on 3 March 1993 to modify the breakdown by sector of the financial plan of the Community support framework;
Whereas the modifications proposed by the Monitoring Committee implies new financial planning of the assistance from the European Agricultural Guidance and Guarantee Fund, Guidance section, relating to the total amount and the amounts per sector foreseen by Article 2 of Decision 91/652/EEC;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee for Agricultural Structures and Rural Development,
HAS ADOPTED THIS DECISION:
Article 1
Article 2 of Commission Decision 91/652/EEC is modified as follows:
'The total cost of the priorities adopted for joint action by the Community and the Member State concerned is ECU 44 024 991 and the financial arrangements envisaged for budgetary assistance from the Community is broken down as follows:
"(1991 prices indexed to 1993 prices in ECU)
1. Meat 16 371 2. Milk and milk products 5 318 3. Eggs and poultry 5 337 4. Cereals 1 331 5. Oil producing crops 499 6. Protein crops 810 7. Potatoes 6 801 8. Fruit and vegetables 5 592 9. Flowers and plants 355 10. Diverse livestock products 582 11. Hops 0 Total 43 001 294
The resultant national financial requirement is ECU 12 053 416 for the public sector and ECU 123 121 200 for the private sector.'
Article 2
This Decision is addressed to the United Kingdom and the Ministry of Agriculture, Fisheries and Food.
Done at Brussels, 5 October 1993.
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Commission Regulation (EC) No 272/2003
of 13 February 2003
fixing the representative prices and the additional import duties for molasses in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar(1), as amended by Commission Regulation (EC) No 680/2002(2),
Having regard to Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68(3), as amended by Regulation (EC) No 79/2003(4), and in particular Article 1(2) and Article 3(1) thereof,
Whereas:
(1) Regulation (EC) No 1422/95 stipulates that the cif import price for molasses, hereinafter referred to as the "representative price", should be set in accordance with Commission Regulation (EEC) No 785/68(5). That price should be fixed for the standard quality defined in Article 1 of the above Regulation.
(2) The representative price for molasses is calculated at the frontier crossing point into the Community, in this case Amsterdam; that price must be based on the most favourable purchasing opportunities on the world market established on the basis of the quotations or prices on that market adjusted for any deviations from the standard quality. The standard quality for molasses is defined in Regulation (EEC) No 785/68.
(3) When the most favourable purchasing opportunities on the world market are being established, account must be taken of all available information on offers on the world market, on the prices recorded on important third-country markets and on sales concluded in international trade of which the Commission is aware, either directly or through the Member States. Under Article 7 of Regulation (EEC) No 785/68, the Commission may for this purpose take an average of several prices as a basis, provided that this average is representative of actual market trends.
(4) The information must be disregarded if the goods concerned are not of sound and fair marketable quality or if the price quoted in the offer relates only to a small quantity that is not representative of the market. Offer prices which can be regarded as not representative of actual market trends must also be disregarded.
(5) If information on molasses of the standard quality is to be comparable, prices must, depending on the quality of the molasses offered, be increased or reduced in the light of the results achieved by applying Article 6 of Regulation (EEC) No 785/68.
(6) A representative price may be left unchanged by way of exception for a limited period if the offer price which served as a basis for the previous calculation of the representative price is not available to the Commission and if the offer prices which are available and which appear not to be sufficiently representative of actual market trends would entail sudden and considerable changes in the representative price.
(7) Where there is a difference between the trigger price for the product in question and the representative price, additional import duties should be fixed under the conditions set out in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(8) Application of these provisions will have the effect of fixing the representative prices and the additional import duties for the products in question as set out in the Annex to this Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 14 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 February 2003.
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Council Regulation (EC) No 834/2007
of 28 June 2007
on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
Organic production is an overall system of farm management and food production that combines best environmental practices, a high level of biodiversity, the preservation of natural resources, the application of high animal welfare standards and a production method in line with the preference of certain consumers for products produced using natural substances and processes. The organic production method thus plays a dual societal role, where it on the one hand provides for a specific market responding to a consumer demand for organic products, and on the other hand delivers public goods contributing to the protection of the environment and animal welfare, as well as to rural development.
(2)
The share of the organic agricultural sector is on the increase in most Member States. Growth in consumer demand in recent years is particularly remarkable. Recent reforms of the common agricultural policy, with its emphasis on market-orientation and the supply of quality products to meet consumer demands, are likely to further stimulate the market in organic produce. Against this background the legislation on organic production plays an increasingly important role in the agricultural policy framework and is closely related to developments in the agricultural markets.
(3)
The Community legal framework governing the sector of organic production should pursue the objective of ensuring fair competition and a proper functioning of the internal market in organic products, and of maintaining and justifying consumer confidence in products labelled as organic. It should further aim at providing conditions under which this sector can progress in line with production and market developments.
(4)
The Communication from the Commission to the Council and the European Parliament on a European Action Plan for Organic Food and Farming proposes to improve and reinforce the Community's organic farming standards and import and inspection requirements. In its conclusions of 18 October 2004, the Council called on the Commission to review the Community legal framework in this field with a view to ensure simplification and overall coherence and in particular to establish principles encouraging harmonisation of standards and, where possible, to reduce the level of detail.
(5)
It is therefore appropriate to define more explicitly the objectives, principles and rules applicable to organic production, in order to contribute to transparency and consumer confidence as well as to a harmonised perception of the concept of organic production.
(6)
To that end, Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (2) should be repealed and replaced by a new regulation.
(7)
A general Community framework of organic production rules should be established with regard to plant, livestock, and aquaculture production, including rules for the collection of wild plants and seaweeds, rules on conversion, as well as rules on the production of processed food, including wine, and feed and organic yeast. The Commission should authorise the use of products and substances and decide on methods to be used in organic farming and in the processing of organic food.
(8)
The development of organic production should be facilitated further, in particular by fostering the use of new techniques and substances better suited to organic production.
(9)
Genetically modified organisms (GMOs) and products produced from or by GMOs are incompatible with the concept of organic production and consumers' perception of organic products. They should therefore not be used in organic farming or in the processing of organic products.
(10)
The aim is to have the lowest possible presence of GMOs in organic products. The existing labelling thresholds represent ceilings which are exclusively linked to the adventitious and technically unavoidable presence of GMOs.
(11)
Organic farming should primarily rely on renewable resources within locally organised agricultural systems. In order to minimise the use of non-renewable resources, wastes and by-products of plant and animal origin should be recycled to return nutrients to the land.
(12)
Organic plant production should contribute to maintaining and enhancing soil fertility as well as to preventing soil erosion. Plants should preferably be fed through the soil eco-system and not through soluble fertilisers added to the soil.
(13)
The essential elements of the organic plant production management system are soil fertility management, choice of species and varieties, multiannual crop rotation, recycling organic materials and cultivation techniques. Additional fertilisers, soil conditioners and plant protection products should only be used if they are compatible with the objectives and principles of organic production.
(14)
Livestock production is fundamental to the organisation of agricultural production on organic holdings in so far as it provides the necessary organic matter and nutrients for cultivated land and accordingly contributes towards soil improvement and the development of sustainable agriculture.
(15)
In order to avoid environmental pollution, in particular of natural resources such as the soil and water, organic production of livestock should in principle provide for a close relationship between such production and the land, suitable multiannual rotation systems and the feeding of livestock with organic-farming crop products produced on the holding itself or on neighbouring organic holdings.
(16)
As organic stock farming is a land-related activity animals should have, whenever possible, access to open air or grazing areas.
(17)
Organic stock farming should respect high animal welfare standards and meet animals' species-specific behavioural needs while animal-health management should be based on disease prevention. In this respect, particular attention should be paid to housing conditions, husbandry practices and stocking densities. Moreover, the choice of breeds should take account of their capacity to adapt to local conditions. The implementing rules for livestock production and aquaculture production should at least ensure compliance with the provisions of the European Convention for the Protection of Animals kept for Farming purposes and the subsequent recommendations by its standing committee (T-AP).
(18)
The organic livestock production system should aim at completing the production cycles of the different livestock species with organically reared animals. It should therefore encourage the increase of the gene pool of organic animals, improve self reliance and thus ensure the development of the sector.
(19)
Organic processed products should be produced by the use of processing methods which guarantee that the organic integrity and vital qualities of the product are maintained through all stages of the production chain.
(20)
Processed food should be labelled as organic only where all or almost all the ingredients of agricultural origin are organic. However, special labelling provisions should be laid down for processed foods which include agricultural ingredients that cannot be obtained organically, as it is the case for products of hunting and fishing. Moreover, for the purpose of consumer information, transparency in the market and to stimulate the use of organic ingredients, it should also be made possible to refer to organic production in the ingredients list under certain conditions.
(21)
It is appropriate to provide for flexibility as regards the application of production rules, so as to make it possible to adapt organic standards and requirements to local climatic or geographic conditions, specific husbandry practices and stages of development. This should allow for the application of exceptional rules, but only within the limits of specific conditions laid down in Community legislation.
(22)
It is important to maintain consumer confidence in organic products. Exceptions from the requirements applicable to organic production should therefore be strictly limited to cases where the application of exceptional rules is deemed to be justified.
(23)
For the sake of consumer protection and fair competition, the terms used to indicate organic products should be protected from being used on non-organic products throughout the Community and independently of the language used. The protection should also apply to the usual derivatives or diminutives of those terms, whether they are used alone or combined.
(24)
In order to create clarity for consumers throughout the Community market, the EU-logo should be made obligatory for all organic pre-packaged food produced within the Community. It should otherwise be possible to use the EU-logo on a voluntary basis in the case of non pre-packaged organic products produced within the Community or any organic products imported from third countries.
(25)
It is however considered appropriate to limit the use of the EU-logo to products which contain only, or almost only, organic ingredients in order not to mislead consumers as to the organic nature of the entire product. It should therefore not be allowed to use it in the labelling of in-conversion products or processed foodstuffs of which less than 95 % of its ingredients of agricultural origin are organic.
(26)
The EU-logo should under no circumstances prevent the simultaneous use of national or private logos.
(27)
Moreover, for the sake of avoiding deceptive practices and any possible confusion amongst consumers on the Community or non-Community origin of the product, whenever the EU-logo is used, consumers should be informed about the place were the agricultural raw materials of which the product is composed have been farmed.
(28)
The Community rules should promote a harmonised concept of organic production. The competent authorities, control authorities and control bodies should refrain from any conduct that might create obstacles to the free movement of compliant products that have been certified by an authority or body located in another Member State. They should in particular not impose any additional controls or financial burdens.
(29)
For the sake of consistency with Community legislation in other fields, in the case of plant and livestock production, Member States should be allowed to apply within their own territories, national production rules which are stricter than the Community organic production rules, provided that these national rules also apply to non-organic production and are otherwise in conformity with Community law.
(30)
The use of GMOs in organic production is prohibited. For the sake of clarity and coherence, it should not be possible to label a product as organic where it has to be labelled as containing GMOs, consisting of GMOs or produced from GMOs.
(31)
In order to ensure that organic products are produced in accordance with the requirements laid down under the Community legal framework on organic production, activities performed by operators at all stages of production, preparation and distribution of organic products should be submitted to a control system set up and managed in conformity with the rules laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3).
(32)
It might in some cases appear disproportionate to apply notification and control requirements to certain types of retail operators, such as those who sell products directly to the final consumer or user. It is therefore appropriate to allow Member States to exempt such operators from these requirements. However, in order to avoid fraud it is necessary to exclude from the exemption those retail operators who produce, prepare or store products other than in connection with the point of sale, or who import organic products or who have contracted out the aforesaid activities to a third party.
(33)
Organic products imported into the European Community should be allowed to be placed on the Community market as organic, where they have been produced in accordance with production rules and subject to control arrangements that are in compliance with or equivalent to those laid down in Community legislation. In addition, the products imported under an equivalent system should be covered by a certificate issued by the competent authority, or recognised control authority or body of the third country concerned.
(34)
The assessment of equivalency with regard to imported products should take into account the international standards laid down in Codex Alimentarius.
(35)
It is considered appropriate to maintain the list of third countries recognised by the Commission as having production standards and control arrangement which are equivalent to those provided for in Community legislation. For third countries which are not included in that list, the Commission should set up a list of control authorities and control bodies recognised as being competent for the task of ensuring controls and certification in third countries concerned.
(36)
Relevant statistical information should be collected in order to obtain reliable data needed for the implementation and follow-up of this Regulation and as a tool for producers, market operators and policy makers. The statistical information needed should be defined within the context of the Community Statistical Programme.
(37)
This Regulation should apply from a date which gives the Commission sufficient time to adopt the measures necessary for its implementation.
(38)
The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).
(39)
The dynamic evolution of the organic sector, certain highly sensitive issues linked to the organic production method and the need to ensure a smooth functioning of the internal market and control system makes it appropriate to provide for a future review of the Community rules on organic farming, taking into account the experience gained from the application of these rules.
(40)
Pending the adoption of detailed Community production rules for certain animal species and aquatic plants and micro-algae, Member States should have the possibility to provide for the application of national standards or, in the absence thereof, private standards accepted or recognised by the Member States,
HAS ADOPTED THIS REGULATION:
TITLE I
AIM, SCOPE AND DEFINITIONS
Article 1
Aim and scope
1. This Regulation provides the basis for the sustainable development of organic production while ensuring the effective functioning of the internal market, guaranteeing fair competition, ensuring consumer confidence and protecting consumer interests.
It establishes common objectives and principles to underpin the rules set out under this Regulation concerning:
(a)
all stages of production, preparation and distribution of organic products and their control;
(b)
the use of indications referring to organic production in labelling and advertising.
2. This Regulation shall apply to the following products originating from agriculture, including aquaculture, where such products are placed on the market or are intended to be placed on the market:
(a)
live or unprocessed agricultural products;
(b)
processed agricultural products for use as food;
(c)
feed;
(d)
vegetative propagating material and seeds for cultivation.
The products of hunting and fishing of wild animals shall not be considered as organic production.
This Regulation shall also apply to yeasts used as food or feed.
3. This Regulation shall apply to any operator involved in activities, at any stage of production, preparation and distribution, relating to the products set out in paragraph 2.
However, mass catering operations shall not be subject to this Regulation. Member States may apply national rules or, in the absence thereof, private standards, on labelling and control of products originating from mass catering operations, in so far as the said rules comply with Community Law.
4. This Regulation shall apply without prejudice to other community provisions or national provisions, in conformity with Community law concerning products specified in this Article, such as provisions governing the production, preparation, marketing, labelling and control, including legislation on foodstuffs and animal nutrition.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(a)
‘organic production’ means the use of the production method compliant with the rules established in this Regulation, at all stages of production, preparation and distribution;
(b)
‘stages of production, preparation and distribution’ means any stage from and including the primary production of an organic product up to and including its storage, processing, transport, sale or supply to the final consumer, and where relevant labelling, advertising, import, export and subcontracting activities;
(c)
‘organic’ means coming from or related to organic production;
(d)
‘operator’ means the natural or legal persons responsible for ensuring that the requirements of this Regulation are met within the organic business under their control;
(e)
‘plant production’ means production of agricultural crop products including harvesting of wild plant products for commercial purposes;
(f)
‘livestock production’ means the production of domestic or domesticated terrestrial animals (including insects);
(g)
the definition of ‘aquaculture’ is that given in Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (5);
(h)
‘conversion’ means the transition from non organic to organic farming within a given period of time, during which the provisions concerning the organic production have been applied;
(i)
‘preparation’ means the operations of preserving and/or processing of organic products, including slaughter and cutting for livestock products, and also packaging, labelling and/or alterations made to the labelling concerning the organic production method;
(j)
the definitions of ‘food’, ‘feed’ and ‘placing on the market’ are those given in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (6);
(k)
‘labelling’ means any terms, words, particulars, trade marks, brand name, pictorial matter or symbol relating to and placed on any packaging, document, notice, label, board, ring or collar accompanying or referring to a product;
(l)
the definition of ‘pre-packaged foodstuff’ is that given in Article 1(3)(b) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (7);
(m)
‘advertising’ means any representation to the public, by any means other than a label, that is intended or is likely to influence and shape attitude, beliefs and behaviours in order to promote directly or indirectly the sale of organic products;
(n)
‘competent authority’ means the central authority of a Member State competent for the organisation of official controls in the field of organic production in accordance with the provisions set out under this Regulation, or any other authority on which that competence has been conferred to; it shall also include, where appropriate, the corresponding authority of a third country;
(o)
‘control authority’ means a public administrative organisation of a Member State to which the competent authority has conferred, in whole or in part, its competence for the inspection and certification in the field of organic production in accordance with the provisions set out under this Regulation; it shall also include, where appropriate, the corresponding authority of a third country or the corresponding authority operating in a third country;
(p)
‘control body’ means an independent private third party carrying out inspection and certification in the field of organic production in accordance with the provisions set out under this Regulation; it shall also include, where appropriate, the corresponding body of a third country or the corresponding body operating in a third country;
(q)
‘mark of conformity’ means the assertion of conformity to a particular set of standards or other normative documents in the form of a mark;
(r)
the definition of ‘ingredients’ is that given in Article 6(4) of Directive 2000/13/EC;
(s)
the definition of ‘plant protection products’ is that given in Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (8);
(t)
the definition of ‘Genetically modified organism (GMO)’ is that given in 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 (9) and which is not obtained through the techniques of genetic modifications listed in Annex I.B of that Directive;
(u)
‘produced from GMOs’ means derived in whole or in part from GMOs but not containing or consisting of GMOs;
(v)
‘produced by GMOs’ means derived by using a GMO as the last living organism in the production process, but not containing or consisting of GMOs nor produced from GMOs;
(w)
the definition of ‘feed additives’ is that given in Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (10);
(x)
‘equivalent’, in describing different systems or measures, means that they are capable of meeting the same objectives and principles by applying rules which ensure the same level of assurance of conformity;
(y)
‘processing aid’ means any substance not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or their ingredients, to fulfil a certain technological purpose during treatment or processing and which may result in the unintentional but technically unavoidable presence of residues of the substance or its derivatives in the final product, provided that these residues do not present any health risk and do not have any technological effect on the finished product;
(z)
the definition of ‘ionising radiation’ is that given in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (11) and as restricted by Article 1(2) of Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation (12).
(aa)
‘mass catering operations’ means the preparation of organic products in restaurants, hospitals, canteens and other similar food business at the point of sale or delivery to the final consumer.
TITLE II
OBJECTIVES AND PRINCIPLES FOR ORGANIC PRODUCTION
Article 3
Objectives
Organic production shall pursue the following general objectives:
(a)
establish a sustainable management system for agriculture that:
(i)
respects nature's systems and cycles and sustains and enhances the health of soil, water, plants and animals and the balance between them;
(ii)
contributes to a high level of biological diversity;
(iii)
makes responsible use of energy and the natural resources, such as water, soil, organic matter and air;
(iv)
respects high animal welfare standards and in particular meets animals’ species-specific behavioural needs;
(b)
aim at producing products of high quality;
(c)
aim at producing a wide variety of foods and other agricultural products that respond to consumers’ demand for goods produced by the use of processes that do not harm the environment, human health, plant health or animal health and welfare.
Article 4
Overall principles
Organic production shall be based on the following principles:
(a)
the appropriate design and management of biological processes based on ecological systems using natural resources which are internal to the system by methods that:
(i)
use living organisms and mechanical production methods;
(ii)
practice land-related crop cultivation and livestock production or practice aquaculture which complies with the principle of sustainable exploitation of fisheries;
(iii)
exclude the use of GMOs and products produced from or by GMOs with the exception of veterinary medicinal products;
(iv)
are based on risk assessment, and the use of precautionary and preventive measures, when appropriate;
(b)
the restriction of the use of external inputs. Where external inputs are required or the appropriate management practices and methods referred to in paragraph (a) do not exist, these shall be limited to:
(i)
inputs from organic production;
(ii)
natural or naturally-derived substances;
(iii)
low solubility mineral fertilisers;
(c)
the strict limitation of the use of chemically synthesised inputs to exceptional cases these being:
(i)
where the appropriate management practices do not exist; and
(ii)
the external inputs referred to in paragraph (b) are not available on the market; or
(iii)
where the use of external inputs referred to in paragraph (b) contributes to unacceptable environmental impacts;
(d)
the adaptation, where necessary, and within the framework of this Regulation, of the rules of organic production taking account of sanitary status, regional differences in climate and local conditions, stages of development and specific husbandry practices.
Article 5
Specific principles applicable to farming
In addition to the overall principles set out in Article 4, organic farming shall be based on the following specific principles:
(a)
the maintenance and enhancement of soil life and natural soil fertility, soil stability and soil biodiversity preventing and combating soil compaction and soil erosion, and the nourishing of plants primarily through the soil ecosystem;
(b)
the minimisation of the use of non-renewable resources and off-farm inputs;
(c)
the recycling of wastes and by-products of plant and animal origin as input in plant and livestock production;
(d)
taking account of the local or regional ecological balance when taking production decisions;
(e)
the maintenance of animal health by encouraging the natural immunological defence of the animal, as well as the selection of appropriate breeds and husbandry practices;
(f)
the maintenance of plant health by preventative measures, such as the choice of appropriate species and varieties resistant to pests and diseases, appropriate crop rotations, mechanical and physical methods and the protection of natural enemies of pests;
(g)
the practice of site-adapted and land-related livestock production;
(h)
the observance of a high level of animal welfare respecting species-specific needs;
(i)
the production of products of organic livestock from animals that have been raised on organic holdings since birth or hatching and throughout their life;
(j)
the choice of breeds having regard to the capacity of animals to adapt to local conditions, their vitality and their resistance to disease or health problems;
(k)
the feeding of livestock with organic feed composed of agricultural ingredients from organic farming and of natural non-agricultural substances;
(l)
the application of animal husbandry practices, which enhance the immune system and strengthen the natural defence against diseases, in particular including regular exercise and access to open air areas and pastureland where appropriate;
(m)
the exclusion of rearing artificially induced polyploid animals;
(n)
the maintenance of the biodiversity of natural aquatic ecosystems, the continuing health of the aquatic environment and the quality of surrounding aquatic and terrestrial ecosystems in aquaculture production;
(o)
the feeding of aquatic organisms with feed from sustainable exploitation of fisheries as defined in Article 3 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (13) or with organic feed composed of agricultural ingredients from organic farming and of natural non-agricultural substances.
Article 6
Specific principles applicable to processing of organic food
In addition to the overall principles set out in Article 4, the production of processed organic food shall be based on the following specific principles:
(a)
the production of organic food from organic agricultural ingredients, except where an ingredient is not available on the market in organic form;
(b)
the restriction of the use of food additives, of non organic ingredients with mainly technological and sensory functions and of micronutrients and processing aids, so that they are used to a minimum extent and only in case of essential technological need or for particular nutritional purposes;
(c)
the exclusion of substances and processing methods that might be misleading regarding the true nature of the product;
(d)
the processing of food with care, preferably with the use of biological, mechanical and physical methods.
Article 7
Specific principles applicable to processing of organic feed
In addition to the overall principles set out in Article 4, the production of processed organic feed shall be based on the following specific principles:
(a)
the production of organic feed from organic feed materials, except where a feed material is not available on the market in organic form;
(b)
the restriction of the use of feed additives and processing aids to a minimum extent and only in case of essential technological or zootechnical needs or for particular nutritional purposes;
(c)
the exclusion of substances and processing methods that might be misleading as to the true nature of the product;
(d)
the processing of feed with care, preferably with the use of biological, mechanical and physical methods.
TITLE III
PRODUCTION RULES
CHAPTER 1
General production rules
Article 8
General requirements
Operators shall comply with the production rules set out in this Title and with the implementing rules provided for in Article 38(a).
Article 9
Prohibition on the use of GMOs
1. GMOs and products produced from or by GMOs shall not be used as food, feed, processing aids, plant protection products, fertilisers, soil conditioners, seeds, vegetative propagating material, micro-organisms and animals in organic production.
2. For the purpose of the prohibition referred to in paragraph 1 concerning GMOs or products produced from GMOs for food and feed, operators may rely on the labels accompanying a product or any other accompanying document, affixed or provided pursuant to Directive 2001/18/EC, Regulation (EC) 1829/2003 of the European Parliament and the Council of 22 September 2003 on genetically modified food and feed (14) or Regulation (EC) 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms.
Operators may assume that no GMOs or products produced from GMOs have been used in the manufacture of purchased food and feed products when the latter are not labelled, or accompanied by a document, pursuant to those Regulations, unless they have obtained other information indicating that labelling of the products in question is not in conformity with those Regulations.
3. For the purpose of the prohibition referred to in paragraph 1, with regard to products not being food or feed, or products produced by GMOs, operators using such non-organic products purchased from third parties shall require the vendor to confirm that the products supplied have not been produced from or by GMOs.
4. The Commission shall decide on measures implementing the prohibition on the use of GMOs and products produced from or by GMOs in accordance with the procedure referred to in Article 37(2).
Article 10
Prohibition on the use of ionising radiation
The use of ionising radiation for the treatment of organic food or feed, or of raw materials used in organic food or feed is prohibited.
CHAPTER 2
Farm production
Article 11
General farm production rules
The entire agricultural holding shall be managed in compliance with the requirements applicable to organic production.
However, in accordance with specific conditions to be laid down in accordance with the procedure referred to in Article 37(2), a holding may be split up into clearly separated units or aquaculture production sites which are not all managed under organic production. As regards animals, different species shall be involved. As regards aquaculture the same species may be involved, provided that there is adequate separation between the production sites. As regards plants, different varieties that can be easily differentiated shall be involved.
Where, in accordance with the second subparagraph, not all units of a holding are used for organic production, the operator shall keep the land, animals, and products used for, or produced by, the organic units separate from those used for, or produced by, the non-organic units and keep adequate records to show the separation.
Article 12
Plant production rules
1. In addition to the general farm production rules laid down in Article 11, the following rules shall apply to organic plant production:
(a)
organic plant production shall use tillage and cultivation practices that maintain or increase soil organic matter, enhance soil stability and soil biodiversity, and prevent soil compaction and soil erosion;
(b)
the fertility and biological activity of the soil shall be maintained and increased by multiannual crop rotation including legumes and other green manure crops, and by the application of livestock manure or organic material, both preferably composted, from organic production;
(c)
the use of biodynamic preparations is allowed;
(d)
in addition, fertilisers and soil conditioners may only be used if they have been authorised for use in organic production under Article 16;
(e)
mineral nitrogen fertilisers shall not be used;
(f)
all plant production techniques used shall prevent or minimise any contribution to the contamination of the environment;
(g)
the prevention of damage caused by pests, diseases and weeds shall rely primarily on the protection by natural enemies, the choice of species and varieties, crop rotation, cultivation techniques and thermal processes;
(h)
in the case of an established threat to a crop, plant protection products may only be used if they have been authorised for use in organic production under Article 16;
(i)
for the production of products other than seed and vegetative propagating material only organically produced seed and propagating material shall be used. To this end, the mother plant in the case of seeds and the parent plant in the case of vegetative propagating material shall have been produced in accordance with the rules laid down in this Regulation for at least one generation, or, in the case of perennial crops, two growing seasons;
(j)
products for cleaning and disinfection in plant production shall be used only if they have been authorised for use in organic production under Article 16.
2. The collection of wild plants and parts thereof, growing naturally in natural areas, forests and agricultural areas is considered an organic production method provided that:
(a)
those areas have not, for a period of at least three years before the collection, received treatment with products other than those authorised for use in organic production under Article 16;
(b)
the collection does not affect the stability of the natural habitat or the maintenance of the species in the collection area.
3. The measures necessary for the implementation of the production rules contained in this Article shall be adopted in accordance with the procedure referred to in Article 37(2).
Article 13
Production rules for seaweed
1. The collection of wild seaweeds and parts thereof, growing naturally in the sea, is considered as an organic production method provided that:
(a)
the growing areas are of high ecological quality as defined by Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (15) and, pending its implementation, of a quality equivalent to designated waters under Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters (16), and are not unsuitable from a health point of view. Pending more detailed rules to be introduced in implementing legislation, wild edible seaweeds shall not be collected in areas which would not meet the criteria for Class A or Class B areas as defined in Annex II of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (17);
(b)
the collection does not affect the long term stability of the natural habitat or the maintenance of the species in the collection area.
2. The farming of seaweeds shall take place in coastal areas with environmental and health characteristics at least equivalent to those outlined in paragraph 1 in order to be considered organic. In addition to this:
(a)
sustainable practices shall be used in all stages of production, from collection of juvenile seaweed to harvesting;
(b)
to ensure that a wide gene-pool is maintained, the collection of juvenile seaweed in the wild should take place on a regular basis to supplement indoor culture stock;
(c)
fertilisers shall not be used except in indoor facilities and only if they have been authorised for use in organic production for this purpose under Article 16.
3. The measures necessary for the implementation of production rules contained in this Article shall be adopted in accordance with the procedure referred to in Article 37(2).
Article 14
Livestock production rules
1. In addition to the general farm production rules laid down in Article 11, the following rules shall apply to livestock production:
(a)
with regard to the origin of the animals:
(i)
organic livestock shall be born and raised on organic holdings;
(ii)
for breeding purposes, non-organically raised animals may be brought onto a holding under specific conditions. Such animals and their products may be deemed organic after compliance with the conversion period referred to in Article 17(1)(c);
(iii)
animals existing on the holding at the beginning of the conversion period and their products may be deemed organic after compliance with the conversion period referred to in Article 17(1)(c);
(b)
with regard to husbandry practices and housing conditions:
(i)
personnel keeping animals shall possess the necessary basic knowledge and skills as regards the health and the welfare needs of the animals;
(ii)
husbandry practices, including stocking densities, and housing conditions shall ensure that the developmental, physiological and ethological needs of animals are met;
(iii)
the livestock shall have permanent access to open air areas, preferably pasture, whenever weather conditions and the state of the ground allow this unless restrictions and obligations related to the protection of human and animal health are imposed on the basis of Community legislation;
(iv)
the number of livestock shall be limited with a view to minimising overgrazing, poaching of soil, erosion, or pollution caused by animals or by the spreading of their manure;
(v)
organic livestock shall be kept separate from other livestock. However, grazing of common land by organic animals and of organic land by non-organic animals is permitted under certain restrictive conditions;
(vi)
tethering or isolation of livestock shall be prohibited, unless for individual animals for a limited period of time, and in so far as this is justified for safety, welfare or veterinary reasons;
(vii)
duration of transport of livestock shall be minimised;
(viii)
any suffering, including mutilation, shall be kept to a minimum during the entire life of the animal, including at the time of slaughter;
(ix)
apiaries shall be placed in areas which ensure nectar and pollen sources consisting essentially of organically produced crops or, as appropriate, of spontaneous vegetation or non-organically managed forests or crops that are only treated with low environmental impact methods. Apiaries shall be kept at sufficient distance from sources that may lead to the contamination of beekeeping products or to the poor health of the bees;
(x)
hives and materials used in beekeeping shall be mainly made of natural materials;
(xi)
the destruction of bees in the combs as a method associated with the harvesting of beekeeping products is prohibited;
(c)
with regard to breeding:
(i)
reproduction shall use natural methods. Artificial insemination is however allowed;
(ii)
reproduction shall not be induced by treatment with hormones or similar substances, unless as a form of veterinary therapeutic treatment in case of an individual animal;
(iii)
other forms of artificial reproduction, such as cloning and embryo transfer, shall not be used;
(iv)
appropriate breeds shall be chosen. The choice of breeds shall also contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals;
(d)
with regard to feed:
(i)
primarily obtaining feed for livestock from the holding where the animals are kept or from other organic holdings in the same region;
(ii)
livestock shall be fed with organic feed that meets the animal's nutritional requirements at the various stages of its development. A part of the ration may contain feed from holdings which are in conversion to organic farming;
(iii)
with the exception of bees, livestock shall have permanent access to pasture or roughage;
(iv)
non organic feed materials from plant origin, feed materials from animal and mineral origin, feed additives, certain products used in animal nutrition and processing aids shall be used only if they have been authorised for use in organic production under Article 16;
(v)
growth promoters and synthetic amino-acids shall not be used;
(vi)
suckling mammals shall be fed with natural, preferably maternal, milk;
(e)
with regard to disease prevention and veterinary treatment:
(i)
disease prevention shall be based on breed and strain selection, husbandry management practices, high quality feed and exercise, appropriate stocking density and adequate and appropriate housing maintained in hygienic conditions;
(ii)
disease shall be treated immediately to avoid suffering to the animal; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under strict conditions, when the use of phytotherapeutic, homeopathic and other products is inappropriate. In particular restrictions with respect to courses of treatment and withdrawal periods shall be defined;
(iii)
the use of immunological veterinary medicines is allowed;
(iv)
treatments related to the protection of human and animal health imposed on the basis of Community legislation shall be allowed;
(f)
with regard to cleaning and disinfection, products for cleaning and disinfection in livestock buildings and installations, shall be used only if they have been authorised for use in organic production under Article 16.
2. The measures and conditions necessary for the implementation of the production rules contained in this Article shall be adopted in accordance with the procedure referred to in Article 37(2).
Article 15
Production rules for aquaculture animals
1. In addition to the general farm production rules laid down in Article 11, the following rules shall apply to aquaculture animal production:
(a)
with regard to the origin of the aquaculture animals:
(i)
organic aquaculture shall be based on the rearing of young stock originating from organic broodstock and organic holdings;
(ii)
when young stock from organic broodstock or holdings are not available, non-organically produced animals may be brought onto a holding under specific conditions;
(b)
with regard to husbandry practices:
(i)
personnel keeping animals shall possess the necessary basic knowledge and skills as regards the health and the welfare needs of the animals;
(ii)
husbandry practices, including feeding, design of installations, stocking densities and water quality shall ensure that the developmental, physiological and behavioural needs of animals are met;
(iii)
husbandry practices shall minimise negative environmental impact from the holding, including the escape of farmed stock;
(iv)
organic animals shall be kept separate from other aquaculture animals;
(v)
transport shall ensure that the welfare of animals is maintained;
(vi)
any suffering of the animals including the time of slaughtering shall be kept to a minimum;
(c)
with regard to breeding:
(i)
artificial induction of polyploidy, artificial hybridisation, cloning and production of monosex strains, except by hand sorting, shall not be used;
(ii)
the appropriate strains shall be chosen;
(iii)
species-specific conditions for broodstock management, breeding and juvenile production shall be established;
(d)
with regard to feed for fish and crustaceans:
(i)
animals shall be fed with feed that meets the animal's nutritional requirements at the various stages of its development;
(ii)
the plant fraction of feed shall originate from organic production and the feed fraction derived from aquatic animals shall originate from sustainable exploitation of fisheries;
(iii)
in the case of non-organic feed materials from plant origin, feed materials from animal and mineral origin, feed additives, certain products used in animal nutrition and processing aids shall be used only if they have been authorised for use in organic production under Article 16;
(iv)
growth promoters and synthetic amino-acids shall not be used;
(e)
with regard to bivalve molluscs and other species which are not fed by man but feed on natural plankton:
(i)
such filter-feeding animals shall receive all their nutritional requirements from nature except in the case of juveniles reared in hatcheries and nurseries;
(ii)
they shall be grown in waters which meet the criteria for Class A or Class B areas as defined in Annex II of Regulation (EC) No 854/2004;
(iii)
the growing areas shall be of high ecological quality as defined by Directive 2000/60/EC and, pending its implementation of a quality equivalent to designated waters under Directive 2006/113/EC;
(f)
with regard to disease prevention and veterinary treatment:
(i)
disease prevention shall be based on keeping the animals in optimal conditions by appropriate siting, optimal design of the holdings, the application of good husbandry and management practices, including regular cleaning and disinfection of premises, high quality feed, appropriate stocking density, and breed and strain selection;
(ii)
disease shall be treated immediately to avoid suffering to the animal; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under strict conditions, when the use of phytotherapeutic, homeopathic and other products is inappropriate. In particular restrictions with respect to courses of treatment and withdrawal periods shall be defined;
(iii)
the use of immunological veterinary medicines is allowed;
(iv)
treatments related to the protection of human and animal health imposed on the basis of Community legislation shall be allowed.
(g)
With regard to cleaning and disinfection, products for cleaning and disinfection in ponds, cages, buildings and installations, shall be used only if they have been authorised for use in organic production under Article 16.
2. The measures and conditions necessary for the implementation of the production rules contained in this Article shall be adopted in accordance with the procedure referred to in Article 37(2).
Article 16
Products and substances used in farming and criteria for their authorisation
1. The Commission shall, in accordance with the procedure referred to in Article 37(2), authorise for use in organic production and include in a restricted list the products and substances, which may be used in organic farming for the following purposes:
(a)
as plant protection products;
(b)
as fertilisers and soil conditioners;
(c)
as non-organic feed materials from plant origin, feed material from animal and mineral origin and certain substances used in animal nutrition;
(d)
as feed additives and processing aids;
(e)
as products for cleaning and disinfection of ponds, cages, buildings and installations for animal production;
(f)
as products for cleaning and disinfection of buildings and installations used for plant production, including storage on an agricultural holding.
Products and substances contained in the restricted list may only be used in so far as the corresponding use is authorised in general agriculture in the Member States concerned in accordance with the relevant Community provisions or national provisions in conformity with Community law.
2. The authorisation of the products and substances referred to in paragraph 1 is subject to the objectives and principles laid down in Title II and the following general and specific criteria which shall be evaluated as a whole:
(a)
their use is necessary for sustained production and essential for its intended use;
(b)
all products and substances shall be of plant, animal, microbial or mineral origin except where products or substances from such sources are not available in sufficient quantities or qualities or if alternatives are not available;
(c)
in the case of products referred to in paragraph 1(a), the following shall apply:
(i)
their use is essential for the control of a harmful organism or a particular disease for which other biological, physical or breeding alternatives or cultivation practices or other effective management practices are not available;
(ii)
if products are not of plant, animal, microbial or mineral origin and are not identical to their natural form, they may be authorised only if their conditions for use preclude any direct contact with the edible parts of the crop;
(d)
in the case of products referred to in paragraph 1(b), their use is essential for obtaining or maintaining the fertility of the soil or to fulfil specific nutrition requirements of crops, or specific soil-conditioning purposes;
(e)
in the case of products referred to in paragraph 1(c) and (d), the following shall apply:
(i)
they are necessary to maintain animal health, animal welfare and vitality and contribute to an appropriate diet fulfilling the physiological and behavioural needs of the species concerned or it would be impossible to produce or preserve such feed without having recourse to such substances;
(ii)
feed of mineral origin, trace elements, vitamins or provitamins shall be of natural origin. In case these substances are unavailable, chemically well-defined analogic substances may be authorised for use in organic production.
3.
(a)
The Commission may, in accordance with the procedure referred to in Article 37(2), lay down conditions and limits as regards the agricultural products to which the products and substances referred to in paragraph 1 can be applied to, the application method, the dosage, the time limits for use and the contact with agricultural products and, if necessary, decide on the withdrawal of these products and substances.
(b)
Where a Member State considers that a product or substance should be added to, or withdrawn from the list referred to in paragraph 1, or that the specifications of use mentioned in subparagraph (a) should be amended, the Member State shall ensure that a dossier giving the reasons for the inclusion, withdrawal or amendments is sent officially to the Commission and to the Member States.
Requests for amendment or withdrawal, as well as decisions thereon, shall be published.
(c)
Products and substances used before adoption of this Regulation for purposes corresponding to those laid down in paragraph 1 of this Article, may continue to be used after said adoption. The Commission may in any case withdraw such products or substances in accordance with Article 37(2).
4. Member States may regulate, within their territory, the use of products and substances in organic farming for purposes different than those mentioned in paragraph 1 provided their use is subject to objectives and principles laid down in Title II and the general and specific criteria set out in paragraph 2, and in so far as it respects Community law. The Member State concerned shall inform other Member States and the Commission of such national rules.
5. The use of products and substances not covered under paragraph 1 and 4, and subject to the objectives and principles laid down in Title II and the general criteria in this Article, shall be allowed in organic farming.
Article 17
Conversion
1. The following rules shall apply to a farm on which organic production is started:
(a)
the conversion period shall start at the earliest when the operator has notified his activity to the competent authorities and subjected his holding to the control system in accordance with Article 28(1);
(b)
during the conversion period all rules established by this Regulation shall apply;
(c)
conversion periods specific to the type of crop or animal production shall be defined;
(d)
on a holding or unit partly under organic production and partly in conversion to organic production, the operator shall keep the organically produced and in-conversion products separate and the animals separate or readily separable and keep adequate records to show the separation;
(e)
in order to determine the conversion period referred to above, a period immediately preceding the date of the start of the conversion period, may be taken into account, in so far as certain conditions concur;
(f)
animals and animal products produced during the conversion period referred to in subparagraph (c) shall not be marketed with the indications referred to in Articles 23 and 24 used in the labelling and advertising of products.
2. The measures and conditions necessary for the implementation of the rules contained in this Article, and in particular the periods referred to in paragraph 1(c) to (f) shall be defined in accordance with the procedure referred to in Article 37(2).
CHAPTER 3
Production of processed feed
Article 18
General rules on the production of processed feed
1. Production of processed organic feed shall be kept separate in time or space from production of processed non organic feed.
2. Organic feed materials, or feed materials from production in conversion, shall not enter simultaneously with the same feed materials produced by non organic means into the composition of the organic feed product.
3. Any feed materials used or processed in organic production shall not have been processed with the aid of chemically synthesised solvents.
4. Substances and techniques that reconstitute properties that are lost in the processing and storage of organic feed, that correct the results of negligence in the processing or that otherwise may be misleading as to the true nature of these products shall not be used.
5. The measures and conditions necessary for the implementation of the production rules contained in this Article shall be adopted in accordance with the procedure referred to in Article 37(2).
CHAPTER 4
Production of processed food
Article 19
General rules on the production of processed food
1. The preparation of processed organic food shall be kept separate in time or space from non-organic food.
2. The following conditions shall apply to the composition of organic processed food:
(a)
the product shall be produced mainly from ingredients of agricultural origin; in order to determine whether a product is produced mainly from ingredients of agricultural origin added water and cooking salt shall not be taken into account;
(b)
only additives, processing aids, flavourings, water, salt, preparations of micro-organisms and enzymes, minerals, trace elements, vitamins, as well as amino acids and other micronutrients in foodstuffs for particular nutritional uses may be used, and only in so far as they have been authorised for use in organic production in accordance with Article 21;
(c)
non-organic agricultural ingredients may be used only if they have been authorised for use in organic production in accordance with Article 21 or have been provisionally authorised by a Member State;
(d)
an organic ingredient shall not be present together with the same ingredient in non-organic form or an ingredient in conversion;
(e)
food produced from in-conversion crops shall contain only one crop ingredient of agricultural origin.
3. Substances and techniques that reconstitute properties that are lost in the processing and storage of organic food, that correct the results of negligence in the processing of these products or that otherwise may be misleading as to the true nature of these products shall not be used.
The measures necessary for the implementation of the production rules contained in this Article, and in particular regarding processing methods and the conditions for the provisional authorisation by Member States mentioned in paragraph 2(c), shall be adopted in accordance with the procedure referred to in Article 37(2).
Article 20
General rules on the production of organic yeast
1. For the production of organic yeast only organically produced substrates shall be used. Other products and substances may only be used in so far as they have been authorised for use in organic production in accordance with Article 21.
2. Organic yeast shall not be present in organic food or feed together with non-organic yeast.
3. Detailed production rules may be laid down in accordance with the procedure referred to in Article 37(2).
Article 21
Criteria for certain products and substances in processing
1. The authorisation of products and substances for use in organic production and their inclusion in a restricted list of the products and substances referred to in Article 19(2)(b) and (c) shall be subject to the objectives and principles laid down in Title II and the following criteria, which shall be evaluated as a whole:
(i)
alternatives authorised in accordance with this chapter are not available;
(ii)
without having recourse to them, it would be impossible to produce or preserve the food or to fulfil given dietary requirements provided for on the basis of the Community legislation.
In addition, the products and substances referred to in Article 19(2)(b) are to be found in nature and may have undergone only mechanical, physical, biological, enzymatic or microbial processes, except where such products and substances from such sources are not available in sufficient quantities or qualities on the market.
2. The Commission shall, in accordance with the procedure referred to in Article 37(2), decide on the authorisation of the products and substances and their inclusion in the restricted list referred to in paragraph 1 of this Article and lay down specific conditions and limits for their use, and, if necessary, on the withdrawal of products.
Where a Member State considers that a product or substance should be added to, or withdrawn from the list referred to in paragraph 1, or that the specifications of use mentioned in this paragraph should be amended, the Member State shall ensure that a dossier giving the reasons for the inclusion, withdrawal or amendments is sent officially to the Commission and to the Member States.
Requests for amendment or withdrawal, as well as decisions thereon, shall be published.
Products and substances used before adoption of this Regulation and falling under Article 19(2)(b) and (c) may continue to be used after the said adoption. The Commission may, in any case, withdraw such products or substances in accordance with Article 37(2).
CHAPTER 5
Flexibility
Article 22
Exceptional production rules
1. The Commission may, in accordance with the procedure referred to in Article 37(2) and the conditions set out in paragraph 2 of this Article and subject to the objectives and principles laid down in Title II, provide for the granting of exceptions from the production rules laid down in Chapters 1 to 4.
2. Exceptions as referred to in paragraph 1 shall be kept to a minimum and, where appropriate, limited in time and may only be provided for in the following cases:
(a)
where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic, geographical or structural constraints;
(b)
where it is necessary in order to ensure access to feed, seed and vegetative propagating material, live animals and other farm inputs, where such inputs are not available on the market in organic form;
(c)
where it is necessary in order to ensure access to ingredients of agricultural origin, where such ingredients are not available on the market in organic form;
(d)
where they are necessary in order to solve specific problems related to the management of organic livestock;
(e)
where they are necessary with regard to the use of specific products and substances in the processing referred to in Article 19(2)(b) in order to ensure production of well established food products in organic form;
(f)
where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances;
(g)
where it is necessary to use food additives and other substances as set out in Article 19(2)(b) or feed additives and other substances as set out in Article 16(1)(d) and such substances are not available on the market other than produced by GMOs;
(h)
where the use of food additives and other substances as set out in Article 19(2)(b) or feed additives as set out in Article 16(1)(d) is required on the basis of Community law or national law.
3. The Commission may in accordance with the procedure referred to in Article 37(2) lay down specific conditions for the application of exceptions provided for under paragraph 1.
TITLE IV
LABELLING
Article 23
Use of terms referring to organic production
1. For the purposes of this Regulation a product shall be regarded as bearing terms referring to the organic production method where, in the labelling, advertising material or commercial documents, such a product, its ingredients or feed materials are described in terms suggesting to the purchaser that the product, its ingredients or feed materials have been obtained in accordance with the rules laid down in this Regulation. In particular, the terms listed in the Annex, their derivatives or diminutives, such as ‘bio’ and ‘eco’, alone or combined, may be used throughout the Community and in any Community language for the labelling and advertising of products which satisfy the requirements set out under or pursuant to this Regulation.
In the labelling and advertising of live or unprocessed agricultural products terms referring to the organic production method may be used only where, in addition, all the ingredients of that product have also been produced in accordance with the requirements laid down in this Regulation.
2. The terms referred to in paragraph 1 shall not be used anywhere in the Community and in any Community language for the labelling, advertising and commercial documents of a product which does not satisfy the requirements set out under this Regulation, unless they are not applied to agricultural products in food or feed or clearly have no connection with organic production.
Furthermore, any terms, including terms used in trademarks, or practices used in labelling or advertising liable to mislead the consumer or user by suggesting that a product or its ingredients satisfy the requirements set out under this Regulation shall not be used.
3. The terms referred to in paragraph 1 shall not be used for a product for which it has to be indicated in the labelling or advertising that it contains GMOs, consists of GMOs or is produced from GMOs according to Community provisions.
4. As regards processed food, the terms referred to in paragraph 1 may be used:
(a)
in the sales description, provided that:
(i)
the processed food complies with Article 19;
(ii)
at least 95 % by weight, of its ingredients of agricultural origin are organic;
(b)
only in the list of ingredients, provided that the food complies with Article 19(1), 19(2)(a), 19(2)(b) and 19(2)(d);
(c)
in the list of ingredients and in the same visual field as the sales description, provided that:
(i)
the main ingredient is a product of hunting or fishing;
(ii)
it contains other ingredients of agricultural origin that are all organic;
(iii)
the food complies with Article 19(1), 19(2)(a), 19(2)(b) and 19(2)(d).
The list of ingredients shall indicate which ingredients are organic.
In the case where points (b) and (c) of this paragraph apply, the references to the organic production method may only appear in relation to the organic ingredients and the list of ingredients shall include an indication of the total percentage of organic ingredients in proportion to the total quantity of ingredients of agricultural origin.
The terms and the indication of percentage referred to in the previous subparagraph shall appear in the same colour, identical size and style of lettering as the other indications in the list of ingredients.
5. Member States shall take the measures necessary to ensure compliance with this Article.
6. The Commission may in accordance with the procedure referred to in Article 37(2) adapt the list of terms set out in the Annex.
Article 24
Compulsory indications
1. Where terms as referred to in Article 23(1) are used:
(a)
the code number referred to in Article 27(10) of the control authority or control body to which the operator who has carried out the most recent production or preparation operation is subject, shall also appear in the labelling;
(b)
the Community logo referred to in Article 25(1) as regards pre-packaged food shall also appear on the packaging;
(c)
where the Community logo is used, an indication of the place where the agricultural raw materials of which the product is composed have been farmed, shall also appear in the same visual field as the logo and shall take one of the following forms, as appropriate:
-
‘EU Agriculture’, where the agricultural raw material has been farmed in the EU,
-
‘non-EU Agriculture’, where the agricultural raw material has been farmed in third countries,
-
‘EU/non-EU Agriculture’, where part of the agricultural raw materials has been farmed in the Community and a part of it has been farmed in a third country.
The abovementioned indication ‘EU’ or ‘non-EU’ may be replaced or supplemented by a country in the case where all agricultural raw materials of which the product is composed have been farmed in that country.
For the abovementioned ‘EU’ or ‘non-EU’ indication, small quantities by weight of ingredients may be disregarded provided that the total quantity of the disregarded ingredients does not exceed 2 % of the total quantity by weight of raw materials of agricultural origin.
The abovementioned ‘EU’ or ‘non-EU’ indication shall not appear in a colour, size and style of lettering more prominent than the sales description of the product.
The use of the Community logo as referred to in Article 25(1) and the indication referred to in the first subparagraph shall be optional for products imported from third countries. However, where the Community logo as referred to in Article 25(1) appears in the labelling, the indication referred to in the first subparagraph shall also appear in the labelling.
2. The indications referred to in paragraph 1 shall be marked in a conspicuous place in such a way as to be easily visible, clearly legible and indelible.
3. The Commission shall, in accordance with the procedure referred to in Article 37(2), lay down specific criteria as regards the presentation, composition and size of the indications referred to in paragraph 1(a) and (c).
Article 25
Organic production logos
1. The Community organic production logo may be used in the labelling, presentation and advertising of products which satisfy the requirements set out under this Regulation.
The Community logo shall not be used in the case of in-conversion products and food as referred to in Article 23(4)(b) and (c).
2. National and private logos may be used in the labelling, presentation and advertising of products which satisfy the requirements set out under this Regulation.
3. The Commission shall, in accordance with the procedure referred to in Article 37(2), lay down specific criteria as regards presentation, composition, size and design of the Community logo.
Article 26
Specific labelling requirements
The Commission shall in accordance with the procedure referred to in Article 37(2) establish specific labelling and composition requirements applicable to:
(a)
organic feed;
(b)
in-conversion products of plant origin;
(c)
vegetative propagating material and seeds for cultivation.
TITLE V
CONTROLS
Article 27
Control system
1. Member States shall set up a system of controls and designate one or more competent authorities responsible for controls in respect of the obligations established by this Regulation in conformity with Regulation (EC) No 882/2004.
2. In addition to the conditions laid down in Regulation (EC) No 882/2004, the control system set up under this Regulation shall comprise at least the application of precautionary and control measures to be adopted by the Commission in accordance with the procedure referred to in Article 37(2).
3. In the context of this Regulation the nature and frequency of the controls shall be determined on the basis of an assessment of the risk of occurrence of irregularities and infringements as regards compliance with the requirements laid down in this Regulation. In any case, all operators with the exception of wholesalers dealing only with pre-packaged products and operators selling to the final consumer or user as described in Article 28(2), shall be subject to a verification of compliance at least once a year.
4. The competent authority may:
(a)
confer its control competences to one or more other control authorities. Control authorities shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources necessary to carry out their functions;
(b)
delegate control tasks to one or more control bodies. In that case, the Member States shall designate authorities responsible for the approval and supervision of such bodies.
5. The competent authority may delegate control tasks to a particular control body only if the conditions laid down in Article 5(2) of Regulation (EC) No 882/2004 are satisfied, and in particular where:
(a)
there is an accurate description of the tasks that the control body may carry out and of the conditions under which it may carry them out;
(b)
there is proof that the control body:
(i)
has the expertise, equipment and infrastructure required to carry out the tasks delegated to it;
(iii)
has a sufficient number of suitable qualified and experienced staff; and
(iii)
is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it;
(c)
the control body is accredited to the most recently notified version, by a publication in the C series of the Official Journal of the European Union, of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification systems), and is approved by the competent authorities;
(d)
the control body communicates the results of the controls carried out to the competent authority on a regular basis and whenever the competent authority so requests. If the results of the controls indicate non-compliance or point to the likelihood of non-compliance, the control body shall immediately inform the competent authority;
(e)
there is an effective coordination between the delegating competent authority and the control body.
6. In addition to the provisions of paragraph 5, the competent authority shall take into account the following criteria whilst approving a control body:
(a)
the standard control procedure to be followed, containing a detailed description of the control measures and precautions that the body undertakes to impose on operators subject to its control;
(b)
the measures that the control body intends to apply where irregularities and/or infringements are found.
7. The competent authorities may not delegate the following tasks to the control bodies;
(a)
the supervision and audit of other control bodies;
(b)
the competence to grant exceptions, as referred to in Article 22, unless this is provided for in the specific conditions laid down by the Commission in accordance with Article 22(3).
8. In accordance with Article 5(3) of Regulation (EC) No 882/2004, competent authorities delegating control tasks to control bodies shall organise audits or inspections of control bodies as necessary. If, as a result of an audit or an inspection, it appears that such bodies are failing to carry out properly the tasks delegated to them, the delegating competent authority may withdraw the delegation. It shall withdraw it without delay if the control body fails to take appropriate and timely remedial action.
9. In addition to the provisions of paragraph 8, the competent authority shall:
(a)
ensure that the controls carried out by the control body are objective and independent;
(b)
verify the effectiveness of its controls;
(c)
take cognisance of any irregularities or infringements found and corrective measures applied;
(d)
withdraw approval of that body where it fails to satisfy the requirements referred to in (a) and (b) or no longer fulfils the criteria indicated in paragraph 5, 6 or fails to satisfy the requirements laid down in paragraphs 11, 12 and 14.
10. Member States shall attribute a code number to each control authority or control body performing control tasks as referred to in paragraph 4.
11. Control authorities and control bodies shall give the competent authorities access to their offices and facilities and provide any information and assistance deemed necessary by the competent authorities for the fulfilment of their obligations according to this Article.
12. The control authorities and control bodies shall ensure that at least the precautionary and control measures referred to in paragraph 2 are applied to operators subject to their control.
13. Member States shall ensure that the control system as set up allows for the traceability of each product at all stages of production, preparation and distribution in accordance with Article 18 of Regulation (EC) No 178/2002, in particular, in order to give consumers guarantees that organic products have been produced in compliance with the requirements set out in this Regulation.
14. By 31 January each year at the latest the control authorities and control bodies shall transmit to the competent authorities a list of the operators which were subject to their controls on 31 December of the previous year. A summary report of the control activities carried out during the previous year shall be provided by 31 March each year.
Article 28
Adherence to the control system
1. Any operator who produces, prepares, stores, or imports from a third country products in the meaning of Article 1(2) or who places such products on the market shall, prior to placing on the market of any products as organic or in conversion to organic:
(a)
notify his activity to the competent authorities of the Member State where the activity is carried out;
(b)
submit his undertaking to the control system referred to in Article 27.
The first subparagraph shall apply also to exporters who export products produced in compliance with the production rules laid down in this Regulation.
Where an operator contracts out any of the activities to a third party, that operator shall nonetheless be subject to the requirements referred to in points (a) and (b), and the subcontracted activities shall be subject to the control system.
2. Member States may exempt from the application of this Article operators who sell products directly to the final consumer or user provided they do not produce, prepare, store other than in connection with the point of sale or import such products from a third country or have not contracted out such activities to a third party.
3. Member States shall designate an authority or approve a body for the reception of such notifications.
4. Member States shall ensure that any operator who complies with the rules of this Regulation, and who pays a reasonable fee as a contribution to the control expenses, is entitled to be covered by the control system.
5. The control authorities and control bodies shall keep an updated list containing the names and addresses of operators under their control. This list shall be made available to the interested parties.
6. The Commission, in accordance with the procedure referred to in Article 37(2), shall adopt implementing rules to provide details of the notification and submission procedure referred to in paragraph 1 of this Article in particular with regard to the information included in the notification referred to in paragraph 1(a) of this Article.
Article 29
Documentary evidence
1. The control authorities and the control bodies referred to in Article 27(4) shall provide documentary evidence to any such operator who is subject to their controls and who in the sphere of his activities, meets the requirements laid down in this Regulation. The documentary evidence shall at least permit the identification of the operator and the type or range of products as well as the period of validity.
2. The operator shall verify the documentary evidence of his suppliers.
3. The form of the documentary evidence referred to in paragraph 1 shall be drawn up in accordance with the procedure referred to in Article 37(2), taking into account the advantages of electronic certification.
Article 30
Measures in case of infringements and irregularities
1. Where an irregularity is found as regards compliance with the requirements laid down in this Regulation, the control authority or control body shall ensure that no reference to the organic production method is made in the labelling and advertising of the entire lot or production run affected by this irregularity, where this would be proportionate to the relevance of the requirement that has been violated and to the nature and particular circumstances of the irregular activities.
Where a severe infringement or an infringement with prolonged effect is found, the control authority or control body shall prohibit the operator concerned from marketing products which refer to the organic production method in the labelling and advertising for a period to be agreed with the competent authority of the Member State.
2. Information on cases of irregularities or infringements affecting the organic status of a product shall be immediately communicated between the control bodies, control authorities, competent authorities and Member States concerned and, where appropriate, to the Commission.
The level of communication shall depend on the severity and the extent of the irregularity or infringement found.
The Commission may, in accordance with the procedure referred to in Article 37(2), lay down specifications regarding the form and modalities of such communications.
Article 31
Exchange of information
Upon a request duly justified by the necessity to guarantee that a product has been produced in accordance with this Regulation, the competent authorities, control authorities and the control bodies shall exchange relevant information on the results of their controls with other competent authorities, control authorities and control bodies. They may also exchange such information on their own initiative.
TITLE VI
TRADE WITH THIRD COUNTRIES
Article 32
Import of compliant products
1. A product imported from a third country may be placed on the Community market as organic provided that:
(a)
the product complies with the provisions set out in Titles II, III and IV as well as with the implementing rules affecting its production adopted pursuant to this Regulation;
(b)
all operators, including the exporters, have been subject to control by a control authority or control body recognised in accordance with paragraph 2;
(c)
the operators concerned shall be able to provide at any time, to the importers or the national authorities, documentary evidence as referred to in Article 29, permitting the identification of the operator who carried out the last operation and the verification of compliance by that operator with points (a) and (b), issued by the control authority or control body referred to in point (b).
2. The Commission shall, in accordance with the procedure referred to in Article 37(2), recognise the control authorities and control bodies referred to in paragraph 1(b) of this Article, including control authorities and control bodies as referred to in Article 27, which are competent to carry out controls and to issue the documentary evidence referred to in paragraph 1(c) of this Article in third countries, and establish a list of these control authorities and control bodies.
The control bodies shall be accredited to the most recently notified version, by a publication in the C series of the Official Journal of the European Union, of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification systems). The control bodies shall undergo regular on-the-spot evaluation, surveillance and multiannual re-assessment of their activities by the accreditation body.
When examining requests for recognition, the Commission shall invite the control authority or control body to supply all the necessary information. The Commission may also entrust experts with the task of examining on-the-spot the rules of production and the control activities carried out in the third country by the control authority or control body concerned.
The recognised control bodies or control authorities shall provide the assessment reports issued by the accreditation body or, as appropriate, the competent authority on the regular on-the-spot evaluation, surveillance and multiannual re-assessment of their activities.
Based on the assessment reports, the Commission assisted by the Member States shall ensure appropriate supervision of the recognised control authorities and control bodies by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of the occurrence of irregularities or infringements of the provisions set out in this Regulation.
Article 33
Import of products providing equivalent guarantees
1. A product imported from a third country may also be placed on the Community market as organic provided that:
(a)
the product has been produced in accordance with production rules equivalent to those referred to in Titles III and IV;
(b)
the operators have been subject to control measures of equivalent effectiveness to those referred to in Title V and such control measures have been permanently and effectively applied;
(c)
the operators at all stages of production, preparation and distribution in the third country have submitted their activities to a control system recognised in accordance with paragraph 2 or to a control authority or control body recognised in accordance with paragraph 3;
(d)
the product is covered by a certificate of inspection issued by the competent authorities, control authorities or control bodies of the third country recognised in accordance with paragraph 2, or by a control authority or control body recognised in accordance with paragraph 3, which confirms that the product satisfies the conditions set out in this paragraph.
The original of the certificate referred to in this paragraph shall accompany the goods to the premises of the first consignee; thereafter the importer must keep the certificate at the disposal of the control authority or the control body for not less than two years.
2. The Commission may, in accordance with the procedure referred to in Article 37(2), recognise the third countries whose system of production complies with principles and production rules equivalent to those laid down in Titles II, III and IV and whose control measures are of equivalent effectiveness to those laid down in Title V, and establish a list of these countries. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32.
When examining requests for recognition, the Commission shall invite the third country to supply all the necessary information. The Commission may entrust experts with the task of examining on-the-spot the rules of production and the control measures of the third country concerned.
By 31 March of each year, the recognised third countries shall send a concise annual report to the Commission regarding the implementation and the enforcement of the control measures established in the third country.
Based on the information in these annual reports, the Commission assisted by the Member States ensures appropriate supervision of the recognised third countries by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of the occurrence of irregularities or infringements of the provisions set out in this Regulation.
3. For products not imported under Article 32 and not imported from a third country which is recognised under paragraph 2 of this Article, the Commission may, in accordance with the procedure referred to in Article 37(2), recognise the control authorities and control bodies, including control authorities and control bodies as referred to in Article 27, competent to carry out controls and issue certificates in third countries for the purpose of paragraph 1, and establish a list of these control authorities and control bodies. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32.
The Commission shall examine any request for recognition lodged by a control authority or control body in a third country.
When examining requests for recognition, the Commission shall invite the control authority or control body to supply all the necessary information. The control body or the control authority shall undergo regular on-the-spot evaluation, surveillance and multiannual re-assessment of their activities by an accreditation body or, as appropriate, by a competent authority. The Commission may also entrust experts with the task of examining on-the-spot the rules of production and the control measures carried out in the third country by the control authority or control body concerned.
The recognised control bodies or control authorities shall provide the assessment reports issued by the accreditation body or, as appropriate, the competent authority on the regular on-the-spot evaluation, surveillance and multiannual re-assessment of their activities.
Based on these assessment reports, the Commission assisted by the Member States shall ensure appropriate supervision of recognised control authorities and control bodies by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of the occurrence of irregularities or infringements of the provisions set out in this Regulation.
TITLE VII
FINAL AND TRANSITIONAL RULES
Article 34
Free movement of organic products
1. Competent authorities, control authorities and control bodies may not, on grounds relating to the method of production, to the labelling or to the presentation of that method, prohibit or restrict the marketing of organic products controlled by another control authority or control body located in another Member State, in so far as those products meet the requirements of this Regulation. In particular, no additional controls or financial burdens in addition to those foreseen in Title V of this Regulation may be imposed.
2. Member States may apply stricter rules within their territory to organic plant and livestock production, where these rules are also applicable to non-organic production and provided that they are in conformity with Community law and do not prohibit or restrict the marketing of organic products produced outside the territory of the Member State concerned.
Article 35
Transmission of information to the Commission
Members States shall regularly transmit the following information to the Commission:
(a)
the names and addresses of the competent authorities and where appropriate their code numbers and their marks of conformity;
(b)
lists of control authorities and bodies and their code numbers and, where appropriate, their marks of conformity. The Commission shall publish regularly the list of control authorities and bodies.
Article 36
Statistical information
Member States shall transmit to the Commission the statistical information necessary for the implementation and follow-up of this Regulation. This statistical information shall be defined within the context of the Community Statistical Programme.
Article 37
Committee on organic production
1. The Commission shall be assisted by a regulatory Committee on organic production.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 38
Implementing rules
The Commission shall, in accordance with the procedure referred to in Article 37(2), and subject to the objectives and principles laid down in Title II, adopt detailed rules for the application of this Regulation. These shall include in particular the following:
(a)
detailed rules as regards the production rules laid down in Title III, in particular as regards the specific requirements and conditions to be respected by operators;
(b)
detailed rules as regards the labelling rules laid down in Title IV;
(c)
detailed rules as regards the control system established under Title V, in particular as regards minimum control requirements, supervision and audit, the specific criteria for delegation of tasks to private control bodies the criteria for approval and withdrawal of such bodies and the documentary evidence referred to in Article 29;
(d)
detailed rules as regards the rules on imports from third countries laid down in Title VI, in particular as regards the criteria and procedures to be followed with regard to the recognition under Article 32 and 33 of third countries and control bodies, including the publication of lists of recognised third countries and control bodies, and as regards the certificate referred to in Article 33(1) point (d) taking into account the advantages of electronic certification;
(e)
detailed rules as regards the free movement of organic products laid down in Article 34 and the transmission of information to the Commission in Article 35.
Article 39
Repeal of Regulation (EEC) No 2092/91
1. Regulation (EEC) No 2092/91 is hereby repealed as from 1 January 2009.
2. References to the repealed Regulation (EEC) No 2092/91 shall be construed as references to this Regulation.
Article 40
Transitional measures
Where necessary, measures to facilitate the transition from the rules established by Regulation (EEC) No 2092/91 to this Regulation shall be adopted in accordance with the procedure referred to in Article 37(2).
Article 41
Report to the Council
1. By 31 December 2011, the Commission shall submit a report to the Council.
2. The report shall, in particular, review the experience gained from the application of this Regulation and consider in particular the following issues:
(a)
the scope of this Regulation, in particular as regards organic food prepared by mass caterers;
(b)
the prohibition on the use of GMOs, including the availability of products not produced by GMOs, the vendor declaration, the feasibility of specific tolerance thresholds and their impact on the organic sector;
(c)
the functioning of the internal market and controls system, assessing in particular that the established practices do not lead to unfair competition or barriers to the production and marketing of organic products.
3. The Commission shall, if appropriate, accompany the report with relevant proposals.
Article 42
Entry into force and application
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
For certain animal species, certain aquatic plants and certain micro algae, where the detailed production rules are not laid down, the rules provided for labelling in Article 23 and for the controls in Title V shall apply. Pending the inclusion of detailed production rules, national rules or, in the absence thereof, private standards accepted or recognised by the Member States shall apply.
It shall apply as from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 28 June 2007.
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COMMISSION REGULATION (EC) No 1356/97 of 15 July 1997 amending Regulation (EC) No 1218/96 on partial import duty exemption for certain cereals sector products as provided for in the Agreements between the European Community and the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria and Romania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (1), as last amended by Regulation (EC) No 2490/96 (2), and in particular Article 8 thereof,
Whereas Commission Regulation (EC) No 1218/96 (3), as amended by Regulation (EC) No 202/97 (4), introduces rules for the application of partial import duty exemption for certain cereals sector products provided for in the Agreements between the European Community and the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria and Romania;
Whereas Regulation (EC) No 1218/96 provides that operators may withdraw their applications where a uniform reduction coefficient is applied; whereas this provision makes it possible to submit import licence applications for excessively large quantities; whereas, to avoid speculation, it should be stipulated that import licence applications may not be withdrawn;
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
Article 2 (3) of Regulation (EC) No 1218/96 is hereby replaced by the following:
'3. If applications exceed the quantity specified in the Annex the Commission shall, no later than the third working day following that on which the applications were lodged, set a uniform reduction coefficient for the quantities applied for. Applications may not be withdrawn.`
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, 15 July 1997.
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*****
COUNCIL DIRECTIVE
of 20 June 1985
amending Directive 77/99/EEC on health problems affecting intra-Community trade in meat products
(85/328/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas by Directive 77/99/EEC (4), as last amended by Directive 85/327/EEC (5), the Community made arrangements for intra-Community trade in meat products as regards health requirements;
Whereas, pending the introduction of Community arrangements on the import of meat products from third countries, Community preference should be respected;
Whereas adequate Community inspection should be introduced; whereas the Community should bear the expenditure incurred by such inspection; whereas, to this end, Article 17 of Directive 77/99/EEC should be amended,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Article 17 of Directive 77/99/EEC is hereby replaced by the following:
'Article 17
1. Pending the implementation of Community provisions concerning imports of meat products from third countries, Member States shall apply to such imports provisions which shall not be more favourable than those governing intra-Community trade.
To ensure uniform respect of these provisions, inspections shall be carried out on the spot by veterinary experts of the Member States and the Commission.
Member States' experts undertaking these inspections shall be designated by the Commission on a proposal from the Member States.
The inspections shall be carried out on behalf of the Community, which shall bear the expenditure incurred.
However, Member States shall be entitled to continue to make inspections under national arrangements of any third country meat products plants which have not been inspected under the Community procedure.
A list of establishments meeting the conditions referred to in the Annex shall be drawn up under the Article 18 procedure.
2. The health certificate which accompanies the meat product on import, and the form and nature of the health mark which this product shall bear, shall correspond to a model to be determined in accordance with the Article 18 procedure.'
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1986.
They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Luxembourg, 20 June 1985.
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COMMISSION REGULATION (EC) No 2907/95 of 15 December 1995 making the release for free circulation of salmon of EEA origin conditional upon observance of a floor price (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement on the European Economic Area, and in particular Articles 112 (1) and 113 (3) thereof,
Whereas with continually reducing unit costs of production of farmed salmon, the price of this product has fallen steadily since 1987; whereas, however, since late October 1995 a fall in the import price of farmed Norwegian salmon has arisen that is too sharp and too sudden to be accounted for by a fall in the cost of production; whereas Norway is the world's leading producer and exporter of farmed salmon; whereas this recent fall in price has been triggered by the very high level of production in Norway in 1995;
Whereas the great majority of Community salmon and salmon trout farms are in peripheral areas where there is no alternative industry or employment; whereas, therefore, damage to the salmon and salmon trout farming industry causes serious economic and societal difficulties in the regions concerned;
Whereas the three major markets for farmed salmon are Japan, the United States of America and the European Community; whereas Norwegian sales to Japan of farmed salmon fell in 1995; whereas Norwegian sales for farmed salmon to the United States of America are at present affected by a 26 % anti-dumping duty; whereas, therefore, if measures are not taken the difficulties on the EU market for farmed salmon will persist or deteriorate further;
Whereas the markets for salmon and for salmon trout can be considered as economically one market; whereas, however, the safeguard measure being proposed in this Regulation is the minimum protective measure strictly necessary to remedy the situation;
Whereas the duration proposed for the measure is six months; whereas, in accordance with Article 113 (5) of the EEA Agreement, it will, however, be the subject of consultations in the EEA Joint Committee after three months with a view to abolition or limitation of its scope before that date;
Whereas in accordance with Article 113 (1) of the EEA Treaty at the EEA Joint Committee meeting of 22 November 1995 the issue was raised; whereas at the subsequent meeting of 15 December 1995, the Contracting Parties were notified that taking safeguard measures was being considered;
Whereas the exceptional circumstances now prevailing require immediate action to prevent prices falling still further thus causing even greater disturbance on the Community market; whereas this urgency precludes waiting until the prior examination of the EEA Joint Committee has been concluded; whereas, therefore, the Community must apply the protective measure immediately;
Whereas in accordance with Article 112 (3) of the EEA Agreement the measures shall apply to all Contracting Parties,
HAS ADOPTED THIS REGULATION:
Article 1
From the day this Regulation is published until 30 June 1996, the release for free circulation of salmon originating in the European Economic Area and falling within CN code 0302 12 00 shall be subject to the condition that the customs value as determined in accordance with the provisions in force be no less than the amount listed in the Annex.
Article 2
Products already on their way to the Community on the date of publication of this Regulation in the Official Journal of the European Communities shall not be subject to the condition laid down in Article 1.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 1995.
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COUNCIL REGULATION (EEC) No 2685/90
of 17 September 1990
amending Regulation (EEC) No 2089/84 imposing a definitive anti-dumping duty on imports of certain ball bearings originating in Japan and Singapore
THE COUNCIL 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 Articles 12 and 14 thereof,
Having regard to the proposal submitted by the Commission, after consultations within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. PROCEDURE
(1) In June 1988 the Commission announced, by a notice published in the Official Journal of the European Communities (2), the initiation of a review of anti-dumping measures concerning imports of single-row deep-groove radial ball bearings with greatest external diameter not exceeding 30 mm, originating in Japan, and commenced an investigation, in accordance with Article 14 of Regulation (EEC) No 2423/88. The measures in question consisted of definitive duties imposed by Council Regulation (EEC) No 2089/84 (3), which covered imports of this product from Japan and Singapore and was last amended by Regulation (EEC) No 3528/87 (4).
(2) The proceeding was initiated as a result of a complaint lodged in December 1987 by the Federation of European Bearing Manufacturers' Associations (FEBMA) on behalf of producers representing a major proportion of Community production of the ball bearings in question. The complaint requested a review of the measures relating to Japan only and alleged the existence of higher dumping margins and price undercutting. It claimed that higher anti-dumping duties should be imposed. The evidence contained in this complaint was considered sufficient to justify opening a proceeding.
(3) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainants and gave the parties concerned the opportunity to make their views known in writing and to request a hearing.
(4) A number of the exporters, some importers and the majority of Community producers, represented by the complainant, made their views known in writing.
(5) The Commission sought and verified all information it deemed necessary for the purposes of this proceeding and carried out investigations at the premises of the following:
(a) Community producers
- FAG Kugelfischer Georg Schaefer KGaA, Schweinfurt, Germany,
- Georg Mueller Nuernberg AG, Nuernberg, Germany,
- Gebrueder Reinfurt GmbH & Co. KG, Wuerzburg, Germany,
- SKF Industrie SpA, Turin, Italy,
- SKF Roulements Spécialisés (ADR), Thomery, France,
- SKF France, Clamart, France,
- ROL Rolamentos Portugueses SARL, Caldas de Rainha, Portugal;
(b) Japanese producers/exporters
- NTN Toyo Bearing Co. Ltd, Osaka, Japan,
- Nachi-Fujikoshi Corp., Tokyo, Japan,
- Nippon Seiko KK, Tokyo, Japan,
- Koyo Seiko Co. Ltd, Osaka, Japan,
- Sapporo Precision Inc., Sapporo, Japan,
- Inoue Jikuuke Kogyo Co. Ltd, Osaka, Japan,
- Nankai Seiko Co. Ltd, Osaka, Japan,
- NSK Micro Precision Co. Ltd, Tokyo, Japan;
(c) Importers into the Community
- Koyo (UK) Ltd, Milton Keynes, United Kingdom,
- Koyo France SA, Argenteuil, France,
- Deutsche Koyo Waelzlager Verkaufsgesellschaft mbH, Hamburg, Germany,
- Europa-Koyo BV, Nieuwpoort, Netherlands,
- NTN Bearings (UK) Ltd, Burntwood, Staffs, United Kingdom,
- NTN France SA, Schweighouse-sur-Moder, France,
- NTN Waelzlager (Europa) GmbH, Erkrath, Germany,
- NSK Bearings Europe Ltd, Edgware, United Kingdom,
- NSK France SA, Voisins-le-Bretonneux, France,
- NSK Kugellager GmbH, Ratingen, Germany,
- Nachi (UK) Ltd, Birmingham, United Kingdom,
- Nachi (Germany) GmbH, Neuss, Germany,
- Nachi Industrial SA, Salamanca, Spain,
- Import Standard Office (ISO), Paris, France.
(6) Following this stage, the Commission formulated some preliminary findings on dumping and injury. The complainant and the majority of the exporters requested, and were granted, an opportunity to be heard by the Commission. The Commission informed them in detail of the facts on which it had based its findings.
At their request, the parties were also informed of the essential facts and considerations on the basis of which it was proposed to recommend the amendment of the anti-dumping duties in force.
The parties were granted a period within which to make representations on any of the above matters subsequent to the disclosure meetings. Where appropriate, their comments were taken into consideration.
(7) The investigation of dumping covered the period 1 April 1987 to 31 March 1988 (the investigation period).
(8) This investigation has exceeded the normal time period because of the volume and complexity of the data initially gathered and examined and because the completion of the investigation has required the study of related issues which arose during the proceeding and which could not have been foreseen at its outset.
B. PRODUCTS UNDER CONSIDERATION
(i) Definition of products
(9) The products concerned are single-row deep-groove radial ball bearings with a greatest external diameter not exceeding 30mm; they fall within CN code 8482 10 10.
(10) The complainants suggested that the review be extended to all ball bearings with greatest external diameter not exceeding 30mm, i.e. not only the single-row deep-grove radial ball bearings. However, as is explained in detail in recitals 52 and 53, the Commission did not consider it appropriate to extend the scope of application of the Regulation under review.
(ii) Description of products
(11) The products under consideration cover a large number of standard bearing types, all available with different accessories, plus many special types made to the specification of the customer. Within this product definition, a distinction is sometimes made between the so-called miniature and instrument bearings and the standard small-sized bearings. However, they have the same basic physical characteristics and therefore no clear dividing line can be made between them.
(12) The major components of the bearings under consideration are an inner and outer ring (usually in chrome, but sometimes stainless steel), a cage and a variable number of balls. Metal shields or rubber seals can be added, depending on the customer's requirements, and a variety of greases are applied. Their function is to reduce friction and so enable machine parts to move faster and more smoothly. The main applications of the bearings in question are in consumer electronics, domestic appliances and office automation.
(13) Ball bearings are intermediate products used in the assembly of consumer and capital goods or for replacement purposes. The demand for ball bearings therefore depends directly on the demand for the final product (e.g. washing machines, vacuum cleaners, video recorders, fans, small electric motors). Small ball bearings generally account for only a tiny fraction of the cost of the final product. C. DUMPING
(i) Normal value
(14) Normal value has been established on a type-by-type basis, after verification of the data submitted by the producers on domestic prices and cost of production.
(15) In the case of those types where the weighted average domestic price (net of all discounts and rebates actually granted) to independent customers in Japan equalled or exceeded the cost of production and the volume of domestic sales was equivalent to at least 5 % of the exports to the Community, the domestic price was used as the basis for the normal value. This was the case in a great majority of bearing types.
(16) For bearing types where the domestic price was below the cost of production, where domestic sales amounted to less than 5 % of the volume of exports to the Community or where the type exported to the Community was not sold domestically, the normal value was based on the cost of production plus domestic profit. Domestic profit was obtained by making a type-by-type comparison of the price of all types sold on the domestic market with their cost of production, and calculating the profit margin on a weighted average basis; loss-making types are excluded from this calculation, in conformity with Article 2 (4) of Regulation (EEC) No 2423/88.
(17) Two Japanese producers complained of the allegedly high profit margins attributed to them (in the cases where the method described in recital 16 had been used), while one of them also contested the increase of its selling, general and administrative expenses (SGA) in the construction of its normal values, decided by the Commission after the on-spot investigation. These complaints have been rejected, since the calculation of both the domestic profit margin (see recital 16, in fine) and of the SGA have been made in strict accordance with the Commission practice and the Community provisions in force; concerning the SGA in particular, it should be pointed out that the complaining company had adopted an allocation system which, during the on-spot investigation, proved to be unverifiable and the Commission therefore determined the costs in proportion to the turnover, in accordance with Article 2 (11) of Regulation (EEC) No 2423/88.
(ii) Export price
(18) Where Japanese producers exported directly to independent customers in the Community, export prices were determined on the basis of the prices actually paid, or payable, for the bearings sold.
(19) Where exports were made to subsidiary companies which carried out a complete sales and marketing operation within the Community, it was considered appropriate, in view of the relationship between exporter and importer, to construct export prices on the basis of the prices at which the bearings were first resold to an independent buyer. Discounts and rebates given in direct connection with these sales to independent customers were deducted from the prices. Suitable adjustment was made to take account of all costs incurred between importation and resale, including all duties and taxes, and a reasonable profit margin of 6 %, as in the previous investigation.
(20) Where allocations of costs had to be made in constructing export prices, this was normally done on the basis of turnover. The costs and turnover used for this purpose were those of the importer's last financial year, ending within the reference period. On any occasion that an allocation of sales, administrative or other general expenses was not made on the basis of turnover, this was subject to the Commission receiving satisfactory proof, in the course of its on-spot investigation, that the alternative method used reflected more appropriately the incidence of the costs involved.
(21) The two producers referred to in recital 17 contested some of the increases in their subsidiaries' SGA decided by the Commission after its on-spot investigation. They also provided additional evidence on this matter. After careful consideration of their arguments and of new evidence, the Commission decided partly to modify the calculation of certain subsidiaries' costs and consequently to increase the export price.
(iii) Comparison
(22) Normal value and export price (brought to ex factory level) were compared on a transaction-by-transaction basis at the same level of trade. All types compared had the same specifications and grade of precision. Adjustments have been made to both normal value and export prices in order to take into account the selling expenses, in accordance with Article 2 (10) (c) of Regulation (EEC) No 2423/88. In this respect, two of the producers complained of the rejection of a part of their claims for allowances. These complaints were not justified; claims for allowances have been rejected only when, in view of the factual findings of the on-spot investigation, the Commission had established that the requirements of the abovementioned Article 2 (10) (c) were not met. In addition, one of the abovementioned Japanese companies argued that it should have been granted a level of trade adjustment. However, it accepted that it failed to substantiate this claim. From an examination of its reply to the questionnaire it was impossible to establish that two levels of trade existed, particularly because in many cases prices to industrial users were exactly the same as prices to distributors.
(23) Another producer claimed that there was a discrepancy in the calculation methods, since all costs and expenses of the related exporter are taken into account, while only a part of the costs and expenses of the producer are counted. However, and in view of Article 2 (9) (b) of Regulation (EEC) No 2423/88, the Commission cannot accept this point because of a lack of any supporting evidence.
(iv) Nippon Seiko KK and related companies
(24) A substantial part of the information provided by Nippon Seiko KK in reply to the Commission's questionnaire was found not to meet the requirements of the Community legislation for the following reasons:
- incorrect report of the discounts given in the domestic market,
- comparison of normal value and export price based on types only similar and not identical,
- totally incomplete reply of the NSK group company NSK Micro Precision Ltd,
- substantial errors in the submission of NSK France concerning transport costs and customs duties;
Furthermore, it proved impossible to verify the data provided by NSK relating to their costs of production. Firstly, it was impossible to link any of the cost of production data provided in NSK's reply to the Commission's questionnaire to the audited annual accounts of the company. Secondly, the company alleged that it did not keep costings for individual bearing types and therefore could not supply cost information in the form requested by the Commission. The investigation showed that the method applied by NSK to allocate costs to particular bearings types did not reflect the true cost of each bearing, because a large proportion of the costs were averaged between standard types and more specialized types. The Commission accepts that it is not necessary for a company to keep, for its own internal accounting purposes, cost information on an individual bearing-by-bearing basis, but considers that the averaged costs supplied by NSK cannot be used in an anti-dumping investigation. In this respect, NSK made no attempt to apply a methodology that would give a proper cost of production for each bearing type. In addition, some of NSK's internal records showed much higher costs of production for some bearing types than the costs provided by NSK in its reply to the questionnaire. In these circumstances, the Commission rejected the company's submission with regard to the costs of production.
Therefore, and without need to decide whether the NSK submission as a whole was 'false' or 'misleading' within the meaning of Article 7 (7) (b) of Regulation (EEC) No 2423/88, it was decided to reject it and to determine the dumping as explained in recital 26.
(25) The information provided by NSK Micro Precision Ltd was found to be incomplete and the reply of this company was rejected by the Commission; since this firm is related to Nippon Seiko KK, it will be treated in the same way as the latter company for the purpose of the dumping margin. Inoue Jikuuke Kogyo (IJK) provided a full and satisfactory reply to the Commission's questionnaire; however, it is not considered appropriate to fix a separate dumping margin for this company, since it is also related to Nippon Seiko KK.
(26) Under the conditions described in recitals 24 and 25, the Commission considered that the results of its investigation provided the most accurate basis for determining the level of dumping and that it would constitute a bonus for non-cooperation to assume that the dumping for Nippon Seiko KK and for its two related companies was lower than the highest dumping margin found among Japanese producers.
(v) Dumping margins
(27) Normal values of the Japanese producers have been compared with the export prices of comparable models on a transaction-by-transaction basis, except for those exporters where the use of weighted averages did not materially affect the results of the investigation. For some exporters, sampling techniques, i.e. selection of the most representative types, were used when comparing export prices and normal value or for calculating domestic profit; this was done for those exporters where the number of types involved was particularly large. (28) The dumping margin was considered to be the total amount by which normal values exceeded the export prices to the Community. This was converted into a percentage figure by dividing it over the total cif value of all types taken into consideration. The margins of dumping found varied according to the exporter, and the weighted average margins were as follows:
- Sapporo Precision: 4,56 %
- NTN Toyo Bearing: 25,90 %
- Nachi Fujikoshi: 30,74 %
- Koyo Seiko: 30,85 %
- Nankai Seiko: 46,80 %
No dumping margin has been found for Fujino Iron Works Ltd.
(29) The Council confirms the conclusions of the Commission relating to dumping.
D. INJURY
(i) Like product
(30) The ball bearings produced in the Community have the same physical characteristics and uses as the bearings defined in recital 9.
(ii) Preliminary observation
(31) In assessing injury, account has been taken of the fact that the material injury suffered by the Community industry prior to the entry into force of Regulation (EEC) No 2089/84 should normally have been eliminated following the anti-dumping duties imposed by the above Regulation. Therefore, within the framework of the present review, examination should be made only of whether there are some elements of injury remaining in spite of the application of the above anti-dumping duties and whether there will be a resurgence of material injury in case of removal of these duties. When this latter question is addressed, it should also be taken into account that the five-year period provided for in Article 15 of Regulation (EEC) No 2423/88 has expired during the investigation.
(iii) Community industry
(32) For the purpose of this investigation, the Japanese-owned companies producing in the Community are not considered part of the Community industry under Article 4 (5) of Regulation (EEC) No 2423/88. This is because they are related to exporters from Japan of the dumped product under investigation. They sell all their production to the same Japanese sales subsidiaries who are involved in selling imported bearings from Japan at dumped prices, and they thus benefit from these unfair business practices. In these circumstances, they cannot be considered to be behaving as normal Community producers but rather as a complementary source of supply for exporters practising dumping.
After excluding the Japanese-owned companies from the scope of the proceeding, the Commission found that, during the period under investigation, the Community producers on behalf of whom the complaint was lodged manufactured about 85 % of Community production. This is clearly a major proportion of total production and these companies are therefore considered as forming the Community industry.
(iv) Current situation
(a) Volume and market shares of imports
(33) Between 1985 and the investigation period, total sales of ball bearings in the Community rose from 332 500 000 pieces to 356 100 000 pieces, an increase of 7,1 %.
(34) Over the same period, sales of bearings originating in Japan fell from 31 300 000 units to 21 700 000 units, this decrease being mainly the result of the imposition of the anti-dumping duties in 1984 and of the decision of most major Japanese companies to move production either to the Community or to other third countries not subject to anti-dumping duties; the market share of the Japanese-made bearings amounted to 6,1 % during the investigation period.
(b) Prices
(35) Price investigations have been undertaken in the French, German, Spanish and United Kingdom markets. Calculations have been made on weighted average basis and have always involved representative types of bearings, sold in reasonable quantities, usually exceeding 50 000 pieces. Only sales to industrial users who purchase bearings for incorporation into their final product (e.g. makers of vacuum cleaners, VCRs, etc.) have been taken into account, since these industrial users account for the great majority of the sales made by the Japanese and Community producers and are almost the only customers who buy in sufficient quantities to enable a comparison to be made.
(36) The comparison between the prices of the Community producers and the prices of Japanese exporters proves that the latter are still, in spite of the anti-dumping duties in force, on the whole, slightly lower. However, this price undercutting is sporadic, generally small and does not exceed 3 % on average. Moreover, the quantification per company is made uncertain by the fact that many of the Japanese companies involved sell only a limited number of types in sufficient quantities to render meaningful a comparison with European producers. Under these conditions, no individual margins for price undercutting have been established for each company involved.
(c) Situation of the Community industry
(37) Market shares: Although the Community sales of the Community industry rose by 3,5 %, from 112 million pieces to 116 million pieces, between 1985 and the investigation period, the 7,1 % increase in total demand in the Community market (see recital 33) meant that the Community industry's market share dropped from 33,6 to 32,5.
(38) Price depression: Concerning price depression, the amount found was considerable. The average unit selling price of most Community producers to industrial users fell between 1985 and the investigation period; for the major Community producers the average decreases, in current terms, varied from 2,6 to 9 %.
(39) Profitability: The overall profitability of the Community producers in the sector of the bearings under investigation has declined by more than half since 1985, leading to a situation where current profits are, as shown below, clearly inadequate to finance the additional expenses required to keep the Community industry competitive. In view of the substantial additional investments in fixed assets that the Community producers will be required to make in the next few years, as well as the extra expenditure on research and development, personnel and marketing, the Commission has concluded that a 15 % pre-tax profit margin is required for this purpose, which also corresponds broadly to an empirical/historical approach to the profitability issue, i.e. there was an adequate level of profitability in 1985 when the overall profit margin stood at 15 % of sales. The profitability achieved during the investigation period fell far below this figure. During this period the profitability of the Community industry, on sales made in the ordinary course of trade in the Community, just reached 8 %, leading thus to a profit shortfall of 7 %.
(40) Production, capacity utilization and employment: Community production fell from 170 600 000 pieces in 1985 to 153 900 000 units during the investigation period, a decline of 10 %.
Community production capacity, calculated as far as possible on a two-shift, five day/week basis, expanded from 177 500 000 pieces in 1985 to 185 500 000 pieces during the investigation period. Utilization of capacity therefore declined from 96 % in 1985 to 83 % in the reference period.
Over the same period, employment in the sector declined from 2 304 to 2 033 - a net loss of 271 jobs and a fall of 12 %.
(v) Possible effects of removal of the anti-dumping duties
(41) In the market of high volume industrial users, as opposed to the distributors/dealers market, Japan is one of the main competitors of the Community producers; 85 % of Community producers' sales are destined for the industrial users' market, while the corresponding figure for Japan in the investigation period is 80 %. On the other hand, there are no real differences in quality, particularly in the case of standard types, and price is the main consideration in sourcing supply of these products. Thus, within the framework of the present review, the Council had to take into account the possible effects of the removal of the anti-dumping duties in force.
(42) The fact that the dumping margins found following the present review proceeding are in almost all cases substantially higher than the margins found following the original proceeding leads to the conclusion that, in case of removal or substantial reduction of the current anti-dumping duties, Japanese imports will probably be made at even lower prices, substantially undercutting the Community producers and aggravating the current situation with regard to price erosion and profitability shortfall. Furthermore, in such a case, Japanese exporters will inevitably increase their market shares, at the expense - at least in part - of the Community producers, with negative consequences on the level of production, capacity, utilization and employment.
(43) On the other hand, the initiation, in 1988, of an anti-dumping proceeding in the United States (which led to anti-dumping duties of between 21 and 107 % being imposed on Japanese bearings) will necessarily leave a limited outlet for Japanese exports on the United States market, where demand for ball bearings is traditionally high; this may have the effect of diverting Japanese exports to other destinations with high demand, particularly the Community, where Japanese exporters are well established and already have distribution networks. (44) Furthermore, the adoption of measures against the Thai imports into the Community, following the proceedings initiated in June 1988 (1), may provide an opportunity for Japanese exporters to expand their market shares if their duties are removed.
(45) In those circumstances, the Commission concludes that there is a real risk that the removal of the anti-dumping duties in force will lead to an aggravation of the existing situation and to the Community industry again suffering material injury.
(46) The Council confirms the conclusions of the Commission relating to injury.
E. COMMUNITY INTEREST
(47) In general, it is in the Community interest for there to be fair and workable competition, and the purpose of measures in this case is to re-establish a situation of fair competition. In considering the Community interest, the Council has taken account of the interest of the Community ball bearing industry, the users of ball bearings and the final consumer of the end product.
In the absence of measures, a continuation of the trend observed would lead to negative consequences for the Community industry producing the ball bearings in question and endanger its viability. The loss of this industry would have serious consequences from the point of view of:
- employment, investment expenditure,
- research and development in high technology areas (particularly new materials),
- development of new products in fast-growing sectors (telecommunications, aerospace and vehicle electronics).
It is in the interest of the Community that such consequences do not occur.
As far as the purchasers of ball bearings (and, implicity, the final consumers of their products) are concerned, it may be argued that they could derive some benefit from buying dumped low-priced bearings. Any such benefit, however, would be minimal, since the bearings in question account for only a tiny fraction of the final price of most products. This is confirmed by the fact that no Community purchaser of ball bearings up to 30 mm external diameter has reacted to any of the proceedings.
(48) The Council has therefore concluded that, on balance, the interest of the Community in this case clearly lies in maintaining protection for its ball bearings industry against unfair competition caused by imports at dumped prices.
F. PROPOSED MEASURES
(i) Rate of duty
(49) In order to determine the rate of duty required under the circumstances explained above, the Council at first considered the possibility of renewing the existing duties. In the present case, however, this solution would cause unjustified discrimination between the Japanese companies concerned: the duties in force, ranging from 4 to 14,7 %, correspond to the dumping margins found in 1984, while the current dumping margins of the companies representing a large majority of Japanese exports to the Community now range only between 25,9 and 30,8 %; furthermore, no differentiation is possible between Japanese exporters as regards the threat which they represent for the Community industry.
(50) In view of the above findings, it has been decided to base the calculation of the duties on the current indicators of the Community industry, and in particular on the profitability shortfall, considered to be the most appropriate for the purposes of the present review. The calculation of the profitability shortfall at 7 % (see recital 39) having been made on the resale price level, a conversion to cif level is required in order to ensure the equal treatment of the companies, irrespective of their organization and policies between import and resale. Following this conversion, made in accordance with the ratio cif level/resale price for each exporter on weighted average basis, the duties are established as follows:
- Sapporo Precision: 4,5 %
- Nankai Seiko: 7,0 %
- Nachi Fujikoshi Corp.: 8,1 %
- Koyo Seiko Co. Ltd: 8,7 %
- Nippon Seiko KK: 9,2 %
- NSK Micro Precision Ltd: 9,2 %
- Inoue Jikuuke Kogyo Ltd: 9,2 %
- NTN Toyo Bearing Co. Ltd: 10,0 %
- Others: 10,0 %
No anti-dumping duty will be levied on imports of the like product from Fujino Iron Works Ltd.
(51) For the reasons given in recital 25, the level of the duty to be levied on NSK Micro Precision Ltd and Inoue Jikuuke Kogyo Ltd will be the same as that applied to Nippon Seiko KK, i.e. 9,2 %. Any other exporters of the like product originating in Japan, not already mentioned in this Regulation, will be subject to the highest of the above duties, i.e. 10,0 %.
(ii) Scope of the duty
(52) The ratione materiae scope of application of Regulation (EEC) No 2089/84 did not cover all ball bearings with greatest external diameter not exceeding 30 mm, falling within heading No 84.62 of the Common Customs Tariff (corresponding to Nimexe code ex 84.62-01), but only the single-row deep-groove radial ball bearings in this size category. The request for review referred, however, to all ball bearings with greatest external diameter not exceeding 30 mm, i.e. including angular contact, thrust ball bearings, etc. This alteration of the scope of the review was justified in the complaint by the need to prevent a circumvention by false customs declaration/customs tariff classification of the imported ball bearings.
(53) The review having been initiated, in accordance with the request, to cover all ball bearings with greatest external diameter not exceeding 30 mm, most of the importers and exporters concerned contested this extension of its ratione materiae scope of application. In order fully to cooperate with the Commission, they agreed to provide the information required with regard to all ball bearings with greatest external diameter not exceeding 30 mm, but made a formal reservation as to the legality of the above extension. In any event, and in view of the information provided during the investigation, the extension has not been shown to be justified.
(iii) Definitive measures
(54) Since this is a review case, it has been decided to proceed directly to the definitive imposition of the above established duties rather than to pass through the provisional stage. This being so, the Commission, before drafting its proposal on this case, provided all exporters with details of its calculations and gave them ample time to comment on, and correct, any material errors.
(iv) Amendment to Regulation 2089/84
(55) The part of Regulation (EEC) No 2089/84 relating to imports of single-row deep-groove ball bearings with greatest external diameter not exceeding 30 mm originating in Japan should accordingly be amended.
Definitive anti-dumping duty at the rates imposed by Regulation (EEC) No 2089/84 on imports originating in Japan are to be levied until the entry into force of this Regulation.
(56) The provisions of Regulation (EEC) No 2089/84 which relate to imports of the same product originating in Singapore should remain unchanged, pending the outcome of the review (1) under Article 15 of Regulation (EEC) No 2423/88, which is currently in progress,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 (2) of Regulation (EEC) No 2089/84 is hereby replaced by the following:
'2. The rates of the anti-dumping duty shall be as set out below, expressed as a percentage of the price net, free-at-Community frontier, before duty:
1.2.3 // Manufacturers/exporters // Rate of anti-dumping duty // Taric additional code // JAPAN: // // // - Sapporo Precision Ltd: // 4,5 % // 8450 // - Nankai Seiko Co. Ltd: // 7,0 % // 8451 // - Nachi-Fujikoshi Corp.: // 8,1 % // 8452 // - Koyo Seiko Co. Ltd: // 8,7 % // 8453 // - Nippon Seiko KK: // 9,2 % // 8454 // - Inoue Jikuuke Kogyo Ltd: // 9,2 % // 8454 // - NSK Micro Precision Ltd: // 9,2 % // 8454 // - Others: // 10,0 % // 8455
No duty shall apply to imports of the products defined in paragraph 1 manufactured and sold for export to the Community by Fujino Iron Works Ltd (Taric additional code: 8456)
SINGAPORE:
- All manufacturers/exporters: 33,89 %'
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 September 1990.
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Commission Regulation (EC) No 1240/2002
of 10 July 2002
on the issue of import licences for high-quality fresh, chilled or frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat(1), as last amended by Regulation (EC) No 361/2002(2),
Whereas:
(1) Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).
(2) Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal originating in and imported from the United States of America and Canada which may be imported on special terms for the period 1 July 2002 to 30 June 2003 at 11500 t.
(3) It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,
HAS ADOPTED THIS REGULATION:
Article 1
1. All applications for import licences from 1 to 5 July 2002 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.
2. Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of August 2002 for 1824,667 t.
Article 2
This Regulation shall enter into force on 11 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 2002.
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COMMISSION REGULATION (EC) No 691/1999 of 30 March 1999 amending Regulation (EC) No 708/98 on the taking over of paddy rice by the intervention agencies and fixing the corrective amounts and the price increases and reductions to be applied as regards the quality characteristics of the rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (1), as last amended by Regulation (EC) No 2072/98 (2), and in particular Article 8(b) thereof,
Whereas the characteristics that set stained grains and spotted grains apart are very close and distinguishing one from another is often a delicate task when samples taken in accordance with Article 8 of Commission Regulation (EC) No 708/98 (3) are analysed; whereas those two criteria should therefore be combined and the relevant price reductions applying should be determined on the basis of grain defects covering both stained and spotted grains;
Whereas new varieties of rice are being grown in the Community; whereas they should be entered, with their milling yields, in the list in point B in Annex II to Regulation (EC) No 708/98;
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 (EC) No 708/98 is hereby amended as follows:
1. the table in Article 2 is replaced by the following.
TABLE
2. the table in part B of Annex II is replaced by the following.
TABLE
3. Annex III is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 April 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 March 1999.
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*****
COMMISSION REGULATION (EEC) No 785/87
of 19 March 1987
amending Regulation (EEC) No 2665/86 laying down detailed rules for implementing the system of aid for the use of grapes, grape must and concentrated grape must for the manufacture of grape juice and fixing the aid for the 1986/87 wine-growing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 536/87 (2), and in particular Article 14 a (4) thereof,
Whereas Article 1 of Commission Regulation (EEC) No 2665/86 (3), defines the recipients of the aid for use of grapes and various sorts of grape must for the manufacture of grape juice; whereas, in order to take account of market realities, it should be specified that processors who buy such products from producers either directly or indirectly are recipients of the aid;
Whereas experience has shown that in the case where bottling is not carried out by the processor, the system of controls laid down for the grant of the aid does not work, in particular since the competent authorities for the issue and verification of accompanying documents and for the grant of the aid are separate and it is difficult for the recipient to obtain the supporting documents required; whereas a provision should therefore be introduced whereby the authority competent for checking the accompanying documents at the place of unloading should, after verification, send a copy of the accompanying document to the aid applicant;
Whereas applications submitted by processors of grape juice must be accompanied by a summary of their stock records for the product in question; whereas, in cases where the grape juice is prepared for market by the processor himself, the stock records should also specify the quantities of grape juice which are prepared for market each day; whereas, in view of that additional requirement, it is advisable to extend the time-limit for submitting the application until six months after the processing is over;
Whereas provision should be made for transitional measures to remedy difficulties arising before the entry into force of this Regulation; whereas to that end certain measures implemented in previous years should be adopted;
Whereas, for technical reasons, a tolerance should be allowed between the density of the product used in relation to the density indicated in the declaration as provided for in Article 2 of Regulation (EEC) No 2665/86;
Whereas, moreover, a number of drafting changes should be adopted in respect of Regulation (EEC) No 2665/85;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2665/86 is hereby amended as follows:
1. Article 1 (1) is replaced by the following:
'1. For the 1986/87 wine year, aid shall be granted in accordance with the conditions laid down in this Regulation to processors:
- who purchase products are referred to in paragraph 2 directly or indirectly from producers or producer groups for the purpose of manufacturing grape juice,
or
- who, being themselves producers or producer groups, use such products from their own harvest for the purpose of manufacturing grape juice.'
2. The following paragraph is added to Article 5:
'Where the grape juice or, where appropriate, grape juice blended with other products, is bottled by the processor, the stock records shall also specify the quantities of grape juice which are put up each day.'
3. Article 6 (1) is replaced by the following:
'1. Not later than six months after processing is completed, processors shall submit an application for aid to the competent authority, accompanied by:
- the copy of the declaration that they hold,
- except in the cases referred to in the first and second subparagraphs of paragraph 4, a copy or summary of the stock records referred to in Article 5 relating to the product in question; Member States may require that the copy or summary be stamped by an official inspector.'
4. Article 6 (4) is replaced by the following:
'4. Where the grape juice or, where applicable, grape juice blended with other products, is bottled in the Community by a person other than the processor, the bottler shall, within seven days of the product's delivery, forward a copy of the accompanying document to the competent authority in the place of unloading, as referred to in Article 4 (1) of Regulation (EEC) No 1153/75. After a check using that copy and the control copy referred to in Article 10 (3) of the said Regulation, the competent authority in the place of unloading shall forward, no later than two weeks after receipt of such documents, a duly stamped copy of the accompanying document to the processor/consignor of the product in question.
However, the copy of the accompanying document, duly stamped by the competent authority in the place, of unloading, shall be handed direct by the said authority to the bottler or processor if he so requests.
Where bottling of grape juice takes place outside the Community, processors shall submit to the competent authority as referred to in paragraph 1 a copy of the accompanying document showing in box 23 the customs stamp certifying exportation.
The copy of the accompanying document and the copy or summary of the stock records, featuring all the items required under Article 5 except those specified in the last indent of the first paragraph thereof, shall be submitted to the competent authority as referred to in paragraph 1, not later than six months after the bottler has taken over the grape juice or after the grape juice has been exported, as the case may be.'
5. The following paragraph 4a is inserted between paragraphs 4 and 5 in Article 6:
'4a. for all carriage of grape juice commencing before 23 March 1987, the control copy referred to in the version of paragraph 4 which was applicable prior to that date may be replaced by:
- a certificate to the effect that the bottler has taken over the grape juice, mentioning the date of taking over, and
- a copy of the accompanying document.'
6. The last indent of Article 6 (5) is deleted.
7. Article 8 (2) is replaced by the following:
'2. The amounts indicated in Article 4 shall be converted into national currencies at the agricultural conversion rate applying to wine on 1 September 1986.'
8. Article 9 is replaced by the following:
'Article 9
1. Except in case of force majeure, aid shall be payable only in respect of quantities of products actually used which do not exceed the following ratio between the said products and the grape juice obtained:
- 1,3 for grapes in quintals/hectolitres,
- 1,05 for grape must in hectolitres/hectolitre,
- 0,30 for concentrated grape must in hectolitres/hectolitre,
and provided that
- the processor has processed the quantity of product set out in the declaration, account being taken of the tolerance provided for in Article 6 (2),
- the density of the product used does not differ by more than 0,005 grams per cubic centimetre from the density indicated in the declaration provided for in Article 2.
2. Except in case of force majeure, if the processor does not fulfil any of the obligations under this Regulation other than that referred to in paragraph 1, the aid payable shall be reduced by an amount fixed by the competent authority in proportion to the seriousness of the infringement.
3. In cases of force majeure, the competent authority shall take such action as it considers necessary having regard to the circumstances invoked.
4. The Member States shall inform the Commission of cases in which paragraph 2 has been applied and the outcome of claims as to force majeure.'
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 with effect from 1 September 1986. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 1987.
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COUNCIL REGULATION (EEC, EURATOM, ECSC) No 2014/92 of 20 July 1992 adjusting the weightings applicable in certain Member States to the remuneration and pensions of officials and other servants of the European Communities
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,
Having regard to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 571/92 (2), and in particular Articles 63, 64, 65, 65a and 82 of the Staff Regulations, Annex XI to the Staff Regulations and the first paragraph of Article 20 and Article 64 of the Conditions of Employment,
Having regard to the proposal from the Commission,
Whereas, since the cost of living increased substantially in certain countries in which officials and other servants of the Communities are employed in the second half of 1991, the weightings applicable to the remuneration and pensions of officials and other servants pursuant to Regulation (ECSC, EEC, Euratom) No 3834/91 (3) should be adjusted with effect from 1 January 1992, or from 16 November 1991 in countries where the increase in the cost of living has been particularly high,
HAS ADOPTED THIS REGULATION:
Article 1
1. With effect from 16 November 1991, the weighting applicable to the remuneration of officials and other servants employed in the country referred to below shall be as follows:
Greece 88,8 (4).
2. With effect from 1 January 1992, the weightings applicable to the remuneration of officials and other servants employed in the countries referred to below shall be as follows:
Spain 112,2 (4)
Portugal 97,0 (4).
3. The weightings applicable to pensions shall be determined in accordance with Article 82 (1) of the Staff Regulations.
Articles 3 to 10 of Regulation (ECSC, EEC, Euratom) No 2175/88 (5) shall continue to apply.
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, 20 July 1992.
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Council Decision
of 18 June 2001
concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Cyprus adding a Protocol on mutual administrative assistance in customs matters to the Association Agreement between the European Economic Community and the Republic of Cyprus
(2001/647/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) To allow mutual administrative assistance in customs matters between the two parties as provided for in the Association Agreement between the European Economic Community and the Republic of Cyprus(1), a Protocol should be added to that Agreement.
(2) Negotiations to that effect have taken place with the Republic of Cyprus and have led to an Agreement in the form of an Exchange of Letters, which it is in the Community's interest to approve,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Cyprus adding a Protocol on mutual administrative assistance in customs matters to the Association Agreement between the European Economic Community and the Republic of Cyprus is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.
Article 3
The President of the Council shall, on behalf of the Community, give the notification provided for by the Agreement in the form of an Exchange of Letters.
Done at Luxembourg, 18 June 2001.
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*****
COUNCIL REGULATION (EEC) No 2428/89
of 28 July 1989
on the application of Decision No 1/89 of the EEC-Cyprus Association Council derogating from the provisions concerning the definition of the concept of 'originating products' laid down in the agreement establishing an association between the European Economic Community and the Republic of Cyprus
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 (1) was signed on 19 December 1972 and entered into force on 1 June 1973;
Whereas the Additional Protocol (2) to the said Agreement was signed at Brussels on 15 September 1977 and entered into force on 1 June 1978;
Whereas, pursuant to Article 25 of the Protocol concerning the definition of the concept of 'originating products' and methods of administrative cooperation, annexed to the Additional Protocol, as extended by Article 2 of 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 of the Agreement (3), which was signed at Luxembourg on 19 October 1987, entered into force on 1 January 1988 and force an integral part of the agreement, the EEC-Cyprus Association Council has adopted Decision No 1/89 derogating from the rules of origin applicable to certain textile products;
Whereas that Decision should be made to apply within the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/89 of the EEC-Cyprus Association Council shall apply in the Community.
The text of the Decision is annexed to this Regulation.
Article 2
1. The quantities listed in Annex I to Decision 1/89 shall be administered by the Commission. If an importer enters for the circulation in a Member State a product covered by a certificate EUR 1 bearing the endorsement referred to in Article 4 of Decision No 1/89 and that entry is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to the requirements.
2. Requests for drawings, endorsed with the date of acceptance of the said entry and the serial number of the certificates EUR 1, must be forwarded to the Commission forthwith.
3. Drawings shall be granted by the Commission in chronological order of the date of acceptance by the customs authorities of the Member State concerned of the entry for free circulation to the extent that the available balance of the said amount so permits.
4. Should a Member State fail to use the quantities it has drawn, it shall return them as soon as possible.
5. If the quantities requested are greater than the available balance of the amount, they shall be granted pro rata, pursuant to paragraph 3. The Commission shall inform the Member State of the drawings made.
Member States shall be informed forthwith when the quantity has been used up.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 1989.
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Directive 2001/100/EC of the European Parliament and of the Council
of 7 December 2001
amending Council Directive 70/220/EEC on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Council Directive 70/220/EEC(4) is one of the separate directives under the type-approval procedure laid down 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(5).
(2) Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC(6) introduced specific emission limits for carbon monoxide and hydrocarbons in combination with a new test to measure those emissions at low temperatures in order to adapt the behaviour of the emission control system of vehicles of category M1 and category N1, class I, with positive-ignition engines to the ambient conditions experienced in practice.
(3) The Commission has determined appropriate low temperature emission limits for vehicles of category N1 class II and III with positive-ignition engines. It is now also appropriate to include within the scope of the low temperature test vehicles of category M1 with positive-ignition engines designed to carry more than six occupants and vehicles of category M1 with positive-ignition engines whose maximum mass exceeds 2500 kg, which were previously excluded.
(4) Because of their emission characteristics, it is appropriate to exempt vehicles with positive-ignition engines that run only on gas fuel (LPG or NG) from the low temperature test. Vehicles where the petrol system is fitted for emergency purposes or starting only and where the petrol tank cannot contain more than 15 litres of petrol, should be regarded as vehicles that can run only on a gaseous fuel.
(5) It is appropriate to align the test for low temperature emissions with the test for emissions at a normal ambient temperature. The test at low temperature is therefore restricted to vehicles of category M and N with a maximum mass not exceeding 3500 kg.
(6) Directive 70/220/EEC should be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Annexes I and VII to Directive 70/220/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within nine months of its entry into force. 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 at the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 7 December 2001.
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COUNCIL REGULATION (EEC) N° 3805/85
of 20 December 1985
adapting, on account of the accession of Spain and Portugal, certain Regulations relating to the wine sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 396 (2) thereof,
Having regard to the proposal from the Commission,
Whereas, on account of the accession of Spain and Portugal, certain technical adaptations have to be made to the following Regulations in the wine sector:
- Council Regulation (EEC) N° 337/79 of 5 February 1979 on the common organization of the market in wine (1), as last amended by Regulation (EEC) N° 3307/85 (2),
- Council Regulation (EEC) N° 338/79 of 5 February 1979 laying down special provisions relating to quality wines produced in specified regions (3), as last amended by Regulation (EEC) N° 3311/85 (4),
- Council Regulation (EEC) N° 340/79 of 5 February 1979 determining the types of table wines (5),
- Council Regulation (EEC) N° 347/79 of 5 February 1979 on general rules for the classification of vine varieties (6), as last amended by the Act of Accession of Greece,
- Council Regulation (EEC) N° 354/79 of 5 February 1979 laying down general rules for the import of wines, grape juice and grape must (7), as last amended by Regulation (EEC) N° 2633/85 (8),
- Council Regulation (EEC) N° 355/79 of 5 February 1979 laying down general rules for the description and presentation of wines and grape musts (9), as last amended by Regulation (EEC) N° 1898/85 (10),
- Council Regulation (EEC) N° 358/79 of 5 February 1979 on sparkling wines produced in the Community anddefined in item 13 of Annex II to Regulation (EEC) N° 337/79 (11), as last amended by Regulation (EEC) N° 3310/85 (12),
- Council Regulation (EEC) N° 460/79 of 5 March 1979 on direct cooperation between the competent bodies in the Member States regarding the downgrading of quality wines produced in specified regions (13), as last amended by the Act of Accession of Greece,
- Council Regulation (EEC) N° 2179/83 of 25 July 1983 laying down general rules for distillation operations involving wine and the by-products of wine-making (14), as last amended by Regulation (EEC) N° 2687/84 (15),
- Council Regulation (EEC) N° 3309/85 of 18 November 1985 laying down general rules for the description and presentation of sparkling wines and aerated sparkling wines (16);
Whereas Article 268 (2) (a) of the Act of Accession of Spain and Portugal provides that, for quality liqueur wines produced in specified regions, coming from Portugal, the Community of Ten shall reduce its basic duties in three instalments as from 1 March 1986; whereas it is therefore necessary to derogate from the second subparagraph of Article 261 (2) so that the definition of liqueur wines contained in Annex I, Chapter XIV, (e) to the said Act is applicable as from the same date;
Whereas pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal, the institutions of the Communities may adopt, before accession, the measures referred to in Article 396 of the Act,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) N° 337/79 is hereby amended as follows:
1. the second subparagraph of Article 4 (1) (c) shall be replaced by the following:
'Where the application of the aforementioned rules results in the number of average prices to be used being less than eight in the case of table wine of type R I, less than seven in the case of wine of type R II and less than
eight in the case of wine of type A I, the eight, seven and eight lowest prices respectively shall be used. However, if the total number of average prices established is lower than the said figures, all the average prices established shall be used.';
2. Article 15 (3) shall be replaced by the following:
'3. During any wine-growing year, the quantity of table wine covered by the measures referred to in paragraph 1 or paragraph 2 may not exceed 5 million hectolitres and, from the 1986/1987 year, 6,2 million hectolitres.';
3. in Article 30c (1), the second subparagraph shall be replaced by the following:
'The abovementioned statement:
(a) shall be drawn up for the following geographical units:
- in Germany: the wine-growing regions defined in accordance with Article 3 of Regulation (EEC) N° 338/79;
- in France: the departments;
- in Italy: the provinces;
- in Greece: the "nomoi'';
- in Spain: the provinces and regions;
- in Portugal: the regions;
- in the other Member States concerned: their entire national territory;
(b) shall be broken down as specified in Article 2 (2) (B) of Regulation (EEC) N° 357/79.';
4. Article 30f shall be replaced by the following:
'Article 30f
By way of derogation from Articles 30 (1) and 30b (3), rights for new vine planting on areas intended for the production of quality wines psr acquired by 1 May 1984 in the Community of Ten and by 31 December 1985 in Spain may be exercised:
- until 31 August 1984, and in Spain until 31 August 1986, without restriction;
- from 1 September 1984, and in Spain from 1 September 1986, subject to confirmation from the Member State concerned. Such confirmation may concern only quality wines psr for which an authorization has been granted by the Commission according to the procedure provided for in Article 67.';
5. in Article 31 (3), (a) shall be replaced by the following:
'(a) vine varieties belonging, on 31 December 1976, to varieties temporarily authorized, must be carried out:
- before 31 December 1979 in the case of varieties obtained from interspecific crossings (direct producer hybrids),
- before 31 December 1983 in the case of other varieties.
The dates given above shall be postponed, for Greece, until 31 December 1984, and, for Spain, until 31 December 1990 and 31 December 1992 respectively;'.
6. in Article 40, the second subparagraph of paragraph 2 shall be replaced by the following:
'The quantity of wine normally produced shall be determined from:
- the quantities produced during a reference period to be determined antedating the 1980/81 wine-growing year, or, for Spain, antedating the 1984/1985 wine-growing year;
- the quantities of wine put to traditional uses.'
7. in Article 41, the first subparagraph of paragraph 6 shall be replaced by the following:
'6. The buying-in price for 1985/1986, 1986/1987 and 1987/1988 of the table wines to be delivered for compulsory distillation shall be fixed according to the quantities to be distilled and:
- where the total quantity for distillation is equal to or less than 10 million hectolitres or, from the 1986/1987 wine-growing year, 12,5 million hectolitres, it shall be equal to 50 % of the guide price of each of the types of table wines;
- where the total quantity for distillation is more than 10 or, respectively, 12,5 million hectolitres, it shall be equal to the percentage of the guide price of each of the types of table wines which results from the weighted average of the percentage referred to in the first indent applied to the first 10 million or, respectively, the first 12,5 million hectolitres, and 40 % of the guide price of each of the types of table wines, applied to the quantities exceeding those levels.'
8. In Article 44, paragraph 2 (b) shall be replaced by the following:
'(b) 300 milligrams per litre for:
- wines qualifying for the description "Spaetlese'', in accordance with Community provisions;
- quality white wines psr entitled to the registered designations of origin Bordeaux supérieur, Graves de Vayres, Côtes de Bordeaux St-Marcaire, Premières ^Cotes de Bordeaux, Ste-Foy Bordeaux, ^Cotes de Bergerac (whether or not followed by thedescription "Côtes de Saussignac''), Haut Montravel Côtes de Montravel, Rosette;
- quality white wines psr entitled to the registered designations of origin Allela, La Mancha, Navarra, Penedés, Rioja, Rueda, Tarragona e Valencia,'.
9. Article 45 (1) shall be replaced by the following:
'1. The volatile acid content may not exceed:
- 18 milliequivalents per litre for partially fermented grape must;
- 18 milliequivalents per litre for white and rosé wines and, until 31 December 1989 at the latest, for the products of a "coupage'' of white wine with red wine on Spanish territory;
- 20 milliequivalents per litre for red wines.'
10. in Article 49, paragraph 2, (a) shall be replaced by the following:
(a) where such grapes belong to:
- varieties obtained from interspecific crossings (direct producer hybrids), until 31 December 1979 and, in Spain, until 31 December 1990;
- other varieties, until 31 December 1983, provided that such varieties have been classified as temporarily authorized before 31 December 1976 and, in Spain, until 31 December 1992;'.
11. in Annex II, the following shall be added to point 12, as amended by point (e) of Chapter XIV of Annex I to the Act of Accession:
'This point shall apply from 1 March 1986 in the Community as constituted on 1 January 1986.'
Article 2
The following shall be added to Article 16 (2) of Regulation (EEC) N° 338/79:
'(f) Spain:
"Denominación de origen'' and "Denominación de origen calificada'';
(g) Portugal, from the start of the second stage:
"Denomianação de origem'' "Denomianação de origem controlada'' and "Indicação de proveniência regulamentada''.'
Article 3
Regulation (EEC) N° 340/79 is hereby amended as follows:
1. Article 1 shall be replaced by the following:
'Article 1
The types of red table wine shall be as follows:
(a) red table wine, other than that referred to under (c), with an actual alcoholic strength by volume of not less than 10 % vol and not more that 12 % vol; it shall be known as "type R I'';
(b) red table wine, other than that referred to under (c), with an actual alcoholic strength by volume of not less than 12,5 % vol and not more than 15 % vol; it shall be known as "type R II'';
(c) red table wine from vine varieties of the "Portugieser'' type; it shall be known as "type R III''.'
2. in Article 2, point (a) shall be replaced by the following:
'(a) white table wine, other than that referred to under (b) and (c), with an actual alcoholic strength by volume of not less than 10 % vol and not more than 13 % vol; it shall be known as "type A I''.'
Article 4
The following is herby added to Article 3 (1) of Regulation (EEC) N° 347/79:
'- the province and the region for the Kingdom of Spain,
- the region for the Portuguese Republic.'
Article 5
Article 2 (3) of Regulation (EEC) N° 354/79 is hereby replaced by the following:
'3. This Regulation shall not apply to the following liqueur wines:
- port, Madeira and Setúbal muscatel falling within subheadings 22.05 C III a) 1 and b) 1 and C IV a) 1 and b) of the Common Customs Tariff,
- Tokay (Aszu and Szamorodni) falling within subheadings 22.05 C III a) 1 and b) 2 and C IV a) 1 and b) 2 of the Common Customs Tariff and Boberg liqueur wine accompanied by a certificate of designation or origin.'
Article 6
Regulation (EEC) N° 355/79 is hereby amended as follows:
1. in Article 2:
(a) the following shall be added to paragraph 1:
'(f) in the case of table wines obtained in Spain by mixing red wines with white wines, the words "vino tinto de mezcla'' in Spanish territory.';
(b) paragraph 2 (a) shall be replaced by the following:
'(a) a statement as to whether the wine is red, rosé or white or, in the case of Spain, a mixture of red table wine and white table wine;';
(c) paragraph 3 (i) shall be replaced by the following:
'(i) the words:
- "Landwein'' for table wines originating in Germany and in the province of Bolzano in Italy;
- "vin de pays'' for table wines originating in France or in Luxembourg;
- "vino tipico'' for table wines originating in Italy, including the province of Bolzano;
- "onomasía katá parádosh (appellation traditionelle)'', "oíników topikow (vin de pays)'', for table wines originating in Greece;
- "vino de la tierra'' for table wines originating in Spain;
- "vinho de mesa regional'' from the beginning of the second stage for table wines originating in Portugal;
provided that the producer Member States concerned have laid down rules for the use of these descriptions.
These rules shall provide that these terms be used in conjunction with a specific geographical reference and reserved for table wines meeting certain production requirements, particularly as regards vine varieties, minimum natural alcoholic strength by volume and organoleptic characteristics.
For table wines marketed in their territory and described in accordance with the preceding subparagraph, Member States may authorize the replacement of the words referred to in the first subparagraph by the corresponding words in one or more of their official languages.'
2. in the first subparagraph of 4 (3), the first indent shall be replaced by the following:
'- either with the name of a production area of another table wine to which the Member State concerned has ascribed one of the terms "Landwein'', "vin de pays'', "vino tipico'', "onomasía katá parádosh (appellation traditionnelle)'', "oínow topików (vin de pays)'', "vino de la tierra'', or, from the beginning of the second stage, "vinho de mesa regional'','.
3. in Article 9
(a) paragraph 1 (a) and (b) shall be replaced by the following:
'(a) the words "table wine'' or, for table wines produced in Spain by mixing red table wine and white table wine, the words "vino tinto de mezcla'';
(b) a statement as to whether the wine is red, rosé or white or, in the case of Spain, a mixture of red table wine and white table wine;';
(b) paragraph 2 (e) shall be replaced by the following:
'(e) as appropriate, the terms "Landwein'', "vin de pays'', "vino típico'', "onomasía katá parádosh (appellation traditionelle)'', "oínow topików (vin de pays)'', "vino de la tierra'' and, from the beginning of the second stage, "vinho de mesa regional'', or corresponding terms in an official Community language;'.
4. the second subparagraph of Article 13 (6) shall be replaced by the following:
'Indication of one of the specific traditional expressions referred to in Article 16 (2) (a), (b), (c), (e) or (f) of Regulation (EEC) N° 338/79 may only be given in the official language of the Member State of origin. The same shall apply from the beginning of the second stage as regards indication of one of the specific traditional expressions referred to in Article 16 (2) (g) of the aforementioned Regulation.'
Article 7
Regulation (EEC) N° 358/79 is hereby amended as follows:
1. the Annex shall be replaced by the following:
'ANNEX
List of the varieties of vine from which quality sparkling wines of the aromatic tpye may be obtained:
Aleatico N,
Brachetto N,
Clairette,
Freisa N,
Gewuerztraminer,
Girò N,
Huxelrebe,
Macàbeu, Bourboulenc,
Malvasia de Sitges,
Malvasia Grossa B,
Malvasia de Rioja B,
Mauzac blanc and rosé,
Monica N,
Mosxofílero (Moscofilero),
Muscats (all),
Perle,
Prosecco,
Scheurebe.';
2. with effect from 1 September 1986, the term 'Picpoul' shall be inserted in the Annex after the term 'Perle'.
Article 8
Article 3 (2) of Regulation (EEC) N° 440/79 shall be replaced by the following:
'2. Each Member State shall notify the Commission, by 30 April 1979 at the latest, of the names and addressesof the bodies authorized to downgrade a quality wine psr.
This notification shall be given by the Hellenic Republic on the date of its accession and by the Kingdom of Spain by 1 March 1986 at the latest.
The Commission shall publish the names and addresses of the competent bodies in conjunction with the detailed rules of application.'.
Article 9
The following subparagraph is hereby added to Article 24 (1) of Regulation (EEC) N° 2179/83:
'The date referred to in the second subparagraph shall be postponed, in the case of Spain, until 1 March 1986 and, in the case of Portugal, until the first day of the second stage.'.
Article 10
The first subparagraph of Article 5 (3) of Regulation (EEC) N° 3309/85 is hereby replaced by the following:
'3. Product type as determined by the residual sugar content referred to in Article 3 (1) (c) shall be indicated by one of the following terms understandable in the Member State or third country of destination in which the product is offered for direct human consumption:
- "extra brut'' or "extra herb'':
if the residual sugar content is between 0 and 6 g/l;
- "brut'' or "herb'':
if the residual sugar content is less than 15 g/l;
- "extra dry'' or "extra trocken'':
if the residual sugar content is between 12 and 12 g/l;
- "sec", "trocken'', "secco'' or "asciutto'', "dry'', "toer'', "ihrów'' or "seco'':
if the residual sugar content is between 17 and 35 g/l;
- "demi-sec'', "halbtrocken'', "abboccato'', "medium-dry'', "halvtoer'', "hmíhrow'', "semi seco'' or, from the beginning of the second stage, "meio seco'':
if the residual sugar content is between 33 and 50 g/l;
- "doux'', "mild'', "dolce'', "sweet'', "soed'', "glyk´yw'', "dulce'' or, from the beginning of the second stage, "doce'':
if the residual sugar content is more than 50 g/l.'
Article 11
This Regulation shall enter into force on 1 March 1986, subject to the entry into force of the Treaty of Accession of Spain and Portugal.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1985.
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COUNCIL REGULATION (EC) No 3676/93 of 21 December 1993 fixing, for certain fish stock and groups of fish stocks, the total allowable catches for 1994 and certain conditions under which they may be fished
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8 (4) thereof,
Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 157, 161 and 348 thereof,
Having regard to the proposal from the Commission,
Whereas Article 4 of Regulation (EEC) No 3760/92 requires the Council to formulate, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure the rational and responsible exploitation of resources on a sustainable basis;
Whereas a management regime making full use of the new management possibilities given by Regulation (EEC) No 3760/92 cannot yet be achieved, due to the need to put into force certain measures for the control of fisheries, to implement an appropriate administrative framework (licensing system) and to enhance scientific knowledge; whereas, until such a management regime is consolidated, limitation of exploitation rates should be guaranteed by the current TAC system;
Whereas under the terms of Article 8 (4) of Regulation (EEC) No 3760/92, it is incumbent upon the Council, in accordance with Article 4, to establish the total allowable catches (TAC) by fishery or group of fisheries; whereas fishing opportunities should be allocated to Member States in accordance with Article 8 (4) (ii);
Whereas it is necessary to establish the principles and certain procedures of fishery management at the Community level, so that Member States can ensure the management of the fleets under their flag or jurisdiction;
Whereas in accordance with the procedure provided for in Article 2 of the Agreement on fisheries between the European Economic Community and the Kingdom of Norway (2), Article 2 of the Agreement on fisheries between the European Economic Community and the Government of Sweden (3), and Article 2 of the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (4), the parties have consulted on their reciprocal fishing rights for 1994;
Whereas these bilateral consultations have been concluded; whereas it is possible to fix the TACs, the Community shares and the quotas for those joint and autonomous stocks of which part is allocated to Norway, Sweden and the Faroe Islands;
Whereas the Community has signed the United Nations Convention on the Law of the Sea, which contains principles and rules relating to the conservation and management of the living resources of the sea;
Whereas, in the framework of its wider international obligations, the Community participates in efforts to conserve fish stocks arising in international waters; whereas the extent to which such stocks are fished by vessels of the Community should be viewed in the light of overall fishing activity and the contribution made hitherto by the Community towards their conservation should be taken into account;
Whereas the catch restrictions fixed for cod in ICES division II b should also cover all areas where this stock occurs in order to prevent unlimited catches in adjacent areas;
Whereas the International Baltic Sea Fishery Commision has recommended TACs for the stocks of cod, salmon, herring and sprat occurring in the waters of the Baltic Sea and the shares thereof for each Contracting Party;
Whereas, in the case of certain stocks fished mainly for reduction to meal and oil, it does not appear necessary to make quota allocations;
Whereas Article 161 of the Act of Accession of Spain and Portugal fixes the share of the TACs allocated to Spain for certain stocks in certain zones and allocates flat-rate amounts of horse mackerel and blue whiting to Spain;
Whereas those flat-rate amounts of blue whiting must be divided among ICES sub-areas and divisions V b (EC zone), VI, VII and VIII a, b and d;
Whereas, pursuant to Article 158 of the Act of Accession, a distinction must be made between fishing for demersal species and fishing for species other than demersal; whereas the group to which blue whiting, anchovy and horse mackerel belong must therefore be defined;
Whereas, in order to ensure effective management of these TACs, the specific conditions under which fishing operations occur should be established;
Whereas, in order to ensure a better exploitation of the quotas of herring, hake and mackerel, transfers of quotas from ICES divisions IV c and VII d to ICES division IV b should be allowed for herring and transfers from zones V b (EC zone), VI, VII, XII and XIV and from zones VIII a, b, d, and e to zone II a (EC zone) and IV (EC zone) should be permitted for hake, and transfers from zones II a (EC zone) and IV and zones II (except EC zones), V b (EC zone) VI, VII, VIII a, VIII b, VIII d and VIII e, XII, XIV to zone IV a (EC zone) should be permitted for mackerel, and transfers from zones V b (EC zone), VI, VII and VIII a, VIII b and VIII d should be permitted for blue whiting;
Whereas, in order to ensure a better exploitation of the haddock stocks in zones V b (EC zone), VI, XII and XIV, catches in zones V b and VI a should be limited;
Whereas catches of certain pelagic species and certain shrimps (Pandalus spp. except Pandalus montagui) may be taken with a mesh size which derogates from Community regulations; whereas scientific advice on the appropriate mesh sizes for such fisheries is already available; whereas, until the necessary amendments have been made to Regulation (EEC) No 3094/96 (1), it is appropriate to prolong the current conditions of fishing as defined by Article 9 of Regulation (EEC) No 3919/92 (2);
Whereas catches of whiting may be taken with a mesh size which derogates from Community regulations; whereas the Scientific and Technical Committee for Fisheries has commented favourably on the conditions for fishing for whiting currently established; whereas, until the necessary amendments have been made to Regulation (EEC) No 3094/86, it is appropriate to prolong the current conditions of fishing as defined by Article 9 of Regulation (EEC) No 3919/92;
Whereas massive catches of young flatfish are being taken in the southern North Sea in autumn, whereas protection should be given to these fish, in order to achieve a better exploitation;
Whereas improved economic utilization of Baltic Sea herring requires it to be used for purposes other than direct human consumption; whereas the state of this stock is such that, under appropriate management, there is no danger in implementing such a measure,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation fixes for 1994, for certain fish stocks and groups of fish stocks, total allowable catches (TACs) per stock or group of stocks, the share of these catches available to the Community, the allocation of that share among Member States and the specific conditions under which these stocks may be fished (3).
For the purposes of this Regulation:
- the Skagerrak is bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast,
- the Kattegat is bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenoere to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen,
- the North Sea shall comprise ICES Sub-area IV and that part of ICES division III a which is not covered by the definition of the Skagerrak given in this Article.
Article 2
TACs for stocks or groups of stocks to which Community rules apply and the share of these catches available to the Community are hereby fixed for 1994 as set out in the Annex.
Article 3
The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed in the Annex.
This allocation shall be without prejudice to exchanges made pursuant to Article 9 (1) of Regulation (EEC) No 3760/92 and re-allocations made pursuant to Article 11 (4) and Article 11 c (2) of Regulation (EEC) No 2241/87 (1).
Article 4
As regards the herring stock of the North Sea and of the eastern English Channel, transfers of up to 50 % of the quotas may be effected from ICES divisions IV c and VII d to ICES division IV b.
As regards the hake stock in zones II a (EC zone) and IV (EC zone), Member States having a quota in this zone may, on exhaustion of this quota, make transfers from zones V b (EC zone), VI, VII, XII and XIV and from zones VIII a, b and d to zone II a (EC zone) and IV (EC zone).
However, such transfers must be notified in advance to the Commission.
Article 5
1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless:
(i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or (ii) the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or (iii) for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in regions 1 and 2 or 40 millimetres or less in region 3 in accordance with Article 2 (1) of Regulation (EEC) No 3094/86, and are not sorted either on board or on landing; or (iv) for herring, they are within the limits of paragraph 2; or (v) for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted, or (vi) they are caught during the course of scientific investigations carried out under Regulation (EEC) No 3094/86.
All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi).
2. When fishing with nets whose mesh size is less than 32 millimetres in regions 1 and 2 other than the Skagerrak and the Kattegat and with nets whose mesh size is less than 40 millimetres in region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with sprat only, does not exceed 10 % by weight of the total weight of herring and sprat combined.
When fishing with nets whose mesh size is less than 32 millimetres in regions 1 and 2 and with nets whose mesh size is less than 40 millimetres in region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with other species whether or not including sprat, does not exceed 5 % by weight of the total weight of the herring and other species combined.
3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EEC) No 3094/86.
Article 6
1. Fishing for herring shall be prohibited from 1 July to 31 October 1994 within the area bounded by the following coordinates:
- the west coast of Denmark at 55°30′ N,
- latitutde 55°30′ N longitude 07°00′ E,
- latitude 57°00′ N longitude 07°00′ E,
- the west coast of Denmark at 57°00′ N.
2. Fishing for herring shall be prohibited in the zone extending from six to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 54°10′ N and 54°45′ N for the period 15 August to 30 September 1994 and between latitudes 55°30′ N and 55°45′ N for the period 15 August to 15 September 1994.
3. Fishing for herring shall be prohibited throughout the year in the Irish Sea (ICES division VII a) in the maritime area between the west coasts of Scotland, England and Wales and a line drawn 12 miles from the baselines of these coasts bounded to the south by latitude 53°20′ N and to the north-west by a line drawn between the Mull of Galloway (Scotland) and the Point of Ayre (Isle of Man).
4. Fishing for herring shall be prohibited from 21 September to 31 December 1994 in the parts of the Irish Sea (ICES division VII a) bounded by the following coordinates:
(a) - the east coast of the Ilse of Man at latitude 54°20′N,
- latitude 54°20′ N, longitude 3°40′ W,
- latitude 53°50′ N, longitude 3°50′ W,
- latitude 53°50′ N, longitude 4°50′ W,
- the south-west coast of the Isle of Man at longitude 4°50′ W;
(b) - the east coast of Northern Ireland at latitude 54°15′ N,
- latitude 54°15′ N, longitude 5°15′ W,
- latitude 53°50′ N, longitude 5°50′ W,
- the east coast of Ireland at latitude 53°50′ N.
Fishing for herring shall be prohibited throughout 1994 in Logan Bay, defined as being the waters east of a line drawn from the Mull of Logan, situated at latitude 54°44′ N and longitude 4°59′ W, to Laggantalluch Head, situated at latitude 54°41′ N and longitude 4°58′ W.
5. Notwithstanding paragraph 4, vessels with a length not exceeding 12,2 metres based in ports situated on the east coast of Ireland and Northern Ireland between latitudes 53°00′ N and 55°00′ N may fish herring in the prohibited area described in paragraph 4 (b). The only method of fishing authorized shall be drift netting with nets of a minimum mesh size of 54 mm.
6. Fishing for herring shall be prohibited in the maritime area situated to the north east of a line drawn between Mull of Kintyre and Corsewall Point from 1 January to 30 April 1994.
7. Fishing for herring shall be prohibited from 15 to 31 January 1994 within the area bounded by the following coordinates:
- the south-east coast of Ireland at latitude 52°30′ N;
- latitude 52°30′ N, longitude 06°00′ W;
- latitude 52°00′ N, longitude 06°00′ W;
- the south-east coast of Ireland at latitude 52°00′ N.
8. The areas and periods described in this Article may be altered in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.
Article 7
Notwithstanding Article 2 of and Annex I to Regulation (EEC) No 3094/86, under headings Region '2`, Geographical area 'Entire region except Norway pout box` and the 'Authorized target species` with respect to Norway pout, the maximum percentage of protected species shall be 15 % of which no more than 5 % shall be taken up by cod and haddock.
Article 8
Blue whiting, anchovy and horse mackerel shall be considered to be species other than demersal.
Article 9
Footnotes 11, 12 and 13 in Annex I to Regulation (EEC) No 3094/86 are hereby replaced by the following:
(11) 'The use of 32 mm mesh shall be permitted until 31 December 1994`,
(12) 'The use of 35 mm mesh shall be permitted until 31 December 1994`;
(13) 'The conditions for this type of fishing shall remain valid until 31 December 1994`.
Article 10
Notwithstanding the second subparagraph of paragraph (a) of Article 9 (3) of Regulation (EEC) No 3094/86, the period of enlargement of the area in which beam trawling is banned shall run from 1 April up to and including 31 December.
Article 11
Notwithstanding Regulation (EEC) No 2115/77, directed fishing for and landing of herring from the Baltic Sea can be conducted for purposes other than direct human consumption, on a pilot basis until 31 December 1994, within the rules provided in Regulation (EEC) No 1866/86.
Article 12
This Directive 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 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1993.
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COMMISSION REGULATION (EC) No 822/98 of 17 April 1998 concerning the stopping of fishing for horse mackerel by vessels flying the flag of Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), as last amended by Regulation (EC) No 2635/97 (2), and in particular Article 21(3) thereof,
Whereas Council Regulation (EC) No 45/98 of 19 December 1997 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1998 and certain conditions under which they may be fished (3), as last amended by Regulation (EC) No 783/98 (4), provides for horse mackerel quotas for 1998;
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 the quota of horse mackerel in the waters of ICES divisions Vb (EC-zone), VI, VII, VIIIa, b, d, e, XII and XIV, allocated to Portugal for 1998, has been exhausted by exchanges of quota; whereas Portugal has prohibited fishing for this stock as from 30 March 1998; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
The quota of horse mackerel in the waters of ICES divisions Vb (EC-zone), VI, VII, VIII a, b, d, e, XII and XIV, allocated to Portugal for 1998, is deemed to be exhausted.
Fishing for horse mackerel in the waters of ICES divisions Vb (EC-zone), VI, VII, VIII a, b, d, e, XII and XIV by vessels flying the flag of Portugal or registered in Portugal is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 30 March 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 April 1998.
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COMMISSION REGULATION (EC) No 1633/2006
of 3 November 2006
amending Regulations (EC) No 2771/1999 and (EC) No 1898/2005 as regards the entry into storage of intervention butter put on sale
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
Article 21 of Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2) lays down that intervention butter placed on sale must have entered into storage before 1 January 2006.
(2)
Article 1(a) of Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (3) lays down that intervention butter bought in under Article 6(2) of Regulation (EC) No 1255/1999 to be sold at reduced prices must have been taken into storage before 1 January 2006.
(3)
Given the situation on the butter market and the quantities of butter in intervention storage it is appropriate that butter in storage before 1 May 2006 should be available for sale.
(4)
Regulations (EC) No 2771/1999 and (EC) No 1898/2005 should therefore be amended accordingly.
(5)
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
In Article 21 of Regulation (EC) No 2771/1999, the date ‘1 January 2006’ is replaced by the date ‘1 May 2006’.
Article 2
In Article 1(a) of Regulation (EC) No 1898/2005, the date ‘1 January 2006’ is replaced by the date ‘1 May 2006’.
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 be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 November 2006.
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COMMISSION REGULATION (EC) No 1184/2008
of 28 November 2008
establishing a prohibition of fishing for herring in EC and international waters of Vb and VIb and VIaN by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 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 40/2008 of 16 January 2008 fixing for 2008 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 2008.
(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 2008.
(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 2008 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2008.
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COMMISSION REGULATION (EEC) No 1776/79 of 10 August 1979 amending Regulation (EEC) No 1613/71 laying down detailed rules for fixing cif prices and levies on rice and broken rice and the corrective amounts relating thereto
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (1), as last amended by Regulation (EEC) No 1552/79 (2), and in particular Article 16 (5) thereof,
Whereas pursuant to Article 16 (2) and (3) of Regulation (EEC) No 1418/76 corrective amounts for long grain rice should be fixed so as to cover the difference in value between the standard quality fixed in respect of round grain rice and the long grain variety representative of Community production ; whereas this difference in value was fixed at 20 units of account per tonne by Commission Regulation (EEC) No 1626/78 (3);
Whereas, by Regulation (EEC) No 1773/79 (4), the said difference in value was reduced by half ; whereas this reduction must therefore be taken into account in adjusting the corrective amounts for long grain rice set out in Annex II to Commission Regulation (EEC) No 1613/71 (5), as last amended by Regulation (EEC) No 2309/78 (6);
Whereas certain types of broken rice set out in Annex III to Regulation (EEC) No 1613/71 have proved to be of a quality not justifying their inclusion ; whereas the corrective amount to be added to the prices of these types of broken rice should accordingly be increased from 10 units of account (12 709 ECU) to 15 units of account (18 713 ECU);
Whereas medium and long grain rice from the United States of America are most often offered under the description "USA medium" and "USA long grain" respectively without the variety being specified ; whereas it is advisable to include these descriptions in Annex II to Regulation (EEC) No 1613/71 and to classify "USA medium" rice under type 5 and "USA long grain" under type 12;
Whereas, since the description "USA long grain" may refer to rice both of type 12 and type 13, it is necessary to omit type 13 and, under type 12, the words "South American" after "Blue Bonnet";
Whereas "Egyptian medium" rice, "Cangiçao" broken rice from Brazil and "Second heads" broken rice from the United States of America are sometimes offered on the world market ; whereas it is therefore advisable to include these qualities in the Annexes to the aforesaid Regulation (EEC) No 1613/71;
Whereas Council Regulation (EEC) No 652/79 (7) fixed the coefficient for the conversion into ECU of amounts fixed in units of account;
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 1613/71 is hereby amended as follows: 1. In the second subparagraph of Article 1 (1) the expression "6 units of account per tonne" is replaced by "7 725 ECU per tonne".
2. In Article 5 (2) the expression "0 710 unit of account per 100 kilograms" is replaced by "1 721 ECU per tonne".
3. Annexes I, II and III are replaced by the Annexes to this Regulation.
Article 2
This Regulation shall enter into force on 1 September 1979. (1)OJ No L 166, 25.6.1976, p. 1. (2)OJ No L 188, 26.7.1979, p. 9. (3)OJ No L 190, 13.7.1978, p. 18. (4)See page 10 of this Official Journal. (5)OJ No L 168, 27.7.1971, p. 28. (6)OJ No L 278, 3.10.1978, p. 25. (7)OJ No L 84, 4.4.1979, p. 1.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 August 1979.
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COMMISSION REGULATION (EC) No 443/2005
of 17 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 Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified on 11 to 17 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 8,94 EUR/t.
Article 2
This Regulation shall enter into force on 18 March 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 March 2005.
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COUNCIL DECISION of 28 March 1988 on a system for health control of imports from third countries at frontier inspection posts (Shift project) (88/192/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the Council, by Directive 72/462/EEC (4), as last amended by Directive 87/64/EEC (5), has made provision for health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries;
Whereas Article 27 of that Directive requires Member States to provide lists of inspection posts for the importation of such animals and meat;
Whereas, furthermore, Commission Decision 84/390/EEC of 11 July 1984 laying down guidelines for the approval of frontier inspection posts for the importation of bovine animals and swine from third countries (6) requires Member States to draw up and communicate to the Commission lists of posts which correspond to the guidelines in the Annex thereto;
Whereas Decision 84/390/EEC also provides that staff at these posts should have at their disposal all information relating to the situation in the country of origin of the animals or meat, and to the Community animal and public health requirements for such animals and meat; whereas furthermore, as far as bovine animals and swine are concerned, the competent authority is obliged to provide this information to the official veterinarian at the inspection post systematically, and to record certain details of imported bovine animals and swine and to retain such details for 12 months;
Whereas, pursuant to Article 20 (b) (i) and (ii) of Directive 72/462/EEC, and Article 6 (1) of Council Directive 85/649/EEC of 31 December 1985 prohibiting the use in livestock farming of certain substances having a hormonal action (7), Member States are required to prohibit the importation into their territory of animals or meat of animals treated with certain hormones or thyrostatic substances, or containing residues of other substances at a hazardous level;
Whereas Article 24 of Directive 72/462/EEC requires that random sampling must be carried out to verify the presence of these substances; whereas, furthermore, as far as hormonal substances are concerned, Article 6 of Directive 85/649/EEC requires the establishment of a programme of controls on imports from each third country, including systematic inspections in the event of positive results;
Whereas, pursuant to Article 8 of Council Directive 85/358/EEC of 16 July 1985 supplementing Directive 81/602/EEC concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action (8) and Article 9 of Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (9), if the results of tests on animals or meat indicate the need for investigation, the Member State concerned must notify other Member States and the Commission;
Whereas a system to monitor fresh meat from third countries for such substances would require the application of statistical sampling methods to such meat on a Community basis;
Whereas Article 23 of Directive 72/462/EEC requires fresh meat to be subjected to an animal health inspection, whatever the procedure under which it is declared, and prohibits importation if it is found that the meat does not come from an approved country or establishment, or if it comes from a prohibited country, or if it is not covered by a health certificate which complies with the conditions of Article 22 of that Directive;
Whereas such sampling routines and other requirements for the exchange of information between inspection posts, Member States and the Commission require that use be made of modern communications and data-processing technology to manage the flow of data to ensure that the inspection procedure does not hinder the free movement of goods, by making the information freely and quickly available at all levels;
Whereas the rapid flow of data will provide safeguards against the risk of the introduction of bovine animals, swine or fresh meat which present a hazard in respect of animal or public health, because of the situation in the country of origin, and in particular because of false declarations which may be made;
Whereas the use of modern technology will allow the application of extra safeguards without impeding the flow of imported goods;
Whereas the Council adopted a resolution on the computerization of administrative procedures in intra-Community trade (10); whereas, further to that resolution, the Commission transmitted to the Council a communication on the coordinated development of computerized administrative procedures (CD project) (11), which provides a framework for developing computerized systems for international trade extending up to 31 December 1991; whereas that Communication broadened the scope of the said resolution since it not only established guidelines for developing national computerized systems dealing with intra-Community trade but also covered systems for external trade and the interconnection of the relevant systems of the Commission with those of the Member States (the CD project);
Whereas, however, the CD project does not itself take account of the special requirements of veterinary inspection services in Member States; whereas, therefore, these requirements should be examined in detail and measures introduced to ensure that the necessary inspections and tests are carried out as efficiently and speedily as possible;
Whereas the Commission should be responsible for implementing measures necessary for the coordinated development of computerization of these procedures; whereas these objectives are an integral part of the general framework of the CADDIA programme; whereas it is necessary to establish an appropriate procedure which allows the Commission to adopt Community measures necessary for the implementation of the Shift project,
HAS ADOPTED THIS DECISION:
Article 1 The Commission shall be responsible for drawing up a programme for the development of computerization of veterinary importation procedures (Shift project).
From the date of notification of this Decision and until the adoption of the said programme, the Member States and the Commission shall coordinate their actions with regard to any new measure to be taken in the field covered by this Decision.
Article 2 The Shift project shall be undertaken as part of the CADDIA programme in conformity with its long-term objectives of providing the necessary organizational infrastructure and data-processing facilities to enable the Commission and Member States to obtain access to and process, expeditiously and efficiently, the information needed to achieve the objectives of such Regulations and Directives as may be or have been enacted pursuant to Directive 72/462/EEC, and in particular Articles 20, 22, 23, 24 and 28 thereof, Decision 84/390/EEC, Directives 85/649/EEC and 86/469/EEC and such other Regulations, Directives and Decisions as may be made in the field of harmonization of animal and public health rules relating to the importation of animals and animal products from third countries.
Article 3 In order to achieve the objectives of the Shift project, the Commission shall, after obtaining the opinion of the CADDIA Steering Committee set up by Decision 85/214/EEC (12), and acting in accordance with the procedure set out in Article 4 thereof:
- draw up a programme to coordinate action by Member States and the Commission designed to achieve the objectives set out in Article 2, taking into account the compatibility of national communication and data-processing systems from frontier posts,
- adopt appropriate standards for the interchange of data and rules governing the security of the data exchanged.
Article 4 1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter forthwith to the Standing Veterinary Committee, hereinafter referred to as the ´committee', either on his own initiative or at the request of the Member State.
2. Within the Committee the votes of the Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. 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 a majority of 54 votes.
4. The Commission shall adopt the measures and shall apply them immediately when they are in accordance with the Committee's opinion. When they are not in accordance with the Committee's opinion, or in the absence of any opinion, the Commission shall forthwith 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 three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately.
Article 5 The Council, acting by a qualified majority on a proposal from the Commission, shall adopt amendments or additions to this Decision.
Article 6 This Decision is addressed to the Member States.
Done at Brussels, 28 March 1988.
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COMMISSION DECISION
of 3 February 2006
amending Decision 97/467/EC as regards the inclusion of one establishment in Uruguay in provisional lists of third country establishments from which Member States are authorised to import ratite meat
(notified under document number C(2006) 233)
(Text with EEA relevance)
(2006/65/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), and in particular Article 2(4) thereof,
Whereas:
(1)
Commission Decision 97/467/EC of 7 July 1997 drawing up provisional lists of third country establishments from which the Member States authorise imports of rabbit meat and farmed game meat (2) sets out provisional lists of establishments in third countries from which the Member States are authorised to import farmed game meat, rabbit meat and ratite meat.
(2)
Uruguay has provided the name of one establishment producing ratite meat for which the responsible authorities certify that the establishments comply with Community rules.
(3)
Accordingly, this establishment should be included in the lists set out in Decision 97/467/EC.
(4)
Imports from this establishment should not be eligible for reduced physical checks pursuant to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3).
(5)
Decision 97/467/EC should therefore be amended accordingly.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Decision 97/467/EC is amended in accordance with Annex to this Decision.
Article 2
This Decision shall apply from 11 February 2006.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 3 February 2006.
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COMMISSION REGULATION (EC) No 877/2005
of 9 June 2005
suspending the buying-in of butter in certain Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),
Having regard to Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream (2), and in particular Article 2 thereof,
Whereas:
(1)
Article 2 of Regulation (EC) No 2771/1999 lays down that buying-in is to be opened or suspended by the Commission in a Member State, as appropriate, once it is observed that, for two weeks in succession, the market price in that Member State is below or equal to or above 92 % of the intervention price.
(2)
Commission Regulation (EC) No 706/2005 (3) establishes the most recent list of Member States in which intervention is suspended. This list must be adjusted as a result of the market prices communicated by Sweden pursuant to Article 8 of Regulation (EC) No 2771/1999. In the interests of clarity, the list in question should be replaced and Regulation (EC) No 706/2005 should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Buying-in of butter as provided for in Article 6(1) of Regulation (EC) No 1255/1999 is hereby suspended in Belgium, Denmark, Cyprus, Hungary, Malta, Greece, Luxembourg, the Netherlands, Austria, Slovenia, Sweden and Finland.
Article 2
Regulation (EC) No 706/2005 is hereby repealed.
Article 3
This Regulation shall enter into force on 10 June 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 2005.
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Commission Regulation (EC) No 445/2002
of 26 February 2002
laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(1), and in particular Articles 34, 45 and 50 thereof,
Whereas:
(1) Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(2), as last amended by Regulation (EC) No 1763/2001(3), has been substantially amended a number of times. Moreover, experience gained during the first two years of programming shows that further clarifications are needed, in particular as concerns the procedure for amending programming documents and the indicative overall financial table. In the interests of clarity and rationalisation, therefore, Regulation (EC) No 1750/1999 should be recast.
(2) Regulation (EC) No 1257/1999 established a single legal framework for EAGGF support for rural development. In particular, Title II thereof specifies the measures eligible for support, their objectives and the criteria for eligibility. This legal framework applies to support for rural development throughout the Community.
(3) Detailed rules should be adopted to supplement this framework, taking account of experience gained using the instruments applied under the various Council Regulations repealed by Article 55(1) of Regulation (EC) No 1257/1999. Those rules should follow the principles of subsidiarity and proportionality, and should therefore be restricted to what is necessary for the attainment of the aims being pursued.
(4) With respect to the eligibility criteria, Regulation (EC) No 1257/1999 lays down three basic conditions for support for investment in agricultural holdings and processing plants and support for young farmers. The time at which those conditions must be fulfilled should be specified, including, in the case of investment aid, the condition regarding demonstration of the economic viability of an agricultural holding, on the basis of an adequate assessment of the prospects of that holding. It can be very difficult for farms in rural areas facing very serious structural difficulties to meet these requirements. In the case of small investments, Member States should be allowed to grant farms a period of grace in which to meet these requirements.
(5) Community support for investments in holdings and processing plants is subject to the condition that normal market outlets can be found for the products concerned. Detailed rules should be laid down for assessing such market outlets.
(6) Support for vocational training should not cover normal agricultural and forestry education.
(7) As regards the conditions for early retirement support, specific problems arising where a holding is transferred by several transferors or by a tenant farmer should be solved.
(8) Compensatory allowances payable in less-favoured areas for land used jointly by several farmers should be paid to each farmer concerned in proportion to the degree to which the farmer is entitled to its use.
(9) Article 16 of Regulation (EC) No 1257/1999 provides that farmers may receive support to offset additional costs and loss of income if they farm in areas where environmental constraints mean that they are subject to environmental protection restrictions based on Community provisions. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(4) is intended to reduce the pollution of waters by nitrates from agriculture and to prevent it from spreading. In line with the "polluter pays" principle in Article 174(2) of the Treaty, there should be no compensation for the costs and income losses resulting from application of the restrictions imposed by that Directive, which should therefore be excluded from the scope of Article 16 of Regulation (EC) No 1257/1999.
(10) As regards agri-environment support, the minimum requirements to be met by farmers in connection with the various agri-environment commitments should ensure a balanced application of agri-environment support that takes account of its objectives and will thus contribute to sustainable rural development.
(11) The selection criteria for investments to improve the processing and marketing of agricultural products should be fixed. The experience gained shows that these selection criteria should be based on broad principles rather than sectoral rules.
(12) The outermost regions of the Community should be exempt, subject to certain conditions, from the second indent of Article 28(1) of Regulation (EC) No 1257/1999, under which no support may be granted for investments intended for the processing or marketing of products from third countries.
(13) The forests not eligible for support under Article 29(3) of Regulation (EC) No 1257/1999 should be defined in greater detail.
(14) Detailed conditions should be laid down for support for afforestation of agricultural land and payments for activities to maintain and improve the ecological stability of forests.
(15) Under Article 33 of Regulation (EC) No 1257/1999, support is granted for other measures relating to farming activities and their conversion and to rural activities that are not covered by any other rural development measure. Given the wide variety of measures which could be covered by this Article, it should be left primarily to the Member States to lay down the conditions for support as part of their programming.
(16) Rules common to several measures should be laid down to ensure, in particular, that common standards of good farming practice are applied where measures refer to that criterion, and to guarantee the flexibility needed for long-term commitments to take account of events which might affect those commitments without jeopardising the effective implementation of the various support measures.
(17) A clear dividing line should be drawn between financing rural development support and financing support under the common market organisations. Any exceptions to the principle that measures covered by support schemes under common market organisations should not be eligible for rural development support should be proposed by Member States in their rural development programming, according to their specific needs and following a transparent procedure.
(18) Rural development support payments should be made in full to the beneficiaries.
(19) Commission Regulation (EC) No 1685/2000(5) lays down detailed rules for implementing Council Regulation (EC) 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(6), as amended by Regulation (EC) No 1447/2001(7), as regards eligibility of expenditure under operations part-financed by the Structural Funds, and hence by the EAGGF Guidance Section. In the interests of consistency, Regulation (EC) No 1685/2000 should also apply to measures part-financed by the EAGGF Guarantee Section, except where otherwise provided in Regulation (EC) No 1257/1999, in Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(8) or in this Regulation.
(20) Commission Decision 1999/659/EC of 8 September 1999 fixing an indicative allocation by Member States of the allocations under the European Agricultural Guidance and Guarantee Fund Guarantee Section for rural development measures for the period 2000 to 2006(9), as amended by Decision 2000/426/EC(10), specifies the type of expenditure covered by the allocations made to the Member States. Moreover, under Commission Regulation (EC) No 2603/1999 of 9 December 1999 laying down rules for the transition to the rural development support provided for by Council Regulation (EC) No 1257/1999(11), as last amended by Regulation (EC) No 2055/2001(12), payments arising from certain commitments made before 1 January 2000 may be included in the rural development programming for 2000-2006, subject to certain conditions. It is therefore necessary to specify what is included in the overall amount of Community support fixed for each rural development plan under the single programming document approved by the Commission.
(21) Article 5 of Council Regulation (EC) No 1259/1999 of 17 May 1999 establishing common rules for direct support schemes under the common agricultural policy(13), as amended by Regulation (EC) No 1244/2001(14), stipulates that the amounts accruing from penalties for infringement of environmental protection requirements or from modulation remain available to the Member States as additional Community support for certain rural development measures. Exactly what the Commission's approval covers in the case of such measures should be specified.
(22) Detailed rules should be laid down for the presentation of rural development plans and their revision.
(23) In order to facilitate the establishment of rural development plans and their examination and approval by the Commission, common rules should be laid down for the structure and content of those plans, based on the requirements set out in particular in Article 43 of Regulation (EC) No 1257/1999.
(24) Requirements should be set for amendments to rural development programming documents so as to enable the Commission to examine them quickly and efficiently.
(25) Only those amendments which involve important changes to rural development programming documents should be subject to the management committee procedure. Other amendments should be decided by the Member States and communicated to the Commission.
(26) In order to cover all the measures needed for the implementation of the Community initiative programme for rural development, the scope of the measures eligible for aid from the EAGGF Guidance Section should be extended beyond what is provided under Regulation (EC) No 1257/1999.
(27) Detailed rules should be laid down on the financial planning and contributions to financing of the measures financed by the EAGGF Guarantee Section under Article 35(1) and (2) of Regulation (EC) No 1257/1999.
(28) In this connection, Member States should report regularly to the Commission on the state of financing of rural development measures.
(29) Steps should be taken to ensure that appropriations earmarked for rural development support are efficiently used, in particular by providing for the Commission to grant an initial advance payment to paying agencies and for allocations to be adjusted according to needs and in the light of past performance. It would also be advisable to provide for the possibility of granting advances to certain categories of beneficiaries, under certain conditions, in order to facilitate the implementation of investment measures.
(30) The general rules on budgetary discipline, in particular those relating to incomplete or incorrect declarations by Member States, should apply in addition to the specific rules laid down in this Regulation.
(31) The detailed financial administration of rural development measures should be governed by the regulations implementing Regulation (EC) No 1258/1999.
(32) Procedures and requirements for monitoring and evaluation should be laid down following the principles applicable to other Community support measures, in particular those laid down by Regulation (EC) No 1260/1999.
(33) The administrative rules should permit better administration, monitoring and control of rural development support. In the interests of simplicity, Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes(15), as last amended by Commission Regulation (EC) No 495/2001(16), and the detailed rules for applying it as laid down by Commission Regulation (EC) No 2419/2001(17), as amended by Regulation (EC) No 2550/2001(18), should be applied wherever possible.
(34) Provision should be made for a system of penalties at both Community and Member State level.
(35) The Committee on Agricultural Structures and Rural Development has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
CHAPTER I
RURAL DEVELOPMENT MEASURES
SECTION 1
Investment in agricultural holdings
Article 1
1. The conditions for support for investment laid down in Article 5 of Regulation (EC) No 1257/1999 must be fulfilled at the time when the individual decision to grant support is taken.
2. Where investments are made in order to comply with newly introduced minimum standards relating to the environment, hygiene, and animal welfare, support may be granted in order to reach these new standards. In such cases, a period of grace may be provided to meet these minimum standards where time is needed to solve the specific problems involved in reaching such standards and provided this is in accordance with the specific legislation concerned.
3. In the case of farms in rural areas where the structural difficulties caused by the very small size of farms make it particularly difficult to meet the requirements of Article 5 of Regulation (EC) No 1257/1999, Member States may grant such farms support for investments totalling less than EUR 25000 to enable them to comply with those requirements within a period of not more than three years from the date of the decision to grant the support.
The provisions of the first subparagraph shall apply until 31 December 2002 and without prejudice to paragraph 2 of this Article.
Article 2
1. For the purposes of Article 6 of Regulation (EC) No 1257/1999, the existence of normal market outlets shall be assessed at the appropriate level in terms of:
(a) the products concerned;
(b) the types of investment;
(c) existing and planned capacity.
2. Any restrictions on production or limitations on Community support under common market organisations shall be taken into account.
3. Where a common market organisation places restrictions on production or limitations on Community support at the level of individual farmers, holdings or processing plants, no investment shall be supported which would increase production beyond those restrictions or limitations.
Article 3
1. Where investments are made by young farmers, the maximum percentages of the volume of eligible investment referred to in the second sentence of the second paragraph of Article 7 of Regulation (EC) No 1257/1999 may be applied for up to five years after setting-up.
2. Article 4(2) of this Regulation shall also apply to investments made by young farmers within five years of setting-up.
SECTION 2
Setting-up of young farmers
Article 4
1. The conditions for start-up assistance for young farmers laid down in Article 8(1) of Regulation (EC) No 1257/1999 must be met at the time when the individual decision to grant support is taken. Farmers starting up under the conditions described in Article 5(3) of this Regulation who apply for aid no later than 31 December 2001 must meet the age condition laid down in the first indent of Article 8(1) of Regulation (EC) No 1257/1999 at the time of start-up.
2. A period not exceeding three years may be allowed after starting up in order to meet the requirements relating to occupational skill and competence, economic viability and minimum standards regarding the environment, hygiene and animal welfare, if the young farmer needs a period of adaptation in which to start up or to restructure the holding.
Article 5
1. The individual decision to grant the aid provided for in Article 8 of Regulation (EC) No 1257/1999 shall be taken no later than 12 months after start-up as defined by the provisions in force in the Member States.
2. Where young farmers who start up before 1 January 2002 would be able to receive support more than 12 months after starting up under the arrangements in the programming document approved by the Commission, Member States may take the individual decision to grant support no later than 31 December 2002.
3. Where young farmers have started up in 1999, 2000 or 2001 and have not yet received support for budget or administrative reasons, Member States may take the individual decision to grant support no later than 31 December 2001 or within not more than 12 months after start-up.
SECTION 3
Training
Article 6
Support for vocational training shall not include courses of instruction or training which form part of normal programmes or systems of agricultural and forestry education at secondary or higher levels.
SECTION 4
Early retirement
Article 7
Where a farm is transferred by several transferors, overall support shall be limited to the amount provided for one transferor.
Article 8
Non-commercial farming activity continued by the transferor in accordance with the first indent of Article 11(1) of Regulation (EC) No 1257/1999 shall not be eligible for support under the common agricultural policy.
Article 9
A tenant farmer may transfer the released land to the owner provided that the lease is terminated and the requirements relating to the transferee laid down in Article 11(2) of Regulation (EC) No 1257/1999 are complied with.
Article 10
Released land may be included in a re-parcelling operation or in a simple exchange of parcels.
In such cases, the conditions applicable to released land shall be applied to areas agronomically equivalent to the released land.
Member States may make provision for released land to be taken in charge by a body which undertakes to reassign it at a later date to a transferee who satisfies the conditions laid down for early retirement.
SECTION 5
Less-favoured areas and areas with environmental restrictions
Article 11
Compensatory allowances for areas used jointly by several farmers for the purpose of grazing animals may be granted to each farmer concerned in proportion to that farmer's use or, right of use, of the land.
Article 12
The support provided for in Article 16 of Regulation (EC) No 1257/1999 may not offset the costs and loss of income resulting from the implementation of restrictions based on Directive 91/676/EEC.
SECTION 6
Agri-environment
Article 13
Any commitment to extensify livestock farming or manage livestock farming differently shall comply with at least the following conditions:
(a) grassland management shall continue;
(b) the livestock shall be distributed across the farm in such a way that the whole of the grazed area is maintained, thus avoiding both over-grazing and under-utilisation;
(c) livestock density shall be defined taking into account all grazing livestock kept on the farm or, in the case of a commitment to limit nutrient leaching, all animals kept on the farm which are relevant to the commitment in question.
Article 14
1. Support may relate to the following commitments:
(a) to rear farm animals of local breeds indigenous to the area and in danger of being lost to farming;
(b) to preserve plant genetic resources naturally adapted to the local and regional conditions and under threat of genetic erosion.
2. The local breeds and plant genetic resources must play a role in maintaining the environment on the area to which the measure provided for in paragraph 1 applies.
The eligible species of farm animals and the criteria for determining the threshold of loss to farming of local breeds are defined in the table in Annex I to this Regulation.
Article 15
For the purposes of the second subparagraph of Article 24(1) of Regulation (EC) No 1257/1999, capital works shall be considered to be non-remunerative provided that they do not normally lead to any significant net increase in the value or profitability of the farm.
Article 16
Agri-environment commitments beyond the minimum period of five years referred to in Article 23(1) of Regulation (EC) No 1257/1999 shall not run for a longer period than is reasonably necessary for the achievement of their environmental effects. They shall normally be for no longer than 10 years, except in the case of specific commitments where a longer period is found to be indispensable.
Article 17
Various agri-environment commitments may be combined provided that they are complementary and compatible.
Where agri-environment measures are thus combined, the level of support shall take account of income forgone and specific additional costs arising from the combination.
Article 18
1. The reference level for calculating income forgone and additional costs resulting from the commitments given shall be the usual good farming practice in the area where the measure is applied.
The economic consequences of abandoning land or ceasing certain farming practices may be taken into account where this is justified by the agronomic or environmental circumstances.
2. Payments may not be made per unit of production, except in the case of support for rearing farm animals of breeds which are in danger of being lost, which may be paid per livestock unit or per animal reared. Where commitments are normally expressed in units other than area, Member States may calculate payments on the basis of those units.
3. In the specific cases referred to in paragraph 2, Member States shall ensure that the maximum amounts per year eligible for Community support as set out in the Annex to Regulation (EC) No 1257/1999 are complied with.
To this end the Member State may:
(a) set a limit on the number of units per hectare of the farm to which the agri-environment commitments applies; or
(b) determine the overall maximum amount for each participating farm and ensure that the payments for each farm are compatible with this limit.
4. Payments may be based on limitations on the use of fertilisers, plant protection products or other inputs only if such limitations are technically and economically measurable.
Article 19
Member States shall determine the need to provide an incentive as provided for in the third indent of the first subparagraph of Article 24(1) of Regulation (EC) No 1257/1999 on the basis of objective criteria.
Incentives may not exceed 20 % of the income forgone and additional costs due to the commitment given, except in the case of specific commitments where a higher rate is deemed to be indispensable for effective implementation of the measure.
Article 20
A farmer who gives an agri-environment commitment relating to one part of a farm shall adhere to at least the standard of usual good farming practice throughout the farm.
Article 21
1. Member States may authorise one commitment to be converted into another during the period of its operation, on condition that:
(a) any such conversion is of unquestionable benefit to the environment;
(b) the existing commitment is significantly reinforced; and
(c) the approved programme includes the commitments concerned.
An agri-environment commitment may be converted into a commitment for afforestation of agricultural land under Article 31 of Regulation (EC) No 1257/1999 subject to the conditions set out in points (a) and (b) of the first subparagraph of this paragraph. The agri-environment commitment shall cease without reimbursement being required.
2. Member States may allow agri-environment commitments to be adjusted during the period for which they apply, provided that the approved programme includes scope for such adjustment and that the adjustment is duly justified having regard to the objectives of the commitment.
SECTION 7
Improving the processing and marketing of agricultural products
Article 22
Eligible expenditure may include:
(a) the construction and acquisition of immovable property, with the exception of land purchase;
(b) new machinery and equipment including computer software;
(c) general costs, such as architects', engineers' and consultants' fees, feasibility studies, acquisition of patents and licences.
The costs referred to in point (c) of the first subparagraph are in addition to the costs referred to in (a) and (b) and shall be considered eligible expenditure up to a ceiling of 12 % of those costs.
Article 23
1. For the purposes of Article 26(3) of Regulation (EC) No 1257/1999, the existence of normal market outlets shall be assessed at the appropriate level in relation to:
(a) the products concerned;
(b) the types of investment;
(c) existing and planned capacity.
2. Any restrictions on production or limitations on Community support under common market organisations shall be taken into account.
Article 24
In the outermost regions, support may be granted for investment in the processing or marketing of products from third countries, provided that the processed products are intended for the market of the region in question.
For the purpose of compliance with the condition laid down in the first subparagraph, support shall be limited to processing capacity corresponding to regional needs, provided that such processing capacity does not exceed such needs.
SECTION 8
Forestry
Article 25
The forests excluded from forestry support under Article 29(3) of Regulation (EC) No 1257/1999 shall be:
(a) forest or other wooded land owned by central or regional governments, or by government-owned corporations;
(b) Crown forest and other wooded land;
(c) forests owned by legal persons at least 50 % of whose capital is held by one of the institutions referred to in points (a) and (b).
Article 26
Agricultural land eligible for support for afforestation under Article 31 of Regulation (EC) No 1257/1999 shall be specified by the Member State and shall include in particular arable land, grassland, permanent pastures and land used for perennial crops, where farming takes place on a regular basis.
Article 27
1. For the purposes of the second indent of the second subparagraph of Article 31(1) of Regulation (EC) No 1257/1999, "farmer" means a person who devotes an essential part of his or her working time to agricultural activities and derives from them a significant part of his or her income according to detailed criteria to be determined by the Member State.
2. For the purposes of the second subparagraph of Article 31(3) of Regulation (EC) No 1257/1999, "fast-growing species cultivated in the short term" means species with a rotation time, namely the period between two harvest cuts on the same parcel, of less than 15 years.
Article 28
1. Support under Article 32 of Regulation (EC) No 1257/1999 may not be granted for areas for which support under Article 31 of that Regulation has been granted.
2. Payments for maintaining fire-breaks through agricultural measures under the second indent of Article 32(1) of Regulation (EC) No 1257/1999 may not be granted for areas which are the subject of agri-environment support.
Such payments shall be consistent with any restrictions on production or limitations on Community support under common market organisations and shall take account of payments made under those common market organisations.
SECTION 9
Rules common to several measures
Article 29
For the purposes of the third indent of Article 14(2) and the first subparagraph of Article 23(2) of Regulation (EC) No 1257/1999, "usual good farming practice" means the standard of farming which a reasonable farmer would follow in the region concerned.
Member States shall set out verifiable standards in their rural development plans. These standards shall at least entail compliance with general mandatory environmental requirements.
Article 30
Where a beneficiary transfers all or part of a holding to another person during the period for which a commitment given as a condition for the grant of support runs, the transferee may take over the commitment for the remainder of the period. If the commitment is not transferred, the beneficiary shall reimburse the support granted.
Member States may choose not to require such reimbursement if a beneficiary who has already honoured a significant part of the commitment concerned definitively ceases agricultural activities and it is not feasible for a successor to take over the commitment.
In the event of minor changes to the situation of a holding, Member States may take specific measures to ensure that application of the first subparagraph does not lead to inappropriate results in terms of the commitment entered into.
Article 31
1. When a beneficiary increases the area of the holding during the period for which a commitment given as a condition for the grant of support runs, Member States may provide for the commitment to be extended to cover the additional area for the remainder of the period of the commitment in accordance with paragraph 2, or for the original commitment to be replaced by a new one in accordance with paragraph 3.
Provision may also be made for such replacement in cases where the area covered by a commitment within a holding is extended.
2. The extension referred to in paragraph 1 may be granted only under the following conditions:
(a) it is of unquestionable benefit to the measure concerned;
(b) it is justified in terms of the nature of the commitment, the length of the remaining period and the size of the additional area;
(c) it does not impede the effectiveness of checks to ensure compliance with the conditions for the grant of support.
The size of the additional area referred to in (b) must be significantly less than the original area or not more than two hectares.
3. The new commitment referred to in paragraph 1 shall cover the whole area concerned under terms at least as strict as those of the original commitment.
Article 32
Where a beneficiary is unable to continue to comply with commitments given because the holding is reparcelled or is the subject of other similar public land-consolidation measures, Member States shall take the measures necessary to allow the commitments to be adapted to the new situation of the holding. If such adaptation proves impossible, the commitment shall expire and reimbursement shall not be required in respect of the period in which the commitment was effective.
Article 33
1. Without prejudice to the actual circumstances to be taken into consideration in individual cases, Member States may recognise, in particular, the following categories of force majeure:
(a) death of the farmer;
(b) long-term professional incapacity of the farmer;
(c) expropriation of a large part of the holding if this could not have been anticipated on the day on which the commitment was given;
(d) a severe natural disaster seriously affecting the agricultural land on the holding;
(e) the accidental destruction of livestock buildings on the holding;
(f) an epizootic disease affecting all or part of the farmer's livestock.
Member States shall notify the Commission of categories which they recognise as force majeure.
2. Cases of force majeure shall be notified in writing to the competent authority, together with relevant evidence to the satisfaction of that authority, within 10 working days of the date on which the farmer is in a position to do so.
CHAPTER II
GENERAL RULES AND ADMINISTRATIVE AND FINANCIAL PROVISIONS
SECTION 1
General rules
Article 34
For the purposes of the second subparagraph of Article 37(3) of Regulation (EC) No 1257/1999, Articles 35, 36 and 37 of this Regulation shall apply.
Article 35
1. Environmental measures implemented under common market organisations, agricultural quality and health measures, or rural development measures other than agri-environment support, shall not preclude agri-environment support for the same production, provided that such support is additional and consistent with the measures concerned.
2. In the event of a combination as envisaged in paragraph 1, the following provisions shall apply:
(a) agri-environment measures on land set aside under Article 6 of Council Regulation (EC) No 1251/1999(19) shall qualify for support only if the commitments go beyond the appropriate environmental measures referred to in Article 6(2) of that Regulation;
(b) in the case of extensification of beef production, support shall take account of the extensification payment under Article 13 of Council Regulation (EC) No 1254/1999(20);
(c) in the case of support for less-favoured areas and areas with environmental restrictions, agri-environment commitments shall take account of the conditions laid down for support in the areas concerned.
3. For the purposes of applying paragraphs 1 and 2, the level of support shall take account of income forgone and specific additional costs arising from the combination.
Article 36
Under no circumstances may the same commitment be the subject of payments simultaneously under agri-environment support and another Community aid scheme.
Article 37
Member States shall propose any exceptions under the first indent of the second subparagraph of Article 37(3) of Regulation (EC) No 1257/1999 in their rural development plans or programming documents presented for Objectives 1 and 2 as provided for in Article 18(1) and (2) and Article 19(1), (2) and (3) of Regulation (EC) No 1260/1999.
Article 38
Payments under rural development measures shall be made in full to the beneficiaries.
Article 39
Regulation (EC) No 1685/2000 shall apply to measures included in the programming referred to in Article 40(2) and (3) of Regulation (EC) No 1257/1999, except where otherwise provided in Regulations (EC) No 1257/1999 and No 1258/1999 and this Regulation.
SECTION 2
Programming
Article 40
The rural development plans under Title III, Chapter II, of Regulation (EC) No 1257/1999 shall be submitted in accordance with Annex II to this Regulation.
Article 41
1. The approval of the programming documents referred to in Article 44(2) of Regulation (EC) No 1257/1999 shall determine the overall amount of Community support.
That amount shall include:
(a) expenditure on measures presented under the new rural development programming, including expenditure on evaluation under Article 49(2) of Regulation (EC) No 1257/1999;
(b) expenditure incurred under earlier accompanying measures covered by Council Regulations (EEC) No 2078/92(21), (EEC) No 2079/92(22) and (EEC) No 2080/92(23) as well as expenditure incurred under the measures covered by the earlier Regulations repealed by the above Regulations;
(c) expenditure incurred on measures under Article 4 of Regulation (EC) No 2603/1999.
2. Besides the provisions of paragraph 1, the approval shall also cover the allocation and use of amounts remaining available to the Member States as additional Community support under Article 5 of Regulation (EC) No 1259/1999.
However, those amounts shall not be included in the overall amount of Community support referred to in paragraph 1.
3. The approval may cover State aid intended to provide additional financing to rural development measures only if the State aid is identified in accordance with point 16 of Annex II.
Article 42
Member States shall make rural development programming documents available to the public.
Article 43
Where rural development measures are submitted in the form of general framework regulations, rural development plans shall make appropriate reference to such regulations.
Articles 40, 41 and 42 shall also apply in the case referred to in the first paragraph.
Article 44
1. Amendments to rural development programming documents and single programming documents under Objective 2 in the case of rural development measures financed by the EAGGF Guarantee Section shall be duly substantiated, in particular giving the following information:
(a) the reasons and any implementation problems justifying adjustment of the programming document;
(b) the expected effects of the amendment;
(c) the implications for financing and verification of commitments.
2. Acting in accordance with the procedures referred to in Articles 50(2) and 48(3), respectively, of Regulation (EC) No 1260/1999, the Commission shall approve any amendments to rural development programming documents and to single programming documents under Objective 2 in the case of rural development measures financed by the EAGGF Guarantee Section whenever they have a bearing on:
(a) priorities;
(b) the main features of the support measures as indicated in Annex II, including changes to the rate of Community contribution;
(c) the overall amount of Community support;
(d) the financial allocation made for any measure, by changing it by more than 10 % of the amount provided for the entire programming period, calculated on the basis of the programming document approved by the Commission;
(e) additional financing in the form of State aid granted for any measure, by changing it by more than 10 % of the amount provided for that measure for the entire programming period, calculated on the basis of the programming document approved by the Commission.
Points (d) and (e) shall not apply to measures with a financial allocation accounting for less than 5 % of the total amount allocated to the programme for the entire programming period.
3. Amendments shall be submitted to the Commission in a single proposal per programme no more than once a year.
4. Amendments of a financial nature which are not covered by points (d) and (e) of paragraph 2 shall be communicated in due time to the Commission for information.
5. Amendments other than those covered in paragraphs 2 and 4 shall be communicated to the Commission at least two months before their entry into force.
Article 45
Where Community legislation is subsequently amended, rural development programming documents and single programming documents under Objective 2 shall be revised in line with subsequent changes in Community legislation.
Article 44(3) shall not apply to such revisions.
If the amendment of rural development programming documents or single programming documents under Objective 2 is limited to bringing the document into line with new Community legislation, such amendments shall be sent to the Commission for information.
SECTION 3
Additional measures and Community initiatives
Article 46
The scope of assistance from the EAGGF Guidance Section for measures in the Community initiative for rural development shall be extended to the whole Community and its financing extended to measures eligible under European Parliament and Council Regulations (EC) No 1783/1999(24) and (EC) No 1784/1999(25).
SECTION 4
Financial provisions
Article 47
1. No later than 30 September each year, the Member States shall forward the following information to the Commission, for each rural development programming document and each single programming document under Objective 2 in the case of rural development measures financed by the EAGGF Guarantee Section:
(a) a statement of expenditure incurred in the current financial year and expenditure remaining to be disbursed by the end of that year and covered by Community support as defined in Article 41(1); and
(b) revised forecasts of such expenditure for subsequent financial years until the end of the programming period concerned, keeping within the allocation for each Member State.
This information shall be transmitted in table format using a computerised model supplied by the Commission.
2. Without prejudice to the general rules on budgetary discipline, where the information which Member States are required to transmit to the Commission under paragraph 1 is incomplete or the time limit has not been met, the Commission shall reduce advances on entry in the accounts of agricultural expenditure on a temporary and flat-rate basis.
Article 48
1. For the month during which the decision is adopted approving a rural development programming document or a single programming document under Objective 2 in the case of rural development measures financed by the EAGGF Guarantee Section, the paying agencies may enter in the accounts as expenditure an advance not exceeding 12,5 % of the average annual EAGGF contribution provided for in the programming document, covering the expenditure referred to in Article 41(1).
This advance shall represent working capital which, in principle, may be recovered only at the end of the programming period for each programming document, or once the aggregate sum of the expenditure paid out by the EAGGF and the amount of the advance is equal to the total EAGGF contribution provided for in the programming document.
2. The advance under paragraph 1 shall be entered in the accounts, for those countries whose currency is not the euro on the date of such entry, using the rate of exchange prevailing on the penultimate Commission working day of the month preceding that in which the paying agencies enter the advance in the accounts.
Article 49
1. For each Member State, expenditure declared for any given financial year shall be financed up to the limit of the amounts notified to the Commission under point (b) of the first subparagraph of Article 47(1) which are covered by the appropriations entered in the budget for the financial year concerned.
2. Where the total amount of the forecasts notified under point (b) of the first subparagraph of Article 47(1) exceeds the total appropriations entered in the budget for the financial year concerned, the maximum amount of expenditure to be financed for each Member State shall be limited using the formula used to establish the corresponding annual allocation as defined in Decision 1999/659/EC.
If, after this reduction, appropriations remain available because some Member States have made forecasts which are below their annual allocation, the surplus amount shall be distributed in proportion to the Member States' respective annual allocations while ensuring that the amount forecast for each Member State as referred to in the first subparagraph is not exceeded. The Commission shall notify the forecasts thus adjusted to the Member States in the month following the adoption of the budget for the financial year concerned.
3. Where expenditure actually incurred by a Member State in any given financial year exceeds the amounts notified under point (b) of the first subparagraph of Article 47(1) or the amounts resulting from the application of paragraph 2 of this Article, the overruns on expenditure in the current financial year shall be taken into account on a pro rata basis, up to the limit of the appropriations remaining available after reimbursing to the other Member States the expenditure incurred.
4. Where expenditure actually incurred by a Member State in a given financial year is less than 75 % of the amounts referred to in paragraph 1, the expenditure to be recognised for the following financial year shall be reduced by a third of the difference between this threshold, or the amounts resulting from the application of paragraph 2 if they are below it, and the actual expenditure incurred during the financial year concerned.
This reduction shall not be taken into account when establishing actual expenditure in the financial year following that in which the reduction was made.
5. Paragraph 4 shall not apply to the first statement of expenditure incurred during the 2000 financial year under the rural development programming document or the single programming document under Objective 2 in the case of rural development measures financed by the EAGGF Guarantee Section.
Article 50
Articles 47, 48 and 49 of this Regulation shall not apply to expenditure incurred under Article 5 of Regulation (EC) No 1259/1999.
Article 51
The Community shall contribute to financing evaluations in the Member States under Article 49(2) of Regulation (EC) No 1257/1999 where such evaluations actually contribute to evaluation at Community level by virtue of their scope, particularly through their replies to common evaluation questions and their quality.
The Community contribution shall not exceed 50 % of a ceiling which, except in duly justified cases, shall be 1 % of the total costs of the rural development programme. For each rural development programme, at least 40 % of the part-financing shall concern ex post evaluation.
Article 52
1. Beneficiaries of investment support measures under Title II, Chapters I, VII, VIII and IX, of Regulation (EC) No 1257/1999 may request the payment of an advance from the competent paying agencies if this option is included in the programming document. As regards public beneficiaries, this advance may only be granted to municipalities and associations thereof and to public law bodies.
2. The amount of the advance shall not exceed 20 % of the total cost of the investment, and its payment shall be subject to the establishment of a bank guarantee corresponding to 110 % of the amount of the advance.
However, in the case of the public beneficiaries referred to in paragraph 1, the paying agency may accept a written guarantee from their authority, in accordance with provisions applied in the Member States, covering an amount equal to the percentage specified in the first subparagraph, provided that the authority undertakes to pay the amount covered by its guarantee should entitlement to the advance paid not be established.
3. The guarantee shall be released once the competent agency notes that the amount of real expenditure resulting from the investment exceeds the amount of the advance.
4. Paying agencies shall declare to the EAGGF Guarantee Section the amount corresponding to the Community part-financing:
(a) of the advance paid;
(b) of the actual expenditure subsequently paid to beneficiaries, minus the amount of the advance already paid.
SECTION 5
Monitoring and evaluation
Article 53
1. The annual progress reports provided for in Article 48(2) of Regulation (EC) No 1257/1999 shall be submitted to the Commission by 30 April of each year and shall relate to the previous calendar year.
Progress reports shall contain the following information:
(a) any change in the general conditions which is of relevance to the implementation of the measure, and in particular any major socio-economic trends or changes in national, regional or sectoral policies;
(b) the progress of measures and priorities in relation to their operational and specific objectives, expressed using quantitative indicators;
(c) action taken by the management authority and the Monitoring Committee, if provision has been made for such a committee, to ensure high quality and effective implementation, and in particular:
(i) monitoring measures, financial control and evaluation, including data collection procedures;
(ii) a summary of the major problems encountered in managing the measure and any steps taken;
(d) measures taken to ensure compatibility with Community policies.
2. The indicators referred to in point (b) of the second subparagraph of paragraph 1 shall follow, as far as possible, the common indicators defined in the guidelines drawn up by the Commission. Where additional indicators are needed to effectively monitor progress towards the objectives in the rural development programming documents, these shall be included.
Article 54
1. Evaluations shall be performed by independent evaluators in accordance with recognised practice.
2. Evaluations shall provide answers, in particular, to common evaluation questions defined by the Commission in consultation with the Member States and shall, as a general rule, be accompanied by performance-related criteria and indicators.
3. The authority responsible for managing the rural development programming document shall assemble the appropriate resources for evaluations, making use of monitoring results and gathering additional information where necessary.
Article 55
1. Ex ante evaluation shall analyse the disparities, gaps and potentials of the current situation, assess the consistency of the proposed strategy with the situation and targets and consider the issues raised in the common evaluation questions. It shall assess the expected impact of the selected priorities for action and quantify their targets where possible. It shall also verify the proposed implementing arrangements and consistency with the common agricultural policy and other policies.
2. Ex ante evaluation shall be the responsibility of the authorities preparing the rural development plan and shall form part of it.
Article 56
1. Mid-term and ex post evaluation shall deal with the specific issues arising in the rural development programming document concerned and with common evaluation questions relevant at Community level. These shall relate to the living conditions and structure of the rural population, employment and income from farm and off-farm activities, agricultural structures, agricultural commodities, quality, competitiveness, forest resources and the environment.
If a common evaluation question is not considered relevant to a particular rural development programming document, this shall be substantiated.
2. Mid-term evaluation shall deal with the evaluation questions and shall examine in particular the initial achievements, their relevance to and consistency with the rural development programming document and the extent to which the targets have been attained. It shall also assess the use made of financial resources and the operation of monitoring and implementation.
Ex post evaluation shall answer the evaluation questions, paying particular attention to the use made of resources and the effectiveness and efficiency of assistance and its impact and shall draw conclusions concerning rural development policy, including its contribution to the common agricultural policy.
3. Mid-term and ex post evaluation shall be performed in consultation with the Commission under the responsibility of the authority in charge of managing rural development programming.
4. The quality of individual evaluations shall be assessed using recognised methods by the authority in charge of managing the rural development programming document, the Monitoring Committee, if any, and the Commission. The results of the evaluations shall be made available to the public.
Article 57
1. A mid-term evaluation report shall be transmitted to the Commission not later than 31 December 2003. The authority responsible for managing the rural development programming document shall inform the Commission on the follow-up to the recommendations in the evaluation report. The Commission shall prepare a Community-level summary upon receipt of the individual evaluation reports. Where necessary, an update of the mid-term evaluation shall be completed by 31 December 2005.
2. An ex post evaluation report shall be transmitted to the Commission not later than two years after the end of the programming period. Within three years of the end of the programming period and upon receipt of the individual evaluation reports the Commission shall prepare a Community-level summary.
3. The evaluation reports shall explain the methods used, including their implications for the quality of the data and the findings. Reports shall include a description of the context and contents of the programme, financial information and the answers - including the indicators used - to the common evaluation questions and the evaluation questions defined at national or regional level, as well as conclusions and recommendations. Their structure shall follow, as far as possible, a common structure for evaluation reports defined in guidelines drawn up by the Commission.
SECTION 6
Applications, checks and penalties
Article 58
1. Applications for rural development support for areas or animals which are lodged separately from aid applications under Article 6 of Regulation (EC) No 2419/2001 shall indicate all the areas and animals on the holding which are relevant for checking the applications under the measure in question, including those for which no support is requested.
2. Where a rural development support measure relates to areas, parcels shall be identified individually. During the period covered by a commitment, parcels receiving support may not be exchanged except in cases specifically provided for in the programming document.
3. Where an application for payment is included with an application for an area payment in the context of the integrated administration and control system, the Member State shall ensure that parcels covered by applications for rural development support are declared separately.
4. Plots of land and animals shall be identified in accordance with Articles 4 and 5 of Regulation (EEC) No 3508/92.
5. Where support is multiannual, payments subsequent to that made in the year an application was submitted shall be made in response to an annual application for payment, except where the Member State has introduced an effective annual verification procedure as referred to in Article 59(1).
Article 59
1. Initial applications to join a scheme and subsequent applications for payment shall be checked in a manner which ensures effective verification of compliance with the conditions for granting support.
The Member States shall define suitable methods and means for verifying each support measure as well as the persons who shall be subject to checks.
Wherever appropriate, Member States shall make use of the integrated administration and control system introduced by Regulation (EEC) No 3508/92.
2. Verification shall consist of administrative and on-the-spot checks.
Article 60
Administrative checks shall be exhaustive and shall include cross-checks wherever appropriate, inter alia with data from the integrated administration and control system. They shall relate to parcels and livestock covered by a support measure in order to avoid all unjustified payments of aid. Compliance with long-term commitments shall also be checked.
Article 61
On-the-spot checks shall be made in accordance with Title III of Regulation (EC) No 2419/2001. They shall cover at least 5 % of beneficiaries each year and all the different types of rural development measures set out in the programming documents.
On-the-spot checks shall be spread over the year on the basis of an analysis of the risks presented by each rural development measure.
Checks shall cover all the commitments and obligations of a beneficiary which can be checked at the time of the visit.
Article 62
1. Articles 30, 31 and 32 of Regulation (EC) No 2419/2001 shall apply to area payments.
Articles 36, 38 and 40 of that Regulation shall apply to headage payments.
2. Article 44 of Regulation (EC) No 2419/2001 shall apply to the support referred to in paragraph 1 of this Article.
3. In the event of undue payment, the individual beneficiary under a rural development measure shall be under an obligation to repay the amount in accordance with Article 49 of Regulation (EC) No 2419/2001.
Article 63
1. Any beneficiary found to have made a false declaration as a result of serious negligence shall be excluded from all rural development measures under the relevant chapter of Regulation (EC) No 1257/1999 for the calendar year in question.
Where a false declaration was made intentionally, the beneficiary shall be excluded for the following year as well.
2. The penalties provided for in paragraph 1 shall apply without prejudice to additional penalties provided for under national rules.
Article 64
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
CHAPTER III
FINAL PROVISIONS
Article 65
1. Regulation (EC) No 1750/1999 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
2. The Regulations and Decisions repealed by Regulation (EC) No 1750/1999 shall continue to apply to actions approved by the Commission before 1 January 2000 under the Regulations referred to in Article 55(1) of Regulation (EC) No 1257/1999.
Article 66
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 February 2002.
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COUNCIL REGULATION (EC) No 467/97
of 3 March 1997
providing for duty-free treatment for specified pharmaceutical active ingredients bearing an ‘international non-proprietary name’ (INN) from the World Health Organization and specified products used for the manufacture of finished Pharmaceuticals and withdrawing duty-free treatment as pharmaceutical products from certain INNs whose predominant use is not pharmaceutical
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, in the course of the Uruguay Round negotiations the Community and a number of countries discussed duty-free treatment of pharmaceutical products;
Whereas the participants in those discussions concluded that in addition to products falling within the Harmonized System (HS) Chapter 30 and HS headings 2936, 2937, 2939 and 2941, duty-free treatment should be given to designated pharmaceutical active ingredients bearing an ‘international non-proprietary name’ (INN) from the World Health Organization as well as specified salts, esters and hydrates of such INNs, and also to designated products used for the production and manufacture of finished products;
Whereas the results of the discussions, as set out in the record of discussions, were incorporated into the tariff schedules of the participants annexed to the Marrakesh Protocol to GATT 1994;
Whereas they also concluded that representatives of the WTO members party to the record of discussions would meet under the auspices of the Council for Trade in Goods of the WTO, normally at least once every three years - to review the product coverage with a view to including, by consensus, additional pharmaceutical products for tariff elimination;
Whereas the first such review has taken place with the conclusion that a certain number of additional INNs and products used for production and manufacture of finished Pharmaceuticals should be granted duty-free treatment and that the list of specified prefixes and suffixes for salts and esters of INNs should be expanded;
Whereas in the context of the review it was concluded that it was appropriate to rectify the situation with regard to certain INNs whose use was predominantly non-pharmaceutical and which had been inadvertently included among those INNs already receiving duty-free treatment,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 April 1997 the Community shall also accord duty-free treatment for the INNs listed in Annex I as well as the salts, esters and hydrates of such products.
Article 2
From 1 April 1997 the Community shall also grant duty-free treatment for the products used in the production and manufacture of pharmaceutical products listed in Annex II.
Article 3
From 1 April 1997 the specified prefixes and suffixes of INNs eligible for duty-free treatment shall also include those listed in Annex III.
Article 4
From 1 April 1997 the products listed in Annex IV together with the salts, esters and hydrates of such products shall no longer benefit from duty-free treatment.
Article 5
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, 3 March 1997.
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COMMISSION REGULATION (EC) No 2056/2004
of 30 November 2004
fixing the import duties in the cereals sector applicable from 1 December 2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.
(3)
Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.
(4)
The import duties are applicable until new duties are fixed and enter into force.
(5)
In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.
(6)
Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 1 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2004.
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Council Regulation No 2322/2002 (Euratom)
of 5 November 2002
concerning the rules for the participation of undertakings, research centres and universities in the implementation of the sixth framework programme of the European Atomic Energy Community (2002 to 2006)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 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:
(1) The sixth framework programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities, also contributing to the creation of the European Research Area (2002 to 2006) (the "sixth framework programme"), was adopted by Council Decision 2002/668/Euratom(4). The rules for financial participation by the Community need to be supplemented by other provisions to be laid down in accordance with Article 7 of the Treaty.
(2) Those provisions should fit into a coherent and transparent framework which takes full account of the objectives and characteristics of the instruments defined in Annex III to the specific programme (Euratom) for research and training on nuclear energy, adopted by Council Decision 2002/837/Euratom(5), in order to guarantee the most efficient implementation possible.
(3) The rules for the participation of undertakings, research centres and universities should take account of the nature of the research (including demonstration) and training activities in the field of nuclear energy. They may, moreover, vary, depending on whether the participant is based in a Member State, in an associated State, whether a candidate country or not, or in a third country, and on its legal structure, namely whether it is a national organisation, an international organisation, of European interest or not, or an association formed by participants.
(4) In conformity with the sixth framework programme, the participation of legal entities from third countries should be envisaged in line with the objectives of international cooperation, particularly as enshrined in Article 101 of the Treaty.
(5) International organisations which are dedicated to developing cooperation in the field of research in Europe and which are largely made up of Member States or associated States contribute to the creation of the European Research Area. They should therefore be encouraged to participate in the sixth framework programme.
(6) Activities under the sixth framework programme should be conducted in compliance with ethical principles, including those reflected in the Charter of Fundamental Rights of the European Union, and should strive to improve information for and dialogue with society as well as to increase the role of women in research.
(7) The Joint Research Centre takes part in indirect research and technological development actions on the same basis as legal entities established in a Member State.
(8) Activities under the sixth framework programme should comply with the financial interests of the Community and should safeguard those interests. The Commission's responsibility for the implementation of the framework programme and its specific programmes also includes the financial aspects arising from them,
HAS ADOPTED THIS REGULATION:
CHAPTER I
INTRODUCTORY PROVISIONS
Article 1
Subject
This Regulation establishes rules for the participation of enterprises, research centres and universities in research carried out under the sixth framework programme of the European Atomic Energy Community for research and training activities, also contributing to the creation of the European Research Area (2002 to 2006) (hereinafter referred to as the "sixth framework programme").
Article 2
Definitions
For the purposes of this Regulation:
1. "R& TD activity" means one of the research and technological development activities, including demonstration activities, and training activities, described in Annexes I and III to the sixth framework programme;
2. "direct action" means an R& TD activity undertaken by the Joint Research Centre (hereinafter referred to as JRC) in the execution of the tasks assigned to it under the sixth framework programme;
3. "indirect action" means an R& TD activity undertaken by one or more participants by means of an instrument of the sixth framework programme;
4. "instruments" means the mechanisms for indirect Community intervention as laid down in Annex III to the specific programme (Euratom) for research and training on nuclear energy;
5. "contract" means a grant agreement between the Community and the participants concerning the performance of an indirect action establishing rights and obligations between the Community and the participants on the one hand, and between the participants in that indirect action, on the other;
6. "consortium agreement" means an agreement that participants in an indirect action conclude amongst themselves for its implementation. Such an agreement shall not affect participants' obligations to the Community and to one another arising out of this Regulation or the contract;
7. "participant" means a legal entity contributing to an indirect action and having rights and obligations with regard to the Community under the terms of this Regulation or according to the contract;
8. "legal entity" means any natural person, or any legal person created under the national law of its place of establishment, under Community law or international law, having legal personality and being entitled to have rights and obligations of any kind in its own name;
9. "consortium" means all the participants in the same indirect action;
10. "coordinator" means the participant appointed by participants in the same indirect action and accepted by the Commission, having specific additional obligations arising out of this Regulation and the contract;
11. "international organisation" means any legal entity arising from an association of States, other than the Community, established on the basis of a treaty or similar act, having common institutions and an international legal personality distinct from that of its Member States;
12. "international European interest organisation" means an international organisation, the majority of whose members are European Community Member States or associated States, and whose principal objective is to promote European scientific and technological cooperation;
13. "associated candidate country" means an associated State acknowledged by the Community as a candidate for accession to the European Union;
14. "associated State" means a State which is party to an international agreement with the European Atomic Energy Community, under the terms or on the basis of which it makes a financial contribution to all or part of the sixth framework programme;
15. "third country" means a State that is neither a Member State nor an associated State;
16. "European Economic Interest Grouping (EEIG)" means any legal entity established in accordance with Council Regulation (EEC) No 2137/85(6);
17. "budget" means a financial plan estimating all the resources and expenditure needed to carry out an indirect action;
18. "irregularity" means any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by a legal entity which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it through unjustified expenditure;
19. "pre-existing know-how" means the information which is held by participants prior to the conclusion of the contract or acquired in parallel with it, as well as copyrights or rights pertaining to such information following applications for, or the issue of, patents, designs, plant varieties, supplementary protection certificates or similar forms of protection;
20. "knowledge" means the results, including information, whether or not they can be protected, which are yielded by direct actions and indirect actions, as well as copyrights or rights pertaining to such results following applications for, or the issue of patents, designs, plant varieties, supplementary protection certificates or similar forms of protection;
21. "dissemination" means the disclosure of knowledge by any appropriate means other than publication resulting from the formalities for protecting knowledge;
22. "use" means the direct or indirect utilisation of knowledge in research activities or for developing, creating and marketing a product or process or for creating and providing a service;
23. "work programme" means a plan drawn up by the Commission for the implementation of a specific programme;
24. "joint programme of activities" means the actions undertaken by participants which are required for implementing a network of excellence;
25. "implementation plan" means all actions by participants in an integrated project;
26. "public body" means a public sector body or a legal entity governed by private law with a public service mission providing adequate financial guarantees.
Article 3
Independence
1. Two legal entities shall be independent of one another for the purposes of this Regulation where there is no controlling relationship between them. A controlling relationship shall exist where one legal entity directly or indirectly controls the other or one legal entity is under the same direct or indirect control as the other. Control may result in particular from:
(a) direct or indirect holding of more than 50 % of the nominal value of the issued share capital in a legal entity, or of a majority of voting rights of the shareholders or associates of that entity;
(b) direct or indirect holding in fact or in law of decision-making powers in a legal entity.
2. Direct or indirect holding of more than 50 % of the nominal value of the issued share capital in a legal entity or of a majority of voting rights of the shareholders or associates of the said entity by public investment corporations, institutional investors or venture-capital companies and funds shall not in itself constitute a controlling relationship.
3. Ownership or supervision of legal entities by the same public body shall not in itself give rise to a controlling relationship between them.
CHAPTER II
PARTICIPATION IN INDIRECT ACTIONS
Article 4
Scope and general principles
1. The rules set out in this Chapter apply to the participation of legal entities in indirect actions. They apply without prejudice to specific rules for R& TD activities under the priority thematic area "Fusion energy research" of the specific programme (Euratom) for research and training on nuclear energy set out in Chapter III.
2. Any legal entity participating in an indirect action may receive a Community financial contribution, subject to the provisions of Articles 6 and 7.
3. Any legal entity established in an associated State may participate in indirect actions on the same footing and shall have the same rights and obligations as a legal entity established in a Member State, subject to the provisions of Article 5.
4. The JRC may participate in indirect actions on the same footing and shall have the same rights and obligations as a legal entity established in a Member State.
5. Any international European interest organisation may participate in indirect actions on the same footing and shall have the same rights and obligations as a legal entity established in a Member State in accordance with its headquarters agreement.
6. The work programmes may specify and restrict the participation of legal entities in an indirect action according to their activity and type, and according to the instrument deployed and to take into account specific objectives of the sixth framework programme.
Article 5
Minimum numbers of participants and their place of establishment
1. The work programmes shall specify the minimum number of participants required for each indirect action and also their place of establishment, according to the nature of the instrument and the objectives of the R& TD activity.
2. For networks of excellence and integrated projects, the minimum number of participants shall not be fewer than three independent legal entities established in three different Member States or associated States, of which at least two shall be Member States or associated candidate countries.
3. Specific support actions and actions in favour of human resources and mobility, except for research training networks, may be executed by a single legal entity.
When the work programme establishes a minimum number that is greater than or equal to two legal entities established in as many Member States or associated States, this number shall be fixed according to the conditions provided for in paragraph 4.
4. For instruments other than those covered in paragraphs 2 and 3, the minimum number of participants shall not be fewer than two independent legal entities established in two different Member States or associated States, of which at least one shall be a Member State or an associated candidate country.
5. An EEIG or any legal entity established in a Member State or associated State according to its national law which is made up of independent legal entities meeting the criteria of this Regulation may be the sole participant in an indirect action, provided that its composition is in accordance with the conditions fixed pursuant to the provisions of paragraph 1 to 4.
Article 6
Participation by legal entities from third countries
1. Subject to other restrictions that may be specified in the work programme of the specific programme, any legal entity established in a third country may participate in R& TD activities, over and above the minimum number of participants fixed in accordance with the terms of Article 5, if such participation is provided for under an R& TD activity or if it is necessary for carrying out the indirect action.
2. Any legal entity established in a third country may receive a Community financial contribution, if provision is made for this under an R& TD activity or if it is essential for carrying out the indirect action.
Article 7
Participation by international organisations
Any international organisation other than the international European interest organisations referred to in Article 4(5) may take part in R& TD activities, subject to the conditions set out in Article 6.
Article 8
Conditions relating to technical competence and resources
1. Participants shall have the knowledge and technical competence needed to carry out the indirect action.
2. At the time when they present their proposal, participants shall have at least the potential resources needed to carry out the indirect action, and shall be able to specify the relevant source of those funds made available by third parties, including public authorities.
As work progresses, participants shall have the resources as and when needed to carry out the indirect action.
The resources needed to carry out the indirect action are understood to be human resources, infrastructure, financial resources and, if necessary, intangible property and other resources made available by a third party on the basis of a prior commitment.
Article 9
Submission of proposals for indirect actions
1. Proposals for indirect actions shall be submitted under the terms of calls for proposals. These terms shall be set out in the work programmes.
Calls for proposals may involve a two-stage evaluation procedure. In this case, following a positive evaluation of an outline proposal in the first stage, the proposers concerned shall be requested to submit a complete proposal in the second stage.
2. Paragraph 1 shall not apply to:
(a) specific support actions for the activities of the legal entities identified in the work programme;
(b) specific support actions consisting of a purchase or service governed by the terms applicable to public procurement procedures;
(c) specific support actions with particular characteristics and value to the objectives and the scientific and technological content of the specific programme, for which grant applications may be submitted to the Commission if so provided for in the work programme of the specific programme and where such a request does not fall within the scope of an open call for proposals;
(d) specific support actions covered by Article 11.
3. The Commission may issue calls for expressions of interest in order to assist it in identifying precise objectives and requirements that may be included in the work programmes and in the calls for proposals. This shall be without prejudice to any subsequent decision adopted by the Commission regarding the evaluation and selection of proposals for indirect actions.
4. Calls for expressions of interest and calls for proposals shall be published in the Official Journal of the European Communities and shall also be given the widest possible publicity, in particular using the Internet pages of the sixth framework programme and through specific information channels such as the national contact points set up by the Member States and the associated States.
Article 10
Evaluation and selection of proposals for indirect actions
1. The proposals for indirect actions covered in Article 9(1) and Article 9(2)(c) shall be evaluated according to the following criteria, where applicable:
(a) scientific and technological excellence and the degree of innovation;
(b) ability to carry out the indirect action successfully and to ensure its efficient management, assessed in terms of resources and competencies and including the organisational arrangements laid down by the participants;
(c) relevance to the objectives of the specific programme;
(d) European added value, critical mass of resources mobilised and contribution to Community policies;
(e) quality of the plan for using and disseminating the knowledge, potential for promoting innovation and clear plan for the management of intellectual property.
2. In applying paragraph 1(d), the following criteria will also be taken into account:
(a) for networks of excellence, the scope and degree of the effort to achieve integration and the network's capacity to promote excellence beyond its membership, as well as the prospects of the durable integration of their research capabilities and resources after the end of the period covered by the Community's financial contribution;
(b) for integrated projects, the scale of ambition of the objectives and the capacity of the resources to make a significant contribution to reinforcing competitiveness or solving societal problems;
(c) for integrated initiatives relating to infrastructure, the prospects of the initiative's continuing long term after the end of the period covered by the Community's financial contribution.
3. In applying paragraphs 1 and 2, the following additional criteria can be taken into account:
(a) synergies with education at all levels;
(b) readiness and capacity to engage with actors beyond the research community and with the public as a whole, to help spread awareness and knowledge and to explore the wider societal implications of the proposed work;
(c) activities to increase the role of women in research.
4. Calls for proposals shall determine, in accordance with the type of instruments deployed or the objectives of the R& TD activity, how the criteria set out in paragraph 1 are to be applied by the Commission.
These criteria, and those of paragraphs 2 and 3, may be specified or complemented in the work programme, in particular to take account of the contribution of the proposals for indirect actions to improve information for and dialogue with society and to promote the competitiveness of SMEs.
5. A proposal for an indirect action which contravenes fundamental ethical principles or which does not fulfil the conditions set out in the work programme or in the call for proposals shall not be selected. Such a proposal may be excluded from the evaluation and selection procedures at any time.
Any participant who has committed an irregularity in the implementation of an indirect action may be excluded from the evaluation and selection procedure at any time, due regard being had to the principle of proportionality.
6. The Commission shall evaluate the proposals with the assistance of independent experts appointed in accordance with Article 11. For some specific support actions, particularly those covered by Article 9(2), independent experts shall be appointed only if the Commission deems it appropriate. The Commission shall publish the list of the experts selected.
All proposals submitted for indirect actions shall be treated confidentially by the Commission, which shall ensure that the principle of confidentiality is upheld in all procedures and that the independent experts are bound by this.
Unless otherwise specified in the call for proposals, proposals shall not be evaluated anonymously.
7. Proposals for indirect actions shall be selected on the basis of the evaluation results and having regard to the Community funds available. The Commission shall adopt and publish guidelines setting out detailed provisions for evaluation and selection procedures.
Article 11
Appointment of independent experts
1. The Commission shall designate independent experts to assist with the evaluation required under the sixth framework programme and the specific programme, and also for the assistance referred to in Article 10(6) and the second subparagraph of Article 18(1).
It may, in addition, set up groups of independent experts to advise on the implementation of Community research policy.
2. The Commission shall appoint the independent experts in accordance with one of the following procedures:
(a) the independent experts appointed by the Commission for the evaluations provided for in Articles 5 and 6 of the sixth framework programme and Article 7(2) of the specific programme shall be very high-ranking individuals from the fields of science, industry or politics with significant experience in research, research policy or research programme management at national or international level;
(b) the independent experts appointed by the Commission to assist in the evaluation of proposals for networks of excellence and integrated projects and in the monitoring of the projects selected and carried out shall be individuals from the fields of science, industry and/or with experience in the field of innovation and also with the highest level of knowledge and who are internationally recognised authorities in the relevant specialist area;
(c) the independent experts appointed by the Commission to form the groups referred to in the second subparagraph of paragraph 1 shall be professionals renowned for their knowledge, skills and top-level experience in the field or regarding the issues to be dealt with by the group;
(d) for cases other than those covered by points (a), (b) and (c), and in order to take the various operators in the research sector into consideration in a balanced manner, the Commission shall appoint independent experts with skills and knowledge appropriate to the tasks assigned to them. To this end, it shall rely on calls for applications from individuals or calls addressed to research institutions with a view to establishing lists of suitable candidates, or may, if it deems appropriate, select any individual with the appropriate skills from outside the lists.
3. When appointing an independent expert, the Commission will ensure that the expert is not faced with a conflict of interests in relation to the matter on which he is required to give an opinion. To this end, the Commission shall require experts to sign a declaration to the effect that there is no such conflict of interest at the time of their appointment and undertaking to inform the Commission if one should arise in the course of their duties.
Article 12
Contracts and consortium agreements
1. The Commission shall conclude a contract for each proposal selected for an indirect action. This contract shall be drawn up in accordance with the provisions of the sixth framework programme, and in accordance with this Regulation, taking into account the characteristics of the various instruments concerned.
The Commission, after conferring with interested parties from the Member States and the associated States, will prepare a model contract to facilitate the drawing up of contracts.
2. The contract shall establish the rights and obligations of participants in accordance with this Regulation, and in particular the provisions for the scientific, technological and financial monitoring of the indirect action, for the updating of its objectives, for changes in consortium membership, for the payment of the Community financial contribution and, if applicable, conditions for the eligibility of any necessary expenditure.
The contract shall establish rules for dissemination and use of knowledge and results in accordance with Title II, Chapter 2 of the Treaty.
The contract, which shall be concluded between the Commission and all participants in an indirect action, shall enter into force on signature by the Commission and the coordinator. The other participants identified in the contract shall accede to it in accordance with its terms and shall enjoy the rights and take on the obligations of participants.
Any participant joining an ongoing indirect action shall accede to the contract and enjoy the rights and take on the obligations of participants towards the Community.
3. In order to ensure the protection of the financial interests of the Community, appropriate penalties shall be included in the contracts, as defined, inter alia, in Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests(7).
4. Participants in an indirect action shall conclude a consortium agreement, unless otherwise specified in the call for proposals. The Commission shall publish non-binding guidelines on points that may be addressed by the consortium agreement, such as:
(a) the internal organisation of the consortium;
(b) intellectual property rights' arrangements;
(c) settlement of internal disputes, pertaining to the consortium agreement.
To this end the Commission shall confer with interested parties from the Member States and the associated States.
Article 13
Execution of indirect actions
1. The consortium shall implement the indirect action and shall take all necessary and reasonable measures to that end.
The Community financial contribution shall be paid to the coordinator. The coordinator shall administer the Community financial contribution regarding its allocation between participants and activities in accordance with the contract and with decisions taken by the consortium according to the internal procedures established in the consortium agreement.
Participants shall inform the Commission of any event, including modification of the consortium agreement, which might affect the implementation of the indirect action and the rights of the Community.
2. Technical implementation of the indirect action shall be the collective responsibility of the participants. Each participant shall also be liable for the use of the Community financial contribution in proportion to their share of the project up to a maximum of the total payments they have received.
Should a participant breach the contract and should the consortium not make good this breach, the Commission may, as a last resort and if all other approaches have been explored, hold the participants liable under the following conditions:
(a) independently of the appropriate action it shall take against the defaulting participant, the Commission shall require the remaining participants to implement the indirect action;
(b) should implementation be impossible or should the remaining participants refuse to comply with subparagraph (a), the Commission may terminate the contract and recover the Community financial contribution. When investigating the financial disadvantage, the Commission shall take into account the work already undertaken and results obtained, thereby establishing the debt;
(c) as regards the part of the debt established in accordance with point (b) that is owed by the defaulting participant, the Commission shall distribute it among the remaining participants, on the basis of each participant's share of the expenses accepted and up to the amount of the Community financial contribution each participant is entitled to receive.
Where a participant is an international organisation, a public body or a legal entity whose participation in the indirect action is guaranteed by a Member State or an associated State, that participant shall be solely responsible for its own debt and shall not bear the debt of any other participant.
3. Paragraph 2 shall not apply to indirect actions implemented by means of instruments such as actions to promote and develop human resources and mobility and, when duly justified, specific support actions.
4. The coordinator shall keep accounts making it possible to determine at any time what proportion of the Community funds has been allocated to each participant for the purposes of the project. It shall communicate that information to the Commission every year.
5. When several legal entities are grouped in a common legal entity acting as a sole participant in accordance with Article 5(5), that legal entity shall take on the duties set out in paragraphs 1 and 2. The liability of its members shall be defined in accordance with the law under which this common legal entity was established.
Article 14
Community financial contribution
1. In accordance with Annex III to the sixth framework programme and within the limits of the Community framework for State aid for research and development(8), the Community financial contribution may take the following forms:
(a) for networks of excellence, it shall take the form of a fixed grant for integration on the basis of the joint programme of activities. The amount of that grant shall be calculated taking into account the degree of integration, the number of researchers that all participants intend to integrate, the characteristics of the field of research concerned and the joint programme of activities. It shall be used to complement the resources deployed by the participants in order to carry out the joint programme of activities.
This grant shall be paid out on the basis of results, following the ongoing execution of the joint programme of activities, and on condition that its expenses, which are to be certified by an external auditor, or in the case of public bodies, a competent public officer, are greater than the grant itself;
(b) for some actions to promote human resources and mobility and some specific support actions, except for the indirect actions covered by Article 9(2)(b), it may take the form of a lump sum payment;
(c) for integrated projects and the other instruments, except for those covered by points (a) and (b) and indirect actions covered by Article 9(2)(b), it shall take the form of a grant to the budget, calculated as a percentage of the budget established by the participants to carry out the indirect action, adapted according to the type of activity and taking into account the cost model used by the participant concerned.
The expenses needed to implement the indirect action have to be certified by an external auditor or, in the case of public bodies, a competent public officer.
2. Eligible expenses shall be defined in accordance with the first subparagraph of Article 12(2) and must meet the following conditions:
(a) they must be actual, economic and necessary for the implementation of the indirect action;
(b) they must be determined in accordance with the usual accounting principles of the individual participant;
(c) must be recorded in the accounts of the participants; or, in the case of the resources of third parties referred to in the last subparagraph of Article 8(2), in the corresponding financial documents of those third parties;
(d) they shall be exclusive of indirect taxes, duties and interest and may not give rise to profit.
By way of derogation from the actual cost principle and with the agreement of the participants, the contract may lay down average rates of Community financial participation by type of expenditure or pre-set lump sums, as well as a value by activity which shall be approximate to the expenses envisaged.
3. Costs for management of the consortium shall be reimbursed up to 100 % of the costs incurred and shall include the cost of audit certificates. In this case, legal entities which participate in the indirect action on an additional cost basis may claim the full costs they have incurred for management, in so far as they can produce detailed evidence of them. The contracts shall lay down a maximum percentage of management costs in relation to the Community contribution. A share of no more than 7 % shall be reserved for management costs by the consortium.
Article 15
Changes in consortium membership
1. A consortium may modify its membership on its own initiative and may in particular extend it to include any legal entity contributing to the implementation of the indirect action.
The consortium must notify any change of its membership to the Commission, which may object within six weeks of the notification. New participants shall accede to the contract in accordance with the terms of Article 12(2).
2. The joint programme of activities for a network of excellence or the implementation plan for an integrated project shall specify which changes in the membership of the consortium shall require the prior publication of a competitive call.
The consortium shall publish the competitive call and advertise it widely using specific information support, particularly Internet sites on the sixth framework programme, the specialist press and brochures.
The consortium shall evaluate offers in the light of the criteria which governed the evaluation and selection of the indirect action, defined according to the terms of Article 10(4) and (5), and with the assistance of independent experts appointed by the consortium on the basis of the criteria described in Article 11(2)(b).
Subsequent modification of the consortium shall follow the procedure established in the second subparagraph of paragraph 1.
Article 16
Additional financial contribution
The Commission may increase the Community financial contribution to an indirect action already under way in order to expand its scope to cover new activities which may involve new participants.
It shall do so in the case of the indirect actions referred to in Articles 9(1) and 9(2)(c) by way of a call for supplementary proposals, which the Commission shall publish and advertise in accordance with Article 9(4) and which may be restricted, if necessary, to indirect actions already under way. The Commission shall evaluate and select such proposals in accordance with Article 10.
Article 17
Consortium activities in favour of third parties
If the contract provides for the consortium to undertake all or some of its activities in favour of third parties, the consortium shall ensure that this is properly made public, in accordance, where applicable, with the contract.
The consortium shall evaluate and select any application received from third parties in accordance with the principles of transparency, fairness and impartiality and also with the terms of the contract.
Article 18
Scientific, technological and financial monitoring and audits
1. The indirect actions to which the Community contributes shall be periodically evaluated by the Commission on the basis of progress reports which will also cover the implementation of the plan for the use or dissemination of knowledge, submitted by the participants in accordance with the terms of the contract.
In monitoring the networks of excellence, the integrated projects and, where necessary, other indirect actions, the Commission shall be assisted by independent experts appointed in accordance with the provisions of Article 11(2).
The Commission shall ensure that all the information, which it receives on pre-existing know-how and on knowledge expected or acquired during the course of an indirect action, is treated with confidentiality.
2. In accordance with the contract, the Commission shall take any useful steps to ensure that the objectives of the indirect action are achieved with proper regard for the financial interests of the Community. The Commission may, where necessary for the sake of these interests, adjust the Community financial contribution or suspend the indirect action if the terms of this Regulation or of the contract have been infringed.
3. The Commission, or any representative authorised by it, shall have the right to carry out scientific, technological and financial audits on the participants, in order to ensure that the indirect action is being or has been performed under the conditions claimed and in accordance with the terms of the contract.
The contract shall specify the conditions under which the participants may object to a technological audit of the use and dissemination of the knowledge being carried out by certain authorised representatives of the Commission.
4. Pursuant to Article 160C of the Treaty, the Court of Auditors may verify the use of the Community's financial contribution.
Article 19
Information made available to Member States and associated States
The Commission shall make available to any Member State or associated State, upon request, its useful information on knowledge arising from work carried out in an indirect action provided that such information is relevant to public policies, unless the participants provide a reasoned case against doing so.
Under no circumstances shall such availability transfer any rights or obligations of the Commission and the participants, in terms of intellectual property rights, to Member States or associated States receiving such information.
Unless such general information becomes public or is made available by the participants or has been communicated without any confidentiality restrictions, Member States and associated States shall comply with the Commission's obligations on confidentiality as established by this Regulation.
Article 20
Protection of the financial interests of the Community
The Commission shall ensure that, when indirect actions are implemented, the financial interests of the Community are protected by effective checks and by deterrent measures and, if irregularities are detected, by penalties which are effective, proportionate and dissuasive, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96(9) and Council Regulation (Euratom) No 1074/1999(10).
CHAPTER III
SPECIFIC RULES FOR PARTICIPATION IN R& TD ACTIVITIES UNDER THE PRIORITY THEMATIC AREA "FUSION ENERGY RESEARCH"
Article 21
Scope
The rules set out in this Chapter apply to R& TD activities under the priority thematic area "Fusion Energy Research". In the event of any conflict between the rules set out in this Chapter and those set out in Chapters II and III, the rules set out in this Chapter shall apply.
Article 22
Procedures
R& TD activities under the priority thematic area "Fusion Energy Research" may be implemented on the basis of procedures set out in the following frameworks:
(a) contracts of association with Member States, associated States, or legal entities established in those States;
(b) the European Fusion Development Agreement (EFDA);
(c) any other multilateral agreement concluded by the Community with associated legal entities;
(d) legal entities which may be set up after the consultative committee for the fusion programme referred to in Article 6(2) of the specific programme (Euratom) for research and training on nuclear energy has given its opinion;
(e) other contracts of limited duration with non-associated legal entities established in Member States or associated States;
(f) international agreements relating to cooperation with third countries, or any legal entity which may be established by such an agreement.
Article 23
Community financial contribution
1. The contracts of association referred to in Article 22(a) and contracts of limited duration referred to in Article 22(e) shall establish the rules relating to the Community financial contribution to the activities they cover.
The annual base rate for the Community financial contribution shall not exceed 20 % over the duration of the sixth framework programme.
2. After consultation of the consultative committee for the fusion programme referred to in Article 6(2) of the specific programme (Euratom) for research and training on nuclear energy, the Commission may finance:
(a) at a uniform rate not exceeding 40 %:
(i) the capital related expenditure of specifically defined projects to which priority status has been awarded by the consultative committee; priority status will concentrate on actions of direct relevance to the Next Step / ITER, except in the case of projects which have already been awarded priority status during earlier framework programmes;
(ii) expenditure for participation in specifically defined projects enhancing the mutual cooperation between associations, arising from contracts of association referred to in Article 22, up to an annual ceiling in Community support of EUR 100000 per association;
(b) specifically defined multilateral activities carried out under the European Fusion Development Agreement or by any legal entity established for this purpose, including procurements.
3. In the case of projects and activities receiving a financial contribution above the annual base rate referred to in the second subparagraph of paragraph 1, all the legal entities referred to in Article 22(a), (b), (c), (d) and (e) shall have the right to take part in the experiments carried out on the equipment concerned.
4. The Community financial contribution to activities carried out within the framework of an international cooperation agreement referred to in Article 22(f) shall be defined in it or by any legal entity established by it.
The Community, together with legal entities associated in the programme, may create any appropriate legal entity to manage its participation and its financial contribution to such an agreement.
Article 24
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, 5 November 2002.
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Commission Regulation (EC) No 897/2002
of 30 May 2002
altering the export refunds on white sugar and raw sugar exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular the third subparagraph of Article 27(5) thereof,
Whereas:
(1) The refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 857/2002(3).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 857/2002 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 857/2002 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 31 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 2002.
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COUNCIL REGULATION (EC) No 24/97 of 20 December 1996 repealing Regulation (EEC) No 1729/76 concerning the communication of information on the state of the Community's energy supplies
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and, in particular, Article 213 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community and, in particular, Article 187 thereof,
Whereas Regulation (EEC) No 1729/76 (1) was adopted in order to supply the Commission with the information needed to assess the energy supply situation in each Member State;
Whereas the said Regulation provided a means of gauging how far the energy policy objectives set by the Council resolutions of 17 December 1974 (2) and 13 February 1975 (3) had been met;
Whereas the information collected was based on the conventions applied by the Statistical Office at the time on the nomenclature of energy products, the general framework, the definitions and field covered by each line of the balance sheet;
Whereas the aforementioned resolutions have expired and the said conventions are no longer applied by the Statistical Office;
Whereas implementation of Regulation (EEC) No 1729/76 has been suspended for over 10 years, by informal agreement between the Commission and the Member States;
Whereas the Commission has other, more efficient means of obtaining information on the state of the Community's energy supplies,
HAS ADOPTED THIS REGULATION:
Sole Article
Regulation (EEC) No 1729/76 is hereby repealed.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1996.
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COUNCIL REGULATION (EC) No 967/2008
of 29 September 2008
amending Regulation (EC) No 834/2007 on organic production and labelling of organic products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1)
Council Regulation (EC) No 834/2007 (1) has introduced rules for compulsory indications to be used on organic products, which, from 1 January 2009, includes the use of the Community logo on pre-packaged food, in accordance with Article 24(1)(b) of that Regulation.
(2)
It has appeared that the Community logo in place pursuant to Annex V to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (2) could be confused with other logos in place for protected geographical indications and protected designations of origin, pursuant to Commission Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (3) and the logo for traditional specialities guaranteed, defined by Commission Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (4).
(3)
It is important for the perception of consumers to ensure an informative labelling with a distinctive and appealing Community logo, which symbolises organic production and clearly identifies the products. The design of such a Community logo requires a certain time period to be developed and to be made known to the public.
(4)
In order to avoid unnecessary financial and organisational burdens on operators, the compulsory use of the Community logo should be postponed for the time needed to create the new Community logo. This decision does not prevent operators from using, on a voluntary basis, the current logo defined in Annex V to Regulation (EEC) No 2092/91.
(5)
Regulation (EC) No 834/2007 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The following paragraph shall be added to Article 42 of Regulation (EC) No 834/2007:
‘However, Article 24(1)(b) and (c) shall apply as from 1 July 2010.’
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, 29 September 2008.
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*****
COUNCIL REGULATION (EEC) No 2036/82
of 19 July 1982
adopting general rules concerning special measures for peas and field beans
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas and field beans (1), and in particular Articles 3 (5) and 4 thereof,
Having regard to the proposal from the Commission,
Whereas Article 4 (1) of Regulation (EEC) No 1431/82 specifies that the average world market price for soya cake shall be determined on the basis of the most favourable purchasing possibilities on the world market;
Whereas in the absence of offers or quotations which can be used for determining the world market price, this price is to be determined on the basis of offers and quotations for soya cake obtained from soya beans processed in the Community and of offers and quotations for competing products on the world market;
Whereas the world market price must be calculated for a determined standard quality;
Whereas, when the frontier crossing-point is being fixed, account should be taken of the extent to which this point is representative for the import and processing of soya beans; whereas, therefore, the port of Rotterdam should be selected as the Community frontier crossing-point; whereas offers and quotations must be adjusted in particular if they are made for another frontier crossing-point;
Whereas Article 4 (2) of Regulation (EEC) No 1431/82 provides that the average world market price for peas and field beans is to be determined on the basis of the most favourable purchasing possibilities on the world market;
Whereas in the absence of offers which can be used for determining the world market price, this price should be determined on the basis of the prices obtaining on the markets of the principal non-member exporting countries;
Whereas in the absence of any offers or prices whatsoever, the world market price should be fixed at a level equal to the target price for peas and field beans;
Whereas the world market price must be calculated for a standard quality;
Whereas, when the frontier crossing-point is being fixed, account should be taken of the extent to which this point is representative for import of peas and field beans; whereas, therefore, the port of Rotterdam should be selected as the Community frontier crossing-point; whereas offers must be adjusted if, in particular, they are made for another frontier crossing-point;
Whereas, to facilitate the implementation of the aid system, provision should be made for the aid to be paid by the Member State in whose territory the peas and field beans have actually been used;
Whereas, to facilitate the verification of entitlement to aid in cases where products are sold by the producer, provision should be made for the aid to be paid exclusively to natural or legal persons who use the products in question and who submit a certificate issued by the competent authority after it has inspected the contract concluded by the producer, particularly in respect of the minimum price payable to the producer;
Whereas, if the products are processed for the producer to use on his own farm, provision should be made, for the sake of administrative simplicity, for the aid to be granted to certain approved bodies which must pass on the aid to the producer;
Whereas the aid is due only in respect of products which have actually been used for human or animal consumption; whereas, however, if the products are sold by the producer, provision should be made for part of the aid to be paid in advance as soon as the products are placed under supervision in the undertaking where they will actually be used; whereas, however, provision must be made for a guarantee to ensure that the products will be used;
Whereas the aid must be calculated on the basis of a standard quality, taking account of variations in weight due to the moisture and impurity contents of the products to be used;
Whereas, since the purpose of the aid for peas and field beans to be used for human or animal consumption is not the same as that of aid for peas and field beans to be used as seed, it should be expressly stipulated, in the interest of clarity, that only one type of aid may be granted in respect of such products;
Whereas, to ensure that such aid is granted only in respect of products which are eligible, Member States must be allowed to apply a system of control for peas and field beans produced in the Community or imported from outside the Community;
Whereas the changeover from the existing system to the system provided for in this Regulation must take place as smoothly as possible; whereas, therefore, transitional measures may prove necessary;
Whereas one of the purposes of this Regulation is to replace Council Regulation (EEC) No 1418/78 of 19 June 1978 adopting general rules in connection with the special measures for peas and field beans used in the feeding of animals (1), as amended by Regulation (EEC) No 1212/79 (2); whereas Regulation (EEC) No 1418/78 should therefore be repealed,
HAS ADOPTED THIS REGULATION:
I. World market price
Article 1
1. The Commission shall periodically determine the average world market price for soya cake referred to in Article 4 (1) of Regulation (EEC) No 1431/82.
2. In determining the price referred to in paragraph 1, the Commission shall take account of world market offers and of quotations on exchanges which are important for international trade, excluding those which cannot be regarded as representative of the actual market trend.
3. In cases where no offer or quotation for soya cake can be used for determining its average world market price, the Commission shall determine this price on the basis of offers and quotations for soya cake obtained from soya beans processed in the Community and of offers and quotations for competing products on the world market.
4. The Commission shall determine the average world market price for soya cake of the standard quality for which the activating price has been set, delivered in bulk at Rotterdam.
The Commission shall make the necessary adjustments for offers and quotations not complying with the conditions set out above.
Article 2
1. The world market price for peas and field beans referred to in Article 4 (2) of Regulation (EEC) No 1431/82 shall be determined before the beginning of each marketing year, for application from the first day of the marketing year, in accordance with the procedure laid down in Article 12 of Regulation (EEC) No 1117/78 (3).
No differentiation shall be made between peas and field beans, except where there is a considerable difference between prices for peas and prices for field beans.
The world market price may be amended during the intervening period according to the same procedure if the factors taken into consideration at the time of its fixing undergo a significant change.
2. In order to determine the price referred to in paragraph 1, account shall be taken of offers on the world market, excluding those which cannot be regarded as representative of the actual market trend.
3. In the case where no offer for peas and field beans can be used for determining the world market price, this price shall be determined on the basis of prices obtaining on the markets of the principal non-member exporting countries.
4. In cases where no offer or price can be used according to the provisions of paragraphs 2 and 3, the world market price shall be fixed at a level equal to the target price for peas and field beans.
5. The world market price shall be determined for peas and field beans of the standard quality for which the target price has been set, delivered in bulk at Rotterdam.
In cases where the offers or prices taken into consideration do not conform to the conditions stated above, the necessary adjustments shall be made in accordance with the procedure laid down in Article 12 of Regulation (EEC) No 1117/78.
II. Aid system
Article 3
For the purposes of this Regulation:
1. 'first buyer' shall mean any natural or legal person, established in the Community, who concludes a contract with a producer for the purchase of peas and field beans grown on the latter's farm, in accordance with the condition laid down in the second indent of Article 3 (3) of Regulation (EEC) No 1431/82;
2. 'contract' shall mean a written contract concluded between a first buyer and a producer, specifying the first buyer's obligation to take delivery of, and the producer's obligation to supply a quantity of peas and field beans of sound, genuine and merchantable quality:
- to be harvested on a specified area, or
- equal to the quantity stated in the contract;
3. 'approved body' shall mean a production and processing organization or a group of producers of the products concerned, which complies with conditions to be determined;
4. 'placing under supervision' shall mean the operation whereby the competent agency in the Member State, at the request of the user of the products, determines, on the user's premises, the quantity and quality of the products to be used for human or animal consumption.
Article 4
1. In cases where the products are sold by the producer, the first purchaser shall lodge the contract made with the producer with the agency appointed by the Member State in which the product is harvested.
He shall also lodge a declaration, countersigned by the producer, certifying the quantity actually delivered by the latter.
2. The agency appointed by the Member State, after verifying the content of the contract and the declaration, shall deliver to the first buyer a certificate confirming that the producer has obtained at least the minimum price for the quantity he has delivered.
Article 5
1. In the case referred to in Article 4, the aid shall be granted to any natural or legal person who uses the products provided that:
- he lodges an application and the certificate referred to in Article 4 (2) with the agency appointed by the Member State whose territory the product has been used,
- the quantity specified in the certificate has actually been used, after being placed under supervision, in the undertaking in which use took place.
2. For the purposes of this Article, a product shall have actually been used in the territory of a Member State if it has been:
(a) milled and incorporated into animal feed; or
(b) marketed after having been put up for animal consumption as unprocessed; or
(c) processed for the manufacture of protein concentrates; or
(d) processed for use in human foodstuffs; or
(e) marketed after having been put up for human consumption as unprocessed.
Additional conditions, in particular in the cases referred to in (b) and (e), shall be determined in accordance with the procedure laid down in Article 12 of Regulation (EEC) No 1117/78.
Article 6
1. In the case referred to in Article 4, the aid to be granted shall be the amount in force on the day the person concerned lodges the application referred to in Article 5 (1).
2. The aid to be paid shall be:
(a) for the products referred to in Article 5 (2) (a), (b) and (c), the amount fixed in Article 3 (1), of Regulation (EEC) No 1431/82;
(b) for the products referred to in Article 5 (2) (d) and (e), the amount fixed in Article 3 (2) of Regulation (EEC) No 1431/82.
Article 7
1. If a producer does not market the product but has it processed by a body approved by the Member State, in order to use it for animal consumption on his own farm, that approved body shall lodge a processing declaration with the agency appointed by the Member State in which the product was harvested.
2. The agency appointed by the Member State shall verify the accuracy of the declaration referred to in paragraph 1. Article 8
1. In the case referred to in Article 7, the aid shall be granted to the approved body which lodges the processing declaration referred to in that Article, provided that the approved body in question undertakes to pass on the aid to the producer.
2. The approval shall be granted by the Member State concerned only to bodies which comply with the conditions determined in accordance with the procedure laid down in Article 12 of Regulation (EEC) No 1117/78.
3. The approval shall be withdrawn, except in cases of force majeure, as soon as any one of the conditions of approval ceases to be fulfilled.
4. Without prejudice to any reimbursement of the aid paid, approval shall also be withdrawn if the body fails to pass on the aid to the producer.
Article 9
1. In the case referred to in Article 7, the aid to be granted shall be the amount valid on the day the approved body lodges the processing declaration.
2. The aid to be paid shall be the amount referred to in Article 3 (1) of Regulation (EEC) No 1431/82.
Article 10
Entitlement to aid shall take effect as soon as the peas and field beans placed under control have actually been used for human or animal consumption.
However, in the case referred to in Article 4, the aid may be paid in advance as soon as products are placed under supervision on the premises where they are to be used, provided that sufficient security is given.
Article 11
1. Aid shall be fixed for peas and field beans containing 14 % moisture and 3 % impurities.
2. The products shall be weighed and sampled when they reach the undertakings where they are actually used.
3. The aid shall be calculated on the basis of weight, adjusted to take account of any disparities between the recorded moisture and impurity contents and the levels specified for fixing the aid.
Article 12
The aid provided for in Articles 5 and 8 may not be granted for products which are eligible for the system of aid provided for in Regulation (EEC) No 2358/71 of 26 October 1971 on the common organization of the market in seeds (1).
III. Control system
Article 13
Where necessary, the placing in free circulation in the Community of the products referred to in Article 1 of Regulation (EEC) No 1431/82 shall be subject to a control system which shall apply until the products are processed in such a way as to render them ineligible for aid.
Article 14
1. Member States in whose territory the products are used shall set up a control system ensuring that only the products entitled to aid receive it.
2. Member States shall communicate to the Commission the provisions adopted to implement the control system, before such provisions come into force.
3. Member States shall assist one another.
IV. Final provisions
Article 15
Should transitional measures prove necessary in order to facilitate the changeover from the existing system to the system provided for in this Regulation, such measures shall be adopted in accordance with the procedure laid down in Article 12 of Regulation (EEC) No 1117/78. They shall apply solely during the period required to facilitate the changeover.
Article 16
Regulation (EEC) No 1418/78 is hereby repealed.
Article 17
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 August 1982.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 1982.
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COUNCIL REGULATION (EEC) N° 1184/90
of 7 May 1990
establishing, for the period 1 April 1990 to 31 March 1991, the Community reserve for the application of the levy referred to in Article 5c of Regulation (EEC) N° 804/68 in the milk and milk products sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) N° 3879/89 (2), and in particular Article 5c (6) thereof,
Having regard to the proposal from the Commission (3),
Whereas Article 5c (4) of Regulation (EEC) N° 804/68 provides for the establishment of a Community reserve in order to supplement, at the beginning of each 12-month period, the overall guaranteed quantities of Member States in which the levy scheme gives rise to particular difficulties; whereas the Community reserve for the seventh 12-month period should be fixed at 2 082 885,740 tonnes, including 443 000 tonnes to be allocated in the Member States where the implementation of the levy system still raises special difficulties, 600 000 tonnes to alleviate difficulties encountered by the Member States in allocating the specific reference quantities pursuant to Article 3a of Regulation (EEC) N° 857/84 (4), as last amended by Regulation (EEC) N° 3880/89 (5), and 1 039 885,740 tonnes to alleviate the difficulties encountered by the Member States in allocating the additional or specific reference quantities to certain
categories of producers as defined in Article 3b of that Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
For the period 1 April 1990 to 31 March 1991, the Community reserve provided for in Article 5c (4) of Regulation (EEC) N° 804/68 shall be 2 082 885,740 tonnes, of which:
- 443 000 tonnes shall be allocated in certain Member States where the implementation of the levy system raises special difficulties,
- 600 000 tonnes shall be to alleviate the difficulties encountered by the Member States in allocating the specific reference quantities pursuant to Article 3a of Regulation (EEC) N° 857/84,
- 1 039 885,740 tonnes shall be for producers as referred to in Article 3b of Regulation (EEC) N° 857/84.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall be applicable from 1 April 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 May 1990.
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COUNCIL DIRECTIVE of 26 March 1981 amending Directive 78/631/EEC on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides) (81/187/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,
Whereas, pursuant to Article 12 of Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides) (1), Member States shall bring into force on 1 January 1981 the laws, regulations and administrative provisions necessary to comply with that Directive;
Whereas Article 11 (1) of the said Directive provides that the list of active substances with indications of their conventional LD50 and LC50 values (Annex III) and the revised list of active substances in Annex II thereto shall be drawn up in accordance with the "committee procedure" referred to in Article 21 of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2), as last amended by Directive 79/831/EEC (3);
Whereas, when Annex II was being revised and Annex III drawn up, it was ascertained that the number of chemical substances to be considered was considerably greater than envisaged and the study of the various dangerous characteristics of these substances would take longer than had originally been assumed;
Whereas, although work progressed smoothly, it proved impossible to complete it before 1 January 1981;
Whereas, as long as there is no Annex III to Directive 78/631/EEC, the Member States are unable to adopt the measures required to bring into force the entirety of the Directive ; whereas, similarly, as long as the list of active substances contained in Annex II has not been brought up to date, it is not appropriate to require the Member States to adopt the necessary measures to comply with the Directive;
Whereas, therefore, the date on which Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with Directive 78/631/EEC must be postponed,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Article 12 (1) of Directive 78/631/EEC is hereby replaced by the following:
"1. Member States bring into force the necessary laws, regulations and administrative provisions to comply with this Directive on the date to be (1) OJ No L 206, 29.7.1978, p. 13. (2) OJ No 196, 16.8.1967, p. 1. (3) OJ No L 259, 15.10.1979, p. 10. prescribed for the entry into force of the measures to be adopted in accordance with Article 11 (1). They shall forthwith inform the Commission thereof."
Article 2
This Directive is addressed to the Member States.
Done at Brussels, 26 March 1981.
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COMMISSION DIRECTIVE 2010/1/EU
of 8 January 2010
amending Annexes II, III and IV to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular points (c) and (d) of the second paragraph of Article 14 thereof,
After consulting the Member States concerned,
Whereas:
(1)
Directive 2000/29/EC provides for certain zones to be recognised as protected zones.
(2)
By Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community (2) certain parts of the Veneto region in Italy were recognised as a protected zone with respect to the harmful organism Erwinia amylovora (Burr.) Winsl. et al. until 31 March 2010.
(3)
Following observations regarding the presence of that harmful organism in certain parts of the Veneto region made by the Commission during an inspection in Italy from 31 August to 11 September 2009, Italy informed the Commission on 23 October 2009 of the results of the latest survey carried out in the Veneto region for the presence of that harmful organism in September and October 2009. The results of this latest survey show that in the province of Venice there are 14 places, in which that harmful organism has been occurring for a period of at least the last three successive years in spite of the eradication measures taken by the Italian authorities. Consequently, those measures have proved to be ineffective.
(4)
The latest survey results were discussed during the meeting of the Standing Committee on Plant Health on 19-20 October 2009. It was concluded that Erwinia amylovora (Burr.) Winsl. et al. has to be considered as established in the province of Venice. That province should therefore no longer be included in the lists in Annexes II, III and IV to Directive 2000/29/EC as a protected zone in respect of that harmful organism.
(5)
From the Swiss legislation on plant protection, it appears that the Cantons of Fribourg and Vaud are no longer recognised as a protected zone for Erwinia amylovora (Burr.) Winsl. et al. in Switzerland as of 15 November 2009. The derogation allowing certain imports from those regions into certain protected zones under special requirements should therefore be deleted and Part B of Annex IV to Directive 2000/29/EC should be amended accordingly.
(6)
Annexes II, III and IV to Directive 2000/29/EC should therefore be amended accordingly.
(7)
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
Annexes II, III and IV to Directive 2000/29/EC are amended in accordance with the Annex to this Directive.
Article 2
Transposition
Member States shall adopt and publish, by 28 February 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 March 2010.
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 3
This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 8 January 2010.
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COMMISSION REGULATION (EC) No 1131/2008
of 14 November 2008
amending Regulation (EC) No 474/2006 establishing the Community list of air carriers which are subject to an operating ban within the Community
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 2111/2005 of the European Parliament and the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (1), and in particular Article 4 thereof,
Whereas:
(1)
Commission Regulation (EC) No 474/2006 of 22 March 2006 established the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 (2).
(2)
In accordance with Article 4(3) of Regulation (EC) No 2111/2005, some Member States communicated to the Commission information that is relevant in the context of updating the Community list. Relevant information was also communicated by third countries. On this basis, the Community list should be updated.
(3)
The Commission informed all air carriers concerned either directly or, when this was not practicable, through the authorities responsible for their regulatory oversight, indicating the essential facts and considerations which would form the basis for a decision to impose on them an operating ban within the Community or to modify the conditions of an operating ban imposed on an air carrier which is included in the Community list.
(4)
Opportunity was given by the Commission to the air carriers concerned to consult the documents provided by Member States, to submit written comments and to make an oral presentation to the Commission within 10 working days and to the Air Safety Committee established by Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (3).
(5)
The authorities with responsibility for regulatory oversight over the air carriers concerned have been consulted by the Commission as well as, in specific cases, by some Member States.
(6)
Regulation (EC) No 474/2006 should therefore be amended accordingly.
(7)
Following information resulting from SAFA ramp checks carried out on aircraft of certain Community air carriers, as well as area specific inspections and audits carried out by their national aviation authorities, the following carriers have been subject to enforcement measures by their national authorities with responsibility for oversight: the competent authorities of Germany having been satisfied by corrective measures implemented by the carrier MSR Flug Charter GmbH decided nevertheless to suspend on 31 October 2008 its operating license after this carrier filed for bankruptcy and the potentially ensuing difficulties to respect safety requirements; the competent authorities of Portugal suspended on 10 October 2008 the AOC of the carrier Luzair, pending its recertification in full compliance with the applicable Community rules; the competent authorities of Spain initiated on 28 October 2008 the procedure for suspension of the AOC of the carrier Bravo Airlines; the competent authorities of Greece suspended on 24 October 2008 for three months the AOC of the carrier Hellenic Imperial Airways. The latter requested to make presentations to the Air Safety Committee and did so on 3 November 2008.
(8)
Following the adoption of Regulation (EC) No 715/2008, the Commission has received new information confirming the existence of systemic safety deficiencies within INAVIC. On 1 October 2008 ICAO published the final report of its audit on Angola conducted from 26 November to 5 December 2007 in the framework of its Universal Safety Oversight Audit Programme (USOAP). This report contains also the comments of the audited authority, as well as the corrective actions submitted to ICAO to resolve the findings. The number of findings in the relevant areas covered by Annexes to the Chicago Convention No 1, 6, 8 and 13 are forty-six (46). These findings indicate a high level of lack of effective implementation of the Standard and Recommended Practices (SARPs) of ICAO in all eight critical elements of a safety oversight system. In particular, the critical elements with more than 80 % lack of implementation are primary aviation legislation (84 %), specific operating regulations (89 %), qualification and training of technical staff (81 %), licensing and certification obligations (81 %), surveillance obligations (80 %) and resolution of safety concerns (100 %). Furthermore, there is significant safety concern expressed by ICAO in the area of aircraft operations certification and supervision, as to whether, even after the submission of a corrective action plan and actions implemented by INAVIC, ‘air operators conducting international operations can demonstrate meeting the regulations set forth by INAVIC to meet ICAO Annex 6 provision’. At the date of publication of the report, 50 % of the corrective actions should have been implemented.
(9)
This situation confirms the report of the team of experts of the Commission and the Member States which conducted a fact-finding mission to Angola from 18 to 22 February 2008. Indeed, the USOAP audit report confirms that currently all carriers of Angola have AOCs which do not comply with Annex 6 of the Chicago Convention. The completion of the certification of these carriers is not foreseen, according to the corrective action plan submitted to ICAO, before 31 May 2009.
(10)
The Commission addressed a letter on 6 October 2008 to the competent authorities of Angola in accordance with Article 7 of Regulation (EC) No 2111/2005, whereby these authorities and each of the airlines certified in Angola were given the opportunity of consulting the relevant documentation before a decision is reached. In addition, each of these airlines was also invited at the same time to submit written comments and/or to make an oral presentation to the Commission and to the Air Safety Committee.
(11)
The Commission acknowledges the efforts made by INAVIC towards progressively implementing the corrective actions proposed to ICAO. However, until evidence of satisfactory completion of the corrective action plan, in particular as regards the recertification of the air carriers in full compliance with Annex 6 of the Chicago Convention, the Commission, on the basis of the common criteria, considers that all air carriers certified in Angola should be subject to an operating ban and therefore included in Annex A. The Commission shall consult the authorities of Angola on this matter without delay.
(12)
There is verified evidence of insufficient ability of the authorities responsible for the oversight of air carriers certified in the in the Kingdom of Cambodia to address safety deficiencies, as showed by the USOAP audit conducted by ICAO in November-December 2007, which reported a large number of non-compliances with international standards. In addition, ICAO communicated to all contracting parties the existence of significant safety concerns with regards to the capability of the civil aviation authorities of Cambodia to carry out their air safety oversight responsibilities. Consequently, as envisaged in recital 35 of Regulation (EC) No 715/2008, the Commission invited on 3 October 2008 the competent authorities of Cambodia (SSCA) and all carriers certified in Cambodia to timely provide all relevant information regarding the implementation of corrective actions addressing the safety deficiencies identified by ICAO, and in particular the recertification of airlines.
(13)
SSCA has informed the Commission that it has revoked the AOCs of the following air carriers: Sarika Air Services, Royal Air Services, Royal Khmer Airlines and Imtrec Aviation. In addition, the AOC of PMT Air has been suspended until 12 April 2009 due to non-compliance with Cambodian Civil Aviation Regulations.
(14)
However, safety concerns remain regarding Siem Reap Airways International. The AOC of this carrier has been continued without any geographical limitation whilst evidence was obtained that the operator does not comply with Cambodian Civil Aviation Regulations and does not meet ICAO requirements. Therefore, on the basis of the common criteria, it is assessed that this carrier should be subject to an operating ban and therefore included in Annex A. The Commission is ready to provide technical assistance to the competent authorities of the Kingdom of Cambodia and will review at the next Air Safety Committee the safety situation of this carrier on the basis of any documentation submitted by the competent authorities of the Kingdom of Cambodia.
(15)
There is verified evidence of serious safety deficiencies on the part of all air carriers certified in the Republic of Philippines and of the insufficient ability of the authorities responsible for the oversight of air carriers certified in the in the Philippines to address safety deficiencies,, as showed by the continuation of the downgrading of the country's safety rating to category two by the U.S. Department of Transportation’s Federal Aviation Administration (FAA) in the framework of its IASA programme, indicating that that the Republic of Philippines fails to comply with international safety standards set by ICAO.
(16)
The Competent Authorities of the Philippines have however presented to the Commission on 13 October 2008 a detailed corrective action plan to redress the safety situation of the country's civil aviation, so that, when completed, the Philippines can demonstrate sustainable compliance with ICAO standards both in the State oversight system and in the operations of air carriers licensed by these authorities. According to that plan, approximately half of the corrective actions are to be completed by 31 December 2008, the remaining ones by 31 March 2009.
(17)
In the framework of the USOAP, the competent authorities of Philippines have requested ICAO to delay its comprehensive inspection of their national Air Transportation Office, previously scheduled for November 2008, until October 2009.
(18)
The European Commission intends to carry out, with the assistance of the Member States, a safety assessment of the competent authorities of the Philippines, including the verification of the implementation of the above-mentioned corrective actions plan, early 2009, to be able to decide the appropriate course of action at a next Air Safety Committee meeting.
(19)
The competent authorities of Equatorial Guinea have provided the Commission with information that they have granted AOCs to the following air carriers: EGAMS and Star Equatorial Airlines. Since the said authorities have shown a lack of ability to carry out adequate safety oversight of the carriers certified by them, these two carriers should be equally included in Annex A.
(20)
The authorities of the Kyrgyz Republic have provided the Commission with evidence of the withdrawal of the AOCs of the following air carriers: Asia Alpha Airways, Artik Avia, Esen Air, Kyrgyzstan Airlines, and Osh Avia. Since these carriers have consequently ceased their activities, they should be withdrawn from Annex A.
(21)
The competent authorities of Sierra Leone have provided the Commission with evidence of the cancellation of the AOC of the air carrier Bellview Airlines (SL). Since this carrier has ceased its activities, it should be withdrawn from Annex A.
(22)
Following the adoption of Regulation (EC) No 715/2008, the Commission received information from the competent authorities of the Republic of Yemen as well as the carrier Yemenia that the corrective actions plan was discussed and reviews with Airbus, which had carried out audits of the company in the area of maintenance and operations. The Commission received on 17 September 2008 the results of these discussions.
(23)
The Commission has been following closely the safety performance of the carrier and considers that the results of ramp checks performed on aircraft operated by Yemenia into the Community since the adoption of Regulation (EC) No 715/2008, reveal that the company has been implementing its corrective action plan in the area of maintenance and operational discipline in a sustainable manner to avoid the recurrence of significant safety deficiencies. Following ramp checks of aircraft of Yemenia which included findings indicating serious non-compliances, the Commission heard the carrier on 15 October, where it received documentation demonstrating that the carrier reacted appropriately and in a timely manner to resolve the findings in a sustainable manner. Therefore, the Commission considers that, on the basis of this information, no further action is needed. Member States will verify systematically the effective compliance with relevant safety standards through the prioritisation of ramp inspections to be carried out on aircraft this carrier pursuant to Regulation (EC) No 351/2008.
(24)
The carrier Nouvelle Air Affaires Gabon requested to make a presentation to the Air Safety Committee and was heard on 3 November 2008. The Commission took note that this airline has undertook a reorganisation and has initiated a series of remedial actions in order to demonstrate, ultimately, compliance with international aviation safety standards. However, the carrier has not submitted documented evidence that the remedial action plan has been approved by the competent authorities of Gabon and verified as implemented.
(25)
Regarding the exercise of safety oversight of this carrier, the competent authorities of Gabon have not provided evidence that the oversight activities with regard to aircraft operations are carried out in conformity with international standards nor that the measures referred to in recital (15) of Regulation (EC) No 715/2008 have been implemented for this carrier. On 5 November 2008 the competent authorities of Gabon transmitted information regarding the exercise of oversight activities on certain carriers certified in Gabon. This information did not contain any evidence regarding oversight in the area of aircraft operations.
(26)
As a consequence, on the basis of the common criteria, the Commission considers that, at this stage, the carrier cannot be withdrawn from Annex A of the Community list.
(27)
Following the adoption of Regulation (EC) No 715/2008, the competent authorities of Ukraine transmitted to the Commission on 14 August 2008 the carrier's new AOC valid as of 4 August 2008, informing that after inspecting the carrier in June and July 2008 they decided to remove all previous restrictions and to authorize the addition of the following aircraft into the AOC of the carrier: five IL-76 with registration marks UR-UCC, UR-UCA, UR-UCT, UR-UCU, UR-UCO; one AN-12 with registration marks UR-UCN; and two AN-26 with registration marks UR-UDM and UR-UDS. Also, according to the new AOC of the carrier, the following aircraft were removed due to non-compliance with international safety standards: four IL-76 with registration marks UR-UCD, UR-UCH, UR-UCQ, UR-UCW; one AN-26 with registration marks UR-UCP; and one TU-154-B2 with registration marks UR-UCZ. The competent authorities of Austria informed on 31 October the competent authorities of Ukraine that they considered that the findings raised during SAFA ramp checks in 2007 and 2008 on the AN-12 aircraft of the carrier with registration UR-UCK as closed. The aircraft was removed from the AOC of the company.
(28)
The carrier requested to make presentations to the Air Safety Committee and was heard on 3 November 2008. At the meeting of the Air Safety Committee, the competent authorities of Ukraine re-affirmed that the previous non-compliance of a number of aircraft, which had been hitherto restricted from operating by virtue of their decision of February 2008, was due to ‘technological and economic decisions’. However, these authorities did not explain how the carrier had overcome any previous ‘technological or economic’ difficulties. Also, no information was submitted regarding the new situation of the carrier permitting to ascertain that any remedial action taken to resolve the safety deficiencies of its entire fleet was capable of providing sustainable solutions.
(29)
The Commission acknowledges the efforts made by the carrier to put in place remedial actions to resolve all identified safety deficiencies. However, in absence of evidence from the competent authorities of Ukraine regarding the verification of the implementation of the corrective measures and the effectiveness of such actions to resolve the detected safety in a sustainable manner, the Commission considers that, at this stage, on the basis of the common criteria, the carrier cannot be withdrawn from Annex A of the Community list. An on-site visit should be organised jointly by the Commission and the Member States before considering any modification of the operating ban imposed on the carrier. This has been accepted by the carrier and its authorities during the meeting of the Air Safety Committee.
(30)
The carrier informed the Commission on 15 October 2008 that it had completed a corrective action plan resolving all previously detected safety deficiencies and requested to make presentations to the Air Safety Committee. Ukrainian Mediterranean Airlines was heard on 3 November 2008. In its presentation the company the company made a more general reference to the economic impact it suffered during the time it has been included on Annex A and stated that its safety performance had improved by indicating that it has suffered a lower number of serious incidents in Ukraine since 2007 than other Ukrainian carriers. Also, it stated that its AOC had been renewed on 31 October 2008 after an audit by the competent authorities of Ukraine. The carrier presented evidence material of the approval by the Ukrainian State Aviation Administration dated 31 October 2008 of the implementation of its corrective action plan.
(31)
The competent authorities of Ukraine were invited on 24 October to transmit to the Commission the detailed verification of the implementation of corrective actions by Ukraine Mediterranean Airlines to enable the Commission and the Air Safety Committee to evaluate the appropriateness of these corrective actions. Also, they were invited to transmit information on the audits and inspections that these authorities had performed on this carrier with regard to its AOC and compliance with the relevant ICAO standards and recommended practices. The Commission did not receive any such documentation from the competent authorities of Ukraine.
(32)
Therefore, since the authorities responsible for regulatory oversight of this carrier have not demonstrated that they have implemented and enforced the relevant safety standards, the Commission considers that it has not been given the necessary and sufficient evidence to assess the appropriateness of the corrective action plan to redress in a sustainable manner all safety deficiencies which led to the imposition of the operating ban in the Community by Regulation (EC) No 1043/2007 of 11 September 2007.
(33)
As a consequence, on the basis of the common criteria, it is assessed that the carrier cannot at this stage be withdrawn from Annex A. An on-site visit should be organised jointly by the Commission and the Member States before considering any modification of the operating ban imposed on the carrier. This has been accepted by the carrier and its authorities during the meeting of the Air Safety Committee.
(34)
The Commission drew the attention of the competent authorities of Ukraine to the fact that, despite increased oversight activities of these authorities, monitoring of the performance of air carriers licensed in Ukraine kept showing disquieting results in ramp inspections. The competent authorities of Ukraine were invited to provide clarifications and to take the necessary measures, where appropriate. These authorities informed the Commission on 10 October about their oversight activities and enforcement measures on Ukrainian carriers.
(35)
As provided for in Regulation (EC) No 715/2008 the Commission has requested the competent authorities of Ukraine to submit a progress report on the implementation of the corrective action plan put in place to enhance and reinforce the exercise of aviation safety oversight in the Ukraine. The competent authorities of Ukraine submitted a progress report on the implementation of the corrective actions on 10 October 2008. This report shows an increase in oversight activities carried by the competent authorities of Ukraine affecting the number of aircraft inspections, AOC inspections and enforcement activities. However, it also shows that most of the actions which were due for September 2008 had to be postponed for the end of the year, including the adoption of the Aviation Code, and the corrective actions affecting aircraft operations. The Commission will verify the implementation of this action plan before the next meeting of the Air Safety Committee before proposing any further action.
(36)
No evidence of the full implementation of appropriate remedial actions by the other carriers included in the Community list updated on 24 July 2008 and by the authorities with responsibility for regulatory oversight of these air carriers has been communicated to the Commission so far in spite of specific requests submitted by the latter. Therefore, on the basis of the common criteria, it is assessed that these air carriers should continue to be subject to an operating ban (Annex A) or operating restrictions (Annex B), as the case may be.
(37)
The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 474/2006 is amended as follows:
1.
Annex A is replaced by Annex A to this Regulation.
2.
Annex B is replaced by Annex B 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, 14 November 2008.
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Commission Directive 2002/36/EC
of 29 April 2002
amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), as last amended by Commission Directive 2002/28/EC(2), and in particular the second paragraph, subparagraphs (c) and (d) of Article 14, thereof,
Whereas:
(1) Measures should be taken to protect the Community against Anisogramma anomala (Peck) E. Müller, Anoplophora glabripennis (Motschulsky) and Naupactus leucoloma Boheman, harmful organisms which have not hitherto been known to occur in the Community.
(2) The current provisions against Liriomyza bryoniae (Kaltenbach) should be modified by restricting them to protected zones in Ireland and the United Kingdom (North Ireland) where it has been determined that this organism is not present.
(3) The list of host plants of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) should be modified to take into account of the updated information on the relationship between these harmful organisms and their host plants.
(4) Due to continued interceptions of Bemisia tabaci Genn., Liriomyza sativae (Blanchard), Amauromyza maculosa (Malloch), Liriomyza huidobrensis (Blanchard), Liriomyza trifolii (Burgess) and Thrips palmi Karny on commodities, the current provisions on protective measures against the introduction into and spread within the Community, with a view to ensuring more effective protection, should be improved.
(5) These improved protective measures should include the use of a plant passport for plants or plant products originating in the Community and a phytosanitary certificate for plants or plant products originating in third countries.
(6) The current provisions against beet necrotic yellow vein virus should be modified in order to reflect the conclusions of a Commission Working Group having assessed the phytosanitary risk associated with this harmful organism in the relevant protected zones recognised in the Community.
(7) The current provisions against Tilletia indica Mitra should be modified to take into account of the updated information on the presence of this harmful organism in South Africa.
(8) The incorrect listing of Malta and Cyprus as non-European countries should be rectified in Annex IV, Part A, Section I, point 34, and Annex V, Part B, Section I, point 7(b), to Directive 2000/29/EC.
(9) The amendments are in accordance with the requests of the Member States concerned.
(10) Therefore the relevant annexes to Directive 2000/29/EC should be amending accordingly.
(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
Annexes I, II, IV and V to Directive 2000/29/EC are hereby amended as indicated in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 April 2003. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. The Member States shall immediately communicate to the Commission the main provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.
Article 3
This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.
Done at Brussels, 29 April 2002.
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COMMISSION REGULATION (EC) No 798/2009
of 1 September 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 794/2009 (4).
(2)
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 2 September 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 September 2009.
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COMMISSION DECISION
of 17 June 2008
amending Decision 1999/217/EC as regards the register of flavouring substances used in or on foodstuffs
(notified under document number C(2008) 2336)
(Text with EEA relevance)
(2008/478/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996 laying down a Community procedure for flavouring substances used or intended for use in or on foodstuffs (1), and in particular Article 4(3) thereof,
Whereas:
(1)
Regulation (EC) No 2232/96 lays down the procedure for the establishment of rules in respect of flavouring substances used or intended to be used in foodstuffs. That Regulation provides for the adoption of a register of flavouring substances (the register) following notification by the Member States of a list of the flavouring substances which may be used in or on foodstuffs marketed in their territory and on the basis of scrutiny by the Commission of that notification. That register was adopted by Commission Decision 1999/217/EC (2).
(2)
In addition, Regulation (EC) No 2232/96 provides for a programme for the evaluation of flavouring substances in order to check whether they comply with the general criteria for the use of flavouring substances set out in the Annex to that Regulation.
(3)
The European Food Safety Authority concluded in its opinion of 29 November 2007 on aliphatic and aromatic hydrocarbons, that 2-Methylbuta-1,3-diene (registered with FL-No 01 049) showed genotoxic potential in vivo and carcinogenic effect in experimental animals. Accordingly, its use as a flavouring substance is not acceptable, because it does not comply with the general criteria for the use of flavouring substances set out in the Annex to the Regulation (EC) No 2232/96. As a consequence, the substance should be deleted from the register.
(4)
Decision 1999/217/EC should be amended accordingly.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
In the Annex to Decision 1999/217/EC, in Part A, the row in the table for the substance bearing FL-No 01 049 (2-Methylbuta-1,3-diene) is deleted.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 June 2008.
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*****
COMMISSION REGULATION (EEC) No 2347/88
of 28 July 1988
reimposing 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 Council Regulation (EEC) No 4186/87 of 21 December 1987 establishing ceilings and Community supervision for imports of certain products originating in Yugoslavia (2) in particular Article 1,
Whereas the abovementioned Protocol 1 and Article 15 of the Cooperation Agreement provide that the products listed in the Annex are imported exempt of Customs duty into the Community, subject to the annual ceiling of 7 122 tonnes, above which the customs duties applicable to third countries may be re-established;
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 applicalbe to third countries on the products in question be reimposed,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 August to 31 December 1988, the levying of customs duties applicable to third countries shall be reimposed on imports into the Community of the products listed in the Annex, originating in Yugoslavia.
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, 28 July 1988.
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COMMISSION REGULATION (EEC) No 3076/78 of 21 December 1978 on the importation of hops from non-member countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1696/71 of 26 July 1971 on the common organization of the market in hops (1), as last amended by Regulation (EEC) No 1170/77 (2), and in particular Articles 5 (3) and 18 thereof,
Whereas Article 5 of Regulation (EEC) No 1696/71 provides that hops and hop products from non-member countries may be imported only if their quality standards are at least equivalent to the minimum limits for marketing adopted for like products harvested within the Community or their derivatives ; whereas it provides, however, that these products should be considered as being of the standards referred to above if they are accompanied by an attestation issued by the authorities of the country of origin and recognized as equivalent to the certificate required for the marketing of hops and hop products of Community origin;
Whereas the detailed rules for checking these requirements, drawing up the attestations and recognizing the equivalence thereof are laid down in Commission Regulations (EEC) No 1646/78 (3) and (EEC) No 2397/78 (4), as amended by Regulation (EEC) No 2709/78 (5);
Whereas the experience gained since the entry into force of these Regulations shows that it is necessary to supplement them and, for the sake of administrative simplicity, to bring together in one Regulation all the provisions concerning the free circulation of hops and their derivatives from non-member countries and to rule separately on the equivalence of attestations issued by non-member countries;
Whereas Council Regulation (EEC) No 1784/77 of 19 July 1977 on the certification of hops (6) lays down very strict marketing requirements for hop products, and mixtures in particular ; whereas there is at the moment no effective method of checking at frontiers that these requirements are met ; whereas the only possible substitute for such a check is an undertaking on the part of the exporting countries to comply with the Community's marketing requirements for these products ; whereas it is therefore necessary to require that such products be accompanied by an attestation as specified in Article 5 (2) of Regulation (EEC) No 1696/71;
Whereas the minimum marketing requirements for hops were set by Commission Regulation (EEC) No 890/78 of 28 April 1978 laying down detailed rules for the certification of hops (7) ; whereas it is necessary to lay down detailed rules for the checking of these requirements where hops are imported from non-member countries without an attestation recognized as equivalent;
Whereas, in order to facilitate control by the competent authorities of the Member States, it is essential to prescribe the form and, where necessary, the content of the attestation and the rules for its utilization;
Whereas, in order to take account of trade practices, the competent authorities must be empowered, if a consignment is split up, to have prepared under their supervision an extract from the attestation in respect of each new consignment resulting from the splitting up;
Whereas, by analogy with the Community's certification system, certain products should be exempt by virtue of their utilization from the checking or the presentation of the attestations provided for in this Regulation;
Whereas the Management Committee for Hops has not delivered an opinion within the time limit set by its chairman, (1)OJ No L 175, 4.8.1971, p. 1. (2)OJ No L 137, 3.6.1977, p. 7. (3)OJ No L 191, 14.7.1978, p. 25. (4)OJ No L 289, 14.10.1978, p. 1. (5)OJ No L 327, 22.11.1978, p. 8. (6)OJ No L 200, 8.8.1977, p. 1. (7)OJ No L 117, 29.4.1978, p. 43.
HAS ADOPTED THIS REGULATION:
Article 1
1. Entry into free circulation in the Community of the products from non-member countries listed in Article 1 of Regulation (EEC) No 1696/71 shall be conditional upon proof being furnished that the requirements specified in Article 5 (1) of that Regulation have been met.
2. The proof referred to in paragraph 1 shall be furnished: (a) with regard to hop cones falling within heading No 12.06 of the Common Customs Tariff, by the production of: - either the attestation provided for in Article 5 (2) of that Regulation, hereinafter called an "attestation of equivalence",
- or the control attestation referred to in Article 4 of the present Regulation;
(b) with regard to products other than hop cones and to saps and extracts of hops falling within heading No 12.06 and subheading 13.03 A VI respectively of the Common Customs Tariff, by the production of an attestation of equivalence.
3. For the purposes of this Regulation, "consignment" means a quantity of a product having the same characteristics and sent by the same consignor at the same time to the same consignee.
Article 2
1. The attestation of equivalence referred to in the first indent of Article 1 (2) (a) and in Article 1 (2) (b) shall be made out for each consignment and shall consist of an original and two copies to be drawn up on a form corresponding to the model set out in Annex I hereto and in accordance with the instructions given in Annex IV hereto.
2. An attestation of equivalence shall be valid only if it is duly completed and authenticated by one of the competent authorities in the third country of origin.
3. A duly authenticated attestation is one which shows the place and date of issue and which has been signed and bears the stamp of the issuing authority.
Article 3
1. Each unit of packaging covered by an attestation of equivalence shall bear the following particulars in one of the Community languages: - the description of the product,
- the variety or varieties,
- the country of origin,
- the marks and numbers indicated in section 9 of the attestation of equivalence or the extract.
2. The particulars shall appear in legible, indelible characters of uniform size on the outside of the package.
Article 4
1. The control attestation referred to in the second indent of Article 1 (2) (a) shall be issued in respect of each consignment by the competent authorities of the Member States after a check has been made for conformity with the minimum marketing requirements set out in the Annex to Regulation (EEC) No 890/78 in accordance with the methods laid down in Article 3 (2) and (3) of the said Regulation.
2. The Member States shall forward to the Commission the name and address of the authorities referred to in paragraph 1, together with impressions of the official stamps and, where appropriate, the embossing presses of the competent authorities.
3. Control attestations shall be drawn up in one original and two copies on a form corresponding to the model in Annex III hereto and in accordance with the instructions in Annex IV hereto.
Article 5
1. Where a consignment covered by an attestation of equivalence is split up and redispatched before its entry into free circulation, an attestation extract shall be drawn up in respect of each new consignment resulting from such splitting. The attestation shall be replaced by the necessary number of attestation extracts. Each extract shall be drawn up by the party concerned in one original and two copies on a form corresponding to the model given in Annex II hereto and in accordance with the provisions relating to the attestation of equivalence laid down in Article 2 (1).
2. The customs authorities shall endorse accordingly the original and the two copies of the attestation of equivalence, and shall countersign the original and the two copies of each extract. They shall retain the original of the attestation, send the two copies to the official body responsible for ensuring compliance with the certification system referred to in Article 1 (6) of Regulation (EEC) No 1784/77 and return the original and the two copies of each extract to the person concerned.
Article 6
On completion of customs formalities required for the entry into circulation in the Community of the product to which the attestation of equivalence, the extract or the control attestation relates, the original and the two copies shall be submitted to the customs authorities who shall countersign them, retaining the original. One copy shall be forwarded by the customs authorities to the official body responsible for supervising the certification system, as referred to in Article 1 (6) of Regulation (EEC) No 1784/77, of the Member State where the product enters into free circulation. The second copy shall be returned to the importer, who must keep it for at least three years.
Article 7
If the product is resold after it has been put into free circulation, it must be accompanied by an invoice or other commercial document drawn up by the vendor, giving the reference number of the attestation of equivalence, the extract or the control attestation, together with the name of the authority which issued them and the following information copied: 1. from the attestation of equivalence or the extract: (a) for hops: - the description of the product,
- the gross weight,
- the place of production,
- the year of harvest,
- the variety,
- the country of origin,
- the markings and identification numbers given in section 9 of the attestation;
(b) for products manufactured from hops, in addition to the particulars listed under (1) (a) : place and date of processing;
2. from the control attestation: - description of the product,
- the gross weight,
- the markings and numbers of the packages.
Article 8
By way of derogation from this Regulation, neither the production of the documents specified in Article 1 (2) nor compliance with the provisions of Article 3 shall be required for the entry into free circulation of the following hops and hop products where the weight per individual package does not exceed 500 g in the case of hop cones and hop powder and 150 g in the case of hop extracts: (a) small packages for sale to private individuals for their own use;
(b) for scientific and technical experiments;
(c) for fairs covered by the special customs arrangements for fairs.
The description, weight and final utilization of the product must appear on the packaging.
Article 9
Regulations (EEC) No 1646/78 and (EEC) No 2397/78 are hereby repealed.
However, the form as shown in Annex I to Regulation (EEC) No 2397/78 and the control attestation form as referred to in Article 2 of Regulation (EEC) No 1646/78 issued by the Member States shall remain valid until 1 January 1981.
Article 10
This Regulation shall enter into force on 1 January 1979.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1978.
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Council Regulation (EC) No 874/2003
of 6 May 2003
on the conclusion of the Agreement between the European Community and the Republic of Kiribati on fishing within the Kiribati fishing zone
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) The Community and the Republic of Kiribati have negotiated and initialled a Fisheries Agreement providing Community fishermen with fishing opportunities in the waters over which Kiribati has sovereignty or jurisdiction in respect of fisheries.
(2) It is in the Community's interest to approve the said Agreement.
(3) The method for allocating the fishing opportunities among the Member States should be defined,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement between the European Community and the Republic of Kiribati on fishing within the Kiribati fishing zone is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Regulation.
Article 2
The fishing opportunities set out in the Protocol to the Agreement shall be allocated among the Member States as follows:
TABLE
If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may consider licence applications from any other Member State.
Article 3
The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Kiribati fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas(3).
Article 4
This Regulation shall enter into force on the seventh 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, 6 May 2003.
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COMMISSION REGULATION (EC) No 482/2009
of 8 June 2009
amending Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 91 thereof,
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (2), and in particular Article 42 thereof,
Whereas:
(1)
Regulation (EC) No 1698/2005, which establishes the legal framework for the EAFRD support for rural development throughout the Community, has been amended by Council Regulation (EC) No 473/2009 of 25 May 2009 amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and Regulation (EC) No 1290/2005 on the financing of the common agricultural policy (3) to take into account the European Economic Recovery Plan which was approved by the European Council, at its meeting on 11 and 12 December 2008.
(2)
Consequently, Commission Regulation (EC) No 1974/2006 (4) should be complemented by additional detailed implementing rules.
(3)
Article 70(4b) of Regulation (EC) No 1698/2005 allows Member States to apply higher rates of co-financing by the EAFRD during 2009, subject to the overall rate of contribution from the EAFRD as provided for in Article 70(3) of that Regulation, being respected over the whole programming period. It is necessary to determine the procedure under which the Member States may use that possibility as well as the mechanism through which it will be ensured that the overall contribution rate from the EAFRD shall be respected over the whole programming period.
(4)
In order to facilitate the implementation of local development strategies and in particular the functioning of local action groups, as defined in Article 62 of Regulation (EC) No 1698/2005, the possibility to make advance payments related to their running costs should be provided.
(5)
In view of the general environmental benefit resulting from the transfer of a holding, or part of it, to an organisation having the objective of nature management, Member States should be allowed not to require the beneficiary for reimbursement in case the organisation does not take over the commitment given as a condition for the grant of assistance.
(6)
The implementation of the operations concerning investments associated with the maintenance, restoration and upgrading of the natural heritage and with the development of high natural value sites, provided in Article 57(a) of Regulation (EC) No 1698/2005, should be facilitated. Therefore, Member States should be allowed to fix the level of support for such operations on the basis of standard costs and standard assumptions of income foregone, as already provided for the operations of similar nature in accordance with Article 53 of Regulation (EC) No 1974/2006.
(7)
In order to allow Member States to benefit from Article 70(4b) of Regulation (EC) No 1698/2005 the rules for the calculation of the Community contribution in the context of the EAFRD accounts, provided for in Commission Regulation (EC) No 883/2006 (5), should be adapted.
(8)
Regulations (EC) No 1974/2006 and (EC) No 883/2006 should therefore be amended accordingly.
(9)
In order to be consistent with the date of application of Regulation (EC) No 473/2009, to which the provisions of this Regulation are complementary, this Regulation should apply as of 1 January 2009. Such retroactive application should not infringe the principle of legal certainty of the beneficiaries concerned.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee and the Committee on the Agricultural Funds,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1974/2006 is amended as follows:
1.
Article 6(1) is amended as follows:
(a)
the following point is inserted after point (b):
‘(ba)
changes to the financing plan related to the implementation of Article 70(4b) of Regulation (EC) No 1698/2005;’;
(b)
point (c) is replaced by the following:
‘(c)
other changes not covered by points (a), (b) and (ba) of this paragraph.’;
2.
the following Article is inserted after Article 8:
‘Article 8a
1. Member States intending to make changes related to the implementation of Article 70(4b) of Regulation (EC) No 1698/2005 shall notify to the Commission an amended financing plan containing the increased rates of contribution from the EAFRD to be applied in 2009.
The procedure of Article 9 of this Regulation shall apply to changes notified in accordance with the first subparagraph.
2. After receiving the last declaration of expenditure for the year 2009, to be submitted by 31 January 2010 at the latest in accordance with Article 16(2) of Commission Regulation (EC) No 883/2006 (6), the Commission shall calculate the maximum EAFRD contribution rates that may be applied for the remaining part of the programming period in order to respect the overall maximum EAFRD contribution rates as provided in paragraphs 3 and 4 of Article 70 of Regulation (EC) No 1698/2005. The details and the result of that calculation shall be communicated to the Member States by 15 February 2010.
3. Member States shall notify to the Commission, by 15 March 2010, a new financing plan containing new EAFRD contribution rates for the remainder of the programming period in conformity with the maximum rates calculated by the Commission according to paragraph 2.
If a Member State does not notify the new financing plan by this date or if the financing plan notified is not in conformity with the Commission’s calculation of the maximum rates, the latter shall become automatically applicable to that Member State’s rural development programme as from the declaration corresponding to expenditure incurred by the paying agency during the first quarter of 2010, and up to a revised financing plan compatible with the co-financing rates calculated by the Commission.
3.
Article 38 is replaced by the following:
‘Article 38
1. Running costs of local action groups as referred to in Article 63(c) of Regulation (EC) No 1698/2005 shall be eligible for Community support within a limit of 20 % of the total public expenditure of the local development strategy.
2. Local action groups may request the payment of an advance from the competent paying agencies if such possibility is included in the rural development programme. The amount of the advances shall not exceed 20 % of the public aid related to the running costs, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance. The guarantee shall be released at the closure of the local development strategy at the latest.
Article 26(5) of Commission Regulation (EC) No 1975/2006 (7) shall not apply for the payment referred to in the first subparagraph.
4.
in Article 44(2), the following point is added:
‘(c)
where the holding of a beneficiary is entirely or partly transferred to an organisation having the main objective of nature management in view of conservation of the environment, provided that the transfer aims at a permanent change of land use into nature conservation and that this is associated with a significant benefit to the environment.’;
5.
in Article 53, paragraph 1 is replaced by the following:
‘1. Where appropriate Member States may fix the level of support provided for in Articles 31, 37 to 41, and 43 to 49 of Regulation (EC) No 1698/2005 on the basis of standard costs and standard assumptions of income foregone.
Without prejudice to the applicable material and procedural State aid rules the first subparagraph also applies to investments associated with maintenance, restoration and upgrading of the natural heritage and with the development of high natural value sites as referred to in Article 57(a) of Regulation (EC) No 1698/2005.’;
6.
Annexes II and VII are amended in accordance with the Annex to this Regulation.
Article 2
In Article 17(1) of Regulation (EC) No 883/2006 the following second subparagraph is added:
‘By way of derogation from the first subparagraph, for expenditure paid by Member States between 1 April and 31 December 2009, the Community contribution shall be calculated on the basis of the financing plan in force on the last day of the reference period.’.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 June 2009.
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COMMISSION DECISION of 14 March 1995 on a procedure relating to the application of Council Regulation (EEC) No 2408/92 (Case VII/AMA/9/94 - French traffic distribution rules for the airport system of Paris) (Only the French text is authentic) (Text with EEA relevance) (95/259/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (1), and in particular Article 8 (3) thereof,
After consulting the Advisory Committee established thereunder,
Whereas:
BACKGROUND
I
By letter of 5 December 1994, the United Kingdom Secretary of State for Transport asked the Commission to examine, on the basis of Article 8 (3) of Regulaton (EEC) No 2408/92, the application of certain provisions of a French decree of 15 November 1994 on the distribution of intra-Community traffic within the airport system of Paris. That letter was transmitted to the Commission by note of the UK Permanent Representation to the European Union of 7 December 1994, and was registered on 8 December.
In his letter, the UK Secretary of State considered Articles 4, 5 and 7 of the French decree of 15 November 1994 to be incompatible with Community law, and, in particular, with Aricle 8 (1) of Regulation (EEC) No 2408/92 as interpreted by the Commission in its Decision 94/290/EEC (2) (TAT - Paris (Orly)-London). The essential provisions of the French decree - including the contentious Articles 4, 5 and 7 - read as follow:
'Article 1: This decree lays down the distribution of intra-Community air services among the airports forming part of the Paris airport system within the meaning of the abovementioned Regulation (EEC) No 2408/92, i.e. the airports of Orly, Charles-de-Gaulle and Le Bourget.
Article 3: Provided that the exercise of the relevant traffic rights has been authorized in accordance with the abovementioned Regulation (EEC) No 2408/92, intra-Community air services shall be operated from the airports of Charles-de-Gaulle or Orly under the conditions provided for in Articles 4 and 5 of this decree.
Article 4: No carrier may operate more than four outward flights and four return flights per day between the airport of Orly and any other Community airport or airport system.
Article 5: The limits in Article 4 shall not apply where the carrier uses on the Orly pad for the operation of the services mentioned in the said Article between 07.00 and 09.30 local time and between 18.00 and 20.30 local time, only aircraft whose minimum size is fixed as follows on the basis of the annual traffic of such services:
TABLE
The total annual traffic as fixed above is defined as the aggregate traffic from 1 January to 31 December for all air services between a given Community airport or, where appropriate, the airport system to which it belongs and the Paris airport system.
Following a reasonable trial period, these provisions shall be reviewed, and thereafter it will be necessary, where appropriate, to take account, for the purposes of the second and third paragraphs above, of the annual traffic defined as traffic between Orly airport on the one hand and any Community airport, or the airport system to which it belongs, on the other.
The annual traffic figures taken into account are given in an annex to this decree, which shall be revised annually.
Should a subsequent increase in traffic lead to the limits set out above being exceeded, air carriers shall comply with the provisions applicable as a consequence, within a period of six months following publication of the amended annex, unless those carriers comply with Article 4.
Should specific events cause a sudden major reduction in traffic on a route or set of routes, the Director-General for Civil Aviation may decide to reduce the capacity limits on the route or set of routes concerned without awaiting confirmation of the effect of these events on annual traffic. If so, the carriers concerned shall be notified accordingly.
Article 7: Any air carrier wishing to operate an air service from one of the airports belonging to the Paris airport system shall, when submitting its operating schedule, provide the information required by the competent authority to ensure compliance with the provisions of this decree and to verify, in particular, that the marketing conditions of the air services submitted to them affect neither directly nor indirectly the application of Articles 4, 5 and 6.` The second recital of the decree indicates that the same rules are applicable in the broader context of the Agreement on the European Economic Area (EEA).
The annex referred to in the fourth paragraph of Article 5 of the decree states that in 1993 the only route having an annual traffic of more than 3 000 000 passengers was the one between Paris and London. The routes to Nice, Marseille, Toulouse, Bordeaux, Strasbourg and Montpellier were classified in the category having an annual traffic of between 1 000 000 and 3 000 000 passengers. In the category between 250 001 and 1 000 000 passengers, several domestic and other intra-Community destinations are listed, including the airport systems of Rome and Milan. The remaining airports and airport systems located in the Member States of the EEA are classified in one of the lower categories.
The decree has been fully applicable since 1 January 1995.
II
In support of his request, the UK Secretary of State submitted the following arguments:
- Articles 4 and 5 of the French decree of 15 November 1994 are not intended to bring about a genuine distribution of traffic between the various Paris airports, but simply to limit the exercise of traffic rights into Orly airport, in contravention of Article 3 (1) of Regulation (EEC) No 2408/92.
- Article 5 of the decree discriminates against carriers operating out of airport systems, since the minimum size of the aircraft is determined not by reference to the annual traffic between the airports actually served, but by reference to the traffic between the respective airport systems to which those airports belong. This amounts to systematically requiring the use of large aircraft where a carrier wishes to operate services between an airport belonging to an airport system and Orly Airport, even if the traffic between those two airports does not in itself justify the use of aircraft of such size. It is a definite constraint from the point of view of the conditions for operating the routes concerned. Such discrimination is all the more apparent as airport systems exist in only four Member States other than France. In particular, it appears that access to the Paris (Orly)-London route may be more restricted than access to any other route because of the different volumes of traffic at the London airports. In this connection, the UK authorities state that in 1993 annual traffic between Charles-de-Gaulle Airport and Heathrow was 2 911 546 passengers, compared with 470 611 to and from Gatwick and 168 837 to and from Stansted. Thus Article 56 indirectly favours services from Heathrow rather than from Gatwick and Stansted, even though the latter have more spare capacity.
- Still in connection with Article 5 of the decree, the various categories of minimum size of aircraft do not appear to be based on rational and justifiable criteria.
- Articles 4 and 5 of the decree have negative and discriminatory effects for many Community carriers, particularly those operating only small and medium-sized aircraft. Thus, the UK authorities consider that only one British company, British Airways, is currently capable of operating more than four frequencies between London and Orly Airport, whereas four French companies are in a position to do so. Moreover, the new distributive rules restrict competition by favouring large carriers over smaller ones and potential newcomers. Certain French companies already established on domestic routes, such as Air Inter and AOM, appear to benefit greatly from the new rules, whereas small companies such as Euralair find their development prospects limited.
- Another effect of Articles 4 and 5 is to restrict a carrier's ability to meet market requirements. The provisions on minimum aircraft size compel companies to use aircraft which do not correspond to traffic levels, which calls into question the commercial viability of their operations and limits de facto to four the number of daily services offered.
- The restrictions in Articles 4 and 5 of the decree cannot be justified either by environmental considerations or by congestion problems at Orly. First, the need to use aircraft of a certain size tends to increase polluting emissions and noise. Secondly, the restrictions imposed are not proportional to the problems they are supposed to solve since the French authorities, with the very aim of protecting the environment and local residents, have already limited, by decree of 6 October 1994, the maximum number of slots for Orly to 250 000 per year.
- In any event, problems associated with the environment and airport congestion can be resolved only by following the procedure laid down by Article 9 of Regulation (EEC) No 2408/92.
- Finally, the provisions of Article 7 of the decree cannot be justified on the basis of Regulation (EEC) No 2408/92, in particular Article 8 (1) thereof, in so far as they restrict opportunities for the joint marketing of services by air carriers established in the Member States of the EEA. Referring to Commission Decision 93/347/EEC (1) in the Viva Air case, the UK authorities consider in particular that any air carrier holding an operating licence must, under the first paragraph of Article 8 of the Regulation, be considered a carrier in its own right, there being no need to take account of any links with any other carrier.
III
By letter of 22 December 1994, the Commission informed the French authorities of the United Kingdom's request and asked them to reply to a number of questions and to submit, if they so wished, their observations on any of the abovementioned arguments. On the same day, the Commission further addressed a letter to the UK authorities in order to inquire into a number of factual elements and any information on the actual application of the traffic distribution rules of 15 November 1994.
The UK authorities replied to the Commission's request for additional information by letter of 16 January 1995, which can be summarized as follows:
- First of all, the letter records the experiences of two air carriers, by way of demonstrating the practical effects of the traffic distribution rules. Air UK is not allowed under the rules to operate five frequencies on one day of the week and three frequencies on another day, thus maintaining an average of four daily frequencies throughout the week. Manx Airlines points out that the rules prevent the operation of more than four frequencies on such routes as Southampton-Paris (Orly) with the type of aircraft the carrier would choose under normal commercial conditions (BAe J41). In general, the UK authorities consider it to be one of their key criticisms of the rules that they require the carriers to use aircraft which are larger than would be justified on purely commercial grounds.
- The letter does not enlarge further on the practical effects of the rules on routes other than the one between Paris and London. However, the UK authorities consider that a general assessment of the rules does not necessarily presuppose a detailed examination of their effects on other routes, but that they essentially lack a proper justification and are arbitrary in nature. For example, the UK authorities claim that there is no reason for treating the Paris-London route, which at present is the only route with an annual traffic volume of more than 3 000 000 passengers, separately.
- In any case, the combined effect of the traffic distribution rules and the limitation of attributable slots at the airport of Orly under the decree of 6 October 1994 is alleged to be disporportionate.
- The effects of the rules for air carriers operating out of airport systems are discriminatory in nature since, first, air services have always been operated in Europe on a national basis and, second, those carriers are restricted in their ability to operate consecutive cabotage services.
- The allegation that British Airways is at present the only UK carrier capable of opperating more than four daily frequencies on the route Paris (Orly)-London has been made by taking into account only carriers with a known interest in serving that route. In general, the traffic distribution rules favour existing carriers which have already established a client basis on a given route and are thus better able to operate larger aircraft.
- Finally, the UK authorities object that the wording of Article 7 of the decree of 15 November 1994 is too general and thereby gives a very broad scope to measures preventing air carriers from operating services to and from Orly, on vague commercial grounds. The UK authorities explicitly refer in this context to the concern of British Airways that the intention and main effect of the provision will be to prevent the continued use of its designator code by its subsidiary TAT European Airlines.
By letter of 24 January 1995, the French authorities replied to the Commission's request for information dated 22 December 1994. They stated firstly:
- that the airport of Orly has effectively been open since 1 January 1995 for all Community destinations and that this has already allowed new flights to Amsterdam, Brussels, Frankfurt and Vienna,
- that the traffic distribution policy followed within the Paris airport system aims, on the one hand, to encourage the development of Charles-de-Gaulle airport which has the potential for a sizeable expansion of capacity and, on the other, to control the development of traffic at the airport of Orly which, being situated in a dense urban environment, offers no possibilities for expansion.
In addition, the French authorities made the following points:
- The decree of 15 November 1994, which is the subject of this Decision, and the decree of 6 October 1994 limiting the number of slots at the airport of Orly, have complementary objectives. The decree of 6 October 1994 was adopted for reasons of environmental protection. The decree of 15 November 1994, for its part, distributes the traffic so as to optimize the use of the airport of Orly and its available capacity within the Parisian airport system, whilst taking into account environmental problems. In opening the airport to all Community traffic, it is necessary to avoid multiplying the number of frequencies operated by low-capacity aircraft, especially at peak hours. Without the decree of 6 October 1994, the provisions of the decree of 15 November 1994 would not be sufficient to limit the number of movements at Orly. Without the decree of 15 November 1994, the provisions of the decree of 6 October 1994 would not guarantee the optimal utilization of the Parisian infrastructure, especially at Orly.
- The planned operations of Air UK and British Midland have not been approved for the inclusion of more than four daily frequencies between Orly and the London airport system with aircraft having less than 200 seats. However, these two companies operate the routes concerned with four daily frequencies.
- The minimum size of aircraft pursuant to Article 5 of the decree of 15 November 1994 was determined on the basis of the traffic between airport systems as opposed to the traffic between individual airports because of the numerous Community flights which were not already operating to or from Orly at the time the decree was published. Additionally, in order to make the limits defined in the decree coherent, it was necessary to base the minimum size on traffic to or from the airport system of Paris. Furthermore, certain European cities are served by an airport system and others by a single airport. At the same traffic volumes, criteria based on the traffic between airports would give an advantage to the operation of services to cities with an airport system by lowering the minimum size required for these routes. This hypothesis, which would discriminate between services to cities having an airport system and to those having none, appears unacceptable. Moreover, it would make a major contribution to the saturation of Orly by allowing the multiplication of flights between Orly and the most important Community airport system (namely London) and thus rule out the opening-up of new routes to other Community airports.
- The review under the third paragraph of Article 5 of the decree of 15 November 1994 can only be carried out once traffic has stabilized on the new routes - that is, at the conclusion of the second consecutive summer season. It is at that moment that the determination of the minimum size of aircraft, based only on traffic between Orly and the other Community airport in question, can be considered.
- The minimum size of aircraft at peak hours defined in the decree of 15 November 1994 was based on experience and on a study in March 1994 of air routes throughout the world. The conclusions of this study allow the average aircraft capacity to be calculated for routes of comparable volumes. In order not to impose excessively restrictive limits on carriers, it was decided, in the decree of 15 November 1994, to fix the minimum size of aircraft at peak hours below the averages calculated in the study.
- Article 7 of the decree of 15 November 1994 is of general application. It does not specifically cover code-sharing but addresses any practice seeking to circumvent the decree of 15 November 1994. This could include cooperation agreements between companies in the form of franchising, code-sharing or any other type of agreements. To date, the Direction Général de l'Aviation Civile (DGAC) of the French Ministry of Transport has used the provisions of Article 7 only once. TAT European Airlines, having operated two flights between Orly and Heathrow under its own code, informed the DGAC of its intention to operate all its flights under the code of British Airways. This decision served to raise the number of flights operated under the BA code to five on Fridays, the aircraft operated at peak hours having a capacity of less than 200 seats, so the French authorities requested TAT to provide further information on its operations on the Orly-London route. It is not their intention to challenge the practice of code-sharing between British Airways and TAT but rather to ensure that the provisions of the decree of 15 November 1994 cited above are applied in a non-discriminatory manner between companies and groups of companies.
Finally, the French authorities stress that they have correctly used Article 8 of Regulation (EEC) No 2408/92 in the present case, since Article 9 thereof refers to single airports (and not airport systems) which face serious short term congestion or environmental problems.
LEGAL ASSESSMENT
IV
As regards national rules on the distribution of traffic between the airports of an airport system, the Commission is vested with powers by Article 8 (3) of Regulation (EEC) No 2408/92, which reads as follows:
'At the request of a Member State or on its own initiative the Commission shall examine the application of paragraphs 1 and 2 and, within one month of receipt of a request and after consulting the Committee referred to in Article 11, decide whether the Member State may continue to apply the measure . . .` For the purpose of that provision, the letter of 5 December 1994 from the UK Secretary of State for Transport must be regarded as a request of a Member State. Consequently, the Commission is under an obligation to pursue that request and to decide whether France may continue to apply Articles 4, 5 and 7 of its decree of 15 November 1994. Since Regulation (EEC) No 2408/92 has been included, as from 1 July 1994 (1), within the scope of the EEA agreement by virtue of Decision No 7/94 of the EEA Joint Committee (2), the Commission's decision must cover all EEA Member States.
V
Article 3 (1) of Regulation (EEC) No 2408/92 establishes the principle of freedom to operate air services within the Community by providing that:
'subject to this Regulation, Community air carriers shall be permitted by the Member State(s) concerned to exercise traffic rights on routes within the Community.` Article 2 (f) of the same Regulation defines the term 'traffic right` as 'the right of an air carrier to carry passengers, cargo and/or mail on an air service between two Community airports`. In view of this definition, the Commission is of the opinion that Article 3 (1) generally allows an air carrier to operate at any airport located within an airport system according to its own commercial decisions (3). In order words, the freedom of market access generally includes the right to choose between the different airports of an airport system. This right is an essential element of the liberalization process since, in most cases, the airports belonging to an airport system are not equally attractive to the carriers in economic terms.
Member States may, however, restrict the abovementioned freedom on the basis of Article 8 (1) of Regulation (EEC) No 2408/92, which reads as follows:
'This Regulation shall not affect a Member State's right to regulate without discrimination on grounds of nationality or identity of the air carrier, the distribution of traffic between the airports within an airport system.` As the Commission has already indicated in Decision 94/290/EC on the case of TAT - Paris (Orly)-London, any restrictions adopted under that provision apart from the prohibition of the forms of discrimination explicitly mentioned in Article 8 (1) must further comply with the general principles governing the freedom to provide services as spelled out in the case-law of the Court of Justice (4). Thus, the Court held in the case of Parliament v. Council (5) that the obligations laid upon the Council by Article 75 (1) (a) and (b) of the Treaty comprised the implementation of the freedom to provide services in the transport field, and that the scope of that obligation was clearly defined by the Treaty itself. According to the Court, the Council had no discretionary powers on this point since the desired outcome is already laid down in Articles 59, 60, 61 and 75 (1) (a) and (b) of the Treaty. Only the detailed rules for bringing about this outcome may provide an occasion for the exercise of a degree of discretion.
In the field of air transport, the same line of argument must be followed. In obliging the Community to adopt measures with the aim of progressively establishing the internal market before 31 December 1992, Article 7a of the Treaty explicitly refers to Article 84. Article 84 (2), in turn, makes a direct reference to the procedural provisions of Article 75. The freedom to provide air transport services within the Community was achieved, within the framework of the common transport policy, with the adoption of the third package of 23 July 1992, which has been in force since 1 January 1993. Regulation (EEC) No 2408/92 is a fundamental part of that package and, as indicated in its 19th recital, constitutes a measure fully harmonizing all questions of market access by air carriers licensed in the Community. By adopting that Regulation, the Council set out, pursuant to Article 84 (2), the detailed rules for applying the principles laid down by Articles 59 and 62 of the Treaty. As a result, it is necessary to refer directly to those principles, which have been the subject of a communication from the Commission (6), whenever the provisions of Regulation (EEC) No 2408/92 are to be interpreted (7).
The principles governing the freedom to provide services go beyond the mere prohibition of any discrimination on grounds of nationality. Even if national measures restricting that freedom apply without distinction to national providers of services and to those of other Member States, they are still unacceptable if they are not warranted by mandatory requirements in the public interest, or if the same result can be obtained by less restrictive rules (the proportionality principle). This means, as the Commission has already held in the cases of Viva Air and TAT - Paris (Orly)-London, that the measures are to be transparent, objective and constant over a certain period of time.
It should be noted that, with the entry into force of Regulation (EEC) No 2408/92 in the broader framework of the EEA Agreement, the abovementioned principles governing the freedom to provide air services within the Community are also applicable to situations falling within the scope of the EEA Agreement. Article 6 thereof explicitly provides that, without prejudice to future developments in case-law, the provisions of the Agreement shall, wherever they are identical in substance to the corresponding rules of the EC Treaty, be interpreted in conformity with the relevant rulings of the Court of Justice given prior to the date of signature of the Agreement. In the present context, reference must be made to Article 36 of the EEA Agreement, which mirrors Article 59 of the EC Treaty.
Articles 4, 5 and 7 of the French decree of 15 November 1994 thereof must be examined in the light of all the principles outlined above.
VI
The general scheme of the traffic distribution rules for the airport system of Paris, as contained in Articles 3, 4 and 5 of the decree of 15 November 1994, can be summarized as follows: Intra-EEA air services, whether domestic or international, may be operated at Charles-de-Gaulle and Orly airports (but, subject to certain very limited exceptions provided for in other provisions of the decree, not at Le Bourget airport). Access to Charles-de-Gaulle airport is not subject to any restrictions. On the other hand, each air carrier may only operate four daily frequencies between Orly and any other airport located in a Member State of the EEA, and it may do so in accordance with its own commercial preferences, including the choice of the aircraft. However, the frequency limitation does not apply if the carrier operates its peak hour services with aircraft of a certain minimum size. In that case, it may operate an unlimited number of daily frequencies (during or outside peak hours) on a route to and from Orly.
The UK authorities have put forward various arguments challenging those distribution rules.
The scope of Article 8 (1) of Regulation (EEC) No 2408/92
First of all, the UK authorities broadly deny that measures of such a nature can be adopted pursuant to Article 8 (1) of Regulation (EEC) No 2408/92, on the ground that it does not provide for a 'genuine` distribution of traffic between the airports of Paris, but simply limits access to the airport of Orly.
This first argument cannot be accepted. By allowing Member States to distribute traffic between the airports of an airport system, Article 8 (1) of Regulation (EEC) No 2408/92 recognizes in principle the legitimacy of an active airport planning policy which complies with the general principles of Community law and, in particular, the third aviation package. Such a planning policy may have regard to a large range of factors considered by the competent authorities to have priority. The concrete measures which must be taken for the implementation of airport planning policy may also differ from one airport system to another. All those implementing measures will, if they are to be effective, restrict to some extent access to the individual airports of the system.
It would be inconsistent with those considerations if the scope of Article 8 (1) were determined in such a way as to exclude a priori the possibility of pursuing a specific airport policy for a given airport system. For example, a Member State may legitimately wish to promote the development of one airport of an airport system at the expense of the other airports located therein. In such a case, the imposition of restrictions on access to those other airports alone may constitute a reasonable means of pursuing that objective. The Commission therefore takes the view that the scope of Article 8 (1) cannot be restricted to schemes which allocate different types of air services to the airports of an airport system on a mutually exclusive basis.
Consequently, the Commission considers that the measures contained in the French decree of 15 November 1994 constitute measures for the distribution of traffic between airports of an airport system within the meaning of Article 8 (1) of Regulation (EEC) No 2408/92.
The principles of non-discrimination and proportionality
Secondly, the UK authorities contend that the provisions of Articles 4 and 5 of the decree of 15 November 1994 indirectly discriminate against carriers operating out of airport systems, in particular against UK carriers based at one of the airports of the airport system of London, as well as against smaller carriers and potential new entrants which do not readily have at their disposal aircraft of the size required for the operation of additional services under Article 5 of the decree.
The Commission considers the provisions enshrined in Article 4 of the decree to be neither directly nor indirectly discriminatory as regards the nationality or identity of an air carrier since they apply in the same way to all airlines.
As far as Article 5 of the decree is concerned, it should be recalled that the minimum size of the aircraft to be used if the carrier wishes to operate more than four frequencies is modulated in relation to the annual traffic volume of the route in question. Such a modulation does not constitute an overt discrimination on grounds of the nationality or identity of the air carrier.
However, the principle of non-discrimination is also opposed to any measures which, without explicitly distinguishing by reference to carrier nationality or identity, nonetheless produce, even indirectly, discriminatory effects in practice (1). It is thus necessary to determine whether there is any evidence to show that the application of Article 5 of the decree will result in such discriminatory effects. In this respect, the UK authorities have provided further information in support of their complaint in order to demonstrate the existence of discrimination in favour of French carriers, and in particular the Air France Group, and against UK carriers apart from British Airways. The Commission is not, however, convinced of the relevance of this information, for the following reasons:
- contrary to the assertion of the UK authorities, other UK companies than British Airways possess aircraft capable of meeting the 200-seat criterion laid down in the decree, namely Virgin Atlantic, Monarch and Britannia,
- the UK authorities only considered the fleets of French and UK companies, thereby excluding fleets belonging to companies of other Member States of the EEA. Several companies from these countries could operate on the Orly-London route.
In addition, taking into account the composition of the respective fleets and the opportunities offered to all Community carriers to operate flights to and from Orly, and in the light of the information presented during the examination of this case, the Commission takes the view that the application of Article 5 of the decree of 25 November 1994 cannot result in any sort of discrimination in favour of French carriers. The Commission acknowledges, however, that given the rules set out in the decree air services operated out of an airport belonging to an airport system are created less favourably than services operated out of any other airport. This difference in treatment results from the fact that the size of the aircraft to be used during peak hours should the carrier wish to fly more than four frequencies is determined by reference to the annual traffic between Paris and the entire airport system. However, the term 'airport system` is explicitly defined in Regulation (EEC) No 2408/92. Moreover, such systems exist in seven different EEA Member States (including Norway) and are generally accessible to all air carriers of the EEA Member States.
With regard to discrimination on grounds of the identity of the carrier, none of the information in the possession of the Commission suggests that Article 5 of the decree in question might lead to such discrimination, as specifically defined in its Decision 94/291/EC (TAT - Paris (Orly-Marseilles and Paris (Orly-Toulouse) (2).
Therefore, the Commission takes the view that Article 5 does not violate the prohibition of any discrimination on grounds of nationality or identity of an air carrier.
Next, consideration needs to be given to whether the provisions of Articles 4 and 5 of the decree also comply with the principles governing the freedom to provide services, as explained in section V. In this respect, any restriction of the freedom to provide services must be justified on grounds of overriding considerations of public interest, proportionate to the objectives sought.
In this context, it should first be recalled that those provisions restrict access to Orly in so far as the operation of more than four frequencies per route and per carrier is made subject to the use, during peak hours, of aircraft of a certain minimum size. Thus the provisions do not impose any absolute restriction on either the maximum number of frequencies or the aircraft size to be used. Nonetheless, the provisions are capable of affecting the ability of air carriers to operate an unlimited number of services to and from Orly in accordance with their own commercial preferences, and hence obstruct the freedom of access to the market established by Regulation (EEC) No 2408/92. In view of the size of the airport and its role as the gateway to Paris and the hub of the domestic network (3), that market access barrier must also be considered to be appreciable.
In response to the Commission's request for information of 22 December 1994, the French authorities have explained the decree and have justified the restrictions in Articles 4 and 5 thereof by citing their general airport policy for the Paris region, which inter alia takes account of environmental protection and congestion problems at Orly. In particular, they have contended that the restrictions are aimed at optimizing the use of the limited capacity available at Orly and directing excess traffic to the airport of Charles-de-Gaulle which is said to have a large potential for expansion and to be equipped with significant additional capacity. According to the French authorities, the restrictions are further supposed to improve the management of the additional traffic created by the opening of that airport to all intra-Community services.
The Commission has already indicated in its decision in the case of TAT - Paris (Orly)-London (1) that an active airport policy of the nature described above may constitute a mandatory requirement in the public interest which, in turn, may justify the imposition of traffic distribution rules pursuant to Article 8 (1) of Regulation (EEC) No 2408/92. The very existence of these provisions reveals the clear intentions of the Council in this matter. The information provided by the French and UK authorities in the context of the present proceeding confirms that the practical restrictions resulting from an application of Articles 4 and 5 of the decree are capable of contributing to the achievement of the objectives of that airport policy. By discouraging the air carriers from operating more than four frequencies each on a given route to and from Orly, the restriction prevents a concentration of services at that airport and provides an incentive for using slots for services to different destinations. Moreover, the measure is based on objective criteria (frequencies, size of aircraft).
Since, however, Articles 4 and 5 of the decree concern only the services to and from the airport of Orly, the annual traffic volume on any given route may only validly be used for determining the minimum aircraft size pursuant to Article 5 if such volume is defined as the total number of passengers travelling between that airport and any other airport located within the EEA. In particular, traffic volume cannot be defined in these circumstances by reference to the airport system of Paris, nor by reference to the airport system of which the other airport may be a part, without incurring the risk that, in practice, the application of Article 5 will result, in some cases, in disproportionate barriers to entry.
This can best be explained by comparing the situations of two different airports which are each served out of both Orly and Charles-de-Gaulle. Whilst the overall traffic volume between each of the former two airports and the airport system of Paris may be identical, the relative importance of the traffic into Orly on the one hand, and into Charles-de-Gaulle on the other may vary significantly. Although the traffic volume of one of the routes to and from Orly may represent only a fraction of the volume of the other route to and from that airport, both routes would fall within the same category of minimum aircraft size established under Article 5 of the decree. Thus, the carrier wishing to operate a new or low-capacity route between Orly and another EEA airport could risk being required to use large capacity aircraft that are inappropriate to the actual traffic on the route, solely for the reason that there is significant traffic between that latter airport and Charles-de-Gaulle.
The information provided by the UK authorities with respect to the route Paris (Orly)-London confirms that the risk is further increased by the fact that, where the airport at the other end of the route is part of an airport system, the traffic volume is defined by reference to that airport system. The application of Article 5 of the decree to that route would in fact result in a disproportionate restriction of additional services out of Gatwick and Stansted and, ultimately, in a redistribution of traffic within the airport system of London. Such traffic distribution cannot, however, be a legitimate objective of the French authorities' airport policy for Paris.
For those reasons, Article 5 (2) as it now stands cannot be regarded as proportionate to the objectives sought. That provision therefore needs to be amended so that the minimum aircraft size will henceforth be determined by reference to the annual traffic between Orly and any other individual airport located within the EEA. For the rest, Article 5 (3) of the decree provides for the revision of the existing rules in line with the actual traffic volumes. In response to the Commission's request for information of 22 December 1994, the French authorities have justified such a revision at a later stage on the ground that, at present, no traffic data is available for a large number of routes to and from Orly since these are being operated under the decree of 15 November 1994 for the first time. The Commission can accept that justification for the purpose of the present proceeding, and it therefore does not object to the French authorities' continuing to use the entire airport system of Paris as a point of reference for a limited period, until the necessary data for a revision of that reference is available. That limited period may not, however, exceed one calendar year, which the Commission regards as ample for the purposes of data collection.
Subject to this amendment as to the definition of the routes to be taken into account for the determination of traffic volume pursuant to Article 5 of the decree, the Commission is of the opinion that the restrictions imposed by Articles 4 and 5 of this decree are not disproportionate to the objectives sought by the French authorities as described above. In the present case, the restrictions are construed in such a way that, at least in principle, they do not actually prevent any air carrier from building up a commercially viable operation at the airport of Orly.
By allowing an air carrier to operate four frequencies per route without any further restrictions, Article 4 of the decree generally ensures that even new carriers can commence new services to and from Orly in competition with incumbent carriers. The ability to operate four return frequencies is already sufficient to provide a viable service on most intra-Community routes to or from Orly. Of the 13 international Community routes to or from Paris (mainly Charles-de-Gaulle airport) having between 250 000 and 1 000 000 passengers, seven are operated with a maximum of four daily frequencies by the companies present on these markets. The other six, except in the special case of the Paris-Brussels route, are operated with five or six daily frequencies. Furthermore, all of the companies use on those 13 routes aircraft with a capacity of more than 100 seats, thus satisfying the condition in Article 5 of the decree as to additional frequencies, although the type of aircraft is not dictated by these provisions but remains the free commercial choice of the operators. It should be noted that the route to London (Heathrow) is the only international route starting from Orly airport which is likely to exceed the threshold of 1 000 000 passengers a year, thereby triggering the obligation to use aircraft with a capacity of more than 140 seats during peak times. In addition, the only domestic French routes on which the number of daily frequencies is more than five are the six routes on which traffic reaches or exceeds 1 000 000 passengers a year. Accordingly, the Commission takes the view that routes where additional frequencies appear necessary are very limited in number, and have substantial traffic volumes in excess of 500 000 passengers a year for which it does not appear unjustified to require the use of aircraft of a certain minimum size at peak hours.
It is necessary to bear in mind that, in the light of the amendment which is to be made to the definition of the route to be taken into account for the determination of traffic volumes, the practical effects of the provisions of Article 5 regarding the minimum size of aircraft at peak hours are slight or even negligible. No Community route to or from Orly at the present time exceeds the ceiling of 3 000 000 passengers per year. Only seven (London (Heathrow), Nice, Marseille, Toulouse, Bordeaux, Montpellier, Strasbourg) exceed or are likely to exceed the threshold of 1 000 000 passengers per year. Taking into account the tolerance of 5 %, the minimum size of aircraft required by Article 5 is fixed at 133 seats on these seven routes. Nearly all carriers operating or seeking to operate these seven routes have aircraft with a capacity of at least 133 seats available. As far as the routes where the traffic volume exceeds the limit of 250 000 passengers per year are concerned, they are already of sufficient size to require the use of jets and the majority of small capacity jets available in the market have more than 95 seats (A 319, Fokker 100).
As regards the possible impact of the French decree on smaller carriers, it should be recalled that the size of a carrier is not necessarily linked to the size of the aircraft it operates. Thus, in practice some smaller carriers do own large aircraft and certain large carriers only own aircraft of medium size. Moreover, Community companies - even the smaller ones - are able in the short term through the leasing explicitly authorized by Regulation (EEC) No 2407/92 (1), to obtain aircraft meeting the minimum size criteria of Article 5. On the other hand, large Community carriers, even though they possess a full range of aircraft, face operational constraints in the management of their fleets which do not always allow them to use immediately aircraft meeting those same criteria when operating on a given route. It is therefore not demonstrated that the measures in question impose greater restrictions on small carriers than on larger ones, nor, in any case, that the difference in the restrictions according to the size of the carrier is disproportionate to the objectives sought.
Finally, the fact that the minimum aircraft size is determined pursuant to Article 5 by reference to five different categories of routes and the flexibility provided for in the last two paragraphs of the Article seem to guarantee a reasonable overall balance between aircraft size and traffic volume, and thus prevent any disproportionate effects in the practical application of that provision.
The application of Article 9 of Regulation (EEC) No 2408/92
Thirdly, the UK authorities maintain that the restrictions in Articles 4 and 5 of the decree of 15 November 1994 cannot be justified on grounds of environmental or capacity problems at Orly airport and that, in any case, such problems can only be addressed by following the procedure pursuant to Article 9 of Regulation (EEC) No 2408/92.
As discussed in detail above, Article 5 of the decree does not comply with the principle of proportionality in so far as the determination of the size of the aircraft to be used during peak hours on routes to and from other airport systems is concerned. By contrast, all the other elements of Articles 4 and 5 are proportionate means of pursuing the active airport policy put forward by the French authorities for the airport system of Paris. This policy alone is a legitimate objective justifying the distribution of traffic following from the decree, and based on the provisions of Article 8 (1) of Regulation (EEC) No 2408/92. Therefore the Commission takes the view that the decree could be adopted on the legal basis of those provisions alone.
That being so, it is necessary to examine whether those elements could also be justified by reference to any other objectives, such as environmental protection or capacity considerations. In particular, there is no need to extend this examination to the French decree of 6 October 1994 determining the maximum number of attributable slots at the airport of Orly. As it has already stated in the abovementioned case of Viva Air, the Commission considers that there is no legal link between the allocation of slots pursuant to Regulation (EEC) No 95/93 (1) and the granting of traffic rights under Regulation (EEC) No 2408/92 (2). The abovementioned considerations, however, are without prejudice to the assessment of the legality of the latter decree.
It should further be recalled that Articles 4 and 5 of the decree of 15 November 1994 restrict access only to Orly. All air services falling within the scope of the third package may continue to be operated without any restrictions at Charles-de-Gaulle airport. In other words, the decree does not limit, in law or in practice, access to the entire airport system of Paris. Therefore, even if the decree were intended to address exclusively congestion or environmental problems, it could legally have been adopted only on the basis of Article 8 (1) of Regulation (EEC) No 2408/92 and the French authorities were not obliged to follow the procedure set out in Article 9 of that Regulation.
Conclusion
In conclusion, the Commission considers Articles 4 and 5 of the decree of 15 November 1994 to be compatible with the requirements of Community law on condition that, for the purpose of applying Article 5 of the decree, the minimum aircraft size shall henceforth be determined by reference to the annual traffic between Orly and every other individual airport within the EEA.
VII
Finally, the Commission is required by the request of the United Kingdom to examine Article 7 of the decree of 15 November 1994 which essentially obliges the air carriers wishing to operate at one of the airports of the Paris airport system to provide certain information to the French authorities.
Article 7 stipulates that the information to be submitted by the carriers shall allow the competent national authorities to verify whether the rules of the decree are complied with and, in particular, whether the marketing conditions of the air services do not in any way affect the application of Articles 4, 5 and 6. In other words, the authorities must obtain the necessary information in order effectively to enforce their traffic distribution rules and, if necessary, to prevent any forms of circumvention or abuse. This interpretation of the provision is fully confirmed by the observations submitted by the French authorities in response to the Commission's request for information of 22 December 1994.
The aim of preventing circumventions and abuses of national rules which have been validly adopted on the basis of one of the safeguard clauses of Regulation (EEC) No 2408/92 can generally be regarded as a legitimate objective under Community law. Article 7 is therefore compatible with the requirements of Community law to the extent that the subtantive traffic distribution rules of the decree of 15 November 1994 comply with Article 8 (1) of Regulation (EEC) No 2408/92.
In view of the abovementioned concern of the United Kingdom, the Commission would like to emphasize, however, that it does not considerer the joint marketing of air services as such to constitute a circumvention or abuse of the substantive rules and, in particular, of the frequency limitation in Article 4. In this respect, due regard should be given to the fact that the presentation and marketing of air services in whatever form is an integral part of the principle of free market access established by Regulation (EEC) No 2408/92. Consequently, evidence would be necessary in each case to justify the conclusion that a given cooperation between air carriers is set up with the objective of circumventing the measures in force and thus can result in the refusal of traffic rights. The Commission expects the French authorities to take those considerations into account is any application of that provision.
VIII
Having regard to all the foregoing considerations, the Commission concludes that, with the one exception dicussed in section VI of this Decision, Articles 4, 5 and 7 of the French decree of 15 November 1994 are compatible with the requirements of Community law. Consequently, the French authority may continue to apply those rules, on condition that, for the purpose of applying Article 5, the minimum aircraft size shall henceforth be determined by reference to the annual traffic between Orly and every other individual airport within the EEA.
The Commission further considers it neccesary to determine a deadline for the revision of Article 5 which, in turn, is dependent upon the availability of the necessary traffic data. While the existing data would allow some immediate amendments, it follows from the discussion in section VI that the revision can only be fully implemented once the data for all the individual routes to and from Orly is available. It would, however, be neither appropriate nor necessary to require the French authorities to amend the existing rules in several stages according to the availability of traffic data. Such a phased revision would deprive the rules of all consistency and thus negatively affect the ability of the carriers to plan their operations with a reasonable degree of certainty. For those reasons, the Commission takes the view that it suffices to require the necessary amendments to the rules to be implemented four weeks before the beginning of the summer scheduling season 1996 at the latest,
HAS ADOPTED THIS DECISION:
Article 1
France may continue to apply Articles 4, 5 and 7 of its decree of 15 November 1994 on the distribution of intra-Community traffic within the airport system of Paris, on condition that, for the purpose of applying Article 5, the minimum aircraft size shall henceforth be determined by reference to the annual traffic between Orly and every other individual airport located within the EEA.
France shall make the necessary amendments to Article 5 of the decree of 15 November 1994 no later than four weeks before the beginning of the summer scheduling season 1996.
Article 2
This Decision is addressed to the French Republic. It shall be communicated to the Council of the European Union, the Member States of the European Economic Area and the EFTA Surveillance Authority.
Done at Brussels, 14 March 1995.
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Commission Regulation (EC) No 491/2003
of 18 March 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 2003.
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COMMISSION REGULATION (EEC) No 1963/80 of 24 July 1980 laying down detailed rules for the application of Regulations (EEC) No 1271/78, (EEC) No 2935/79, (EEC) No 2936/79 and (EEC) No 2937/79 on expanding the markets in milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1079/77 of 17 May 1977 on a co-responsibility levy and on measures for expanding the markets in milk and milk products (1), as last amended by Regulation (EEC) No 1364/80 (2), and in particular Article 4 thereof,
Whereas measures within the meaning of Article 4 of Regulation (EEC) No 1079/77 have been taken inter alia by the following Regulations: - Commission Regulation (EEC) No 1271/78 of 13 June 1978 concerning measures to improve the quality of milk within the Community (3), as last amended by Regulation (EEC) No 2341/78 (4),
- Commission Regulation (EEC) No 2935/79 of 20 December 1979 continuing the measures referred to in Regulation (EEC) No 723/78 on market research measures within the Community in respect of milk and milk products (5),
- Commission Regulation (EEC) No 2936/79 of 20 December 1979 continuing the measures referred to in Regulation (EEC) No 1271/78 on the improvement of the quality of milk within the Community (6),
- Commission Regulation (EEC) No 2937/79 of 20 December 1979 continuing the measures referred to in Regulation (EEC) No 1993/78 on the development of the use and consumption of milk products of Community origin outside the Community (7);
Whereas Article 1 of each of the above Regulations lays down a deadline for implementing the measures concerned ; whereas, in view of some difficulties of interpretation, it should be specified that a longer period may be granted upon submission of a reasoned request by a contractor who, in the course of applying a measure, is faced with unforeseeable difficulties which prevent him from complying with the deadline laid down in the Regulation concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The deadlines laid down in the last paragraph of Article 1 of Regulations (EEC) No 1271/78, (EEC) No 2935/79, (EEC) No 2936/79 and (EEC) No 2937/79 shall not preclude the possibility of longer periods being granted when a contractor makes a request to that effect and shows that, due to unforeseeable circumstances, he is unable to comply with the original deadline.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 April 1980.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1980.
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Commission Decision
of 24 April 2002
repealing Decision 1999/462/EC recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of alanycarbe in Annex I to Council Directive 91/414/EEC concerning the placing of plant-protection products on the market
(notified under document number C(2002) 1522)
(Text with EEA relevance)
(2002/311/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant-protection products on the market(1), as last amended by Commission Directive 2002/18/EC(2), and in particular Article 6(3) thereof,
Whereas:
(1) In accordance with Article 6(2) of Directive 91/414/EEC France received on 24 July 1995 an application from Otsuka Chemicals Co., United Kingdom, for the inclusion of the active substance alanycarbe in Annex I to Directive 91/414/EEC.
(2) By Commission Decision 1999/462/EC(3) it was confirmed that, on preliminary examination, the dossier was "complete", that is it could be considered as satisfying, in principle, the data and information requirements of Annex II and Annex III to Directive 91/414/EEC.
(3) Member States where thereby given the possibility to grant provisional authorisations, for plant protection products containing alanycarbe, in accordance with Article 8(1) of Directive 91/414/EEC. No Member State has used this possibility.
(4) France has indicated to the Commission that a detailed examination of the dossier revealed that several significant items of data required under Annexes II and III of Directive 91/414/EEC were not present. These were mainly in relation to environmental fate and ecotoxicology. Therefore the dossier in respect of alanycarbe cannot be regarded as complete.
(5) Decision 1999/462/EC should be repealed.
(6) The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 1999/462/EC is repealed.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 24 April 2002.
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DIRECTIVE 2005/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 July 2005
amending Directive 1999/32/EC
as regards the sulphur content of marine fuels
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Economic and Social Committee (2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1)
The Community's environmental policy, as set out in the action programmes on the environment and, in particular, in the Sixth Community Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council (4), on the basis of Article 174 of the Treaty, aims to achieve levels of air quality that do not give rise to unacceptable impacts on, and risks to, human health and the environment.
(2)
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (5) lays down the maximum permitted sulphur content of heavy fuel oil, gas oil and marine gas oil used in the Community.
(3)
Directive 1999/32/EC requires the Commission to consider what measures could be taken to reduce the contribution to acidification of the combustion of marine fuels other than marine gas oils and, if appropriate, make a proposal.
(4)
Emissions from shipping due to the combustion of marine fuels with high sulphur content contribute to air pollution in the form of sulphur dioxide and particulate matter, harming human health, damaging the environment, public and private property and cultural heritage and contributing to acidification.
(5)
Human beings and the natural environment in coastal areas and in the vicinity of ports are particularly affected by pollution from ships with high sulphur fuels. Specific measures are therefore required in this regard.
(6)
The measures in this Directive complement Member States' national measures to comply with emission ceilings for atmospheric pollutants set out in Directive 2001/81/EC of the European Parliament and of the Council (6).
(7)
Reducing the sulphur content of fuels has certain advantages for ships, in terms of operating efficiency and maintenance costs, and facilitates the effective use of certain emission abatement technologies such as selective catalytic reduction.
(8)
The Treaty requires consideration to be given to the special characteristics of the outermost regions of the Community, namely the French overseas departments, the Azores, Madeira and the Canary Islands.
(9)
In 1997, a diplomatic conference adopted a Protocol to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter MARPOL). This Protocol adds a new Annex VI to MARPOL, containing regulations for the prevention of air pollution from ships. The 1997 Protocol, and consequently Annex VI to MARPOL, entered into force on 19 May 2005.
(10)
Annex VI to MARPOL makes provision for certain areas to be designated as Sulphur Oxide Emission Control Areas (hereinafter SOx Emission Control Areas). It already designates the Baltic Sea as such an area. Discussions within the International Maritime Organisation (IMO) have resulted in agreement on the principle of the designation of the North Sea, including the English Channel, as a SOx Emission Control Area following the entry into force of Annex VI.
(11)
Given the global nature of maritime shipping, every effort should be made to find international solutions. Both the Commission and the Member States should endeavour to secure within the IMO a worldwide reduction in the maximum authorised sulphur content of marine fuels, including by examining the merits of designating new sea areas as SOx Emission Control Areas in accordance with Annex VI to MARPOL.
(12)
Enforcement of the obligations with regard to the sulphur content of marine fuels is necessary to achieve the aims of this Directive. Effective sampling and dissuasive penalties throughout the Community are necessary to ensure credible implementation of this Directive. Member States should take enforcement action with respect to vessels flying their flag and to vessels of all flags while in their ports. It is also appropriate for Member States to cooperate closely to take additional enforcement action with respect to other vessels in accordance with international maritime law.
(13)
To allow sufficient time for the maritime industry to bring about technical adaptation to a maximum limit of 0,1 % sulphur by weight for marine fuels used by inland waterway vessels and ships at berth in Community ports, the date on which this requirement is to be applied should be 1 January 2010. Since this deadline might present Greece with technical problems, a temporary derogation is appropriate for some specific vessels operating within the territory of the Hellenic Republic.
(14)
This Directive should be seen as the first step in an ongoing process to reduce marine emissions, offering prospects for further emission reductions through lower fuel sulphur limits and abatement technologies, and for economic instruments to be developed as an incentive to achieve significant reductions.
(15)
It is essential to reinforce Member States' positions in IMO negotiations, in particular to promote, in the revision phase of Annex VI to MARPOL, the consideration of more ambitious measures as regards tighter sulphur limits for heavy fuel oils used by ships and the use of equivalent alternative emission abatement measures.
(16)
In its resolution A.926(22), the IMO Assembly invited Governments, particularly those in regions where SOx Emission Control Areas have been designated, to ensure the availability of low sulphur bunker fuel oil in areas within their jurisdiction and to call on the oil and shipping industries to facilitate the availability and use of low sulphur bunker fuel oil. Member States should take action as appropriate to ensure that local marine fuel suppliers make compliant fuel available, in sufficient quantities to meet demand.
(17)
The IMO has adopted guidelines for the sampling of fuel oil for determining compliance with Annex VI to MARPOL, and is due to develop guidelines on exhaust gas cleaning systems and other technological methods to limit SOx emissions in SOx Emission Control Areas.
(18)
Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (7) recasts Council Directive 88/609/EEC (8) . Directive 1999/32/EC should be revised accordingly, as provided for in Article 3(4) thereof.
(19)
It is appropriate for the existing Committee on Safe Seas and the Prevention of Pollution from Ships established by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (9) to assist the Commission in the context of the approval of emission abatement technologies.
(20)
Emission abatement technologies, provided they have no adverse effect on ecosystems and are developed subject to appropriate approval and control mechanisms, can provide emission reductions at least equivalent to, or even greater than, those achievable using low sulphur fuel. It is essential that the correct conditions exist to promote the emergence of new emission abatement technologies.
(21)
The European Maritime Safety Agency should provide assistance to the Commission and Member States, as appropriate, in monitoring the implementation of this Directive.
(22)
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).
(23)
Directive 1999/32/EC should therefore be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 1999/32/EC is amended as follows:
1.
Article 1(2) shall be replaced by the following:
‘2.
Reductions in emissions of sulphur dioxide resulting from the combustion of certain petroleum-derived liquid fuels shall be achieved by imposing limits on the sulphur content of such fuels as a condition for their use within Member States' territory, territorial seas and exclusive economic zones or pollution control zones.’
The limitations on the sulphur content of certain petroleum-derived liquid fuels as laid down in this Directive shall not, however, apply to:
(a)
fuels intended for the purposes of research and testing;
(b)
fuels intended for processing prior to final combustion;
(c)
fuels to be processed in the refining industry;
(d)
fuels used and placed on the market in the outermost regions of the Community provided that the relevant Member States ensure that, in those regions:
-
air quality standards are respected,
-
heavy fuel oils are not used if their sulphur content exceeds 3 % by mass;
(e)
fuels used by warships and other vessels on military service. However, each Member State shall endeavour to ensure, by the adoption of appropriate measures not impairing the operations or operational capability of such ships, that these ships act in a manner consistent, so far as is reasonable and practical, with this Directive;
(f)
any use of fuels in a vessel necessary for the specific purpose of securing the safety of a ship or saving life at sea;
(g)
any use of fuels in a ship necessitated by damage sustained to it or its equipment, provided that all reasonable measures are taken after the occurrence of the damage to prevent or minimise excess emissions and that measures are taken as soon as possible to repair the damage. This shall not apply if the owner or master acted either with intent to cause damage, or recklessly;
(h)
fuels used on board vessels employing approved emission abatement technologies in accordance with Article 4c.';
2.
Article 2 shall be amended as follows:
(a)
the first indent in point 1 shall be replaced by the following:
‘-
any petroleum-derived liquid fuel, excluding marine fuel, falling within CN code 2710 19 51 to 2710 19 69, or’;
(b)
the first subparagraph of point 2 shall be replaced by the following:
‘gas oil means:
-
any petroleum-derived liquid fuel, excluding marine fuel, falling within CN code 2710 19 25, 2710 19 29, 2710 19 45 or 2710 19 49, or
-
any petroleum-derived liquid fuel, excluding marine fuel, of which less than 65 % by volume (including losses) distils at 250 oC and of which at least 85 % by volume (including losses) distils at 350 oC by the ASTM D86 method.’;
(c)
point 3 shall be replaced by the following:
‘3.
marine fuel means any petroleum-derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217;’
(d)
the following points shall be inserted:
‘3a.
marine diesel oil means any marine fuel which has a viscosity or density falling within the ranges of viscosity or density defined for DMB and DMC grades in Table I of ISO 8217;
3b.
marine gas oil means any marine fuel which has a viscosity or density falling within the ranges of viscosity or density defined for DMX and DMA grades in Table I of ISO 8217;
3c.
MARPOL means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto;
3d.
Annex VI to MARPOL means the annex, entitled “Regulations for the Prevention of Air Pollution from Ships”, that the Protocol of 1997 adds to MARPOL;
3e.
Ox Emission Control Areas means sea areas defined as such by the IMO under Annex VI to MARPOL;
3f.
passenger ships means ships that carry more than 12 passengers, where a passenger is every person other than:
(i)
the master and the members of the crew or other person employed or engaged in any capacity on board a ship on the business of that ship, and
(ii)
a child under one year of age;
3g.
regular services means a series of passenger ship crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either:
(i)
according to a published timetable, or
(ii)
with crossings so regular or frequent that they constitute a recognisable schedule;
3h.
warship means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline;
3i.
ships at berth means ships which are securely moored or anchored in a Community port while they are loading, unloading or hotelling, including the time spent when not engaged in cargo operations;
3j.
inland waterway vessel means a vessel particularly intended for use on an inland waterway as defined in Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (11) , including all vessels which carry:
(i)
a Community inland navigation certificate, as defined in Directive 82/714/EEC,
(ii)
a certificate issued pursuant to Article 22 of the Revised Convention for the Navigation of the Rhine;
3k.
placing on the market means supplying or making available to third persons, against payment or free of charge, anywhere within Member States' jurisdictions, marine fuels for on-board combustion. It excludes supplying or making available marine fuels for export in ships' cargo tanks;
3l.
outermost regions means the French overseas departments, the Azores, Madeira and the Canary Islands, as set out in Article 299 of the Treaty;
3m.
emission abatement technology means an exhaust gas cleaning system, or any other technological method that is verifiable and enforceable;’
(e)
point 6 shall be deleted;
3.
Article 3 shall be replaced by the following:
‘Article 3
Maximum sulphur content of heavy fuel oil
1. Member States shall take all necessary steps to ensure that, as from 1 January 2003, heavy fuel oils are not used within their territory if their sulphur content exceeds 1 % by mass.
2.
(i)
Subject to appropriate monitoring of emissions by competent authorities this requirement shall not apply to heavy fuel oils used:
(a)
in combustion plants which fall within the scope of Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (12), which are considered new in accordance with the definition given in Article 2(9) thereof and which comply with the sulphur dioxide emission limits for such plants set out in Annex IV to that Directive and applied in accordance with Article 4 thereof;
(b)
in combustion plants which fall within the scope of Directive 2001/80/EC, which are considered existing in accordance with the definition given in Article 2(10) thereof, where the sulphur dioxide emissions from these combustion plants are equal to or less than 1 700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis, and where, from 1 January 2008, the emissions of sulphur dioxide from combustion plants subject to Article 4(3)(a) of Directive 2001/80/EC are equal to or less than those resulting from compliance with the emission limit values for new plants contained in Part A of Annex IV to that Directive and where appropriate applying Articles 5, 7 and 8 thereof;
(c)
in other combustion plants which do not fall under (a) or (b), where the sulphur dioxide emissions from those combustion plants do not exceed 1 700 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;
(d)
for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all plants in the refinery, irrespective of the type of fuel or fuel combination used, is within a limit to be set by each Member State, which shall not exceed 1 700 mg/Nm3. This shall not apply to combustion plants which fall under (a) or, from 1 January 2008, to those which fall under (b).
(ii)
Member States shall take the necessary measures to ensure that any combustion plant using heavy fuel oil with a sulphur concentration greater than that referred to in paragraph 1 is not operated without a permit issued by a competent authority, which specifies the emission limits.
3. The provisions of paragraph 2 shall be reviewed and, if appropriate, amended in the light of any future amendment of Directive 2001/80/EC.’
4.
Article 4 shall be amended as follows:
(a)
with effect from 1 January 2010:
(i)
in paragraph 1, the words ‘including marine gas oils’ shall be deleted;
(ii)
paragraph 2 shall be deleted;
(b)
with effect from 11 August 2005, paragraphs 3 and 4 shall be deleted;
5.
The following Articles shall be inserted:
‘Article 4a
Maximum sulphur content of marine fuels used in SOx Emission Control Areas and by passenger ships operating on regular services to or from Community ports
1. Member States shall take all necessary measures to ensure that marine fuels are not used in the areas of their territorial seas, exclusive economic zones and pollution control zones falling within SOx Emission Control Areas if the sulphur content of those fuels exceeds 1,5 % by mass. This shall apply to all vessels of all flags, including vessels whose journey began outside the Community.
2. The application dates for paragraph 1 shall be as follows:
(a)
for the Baltic Sea area referred to in regulation 14(3)(a) of Annex VI to MARPOL, 11 August 2006;
(b)
for the North Sea:
-
12 months after entry into force of the IMO designation, according to established procedures, or
-
11 August 2007,
whichever is the earlier;
(c)
for any other sea areas, including ports, that the IMO subsequently designates as SOx Emission Control Areas in accordance with regulation 14(3)(b) of Annex VI to MARPOL: 12 months after the date of entry into force of the designation.
3. Member States shall be responsible for the enforcement of paragraph 1 at least in respect of:
-
vessels flying their flag, and
-
in the case of Member States bordering SOx Emission Control Areas, vessels of all flags while in their ports.
Member States may also take additional enforcement action in respect of other vessels in accordance with international maritime law.
4. From the date referred to in paragraph 2(a), Member States shall take all necessary measures to ensure that marine fuels are not used in their territorial seas, exclusive economic zones and pollution control zones by passenger ships operating on regular services to or from any Community port if the sulphur content of those fuels exceeds 1,5 % by mass. Member States shall be responsible for the enforcement of this requirement at least in respect of vessels flying their flag and vessels of all flags while in their ports.
5. From the date referred to in paragraph 2(a), Member States shall require the correct completion of ships' logbooks, including fuel-changeover operations, as a condition of ships' entry into Community ports.
6. From the date referred to in paragraph 2(a), and in accordance with Regulation 18 of Annex VI to MARPOL, Member States shall:
-
maintain a register of local suppliers of marine fuel,
-
ensure that the sulphur content of all marine fuels sold in their territory is documented by the supplier on a bunker delivery note, accompanied by a sealed sample signed by the representative of the receiving ship,
-
take action as appropriate against marine fuel suppliers that have been found to deliver fuel that does not comply with the specification stated on the bunker delivery note,
-
ensure that remedial action as appropriate is taken to bring any non-compliant marine fuel discovered into compliance.
7. From the date referred to in paragraph 2(a), Member States shall ensure that marine diesel oils are not placed on the market in their territory if the sulphur content of those marine diesel oils exceeds 1,5 % by mass.
8 The Commission shall notify Member States of the application dates mentioned in paragraph 2(b) and publish them in the Official Journal of the European Union.
Article 4b
Maximum sulphur content of marine fuels used by inland waterway vessels and ships at berth in Community ports
1. With effect from 1 January 2010, Member States shall take all necessary measures to ensure that the following vessels do not use marine fuels with a sulphur content exceeding 0,1 % by mass:
(a)
inland waterway vessels; and
(b)
ships at berth in Community ports, allowing sufficient time for the crew to complete any necessary fuel-changeover operation as soon as possible after arrival at berth and as late as possible before departure.
Member States shall require the time of any fuel-changeover operation to be recorded in ships' logbooks.
2. Paragraph 1 shall not apply:
(a)
whenever, according to published timetables, ships are due to be at berth for less than two hours;
(b)
to inland waterway vessels that carry a certificate proving conformity with the International Convention for the Safety of Life at Sea, 1974, as amended, while those vessels are at sea;
(c)
until 1 January 2012 for the vessels listed in the Annex and operating exclusively within the territory of the Hellenic Republic;
(d)
to ships which switch off all engines and use shore-side electricity while at berth in ports.
3. With effect from 1 January 2010, Member States shall ensure that marine gas oils are not placed on the market in their territory if the sulphur content of those marine gas oils exceeds 0,1 % by mass.
Article 4c
Trials and use of new emission abatement technologies
1. Member States may, in cooperation with other Member States, as appropriate, approve trials of ship emission abatement technologies on vessels flying their flag, or in sea areas within their jurisdiction. During these trials the use of marine fuels meeting the requirements of Articles 4a and 4b shall not be mandatory, provided that:
-
the Commission and any port State concerned are notified in writing at least six months before trials begin,
-
permits for trials do not exceed 18 months in duration,
-
all ships involved install tamper-proof equipment for the continuous monitoring of funnel gas emissions and use it throughout the trial period,
-
all ships involved achieve emission reductions which are at least equivalent to those which would be achieved through the limits on sulphur in fuel specified in this Directive,
-
there are proper waste management systems in place for any waste generated by the emission abatement technologies throughout the trial period,
-
there is an assessment of impacts on the marine environment, particularly ecosystems in enclosed ports, harbours and estuaries throughout the trial period, and
-
full results are provided to the Commission, and made publicly available, within six months of the end of the trials.
2. Emission abatement technologies for ships flying the flag of a Member State shall be approved in accordance with the procedure referred to in Article 3(2) of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) (13), taking into account:
-
guidelines to be developed by the IMO,
-
results of any trials conducted under paragraph 1,
-
effects on the environment, including achievable emission reductions, and impacts on ecosystems in enclosed ports, harbours and estuaries,
-
feasibility of monitoring and verification.
3. Criteria shall be established for the use of emission abatement technologies by ships of all flags in enclosed ports, harbours and estuaries in the Community in accordance with the procedure referred to in Article 9(2). The Commission shall communicate these criteria to the IMO.
4. As an alternative to using low sulphur marine fuels meeting the requirements of Articles 4a and 4b, Member States may allow ships to use an approved emission abatement technology, provided that these ships:
-
continuously achieve emission reductions which are at least equivalent to those which would be achieved through the limits on sulphur in fuel specified in this Directive,
-
are fitted with continuous emission monitoring equipment, and
-
document thoroughly that any waste streams discharged into enclosed ports, harbours and estuaries have no impact on ecosystems, based on criteria communicated by the authorities of port States to the IMO.’
6.
Article 6 shall be amended as follows:
(a)
the following paragraph shall be inserted:
‘1a.
Member States shall take the necessary measures to ensure that the sulphur content of marine fuels complies with the relevant provisions of Articles 4a and 4b.
Each of the following means of sampling, analysis and inspection shall be used as appropriate:
-
sampling of the marine fuel for on-board combustion while being delivered to ships, following IMO guidelines, and analysis of its sulphur content;
-
sampling and analysis of the sulphur content of marine fuel for on-board combustion contained in tanks, where feasible, and in sealed bunker samples on board ships;
-
inspection of ships' log books and bunker delivery notes.
Sampling shall commence on the date on which the relevant limit for maximum sulphur content in the fuel comes into force. It shall be carried out with sufficient frequency, in sufficient quantities, and in such a way that the samples are representative of the fuel examined, and of the fuel being used by ships while in relevant sea areas, ports and inland waterways.
Member States shall also take reasonable measures, as appropriate, to monitor the sulphur content of marine fuels other than those to which Articles 4a and 4b apply.’;
(b)
in paragraph 2, point (a) shall be replaced by the following:
‘(a)
ISO method 8754 (1992) and PrEN ISO 14596 for heavy fuel oil and marine fuels;’
7.
Article 7 shall be replaced by the following:
‘Article 7
Reporting and review
1. On the basis of the results of the sampling, analysis and inspections carried out in accordance with Article 6, Member States shall by 30 June of each year provide the Commission with a short report on the sulphur content of the liquid fuels falling within the scope of this Directive and used within their territory during the preceding calendar year. That report shall include a record of the total number of samples tested by fuel type and shall indicate the corresponding quantity of fuel used, and the calculated average sulphur content. Member States shall also report the number of inspections made on board ships, and record the average sulphur content of marine fuels used in their territory which do not fall within the scope of this Directive on 11 August 2005.
2. On the basis, inter alia, of:
(a)
annual reports submitted in accordance with paragraph 1;
(b)
observed trends in air quality, acidification, fuel costs and modal shift;
(c)
progress in reducing emissions of sulphur oxides from ships through IMO mechanisms following Community initiatives in this regard;
(d)
a new cost-effectiveness analysis, including direct and indirect environmental benefits, of measures contained in Article 4a(4) and of possible further emission reduction measures; and
(e)
the implementation of Article 4c,
the Commission shall, by 2008, submit a report to the European Parliament and to the Council.
The Commission may submit with its report proposals for amending this Directive, in particular as regards:
-
a second stage of sulphur limit values laid down for each fuel category, and
-
taking account of work within the IMO, the sea areas where low sulphur marine fuels are to be used.
The Commission shall give particular consideration to proposals for:
(a)
the designation of additional SOx Emission Control Areas;
(b)
the reduction of sulphur limits for marine fuel used in SOx Emission Control Areas possibly down to 0,5 %;
(c)
alternative or complementary measures.
3. By 31 December 2005, the Commission shall report to the European Parliament and to the Council on the possible use of economic instruments, including mechanisms such as differentiated dues and kilometre charges, tradable emission permits and offsetting.
The Commission may consider submitting proposals on economic instruments as alternative or complementary measures in the context of the 2008 review, provided that environmental and health benefits can be clearly demonstrated.
4. Any amendments necessary to make technical adaptations to Article 2, points 1, 2, 3, 3a, 3b and 4 or Article 6(2) in the light of scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 9(2). Such adaptations shall not result in any direct changes to the scope of this Directive or to limits on sulphur in fuel specified in this Directive.’;
8.
Article 9 shall be replaced by the following:
‘Article 9
Committee procedure
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC (14) shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.’
9.
The text set out in the Annex to this Directive shall be added.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 11 August 2006. 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 a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Strasbourg, 6 July 2005.
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COUNCIL DECISION
of 28 June 2007
appointing six Swedish members and nine Swedish alternate members to the Committee of the Regions
(2007/466/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the Swedish Government,
Whereas:
(1)
On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).
(2)
Six members’ seats on the Committee of the Regions have become vacant following the resignations of Mr HAMMAR, Mr HEISTER, Mr KALIFF, Mr NORDSTRÖM, Ms RYDEFJÄRD and Ms TARRAS-WAHLBERG. Seven alternate members’ seats on the Committee of the Regions have become vacant following the resignations of Ms CELION, Ms GRANBERG, Ms NORGREN, Mr SCHUBERT, Ms SEGERSTEN-LARSSON, Ms TALLBERG and Ms ÖGREN. One alternate member’s seat has become vacant following the end of the mandate of Mr PERSSON. One alternate member’s seat has become vacant following the appointment of Ms RYDEFJÄRD, former alternate member, as a member (who has in the meanwhile resigned),
HAS DECIDED AS FOLLOWS:
Article 1
The following are hereby appointed members and alternate members of the Committee of the Regions for the remainder of the current term of office, which ends on 25 January 2010:
(a)
as members:
-
Mr Paul LINDQUIST, Lidingö kommun,
-
Ms Kristina ALVENDAHL, Stockholms kommun,
-
Ms Maria WALLHAGER, Stockholms läns landsting,
-
Mr Ilmar REEPALU, Malmö kommun,
-
Ms Lotta HÅKANSSON HARJU, Järfälla kommun,
-
Ms Catarina SEGERSTEN-LARSSON, Värmlands läns landsting;
and
(b)
as alternate members:
-
Mr Carl Fredrik GRAF, Halmstads kommun,
-
Ms Susanna HABY, Göteborgs kommun,
-
Mr Carl Johan SONESON, Skåne läns landsting,
-
Mr Rolf SÄLLRYD, Kronobergs läns landsting,
-
Ms Ingela NYLUND WATZ, Stockholms läns landsting,
-
Ms Agneta LIPKIN, Norrbottens läns landsting,
-
Mr Tore HULT, Alingsås kommun,
-
Ms Yoomi RENSTRÖM, Ovanåkers kommun,
-
Mr Kenth LÖVGREN, Gävle kommun;
in place of:
(a)
-
Mr Henrik HAMMAR,
-
Ms Lisbeth RYDEFJÄRD,
-
Mr Lars NORDSTRÖM,
-
Mr Roger KALIFF,
-
Ms Catarina TARRAS-WAHLBERG,
-
Mr Chris HEISTER;
and
(b)
-
Ms Agneta GRANBERG,
-
Ms Lena CELION,
-
Ms Catarina SEGERSTEN-LARSSON,
-
Mr Kent PERSSON,
-
Mr Endrick SCHUBERT,
-
Ms Christina TALLBERG,
-
Ms Lisbeth RYDEFJÄRD (appointed member, who has in the meanwhile resigned),
-
Ms Åsa ÖGREN,
-
Ms Ulla NORGREN.
Article 2
This Decision shall take effect on the date of its adoption.
Done at Luxembourg, 28 June 2007.
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COMMISSION DECISION
of 27 June 2008
authorising the placing on the market of Baobab dried fruit pulp as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
(notified under document number C(2008) 3046)
(Only the English text is authentic)
(2008/575/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,
Whereas:
(1)
On 9 August 2006 the company PhytoTrade Africa made a request to the competent authorities of the United Kingdom to place Baobab dried fruit pulp on the market as a novel food ingredient.
(2)
On 12 July 2007 the competent food assessment body of the United Kingdom issued its initial assessment report. In that report it came to the conclusion that Baobab dried fruit pulp is safe for human consumption at the proposed use levels.
(3)
The Commission forwarded the initial assessment report to all Member States on 1 August 2007.
(4)
Within the 60 day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision. These objections did not raise concerns about the safety. However, in accordance with the provisions of Article 6(4) a Community Decision is required.
(5)
Baobab dried fruit pulp complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.
(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
Baobab dried fruit pulp as specified in the Annex, hereinafter called the product, may be placed on the market in the Community as a novel food ingredient.
Article 2
The designation of the novel food ingredient authorised by this Decision on the labelling of the foodstuff containing it shall be ‘Baobab fruit pulp’.
Article 3
This Decision is addressed to PhytoTrade Africa, London Office, Unit W215, Holywell Centre, 1 Phipp Street, London EC2A 4PS, United Kingdom.
Done at Brussels, 27 June 2008.
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COMMISSION REGULATION (EC) No 2966/94 of 5 December 1994 concerning the stopping of fishing for anchovy by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3676/93 of 21 December 1993 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1994 and certain conditions under which they may be fished (2), as amended by Regulation (EC) No 2761/94 (3), provides for anchovy quotas for 1994;
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 anchovy in the waters of ICES division VIII by vessels flying the flag of France or registered in France have reached the quota allocated for 1994,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of anchovy in the waters of ICES division VIII by vessels flying the flag of France or registered in France are deemed to have exhausted the quota allocated to France for 1994.
Fishing for anchovy in the waters of ICES division VIII by vessels flying the flag of France or registered in France is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of entry into force 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 1994.
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COMMISSION REGULATION (EC) No 722/2009
of 6 August 2009
concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 677/2009
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single ‘CMO Regulation’) (1), and in particular Article 144(1) in conjunction with Article 4 thereof,
Whereas:
(1)
An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EC) No 677/2009 (2).
(2)
Under Article 8 of Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) the Commission, in accordance with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to make no award.
(3)
On the basis of the criteria laid down in Articles 7 and 8 of Regulation (EC) No 1296/2008 a maximum reduction in the duty should not be fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
No award shall be made for the tenders lodged from 28 July to 6 August 2009 under the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EC) No 677/2009.
Article 2
This Regulation shall enter into force on 7 August 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 August 2009.
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COMMISSION REGULATION (EC) No 1427/2005
of 30 August 2005
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), and in particular the second sentence of the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2005/2006 marketing year are fixed by Commission Regulation (EC) No 1011/2005 (3). These prices and duties were last amended by Regulation (EC) No 1324/2005 (4).
(2)
The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95, as fixed by Regulation (EC) No 1011/2005 for the 2005/2006 marketing year are hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 31 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 August 2005.
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Commission Decision
of 24 September 2003
concerning a Community financial contribution for the eradication of ovine catarrhal fever in Italy in 2001 and 2002
(notified under document number C(2003) 3326)
(Only the Italian text is authentic)
(2003/677/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 3(3) and Article 5(3) thereof,
Whereas:
(1) Outbreaks of ovine catarrhal fever occurred in Italy in 2001 and 2002, representing a serious danger to the Community livestock population.
(2) With a view to helping to eradicate the disease as rapidly as possible, the Community may contribute financially to eligible expenditure borne by the Member State, as provided for in Decision 90/424/EEC.
(3) Pursuant to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(3), veterinary and plant health measures undertaken in accordance with Community rules shall be financed under the "Guarantee" section of the European Agricultural Guidance and Guarantee Fund. The auditing of these measures comes under Articles 8 and 9 of the said Regulation.
(4) The payment of the financial contribution from the Community must be subject to the condition that the actions planned have been efficiently carried out and that the authorities supply all the necessary information within the time limits laid down.
(5) On 17 July 2002, Italy presented an application for the reimbursement of its costs for eradicating the disease. According to the information available, around 170000 sheep and goats were slaughtered.
(6) Pending checks by the Commission, it is now necessary to set the amount of an advance on the Community financial assistance. This advance must be 50 % of the Community contribution based on an estimate of the cost of compensation for livestock and reimbursement of other costs.
(7) The terms "swift and adequate compensation of the livestock farmers" used in Article 3 of Decision 90/424/EEC, "reasonable payments" and "justified payments" and the categories of eligible expenditure under "other costs" associated with the compulsory slaughter must all be defined.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Granting of Community financial assistance to Italy
In order to eradicate ovine catarrhal fever in 2001 and 2002, Italy is eligible for a Community financial contribution equal to 50 % of the expenses incurred for:
(a) the swift and adequate compensation of the livestock farmers forced to cull their animals as part of the measures to combat the outbreaks of ovine catarrhal fever that occurred in 2001 and 2002, pursuant to the seventh indent of Article 3(2) of Decision 90/424/EEC and this decision;
(b) the destruction of the contaminated animals and disinsectisation, under the conditions provided for in the first, second and third indents of Article 3(2) of Decision 90/424/EEC and this decision.
Article 2
Definitions
The following definitions apply to this decision:
(a) "swift and adequate compensation": payment, within 90 days of the slaughter of the animals, of compensation corresponding to the market value of the animals immediately before they became infected or were slaughtered or destroyed;
(b) "reasonable payments": payments made for the purchase of equipment or services at proportionate prices compared to the market prices that applied before the outbreak;
(c) "justified payments": payments made for the purchase of equipment or services in accordance with Article 3(2) of Decision 90/424/EEC, where their nature and direct link to the compulsory slaughter of animals on holdings have been demonstrated.
Article 3
Payment arrangements
1. Subject to the results of the checks referred to in Article 6 below, an advance of EUR 4000000 shall be paid, as part of the Community financial contribution mentioned in Article 1, on the basis of supporting documents submitted by Italy relating to the swift and adequate compensation of owners for the compulsory slaughter, the destruction of the animals and, if necessary, the products used for the disinsectisation of the holdings.
2. Once the inspections referred to in Article 6 have been carried out, the Commission shall decide on the balance in accordance with the procedure provided for in Article 41 of Decision 90/424/EEC.
Article 4
Eligible expenditure covered by the Community contribution
1. The non-compliance of the Italian authorities with the payment deadline referred to in Article 2(a) has led to a reduction in the eligible amounts, in accordance with the rules below:
- 25 % reduction for payments made between 91 and 105 days after slaughter of the animals,
- 50 % reduction for payments made between 106 and 120 days after slaughter of the animals,
- 75 % reduction for payments made between 121 and 135 days after slaughter of the animals,
- 100 % reduction for payments made later than 136 days after slaughter of the animals.
However, the Commission will apply a different scale and/or lower reduction rates (or a zero reduction rate) if specific management conditions can be demonstrated for certain measures or if Italy provides a well-grounded justification for the delay.
2. The Community financial contribution referred to in Article 1(b) relates only to justified and reasonable payments for the eligible expenditure mentioned in Annex I.
3. It does not include:
(a) value added tax;
(b) officials' wages;
(c) the use of public equipment, except consumables.
Article 5
Payment conditions and supporting documents
1. The Community financial contribution referred to in Article 1 is paid on the basis of the following documents:
(a) an application submitted in accordance with Annexes II and III, within the deadline in paragraph 2;
(b) the supporting documents in Article 3(1), including an epidemiological report on each holding where animals have been culled and destroyed, as well as a financial report;
(c) the results of any in situ Commission inspections, as referred to in Article 6.
The documents referred to in (b) above must be made available for the Commission's in situ audits.
2. The application referred to in paragraph 1(a) must be provided in computerised form in accordance with Annexes II and III within 30 calendar days of the date of notification of this Decision. If this time limit is not observed, the financial contribution from the Community shall be reduced by 25 % for every month of delay.
Article 6
Commission in situ inspections
The Commission, in collaboration with the competent Italian authorities, may conduct in situ inspections relating to the implementation of the measures in Article 1 and the associated costs.
Article 7
Addressee
This Decision is addressed to the Italian Republic.
Done at Brussels, 24 September 2003.
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COMMISSION DECISION of 27 March 1995 amending Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (95/99/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 19 (ii) thereof,
Whereas, in accordance with Commission Decision 93/195/EEC (2), as last amended by Decision 94/561/EC (3), the re-entry of registered horses for racing, competition and cultural events after temporary export is restricted to horses kept for less than 30 days in a third country;
Whereas in order to make it easier for horses originating in the Community to take part in the Atlanta Olympic Games in the United States of America in 1996 and in the preparatory events, that period should be extended to less than 90 days;
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
Decision 93/195/EEC is amended as follows:
1. The following indent is added to Article 1:
'- have taken part in the Atlanta Olympic Games of 1996 or in the preparatory events scheduled for August 1995 in Atlanta and meet the requirements laid down for a health certificate in accordance with the model set out in Annex III to this Decision.` 2. The following Annex is added:
'ANNEX III HEALTH CERTIFICATE for re-entry of registered horses that have taken part in the Atlanta Olympic Games of 1996 or in the preparatory events in Atlanta (August 1995) after temporary export for less than 90 days Certificate No Exporting third country: UNITED STATES OF AMERICA Responsible ministry: USDA I. Identification of horse (a) No of identification document:
(b) Validated by: (name of competent authority) II. Origin of horse The horse is to be sent from:
(place whence consigned) to:
(place of destination) by air:
(give flight number) Name and address of consignor:
Name and address of consignee:
III. Health information I, the undersigned, certify that the above horse meets the requirements set out in point III (a), (b), (c), (e), (f), (g) and (h) of Annex II to Decision 93/195/EEC and that it has been kept on officially approved holdings under official veterinary supervision since entering the territory of the United States of America on .................... (less than 90 days) and during that period has been kept in separated stabling out of contact with equidae of lower health status, except during the competitions.
IV. The horse will be consigned in a means of transport cleaned and disinfected in advance with a disinfectant officially recognized in the United States of America.
V. This certificate is valid for 10 days.
Date: Place: Stamp and signature of official veterinarian:
(Name, position and professional qualification in capital letters)`
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 March 1995.
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*****
COMMISSION DECISION
of 5 December 1984
on the implementation of the reform of agricultural structures in France pursuant to Council Directives 72/159/EEC and 75/268/EEC
(Only the French text is authentic)
(85/25/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (1), as last amended by Directive 84/513/EEC (2), and in particular Article 18 (3) thereof,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (3), as last amended by Directive 82/786/EEC (4), and in particular Article 13 thereof,
Whereas the French Government forwarded, pursuant to Article 17 (4) of Directive 72/159/EEC the following provisions:
- Decree No 83/442 of 1 June 1983 on the modernization of farms,
- Ministerial Order of 1 June 1983 on skill and competence in agriculture,
- Ministerial Order of 1 June 1983 on the interest rates on special modernization loans granted by regional agricultural credit banks,
- Ministerial Order of 1 June 1983 on the amounts of aids and ceilings,
- Ministerial Order of 1 June 1983 on the amounts of the reduced interest loans,
- Circular DIAME/SSME/N.83 of 15 June 1983 on the development plans,
- Circular DIAME/SSME/C.83 on investment aids for the modernization of farms, development plans and other aids, modernization aids,
- Circular DIAME/SSME/C.83 No 5016 of 10 June 1983 on the subsidies for livestock buildings - pig farming,
- Circular DIAME No 5006 of 9 February 1982 on investment aids for farms - situation of the GAEC;
Whereas Article 18 (3) of Directive 72/159/EEC and Article 13 of Directive 75/268/EEC require the Commission to determine whether, having regard to the abovementioned submission, the existing provisions in France for the implementation of Directive 72/159/EEC and of Titles III and IV of Directive 75/268/EEC continue to satisfy the conditions for financial contribution by the Community;
Whereas the abovementioned regulations and administrative provisions meet the requirements of Directives 72/159/EEC and 75/268/EEC as well as the requirements of Council Regulations (EEC) No 1945/81 (5) and (EEC) No 1946/81 (6) of 30 June 1981 restricting investment aids for pig and milk production, with the exception of those provided for in Circular DIAME No 5006 of 9 February 1982 for multiplying the ceilings laid down in Regulations (EEC) No 1945/81 and (EEC) No 1946/81, in so far as this circular deals with joint farming ventures established from a single farm;
Whereas, however, the preceding remark does not justify a negative decision as regards the eligibility of the various measures envisaged;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
Having regard to the regulations and administrative provisions set out in the recitals, the existing provisions for the implementation of Directive 72/159/EEC and Titles III and IV of Directive 75/268/EEC in France continue to satisfy the conditions for financial contribution by the Community to common measures within the meaning of Article 15 of Directive 72/159/EEC, with the exception of the provisions in Circular DIAME No 5006 of 9 February 1982 relating to milk and pig production, in so far as this circular deals with the joint farming ventures established from a single farm.
Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 5 December 1984.
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COUNCIL DIRECTIVE of 26 March 1980 amending Directive 72/159/EEC on the modernization of farms (80/370/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas under Article 14 (2) (a) of Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (2), as last amended by Directive 78/1017/EEC (3), Member States may, during a period of five years from the time when the said Directive takes effect, grant temporary aid to farmers who are not capable of attaining the level of earned income laid down under Article 4 of that Directive and who are not yet eligible for the annuities provided for in Article 2 (1) of Council Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of farming and the reallocation of utilized agricultural area for the purposes of structural improvement (4);
Whereas such period expired on 17 April 1977;
Whereas, pending the re-examination of Directive 72/159/EEC provided for in Article 16 thereof, the period of application of Article 14 (2) (a) to the measures in force in the Member States at the end of this five-year period was extended until 31 December 1979;
Whereas, since such re-examination is still in progress and a decision on the agricultural structure policy proposals submitted by the Commission to the Council on 20 March 1979 providing inter alia for the amendment and prolongation of Article 14 (2) (a) of Directive 72/159/EEC has not yet been taken, it would seem advisable to authorize the Member States to continue, until such re-examination has been completed or until 31 December 1980, whichever is the earlier, to apply those measures in force at the end of the five-year period that fall within the scope of Article 14 (2) (a) of the Directive,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The period laid down in Article 14 (2) (a) of Directive 72/159/EEC shall be extended, as regards the measures provided for under that Article in force in the Member States on 15 March 1977, until the re-examination provided for in Article 16 of this Directive has been completed or until 31 December 1980, whichever is the earlier.
Article 2
This Directive shall take effect from 1 January 1980.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 26 March 1980.
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Council Regulation (EC) No 408/2002
of 28 February 2002
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain zinc oxides originating in the People's Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
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), and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROVISIONAL MEASURES
(1) The Commission, by Regulation (EC) No 1827/2001(2) ("provisional Regulation"), imposed a provisional anti-dumping duty on imports of certain zinc oxides originating in the People's Republic of China ("PRC").
(2) In addition to the verification visits undertaken at the premises of exporting producers in the PRC, as mentioned in recital 7 of the provisional Regulation, it should be noted that verification visits were also carried out at the premises of a number of related export sales companies, namely:
Guangxi Liuzhou Nonferrous Metals Smelting Import & Export Co. Ltd, Liuzhou,
Rickeed Industries Ltd, Hong Kong,
Yinli Import and Export Co. Ltd, Liuzhou,
as well as at a related domestic company:
Gredmann Guangzhou Ltd, Guangzhou.
B. SUBSEQUENT PROCEDURE
(3) Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures, several interested parties submitted comments in writing. In accordance with the provisions of Article 20(1) of Regulation (EC) No 384/96 ("basic Regulation"), all interested parties who requested a hearing were granted an opportunity to be heard by the Commission.
(4) The Commission continued to seek and verify all information deemed necessary for the definitive findings.
(5) All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which they could make representations subsequent to this disclosure.
(6) The oral and written arguments submitted by the parties were considered and, where deemed appropriate, the findings have been changed accordingly.
(7) Having reviewed the provisional findings on the basis of the information gathered since then, it is concluded that the main findings as set out in the provisional Regulation are hereby confirmed.
C. PRODUCT CONCERNED AND LIKE PRODUCT
1. Product concerned
(8) Subsequent to the publication of the provisional Regulation, a number of interested parties claimed that the definition of the product concerned was not correct. They argued that different grades of zinc oxide existed on the market, which, according to their purity, had different properties and applications. As a result, these various grades of zinc oxide could not be considered as a homogenous product. In addition, it was argued that there was insufficient interchangeability between the various grades of zinc oxide. Whilst it was accepted that higher purity grades could theoretically be used in all applications, the same could not be said of lower purity grades because of the level of impurities they contain.
(9) The fact that interchangeability may only be one-way due to different levels of purity between certain of the grades is not considered to be sufficient evidence in itself that the same grades constitute different products which should be treated separately for the purposes of the investigation. On the contrary, the fact that high purity grades can be used in all the various applications of zinc oxide demonstrates that all the grades can be considered as one product. If certain users accept a higher content of impurities this is mostly on the basis of price considerations.
(10) Therefore, the comments made by the interested parties are not in any way sufficient to lead to a change of earlier findings, as set out in recital 11 of the provisional Regulation, that all grades of the product concerned should be considered as a single product.
(11) The findings, as set out in recitals 9 to 11 of the provisional Regulation, with regard to the product concerned are hereby confirmed.
2. Like product
(12) Certain interested parties claimed that producers of zinc oxide in the Community and the PRC used dissimilar production processes that gave zinc oxide produced in the PRC significant cost advantages in terms of raw material and other costs. They suggested that Chinese producers mainly used the "direct" or American process while Community producers almost exclusively used the "indirect" or French process. The direct process is so called because it produces zinc oxide directly from oxidised zinc materials. It was claimed that these raw materials were cheaper than the refined zinc metal and other zinc residues that are used in the indirect process.
(13) In the first instance, the question concerning the different production processes is not considered relevant in the current investigation as zinc oxides produced by either process share the same basic chemical characteristics (ZnO) and properties. Furthermore, a significant proportion of the sales made by the Community industry is obtained from the direct process and the costs related to both processes have been taken into account in the investigation.
(14) No new elements were brought to the attention of the Commission to lead it to alter the conclusions reached at the provisional stage, namely that the zinc oxide produced and sold by Community producers and that produced in the PRC and exported to the Community are a like product.
(15) The provisional findings concerning the like product as set out in recitals 12 to 14 of the provisional Regulation are hereby confirmed.
D. DUMPING
1. Market economy treatment
(16) Some Chinese producers questioned the consistency between granting market economy treatment ("MET") (recital 18 of the provisional Regulation) and the subsequent refusal by the Commission to use prices paid by the company in question for the zinc raw material (recital 47 of the provisional Regulation). According to these companies MET should not have been granted given that the Commission found that the zinc raw material prices, the main cost element, did not reflect market values within the meaning of Article 2(7)(c) of the basic Regulation.
(17) During the second and more detailed on-site investigation, by which the reply to the exporters' questionnaire was verified and after MET had been granted, the Commission found that certain cost elements, i.e. the prices paid for the zinc raw material, were unreliable. The Commission, therefore, adjusted the costs by basing them on zinc quotations as quoted on the London Metal Exchange ("LME"). It is normal practice to adjust costs if it appears that they are not accurate, reliable or in line with normal market conditions. The claim is therefore rejected and the findings in recitals 15 to 24 of the provisional Regulation are hereby confirmed.
2. Individual treatment
(18) In the absence of any comments under this heading, the provisional findings, as set out in recitals 25 to 27 of the provisional Regulation, are hereby confirmed.
3. Normal value
Determination of normal value for exporting producers not granted MET
Selection of the analogue country
(19) The Community zinc oxide users contested the choice of the United States of America ("USA") as an appropriate analogue country for the purpose of establishing normal value, arguing that costs in the PRC and the USA are different. This particular issue was already dealt with in detail in recitals 28 to 36 of the provisional Regulation and is hereby confirmed.
(20) In the absence of any new comments under this heading, the provisional findings, as set out in recitals 37 to 39 of the provisional Regulation, are hereby confirmed.
Determination of normal value for exporting producers granted MET
(21) The "users", as well as some of the Chinese producers, claimed that the Chinese zinc raw material prices were determined by the Chinese market and should, therefore, be considered without making adjustments in accordance with the LME zinc quotations. As explained in recitals 46 and 47 of the provisional Regulation, the prices for supply and demand of zinc or zinc-related products in market economy countries worldwide are based on LME zinc quotations. Furthermore, it should be noted that when selling or purchasing zinc concentrate on the international market, Chinese companies use the LME as reference like any other operator. For reasons of reliability of costs, the Chinese prices for zinc raw materials had to be adjusted as these costs did not fully reflect the impact of LME zinc quotations. The claims have, therefore, to be rejected and the methodology used for the adjustment of zinc raw material prices through LME zinc quotations is hereby confirmed.
(22) After the publication of the provisional Regulation, one of the Chinese producers requested that the abovementioned adjustment to the zinc raw material cost be made to the price of zinc concentrates rather than to the price of zinc calcine on the grounds that its production process began with zinc concentrates. This issue was re-examined and it was found that the producer in question did indeed purchase zinc concentrates but subcontracted the production of the next stage of production, i.e. the production of zinc calcine from zinc concentrates, to a third party. The investigation also revealed that the company produced at least in part from zinc calcine it had purchased on the Chinese market and that had to be adjusted as outlined above. In view of the concern to arrive at a market value for the raw materials and given that the company in question's own production process actually began with zinc calcine, the company's claim could not be accepted and the methodology described in the provisional Regulation had to be confirmed.
(23) Another Chinese producer claimed that in constructing its normal value, the figure for selling, general and administrative expenses ("SG & A") was incorrect and submitted information in support of this claim. It was found that the claim was justified and the figures were corrected accordingly.
(24) One company claimed that the SG & A for domestic sales of all products should be used instead of the specific SG & A for domestic sales of the product concerned. This claim could not be accepted. The purpose of constructing a normal value is to calculate a surrogate for the domestic price of the like product. The SG & A used in this calculation should thus relate to the production and sales of the like product on the domestic market of the country of origin, as provided for in Article 2(6) of the basic Regulation. The company's claim had therefore to be rejected and the initial findings are hereby confirmed.
(25) The Chinese producers which were granted MET claimed that the profit made by sales of by-products generated from the manufacture of zinc calcine and/or zinc oxide should be deducted from the manufacturing costs of zinc oxide. However the investigation revealed that the companies treated by-products separately in their accounts. The profit on these by-products fluctuated substantially in time and was shown separately as extraordinary income in their accounts. The companies never considered any return on the sales of by-products as a credit towards the cost of zinc oxide. This approach was also followed for the purposes of the provisional findings. The claim has consequently been rejected and the provisional findings are hereby confirmed.
(26) Moreover, they also claimed that in order to establish the level of profit in the calculation of the constructed normal value, the Commission should refer to the Community producers' profit instead of referring to the profit made by the producer in the analogue country. Article 2(7)(a) of the basic Regulation provides that the normal value is determined on the basis of the price or constructed value in a market economy third country, in this case the USA. Other methods of establishing normal value are only considered when the relevant analogue country data are not available. The use of the Community producers' profit margin should therefore be rejected.
(27) One Chinese producer claimed that direct selling expenses, relating to exports only, were included in the SG & A expenses relating to domestic sales. This claim was substantiated and found to be justified. The calculations have consequently been corrected.
(28) Concerning the methodology described in recitals 40 to 47 of the provisional Regulation, these findings are hereby confirmed.
4. Export prices
(29) One Chinese producer claimed that in the calculation of export prices certain expenses had been deducted twice. The claim was verified and accepted and a correction was made accordingly.
(30) In the absence of any other comments under this heading, the provisional findings, as set out in recital 48 of the provisional Regulation, are hereby confirmed.
5. Comparison
(31) In the absence of any comments under this heading, the provisional findings, as set out in recitals 49 and 50 of the provisional Regulation, are hereby confirmed.
6. Dumping margins
For the cooperating exporting producers granted MET and individual treatment ("IT")
(32) One Chinese producer claimed that its dumping calculation should be based on sales and/or costs of own produced products, both for normal value and for exports, and that the volume of the zinc oxide purchased from other producers should be excluded from the cost calculations. This claim was verified in more detail and it was possible to isolate the transactions in question. The argument was consequently accepted and a new calculation has been made limited to the sales and/or costs of zinc oxide produced by the company itself.
(33) The definitive weighted average dumping margins expressed as a percentage of the cif (cost, insurance, freight) Community price duty unpaid for the product produced by the following manufacturers are:
TABLE
For all other exporting producers
(34) The level of dumping provisionally established at 69,8 % of the cif Community frontier price is hereby confirmed.
E. COMMUNITY INDUSTRY
(35) Certain parties claimed that on the basis of recital 57 of the provisional Regulation, it appeared that 15 out of 21 zinc oxide producers in the Community did not cooperate in the investigation. It was therefore suggested that the complaint did not meet the requirements of Article 5(4) of the basic Regulation. It should be recalled that the six producers who did cooperate in the investigation represented a major part of Community zinc oxide production in the investigation period, 1 January to 31 December 2000 ("IP"), in this case, more than 75 % of the production of the 21 known companies, thereby satisfying the requirements of Article 5(4). In the absence of any new information submitted with respect to the definition of the Community industry, the findings as set out in recitals 57 to 59 of the provisional Regulation are hereby confirmed.
F. INJURY
1. Preliminary remarks
(36) In the absence of any arguments to the contrary, the methodology used for establishing the level of imports of the product concerned into the Community as set out in recital 60 of the provisional Regulation and that used to determine Community consumption of zinc oxide (recitals 62 and 63) is hereby confirmed.
2. Situation of the Community industry
(37) In accordance with Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Community industry included an evaluation of all relevant factors and indices having a bearing on the state of the Community industry.
(38) Certain interested parties questioned the Commission's conclusions on injury. They argued that certain information relating to the operating performance of the Community industry, such as production, production capacity and utilisation levels, contained in the non-confidential version of the complaint and the replies to the Commission's questionnaires showed either increasing or stable trends. One interested party also claimed that the Commission's findings were erroneous, as the data used in recital 82 of the provisional Regulation concerning cash flow were incomplete. The same interested parties also pointed to the fact that some of the parent companies of the entities forming the Community industry recorded substantial profits in the IP and that as such the Community industry did not suffer material injury within the meaning of Article 3 of the basic Regulation.
(39) These arguments could not be accepted. In the first instance, these interested parties based their claims on partial information concerning only certain members of the Community industry. They did not take into account the results of the Commission's investigation as set out in recitals 72 to 89 of the provisional Regulation that represent the overall situation of the Community industry. Secondly, it is to be recalled that the current investigation is limited in scope to the product concerned as defined in recital 9 of the provisional Regulation. Whilst it is true that the parent companies of certain members of the Community industry recorded profits during the IP, the overall level of profitability for their zinc oxide activities in the Community was negative in this period as set out in recital 77 of the provisional Regulation.
(40) As regards the cash flow information detailed in recital 82 of the provisional Regulation, it is acknowledged that some entities forming the Community industry were not able to supply detailed information concerning their zinc oxide activities. However, the entities which were able to do so, and whose verified information was used by the Commission to arrive at their provisional findings, accounted for over 80 % of the production of the Community industry in the IP. The verified data were therefore considered to be representative of the situation of the Community industry as a whole.
3. Developments occurring before and after the IP
(41) A number of interested parties, in particular users of the product concerned, asked the Commission to broaden the scope of their analysis and take into account developments occurring both before the beginning of the analysis period (1 January 1996 to 31 December 2000) and after the end of the IP. They argued that the years 1993, 1994 and 1995 should be considered in order to have a better appreciation of the market. They also claimed that Community producers were taking advantage of falling zinc metal prices after the IP to increase their margins and that, as such, the imposition of measures was unwarranted.
(42) It should be recalled that Article 6(1) of the basic Regulation provides that information relating to a period after the IP should, normally, not be taken into account. The information provided by the interested parties concerning events occurring after the IP, consisting principally of references to the fall in the zinc quotation on the LME, did not give any basis on which it could be said that the findings reached in the investigation were no longer valid. Indeed, the investigation established that under normal market conditions, the prices in zinc oxide market followed the evolution of raw material prices and mostly the LME zinc quotation. Fluctuations in prices and costs in the zinc oxide business were therefore linked to the LME quotation and developments which occurred after the IP were simply a manifestation of the normal functioning of the market and it could not be said that there had been any change of a structural nature in the market which made it manifestly unsuitable to base findings on data relating to the IP. The request to take events occurring after the IP into account is therefore rejected.
(43) Similarly, it should be recalled that the findings regarding injury were established on the basis of information relating to the IP. The purpose of presenting data relating to earlier years is to better understand the IP and place it in context by showing the development of trends. It is considered that the presentation of data relating to the four years preceding the IP (1996 to 1999) is sufficient for this purpose. The claim to widen the analysis period to include 1993, 1994 and 1995 is therefore rejected.
4. Conclusion on injury
(44) Given that no other arguments were received regarding the injury suffered by the Community industry, the conclusion that it has suffered material injury within the meaning of Article 3 of the basic Regulation, as detailed in recitals 72 to 89 of the provisional Regulation, is hereby confirmed.
G. CAUSATION
1. General comments on the Commission's conclusions regarding causality
(45) One interested party argued that the alleged injury suffered by the Community industry was the result of factors other than the imports concerned although these other factors were not specified. It was claimed that the Community industry had managed to maintain its production levels and raise its prices during the analysis period in spite of the dumped imports. Another interested party argued that the provisional Regulation failed to take proper account of the depreciation of the euro against the US dollar in the second half of the analysis period and that this factor, rather than the imports from the PRC, was responsible for the injury suffered by the Community industry.
(46) In view of the fact that the first interested party gave no other factors which it considered could be responsible for the injury suffered by the Community industry, this claim adds nothing new to the investigation and should therefore be rejected.
(47) With regard to the issue of the depreciation of the euro against the dollar raised by the other interested party, it was accepted in recital 61 of the provisional Regulation that this may have magnified the increase in the cost of zinc as a raw material. This could have had an adverse effect on the financial performance of certain Community producers as the LME quotation is made in dollars whereas the majority of their sales are made in euro. However, it is to be recalled that, at this same time, the Community industry was, to a certain degree, able to increase its selling prices to reflect the increase in its cost of production. The fact that this increase did not fully reflect the increase in the cost of zinc as quoted on the LME shows the price suppressing effect of the dumped imports on the selling prices of the Community industry during the IP. Indeed, in the IP, the volume of imports from the PRC reached record levels and obtained a market share of 18,4 % as their prices significantly undercut those of the Community industry. It is also noted that imports from other third countries decreased during the analysis period and had a market share of 7,3 % in the IP. It is not unreasonable to conclude that without the dumped imports, the Community industry could have fully, or almost fully, passed on the increased costs. The claim that the dumped imports were not responsible for the injury suffered by the Community industry is therefore rejected.
(48) In view of the above considerations and given that no other valid arguments were received regarding the possible cause of the injury suffered by the Community industry, it is hereby confirmed that the dumped imports of zinc oxide originating in the PRC caused injury to the Community industry.
H. COMMUNITY INTEREST
(49) Following the publication of the provisional Regulation, the Commission received a large number of letters with identical texts from users of zinc oxide in the Spanish ceramic tile industry, principally the manufactures of frits, enamels and glazes and the producers of ceramic tiles. Many of these companies had not previously made themselves known to the Commission or cooperated in the investigation although it is to be recalled that their respective trade associations had made representations.
(50) These users raised a number of points concerning the definition of the product concerned, the choice of the analogue country and the financial performance of the Community industry, which have already been addressed above.
(51) Their comments on the Community interest aspects of the investigation can be summarised into two main areas. The first area concerns the loss of competitiveness that an increase in the cost of zinc oxide would have on their financial performance and the consequences for continued investment in manufacturing frits and ceramic tiles in the Community. The second area concerns the manner in which the Commission took account of the balance of interests of the various interested parties when making its assessment of the overall Community interest. They argued that the Commission had unfairly focussed on the relatively small number of job losses in the Community industry during the analysis period and had failed to reflect the thousands of jobs that had been created in the ceramic industry during the same period. However, no evidence was submitted in support of the aforementioned allegations.
(52) The representations received from these interested parties, both after the publication of the provisional Regulation and following disclosure of the essential facts and considerations on which it was proposed to impose definitive anti-dumping duties, did not add any new elements or evidence that had not already been taken into account. Consequently, the conclusion that there are no compelling reasons not to impose measures, as set out in recital 151 of the provisional Regulation, is hereby confirmed.
I. ANTI-DUMPING MEASURES
1. Injury elimination level
(53) A number of interested parties claimed that the Commission did not make a fair price comparison between the zinc oxide originating in the PRC and that produced by the Community industry since most of the Chinese oxide was produced with the American process and was of a low quality.
(54) This argument is not correct. Indeed, a comparison of sales prices on the Community market during the IP was made between prices of the Community industry and those of the cooperating exporting producers on the basis of comparable grades and level of trade (prices to independent dealers/importers). Such a fair comparison was made both for the purposes of establishing the injury margin and for the undercutting calculation.
(55) These comparisons, between the zinc oxide produced by the Community industry and that exported to the Community by the Chinese exporting producers, were made on the basis of the same range of zinc oxide (i.e. a zinc oxide produced by the direct process with a zinc oxide content between 95 % and 99,8 %).
(56) In the absence of any other claim, the methodology for calculating the injury margins as set out in recitals 154 and 155 of the provisional Regulation is hereby confirmed.
(57) As regards the determination of the non-injurious price, it was found that certain products of one Community producer were wrongly classified, in the cost-of-production table, in a high quality grade and these were appropriately reclassified. This had the effect of slightly lowering the non-injurious price and margins previously found.
2. Form and level of the duties
(58) Three of the four cooperating exporting producers in China exported their manufactured products either directly or via their respective related trading companies. However, the investigation revealed that the related trading companies also exported zinc oxide which they had purchased from producers which did not cooperate in the investigation. Only the zinc oxide products manufactured by the producing companies can benefit from the specific dumping margin calculated for each producer concerned. The fourth producer sold part of its production to another producer involved in the proceeding. Furthermore given the substantial level of non-cooperation (35 %) and the fact that the non-cooperating producers also exported via the same related traders, it is exceptionally considered that special provisions are needed in this case to ensure the proper application of the anti-dumping duty.
(59) These special provisions include the presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to the Regulation. Only imports accompanied by such an invoice shall be declared under the applicable Taric additional codes of the producer in question. Imports not accompanied by such an invoice shall be made subject to the residual anti-dumping duty applicable to all other exporters. The companies concerned have also been invited to submit regular reports to the Commission in order to ensure a proper follow up of their sales of zinc oxide to the Community. In cases where reports are not submitted, or where the reports disclose that the measures are not adequate to eliminate the effects of injurious dumping, it may be necessary to initiate an interim review in accordance with Article 11(3) of the basic Regulation.
(60) The corrections made to the dumping and injury margins had no effect on the application of the lesser duty rule and therefore the methodology used for establishing the anti-dumping duty rates as described in recitals 156 to 159 of the provisional Regulation is hereby confirmed.
3. Definitive collection of provisional duties and other provisions
(61) In view of the magnitude of the dumping found for the exporting producers, and in the light of the seriousness of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of provisional anti-dumping duties shall be collected at the rate of the duty definitively imposed. As the definitive duties are lower than the provisional duties, the amounts secured in excess of that level should be released.
(62) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with e.g. that name change or that change in the production and sales entities. The Commission, if appropriate, will, after consultation of the Advisory Committee, amend the Regulation accordingly by updating the list of companies benefiting from individual duty rates,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of zinc oxide (chemical formula: ZnO) with a purity of not less than 93 % zinc oxide, falling within CN code ex 2817 00 00 (TARIC code 2817 00 00 11 ) and originating in the People's Republic of China.
2. The rate of definitive anti-dumping duty applicable, before duty, to the net, free-at-Community frontier price of the products manufactured by the following companies, shall be as follows, provided that they are imported in conformity with paragraph 3:
TABLE
3. The application of the individual duty rates specified for the four companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex. If no such invoice is presented, the duty rate applicable to all other companies shall apply.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumping duty imposed pursuant to Regulation (EC) No 1827/2001 shall be definitively collected at the rate of the duties definitively imposed. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.
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, 28 February 2002.
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COUNCIL REGULATION (EEC) No 2862/93 of 18 October 1993 amending Regulation (EEC) No 3915/92 opening and providing for the administration of Community tariff quotas bound in GATT for certain agricultural and industrial products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas, for newsprint, the Community has reached an agreement which provides in particular for the opening of a Community tariff quota of 650 000 tonnes, of which 600 000 tonnes are reserved, until 30 November of each year, exclusively for products from Canada, in accordance with Article XIII of the General Agreement on Tariffs and Trade; whereas this agreement provides equally for the obligation to increase, by 5 %, that part of the quota reserved for imports from Canada, in the event that that part is used up before the end of a given period of one year; whereas the quota of 650 000 tonnes was opened for 1993 by Regulation (EEC) No 3915/92 (1);
Whereas the economic data at present available give rise to the belief that the requirements for importing newsprint from Canada could reach a level higher than the said volume of 600 000 tonnes; whereas the volume of that part of quota reserved for these imports should be increased, therefore, by 30 000 tonnes,
HAS ADOPTED THIS REGULATION:
Article 1
In the table which appears in Article 1 (1) of Regulation (EEC) No 3915/92, the quota volume of 600 000 tonnes opposite order No 09.0015 shall be replaced by that of 630 000 tonnes.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 18 October 1993.
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COMMISSION REGULATION (EC) No 1635/1999
of 26 July 1999
fixing the exchange rate applicable to certain direct aids
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),
(1) Whereas the operative event for the exchange rate applicable to aid for arable crops and grain legumes is to be the commencement of the marketing year in respect of which the aid is granted, as defined in Article 4(1) of Commission Regulation (EC) No 2808/98 of 22 December 1998 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture(2), as last amended by Regulation (EC) No 1410/1999(3);
(2) Whereas that exchange rate is defined in Article 4(3) of Regulation (EC) No 2808/98 as the average of the exchange rates applicable during the month preceding the date of the operative event, calculated pro rata temporis; whereas that date is 1 July 1999;
(3) Whereas the exchange rate to be applied to aid for hops as provided for in Article 12 of Council Regulation (EEC) No 1696/71(4), as last amended by Regulation (EC) No 1257/1999(5), is also defined in the above manner by Article 1 of Commission Regulation (EEC) No 1793/93 of 30 June 1993 regarding the operative event for the agricultural conversion rates used in the hops sector(6), as last amended by Regulation (EC) No 1410/1999;
(4) Whereas Article 2 of Regulation (EC) No 1410/1999 stipulates that the exchange rate to be applied is to be fixed by the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
The exchange rate to be applied to:
- the aids referred to in Article 4(1) of Regulation (EC) No 2808/98 having an operative event on 1 July 1999, and
- the aid for hops provided for in Article 12 of Regulation (EEC) No 1696/71,
shall be that indicated in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 1999.
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Commission Regulation (EC) No 2412/2001
of 10 December 2001
re-establishing the preferential customs duty on imports of multiflorous (spray) carnations originating in Israel
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan and Morocco and the West Bank and the Gaza Strip(1), as last amended by Regulation (EC) No 1300/97(2), and in particular Article 5(2)(b) thereof,
Whereas:
(1) Regulation (EEC) No 4088/87 fixes conditions for the application of a preferential customs duty on large-flowered roses, small-flowered roses, uniflorous (bloom) carnations and multiflorous (spray) carnations within the limit of tariff quotas opened annually for imports of fresh cut flowers into the Community.
(2) Council Regulation (EC) No 747/2001(3) opens and provides for the administration of Community tariff quotas for certain products originating in Cyprus, Egypt, Israel, Malta, Morocco, the West Bank and the Gaza Strip, Tunisia and Turkey, and providing detailed rules for extending and adapting these tariff quotas.
(3) Commission Regulation (EC) No 2410/2001(4) fixed Community producer and import prices for carnations and roses for application of the arrangements for importation from the countries in question.
(4) Commission Regulation (EEC) No 700/88(5), as last amended by Regulation (EC) No 2062/97(6), laid down detailed rules for the application of these arrangements.
(5) The preferential customs duty fixed for multiflorous (spray) carnations originating in Israel by Regulation (EC) No 747/2001 was suspended by Commission Regulation (EC) No 753/2001(7).
(6) On the basis of price recordings made as specified in Regulations (EEC) No 4088/87 and (EEC) No 700/88 it must be concluded that the requirement for reintroduction of the preferential customs duty laid down in Article 2(4) of Regulation (EEC) No 4088/87 is met for multiflorous (spray) carnations originating in Israel. The preferential customs duty should be reintroduced.
(7) In between meetings of the Management Committee for Live Plants and Floriculture Products, the Commission must adopt such measures,
HAS ADOPTED THIS REGULATION:
Article 1
1. For imports of multiflorous (spray) carnations (CN code ex 0603 10 20 ) originating in Israel the preferential customs duty set by Regulation (EC) No 747/2001 is reintroduced.
2. Regulation (EC) No 753/2001 is hereby repealed.
Article 2
This Regulation shall enter into force on 12 December 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 December 2001.
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COMMISSION REGULATION (EC) No 812/2006
of 31 May 2006
fixing the production refund on white sugar used in the chemical industry for the period from 1 to 30 June 2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the fifth indent of Article 7(5) thereof,
Whereas:
(1)
Pursuant to Article 7(3) of Regulation (EC) No 1260/2001, production refunds may be granted on the products listed in Article 1(1)(a) and (f) of that Regulation, on syrups listed in Article 1(1)(d) thereof and on chemically pure fructose covered by CN code 1702 50 00 as an intermediate product, that are in one of the situations referred to in Article 23(2) of the Treaty and are used in the manufacture of certain products of the chemical industry.
(2)
Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (2) provides that these refunds shall be determined according to the refund fixed for white sugar.
(3)
Article 9 of Regulation (EC) No 1265/2001 provides that the production refund on white sugar is to be fixed at monthly intervals commencing on the first day of each month.
(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
The production refund on white sugar referred to in Article 4 of Regulation (EC) No 1265/2001 shall be equal to 21,564 EUR/100 kg net for the period from 1 to 30 June 2006.
Article 2
This Regulation shall enter into force on 1 June 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 May 2006.
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COMMISSION DECISION
of 25 May 2005
establishing the classes of external fire performance of roofs and roof coverings for certain construction products as provided for by Council Directive 89/106/EEC
(notified under document number C(2005) 1501)
(Text with EEA relevance)
(2005/403/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (1), and in particular Article 20(2) thereof,
Whereas:
(1)
Directive 89/106/EEC envisages that in order to take account of the different levels of protection for construction works at national, regional or local level, it may be necessary to establish in interpretative documents classes corresponding to the performance of products in respect of each essential requirement. Those documents have been published as the ‘Communication of the Commission with regard to the interpretative documents of Council Directive 89/106/EEC’ (2).
(2)
With respect to the essential requirement of safety in the event of fire, interpretative document No 2 lists a number of interrelated measures which together define the fire safety strategy to be developed in different ways in the Member States.
(3)
Interpretative document No 2 identifies the requirements for construction products for roofs exposed to an external fire.
(4)
By way of a harmonised solution, a system of classes was adopted in Commission Decision 2001/671/EC of 21 August 2001 implementing Council Directive 89/106/EEC as regards the classification of external fire performance of roofs and roof coverings (3).
(5)
In the case of certain plastisol coated steel roof sheets, it is necessary to use the classification established in Decision 2001/671/EC.
(6)
The external fire performance of many construction products and/or materials, within the classification provided for in Decision 2001/671/EC, is well established and sufficiently well known to fire regulators in Member States with the consequence that they do not require testing for this particular performance characteristic.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Construction,
HAS ADOPTED THIS DECISION:
Article 1
The construction products and/or materials which satisfy all the requirements of the performance characteristic ‘external fire performance’ without need for further testing are set out in the Annex.
Article 2
The specific classes to be applied to different construction products and/or materials, within the external fire performance classification adopted in Decision 2001/671/EC, are set out in the Annex to this Decision.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 May 2005.
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COMMISSION REGULATION (EC) No 507/2008
of 6 June 2008
laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre
(Codified version)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre (1), and in particular Article 9 thereof,
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (2), and in particular Article 3 thereof,
Whereas:
(1)
Commission Regulation (EC) No 245/2001 of 5 February 2001 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Regulation should be codified.
(2)
Regulation (EC) No 1673/2000 provides inter alia for measures relating to the internal market in flax and hemp grown for fibre, comprising aid to authorised primary processors of flax and hemp straw and to farmers who have straw processed on their own account, the detailed implementing rules for which must be laid down.
(3)
The conditions governing the authorisation of primary processors and the obligations to be met by farmers who have straw processed on their own account must be laid down. The information that must be shown in sale/purchase contracts, processing commitments and processing contracts covering straw as referred to in Article 2(1) of Regulation (EC) No 1673/2000 must also be specified.
(4)
Some primary processors of flax straw mainly produce long flax fibre, together, as a sideline, with short flax fibre containing a high percentage of impurities and shives. Where they do not have suitable facilities for cleaning such secondary products, they may have the short fibre cleaned under contract by another operator. In such circumstances, the cleaning of fibre under contract should be regarded as an operation carried out by the primary processor authorised in respect of short flax fibre. The conditions to be met by the operators concerned, in particular with a view to controls, should accordingly be laid down.
(5)
To ensure the eligibility of the products concerned for aid, there must be introduced, for the marketing year concerned, a single application, as referred to in Chapter I of Title II of Part II of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (5).
(6)
With a view to ensuring sound administrative management while adapting to the special conditions applying on the markets for flax and hemp, the period during which flax and hemp straw grown for fibre can be processed and, where applicable, marketed should be determined.
(7)
Where Member States decide to grant aid on short flax fibre or hemp fibre containing more than 7,5 % impurities and shives, a method of calculation allowing the quantity produced to be expressed in terms of an equivalent quantity with a 7,5 % impurities and shives content should be laid down.
(8)
With a view to helping to ensure that the stabiliser mechanism functions properly, provision should be made to limit the quantities of fibre on which processing aid can be granted in respect of a marketing year to the quantity arrived at by multiplying the number of hectares covered by contracts or processing commitments by a unit quantity per hectare. That unit quantity is to be determined by the Member State on the basis of the national guaranteed quantities established and of the hectares cultivated.
(9)
Given the variations in the national guaranteed quantities that may result from the flexibility introduced by Article 3 of Regulation (EC) No 1673/2000, detailed rules should be laid down for establishing such national guaranteed quantities for each marketing year, taking account of any adjustments that may prove necessary with a view to apportioning the national guaranteed quantities suitably among the beneficiaries of the processing aid.
(10)
Processing aid is to be granted subject to the conclusion of a contract or commitment as referred to in Article 2 of Regulation (EC) No 1673/2000. In addition, transfers between national guaranteed quantities and the unit quantities per hectare must be fixed in good time by the Member State on the basis of the areas covered by contracts or commitments. Provision should be made for the relevant information in such contracts or commitments to be forwarded by the operators to the competent authorities of the Member State at the start of processing operations. In order to permit some flexibility in the trade concerned, the possibilities for transferring contracts among authorised primary processors should be subject to a limit.
(11)
With a view to sound management of the aid scheme, the information that must be forwarded by the operators to the competent authorities of the Member State and the notifications to be made to the Commission by the Member States must be stipulated.
(12)
In order to manage a scheme based on aid granted on the basis of the quantities of fibre produced over a period of 22 months, provision should be made for the lodging, at the start of processing operations for a given marketing year, of aid applications covering fibre to be obtained, the quantities of which are to be indicated periodically thereafter.
(13)
On account of the possible adjustments to the national guaranteed quantities and the unit quantities per hectare, the total quantities of fibre on which the aid can be granted are known only after processing is completed. Provision must accordingly be made for advances on the aid to be paid to authorised primary processors on the basis of the quantities of fibre obtained periodically. In order to ensure that amounts due where irregularities are observed are actually paid, such advance payments should be made subject to the lodging of a security. Such securities must comply with certain provisions of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (6).
(14)
Additional aid as provided for in Article 4 of Regulation (EC) No 1673/2000 is to be granted only in respect of areas the straw produced from which has qualified for aid for processing into long flax fibre. A minimum yield of long flax fibre produced per hectare covered by a contract or a commitment should accordingly be established so that the circumstances under which that condition is met can be determined.
(15)
A system of administrative and on-the-spot checks is vital for the proper conduct of the operations. The items that must be checked and the minimum number of on-the-spot checks to be carried out per marketing year must be specified.
(16)
The consequences of any irregularities observed must be laid down. They must be sufficiently severe as to discourage any unlawful use of Community aid while complying with the principle of proportionality.
(17)
In order to bring the time when the fibre is obtained sufficiently close to the operative event for the exchange rate for advance payments and processing aid, that event must take place on the last day of each period for the notification of the quantities of fibre obtained.
(18)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Natural Fibres,
HAS ADOPTED THIS REGULATION:
Article 1
Purpose and marketing year
1. The detailed rules for the application of the common organisation of the markets in flax and hemp grown for fibre, established by Regulation (EC) No 1673/2000, shall be as laid down herein.
2. The marketing year shall run from 1 July to 30 June.
Article 2
Definitions
For the purposes of this Regulation:
(a)
‘persons treated as processors’ shall mean farmers who, in accordance with Article 2(1), third subparagraph, point (b) of Regulation (EC) No 1673/2000, have concluded contracts with an authorised primary processor to have straw belonging to them processed into fibre;
(b)
‘long flax fibre’ shall mean flax fibres obtained by complete separation of the fibres and the woody parts of the stalk that are at least 50 cm long on average after scutching and are arranged in parallel strands in bundles, sheets or slivers;
(c)
‘short flax fibre’ shall mean flax fibres other than as referred to in point (b) that are obtained by at least partial separation of the fibres and the woody parts of the stalk;
(d)
‘hemp fibre’ shall mean hemp fibres obtained by at least partial separation of the fibres and the woody parts of the stalk.
Article 3
Authorisation of primary processors
1. Primary processors must submit applications for authorisation to the competent authorities including at least:
(a)
a description of the undertaking and of the full range of products obtained by processing flax and hemp straw;
(b)
a description of the processing plant and equipment, giving details of their location and technical specifications covering:
(i)
energy consumption and the maximum quantities of flax and hemp straw that can be processed per hour and per year;
(ii)
the maximum quantities of long flax fibre, short flax fibre and hemp fibre that can be obtained per hour and per year;
(iii)
the indicative quantities of flax and hemp straw required to obtain 100 kg of each product referred to in point (a);
(c)
a description of the storage facilities, giving details of their location and capacity in tonnes of flax and hemp straw and fibre.
2. Applications for authorisation shall include an undertaking applying from the date of submission to:
(a)
store separately by marketing year of harvest of the straw concerned and by Member State of harvest, flax straw, hemp straw, long flax fibre, short flax fibre and hemp fibre:
(i)
covered by all sale/purchase contracts and processing commitments combined;
(ii)
covered by each processing contract concluded with persons treated as processors;
(iii)
from all other suppliers combined and, where applicable, corresponding to batches of fibre obtained from straw referred to in point (i) but not to be covered by an aid application;
(b)
keep daily records of stocks or records by lot, linked regularly to financial accounts, and of the information specified in paragraph 5, together with supporting documents as specified by the Member State for the purpose of controls;
(c)
notify the competent authority of any changes in the information covered by paragraph 1;
(d)
undergo any checks required under the aid scheme provided for in Regulation (EC) No 1673/2000.
3. After an on-the-spot inspection to check that the information covered by paragraph 1 tallies with the facts, the competent authority shall grant primary processors authorisation covering the types of fibre meeting the conditions for eligibility for the aid which they may produce and shall allocate an authorisation number to each.
Authorisation shall be granted within two months of submission of applications.
Where there is a change in one or more items of information covered by paragraph 1, the competent authority shall confirm or adjust authorisations, where necessary after an on-the-spot check, in the month following that of notification of the change. However, any adjustment affecting the types of fibre covered by authorisations granted may take effect only from the following marketing year.
4. In connection with the authorisation of primary processors in respect of long flax fibre and simultaneously in respect of short flax fibre, the Member States may allow short flax fibre to be cleaned under the conditions laid down in this paragraph and if it considers the control arrangements to be satisfactory, so that the fibre complies with the impurity and shive limits laid down in Article 2(3)(b) of Regulation (EC) No 1673/2000.
In such cases primary processors shall state their intention to make use of the provisions of this paragraph in their applications for authorisation as provided for in paragraph 1.
A maximum of two cleaners of short flax fibre may be granted authorisation per authorised primary processor per marketing year concerned.
Before 1 February in respect of each marketing year, authorised primary processors shall present the competent authorities with a contract for the cleaning of short flax fibre, including at least:
(a)
the date of conclusion of the contract and the marketing year corresponding to the harvest of the straw from which the fibre concerned has been obtained;
(b)
the primary processor’s authorisation number and, in the case of cleaners of short flax fibre, their names, business names and addresses and the location of the plant;
(c)
a statement to the effect that the cleaner of short flax fibre undertakes to:
(i)
store cleaned and uncleaned short flax fibre separately by cleaning contract;
(ii)
keep separately by cleaning contract, daily records of the quantities of uncleaned short flax fibre entering the undertaking, the quantities of cleaned short flax fibre obtained, and the quantities of each in storage;
(iii)
keep supporting documents as specified by the Member State for the purposes of controls and undergo any checks required under this Regulation.
Cleaners’ undertakings as referred to in point (c) shall be deemed to be undertakings of primary processors under their authorisations.
5. Stock records of authorised primary processors shall specify, by day or lot and by category of straw or type of fibre stored separately:
(a)
the quantities entering the undertaking and covered by each contract or commitment as referred to in Article 5 and, where applicable, from each other supplier;
(b)
the quantities of straw processed and the quantities of fibre obtained;
(c)
the estimated losses and the quantities destroyed, with justifications;
(d)
the quantities leaving the undertaking, broken down by consignee;
(e)
the quantities in each store.
Authorised primary processors must be in possession of certificates of delivery or takeover from the supplier or consignee concerned or other equivalent document accepted by the Member State covering all consignments of straw and fibre entering or leaving the undertaking and not covered by a contract or commitment as referred to in Article 5. Authorised primary processors shall keep a record of the names or business names and addresses of all suppliers and consignees.
6. A lot shall be a determined quantity of flax or hemp straw numbered on entry into the processing plants or storage facilities referred to in paragraph 1.
A lot may relate to only one sale/purchase contract covering straw, processing commitment or processing contract as referred to in Article 5.
Article 4
Obligations of persons treated as processors
Persons treated as processors must:
(a)
be in possession of a contract with an authorised primary processor for the processing of straw into long flax fibre, short flax fibre and/or hemp fibre;
(b)
keep a register showing the following from the beginning of the marketing year in question in respect of each day concerned:
(i)
the quantities of flax and hemp straw grown for fibre obtained and delivered under each processing contract;
(ii)
the quantities of long flax fibre, short flax fibre and/or hemp fibre obtained;
(iii)
the quantities of long flax fibre, short flax fibre and/or hemp fibre sold or transferred, with the names and addresses of the consignees;
(c)
keep the supporting documents stipulated by the Member State for the purpose of controls;
(d)
agree to undergo any checks provided for under this aid scheme.
Article 5
Contracts
1. Sale/purchase contracts covering straw, processing commitments and processing contracts as referred to in Article 2(1) of Regulation (EC) No 1673/2000 shall stipulate at least:
(a)
the date of conclusion of the contract and the marketing year corresponding to the harvest concerned;
(b)
the primary processor’s authorisation number, the farmer’s identification number under the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 (7) and their names and addresses;
(c)
details identifying the agricultural parcel(s) concerned in accordance with the system for identifying agricultural parcels provided for under the integrated administration and control system;
(d)
the areas under flax grown for fibre and those under hemp grown for fibre.
2. Before 1 January of the marketing year concerned, sale/purchase or processing contracts covering straw may be transferred to an authorised primary processor other than the one who originally concluded the contract, with the signed agreement of the farmer and of the authorised primary processors transferring the contract between them.
After 1 January of the marketing year concerned, transfers of contracts as provided for in the first subparagraph may take place only under exceptional circumstances, backed up by duly justified supporting evidence and with the authorisation of the Member State.
Article 6
Information to be provided by operators
1. Before the date set by the Member State and by 20 September at the latest following the beginning of the marketing year in question, authorised primary processors and persons treated as processors shall provide the competent authorities with:
(a)
a list of all sale/purchase contracts, processing commitments and processing contracts as referred to in Article 5 for that marketing year, broken down into flax and hemp and mentioning the farmer’s identification number under the integrated administration and control system and the parcels concerned;
(b)
a declaration of the total areas under flax and the total areas under hemp covered by sale/purchase contracts, processing commitments and processing contracts.
However, the Member State may require a copy of all documents concerned instead of the list referred to in point (a) of the first subparagraph.
Where certain processing contracts or processing commitments relate to areas located in a Member State other than that in which the primary processor is authorised, the information specified in the first subparagraph relating to the areas concerned shall also be supplied by the party concerned to the Member State in which harvest takes place.
2. In respect of the first six months of the marketing year and each four-month period thereafter, authorised primary processors and persons treated as processors shall declare the following to the competent authorities by the end of the following month as regards each category of products stored separately:
(a)
the quantities of fibre produced and covered by aid applications;
(b)
the quantities of other fibres produced;
(c)
the aggregate total quantity of straw that has entered the undertaking;
(d)
the quantities in storage;
(e)
where appropriate, a list drawn up in accordance with point (a) of paragraph 1 of sale/purchase contracts covering straw and processing contracts that have been transferred in accordance with the first subparagraph of Article 5(2), giving the names of transferees and of transferors.
For each period concerned, together with their declarations as provided for in the first subparagraph, persons treated as processors shall submit supporting evidence concerning quantities of fibre placed on the market and covered by aid applications. Such supporting evidence shall be specified by the Member State and shall include at least copies of sales invoices covering flax and hemp fibre and an attestation from the authorised primary processor who has processed the straw certifying the quantities and types of fibre obtained.
After notifying the Member State, authorised primary processors and persons treated as processors may stop sending the declarations as provided for in this paragraph concerning quantities entering and leaving the undertaking and quantities processed where such operations have ceased definitively for the marketing year concerned.
3. Before 1 May following the marketing year in question, authorised primary processors shall inform the competent authorities of the main ways in which the fibre and other products obtained have been used.
Article 7
Entitlement to aid
1. Aid for processing flax and hemp straw as provided for in Article 2 of Regulation (EC) No 1673/2000 shall be payable on flax and hemp fibre only where it:
(a)
comes from straw covered by sale/purchase contracts, processing commitments or processing contracts as referred to in Article 5 covering parcels under flax or hemp grown for fibre and by the single application as referred to in Chapter I of Title II of Part II of Commission Regulation (EC) No 796/2004, submitted in respect of the year in which the marketing year begins;
(b)
is obtained before l May following the end of the marketing year in question by an authorised primary processor and, in the case of persons treated as processors, is placed on the market before that date.
2. Where the Member State decides to grant aid on short flax fibre or hemp fibre containing more than 7,5 % impurities and shives, in accordance with Article 2(3)(b) of Regulation (EC) No 1673/2000 the quantity ‘Q’ on which the aid is granted shall be calculated by applying the formula:
Q = P* [(100 - x) / (100 - 7,5)]
where ‘P’ stands for the quantity of eligible fibre obtained with not more than the authorised percentage ‘x’ of impurities and shives.
Article 8
National guaranteed quantities
1. The 5 000 tonnes of short flax fibre and hemp fibre for apportioning as national guaranteed quantities in accordance with Article 3(2)(b) of Regulation (EC) No 1673/2000 shall be allocated before 16 November for the marketing year in progress on the basis of information forwarded to the Commission by the Member States concerned before 16 October and covering:
(a)
the areas covered by sale/purchase contracts, processing commitments and processing contracts submitted in accordance with Article 6 of this Regulation;
(b)
the estimated flax and hemp straw and fibre yields.
2. In order to establish the national quantities on which processing aid may be granted in respect of a given marketing year, before 1 January of the marketing year in question the Member States shall determine the transfers of national guaranteed quantities made in accordance with Article 3(5) of Regulation (EC) No 1673/2000.
However, for the purposes of applying paragraph 4 of this Article, before 1 August following the time limit laid down in Article 7(1)(b) of this Regulation, the Member State may adjust the quantities transferred.
3. For the purposes of applying Article 2(4) of Regulation (EC) No 1673/2000, the quantity of long flax fibre, short flax fibre and hemp fibre on which processing aid may be granted in respect of a marketing year to an authorised primary processor or a person treated as a processor shall be limited to the number of hectares of parcels covered by a sale/purchase contract or a processing commitment or, as the case may be, a processing contract, multiplied by a unit quantity to be determined.
Before 1 January of the marketing year in progress the Member State shall determine the unit quantity referred to in the first subparagraph for the whole of its territory for each of the three types of fibre concerned.
4. Where the quantities of fibre on which aid is payable to certain authorised primary processors or certain persons treated as processors are below the limits applicable to them pursuant to paragraph 3, the Member State may, after receiving all declarations as provided for in Article 6(2)(a) in respect of the marketing year concerned, increase the unit quantities as referred to in paragraph 3 of this Article so as to reallocate the quantities available to the other authorised primary processors or persons treated as processors whose eligible quantities exceed the limits applicable to them.
Article 9
Aid applications
1. Authorised primary processors shall submit applications for aid for processing straw to the competent authorities in respect of long flax fibre, short flax fibre and hemp fibre to be obtained from straw from the marketing year concerned before the time limit laid down in Article 7(1)(b). Such applications shall be submitted by the date laid down in Article 6(1) at the latest.
Where the fibre is obtained partly from straw produced in a Member State other than that in which the primary processor is authorised, the aid applications shall be submitted to the competent authority in the Member State where the straw is harvested and a copy shall be forwarded to the Member State where the primary processor is authorised.
2. Persons treated as processors shall submit applications for aid for processing straw to the competent authorities in respect of long flax fibre, short flax fibre and hemp fibre to be obtained from straw from the marketing year concerned and placed on the market before the time limit laid down in Article 7(1)(b). Such applications shall be submitted by the date laid down in Article 6(1) at the latest.
3. Aid applications shall include at least:
(a)
the applicants’ names, addresses and signatures and, where applicable, the authorisation numbers of primary processors or the identification numbers under the integrated administration and control system of persons treated as processors;
(b)
a statement that the quantities of long flax fibre, short flax fibre and hemp fibre covered by the application will be covered by declarations as provided for in Article 6(2)(a).
For the purposes of granting the aid, declarations as provided for in Article 6(2)(a) shall form an integral part of aid applications.
Article 10
Advances on the aid
1. Where applications for advances are submitted with declarations of fibre obtained as provided for in Article 6(2)(a), the advances shall be paid to the authorised primary processors by the end of the month following that of submission of the declaration, provided that an aid application has been submitted in accordance with Article 9. Without prejudice to the limit laid down in Article 8(3), advances shall be equal to 80 % of the aid corresponding to the quantities of fibre declared.
2. Advances shall be paid only where no irregularity has been found to have been committed by the applicant in respect of the marketing year concerned under the controls provided for in Article 13 and where a security has been lodged.
Except as regards the relevant securities where short flax fibre is cleaned under contract, for each authorised primary processor and each type of fibre, the security shall be 35 % of the amount of the aid corresponding to the quantities of fibre resulting from the multiplication referred to in the first subparagraph of Article 8(3).
However, Member States may provide that the amount of the security be based on estimate production. In this case:
(a)
the security may not be released either in part or in full before the granting of the aid;
(b)
notwithstanding the fifth subparagraph, in relation to the total amount of advances paid the amount of the security may not be less than:
-
110 % up to 30 April of the marketing year in question,
-
75 % between 1 May of the marketing year in question and 31 August following,
-
50 % between 1 September following the marketing year in question and the date of payment of the balance of the aid.
Where short flax fibre is cleaned under contract, the relevant security shall be equal to 110 %:
-
of the amount of aid corresponding to the quantities of fibres resulting from the multiplication referred to in the first subparagraph of Article 8(3), or
-
where the Member State applies the third subparagraph of this paragraph, the total amount of advances paid for the marketing year in question.
The security shall be released in full between the first and the 10th day following that of granting of the aid in proportion to the quantities on which the Member State has granted the processing aid.
3. Article 3 and Titles II, III and VI of Regulation (EEC) No 2220/85 shall apply to securities as referred to in this Article.
Article 11
Additional aid
Additional aid as provided for in Article 4 of Regulation (EC) No 1673/2000 shall be granted to primary processors of long flax fibre who are authorised in respect of areas located in the zones listed in the Annex to that Regulation and covered by sale/purchase contracts and processing commitments submitted in accordance with Article 6(1) of this Regulation.
However, the area in respect of which additional aid is granted shall not exceed that corresponding to the quantity of long flax fibre meeting the conditions for eligibility for the processing aid and obtained in respect of the marketing year concerned, divided by a yield of 680 kg of long flax fibre per hectare.
Article 12
Payment of aid
1. Processing aid and, where appropriate, additional aid shall be granted once all the checks laid down have been performed and after the definitive quantities of fibre eligible for the aid have been determined in respect of the marketing year concerned.
2. Before 15 October following the time limit laid down in Article 7(1)(b), processing aid and, where appropriate, additional aid shall be paid by the Member State on whose territory the flax or hemp straw has been harvested.
Article 13
Controls
1. Controls shall be performed to ensure compliance with the conditions for granting the aid and shall in particular involve:
(a)
checking compliance with the conditions for authorising primary processors and fulfilment of their obligations by persons treated as processors;
(b)
comparing information on agricultural parcels referred to in sale/purchase contracts, processing commitments and processing contracts to see whether it tallies with that determined in accordance with Regulation (EC) No 1782/2003;
(c)
checking information in support of quantities covered by aid applications from authorised primary processors and persons treated as processors.
Checks of authorised primary processors carried out by the competent authorities of Member States shall cover the processing of all flax and hemp straw grown for fibre produced in the Community.
2. On-the-spot inspections conducted for the purposes of controls as provided for in paragraph 1 shall be decided by the competent authorities, in particular on the basis of a risk analysis, with a view to checking at least 75 % of authorised primary processors and 10 % of persons treated as processors per marketing year. However, in no case may the number of on-the-spot inspections conducted in any Member State be less than the total number of hectares declared as under flax and hemp in that Member State, divided by 750.
On-the-spot inspections shall also cover all cleaners of short flax fibre who have concluded contracts with authorised primary processors for the cleaning of fibre.
3. On-the-spot inspections shall in particular involve checking:
(a)
plant, stocks and fibre obtained;
(b)
stock records and financial accounts;
(c)
the energy consumed by the various means of production and documents relating to labour employed;
(d)
any commercial documents relevant to controls.
In the event of doubt as to the eligibility of fibre, and in particular as regards the impurities content of short flax fibre or hemp fibre, a representative sample shall be taken from the batches called into question and a precise determination carried out of the relevant characteristics. Where applicable and depending on the circumstances, the Member State shall determine the quantities that are not eligible among those covered by aid applications.
In cases as referred to in Article 3(3) of Regulation (EC) No 1673/2000, the Member State conducting the inspection shall send the findings immediately to the Member State that is to pay the aid.
Article 14
Penalties
1. Where checks show that undertakings entered into in authorisation applications are not fulfilled, authorisation shall be withdrawn immediately and, notwithstanding Article 3(3), primary processors whose authorisation has been withdrawn shall not be granted any further authorisation before the second marketing year beginning after the date of the check or the date on which any failure to fulfil such undertakings has been established.
2. Where a false declaration is made deliberately or as a result of serious negligence or where the primary processor has signed sale/purchase contracts covering straw or has entered into processing commitments covering a number of hectares which would normally provide a significantly higher output than can be processed in accordance with the technical specifications shown in his authorisation, the authorised primary processor or person treated as a processor shall not qualify for processing aid or, where applicable, for additional aid as provided for in Article 4 of Regulation (EC) No 1673/2000 in respect of the marketing year concerned and the following marketing year.
3. Where quantities of long flax fibre, short flax fibre or hemp fibre covered by aid applications are found to exceed those meeting the conditions for eligibility for the aid and actually obtained in respect of a period as referred to in Article 6(2), the aid that may be granted on each type of fibre shall, without prejudice to Article 8(3), be calculated on the basis of the quantities actually eligible in respect of the marketing year concerned, less twice the difference with those covered by aid applications.
4. Except in cases of force majeure, in the event of late submission of aid applications as provided for in Article 9 or of late submission or late declaration of information as provided for in Article 6, the aid applied for and which the party concerned would have been entitled to if the application had been submitted or declared by the deadline shall be reduced by 1 % per working day. Applications and information as provided for in Article 6(1) submitted more than 25 days late shall be inadmissible.
5. Where applicable, the additional aid referred to in Article 11 shall be reduced by the same percentage as that applied to the total processing aid granted in respect of the marketing year concerned.
Article 15
Notifications
1. In the second month following the end of each period as referred to in the first subparagraph of Article 6(2), the Member States shall notify the Commission of:
(a)
the total quantities of long flax fibre, short flax fibre and hemp fibre, adjusted, where applicable, in accordance with Article 7(2), for which aid applications have been submitted in the period concerned;
(b)
the quantities sold each month and the relevant prices that may be recorded on the most important markets at the production stage for the qualities of fibre of Community origin that are most representative of the market;
(c)
for each marketing year, a summary statement of the quantities of long flax fibre, short flax fibre and hemp fibre obtained from straw of Community origin in storage at the end of the period concerned.
2. By 31 January at the latest and in respect of the marketing year in progress, the Member States shall notify the Commission of:
(a)
transfers of national guaranteed quantities made in accordance with Article 3(5) of Regulation (EC) No 1673/2000 and the national guaranteed quantities resulting from such transfers;
(b)
a summary statement of areas under flax and hemp grown for fibre and covered by contracts or commitments as referred to in Article 2(1) of Regulation (EC) No 1673/2000;
(c)
the unit quantities determined in accordance with Article 8(3) of this Regulation;
(d)
estimated production of flax and hemp straw and fibre;
(e)
the number of authorised processing undertakings and their total processing capacity in terms of the various types of fibre in respect of the marketing year in progress;
(f)
where applicable, the number of contract cleaners of short flax fibre.
3. By 15 December of each year at the latest, the Member States shall send the Commission the following information relating to the next-to-last marketing year:
(a)
a summary statement of the total quantities of long flax fibre, short flax fibre and hemp fibre covered by aid applications:
(i)
which are recognised as eligible for processing aid as provided for in Article 2(1) of Regulation (EC) No 1673/2000;
(ii)
which are not recognised as eligible for processing aid, specifying the quantities not qualifying for the aid as a result of an overrun in the national guaranteed quantities determined pursuant to Article 8 of this Regulation;
(iii)
for which the securities provided for in Article 10 of this Regulation have been forfeited;
(b)
the total quantities of short flax fibre and hemp fibre that are not eligible because they contain a percentage of impurities in excess of the limit laid down in Article 2(3)(b) of Regulation (EC) No 1673/2000 and that have been obtained by authorised primary processors and persons treated as processors;
(c)
a summary statement of the number of hectares located respectively in zones I and II as defined in the Annex to Regulation (EC) No 1673/2000 and on which the additional aid provided for in Article 4 of that Regulation has been granted;
(d)
where applicable, the national guaranteed quantities and unit amounts resulting from the adjustments provided for in the second subparagraph of Article 8(2) and Article 8(4) of this Regulation;
(e)
the number of penalties as provided for in Article 14(1), (2) and (3) of this Regulation that it has been decided to apply and those that are under consideration;
(f)
where applicable, a report on the application of Article 3(4) of this Regulation and on the controls and quantities concerned.
4. Where the Member State decides pursuant to the second subparagraph of Article 2(3)(b) of Regulation (EC) No 1673/2000 to grant aid on short flax fibre or hemp fibre containing more than 7,5 % impurities and shives, it shall notify the Commission by no later than 31 January of the marketing year in progress, specifying the traditional outlets concerned.
In such cases, together with the information specified in paragraph 1(a) of this Article, the Member State shall include a breakdown of the actual, unadjusted quantities of short flax fibre and hemp fibre containing more than 7,5 % impurities and shives and covered by aid applications.
Article 16
Operative event
For each period as referred to in Article 6(2), the operative event for the exchange rate for the euro for the purposes of converting the advance and the processing aid for the quantity concerned shall be that referred to in Article 2(6) of Regulation (EC) No 1913/2006.
Article 17
Imported hemp
1. The licence referred to in the first subparagraph of Article 5(2) of Regulation (EC) No 1673/2000 shall be drawn up in accordance with the model given in Annex I hereto. The licence shall be issued only where it has been proven to the satisfaction of the importer Member State that all the conditions laid down have been fulfilled.
Without prejudice to paragraph 2 of this Article, the Member States concerned shall lay down the conditions to be fulfilled by the licence application and the issue and use of the licence. However, boxes 1, 2, 4, 14, 15, 16, 17, 18, 20, 24 and 25 of the licence form must be filled in.
Licences may be issued and used using computerised systems in accordance with detailed rules laid down by the competent authorities. The content of those licences must be identical to that of licences on paper referred to in first and second subparagraphs. In Member States where such computerised systems are not available, the importer can only use the paper form of the licence.
The system of checks referred to in the second subparagraph of Article 5(2) of Regulation (EC) No 1673/2000 shall be established by each Member State concerned.
2. For the purposes of the third indent of Article 5(2) of Regulation (EC) No 1673/2000, the Member States concerned shall establish arrangements for the authorisation of importers of hemp seed other than for sowing. Those arrangements shall include the definition of the conditions for authorisation, checks and the penalties to be applied in cases of irregularity.
In the case of imports of hemp seed as referred to in the first subparagraph, the licence referred to in paragraph 1 of this Article shall be issued only where the authorised importer undertakes that the competent authorities will be presented, within the time limits and under the conditions defined by the Member State, with documents attesting that the hemp seed covered by the licence has undergone, within a period of less than 12 months from the date on which the licence is issued, one of the following operations:
(a)
placing in a condition that excludes use for sowing;
(b)
mixing with seed other than hemp seed for the purposes of animal nutrition, with hemp seed accounting for a maximum of 15 % of the total mixture and, in exceptional cases, a maximum of 25 % at the request of the authorised importer accompanied by justification,
(c)
re-export to a third country.
However, if part of the hemp seed covered by the licence has not undergone one of the operations referred to in the second subparagraph within the time limit of 12 months, the Member State may, at the request of the authorised importer accompanied by justification, extend that time limit by one or two periods of six months.
The attestations referred to in the second subparagraph shall be drawn up by the operators who have carried out the operations and shall comprise at least the following information:
(a)
the name, full address, Member State and signature of the operator;
(b)
a description of the operation carried out meeting the conditions laid down in the second subparagraph and the date on which it was carried out;
(c)
the quantity in kilograms of hemp seed to which the operation related.
3. On the basis of a risk analysis, each Member State concerned shall carry out checks on the accuracy of the attestations relating to the operations referred to in the second subparagraph of paragraph 2 carried out on their territory.
Where appropriate, the importer Member State shall send the Member State concerned copies of the attestations concerning the operations carried out on the latter’s territory and submitted by authorised importers. Where irregularities are discovered during the checks referred to in the first subparagraph, the Member State concerned shall inform the competent authority of the importer Member State.
4. Member States shall notify the Commission of the provisions adopted for the application of paragraphs 1 and 2.
No later than 31 January each year the Member States shall notify the Commission of the penalties imposed or steps taken as a result of irregularities discovered during the preceding marketing year.
The Member States shall send the Commission, which shall forward them to the other Member States, the names and addresses of the authorities responsible for issuing licences and for the checks referred to in this Article.
Article 18
Regulation (EC) No 245/2001 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 19
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 June 2008.
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Commission Decision
of 4 March 2004
approving tests for the detection of antibodies against bovine brucellosis within the framework of Council Directive 64/432/EEC
(notified under document number C(2004) 654)
(Text with EEA relevance)
(2004/226/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on health problems affecting intra-Community trade in bovine animals and swine(1), and in particular Article 6(2)(b) thereof,
Whereas:
(1) Commission Decision 2000/330/EC of 18 April 2000 approving tests for the detection of antibodies against bovine brucellosis within the framework of Council Directive 64/432/EEC(2) has been substantially amended(3). In the interests of clarity and rationality the said Decision should be codified.
(2) Bovine animals intended for intra-Community trade must, with regard to bovine brucellosis, come from a holding officially free of bovine brucellosis and, in addition, be tested within 30 days of dispatch by use of either a serum-agglutination test or any other test approved by the Standing Committee on the Food Chain and Animal Health procedure following the adoption of the relevant protocols.
(3) In accordance with Article 16 of Directive 64/432/EEC, the Commission, in accordance with the procedures of Article 17 and on the basis of the opinion of the Scientific Committee on Veterinary Measures relating to Public Health, is to update and if necessary amend Annexes B, C and D (Chapter II) to adapt them to scientific developments.
(4) The Commission has received the final report of the Scientific Committee on Animal Health and Animal Welfare on the modification of the technical Annexes to Directive 64/432/EEC to take account of scientific developments regarding tuberculosis, brucellosis and enzootic bovine leucosis(4).
(5) In that report the Scientific Committee recommended the preferential use of ELISA tests, the complement fixation test and the buffered brucella antigen tests for the detection of antibodies against bovine brucellosis, carried out, inter alia, on samples of blood taken from individual bovine animals. The recommended procedures are in line with the internationally recognised standards set out by the Manual of standards for diagnostic tests and vaccines, third edition, 1996, of the Office International des Epizooties (OIE).
(6) In August 2001 the OIE published the fourth edition 2000 of the said manual, including certain modifications in the description of tests for brucellosis.
(7) It was therefore necessary to amend Annex C to Directive 64/432/EEC so as to lay down test procedures applicable for surveillance and trade purposes within the Community which reflect as much as possible the OIE standards but take also into account the advice of the Scientific Committee and of the national reference laboratories in the Member States cooperating within the framework of the European Union network of national reference laboratories for brucellosis.
(8) It appears appropriate to recognise for certification purposes the brucellosis test results produced by use of ELISA tests, the complement fixation test and the buffered brucella antigen tests, if the tests were carried out in accordance with the approved protocols on samples of blood taken from individually identified bovine animals within the 30 days prior to certification of the tested animals for intra-Community trade.
(9) Therefore, pending the update of the technical Annex D (Chapter II) in accordance with Article 16 of Directive 64/432/EEC, the ELISA tests, as specified in the report of the Scientific Committee, and the complement fixation test and the buffered brucella antigen tests, as specified in Annex C to that Directive, should be approved for brucellosis testing for certification purposes as provided for in Article 6(2)(b) and the animal health certificate in Annex F, model 1.
(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The complement fixation test, the buffered brucella antigen tests and the ELISA tests carried out in accordance with the provisions in Annex C to Directive 64/432/EEC are hereby approved for certification purposes.
Article 2
Where, for the purposes referred to in Article 6(2)(b) of Directive 64/432/EEC, a test referred to in Article 1 of this Decision is used, the test shall be specified in the column "Test" of the tables in point 3, second indent, and in point 5 of Section A in Annex F, Model 1 (health certificate) to Directive 64/432/EEC.
Article 3
Decision 2000/330/EC is repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex II.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 4 March 2004.
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COUNCIL REGULATION (EC, EURATOM) No 1067/2006
of 27 June 2006
adjusting the weightings applicable to the remuneration and pensions of officials and other servants of the European Communities
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof,
Having regard to the Staff Regulations of officials of the European Communities and to the Conditions of employment of other servants of the European Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Articles 63, 64, 65 and 82 of the Staff Regulations and Annexes VII, XI and XIII thereto, and the first paragraph of Article 20, Article 64 and Article 92 of the Conditions of employment of other servants,
Having regard to the proposal from the Commission,
Whereas:
There has been a substantial increase in the cost of living in Lithuania in the period June to December and the weightings applied to the remuneration of officials and other servants should therefore be adjusted,
HAS ADOPTED THIS REGULATION:
Article 1
With effect from 1 January 2006, the weightings applicable, under Article 64 of the Staff Regulations, to the remuneration of officials and other servants employed in the countries and places listed below shall be as follows:
-
Lithuania 80,1.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 27 June 2006.
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COMMISSION REGULATION (EEC) No 3830/92 of 28 December 1992 relative to the suppression of customs duties and fixed components to trade between the Community of Ten and Spain and to the application by Spain of the duties from the Common Customs Tariff to trade with non-member countries from 1 January 1993
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 75 (4) thereof,
Whereas the Act of Accession provides for the possibility of suppressing the customs duties and other components applicable to trade of agricultural products between Spain and the Community of Ten; that the same dispositions allow for an accelerated alignment of customs duties from Spain to the Common Customs Tariff; that the same rule is applicable under Article 78 of the Act for the reduction in Spain of the fixed components designed to ensure the protection of the processing industry;
Whereas Spain has put a request in this direction;
Whereas the completion of the single market without internal frontiers as from 1 January 1993 makes necessary the suppression of customs duties and other components to trade between the Community of Ten and Spain and the application of the same import customs duties to trade with non-member countries;
Whereas the measures provided for in this Regulation are in accordance with the opinions of all Management Committees concerned,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January 1993:
- Spain suppresses trade with the Community of Ten of products subject to common organization of the market, customs duties and fixed components intended to ensure protection of the processing industry,
- customs duties and fixed components intended to ensure protection of the processing industry applicable by the Community of Ten on imports from Spain are suppressed.
2. From 1 January 1993 Spain applies the customs duties applicable by the Community of Ten to trade with non-member countries.
Article 2
This Regulation shall enter into force from 1 January 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 December 1992.
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Commission Regulation (EC) No 888/2003
of 22 May 2003
fixing the quantities which may be transferred to another group of varieties in Germany, Spain and Portugal under the guarantee threshold for the 2003 harvest in the raw tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 546/2002(2), and in particular Article 9(4) thereof,
Whereas:
(1) Article 9 of Regulation (EEC) No 2075/92 introduced production quotas for the different groups of varieties of tobacco. The individual quotas are divided among producers on the basis of the guarantee thresholds for the 2003 harvest laid down in Annex II to Council Regulation (EC) No 546/2002 of 25 March 2002 fixing the premiums and guarantee thresholds for leaf tobacco by variety group and Member State for the 2002, 2003 and 2004 harvests and amending Regulation (EEC) No 2075/92. Pursuant to Article 9 of Regulation (EEC) No 2075/92, the Commission may authorise Member States to transfer parts of their guarantee threshold quantities between groups of varieties provided that such transfers do not give rise to additional costs for the EAGGF and do not involve any increase in Member States' overall guarantee threshold allocations.
(2) Since these conditions have been met, transfers should be authorised in the Member States which have made application to do so.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
For the 2003 harvest, before the deadline for the conclusion of cultivation contracts laid down in Article 10(1) of Commission Regulation (EC) No 2848/98(3), Member States are hereby authorised to transfer quantities from one group of varieties to another in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2003.
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COMMISSION REGULATION (EC) No 2841/95 of 8 December 1995 amending Regulation (EC) No 1372/95 laying down detailed rules for implementing the system of export licences in the poultrymeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Articles 3 (2) and 8 (12) thereof,
Whereas Commission Regulation (EC) No 1372/95 (3), as amended by Regulation (EC) No 2523/95 (4), lays down detailed rules for implementing the system of export licences in the egg sector;
Whereas, in order to guarantee exporters equal access to export licences, the submission period for applications, running from Monday to Wednesday, should be extended by one day where those days are holidays for the competent authorities of a Member State;
Whereas Regulation (EC) No 2838/95 (5) has modified the nomenclature for export refunds in the poultrymeat sector; whereas Annex I to Regulation (EC) No 1372/95 should therefore be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1372/95 is amended as follows:
1. The following subparagraph is added to Article 3 (1):
'However, where those three days are holidays for the competent authorities of a Member State, applications may be lodged on the Thursday following that period in the Member State in question.` 2. The introductory phrase of Article 7 (1) is replaced by the following:
'1. Member States shall communicate to the Commission, each Wednesday from 1 p.m., or, where the second subparagraph of Article 3 (1) applies, each Thursday from 1 p.m., by fax for the preceding period:` 3. Annex I is replaced by the Annex to this Regulation.
4. In Annex II, the words 'Wednesday . . . to Friday . . .` are deleted.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
However, Article 1 point 3 shall apply from 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 December 1995.
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COMMISSION REGULATION (EC) No 545/2008
of 16 June 2008
amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular of the Article 36,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2007/08 marketing year are fixed by Commission Regulation (EC) No 1109/2007 (3). These prices and duties have been last amended by Commission Regulation (EC) No 526/2008 (4).
(2)
The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year are hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 17 June 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 2008.
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Commission Regulation (EC) No 1098/2002
of 24 June 2002
determining the extent to which applications lodged in June 2002 for licences for certain eggs and poultrymeat products under the regime provided for by the Interim Agreements concluded by the Community with the Republic of Poland, the Republic of Hungary, the Czech Republic, Slovakia, Romania and Bulgaria can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1899/97, of 29 September 1997, setting rules of application in the poultrymeat and egg sectors for the arrangements covered by the Europe Agreements with central and east European countries provided for by Council Regulations (EC) No 1727/2000, (EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000, (EC) No 2435/2000 and (EC) No 2851/2000 and repealing Regulations (EEC) No 2699/93 and (EC) No 1559/94(1), as amended by Regulation (EC) No 1043/2001(2) and in particular Article 4(5) thereof,
Whereas:
The applications for import licences lodged for the third quarter of 2002 are, in the case of some products, for quantities less than or equal to the quantities available and can therefore be met in full, but in the case of other products the said applications are for quantities greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 July to 30 September 2002 submitted under Regulation (EC) No 1899/97 shall be met as referred to in the Annex to this Regulation.
2. Applications for import licences for the period 1 October to 31 December 2002 may be lodged pursuant to Regulation (EC) No 1899/97 for the total quantity as referred to in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 June 2002.
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COMMISSION REGULATION (EC) No 1868/2005
of 16 November 2005
amending Regulation (EC) No 1065/2005 as regards the quantity covered by the standing invitation to tender for the export of barley held by the German intervention agency
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 6 thereof,
Whereas:
(1)
Commission Regulation (EEC) No 2131/93 (2) lays down the procedure and conditions for the disposal of cereals held by intervention agencies.
(2)
Commission Regulation (EC) No 1065/2005 (3) has opened a standing invitation to tender for the export of 430 000 tonnes of barley held by the German intervention agency.
(3)
Germany has informed the Commission of its intervention agency’s intention to increase by 100 000 tonnes the quantity put out to tender for export. In view of this request, of the quantity available and of the market situation, the request made by Germany should be granted.
(4)
Regulation (EC) No 1065/2005 should therefore be amended.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2 of Regulation (EC) No 1065/2005 is replaced by the following:
‘Article 2
The invitation to tender shall cover a maximum of 530 000 tonnes of barley for export to third countries with the exception of Albania, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, the Former Yugoslav Republic of Macedonia, Liechtenstein, Mexico, Romania, Serbia and Montenegro (4), Switzerland and the United States of America.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 2005.
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Commission Decision
of 3 December 2001
amending Council Directive 90/539/EEC as regards health certificates for intra-Community trade in poultry and hatching eggs
(notified under document number C(2001) 3821)
(Text with EEA relevance)
(2001/867/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(1), as last amended by Commission Decision 2000/505/EC(2), and in particular Article 34 thereof,
Whereas:
(1) The certificates for intra-Community trade in poultry and hatching eggs laid down in Annex IV to Directive 90/539/EEC do not contain any information on the vaccination status of poultry and hatching eggs for Newcastle disease.
(2) Experience gained during outbreaks of Newcastle disease within the Community suggests that information on the vaccination applied either to the poultry itself or to the parent flock from which the day-old chicks or hatching eggs derived is of special value for epizootiological inquiries.
(3) It is necessary to ensure that information concerning the vaccination against Newcastle disease is included in the health certificates foreseen for the intra-Community trade of poultry and hatching eggs.
(4) Directive 90/539/EEC should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Annex IV to Directive 90/539/EEC is replaced by the text in the Annex to this Decision.
Article 2
This Decision shall apply for live poultry and hatching eggs certified as from 1 January 2002.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 3 December 2001.
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*****
COMMISSION REGULATION (EEC) No 686/90
of 21 March 1990
determining the maximum amount of the compensation for tuna supplied to the canning industry for the period 1 October to 12 November 1988
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (1), as amended by Regulation (EEC) No 2886/89 (2), and in particular Article 17 (6) thereof,
Having regard to Council Regulation (EEC) No 1196/76 of 17 May 1976 laying down general rules for the granting of compensation to producers of tuna for the canning industry (3), and in particular Article 7 thereof,
Whereas the rules regarding the granting of compensation were modified with effect from 13 November 1988 by Council Regulation (EEC) No 3468/88 (4); that this date divides into two periods the last quarter of the 1988 compaign, for which the conditions for the triggering of and, where applicable, granting of compensation must still be analysed;
Whereas, during the period 1 October to 12 November 1988, compensation for tuna supplied to the canning industry was administrated by the abovementioned rules in Regulations (EEC) No 3796/81 and (EEC) No 1196/76 and the maximum amount of this compensation should therefore be determined according to these rules, notwithstanding the fact that these rules have been modified since then;
Whereas compensation is to be granted, if necessary, to Community producers of tuna in respect of tuna for the canning industry; whereas this measure was to compensate Community producers for any disadvantages that may arise under the import arrangements; whereas by virtue of those arrangements a fall in the import prices for tuna could directly threaten the income level of Community producers of this product;
Whereas compensation is granted for the tuna supplied to the canning industry during the three-month period for which prices were recorded, where simultaneously the quarterly average price on the Community market and the free-at-frontier price are less than 90 % of the Community producer price and this fall in prices is caused by the level of prices on the world market in tuna and not by an abnormal increase in the quantities produced;
Whereas, under the arrangements, an analysis should be made of the situation on the Community market in order to determine the maximum amount of the compensation for the period 1 October to 12 November 1988; whereas this analysis has shown that for certain species and presentations of the product considered, during the periods concerned, both the quarterly average market price and the free-at-frontier prices referred to in Article 3 of Regulation (EEC) No 1196/76 were less than 90 % of the Community producer price in force, as fixed by Council Regulation (EEC) No 3765/87 of 14 December 1987 fixing the Community producer price for tuna intended for the canning industry for the 1988 fishing year (5);
Whereas the information available to the Commission does not suggest that the level of prices on the Community market is caused by an abnormal increase in the quantities of Community production during the period concerned;
Whereas therefore compensation should be granted to Community tuna producers, in accordance with Commission Regulation (EEC) No 2469/86 of 31 July 1986 laying down detailed rules for the granting of compensation to producers of tuna for the canning industry (6), for the period 1 October to 12 November 1988 and the maximum amount of compensation should be fixed for this period for each of the products concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
The compensation referred to in Article 17 of Regulation (EEC) No 3796/81 as in effect until 12 November 1988, shall apply for the period 1 October to 12 November of the 1988 fishing year for the products and within the limits of the maximum amounts determined as follows:
(ECU/tonne)
1.2 // // // Product // Maximum amount of compensation // // // Yellowfin tuna, whole, weighing not more than 10 kg each // 293 // //
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 March 1990.
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Council Decision
of 1 February 2003
laying down the multiannual technical guidelines for the research programme of the Research Fund for Coal and Steel
(2003/78/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Protocol annexed to the Treaty establishing the European Community on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel,
Having regard to Council Decision 2003/76/EC of 1 February 2003 establishing the measures necessary for the implementation of the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel(1), and in particular Article 4(3) thereof,
Having regard to the proposal from the Commission(2),
Having regard to the opinion of the European Parliament(3),
Whereas:
(1) The revenue from investments of the net worth of the assets of the ECSC in liquidation and, on completion of the liquidation, the Assets of the Research Fund for Coal and Steel, are being assigned to the Research Fund for Coal and Steel, which is intended exclusively to fund research projects outside the Research Framework Programme in the sectors related to the coal and steel industry.
(2) The Research Fund for Coal and Steel is to be managed by the Commission in accordance with principles similar to those governing the present ECSC coal and steel technical research programmes and on the basis of multiannual technical guidelines which should constitute an ideal extension of those ECSC programmes, providing a high concentration of research activities and ensuring that they supplement those of the Community framework programme for research and technological development.
(3) In the framework of these management activities, the Commission will be assisted by a management committee composed of representatives of Member States as well as advisory and technical groups representing a wide range of interests of industries and other stakeholders,
HAS ADOPTED THIS DECISION:
Article 1
The multiannual technical guidelines for the research programme of the Research Fund for Coal and Steel (hereinafter referred to as "technical guidelines") are set out in the Annex.
Article 2
The technical guidelines shall be reviewed or supplemented, if appropriate, every five years, first period ending on 31 December 2007. To this end, and at the latest in the first six months of the last year of each five-year period, the Commission shall reassess the operation and the effectiveness of the technical guidelines and shall propose any appropriate amendments.
If it sees fit, the Commission may carry out such reassessment and shall submit proposals for any appropriate amendments to the Council before the expiry of the five-year period.
Article 3
This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 24 July 2002.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 1 February 2003.
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COMMISSION DIRECTIVE
of 17 July 1989
adapting to technical progress Council Directives 70/157/EEC, 70/220/EEC, 72/245/EEC, 72/306/EEC, 80/1268/EEC and 80/1269/EEC relating to motor vehicles
(89/491/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (1), as last amended by Directive 87/354/EEC (2), and in particular Article 3 thereof,
Having regard to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (3), as last amended by Directive 88/436/EEC (4), and in particular Article 5 thereof,
Having regard to Council Directive 72/245/EEC of 20 June 1972 on the approximation of the laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to motor vehicles (5), and in particular Article 4 thereof,
Having regard to Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (6), and in particular Article 4 thereof,
Having regard to Council Directive 80/1268/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the fuel consumption of motor vehicles (7), and in particular Article 3 thereof,
Having regard to Council Directive 80/1269/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the engine power of motor vehicles (8), as last amended by Directive 88/195/EEC (9), and in particular Article 3 thereof,
Whereas Council Directive 88/76/EEC (10) amending Directive 70/220/EEC introduces requirements relating to the use of unleaded petrol; whereas the adaptation of existing engines to this petrol necessitates in many cases technical modifications which are relevant to the compliance with the abovementioned Directives; whereas it appears appropriate to facilitate the administrative handling of the resulting amendments of the type-approval of the vehicles concerned in the interests of rapidly increasing use of unleaded petrol; whereas it appears also necessary to render more precise the specifications of Directive 88/76/EEC preventing vehicles equipped with emission control devices which would be adversely affected by leaded petrol, to be refuelled with such petrol; whereas it appears equally appropriate to introduce the new reference fuel for diesel engines specified in this Directive into Directive 72/306/EEC relating to the smoke emissions of such engines; whereas it appears advisable to align on this occasion the technical
provisions of Directive 80/1269/EEC relating to engine power to those of the corresponding Regulation of the Economic Commission for Europe;
Whereas it is desirable to introduce the amendments contained in the present Directive as soon as possible into the national laws concerned as they are particularly needed during the transitional period where vehicles conceived for the use of leaded petrol and vehicles requiring unleaded petrol will co-exist;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of the Directives on Motor Vehicles,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The undermentioned Directives are hereby amended in accordance with the Annexes to this Directive:
- Directive 70/157/EEC is amended in accordance with Annex I,
- Directive 70/220/EEC is amended in accordance with Annex II,
- Directive 72/245/EEC is amended in accordance with Annex III,
- Directive 72/306/EEC is amended in accordance with Annex IV,
- Directive 80/1268/EEC is amended in accordance with Annex V,
- Directive 80/1269/EEC is amended in accordance with Annex VI.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1990. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 17 July 1989.
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COMMISSION DECISION
of 21 September 2007
on State aid promoting investment in the rationalisation of steep-slope winegrowing in Rhineland Palatinate
(notified under document number C(2007) 4462)
(Only the German text is authentic)
(2008/139/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 88(2) thereof,
Having called on interested parties to submit their comments pursuant to the provision(s) cited above (1),
Whereas:
I. THE PROCEDURE
(1)
By letter of 30 September 1994, received on 7 October 1994, the German authorities notified the above mentioned aid pursuant to Article 93(3) (now Article 88(3)) of the EC Treaty.
(2)
By letter No SG(95) D/4615 of 7 April 1995, the Commission opened the formal investigation procedure pursuant to Article 93(2) (now Article 88(2)) of the EC Treaty (2). Germany subsequently expressed comments by letter of 29 May 1995 and 24 June 1996. No comments from interested third parties were received by the Commission. The German authorities sent the Commission additional information by letter of 1 June 2007.
(3)
By letter of 24 June 1996, Germany informed the Commission that it was withdrawing the notified measure. In reply to a question from the Commission, Germany has also confirmed that the investment aid has not been paid.
II. CONCLUSION
(4)
Up to the date on which it received the notification from Germany, the Commission had not taken any formal decision on the notification in question. In these circumstances, it accepts the withdrawal of the notification within the meaning of Article 8(1) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (3).
(5)
The formal investigation procedure should therefore be closed pursuant to Article 8(2) of Regulation (EC) No 659/1999 as it is now superfluous,
HAS ADOPTED THIS DECISION:
Article 1
The formal investigation procedure regarding aid promoting investment in the rationalisation of steep-slope winegrowing in Rhineland Palatinate is hereby closed pursuant to Article 8(2) of Regulation (EC) No 659/1999.
Article 2
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 21 September 2007.
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*****
COMMISSION DECISION
of 24 May 1983
establishing that the apparatus described as 'Reactor - Pneumatic Transfer System, model Flexo-Rabbit' may not be imported free of Common Customs Tariff duties
(83/272/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 last amended by Regulation (EEC) No 608/82 (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 18 November 1982, Belgium has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'Reactor - Pneumatic Transfer System, model Flexo-Rabbit', ordered on 7 September 1981 and intended to be used for handling samples in which the radioactivity decays rapidly after they have ceased to be irradiated, 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 25 April 1983 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a transport 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 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 'Reactor - Pneumatic Transfer System, model Flexo-Rabbit', which is the subject of an application by Belgium of 18 November 1982, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 24 May 1983.
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Commission Regulation (EC) No 2209/2001
of 15 November 2001
fixing the maximum export refund for white sugar for the 16th 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) 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 16th 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 16th 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 41,150 EUR/100 kg.
Article 2
This Regulation shall enter into force on 16 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2001.
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Commission Regulation (EC) No 1061/2003
of 20 June 2003
fixing the A1 and B export refunds for fruit and vegetables (tomatoes, oranges, table grapes and apples)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Commission Regulation (EC) No 47/2003(2), and in particular the third subparagraph of Article 35(3),
Whereas:
(1) Commission Regulation (EC) No 1961/2001(3), as last amended by Regulation (EC) No 1176/2002(4), lays down the detailed rules of application for export refunds on fruit and vegetables.
(2) Article 35(1) of Regulation (EC) No 2200/96 provides that, to the extent necessary for economically significant exports, the products exported by the Community may be covered by export refunds, within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(3) Under Article 35(2) of Regulation (EC) No 2200/96, care must be taken to ensure that the trade flows previously brought about by the refund scheme are not disrupted. For this reason and because exports of fruit and vegetables are seasonal in nature, the quantities scheduled for each product should be fixed, based on the agricultural product nomenclature for export refunds established by Commission Regulation (EEC) No 3846/87(5), as last amended by Regulation (EC) No 118/2003(6). These quantities must be allocated taking account of the perishability of the products concerned.
(4) Article 35(4) of Regulation (EC) No 2200/96 provides that refunds must be fixed in the light of the existing situation or outlook for fruit and vegetable prices on the Community market and supplies available on the one hand, and prices on the international market on the other hand. Account must also be taken of the transport and marketing costs and of the economic aspect of the exports planned.
(5) In accordance with Article 35(5) of Regulation (EC) No 2200/96, prices on the Community market are to be established in the light of the most favourable prices from the export standpoint.
(6) The international trade situation or the special requirements of certain markets may call for the refund on a given product to vary according to its destination.
(7) Tomatoes, oranges, table grapes and apples of classes Extra, I and II of the common quality standards can currently be exported in economically significant quantities.
(8) In order to ensure the best use of available resources and in view of the structure of Community exports, it is appropriate to fix the A1 and B export refunds.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for fresh Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. For system A1, the refund rates, the refund application period and the scheduled quantities for the products concerned are fixed in the Annex hereto.
For system B, the indicative refund rates, the licence application period and the scheduled quantities for the products concerned are fixed in the Annex hereto.
2. The licences issued in respect of food aid as referred to in Article 16 of Commission Regulation (EC) No 1291/2000(7) shall not count against the eligible quantities in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 2003.
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COMMISSION REGULATION (EC) No 1023/2004
du 26 May 2004
determining the extent to which applications lodged in May 2004 for import licences for certain pigmeat sector products under the regime provided for by Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for pigmeat and certain other agricultural products can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1432/94 of 22 June 1994 laying down detailed rules for the application in the pigmeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for pigmeat and certain other agricultural products (1), and in particular Article 4(4) thereof,
Whereas:
(1)
The applications for import licences lodged for the period 1 May to 30 June 2004 are for quantities less than the quantities available and can therefore be met in full.
(2)
The quantity available for the following period should be determined.
(3)
It is appropriate to draw the attention of operators to the fact that licences may only be used for products which comply with all veterinary rules currently in force in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 May to 30 June 2004 submitted pursuant to Regulation (EC) No 1432/94 shall be met as referred to in Annex I.
2. For the period 1 July to 30 September 2004, applications may be lodged pursuant to Regulation (EC) No 1432/94 for import licences for a total quantity as referred to in Annex II.
3. Licences may only be used for products which comply with all veterinary rules currently in force in the Community.
Article 2
This Regulation shall enter into force on 27 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 May 2004.
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COMMISSION REGULATION (EC) No 833/2007
of 16 July 2007
ending the transitional period provided for in Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of the carriage of goods by road (1), and in particular Article 5(4) and (5) thereof,
Whereas:
(1)
Under Regulation (EC) No 1172/98, during a transitional period from 1 January 1999 Member States have been permitted to use simplified coding for places of loading and unloading; full regional coding has not been required for international transport within the EEA.
(2)
In accordance with Article 5(5) of Regulation (EC) No 1172/98, it is necessary to fix the date of expiry of the transitional period, now that the technical conditions exist to enable an effective system of regional coding to be used for both national and international transport in accordance with sections 1 and 2 of Annex G thereto.
(3)
It is necessary to ensure that Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (2), which entered into force in 2003, is applied.
(4)
This Regulation does not change the status or content of the variables which are declared optional in Regulation (EC) No 1172/98.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom (3),
HAS ADOPTED THIS REGULATION:
Article 1
The transitional period referred to in Article 5 of Regulation (EC) No 1172/98 shall end on 31 December 2007.
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, 16 July 2007.
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COMMISSION REGULATION (EC) No 113/2005
of 25 January 2005
determining the percentage of quantities which may be allowed in respect of import licence applications lodged in January 2005 under tariff quotas for beef and veal provided for in Regulation (EC) No 1279/98 for Bulgaria and Romania
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),
Having regard to Commission Regulation (EC) No 1279/98 of 19 June 1998, laying down rules for the application of the tariff quotas for beef and veal provided for in Council Decisions 2003/286/EC and 2003/18/EC for Bulgaria and Romania (2), and in particular Article 4(4) thereof,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
The quantities covered by import licence applications submitted in respect of the period 1 January to 30 June 2005 under the quotas referred to in Regulation (EC) No 1279/98 are accepted in full.
Article 2
This Regulation shall enter into force on 26 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 January 2005.
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COUNCIL REGULATION (EC) No 2255/96 of 19 November 1996 amending Regulation (EEC) No 1107/70 on the granting of aids for transport by rail, road and inland waterway
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),
Whereas point 1 of Article 3 of Regulation (EEC) No 1107/70 (4) provides that the Member States may grant aid designed to facilitate the development of more economic transport systems and technologies for the Community in general, and the development of combined transport;
Whereas the costs of loading and unloading form a significant part of the total cost of transport by inland waterway; whereas it is essential to the development of inland waterway transport for major investments to be made to render loading and unloading installations and equipment for interland waterway terminals more efficient and better suited to the current logistical requirements; whereas, to this end, it is important that aid granted by the Member States or through State resources can be made available to the undertakings concerned;
Whereas harmonized conditions should be laid down for the granting of this aid for the development of inland waterway transport and whereas the impact of the aid must be assessed at regular intervals;
Whereas this aid must be granted for a sufficiently long period for the said investment to have the time to win over the market and bring new traffic to inland waterways and whereas the Council should decide on subsequent arrangements,
HAS ADOPTED THIS REGULATION:
Sole Article
The following shall be added to point 1 of Article 3 of Regulation (EEC) No 1107/70:
'(f) up to 31 December 1999, where aid is granted on a temporary basis and is designed to facilitate the development of inland waterway transport, such aid having to be either:
- investments in the infrastructure of inland waterway terminals; or
- investments in the fixed and mobile equipment needed for loading and unloading.
The aid granted may not exceed 50 % of the total amount of investment.
The purpose of the aid shall be to develop new or additional transport tonnage on the inland waterway. The beneficiaries must comply with the detailed arrangements laid down by the Member State concerned and shall be responsible for the actual carrying out of the investment.
Every two years the Commission shall submit to the European Parliament and the Council a progress report on the implementation of the measures, stating in particular the purpose of the aid, the amount and its impact on inland waterway transport. The Member States shall provide the Commission with the information needed to draw up this report.
No later than 31 July 1999 the Council shall decide, on a proposal from the Commission and under the conditions set out in the Treaty, on subsequent arrangements or, where appropriate, on the conditions for terminating the arrangements.`
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 1996.
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COMMISSION REGULATION (EC) No 1372/95 of 16 June 1995 laying down detailed rules for implementing the system of export licences in the poultrymeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Articles 3 (2), 8 (12) and 15 thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agricultural sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations, and in particular Article 3 (1) thereof,
Whereas Regulation (EEC) No 2777/75 provides that from 1 July 1995 all exports for which export refunds are requested, with the exception of exports of day-old chicks, shall be subject to the presentation of an export licence with advance fixing of the refund; whereas therefore specific implementing rules should be laid down for the poultrymeat sector which should, in particular, include provisions for the submission of the applications and the information which must appear on the applications and licences, in addition to those contained in Commission Regulation (EEC) No 3719/88 of of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing licences for agricultural products (3), as last amended by Regulation (EC) No 1199/95 (4);
Whereas, in order to assure proper administration of the system, the rate of the security for export licences under the said system should be fixed; whereas in view of the risk of speculation inherent in the system in the poultrymeat sector, export licences should not be transferable and precise conditions governing access by traders to the said system should be laid down; whereas it is necessary for particular conditions of access in the case of export licences for certain traditional markets in order to limit speculative applications which could put at risk the production which is specifically destined for those markets for a transitional period;
Whereas Article 8 (11) of Regulation (EEC) No 2777/75 provides that compliance with the obligations arising from agreements concluded during the Uruguay Round of multilateral trade negotiations regarding the export volume shall be ensured on the basis of the export licences; whereas therefore a detailed schedule for the lodging of applications and for the issuing of licences should be laid down;
Whereas, in addition, the decision regarding applications for export licences should be communicated only after a period of consideration; whereas this period would allow the Commission to appreciate the quantities applied for as well as the expenditure involved and, if appropriate, to take specific measures applicable in particular to the applications which are pending; whereas it is in the interest of traders to allow the licence application to be withdrawn after the acceptance coefficient has been fixed;
Whereas, in the case of applications concerning quantities equal to or less than 25 tonnes, the export licence should be issued immediately if the trader requests it; whereas these licences, however, should benefit from refunds only in accordance with the measures which the Commission might possibly have taken for the period in question;
Whereas in order to ensure an exact follow up of the quantities to be exported, a derogation from the rules regarding the tolerances laid down in Regulation (EEC) No 3719/88 should be laid down;
Whereas the Commission must dispose of precise information concerning applications for licences and of the use of licences issued, in order to be able to manage this system; whereas, in the interests of efficient administration, the notifications from Member States to the Commission should be made according to a uniform model;
Whereas to avoid any interruption of exports at the time of entry into force of the Agreement on Agriculture of the Uruguay Round, authorization should be given for export licences to be applied for and issued before the date of the entry into force of this Agreement, but for use after that date;
Whereas Article 8 (6) of Regulation (EEC) No 2777/75 provides that for day-old chicks export refunds may be granted on the basis of an 'ex-post` export licence; whereas therefore implementing rules for such a system should be laid down with the aim of ensuring efficient verification that the obligations arising from the agreements concluded in the framework of the Uruguay Round negotiations are complied with; whereas, however, it would appear unnecessary to require the lodging of a security in the case of licences applied for after exportation;
Whereas the provisions of Commission Regulation (EEC) No 572/73 of 26 February 1973 establishing egg and poultrymeat products eligible for the advance fixing of export refunds (1), as last amended by Regulation (EC) No 3501/93 (2), and of Commission Regulation (EEC) No 3652/81 of 18 December 1981 laying down detailed rules for implementing the system of advance fixing certificates for refunds in the poultrymeat and eggs sector (3), as last amended by Regulation (EC) No 1030/95 (4), are replaced by the provisions of this Regulation and of Commission Regulation (EEC) No 1371/95 (5) laying down detailed rules for implementing the system of export licences in the egg sector; whereas the abovementioned Regulations should therefore be repealed as from the date of entry into force of the Agreement on Agriculture of the Uruguay Round;
Whereas the Management Committee for Poultrymeat and Eggs has not delivered an opinion within the time limit set by the chairman,
HAS ADOPTED THIS REGULATION:
Article 1
As from 1 July 1995, all exports of products in the poultrymeat sector for which an export refund is requested, with the exception of chicks falling within CN codes 0105 11 and 0105 19, shall be subject to the presentation of an export licence with advance fixing of the refund, in accordance with the provisions of Articles 2 to 8.
Article 2
1. Export licences shall be valid from the date of issue, within the meaning of Article 21 (1) of Regulation (EEC) No 3719/88, until the end of the second month following that date.
2. Applications for licences and licences shall bear, in section 15, the description of the product and, in section 16, the 11-digit product code of the agricultural product nomenclature for export refunds.
3. The categories of products referred to in the second subparagraph of Article 13a of Regulation (EEC) No 3719/88, as well as the rate of the security for export licences, are set out in Annex I.
4. Applications for licences and licences shall bear, in section 20, at least one of the following:
- Reglamento (CE) n° 1372/95,
- Forordning (EF) nr. 1372/95,
- Verordnung (EG) Nr. 1372/95,
- Êáíïíéóìueò (AAÊ) áñéè. 1372/95,
- Regulation (EC) No 1372/95,
- Règlement (CE) n° 1372/95,
- Regolamento (CE) n. 1372/95,
- Verordening (EG) nr. 1372/95,
- Regulamento (CE) nº 1372/95,
- Asetus (EY) N :o 1372/95,
- Foerordning (EG) nr 1372/95.
Article 3
1. Applications for export licences must be lodged with the competent authorities form Monday and Wednesday of each week.
2. Applicants for export licences must be natural or legal persons who, at the time applications are submitted, are able to prove to the satisfaction of the competent authorities in the Member States that they have been engaged in trade in the poultrymeat sector for at least 12 months. However, retail establishments or restaurants selling their products to end consumers may not lodge applications.
As regards exports to countries referred to in Annex IV, until 30 June 1996 export licences may be applied for only by natural or legal persons who are able to prove to the satisfaction of the competent authorities in the Member States that they have exported not less than 1 000 tonnes of products falling within CN codes 0207, 1602 20, 1602 31 and 1602 39 in each of the two calendar years preceding the year in which the licence application was lodged.
3. Export licences are issued on the Monday following the period referred to in paragraph 1, provided that none of the particular measures referred to in paragraph 4 have since been taken by the Commission.
4. Where applications for export licences concern quantities and/or expenditure which exceed the normal trade patterns or where there is a risk that they will be exceeded, taking account of the limits referred to in Article 8 (11) of Regulation (EC) No 2777/75 and/or the corresponding expenditure during the period in question, the Commission may:
- set a single percentage by which the quantities applied for are accepted,
- refuse the applications for which export licences have not yet been awarded,
- suspend the lodging of applications for export licences for a maximum of five working days. A suspension for a longer period may be decided in accordance with the procedure provided for in Article 17 of Regulation (EEC) No 2777/75. In these cases, applications for export licences lodged during the suspension period shall be inadmissible.
These measures may be adjusted according to the category of product.
5. Where quantities applied for are rejected or reduced, the security shall be released immediately for all quantities for which an application was not satisfied.
6. Notwithstanding paragraph 3, where a single percentage of acceptance less than 80 per cent is set, the licence shall be issued at the latest by the 11th working day following publication of that percentage in the Official Journal of the European Communities. During the 10 working days following its publication, the operator may:
- either withdraw his application, in which case the security is released immediately,
- or request immediate issuing of the licence, in which case the competent authority shall issue it without delay but no sooner than the Monday following the lodging of the licence application.
Article 4
1. Where the applications referred to in Article 3 (1) relate to 25 tonnes or less, and if the operator requests it at the same time, the competent authority shall immediately issue the licence applied for by indicating in section 22 at least one of the following:
- Certificado de exportación sin perjuicio de medidas especiales de conformidad con el apartado 4 del artículo 3 del Reglamento (CE) n° 1372/95,
- Eksportlicens udstedt med forbehold af saerforanstaltninger i henhold til artikel 3, stk. 4, i forordning (EF) nr. 1372/95,
- Ausfuhrlizenz, erteilt unter Vorbehalt der besonderen Massnahmen gemaess Artikel 3 Absatz 4 der Verordnung (EG) Nr. 1372/95,
- Ðéóôïðïéçôéêue aaîáãùãÞò ðïõ aaêaessaeaaôáé ìaa ôçí aaðéoeýëáîç ôùí aaéaeéêþí ìÝôñùí óýìoeùíá ìaa ôï UEñèñï 3 ðáñUEãñáoeïò 4 ôïõ êáíïíéóìïý (AAÊ) áñéè. 1372/95,
- Export licence issued subject to any particular measures taken under Article 3 (4) of Regulation (EC) No 1372/95,
- Certificat d'exportation délivré sous réserve de mesures particulières conformément à l'article 3 paragraphe 4 du règlement (CE) n° 1372/95,
- Titolo d'esportazione rilasciato sotto riserva d'adozione di misure specifiche a norma dell'articolo 3, paragrafo 4 del regolamento (CE) n. 1372/95,
- Uitvoercertificaat afgegeven onder voorbehoud van bijzondere maatregelen zoals bedoeld in artikel 3, lid 4, van Verordening (EG) nr. 1372/95,
- Certificado de exportação emitido sem prejuízo de medidas especiais em conformidade com o nº 4 do artigo 3º do Regulamento (CE) nº 1372/95,
- Vientitodistus myoennetty, jollei asetuksen (EY) N :o 1372/95 3 artiklan 4 kohdan mukaisista erityistoimenpiteistae muuta johdu,
- Exportlicens utfaerdad med foerbehaall foer saerskilda aatgaerder med stoed av artikel 3.4 i foerordning (EG) nr 1372/95.
2. From the Monday following the week during which the applications referred to in Article 3 (1) were lodged, the competent authority, upon the request of the operator concerned, shall, in the light of the particular measures taken under Article 3 (4) for the week in question, amend the licence issued. To this end, it shall cancel the indication referred to in paragraph 1 and shall indicate in section 22 at least one of the following:
(a) if particular measures have not been taken or if a single percentage of acceptance has been set:
- Certificado de exportación con fijación anticipada de la restitución por una cantidad de [ . . . ] toneladas de los productos que se indican en las casillas 17 y 18,
- Eksportlicens med forudfastsaettelse af eksportrestitution for en maengde paa [ . . . ] tons af de i rubrik 17 og 18 anfoerte produkter,
- Ausfuhrlizenz mit Vorausfestsetzung der Erstattung fuer eine Menge von [ . . . ] Tonnen der in Feld 17 und 18 genannten Erzeugnisse,
- Ðéóôïðïéçôéêue aaîáãùãÞò ðïõ ðaañéëáìâUEíaaé ôïí ðñïêáèïñéóìue ôçò aaðéóôñïoeÞò ãéá ìssá ðïóueôçôá [ . . . ] ôueíùí ðñïúueíôùí ðïõ aaìoeássíïíôáé óôá ôaaôñáãùíssaeéá 17 êáé 18,
- Export licence with advance fixing of the refund for a quantity of [ . . . ] tonnes of the products shown in sections 17 and 18,
- Certificat d'exportation comportant fixation à l'avance de la restitution pour une quantité de [ . . . ] tonnes de produits figurant aux cases 17 et 18,
- Titolo d'esportazione recante fissazione anticipata della restituzione per un quantitativo di [ . . . ] t di prodotti indicati nelle caselle 17 e 18,
- Uitvoercertificaat met vaststelling vooraf van de restitutie voor [ . . . ] ton produkt vermeld in de vakken 17 en 18,
- Certificado de exportação com prefixação da restituição para uma quantidade de [ . . . ] toneladas de produtos constantes das casas 17 e 18,
- Vientitodistus, johon sisaeltyy tuen ennakkovahvistus [ . . . ] tonnille kohdassa 17 ja 18 mainittuja tuotteita,
- Exportlicens med foerutfaststaellelse av exportbidrag foer en kvantitet av [ . . . ] ton av de produkter som naemns i faelt 17 och 18.
(b) if the applications for licences have been rejected:
- Certificado de exportación sin derecho a restitución,
- Eksportlicens, der ikke giver ret til eksportrestitution,
- Ausfuhrlizenz ohne Anspruch auf Erstattung,
- Ðéóôïðïéçôéêue aaîáãùãÞò ÷ùñssò aeéêássùìá ãéá ïðïéáaeÞðïôaa aaðéóôñïoeÞ,
- Export licence without entitlement to any refund,
- Certificat d'exportation ne donnant droit à aucune restitution,
- Titolo d'esportazione che non dà diritto ad alcuna restituzione,
- Uitvoercertificaat dat geen recht op een restitutie geeft,
- Certificado de exportação que não dá direito a qualquer restituição,
- Vientitodistus ei oikeuta tukeen,
- Exportlicens som inte ger raett till exportbidrag.
3. Exports which are effected on the basis of licences issued under this Article shall benefit from a refund only in accordance with the indication inserted under point (a) of paragaph 2.
Article 5
Export licences shall not be transferable.
Article 6
The quantity exported within the tolerance referred to in Article 8 (4) of Regulation (EEC) No 3719/88 shall not give entitlement to payment of the refund.
In section 22 of the licence, at least one of the following shall be indicated:
- Restitución válida por [ . . . ] toneladas (cantidad por la que se expida el certificado),
- Restitutionen omfatter [ . . . ] t (den maengde, licensen vedroerer),
- Erstattung gueltig fuer [ . . . ] Tonnen (Menge, fuer welche die Lizenz ausgestellt wurde),
- AAðéóôñïoeÞ éó÷ýïõóá ãéá [ . . . ] ôueíïõò (ðïóueôçôá ãéá ôçí ïðïssá Ý÷aaé Ýêaeïèaass ôï ðéóôïðïéçôéêue),
- Refund valid for [ . . . ] tonnes (quantity for which the licence is issued),
- Restitution valable pour [ . . . ] tonnes (quantité pour laquelle le certificat est délivré),
- Restituzione valida per [ . . . ] t (quantitativo per il quale il titolo è rilasciato),
- Restitutie geldig voor [ . . . ] ton (hoeveelheid waarvoor het certificaat wordt afgegeven),
- Restituição válida para [ . . . ] toneladas (quantidade relativamente à qual é emitido o certificado),
- Tuki on voimassa [ . . . ] tonnille (maeaerae, jolle todistus on myoennetty),
- Ger raett till exportbidrag foer [ . . . ] ton (den kvantitet foer vilken licensen utfaerdats).
Article 7
1. Member States shall communicate to the Commission, each Wednesday from 1 p.m., by fax:
(a) the applications for export licences with advance fixing of refunds referred to in Article 1 which were lodged from Monday to Wednesday of the same week;
(b) the quantities for which export licences have been issued on the preceding Monday;
(c) the quantities for which applications for export licences have been withdrawn under Article 3 (6) during the preceding week.
2. The notification of the applications referred to in point (a) of paragraph 1 shall specify:
- the quantity in product weight for each category referred to in Article 2 (3),
- the breakdown by destination of the quantity for each category in the case where the rate of refund varies according to the destination,
- the rate of refund applicable,
- the total amount of refund prefixed in ECU per category.
3. Member States shall communicate to the Commission on a monthly basis following the expiry of validity of export licences the quantity of unused export licences.
4. Applications referred to in paragraphs 1 and 3, including 'nil` notifications, shall be made in accordance with the model set out in Annex II.
Article 8
Applications for export licences to be used for exports as from 1 July 1995, may be lodged as from 19 June 1995.
Article 9
1. For chicks falling within CN codes 0105 11 and 0105 19, operators shall declare at the time when customs formalities for exports are fulfilled, that they intend to claim an export refund.
2. Not later than one working day after exporting, operators shall lodge with the competent authority the application for an 'ex-post` export licence for the chicks exported. In section 22 of the licence application and of the licence, shall be indicated the term 'ex-post` together with the customs office where customs formalities have been fulfilled as well as the date on which they took place.
By derogation from Article 14 (2) of Regulation (EEC) No 3719/88 no security shall be required.
3. Member States shall communicate to the Commission, each Monday before 1 p.m., by fax, the number of 'ex-post` export licences applied for or the absence of such applications, during the preceding week. The notifications shall be made in accordance with the model set out in Annex III and shall specify, where applicable, the details referred to in Article 7 (2).
4. 'Ex-post` export licences shall be issued each following Wednesday, provided that none of the particular measures referred to in Article 3 (4) are taken by the Commission after the export concerned. Where such measures are taken they shall apply to the exports already carried out.
This licence accords entitlement to payment of the refund applicable on the day on which the customs formalities for exports were fulfilled.
5. Article 22 of Regulation (EEC) No 3719/88 shall not apply to the 'ex-post` licences referred to in paragraphs 1 to 4.
The licences shall be presented directly by the interested party to the agency in charge of the payment of export refunds. This agency shall attribute and stamp the licence.
Article 10
Regulations (EEC) No 572/73 and (EEC) No 3652/81 are repealed.
Regulation (EEC) No 3652/81 shall remain applicable, however, for advance fixing certificates issued before 1 July 1995 pursuant to that Regulation.
Article 11
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply to the export licences referred to in Article 1 as from 19 June 1995.
The provisions of Articles 4, 9 and 10, however, shall apply from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 1995.
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*****
COMMISSION REGULATION (EEC) No 3158/86
of 16 October 1986
amending Regulation (EEC) No 1767/82 to cover importation of Vacherin Mont d'Or cheese from Switzerland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1335/86 (2), and in particular Article 14 (7) thereof,
Whereas following the supplementary agreements between the EEC and the EFTA countries Council Regulation (EEC) No 2915/79 of 18 December 1979 determining the groups of products and the special provisions for calculating levies on milk and milk products and amending Regulation (EEC) No 950/68 on the Common Customs Tariff (3), as last amended by Regulation (EEC) No 3129/86 (4), classifies exceptionally Vacherin Mont d'Or cheese under subheading 04.04 A of the Common Customs Tariff; whereas Annexes I, III and IV of Commission Regulation (EEC) No 1767/82 of 1 July 1982 laying down detailed rules for applying specific import levies on certain milk products (5), as last amended by Regulation (EEC) No 778/86 (6), should therefore be amended accordingly;
Whereas Finland has given notice that its issuing agency is no longer the 'Maiototaloustuotteiden Tarkastuslaitos' but the 'Valtion Maitovalmisteiden Tarkastuslaitos'; whereas, therefore, the abovementioned entry has to be changed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1767/82 is amended as indicated in the Annex.
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 1 September 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 October 1986.
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Council Regulation (EC) No 1623/2003
of 11 September 2003
extending the definitive anti-dumping duty imposed by Regulation (EC) No 408/2002 on imports of certain zinc oxides originating in the People's Republic of China to imports of certain zinc oxides consigned from Vietnam, whether declared as originating in Vietnam or not, and to imports of certain zinc oxides originating in the People's Republic of China and mixed with silica
THE COUNCIL OF THE EUROPEAN UNION,
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), and in particular Article 13 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Existing measures
(1) By Regulation (EC) No 408/2002(2) (the original Regulation), the Council imposed definitive anti-dumping duties ranging from 6,9 % to 28 % on imports of zinc oxide with a purity of not less than 93 % zinc oxide (zinc oxides) originating in the People's Republic of China (the PRC).
2. Request
(2) On 18 November 2002, the Commission received a request pursuant to Article 13(3) of Regulation (EC) No 384/96 (the basic Regulation) to investigate the alleged circumvention of the anti-dumping measures imposed on imports of zinc oxides originating in the PRC. The request was submitted by Eurometaux on behalf of producers representing a major proportion of the Community production of zinc oxides.
(3) The request alleged that there had been a change in the pattern of trade following the imposition of the anti-dumping measures on imports of zinc oxides originating in the PRC, as shown by a significant increase in imports of the same product from Vietnam while imports from the PRC had decreased substantially during the same time span.
(4) This change in the pattern of trade was alleged to stem both from the transhipment of zinc oxides originating in the PRC via Vietnam. In addition, it was further alleged that zinc oxides originating in the PRC are being mixed with other substances, such as silica, thereby falling outside the relevant TARIC code. It was further alleged that as the basic characteristics and uses of the product remain unchanged, there was insufficient due cause or economic justification for these practices other than the existence of the anti-dumping duties on zinc oxides originating in the PRC.
(5) Finally, the applicant alleged that the remedial effects of the existing anti-dumping duties on zinc oxides originating in the PRC were being undermined both in terms of quantities and prices and that dumping was taking place in relation to the normal values previously established.
3. Initiation
(6) The Commission initiated an investigation by Regulation (EC) No 2261/2002(3) (the initiating Regulation) and, pursuant to Article 13(3) and Article 14(5) of the basic Regulation, directed the customs authorities to register imports of zinc oxides consigned from Vietnam, whether declared as originating in Vietnam or not, under TARIC code 2817 00 00 11, and imports of the zinc oxides mixed with other substances originating in the PRC under TARIC code 2817 00 00 19, as from 20 December 2002.
4. Investigation
(7) The Commission advised the authorities of the PRC and Vietnam of the initiation of the investigation. Questionnaires were sent to the producers/exporters in the PRC and Vietnam as well as to importers in the Community named in the request or known to the Commission from the original investigation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation.
(8) Five producers/exporters in the PRC submitted completed replies to the questionnaires whilst no reply was received from producers/exporters in Vietnam. Replies to the questionnaire were also submitted by four importers in the Community. The Commission carried out verification visits at the premises of the following companies:
Unrelated importers:
- Norkem Ltd, Knutsford, United Kingdom,
- Norkem BV, Enkhuizen, The Netherlands,
- Almiberia, SA, San Antonio de Benagéber, Spain,
- Explorer, srl, Sassuolo, Italy.
Chinese producers/exporters:
- Liuzhou Fuxin Chemical Industry Co. Ltd, Liuzhou, China,
- Liuzhou Nonferrous Metals Smelting Co. Ltd, Liuzhou, China, and its related exporter,
- Liuzhou Nonferrous Metals Smelting Import & Export Co. Ltd, Liuzhou, China.
5. Investigation period
(9) The investigation period covered the period from 1 October 2001 to 30 September 2002 (the IP). Data was collected from 2000 up to the IP to investigate the change in the pattern of trade.
B. RESULTS OF THE INVESTIGATION
1. General considerations/degree of cooperation
(a) Vietnam
(10) No producers/exporters of zinc oxides in Vietnam cooperated in the investigation. It was made clear to the companies involved that non-cooperation may lead to the application of Article 18 of the basic Regulation. The Vietnamese Government (the Ministry of Trade), in reaction to the initiation of the investigation, made it clear that no exports of zinc oxides of Vietnamese origin to the Community have taken place throughout the year 2002, and that the Vietnamese authorities have not granted any certificates of Vietnamese origin for exports of zinc oxides.
(b) PRC
(11) The five Chinese producers/exporters that cooperated in the investigation accounted for close to 100 % in volume of the total imports of zinc oxides declared under CN code 2817 00 00 from the PRC during the IP, as reported by Eurostat.
(12) It should be noted that during the IP of the original investigation the cooperating companies in the current investigation represented only 22 % of the total exports to the Community. This means that the major part of the exported quantities in the original investigation were exported by companies that are non-cooperating in the current investigation. It was made clear to these non-cooperating companies that non-cooperation may lead to the application of Article 18 of the basic Regulation.
(13) One Chinese Company, for which an individual duty had been established in the original investigation and which was subject to a periodical monitoring by the Commission(4) on a six-monthly basis, argued that it was not necessary for it to fill in the questionnaire since the Commission had previously visited the company in the context of the periodical monitoring and all the data requested in the present investigation were already available. It was informed that it should nevertheless reply to the questionnaire, since data collected for other purposes and for a different period were not sufficient for the purpose of the present investigation. The export data requested in the present investigation were not completely covered by the previously submitted monitoring reports. As the company did not submit any questionnaire response, they were informed that it would be treated as a non-cooperating party and that therefore, in their respect, findings would be made on the basis of the facts available in accordance with Article 18 of the basic Regulation.
2. Product concerned and like product
(14) The product concerned is, as defined in the original investigation, zinc oxide (chemical formula ZnO) with a purity of not less than 93 % zinc oxide, currently classifiable within CN code ex 2817 00 00 (TARIC code 2817 00 00 12 ).
(15) The investigation has shown that the product concerned, zinc oxides, are imported into the Community presented in two different forms: either as zinc oxides or as zinc oxides mixed with silica. The investigation has also shown that the mixing of zinc oxides with silica does not alter the basic physical and chemical characteristics of the product concerned, as the zinc oxides maintain their molecular structure and their chemical properties intact. Furthermore, the investigation has shown that for instance in the case of the ceramic tile industry, which is one of the major users of zinc oxides, the product concerned must in any event be mixed with several other substances, including silica, in order to be used in the production of tiles.
(16) In the absence of cooperation and considering the change in the pattern of trade as described in recitals 20 and 21 it must be inferred that the zinc oxides exported to the Community from the PRC and those consigned from Vietnam have the same basic physical and chemical characteristics and have the same uses. They are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation.
(17) On the basis of the information available, it is considered that zinc oxides presented mixed with silica still maintain their individual characteristics and should therefore be considered the same product as zinc oxides which are not presented in a mixed form. Consequently, zinc oxide mixed with silica and zinc oxide originating in the PRC are considered as like products within the meaning of Article 1(4) of the basic Regulation.
3. Change in the pattern of trade
(18) As stated in recital 4 the change in the pattern of the trade was alleged to stem from two practices, either transhipment via Vietnam or by mixing of zinc oxides with other substances, such as silica.
(a) Zinc oxides consigned from Vietnam
(19) As no Vietnamese company cooperated in the investigation, exports from Vietnam to the Community had to be established on the basis of the facts available pursuant to Article 18 of the basic Regulation. Eurostat data at CN level, which were the most appropriate information available in such a situation, were therefore used to establish the export prices and quantities from Vietnam to the Community.
(20) Imports of zinc oxides from Vietnam increased from 0 tonnes both in 2000 and 2001 to 6523 tonnes at the end of the IP (September 2002). These imports from Vietnam commenced in fact in March 2002, thus at the same time as the imposition of the definitive duty. Imports into the Community of zinc oxides from the PRC decreased substantially, from 47326 tonnes in 2000 (the IP of the original investigation) to 35732 tonnes in 2001, and to 16873 tonnes during the IP. This shows that a strong decrease of exports from the PRC has occurred after the initiation of the original anti-dumping investigation.
(21) According to data collected from Chinese trade statistics, before the imposition of the measures the exports of the product concerned from the PRC to Vietnam have been relatively stable, amounting to 1643 tonnes in the year 2000 and to 2029 tonnes in the year 2001. However, in the year 2002 these exports increased dramatically to 12609 tonnes. In the period between the imposition of the duties in March 2002 and the end of the IP in September 2002, the exports amounted to 8482 tonnes. As indicated above, in the same time period, 6523 tonnes have been exported to the Community from Vietnam. This shows that imports of zinc oxides originating in the PRC into Vietnam have increased substantially in the year 2002, at a pace very similar to the increase of exports from Vietnam to the Community in the same period.
(22) From the figures above it can be concluded that a clear change in the pattern of trade is established and coincided, in the case of both exporting countries, with the entry into force of the anti-dumping measures on the product concerned originating in the PRC in March 2002.
(b) Zinc oxides mixed with silica
(23) In the request it was alleged that zinc oxides originating in the PRC were presented mixed with other substances and declared under another customs heading when imported into the Community. The verification of the data of one cooperating importer has confirmed the fact that zinc oxides have been imported mixed with silica. These imports were purchased from a Chinese producer/exporter which did not cooperate in the investigation and they were declared, on the basis of binding tariff information (BTI) from the customs authorities of one Member State, under CN code 3824 90 99, which makes the imports concerned not subject to anti-dumping duties.
(24) For this importer, it has been established that the imports of zinc oxides presented mixed with silica started after the imposition of the measures in March 2002. However, in consideration of the fact that the cooperating importers only cover 65 % of the total imports to the Community it cannot be excluded that other non-cooperating importers have used the same practice. Indeed the request contained evidence that this practice may have been applied by at least another importer which did not cooperate in the investigation.
(25) Considering that the exporting companies cooperating in this investigation only represented 22 % of the exports during the IP of the original, but close to 100 % in the current investigation and that the total exports from the PRC into the Community have dropped from 47367 tonnes to 16873 tonnes, it is reasonable to conclude that part of this decrease could be explained by the imports of zinc oxides presented mixed with silica. Given the high percentage of non-cooperation, it was considered that significant quantities of zinc oxides presented mixed with silica may have been exported from China to the Community, declared under CN codes not subject to the duties.
(26) Based on best evidence available pursuant to Article 18 of the basic Regulation, a change in the pattern of trade is established, which coincided with the entry into force of the anti-dumping measures on the product concerned originating in the PRC in March 2002.
4. Insufficient due cause or economic justification
(27) In the absence of cooperation, and given the coincidence in time with the imposition of the anti-dumping measures on the product concerned originating in the PRC, it has to be concluded that the change in the pattern of trade stemmed from the imposition of the anti-dumping duty rather than from any other sufficient due cause or economic justification within the meaning of Article 13(1), second sentence of the basic Regulation.
(28) This conclusion is reinforced by the fact that no zinc oxides of Vietnamese origin have been exported to the Community, as declared by the Vietnamese authorities. Moreover, it can be inferred from the parallelism of the trends that the imports from the PRC to Vietnam were not meant for the Vietnamese market, but were meant to be re-exported. (See recitals 20 and 21).
(29) As far as zinc oxides presented mixed with silica are concerned, no due cause or economic justification has been provided to explain the change in the pattern of trade. In fact, silica is a cheap material and in abundant supply in the Community in general and therefore there is no economical justification to transport the silica from China since this is unnecessarily increasing the total transport cost. Imports of zinc oxides presented mixed with silica coincided with the entry into force of the measures. The exporter of the mixture did not cooperate and in addition the importer did not bring forward any reasonable ground, other than avoiding the payment of anti-dumping duties, for carrying out the mixture in the country from which the goods were exported.
(30) It is, therefore, concluded that no reasonable grounds, other than avoiding the existing anti-dumping duties on imports of zinc oxides originating in the PRC, could be established for the change in the pattern of trade observed.
5. Undermining of the remedial effects of the duty in terms of the prices and/or the quantities of the like products
(31) It is evident from the trade flow analysis made in recitals 20 and 21 that a change in the pattern of Community imports occurred since the imposition of the measures, and that this marked change in trade flows undermined the remedial effects of the anti-dumping measures in terms of quantities imported into the Community market.
(32) With regard to prices of the products consigned from Vietnam and in the absence of cooperation from exporters, Eurostat data revealed that export prices from Vietnam were even lower than the export prices established for the PRC in the original investigation. Consequently, the prices of Vietnamese exports of the product concerned to the Community are below the injury elimination level of Community prices as established in the original investigation.
(33) With regard to prices of the imported zinc oxides presented in a mixed form and given the non-cooperation, recourse had to be made to the best evidence available, i.e. the figures of the cooperating importer for which this practice had been observed. These data revealed that the import prices submitted by this company are below the injury elimination level of Community prices as established in the original investigation.
(34) It is therefore concluded that the imports concerned undermine the remedial effects of the duty both in terms of quantities and prices.
6. Evidence of dumping in relation to the normal values previously established for like or similar products
(35) In order to determine whether evidence of dumping could be found with respect to the product concerned exported to the Community from Vietnam during the IP and the imports of zinc oxides presented mixed with silica, export prices established on the basis of Eurostat data and the figures of the cooperating importer were used. As concerns imports from Vietnam it has been established that prices from Vietnam are more than 15 % lower than the Chinese export prices in the original investigation. As concerns the export prices for the zinc oxides presented mixed with silica, taking into account the quantity of silica in the mix, it has been established that these export prices are more than 22 % lower than the Chinese export prices in the original investigation.
(36) It has to be recalled that Article 13(1) of the basic Regulation requires evidence of dumping in relation to the normal values previously established for the like or similar products but does not require the establishment of a new dumping margin. In accordance with Article 13(1) of the basic Regulation, the normal value previously established was the normal value used in the original investigation. At that time, the United States of America were found to be the appropriate market economy analogue country for the PRC.
(37) For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability. These adjustments were made in accordance with Article 2(10) of the basic Regulation in respect of transport, insurance and handling.
(38) In accordance with Articles 2(11) and (12) of the basic Regulation, the comparison of a weighted average normal value as established in the original investigation and the weighted average of export prices during this investigation's IP expressed as a percentage of the cif price at the Community frontier duty unpaid, showed dumping for both the imports of the zinc oxides consigned from Vietnam and the imports of the zinc oxides presented mixed with silica.
C. MEASURES
(39) In view of the above finding of circumvention within the meaning of Article 13(1), second sentence, of the basic Regulation and in accordance with Article 13(1), first sentence, of the basic Regulation, the existing anti-dumping measures on the product concerned originating in the PRC should be extended to the same product consigned from Vietnam, whether declared as originating in Vietnam or not.
(40) Considering that it was found that in some cases zinc oxides are presented mixed with silica with the only purpose of obtaining a different customs classification and avoiding payment of the duties, it is necessary to ensure that the duties imposed on zinc oxides are collected also in those cases where the product concerned is imported as zinc oxides presented mixed with silica. In these cases, the duties should be collected in proportion to the content of zinc oxides in the presented mixed form.
(41) The duty extended should be the one applicable to all other companies as established in Article 1(2) of the original Regulation.
(42) In accordance with Article 14(5) of the basic Regulation, which provides that measures may be applied against registered imports from the date of registration, the anti-dumping duty should be collected on imports of zinc oxides consigned from Vietnam and of zinc oxides presented mixed with silica originating in the PRC which entered the Community under registration imposed by the initiating Regulation.
(43) The circumvention takes place outside the Community. Article 13 of the basic Regulation is aiming at countering circumvention practices without affecting operators which can prove that they are not involved in such practices, but it does not contain a specific provision providing for the treatment of exporters which could establish that they are not involved in circumvention practices. Therefore, it appears necessary to introduce a possibility for exporters which have not exported the product concerned during the IP and are not related to any exporters or producers subject to the extended anti-dumping duty to request an exemption from the measures on these imports. Exporters concerned which would consider to lodge a request for an exemption from the extended anti-dumping duty would be required to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. An exemption may be granted after the assessment of the market situation of the product concerned, production capacity and capacity utilisation, procurement and sales and taking into account the likelihood of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on-spot verification visit. The request would have to be addressed to the Commission forthwith, with all relevant information, in particular any modification in the company's activities linked to production and export sales. Importers could still benefit from exemption from the measures to the extent that their imports are from exporters which are granted such an exemption, and in accordance with Article 13(4).
(44) Where exemption is considered appropriate, the Commission would, after consultation of the Advisory Committee, propose the amendment of the Regulation accordingly.
D. PROCEDURE
(45) Interested parties were informed of the essential facts and considerations on the basis of which the Council intended to extend the definitive anti-dumping duty in force and were given the opportunity to comment. No comments which were of a nature to change the above conclusions were received,
HAS ADOPTED THIS REGULATION:
Article 1
1. The definitive anti-dumping duty of 28 % imposed by Regulation (EC) No 408/2002 on imports of zinc oxide (chemical formula: ZnO) with a purity of not less than 93 % zinc oxide, normally declared under CN code ex 2817 00 00 (TARIC codes 2817 00 00 12 and 2817 00 00 18 ) originating in the People's Republic of China, is hereby extended to imports of zinc oxide (chemical formula: ZnO) with a purity of not less than 93 % zinc oxide, consigned from Vietnam (whether declared as originating in Vietnam or not) (TARIC code 2817 00 00 12 ) and to imports of zinc oxide presented mixed with silica, but where the purity of the zinc oxide itself is not less than 93 % zinc oxide. In the latter case, the duty should be collected in proportion to the content of zinc oxide with a purity of not less than 93 % zinc oxide in the mixture originating in the People's Republic of China (TARIC code 3824 90 99 87 ).
2. The duty extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Article 2 of Regulation (EC) No 2261/2002 and Article 13(3) and Article 14(5) of Regulation (EC) No 384/96.
3. The provisions in force concerning customs duties shall apply.
Article 2
1. Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the Community and must be signed by a person authorised to represent the applicant. The request must be sent to the following address: European Commission Directorate-General for Trade
Directorate B
Office: J-79 05/17 B - 1049 Brussels Fax (32 2) 295 65 05 Telex COMEU B 21877.
2. The Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping duty imposed by Regulation (EC) No 408/2002 from the duty extended by Article 1, and propose the amendment of the Regulation accordingly.
Article 3
Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EC) No 2261/2002.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 September 2003.
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