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COUNCIL REGULATION (EEC) No 2266/88 of 19 July 1988 fixing the basic price and the standard quality for slaughtered pigs for the period 1 July 1988 to 31 October 1989
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EEC) No 3906/87 (2), and in particular Article 4 (4) thereof,
Having regard to the proposal from the Commission (3),
Having regard to the opinion of the European Parliament (4),
Having regard to the opinion of the Economic and Social Committee (5),
Whereas, when the basic price for slaughtered pigs is fixed, account should be taken of the objectives of the common agricultural policy and of the contribution which the Community desires to make to the harmonious development of world trade; whereas the objectives of the common agricultural policy are in particular to ensure a fair standard of living for the agricultural community, to ensure that supplies are available and that they reach consumers at reasonable prices;
Whereas the basic price must be fixed in accordance with the criteria laid down in Article 4 (1) of Regulation (EEC) No 2759/75 for a standard quality defined by reference to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (6), as amended by Regulation (EEC) No 3530/86 (7);
Whereas, because of the close interdependence which exists between the market in pigmeat and the market in cereals, the basic price for slaughtered pigs should be made to apply, for the current year, from the beginning of the marketing year in the cereals sector, and whereas, therefore, a derogation should be provided for from Article 4 (1) of Regulation (EEC) No 2759/75;
Whereas, as a result, Regulation (EEC) No 1971/87 (8), which fixed the basic price and the standard quality for slaughtered pigs for the period 1 November 1987 to 31 October 1988 should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1 1. For the period 1 November 1988 to 31 October 1989 the basic price for slaughtered pigs of the standard quality shall be 2 033,30 ECU per tonne.
2. By way of derogation from Article 4 (1) of Regulation (EEC) No 2759/75, the price provided for in paragraph 1 above shall apply from 1 July 1988 to 31 October 1989.
Article 2 The standard quality shall be defined in terms of carcase weight and lean meat content, determined in accordance with Article 2 (2) and (3) of Regulation (EEC) No 3220/84, as follows:
(a) carcases weighing 60 to less than 100 kilograms: grade U;
(b) carcases weighing 100 to less than 130 kilograms: grade R;
(c) carcases weighing 130 to 160 kilograms: grade O.
Article 3 Regulation (EEC) No 1971/87 is hereby repealed.
Article 4 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 1988.
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Commission Decision
of 18 April 2000
approving tests for the detection of antibodies against bovine brucellosis within the framework of Council Directive 64/432/EEC
(notified under document number C(2000) 1042)
(Text with EEA relevance)
(2000/330/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), as last amended by Directive 98/99/EC(2), and in particular Article 6(2)(b) thereof,
Whereas:
(1) 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 Standing Veterinary Committee procedure following the adoption of the relevant protocols.
(2) In accordance with Article 16 of Directive 64/432/EEC, the Commission, in acordance with the procedures of Article 17 and on the basis of the opinion of the Scientific Veterinary Committee, shall update and if necessary amend Annexes B, C and D (Chapter II) to adapt them to scientific developments.
(3) The Commission has now 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(3).
(4) In this 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 OIE (Manual of standards, Edition 1996, Chapter 3.2.1).
(5) 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.
(6) Therefore, pending the update of the technical Annexes B, C and 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 shall 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.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The following tests for the detection of antibodies for bovine brucellosis are hereby approved for certification purposes referred to in Article 6(2)(b) of Directive 64/432/EEC:
1. the complement fixation test and the buffered brucella antigen tests carried out in accordance with the provisions set up in Annex C of Directive 64/432/EEC;
2. the ELISA tests carried out in accordance with the provisions set up in the Annex to this Decision.
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 must 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
This Decision is addressed to the Member States.
Done at Brussels, 18 April 2000.
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COMMISSION REGULATION (EEC) No 4148/88 of 23 December 1988 laying down detailed rules for the application of the import arrangements provided for by Council Regulations (EEC) No 4075/88 and (EEC) No 4077/88 in the beef and veal sectors
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4075/88 of 19 December 1988 opening a Community tariff quota for high-quality fresh, chilled or frozen meat of bovine animals falling within CN codes 0201 and 0202 and for products falling within CN codes 0206 10 95 and 0206 29 91 (1), and in particular Article 2 thereof,
Having regard to Council Regulation (EEC) No 4077/88 of 19 December 1988 opening a Community tariff quota for frozen buffalo meat falling within CN code 0202 30 90 (2), and in particular Article 2 thereof,
Whereas Regulations (EEC) No 4075/88 and (EEC) No 4077/88 opened quotas for high-quality beef and veal and for buffalo meat; whereas the rules for the application of these arrangements must be established;
Whereas the exporting non-member countries have undertaken to issue certificates of authenticity guaranteeing the origin of these products; whereas the form and layout of these certificates and the procedures for using them must be specified; whereas the certificate of authenticity must be issued by an appropriate authority in a non-member country, the standing of which is such as to ensure that the special arrangements are properly applied;
Whereas, pursuant to Article 2 of Commission Regulation (EEC) No 2377/80 (3), as last amended by Regulation (EEC) No 3182/88 (4), a licence is required for all imports into the Community of beef and veal products; whereas some of the non-member countries exporting meat under this Regulation have undertaken to restrict their exports of such products; whereas the licence must be endorsed as required by the provisions in Article 12 of Regulation (EEC) No 2377/80;
Whereas in order to ensure that the importing of these meats is managed efficiently it is appropriate to provide for the non-transferability of certificates;
Whereas provision must be made for the Member States to transmit relevant information in connection with these special imports;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1 1. The tariff quota for fresh, chilled or frozen beef and veal provided for in Article 1 (1) of Regulation (EEC) No 4075/88 shall be allocated as follows:
(a) 17 000 tonnes of chilled, boned or boneless meat, falling within CN codes 0201 30 and 0206 10 95, and answering the following definition:
´Special or good-quality beef cuts obtained from exclusively pasture-grazed animals aged between 22 and 24 months, having two permanent incisors and presenting a slaughter liveweight not exceeding 460 kilograms, referred to as "special boxed beef", cuts of which may bear the letters "sc" (special cuts)';
(b) 5 000 tonnes product weight of meat, falling within CN codes 0201 20 90, 0201 30, 0202 20 90, 0202 30, 0206 10 95 and 0206 29 91, and answering the following definition:
´Selected cuts of fresh, chilled or frozen beef derived from bovine animals which do not have more than four permanent incisor teeth, the carcases of which have a dressed weight of not more than 327 kilograms (720 pounds), a compact appearance with a good eye of meat of light and uniform colour, and adequate but not excessive fat cover. The meat shall be certified "high-quality beef EEC"';
(c) 2 300 tonnes of boned or boneless meat, falling within CN codes 0201 30, 0202 30 90, 0206 10 95 and 0206 29 91, and answering the following definition:
´Special or good-quality beef cuts obtained from exclusively pasture-grazed animals presenting a slaughter liveweight not exceeding 460 kilograms, referred to as "special boxed beef". These cuts may bear the letters "sc" (special cuts)';
(d) 10 000 tonnes product weight of meat, falling within CN codes 0201, 0202, 0206 10 95 and 0206 29 91, and answering the following definition:
´Carcases of any cuts from cattle not over 30 months of age which have been fed for 100 days or more on a nutritionally balanced, high-energy-feed concentration ration containing no less than 70 % grain and at least 20 pounds total feed per day. Beef graded USDA "choice" or "prime" automatically meets the definition above. Meat graded A2, A3 and A4 under the standards of the Canadian Ministry of Agriculture automatically meets the definition above'.
2. The tariff quota for frozen buffalo meat provided for in Article 1 (1) of Regulation (EEC) No 4077/88 shall be administred in accordance with the provisions of this Regulation.
Article 2 1. The total suspension of the import levy for the meat referred to in Article 1 shall be subject to the presentation, at the time it is put into free circulation, of a certificate of authenticity and, in respect of the meat referred to in Article 1 (1) (d), to the presentation of the import licence referred to in Article 12 of Regulation (EEC) No 2377/80.
The import certificates requested for the meats under Article 1 (1) (d) shall not be transferable.
2. The certificate of authenticity shall be made out in one original and not less than one copy on a form corresponding to the model in Annex I.
The form shall measure approximately 210 × 297 mm.
The paper shall weigh not less than 40 g/m2 and shall be white.
3. The forms shall be printed and completed in one of the official languages of the Community and also, if desired, in the official language or one of the official languages of the exporting country.
The appropriate definition under Article 1 (1) relative to the meat originating from the exporting country shall be shown on the back of the form.
4. The particulars on the original and the copies shall be either typewritten or handwritten. In the latter case they must be printed in block capitals.
5. Each certificate of authenticity shall bear an individual serial number assigned by the issuing authority referred to in Article 4. The copies shall bear the same serial number as the original.
Article 3 1. The certificate of authenticity shall be valid for three months from the date it was issued.
The original certificate of authenticity and one copy shall be presented to the customs authority when the product covered by the certificate is put into free circulation.
However, the certificate may not be presented after 31 December of its year of issue.
2. The copy of the certificate of authenticity referred to in paragraph 1 shall be sent by the customs authorities of the Member State in which the product is placed in free circulation to the designated authorities of that Member State responsible for the communication under Article 6 (1).
Article 4 1. A certificate of authenticity shall be valid only if it is duly completed and endorsed, in accordance with the instruction in Annexes I and II, by one of the issuing authorities listed in Annex II.
2. The certificate of authenticity shall be deemed to have been duly endorsed if it specifies the date and place of issue and if it bears the stamp of the issuing authority and the signature of the person or persons empowered to sign it.
The stamp may be replaced on the original certificate of authenticity and its copies by a printed seal.
Article 5 1. The issuing authorities listed in Annex II shall:
(a) be recognized as competent by the exporting country;
(b) undertake to check the particulars set out in the certificates of authenticity;
(c) undertake to communicate to the Commission and to the Member States, on request, any useful information enabling the particulars set out in the certificates of authenticity to be evaluated.
2. The list shall be amended if the requirement in paragraph 1 (a) is no longer met or if an issuing authority fails to fulfil one of the obligations incumbent on it.
Article 6 1. The Member States shall communicate to the Commission, in respect of each period of 10 days, not later than 15 days after that period, the quantities of products referred to in Article 1 that have been put into free circulation, broken down by their country of origin and combined nomenclature code.
2. Under this Regulation the period of 10 days means:
- from the first to 10th of the month inclusive,
- from the 11th to 20th of the month inclusive,
- from the 21st to the last day of the month inclusive.
Article 7 The lodging of licence applications and the issuing of import licences for the meat referred to in Article 1 (1) (d) shall be effected in accordance with the provisions of Articles 12 and 15 of Regulation (EEC) No 2377/80.
Article 8 In all Community instruments in which reference is made to Commission Regulation (EEC) No 263/81 (1), or to Articles of that Regulation, such references shall be treated as references to this Regulation or to the corresponding Articles hereof.
Article 9 This Regulation shall enter into force on 1 January 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 1988.
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COMMISSION REGULATION (EC) No 1908/2005
of 23 November 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 November 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2005.
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COMMISSION REGULATION (EC) No 1216/2005
of 28 July 2005
amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 80(b) thereof,
Whereas:
(1)
Several Member States are having serious difficulties applying the provisions of Article 2(3) of Regulation (EC) No 1493/1999 concerning the regularisation of illegal plantation. These difficulties concern, in particular, the date from which the procedure in question is to commence. Applying the various provisions regarding the grant of the derogation imposes a serious and complex administrative burden, particularly as regards checks and penalties.
(2)
To overcome these difficulties, the provisions on the regularisation of illegal plantation need to be amended. Pending the submission of an appropriate proposal to the Council and in the interests of sound administration, the date for the closure of the procedure laid down in Commission Regulation (EC) No 1227/2000 (2) should therefore be postponed definitively to 31 December 2007.
(3)
Regulation (EC) No 1227/2000 should therefore be amended accordingly.
(4)
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
Article 2(1a) of Regulation (EC) No 1227/2000 is hereby replaced by the following:
‘1a. The deadline laid down in Article 2(3) of Regulation (EC) No 1493/1999 shall be postponed to 31 December 2007.’
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2005.
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*****
COMMISSION DECISION
of 15 July 1988
accepting an undertaking concerning certain electronic weighing scales assembled or produced in the Community
(88/398/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1761/87 (2), and in particular Article 13 (10) thereof,
After consultations within the Advisory Committee as provided for under the above Regulation,
Whereas:
A. Procedure
(1) In July 1987, the Commission received a complaint lodged by three Community producers of electronic weighing scales whose collective output constitutes practically all Community production of the product in question. The complaint contained sufficient evidence that following the opening of the investigation on electronic weighing scales originating in Japan (3), two companies were assembling electronic weighing scales in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2176/84. After consultation, the Commission accordingly announced, by notice published in the Official Journal of the European Communities (4), the initiation of an investigation, under Article 13 (10) of Regulation (EEC) No 2176/84, concerning electronic weighing scales assembled in the Community by the following companies:
- TEC (UK) Ltd, Preston, United Kingdom and
- TEC-Keylard Weegschalen, The Netherlands.
B. Termination of the investigation and extension of the duty
(2) As a result of this investigation, the proceeding was terminated without the extension of the anti-dumping duty with regard to TEC-Keylard (NL) by Commission Decision 88/227/EEC (5).
(3) For TEC (UK) Ltd, and after taking into consideration the circumstances of each case, Council Regulation (EEC) No 1021/88 (6) extended the anti-dumping duty imposed by Council Regulation (EEC) No 1058/86 (7) to certain electronic weighing scales assembled in the Community by this company.
C. Undertakings
(4) In June 1988, TEC (UK) Ltd offered an undertaking. The Commission verified, at the premises of the company concerned, that the undertakings removed the conditions justifying the extension by Regulation (EEC) No 1021/88 of the anti-dumping duty to electronic weighing scales assembled in the Community. In the light of the undertaking offered and of the results of the verification and after consultation, the Commission is satisfied that the changes in the sourcing of parts and materials and of other aspects of TEC (UK)'s assembly or production operations in the Community are sufficient for the undertaking to be accepted.
(5) The Council has therefore repealed Regulation (EEC) No 1021/88 which extended the duty to products assembled or produced in the Community by TEC (UK) Ltd,
HAS DECIDED AS FOLLOWS:
Sole Article
The undertaking offered by TEC (UK) Ltd in connection with certain electronic weighing scales corresponding to CN code 8423 81 50 introduced into the commerce of the Community after having been assembled in the Community by TEC (UK) Ltd is hereby accepted.
Done at Brussels, 15 July 1988.
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COUNCIL DIRECTIVE of 24 June 1981 amending Council Directive 78/25/EEC on the approximation of the rules of the Member States relating to the colouring matters which may be added to medicinal products (81/464/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,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas Article 1 of Directive 78/25/EEC (3) stipulates that Member States shall not authorize, for the colouring of medicinal products for human and veterinary use, any colouring matters other than those covered by Annex I, Sections I and II, of the Council Directive of 23 October 1962 on the approximation of the rules of the Member States concerning the colouring matters authorized for use in foodstuffs intended for human consumption (4);
Whereas Section I of the abovementioned Annex covers colouring matter for both mass and surface colouring, and Section II covers colouring matter for surface colouring only;
Whereas there is no justification on public health grounds for maintaining, in the case of medicinal products, the distinction made in the case of foodstuffs intended for human consumption between colouring matter for both mass and surface colouring and colouring matter for surface colouring only;
Whereas Directive 78/25/EEC should therefore be amended accordingly,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The following paragraph shall be added to Article 1 of Directive 78/25/EEC:
"However, in the case of medicinal products, no distinction shall be made between colouring matter for both mass and surface colouring and colouring matter for surface colouring only."
Article 2
Member States shall take the measures necessary to comply with this Directive before 1 October 1981 and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Luxembourg, 24 June 1981.
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Commission Regulation (EC) No 480/2003
of 17 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 18 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 March 2003.
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COMMISSION REGULATION (EC) No 2630/97 of 29 December 1997 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals (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 820/97 of 21 April 1997 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (1), and in particular Article 10 (d) thereof,
Whereas it is appropriate to define the minimum level of controls to be carried out in order to ensure proper implementation of the identification and registration system for bovine animals;
Whereas the competent authority of each Member State should carry out controls based on a risk analysis; whereas the risk analysis should take into account all relevant factors, including in particular public and animal health considerations;
Whereas in principle all the animals on a holding should be covered by the controls; whereas, however, where for practical reasons it is not possible to assemble the animals on the holding within 48 hours, the competent authority may provide for an appropriate sampling system;
Whereas the competent authority of each Member State should carry out on-the-spot inspections, which should in general be unannounced, as provided for by Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes (2), as last amended by Regulation (EC) No 820/97;
Whereas Member States should make an annual report to the Commission giving details of the implementation of the controls;
Whereas the Commission should provide the Member States with a model of such a report;
Whereas in view of the timetable for the application of Regulation (EC) No 820/97, this Regulation should enter into force as a matter of urgency;
Whereas the measures provided for in this Regulation are in conformity with the opinion of the Committee for the European Agricultural Guidance and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
Article 1
The controls provided for in the system for the identification and registration of bovine animals shall at least comply with the minimum levels set out in Articles 2 to 5.
Article 2
1. In each Member State the competent authority shall carry out on-the-spot inspections, which may be carried out in conjunction with any other inspections provided for by Community legislation. Those inspections shall each year cover at least 10 % of holdings situated in the territory of each Member State. That minimum rate of control shall be increased immediately where it is established that Community legislation regarding identification has not been complied with.
2. By way of derogation from paragraph 1, where a Member State has in place a fully operational database in accordance with Article 5 of Regulation (EC) No 820/97 which provides effective cross-checking facilities, a rate of 5 % may be envisaged.
3. The selection of holdings to be inspected by the competent authority shall be made on the basis of risk analysis.
4. The risk analysis for each holding shall take into account in particular the following:
(a) the number of animals on the holding, including details of all the animals present and animals identified on the holding;
(b) public and animal health considerations, and in particular the existence of previous outbreaks of disease;
(c) the amount of annual bovine premium claimed and/or paid to the holding, compared with the amount paid the previous year;
(d) significant changes in comparison with situations in previous years;
(e) results of checks conducted in earlier years, in particular:
- the proper keeping of the holding register, as provided for by Commission Regulation (EC) No 2629/97 on implementing rules for Regulation (EC) No 820/97 as regards eartags, holding registers and passports (3),
- the proper keeping of passports of the animals present in the holding, as provided for by Regulation (EC) No 2630/97;
(f) proper communication of the data to the competent authority;
(g) other criteria to be defined by the Member States.
5. Each inspection shall be subject of a report standardized at national level setting out the results of the controls and any unsatisfactory findings, the reason for the control and the persons present. The keeper or his representative shall be given the opportunity to sign the report and, as appropriate, to give his observations on its content.
Article 3
1. The control shall cover all the animals on the holding for which identification is provided for by Regulation (EC) No 820/97.
2. By way of derogation from paragraph 1, if for practical reasons it is not possible to assemble the animals on the holding within a period of 48 hours, the competent authority may provide for a sampling system provided that a reliable level of control is ensured.
Article 4
On-the-spot checks shall in general be unannounced. Where advance warning is given, it shall be limited to the strict minimum necessary and as a general rules shall not exceed 48 hours.
Article 5
1. Each Member State shall make an annual report to the Commission, before 1 July each year, commencing in 1999, giving details of the following:
(a) the number of holdings in the Member State concerned;
(b) the number of inspections made pursuant to Article 2;
(c) the number of animals which have been inspected;
(d) any breach found;
(e) any sanction imposed in accordance with Article 10 of Commission Regulation (EC) No 820/97.
2. The Commission shall provide the Member States with a model showing how the information referred to in paragraph 1 is to be presented.
Article 6
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 December 1997.
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COMMISSION REGULATION (EC) No 1044/2009
of 4 November 2009
amending Regulation (EC) No 274/2009 fixing the quantitative limit for the exports of out-of-quota sugar and isoglucose until the end of the 2009/2010 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), and in particular Article 61, first subparagraph, point (d), in conjunction with Article 4 thereof,
Whereas:
(1)
According to Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007, the sugar produced during a marketing year in excess of the quota referred to in Article 56 of that Regulation may be exported only within the quantitative limit to be fixed.
(2)
Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences, are laid down by 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). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.
(3)
Commission Regulation (EC) No 274/2009 (3) has fixed the quantitative limit for the exports of out-of-quota sugar at 650 000 tonnes in respect of marketing year 2009/2010. However, according to the most recent forecasts issued at the beginning of the 2009/2010 sugar beet harvest it is certain that due to exceptionally favourable weather conditions a very important amount of out-of-quota beet sugar would be produced in the Community. The amount of out-of-quota sugar to be produced in 2009/2010 is initially estimated at around 3-4 million tonnes, which would lead to serious storage problems and provoking large quantity of sugar to be carried forward as quota sugar for marketing year 2010/2011. It is therefore necessary to increase the quantitative limit for out-of-quota sugar exports to 1 350 000 t in respect of marketing year 2009/2010.
(4)
Regulation (EC) No 274/2009 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1 of Regulation (EC) No 274/2009, paragraph 1 is replaced by the following:
‘1. For the 2009/2010 marketing year, running from 1 October 2009 to 30 September 2010, the quantitative limit referred to in Article 61, first subparagraph, point (d) of Regulation (EC) No 1234/2007 shall be 1 350 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99.’
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, 4 November 2009.
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COUNCIL REGULATION (EEC) No 1755/92 of 30 June 1992 amending Regulation (EEC) No 989/84 introducing a system of guarantee thresholds for certain processed fruit and vegetable products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), and in particular Article 2 (3) thereof,
Having regard to the proposal from the Commission (2),
Whereas Regulation (EEC) No 989/84 (3) introduces a system of guarantee thresholds for certain processed fruit and vegetable products and in particular for processed tomato products;
Whereas the threshold for the latter should be adjusted to take account of production in the new German Laender and the breakdown of the overall quantity into categories of finished products should be adjusted accordingly;
Whereas Article 2 of Regulation (EEC) No 989/84 provides that if the guarantee threshold for processed tomato products is exceeded in a marketing year, the production aid for the following marketing year is to be reduced; whereas in addition the overrun in the threshold is to be calculated on the basis of the average quantity produced in the three marketing years preceding the marketing year in respect of which the aid is to be fixed; whereas, pursuant to those provisions, on the one hand there should be no financial consequences in the 1992/93 marketing year whatever the quantity processed and on the other hand there should be such consequences in the 1993/94 marketing year only if a quantity approximately one million tonnes over the threshold fixed for the 1992/93 marketing year is processed; whereas this is an undesirable side effect of the switchover from one system to another;
Whereas, given that a policy to control production has been applied to these products for several years, this situation appears to be clearly at variance with the objective of that policy, which is familiar to operators, to bring production into line with possibilities of disposal; whereas, since the quota system has lapsed, the provisions in force should accordingly be adapted to maintain some discipline and thereby prevent serious imbalance on the market,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 989/84 is hereby amended as follows:
1. In Article 1:
(a) paragraph 1 is replaced by the following:
'1. The quantity of processed tomato products corresponding to 6 596 787 tonnes of fresh tomatoes is hereby fixed as the guarantee threshold for the 1992/93 marketing year.
This tonnage shall be divided as follows:
- 4 317 339 tonnes for the manufacture of tomato concentrate,
- 1 543 228 tonnes for the manufacture of whole peeled tomatoes,
- 736 220 tonnes for the manufacture of other processed tomato products.';
(b) paragraph 2 is deleted.
2. Article 2 is replaced by the following:
'Article 2
1. Where the guarantee threshold for the processed tomato products referred to in Article 1 (1) is exceeded, the aid for the current marketing year shall be reduced in line with the overrun in the threshold and in proportion to the amount by which each of the quantities fixed in that paragraph has been exceeded.
2. The overrun referred to in paragraph 1 shall be calculated on the basis of the quantities covered by production aid application during the 1992/93 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 Luxembourg, 30 June 1992.
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Commission Regulation (EC) No 503/2004
of 18 March 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 19 March 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 2004.
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Commission Regulation (EC) No 2289/2001
of 23 November 2001
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), 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 2211/2001(2), as amended by Regulation (EC) No 2268/2001(3).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 2211/2001 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 2211/2001 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 24 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2001.
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COMMISSION DECISION
of 15 July 2004
on the eligibility of expenditure to be incurred by certain Member States in 2004 for the collection and management of the data needed to conduct the common fisheries policy
(notified under document number C(2004) 2730)
(Only the Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish and Swedish texts are authentic)
(2004/555/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2000/439/EC of 29 June 2000 on a financial contribution from the Community towards the expenditure incurred by Member States in collecting data and for financing studies and pilot projects for carrying out the common fisheries policy (1), and in particular Article 4(3) thereof,
Whereas:
(1)
Decision 2000/439/EC lays down the conditions whereby the Member States may receive a contribution from the Community for expenditure incurred in their national programmes as provided for in Council Regulation (EC) No 1543/2000 of 29 June 2000 establishing a Community framework for the collection and management of the data needed to conduct the common fisheries policy (2). Pursuant to that Decision the Commission, on the basis of the information provided by the Member States, decides each year on the eligibility of the expenditure forecast by the Member States and on the amount of the financial assistance from the Community for the following year.
(2)
The Commission has received updates of the five-year programmes from Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, the Netherlands, Portugal, Finland, Sweden and the United Kingdom that describe the data they intend to collect between 1 January 2004 and 31 December 2004 pursuant to Regulation (EC) No 1543/2000. They have also submitted applications for a financial contribution for the expenditure referred to in Article 4 of Decision 2000/439/EC.
(3)
Pursuant to Article 6 of Commission Regulation (EC) No 1639/2001 of 25 July 2001 establishing the minimum and extended Community programmes for the collection of data in the fisheries sector and laying down detailed rules for the application of Council Regulation (EC) No 1543/2000 (3), the Commission has examined Member States’ national programmes for 2004 and has assessed the eligibility of the expenditure on the basis of those programmes. A first instalment should be delivered to the Member States concerned in accordance with Article 6(1)(a) of Decision 2000/439/EC on the basis of that assessment.
(4)
A second instalment is to be forwarded, in 2005, following the transmission and acceptance by the Commission of a financial and technical report of activity detailing the state of completion of the aims set at the time of drawing-up the minimum and extended programmes, in accordance with Article 6(1)(b) of Decision 2000/439/EC and Article 6(2) of Regulation 1639/2001.
(5)
The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Fisheries and Aquaculture,
HAS ADOPTED THIS DECISION:
Article 1
This Decision establishes for 2004 the amount of the eligible expenditure for each Member State and the rates of the Community financial contribution for the collection and management of the data needed to conduct the common fisheries policy.
Article 2
Expenditure incurred in collecting and managing of the data needed to conduct the common fisheries policy, as set out in Annex I, shall qualify for a financial contribution from the Community not exceeding 50 % of the eligible expenditure for the minimum programme as provided for in Article 5 of Regulation (EC) No 1543/2000.
Article 3
Expenditure incurred in collecting and managing of the data needed to conduct the common fisheries policy, as set out in Annex II, shall qualify for a financial contribution from the Community not exceeding 35 % of the eligible expenditure for the extended programme as provided for in Article 5 of Regulation (EC) No 1543/2000.
Article 4
1. The Community shall pay a first instalment of 50 % of the financial contribution set out in Annexes I and II.
2. A second instalment shall be delivered in 2005, after the reception and approval of a financial and a technical report as provided for in Article 6(1)(b) of Decision 2000/439/EC.
Article 5
1. The euro exchange rate used to calculate the amounts eligible under this Decision shall be the rate in force in May 2003.
2. The expenditure declarations and applications for advances in national currency received from the Member States not participating in the third stage of economic and monetary union shall be converted into euro at the rate in force for the month in which those declarations and applications are received by the Commission.
Article 6
This Decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Kingdom of the Netherlands, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 15 July 2004.
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COMMISSION REGULATION (EC) No 412/97 of 3 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the recognition of producer organizations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables (1), and in particular Articles 11 (2) (a) and 48 thereof,
Whereas a minimum number of members and a minimum volume of marketable production should be laid down using a pragmatic approach and taking into account the structural, economic and administrative situation in the Member States; whereas these minimum conditions should be modulated for different categories of producer organizations to take account of different circumstances of production and of experience acquired; whereas the Member States should therefore be allowed to lay down minimum conditions more stringent than those provided for by this Regulation;
Whereas the minimum volume of marketable production should be expressed in ecus so that it may be more representative; whereas Member States should nevertheless be permitted to express the minimum volume as a percentage of production in an economic region where producers are established in order to take account of specific situations;
Whereas, in order to ensure that producer organizations genuinely represent a minimum number of producers, Member States should take steps to ensure that a minority of members who may account for the bulk of production in the producer organization do not unduly dominate its management and operation;
Whereas the main and essential activities of a producer organization should relate to the production of its members; whereas nevertheless the producer organization should be allowed to engage in other activities, whether or not of a commercial nature, without prejudice to the right of Member States to lay down stricter limits;
Whereas, in view of the nature of the products, their production and their marketing, the holdings of members of a producer organization may be located in Member States other than that in which the producer organization has its head office;
Whereas Article 11 (1) (a) and (3) of Regulation (EC) No 2200/96 make provision for different types of producer organizations; whereas all producer organizations for which an application for recognition is submitted should fall into one of the categories laid down;
Whereas, in order to facilitate the concentration of supply, the merger of existing producer organizations to form new ones should be encouraged; whereas the acquired rights referred to in Article 53 of Regulation (EC) No 2200/96 apply to the new producer organizations resulting from the merger of organizations already recognized under Regulation (EEC) No 1035/72 (2), as last amended by Commission Regulation (EC) No 1363/95 (3);
Whereas, in order to help achieve the goals of the common organization of markets and to ensure that producer organizations carry out their work in a sustainable and effective way, there should be the utmost stability within producer organizations; whereas membership of a producer organization should therefore be for a minimum period, particularly with regard to the obligations relating to an operational programme of the type referred to in Article 15 of Regulation (EC) No 2200/96; whereas the minimum period of membership should be laid down within certain limits, without prejudice to the right of Member States to lay down stricter limits;
Whereas, in order to ensure the sound operation of the market organization, Member States should keep the Commission regularly informed about the situation and developments in the sector; whereas the arrangements for so doing should be laid down;
Whereas, the recognition of organizations of citrus-fruit producers, on the basis of certain specific conditions, is included in this Regulation; whereas, accordingly, Commission Regulation (EEC) No 2602/90 of 7 September 1990 laying down detailed rules concerning citrus-fruit producers' organizations (4) should be repealed;
Whereas the Management Committee for Fresh Fruit and Vegetables has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down the detailed rules for the application of Regulation (EC) No 2200/96 as regards the conditions for recognition of producer organizations pursuant to Article 11 of that Regulation.
2. For the purposes of this Regulation:
(a) 'producer` shall mean any individual or legal person who is a member of a producer organization to which he delivers his production for marketing in accordance with Regulation (EC) No 2200/96;
(b) 'marketed production` shall mean the production of members of a producer organization, disposed of in accordance with Article 11 (1) (c) (3) of Regulation (EC) No 2200/96 for the category of products for which recognition is requested, measured at the 'ex-producer organization` stage and, where applicable, as 'packaged or prepared but not processed product`;
(c) 'marketable production` shall mean marketed production, plus withdrawals.
Article 2
1. The minimum number of producers and the minimum volume of marketable production referred to in Article 11 (2) (a) of Regulation (EC) No 2200/96 are given in Annexes I and II to this Regulation.
2. Member States may replace the volume of production set out in Annex I by a percentage of the marketable production of a producer organization in terms of the average total production of the economic region where the producers in the organization are established. This percentage shall not be lower than 15 %. In such cases, the minimum number of producers shall be twenty for the producer organizations referred to in Article 11 (1) (a) (i) to (iv) of Regulation (EC) No 2200/96 and five for the producer organizations referred to in paragraph (1) (a) (vi) and (vii) and paragraph (3) of that Article.
Member States shall determine the economic regions in the light of the existing conditions of production and marketing. They shall notify the Commission of these regions.
3. For the purposes of applying paragraphs 1 and 2, the volume to be taken into consideration shall be the average volume of marketable production of all member producers during the three marketing years preceding recognition.
4. Member States may fix minimum numbers of producers and minimum volumes of marketable production greater than those laid down in paragraphs 1 and 2. They shall notify the Commission thereof.
Article 3
Member States shall take such measures as are required to avoid any abuse of power or influence by one or more producers on the management and operation of the producer organization. They shall notify the Commission of the measures taken before 1 July 1997.
Article 4
The turnover of a producer organization arising from the sale, where applicable after processing, of the production of its members may not be less than the turnover generated by the group's other activities. Activities relating to the production of other agricultural products and, where applicable, their development shall not be taken into consideration.
Article 5
In the case of transnational producer organizations, the rules applicable under this Regulation shall be those applicable in the Member State in which the organization's head office is located.
The head office of the organization must be located in a Member State where the organization has significant holdings or a significant number of members.
Article 6
Applications for recognition submitted by producer organizations shall indicate, from amongst those listed in Article 11 (1) (a) or 11 (3) of Regulation (EC) No 2200/96, the product category for which recognition is requested.
Article 7
New producer organizations resulting from the merger of bodies recognized under Regulation (EEC) No 1035/72 shall retain the acquired rights referred to in Article 53 of Regulation (EC) No 2200/96. If they do not secure recognition under Article 11 of Regulation (EC) No 2200/96, they shall be considered producer organizations as provided for in Article 13 (1) of that Regulation.
Article 8
1. The minimum membership period of a producer shall not be less than one year. However, where an operational plan pursuant to Regulation (EC) No 2200/96 has been submitted, no member may disclaim his obligations under that programme during the period of its implementation, except where the producer organization concerned gives its approval.
2. Resignation of membership shall be notified to the group in writing no later than 31 May, to take effect on 1 January of the following year. The rules of the producer organization may require a longer period of notice to be given.
Article 9
Member States shall submit a report relating to the preceding calendar year in accordance with the model set out in Annex III before 1 July.
Article 10
Regulation (EEC) No 2602/90 is hereby repealed.
Article 11
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 1997.
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COMMISSION REGULATION (EC) No 952/2008
of 26 September 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 27 September 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2008.
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COMMISSION REGULATION (EEC) No 3027/91 of 14 October 1991 amending the list annexed to Regulation (EEC) No 55/87 establishing the list of vessels exceeding eight metres length overall permitted to us beam trawls within certain areas of the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (1), as last amended by Regulation (EEC) No 4056/89 (2),
Having regard to Commission Regulation (EEC) No 55/87 of 30 December 1986 establishing the list of vessels exceeding eight metres length overall permitted to use beam trawls within certain areas of the Community (3), as last amended by Regulation (EEC) No 2962/91 (4), and in particular Article 3 thereof,
Whereas the Dutch and German authorities have requested replacement in the list annexed to Regulation (EEC) No 55/87 of 2 vessels that no longer meet the requirements laid down in Article 1 (2) of that Regulation; whereas the national authorities have provided all the information in support of the request required pursuant to Article 3 of Regulation (EEC) No 55/87; whereas scrutiny of this information shows that the requirements of the Regulation are met; whereas the vessels in question should be replaced in the list,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 55/87 is amended as 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. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 October 1991.
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COUNCIL DIRECTIVE 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic
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),
(1) Whereas Council Directive 85/3/EEC of 19 December 1984 on the weights, dimensions and certain other technical characteristics of certain road vehicles (4) established, in the framework of the common transport policy, common standards permitting improved use of road vehicles in traffic between Member States;
(2) Whereas Directive 85/3/EEC has been significantly amended on many occasions; whereas on the occasion of its further amendment it should for reasons of clarity and rationality be recast in a single text together with Council Directive 86/364/EEC of 24 July 1986 relating to proof of compliance of vehicles with Directive 85/3/EEC (5);
(3) Whereas differences between standards in force in the Member States with regard to the weights and dimensions of commercial road vehicles could have an adverse effect on the conditions of competition and constitute an obstacle to traffic between Member States;
(4) Whereas, under the principle of subsidiarity, action should be taken at Community level in order to remove this obstacle;
(5) Whereas the abovementioned standards reflect a balance between the rational and economical use of commercial road vehicles and the requirements of infrastructure maintenance, road safety and the protection of the environment and the fabric of live;
(6) Whereas common standards on the dimensions of vehicles intended for the carriage of goods should remain stable in the long term;
(7) Whereas additional technical requirements related to the weights and dimensions of vehicles may apply to commercial vehicles registered or put into circulation in a Member State; whereas these requirements must not constitute an obstacle to the circulation of commercial vehicles between Member States;
(8) Whereas the definition of 'thick-walled refrigerated vehicle` in Article 2 of Directive 85/3/EEC, as amended by Directive 89/388/EEC (6), should be broadened in order to permit Member States to allow refrigerated vehicles no longer meeting the insulation requirements defined in that Article to circulate in their territory;
(9) Whereas it is necessary to clarify the concept of 'indivisible load` in order to ensure uniform application of this Directive in respect of permits for vehicles or vehicle combinations carrying such loads;
(10) Whereas the tonne is universally used and understood as the unit of measurement for vehicle weight and is, therefore, applied in this Directive whilst recognizing that the formal unit of weight is the newton;
(11) Whereas, in implementation of the internal market, the scope of this Directive should be extended to national transport insofar as it concerns characteristics that significantly affect the conditions of competition in the transport sector and in particular the values relating to the maximum authorized length and width of vehicles and vehicle combinations intended for the carriage of goods;
(12) Whereas, for the other vehicle characteristics, Member States are authorized to apply in their territory different values from those laid down in this Directive only to vehicles used in national traffic;
(13) Whereas road trains using extensible coupling systems in practice attain a maximum length of 18,75 m when fully extended; whereas the same maximum length should be authorized for road trains using fixed coupling systems;
(14) Whereas the maximum authorized width of 2,50 m for vehicles intended for the carriage of goods can leave insufficient internal space for the efficient loading of pallets, which has given rise to the application of different tolerances beyond that level in the legislation of the Member States concerning domestic traffic; whereas a general adaptation to the current situation is therefore necessary in order to provide for clarity in technical requirements, bearing in mind the road safety aspects of these characteristics;
(15) Whereas if the maximum width of vehicles intended for the carriage of goods is increased to 2,55 m, that standard should also be applied to buses; whereas, in respect of buses, it is however necessary to provide for a transitional period to allow the manufacturers concerned to adapt industrial plant;
(16) Whereas, to prevent excessive road damage and to ensure manoeuvrability, when authorizing and using vehicles preference should be given to pneumatic or equivalent suspension rather than mechanical suspension; whereas certain maximum axle loads should not be exceeded, and the vehicle must be capable of turning through 360° within certain limit values for the path followed;
(17) Whereas Member States should be permitted, in national goods transport, to allow vehicles or vehicle combinations with dimensions deviating from those laid down in this Directive to circulate in their territory if the transport operations carried out by such vehicles are defined by this Directive as not significantly affecting international competition in the transport sector, i.e. operations carried out by specialized vehicles and operations carried out according to a modular concept;
(18) Whereas, in the case of modular concept operations, there should be provision for a transitional period to enable a Member State to adapt its road infrastructure;
(19) Whereas vehicles or vehicle combinations constructed applying new technologies or new concepts, according to standards which deviate from those laid down by this Directive, should be allowed to carry out local transport operations for a trial period to enable profit to be drawn from technical progress;
(20) Whereas vehicles which entered into service before the date of implementation of this Directive and which do not comply with the dimension characteristics laid down in this Directive, owing to previously differing national provisions or methods of measurement, should be allowed for a transitional period to continue to provide transport services within the Member State in which the vehicle is registered or put into circulation;
(21) Whereas progress has been made towards adopting Type-Approval Directives for vehicle combinations with five or six axles; whereas, the requirements regarding conformity with characteristics other than weights and dimensions as laid down in Annex II of Directive 85/3/EEC should therefore be deleted;
(22) Whereas such a modification is also necessary in order to avoid rules conflicting with international conventions on road traffic and circulation;
(23) Whereas in order to facilitate the monitoring of compliance with this Directive, it is necessary to ensure that vehicles carry proof of such compliance;
(24) Whereas this Directive does not affect the obligations of the Member States concerning the deadlines for transposition into national law and for application of the Directives which this Directive replaces,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive applies to:
(a) the dimensions of motor vehicles in categories M2, M3 and N2 and N3 and their trailers in categories 03 and 04, as defined in Annex II to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (7);
(b) the weights and certain other characteristics of the vehicles defined in (a) and specified in Annex I (2) to this Directive.
2. All the values of weights indicated in Annex I are valid as circulation standards and thus refer to loading conditions, not production standards, which will be defined in a later Directive.
Article 2
For the purposes of this Directive:
- 'motor vehicle` shall mean any power-driven vehicle which travels on the road by its own means,
- 'trailer` shall mean any vehicle intended to be coupled to a motor vehicle excluding semi-trailers, and constructed and equipped for the carriage of goods,
- 'semi-trailer` shall mean any vehicle intended to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle with a substantial part of its weight and of the weight of its load being borne by the motor vehicle, and constructed and equipped for the carriage of goods,
- 'vehicle combination` shall mean either:
- a road train consisting of a motor vehicle coupled to a trailer; or
- an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer,
- 'conditioned vehicle` shall mean any vehicle whose fixed or movable superstructures are specially equipped for the carriage of goods at controlled temperatures and whose side walls, inclusive of insulation, are each at least 45 mm thick,
- 'bus` shall mean a vehicle with more than nine seats including the driver's seat, constructed and equipped to carry passengers and their luggage. It may have one or two decks and may also draw a luggage trailer,
- 'articulated bus` shall mean a bus consisting of two rigid sections connected to each other by an articulated section. On this type of vehicle the passenger compartments in each of the two rigid sections shall be intercommunicating. The articulated section shall permit the free movement of travellers between the rigid sections. Connection and disconnection of the two sections shall be possible only in a workshop,
- 'maximum authorized dimensions` shall mean the maximum dimensions for use of a vehicle, as laid down in Annex I to this Directive,
- 'maximum authorized weight` shall mean the maximum weight for use of a laden vehicle in international traffic,
- 'maximum authorized axle weight` shall mean the maximum weight for use in international traffic of a laden axle or group of axles,
- 'indivisible load` shall mean a load that cannot, for the purpose of carriage by road, be divided into two or more loads without undue expense or risk of damage and which owing to its dimensions or mass cannot be carried by a motor vehicle, trailer, road train or articulated vehicle complying with this Directive in all respects,
- 'tonne` shall mean the weight executed by the mass of a tonne and shall correspond to 9,8 kilonewtons (kN),
All maximum authorized dimensions specified in Annex I shall be measured in accordance with Annex I to Directive 70/156/EEC, with no positive tolerances.
Article 3
1. A Member State may not reject or prohibit the use in its territory:
- in international traffic, of vehicles registered or put into circulation in any other Member State for reasons relating to their weights and dimensions,
- in national traffic, of goods vehicles registered or put into circulation in any other Member State for reasons relating to their dimensions,
provided that such vehicles comply with the limit values specified in Annex I.
This provision shall apply notwithstanding the fact that:
(a) the said vehicles are not in conformity with the requirements of that Member State with regard to certain weight and dimension characteristics not covered by Annex I;
(b) the competent authority of the Member State in which the vehicles are registered or put into circulation has authorized limits not referred to in Article 4 (1) exceeding those laid down in Annex I.
2. However, paragraph 1 (a) shall not affect the right of Member States, with due regard to Community law, to require vehicles registered or put into circulation in their own territory to be in conformity with their national requirements on weight and dimension characteristics not covered by Annex I.
3. Member States may require conditioned vehicles to carry an ATP certificate or ATP certification plate provided for in the Agreement of 1 September 1970 on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage.
Article 4
1. Member States shall not allow the normal circulation of vehicles or vehicle combinations for the national transport of goods in their territory which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I.
2. Member States may nonetheless allow circulation in their territory of vehicles or vehicle combinations for the national transport of goods freight which are not in conformity with the characteristics set out in 1.3, 2, 3, 4.1 and 4.3 of Annex I.
3. Vehicles or vehicle combinations which exceed the maximum dimensions may only be allowed to circulate on the basis of special permits issued without discrimination by the competent authorities, or on the basis of similar non-discriminatory arrangements agreed on a case-by-case basis with those authorities, where these vehicles or vehicle combinations carry or are intended to carry indivisible loads.
4. Member States may allow vehicles or vehicle combinations used for goods transport which carry out certain national transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I.
Transport operations shall be considered not significantly to affect international competition in the transport sector if one of the conditions under (a) and (b) is fulfilled:
(a) the transport operations are carried out in a Member State's territory by specialized vehicles or specialized vehicle combinations in circumstances in which they are not normally carried out by vehicles from other Member States, e.g. operations linked to logging and the forestry industry;
(b) the Member State which permits transport operations to be carried out in its territory by vehicles or vehicle combinations with dimensions deviating from those laid down in Annex I also permits motor vehicles, trailers and semi-trailers which comply with the dimensions laid down in Annex I to be used in such combinations as to achieve at least the loading length authorized in that Member State, so that every operator may benefit from equal conditions of competition (modular concept).
The Member State concerned which has to adapt its road infrastructure in order to be able to fulfil the condition under (b) may nevertheless prohibit, until 31 December 2003 at the latest, the circulation in its territory, in national goods transport operations, of vehicles or vehicle combinations which exceed current national standards on dimensions, provided that national legislation continues to apply to all Community carriers in a non-discriminatory manner.
The Member States shall inform the Commission of the measures taken pursuant to this paragraph.
5. Member States may allow vehicles or vehicle combinations incorporating new technologies or new concepts which cannot comply with one or more requirements of this Directive to carry out certain local transport operations for a trial period. Member States shall inform the Commission thereof.
6. Member States may allow vehicles or vehicle combinations used for goods transport and registered or put into circulation before the implementation of this Directive to circulate in their territory until 31 December 2006 with dimensions exceeding those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I by virtue of differing national provisions or methods of measurement.
Article 5
Without prejudice to Article 4 (6):
(a) articulated vehicles put into circulation before 1 January 1991 which do not comply with the specifications contained in points 1.6 and 4.4 of Annex I shall be deemed to comply with such specifications for the purposes of Article 3 if they do not exceed a total length of 15,50 m;
(b) road trains, the motor vehicle of which was put into circulation before 31 December 1991 and which do not comply with the specifications contained in points 1.7 and 1.8 of Annex I, shall until 31 December 1998 be deemed to comply with such specifications for the purposes of Article 3 if they do not exceed a total length of 18,00 m.
Article 6
1. Member States shall take the necessary measures to ensure that Article 1 vehicles referred to in Article 1 and complying with this Directive carry one of the proofs referred to in (a), (b) and (c):
(a) a combination of the following two plates:
- the 'manufacturer's plate` established and attached in accordance with Directive 76/114/EEC (8),
- the plate relating to dimensions, in accordance with Annex III, established and attached in accordance with Directive 76/114/EEC;
(b) a single plate established and attached in accordance with Directive 76/114/EEC and containing the information on the two plates referred to in (a);
(c) a single document issued by the competent authorities of the Member State in which the vehicle is registered or put into circulation. Such document shall bear the same headings and information as the plates referred to in (a). It shall be kept in a place easily accessible to inspection and shall be adequately protected.
2. If the characteristics of the vehicle no longer correspond to those indicated on the proof of compliance, the Member State in which the vehicle is registered shall take the necessary steps to ensure that the proof of compliance is altered.
3. The plates and documents referred to in paragraph 1 shall be recognized by the Member States as the proof of vehicle compliance provided for in this Directive.
4. Vehicles carrying proof of compliance may be subject:
- as regards common standards on weights, to random checks,
- as regards common standards on dimensions, only to checks where there is a suspicion of non-compliance with this Directive.
5. The middle column of the proof of compliance relating to weights shall contain, where appropriate, the Community weight standards applicable to the vehicle in question. As regards vehicles referred to in point 2.2.2 (c) of Annex I, the entry '44 tonnes` shall be included in brackets under the maximum authorized weight of the vehicle combination.
6. Each Member State may decide, in respect of any vehicle registered or put into circulation in its territory, that the maximum weights authorized by its national legislation shall be indicated in the proof of compliance in the left-hand column and the technically permissible weights in the right-hand column.
Article 7
This Directive shall not preclude the application of road traffic provisions in force in each Member State which permit the weight and/or dimensions of vehicles on certain roads or civil engineering structures to be limited, irrespective of the State of registration of such vehicles.
Article 8
Article 3 shall not apply in Ireland and the United Kingdom until 31 December 1998:
(a) as regards the standards referred to in points 2.2, 2.3.1, 2.3.3, 2.4 and 3.3.2 of Annex I:
- with the exception of the articulated vehicles referred to in point 2.2.2 where:
(i) the total laden weight does not exceed 38 tonnes;
(ii) the weight on any tri-axle at the spacing specified in point 3.3.2 does not exceed 22,5 tonnes,
- with the exception of the vehicles referred to in points 2.2.3, 2.2.4, 2.3 and 2.4, where the total laden weight does not exceed:
(i) 35 tonnes for the vehicles referred to in points 2.2.3 and 2.2.4;
(ii) 17 tonnes for the vehicles referred to in point 2.3.1;
(iii) 30 tonnes for the vehicles referred to in point 2.3.3, subject to compliance with the conditions specified in that point and in point 4.3;
(iv) 27 tonnes for the vehicles referred to in point 2.4,
(b) as regards the standard referred to in point 3.4 of Annex I, with the exception of the vehicles referred to in points 2.2, 2.3 and 2.4, where the weight per driving axle does not exceed 10,5 tonnes.
Article 9
As regards the standard referred to in point 1.2 (a) of Annex I, a Member State may reject or prohibit the use in its territory, until 31 December 1999, of buses with a width exceeding 2,5 m.
Member States shall inform the Commission of the measures taken pursuant to this Article. The Commission shall inform the other Member States thereof.
Article 10
The Directive listed in Annex IV, Part A, shall be repealed with effect from the date in Article 11, without prejudice to the obligations of the Member States concerning the deadlines for transposition set out in Annex IV, Part B.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex V.
Article 11
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 September 1997. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.
Article 12
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 13
This Directive is addressed to the Member States.
Done at Brussels, 25 July 1996.
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Commission Regulation (EC) No 2314/2001
of 29 November 2001
fixing the maximum export refund for white sugar for the 18th 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 18th 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 18th 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 40,745 EUR/100 kg.
Article 2
This Regulation shall enter into force on 30 November 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2001.
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Commission Decision
of 22 March 2001
approving the single programming document for Community structural assistance under Objectives 1 and 2 to the National Computerisation Programme in France
(notified under document number C(2001) 652)
(Only the French text is authentic)
(2002/434/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Article 15(5) thereof,
After consulting the Committee on the Development and Conversion of Regions, the Committee pursuant to Article 147 of the Treaty and the Committee on Agricultural Structures and Rural Development,
Whereas:
(1) Articles 13 et seq. of Title II of Regulation (EC) No 1260/1999 lay down the procedure for preparing and implementing single programming documents.
(2) Article 15(1) and (2) of Regulation (EC) No 1260/1999 provides that, after consultation with the partners referred to in Article 8 of the Regulation, the Member State may submit to the Commission a development plan which is treated as a draft single programming document, and which contains the information referred to in Article 16 of the Regulation.
(3) Under Article 15(5) of Regulation (EC) No 1260/1999, on the basis of the regional development plan submitted by the Member State and within the partnership established in accordance with Article 8 of that Regulation, the Commission is to take a decision on the single programming document, in agreement with the Member State concerned and in accordance with the procedures laid down in Articles 48 to 51.
(4) The French Government submitted to the Commission on 28 April 2000 an acceptable draft single programming document for the National Computerisation Programme, fulfilling the conditions for Objectives 1 and 2 pursuant to Articles 3(1) and 4(1) of Regulation (EC) No 1260/1999 and qualifying for transitional support under Objectives 1 and 2 pursuant to Article 6(1) and (2) of that Regulation. The draft contains the information listed in Article 16 of the Regulation, and in particular a description of the priorities selected and an indication of the financial contribution from the European Regional Development Fund (ERDF) and the other financial instruments to be used to implement the plan.
(5) The date of submission of the draft which was considered acceptable by the Commission constitutes the date from which expenditure under the plan is eligible. Under Article 52(4) of Regulation (EC) No 1260/1999, as an acceptable plan was submitted between 1 January and 30 April 2000, the date from which expenditure under the plan is eligible is 1 January 2000. Under Article 30 of the Regulation, it is necessary to lay down the final date for the eligibility of expenditure.
(6) The single programming document has been drawn up in agreement with the Member State concerned and within the partnership.
(7) The Commission has satisfied itself that the single programming document is in accordance with the principle of additionality.
(8) Under Article 10 of Regulation (EC) No 1260/1999, the Commission and the Member State are required to ensure, in a manner consistent with the principle of partnership, coordination between assistance from the Funds and from the EIB and other existing financial instruments.
(9) The EIB has been involved in drawing up the single programming document in accordance with the provisions of Article 15(5) of Regulation (EC) No 1260/1999 and has declared itself prepared to contribute to its implementation in conformity with its statutory provisions.
(10) The financial contribution from the Community available over the entire period and its year-by-year breakdown are expressed in euro. The annual breakdown should be consistent with the relevant financial perspective. Under Article 7(7) of Regulation (EC) No 1260/1999, the Community contribution has already been indexed at a rate of 2 % per year. Under Article 7(7) and Article 44(2) of the Regulation, the Community contribution may be reviewed at mid-term, and not later than 31 March 2004, to take account of the effective level of inflation and the allocation of the performance reserve.
(11) Provision should be made for adapting the financial allocations of the priorities of this single programming document within certain limits to actual requirements reflected by the pattern of implementation on the ground, in agreement with the Member State concerned,
HAS ADOPTED THIS DECISION:
Article 1
The single programming document for the National Computerisation Programme in France for the period 1 January 2000 to 31 December 2006 is hereby approved.
Article 2
1. In accordance with Article 19 of Regulation (EC) No 1260/1999, the single programming document includes the following elements:
(a) the strategy and priorities for the joint action of the Structural Funds and the Member State; their specific quantified targets; the ex-ante evaluation of the expected impact, including on the environmental situation, and the consistency of the priorities with the economic, social and regional policies and the employment strategy of France. The priorities are as follows:
1. non-material investments in computerisation;
2. material investments required to carry out the project;
3. technical assistance;
(b) a summary description of the measures planned to implement the priorities, including the information needed to check compliance with the State aid rules under Article 87 of the Treaty;
(c) he indicative financing plan specifying for each priority and each year the financial allocation envisaged for the contribution from each Fund and indicating separately the funding planned for the regions receiving transitional support under Objective 1 and the total amounts of eligible public or equivalent expenditure and estimated private funding in the Member State. The total contribution from the Funds planned for each year for the single programming document is consistent with the relevant financial perspective;
(d) the provisions for implementing the single programming document including designation of the managing authority, a description of the arrangements for managing the single programming document and the use to be made of global grants, a description of the systems for monitoring and evaluation, including the role of the Monitoring Committee and the arrangements for the participation of the partners in that Committee;
(e) the ex-ante verification of compliance with additionality and information on the transparency of financial flows.
2. The indicative financing plan puts the total cost of the priorities selected for the joint action by the Community and the Member State at EUR 34666666 for the whole period and the financial contribution from the Structural Funds at EUR 19333333.
The resulting requirement for national resources of EUR 15333333 from the public sector can be partly met by Community loans from the European Investment Bank and other lending instruments.
Article 3
1. The total assistance from the Structural Funds granted under the single programming document amounts to EUR 19333333. The procedure for granting the financial assistance, including the financial contribution from the Funds for the various priorities included in the single programming document, is set out in the financing plan annexed to this Decision.
2.
TABLE
3. In the case of the Objective 1 appropriations, during implementation of the financing plan, the total cost or Community financing of a given priority may be adjusted in agreement with the Member State by up to 25 % of the total Community contribution to the single programming document throughout the programme period, up to a maximum of EUR 60 million, without altering the total Community contribution referred to in paragraph 1.
In the case of the Objective 2 appropriations, during implementation of the financing plan, the total cost or Community financing of a given priority may be adjusted in agreement with the Member State by up to 25 % of the total Community contribution to the single programming document throughout the programme period, up to a maximum of EUR 30 million, without altering the total Community contribution referred to in paragraph 1.
Article 4
The date from which expenditure shall be eligible is 1 January 2000. The closing date for the eligibility of expenditure shall be 31 December 2008.
Article 5
This Decision is addressed to the French Republic.
Done at Brussels, 22 March 2001.
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COUNCIL REGULATION (EEC) No 3349/83 of 14 November 1983 on the application in the Community of Decision No 1/83 of the EEC-Austria Joint Committee - Community transit - amending the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit
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 Article 16 of the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit (1) empowers the Joint Committee set up under that Agreement to adopt decisions making certain amendments to the Agreement;
Whereas the Joint Committee has decided to amend the specimen guarantee documents in Appendix III to the Agreement;
Whereas the abovementioned amendments are the subject of Decision No 1/83 of the Joint Committee ; whereas it is necessary to adopt the measures necessary for the implementation of that Decision,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/83 of the EEC-Austria Joint Committee - Community transit - amending the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit shall apply in the Community.
The text of the Decision is attached 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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 1983.
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COMMISSION REGULATION (EC) No 553/2008
of 17 June 2008
amending Annex VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies
(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 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular Article 23 thereof,
Whereas:
(1)
Regulation (EC) No 999/2001 lays down rules for the monitoring of transmissible spongiform encephalopathies in bovine, ovine and caprine animals and for eradication measures to be carried out following confirmation of a transmissible spongiform encephalopathy (TSE) in ovine and caprine animals.
(2)
Annex VII to Regulation (EC) No 999/2001 lays down the eradication measures to be carried out following confirmation of an outbreak of TSE in ovine and caprine animals.
(3)
Although TSE has been known to be present in ovine and caprine animals for over two hundred years, there is no evidence of any relationship between outbreaks of TSE in those animals and outbreaks of TSE in humans. Nevertheless, in 2000 the Commission introduced a comprehensive set of measures for the monitoring, prevention, control and eradication of TSE in ovine and caprine animals, on the basis of the limited scientific knowledge available at that time, and in order to ensure that sourcing from ovine and caprine animals’ materials is as safe as possible.
(4)
Those measures are aimed at gathering as much data as possible on the prevalence of TSE other than bovine spongiform encephalopathy (BSE) in ovine and caprine animals, and on possible links with BSE and transmissibility to humans. The measures are also aimed at reducing as much as possible the occurrence of TSE. The measures include the removal of specified risk materials, an extensive active monitoring programme, measures applicable to flocks infected with TSE and voluntary breeding schemes to increase resistance to TSE in the ovine population. Since the introduction of such measures and with the information obtained from active surveillance programmes carried out in the Member States, no epidemiological link has ever been established between TSE, other than BSE, in ovine and caprine animals and TSE in humans.
(5)
Article 7 of 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 (2) provides that in specific circumstances where, following an assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures necessary to ensure a high level of health protection may be adopted, pending further scientific information for a more comprehensive risk assessment. It also stipulates that such measures must be proportionate and no more restrictive of trade than is required to achieve the high level of health protection sought, regard being had to technical and economic feasibility and other factors regarded as legitimate in the matter under consideration. The measures are to be reviewed within a reasonable period of time.
(6)
On 8 March 2007 the European Food Safety Authority (EFSA) adopted an opinion on certain aspects related to the risk of TSE in ovine and caprine animals (3). In that opinion, EFSA concluded that ‘there is no evidence for an epidemiological or molecular link between classical and/or atypical scrapie and TSEs in humans. The BSE agent is the only TSE agent identified as zoonotic. However, in view of their diversity it is currently not possible to exclude transmissibility to humans of other animal TSE agents’. It also concluded that ‘current discriminatory tests as described in the Community legislation to be used for discrimination between scrapie and BSE appear, up to now, to be reliable for the differentiation of BSE from classical and atypical scrapie. However, at the current stage of scientific knowledge, neither their diagnostic sensitivity nor their specificity can be assumed to be perfect’.
(7)
Following that opinion and in the framework of the Communication from the Commission - TSE Road map of 15 July 2005 (4), and in line with the SANCO work programme 2006-07 on TSEs of 21 November 2006 (5), Commission Regulation (EC) No 727/2007 of 26 June 2007 amending Annexes I, III, VII and X to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (6) was adopted. The amendments made to Regulation (EC) No 999/2001 by Regulation (EC) No 727/2007 were aimed at adjusting the measures initially taken as regards TSE in ovine and caprine animals, to take account of updated scientific evidence. Regulation (EC) No 999/2001, as amended by Regulation (EC) No 727/2007, therefore discontinued the obligation to cull the entire flock and provided for certain alternative measures to culling in the event of confirmation of an outbreak of TSE in a holding of ovine or caprine animals and where the presence of bovine spongiform encephalopathy (BSE) had been excluded. In particular, taking into account the fact that the sector for ovine and caprine animals is different across the Community, Regulation (EC) No 999/2001, as amended by Regulation (EC) No 727/2007, introduced the possibility for Member States to apply alternative policies, as laid down in Regulation (EC) No 727/2007, depending on the specific characteristics of the sector in each Member State.
(8)
On 17 July 2007, in Case T-257/07, France brought an action against the European Commission before the Court of First Instance of the European Communities, applying for the partial annulment of point 2.3(b)(iii), point 2.3(d) and point 4 of Chapter A of Annex VII to Regulation (EC) No 999/2001, as amended by Regulation (EC) No 727/2007, in particular regarding the measures to be applied to TSE-affected flocks, or alternatively the entire annulment of that Regulation. In its Order of 28 September 2007 (7), the Court suspended the application of those provisions pending delivery of a final judgment.
(9)
In the Order of 28 September 2007, the Commission’s assessment of the available scientific data on the possible risks was questioned. Accordingly, the Commission subsequently asked EFSA to assist it in clarifying the two main premises on which Regulation (EC) No 727/2007 was based. Firstly, the absence of any scientific evidence demonstrating that any TSE agent, other than BSE, may be considered to be a zoonotic agent. Secondly, the possibility to distinguish through molecular and biological tests between BSE and other animal TSE in ovine and caprine animals. On 24 January 2008, EFSA adopted the scientific and technical clarification (8), as regards the interpretation of some facets of the conclusions of its Opinion of 8 March 2007, which had been taken into account for the adoption of Regulation (EC) No 727/2007.
(10)
As regards the transmissibility of TSE, EFSA confirmed that:
-
in ovine animals, no TSE agents other than those causing Classical Scrapie and Atypical Scrapie have been identified,
-
in caprine animals, no TSE agents other than those causing BSE, Classical Scrapie and Atypical Scrapie have been identified,
-
the operational term ‘BSE’ covers a TSE of bovine animals that could be caused by at least three distinct TSE agents with heterogeneous biological properties,
-
the operational term ‘Classical Scrapie’ covers a TSE of ovine and caprine animals caused by several TSE agents with heterogeneous biological properties,
-
the operational term ‘Atypical Scrapie’ covers a TSE of ovine and caprine animals that differs from Classical Scrapie. Currently, it is a subject for debate whether it is caused by one or more TSE agents.
(11)
However, EFSA cannot exclude transmissibility to humans of other TSE agents other than BSE as:
-
experimental transmissions to primate and to transgenic mouse models expressing the human PrP gene are currently used to evaluate the potential capacity of a TSE agent to cross the human species barrier,
-
TSE agents other than the Classical BSE agent from three field TSE cases (two Classical Scrapie cases and one L type BSE case) have been demonstrated to cross the modelled human species barrier,
-
some limitations to these models have to be considered, including the uncertainty of how well they represent the human species barrier and the uncertainty of how well the experimental inoculation route employed represents exposure under natural conditions.
(12)
It appears from EFSA’s clarifications that the biodiversity of the disease agents in ovine and caprine animals is an important element which does not make it possible to exclude transmissibility to humans and that that diversity increases the likelihood of one of the TSE agents being transmissible. However, EFSA acknowledges that there is no scientific evidence of any direct link between TSE in ovine and caprine animals, other than BSE, and TSE in humans. The EFSA viewpoint that transmissibility to humans of TSE agents in ovine or caprine animals cannot be excluded is based on experimental studies on human species barrier and animal models (primates and mice). Those models, however, do not take into account genetic characteristics of humans which have a major influence on relative susceptibility to prion diseases. They also have limitations when extrapolating results to natural conditions, in particular regarding how well they represent the human species barrier and the uncertainty of how well the experimental inoculation route employed represents exposure under natural conditions. On that basis, it may be considered that although a risk of transmissibility to humans of TSE agents in ovine or caprine animals cannot be excluded, that risk would be extremely low, taking into account the fact that the evidence of transmissibility is based on experimental models which do not represent the natural conditions related to the real human species barrier and the real routes of infection.
(13)
As regards the discriminatory tests, EFSA confirmed that:
-
based on the limited data available, the discriminatory tests as implemented at European Union level are practicable tools for screening of field TSE cases, as referred to in point 3.2(c) of Chapter C of Annex X to Regulation (EC) No 999/2001, fulfilling the objective of rapid and reproducible identification of TSE cases that have a signature compatible with Classical BSE agent,
-
those discriminatory tests cannot be considered to be perfect because of the current lack of understanding of both the true biodiversity of TSE agents in ovine and caprine animals and how the agents interact in case of co-infection.
(14)
Following a request by the Commission for clarification as to whether the absence of statistically sufficient data on the performance of the tests is compensated by the procedure in place, which includes a ring trial with additional molecular testing methods in different laboratories and an evaluation by an expert panel chaired by the Community Reference Laboratory for TSEs, EFSA explained that:
-
despite consistent performance in ring trials employing samples from experimental ovine BSE cases, there is uncertainty on about their performance in the field because of the lack of detection of natural BSE in ovine or caprine animals,
-
TSE positive cases go through the full discriminatory process, including bioassay, only when biochemical discriminatory testing is compatible with BSE signature; therefore, data obtained through this process cannot be used for the evaluation of the sensitivity or the specificity of the discriminatory tests,
-
increasing the number of negative results during TSE discriminatory testing of ovine or caprine animals cannot compensate for the absence of statistically sufficient data on the performance of the tests.
(15)
EFSA acknowledged that the discriminatory tests established in Regulation (EC) No 999/2001 are practicable tools fulfilling the objective of rapid and reproducible identification of TSE cases that have a signature compatible with the classical BSE agent. Given the absence of scientific evidence of co-infection of BSE and other TSE agents in ovine or caprine animals in natural conditions, and given that the prevalence of BSE in ovine, if present, or caprine animals is very low and therefore the possibility of co-infection would be even lower, the number of BSE cases missed in ovine and caprine animals would be extremely low. Therefore, although the discriminatory tests cannot be considered to be perfect, it is appropriate to consider them as a suitable tool for the purposes of the TSE eradication objectives pursued by Regulation (EC) No 999/2001.
(16)
In its Opinion of 25 January 2007 (9), EFSA gave an estimation of the likely prevalence of BSE in ovine animals. The Authority concluded that in high-risk countries there is a rate of less than 0,3 to 0,5 cases of BSE per 10 000 healthy slaughtered animals. EFSA also stated that in the European Union ‘there is a 95 % confidence that the number of cases is equal to or below four cases per million sheep; at a 99 % confidence level, the number becomes equal to or below six cases per million. Since no BSE case has yet to be confirmed in sheep, the most likely prevalence is zero’. Since the introduction in 2005 of the discriminatory tests procedure, as set out in point 3.2(c) of Chapter C of Annex X to Regulation (EC) No 999/2001, 2 798 discriminatory tests have been carried out in TSE-affected ovine animals and 265 discriminatory tests have been carried out in TSE-affected caprine animals and none of them have been confirmed as BSE-like.
(17)
A high level of protection of human life and health is assured in the pursuit of Community policies. Community measures governing food and feed must be based on an appropriate assessment of the possible risks for human and animal health and must, taking into account existing scientific evidence, maintain or, if scientifically justified, increase the level of protection of human and animal health. It is impossible, however, to consider the complete elimination of risk as a realistic objective for any risk management decision in matters regarding food safety, where the cost and benefits of risk-reducing measures have to be carefully weighed in order to ensure the measure’s proportionality. It is the role and responsibility of the risk manager to decide the acceptable level of risk, taking into account all the elements present in a scientific risk assessment.
(18)
The Commission, in its role as risk manager on EU level, is responsible for establishing the acceptable level of risk and adopting measures that are the most appropriate for maintaining a high level of protection of public health. It has reviewed and assessed the most recent scientific information as regards the transmissibility of TSE to humans. It has assessed any risk that is present as being currently very low.
(19)
The measures set out in Annex VII to Regulation (EC) No 999/2001 should therefore be reassessed in order to ensure that they do not impose a burden on the Member States and economic operators that is not appropriate to the level of risk involved and disproportionate to the objective pursued.
(20)
The measures laid down in Annex VII to Regulation (EC) No 999/2001 should therefore be amended in order to make it possible for Member States to dispense with the requirement of total or partial herd culling if a TSE case is detected in ovine or caprine animals.
(21)
Regulation (EC) No 999/2001 should therefore be amended accordingly.
(22)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Annex VII to Regulation (EC) No 999/2001 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 60th 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, 17 June 2008.
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COUNCIL REGULATION (EEC) No 9/81 of 1 January 1981 concerning stocks of agricultural products in Greece on 1 January 1981
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the 1979 Act of Accession, and in particular Article 72 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Article 71 of the Act of Accession provides that any stock of products in free circulation in Greek territory on 1 January 1981 and which in quantity exceeds what may be considered representative of a normal carry-over must be eliminated by and at the expense of Greece;
Whereas it is not necessary to determine the stocks of certain products, either because of the nature of these products or because they are not financed through the European Agricultural Guidance and Guarantee Fund;
Whereas, for reasons relating to the management of agricultural markets, steps should be taken to prevent the elimination of the products referred to in Article 71 of the Act of Accession resulting in the creation of two parallel markets for one and the same product ; whereas the purpose of Article 71 may be achieved through financing measures;
Whereas the term "any stock of products" covers both public and private stocks;
Whereas criteria should be laid down whereby the quantity considered as a normal carry-over stock may be established ; whereas, to this end, due account should be taken of the requirements of the Greek market over periods which may vary with the nature of the products;
Whereas the stocks to be eliminated at the expense of Greece may, as a rule, be determined on the basis of data already available or on the basis of estimates ; whereas it would seem necessary, however, to provide for the organization of a survey,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the general rules for the application of Article 71 of the Act of Accession.
Article 2
This Regulation does not apply to products
- which cannot be stored, or
- in respect of which there is no risk of speculation, or
- in respect of which there are no export refunds or intervention measures of the types listed in the Annex to Regulation (EEC) No 1883/78 (1), or
- which belong to the tobacco sector.
Article 3
1. The following shall be considered as products in free circulation in Greek territory: (a) products obtained wholly in Greece;
(b) products - obtained wholly or partially from products which come from countries other than Greece, or
- imported from countries other than Greece;
in respect of which import formalities have been completed and the customs duties or charges having equivalent effect have been levied, and which have not qualified for a total or partial drawback of such duties or charges.
2. Any quantity of products belonging to, or held by, Greece or by any legal or natural person, with the exception of minimal quantities, shall be considered as a stock of products.
Article 4
A survey may be organized to determine the stocks of products in Greek territory on 1 January 1981.
Article 5
1. The following shall be considered as a normal carry-over stock: (a) the reserve stock considered necessary to deal with exceptional situations, and
(1) OJ No L 216, 5.8.1978, p. 1. (b) the operating operating stock necessary to meet the requirements of the Greek market over a period to be determined.
The period to be determined shall not exceed the remainder of the current marketing year for each of the products concerned ; where there is no marketing year, the period shall end not later than 31 December 1981.
The requirements of the Greek market shall be assessed in terms of consumption, processing and traditional exports.
2. Stocks consisting of quantities of products which have been the subject of abnormal and speculative activities shall not, however, be considered as normal carry-over stocks.
For the purposes of this paragraph, a decrease in the flow of products traded may be considered as an abnormal activity.
Article 6
1. The EAGGF, Guarantee Section, shall not be responsible for expenditure on refunds or, where applicable, on intervention measures resulting from the disposal of quantities of products for which the stock referred to in Article 71 of the Act of Accession has been determined, even if covered by specific declarations to the Commission in documents forwarded pursuant to Article 5 of Regulation (EEC) No 729/70 (1).
2. The quantities of products for which the stock referred to in Article 71 of the Act of Accession has been determined shall be regarded as having been the first to be disposed of.
3. For each product concerned, the quantity and the nature of the expenditure for which no responsibility is taken shall be determined.
In cases where more than one type of expenditure may be applicable in respect of one and the same product, the quantities of that product shall be determined in respect of each type of expenditure and need not be the same.
4. Detailed rules for the implementation of this Article shall be adopted, if necessary, in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70.
Article 7
Should the market situation, particular account being taken of trade patterns and the quantities delivered into intervention, indicate that the quantities of products used as a basis for determining stocks are inappropriate, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt the necessary measures.
Article 8
The detailed rules for the implementation of this Regulation shall be adopted in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC (2) or, as appropriate, in the corresponding Articles of the other Regulations on the common organization of agricultural markets.
These rules shall, in particular: (a) include a list of the products for which Greece is to carry out a survey of stocks;
(b) determine the stock referred to in Article 71 of the Act of Accession in the case of products the quantities of which exceed the normal carry-over stock;
(c) determine the quantities and types of expenditure specified in Article 6 (3) above;
(d) specify the information which Greece is to forward to the Commission.
Article 9
This Regulation shall enter into force on 1 January 1981.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 January 1981.
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Commission Decision
of 24 January 2003
amending Decision 2000/258/EC designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines, as regards the approval of laboratories in third countries
(notified under document number C(2003) 325)
(Text with EEA relevance)
(2003/60/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2000/258/EC, of 20 March 2000, designating a specific institute responsible for establishing the criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines(1), and, in particular, Article 4 thereof,
Whereas:
(1) Afssa Nancy is the reference laboratory for post-antirabies-vaccination serological testing and is in charge of the organisation of the inter-laboratories aptitude test for the approval of laboratories willing to perform those serological tests.
(2) Afssa Nancy has proposed to the Commission that laboratories in third countries which have passed the proficiency test should be approved.
(3) It is therefore necessary to provide for a procedure for the communication of the approval of laboratories in third countries.
(4) Decision 2000/258/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 Annex II to Decision 2000/258/EC, the fifth indent is replaced by the following:
"- collaborate with the laboratories responsible for carrying out these analyses in third countries and communicate to the Commission the list of these laboratories which have passed the inter-laboratory aptitude test (proficiency test). These lists will be published on the following website:
http://forum.europa.eu.int/ Public/irc/sanco/vets/information".
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 24 January 2003.
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Commission Regulation (EC) No 2868/2000
of 27 December 2000
amending Regulation (EC) No 571/97 establishing detailed rules for the application in the pigmeat sector of the Interim Agreement on trade and trade-related measures between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2475/2000 of 7 November 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe agreement with Slovenia(1), and in particular Article 1(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 571/97(2) lays down rules of application in the pigmeat sector for the arrangements in the Interim Agreement on trade and trade-related measures between European Communities and the Republic of Slovenia. It should be amended in line with the provisions on pigmeat products in Regulation (EC) No 2475/2000.
(2) Repayment of import duties on products listed in Annex I to Regulation (EC) No 571/97 as it existed before entry into force of this Regulation and imported under licences used from 1 July 2000 falls within the scope of Articles 878 to 898 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(3), as last amended by Regulation (EC) No 2787/2000(4).
(3) In order to ensure proper management of the quantities it is necessary to set a final date for the validity of licences at the end of each quota year.
(4) In order to facilitate trade of pigmeat and to harmonise the levels of securities for import licences within the meat sectors it is necessary to review the level of security set in Regulation (EC) No 571/97.
(5) Application of this Regulation from 1 July 2000 in parallel with Regulation (EC) No 2475/2000 is required.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 571/97 is amended as follows:
1. Paragraph 3 of Article 4 is replaced by the following:"A security of EUR 20 per 100 kg shall be lodged for import licence applications for all products referred to in Article 1."
2. Article 5 is replaced by the following:"For the purposes of Article 21(2) of Regulation (EEC) No 3719/88 import licences shall be valid for 150 days from their actual date of issue.
However, licences shall not be valid beyond 31 December of the year of issue.
Licences shall not be transferable."
3. Annex I is replaced by 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 with effect from 1 July 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 December 2000.
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COMMISSION REGULATION (EEC) No 2855/77 of 21 December 1977 amending Regulation No 91/66/EEC as regards the number of returning holdings per division for the "1978" and subsequent accounting years
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (1), as last amended by Regulation (EEC) No 2910/73 (2), and in particular Article 4 (4) thereof,
Whereas Article 3 of Commission Regulation No 91/66/EEC of 29 June 1966 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings (3), as last amended by Regulation (EEC) No 3003/76 (4), fixes the number of returning holdings per division;
Whereas the 28 000 returning holdings should be distributed finally among the divisions on the basis of the results of the Community survey of the structure of agricultural holdings in 1975, presented in accordance with the Community classification of farms ; whereas, pending these results, such distribution should be based on the estimates made by Member States;
Whereas owing to the technical difficulties encountered by certain Member States the number of 28 000 returning holdings, which is the final objective of the extension of the information network, will not be reached for "1978" ; whereas these difficulties will be overcome so that the objective can be attained for "1979";
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee for the Farm Accountancy Data Network,
HAS ADOPTED THIS REGULATION:
Article 1
For the "1978" and subsequent accounting years, Annex III to Regulation No 91/66/EEC is replaced by the Annex to this Regulation, each year to begin at any time during the period 1 January to 1 July.
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 December 1977.
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COMMISSION REGULATION (EC) No 1390/94 of 17 June 1994 laying down detailed rules for the period 1 July 1994 to 30 June 1995 for the application of the import arrangements for fresh, chilled or frozen beef provided by the Europe Agreements between the Community and the Republic of Poland and the Republic of Hungary and by the Interim Agreement with the former Czech and Slovak Federal Republic
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3491/93 of 13 December 1993 on certain procedures for applying the Europe Agreement establishing an association between the European Economic Communities and their Member States, of the one part, and the Republic of Hungary (1) of the other part, and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 3492/93 of 13 December 1993 on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland (2), of the other part, and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 520/92 of 27 February 1992 on certain procedures for applying the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic (3), of the other part, as amended by Regulation (EEC) No 2235/93 (4), and in particular Article 1 thereof,
Whereas the Association Agreements between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Hungary and the Republic of Poland, of the other part, entered into force on 1 February 1994; whereas, pending the entry into force of the Association Agreement concluded with the former Czech and Slovak Federal Republic, the Community has decided to apply with effect from 1 March 1992 an interim agreement concluded with the aforesaid country, hereinafter referred to as 'Interim Agreement';
Whereas the Czech and Slovak Federal Republic was dissolved with effect from 1 January 1993; whereas, as successor States to the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic will continue to assume all obligations arising from all agreements between the Czech and Slovak Federal Republic and the Eurpean Communities, and in particular from the Interim Agreement; whereas the said Interim Agreement was amended by additionnal protocols and by Supplementary Protocols concluded with the Czech Republic and the Slovak Republic;
Whereas the protocols respective to the said Agreements lay down that the quantities of fresh, chilled or frozen beef falling within CN codes 0201 and 0202 specified in Annexes Xb and XIIIb respectively to the Agreements are to be subject to a reduction of 60 % in the levy and in the Common Customs Tariff (CCT) duty from 1 July 1993 and that the quantities fixed in tonnes for the year 1995 are applicable from 1 July 1994 to 30 June 1995;
Whereas to ensure the regularity of imports of the quantities fixed for year 4, those quantities should be spread over the period 1 July 1994 to 30 June 1995;
Whereas provision is also made for the quantities of meat exported from one of the four beneficiary countries in the context of triangular operations receiving Community financial assistance to be deducted from the available quantities; whereas, therefore, provision should be made for calculation mechanisms to take account of those operations;
Whereas, while recalling the provisions of the Agreements intended to guarantee the origin of the product, the system should be managed on the basis of import licences; whereas, to that end, detailed rules should be laid down concerning, in particular, the submission of applications and the information which must be included on the applications and licences, notwithstanding certain provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (5), as last amended by Regulation (EEC) No 3519/93 (6), and of Commission Regulation (EEC) No 2377/80 of 4 September 1980 on special detailed rules for the application of the system of import and export licences in the beef and veal sector (7), as last amended by Regulation (EEC) No 1084/94 (8); whereas it should also be laid down that the licences are to be issued after a delay for consideration and, where necessary, with the application of a single percentage reduction;
Whereas, in order to ensure efficient management of the system, provision should be made for the security in respect of the import licences under the said system to be fixed at ECU 10 per 100 kilograms; whereas the risk of speculation inherent in the system in question in the beef and veal sector requires that access to the system should be subject to precise conditions;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantity of beef which may be imported from 1 July 1994 to 30 June 1995 within the framework of the import arrangements established in Agreement shall be fixed at:
- 5 200 tonnes for meat originating in Poland,
- 6 200 tonnes for meat originating in Hungary,
- 2 500 tonnes for meat originating in the Czech Republic,
- 1 250 tonnes for meat originating in the Slovak Republic.
2. The abovementioned quantities shall be staggered over the year as follows:
- 25 % during the period 1 July to 30 September 1994,
- 25 % during the period 1 October to 31 December 1994,
- 25 % during the period 1 January to 31 March 1995,
- 25 % during the period 1 April to 30 June 1995.
From the quantities available during the last period shall be deducted the quantities which are the subject of the triangular operations referred to in Annexes Xb to the Agreements with Poland and Hungary and in Annexes XIIIb to the Supplementary Protocols to the Agreement with the former CSFR. However, the total quantities available for year 4 may not be less than the minimum quantities indicated therein.
3. If, during year 4, the quantity for which applications for import licences have been submitted for the first, second or third period specified in the previous paragraph is less than the available quantity, the quantity remaining shall be added to the quantity available for the following period.
Article 2
1. The reduced import levy applicable to beef and veal shall amount to 60 % of the full rates applying on the day of acceptance of the declaration of release for free circulation.
2. In order to qualify under the import arrangements:
(a) applicants for import licences must be natural or legal persons who, at the time applications are submitted, can prove to the satisfaction of the competent authorities of the Member State concerned that they have been active in trade in beef and veal with third countries during the last 12 months and are entered in the official register of a Member State;
(b) licence applications may be presented only in the Member State in which the applicant is registered;
(c) licence applications must cover at least 15 tonnes of meat by product with and at most the quantity available for the period in question;
(d) Section 7 of licence applications and licences shall show the country of provenance and Section 8 shall show the country of origin; licences shall carry with them an obligation to import from the country indicated;
(e) Section 20 of licence applications and licences shall show one of the following:
Reglamento (CE) no 1390/94,
Forordning (EF) nr. 1390/94,
Verordnung (EG) Nr. 1390/94,
Kanonismos (EK) arith. 1390/94,
Regulation (EC) No 1390/94,
Règlement (CE) no 1390/94,
Regolamento (CE) n. 1390/94,
Verordening (EG) nr. 1390/94,
Regulamento (CE) nº 1390/94;
(f) Section 24 of licences shall show one of the following:
Exacción reguladora, y derecho del AAC tal como establece el Reglamento (CE) no 1390/94,
Importafgift og FTT-told i henhold til til forordning (EF) nr. 1390/94,
Abschoepfung und Zoll des GZT gemaess Verordnung (EG) Nr. 1390/94,
Eisfora kai dasmos toy KD opos provlepetai apo ton kanonismo (EK) arith. 1390/94,
Levy and CCT duty as provided for in Regulation (EC) No 1390/94,
Prélèvement et droit du TDC comme prévus par le règlement (CE) no 1390/94,
Prelievo e dazio della TDC a norma del regolamento (CE) n. 1390/94,
Heffing en recht van het GDT overeenkomstig Verordening (EG) nr. 1390/94,
Direito nivelador e direito da PAC previstos no Regulamento (CE) nº 1390/94.
3. Notwithstanding Article 8 (2) of Regulation (EEC) No 2377/80, Section 16 of licence applications and licences may include one or more subheadings of CN codes 0201 and 0202.
Article 3
1. Licence applications may be lodged only:
- from 1 to 11 July 1994,
- from 1 to 10 October 1994,
- from 4 to 10 January 1995,
- from 1 to 10 April 1995.
2. Where the same applicant lodges more than one application relating to the same country of origin, all applications from that person shall be inadmissible.
3. The Member States shall notify the Commission of the applications lodged not later than the fifth working day following the end of the period for submission of applications. Such notification shall comprise a list of applicants and quantities applied for as well as countries of origin of the products.
All notifications, including notifications of invalid applications, shall be made by telex or fax, using the model in Annex I to this Regulation, where applications have been made.
4. The Commission shall decide to what extent quantities may be awarded in respect of licence applications.
If the quantities in respect of which licences have been applied for exceed the quantities available, the Commission shall fix a single percentage reduction in quantities applied for.
5. Subject to a decision to accept applications by the Commission, licences shall be issued on:
- 26 July 1994,
- 26 October 1994,
- 26 January 1995,
- 26 April 1995.
6. Licences issued shall be valid throughout the Community.
Article 4
1. Regulations (EEC) No 3719/88 and (EEC) No 2377/80 shall apply.
2. However, in the case of quantities imported pursuant to Article 8 (4) of Regulation (EEC) No 3719/88, the full levy and the normal CCT duties shall be collected on quantities in excess of those stated on the import licence.
3. Notwithstanding Article 9 (1) of Regulation (EEC) No 3719/88, import licences issued pursuant to this Regulation shall not be transferable.
4. Notwithstanding Articles 4 and 6 of Regulation (EEC) No 2377/80, the security or import licences shall be ECU 10 per 100 kilograms by weight of product and the term of validity of licences issued in respect of the latest period specified in Article 1 (2) shall expire on 30 June 1995.
Article 5
The products shall be released for free circulation on presentation of an EUR. 1 movement certificate issued by the exporting country in accordance with Protocol 4 annexed to the Interim Agreements.
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 1994.
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*****
COMMISSION DECISION
of 8 May 1985
on an aid to producers' organizations granted by the United Kingdom
Government
(Only the English text is authentic)
(85/425/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having regard to Council Regulation (EEC) No 100/76 of 19 January 1976 on the common organization of the market in fishery products (1), as last amended by Regulation (EEC) No 3443/80 (2), and in particular Articles 11 and 26 thereof, and to Council Regulation (EEC) No 3796/81 (3), which replaced it with effect from 1 June 1982, and in particular Articles 13 and 28 thereof,
Having given notice, in accordance with the first subparagraph of Article 93 (2), to the parties concerned to submit their comments, and having regard to those comments,
Taking the following into account:
I
In accordance with Article 93 (3) of the EEC Treaty, the United Kingdom Government notified the Commission by letters dated 28 March and 4 June 1980 from its Permanent Representation to the European Communities of its intention to grant, between 1 April and 30 September 1980, an aid of £ 2 million to producers' organizations in the fisheries sector.
This aid was to be shared among the various recipients according to the size of their catch in 1979 and was to be used for several measures including the introduction of temporary laying-up premiums, grants to port authorities enabling them to reduce temporarily the charges which they levy, the financing of programmes for improving packaging methods and publicity campaigns for fishery products and support for the autonomous systems of withdrawal prices operated by producers' organizations. The producers' organizations themselves were to be responsible for allocating the aid as between these four objectives.
The United Kingdom Government gave as its reason for granting this aid the difficult situation facing United Kingdom fishermen, who had been unable to raise market prices in line with the considerable rise in their production costs and in particular the rise in oil prices. The United Kingdom Government stressed that this situation had led to a decline in fishing activity and was likely to cause an uncontrolled break-up of the United Kingdom fishing fleet at a time when discussions at Community level had not yet established a common structures policy. The aid was thus intended to prevent an irreversible trend in the United Kingdom fishing industry with all the serious social and regional repercussions which it would entail. The United Kingdom Government considered that the aid in question would serve to strengthen the important position of producers' organizations in the common organization of the market in fishery products.
The aid described is covered by Articles 92 to 94 of the Treaty pursuant to Article 26 of Regulation (EEC) No 100/76 and Article 28 of Regulation (EEC) No 3796/81.
Following initial scrutiny the Commission took the view that the part of the aid in question which was intended to enable the producers' organizations to maintain their autonomous system of withdrawal prices was likely to constitute an infringement of Regulation (EEC) No 100/76 on the common organization of the market in fishery products and, accordingly, decided to initiate the procedure laid down in Article 93 (2) of the Treaty in respect of all the aids to producers' organizations and, to this effect, by letter of 22 July 1980, gave the United Kingdom Government formal notice to submit its comments.
II
In its reply to the Commission dated 22 August 1980, the United Kingdom Government asked the Commission to confirm that it was opposed only to support for the autonomous withdrawal price systems. The Commission has never received a reply as to the justification for this aid.
Several Member States and several professional organizations have submitted their comments to the Commission. Some of the Member States and professional organizations share the Commission's view. Other Member States feel that the absence of a common fisheries policy obliged the Member States to introduce aids to prevent the situation from deteriorating.
The Commission asked the United Kingdom Government, by letter dated 3 February 1984 and telex dated 18 April 1984, to provide exact information as to the allocation of the amounts earmarked by each producers' organization for each of the four measures concerned. The United Kingdom Government forwarded to the Commission, by letter dated 17 May 1984, a table showing the allocation of the aid of £ 2 million among the producers' organizations concerned and the measures planned, which shows that at least 40 % of the total amount was reserved for supporting the autonomous withdrawal price systems.
It appears from this information that the United Kingdom Government granted the aid during the period in question despite the fact that the procedure laid down in Article 93 (2) had been initiated. The United Kingdom Government thus failed to fulfil its obligations under Article 93 (3) of the EEC Treaty.
III
Article 8 (1) of Regulation (EEC) No 100/76 and Article 9 (1) of Regulation (EEC) No 3796/81 provide that producers' organizations may fix a withdrawal price below which they will not sell products supplied by their members. For certain products a withdrawal price is fixed by the Community while producers' organizations may fix an autonomous withdrawal price for any products.
The financial compensation provided for in Article 11 of Regulation (EEC) No 100/76 and in Article 13 of Regulation (EEC) No 3796/81 is reserved for withdrawals of products subject to the Community withdrawal system and can be granted only to producers' organizations which apply withdrawal prices fixed by the Community. In 1980 most producers' organizations in the United Kingdom were applying, for those products, withdrawal prices which were considerably higher than Community prices.
Moreover, the granting of aid to producers' organizations is governed by comprehensive rules and is limited to the granting of the aid provided for in Article 6 (1) and (2) of Regulation (EEC) No 100/76 and Article 6 (1), (2) and (4) of Regulation (EEC) No 3796/81. In consequence, State aids to producers' organizations in support of autonomous withdrawal price systems cannot be covered by those provisions, the purpose of which is to encourage the formation of producers' organizations and to facilitate their operation.
The State aid granted to producers' organizations in the United Kingdom to enable them to maintain their autonomous system of withdrawal prices strengthens the competitiveness of all their operations, including those covered by Community arrangements. The maximum amount of aid provided for in Article 6 (1) of Regulation (EEC) No 100/76 and in Article 6 (1) and (2) of Regulation (EEC) No 3796/81 is unduly increased by the granting of the aid in question. The granting of this aid may have important implications for the principles of responsibility and co-responsibility of producers' organizations under the organization of the market.
The granting of aid to producers' organizations to enable them to maintain their autonomous system of withdrawal prices therefore constitutes an infringement of Community law.
IV
Article 92 (1) of the EEC Treaty states that aids fulfilling the criteria laid down therein are incompatible in principle with the common market. The exceptions provided for in Article 92 (3) of the EEC Treaty are inapplicable in the case of an infringement of the organization of the market in fishery products.
This Decision is without prejudice to any consequences which the Commission might draw as regards recovery of the abovementioned aid from the recipients or the financing of the common agricultural policy by the EAGGF, HAS ADOPTED THIS DECISION:
Article 1
The aid to producers' organizations to enable them to maintain their autonomous system of withdrawal prices, as granted in the United Kingdom between 1 April and 30 September 1980, is incompatible with the common market within the meaning of Article 92 of the EEC Treaty. Such aid shall accordingly no longer be granted.
Article 2
The United Kingdom shall inform the Commission, within one month of the notification of this Decision, of the measures taken to comply herewith.
Article 3
This Decision is addressed to the United Kingdom.
Done at Brussels, 8 May 1985.
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Commission Decision
of 22 August 2003
fixing, for the 2003/04 marketing year and in respect of a certain number of hectares, an indicative financial allocation by Member State for the restructuring and conversion of vineyards under Council Regulation (EC) No 1493/1999
(notified under document number C(2003) 3047)
(2003/628/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), as last amended by Regulation (EC) No 2585/2001(2), and in particular Article 14 thereof,
Whereas:
(1) The rules for the restructuring and conversion of vineyards are laid down in Regulation (EC) No 1493/1999 and Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine(3), as last amended by Regulation (EC) No 1203/2003(4), in particular on production potential.
(2) The detailed rules on financial planning and participation in financing the restructuring and conversion scheme laid down in Regulation (EC) No 1227/2000 stipulate that the references to a given financial year refer to the payments actually made by the Member States between 16 October and the following 15 October.
(3) In accordance with Article 14(1) of Regulation (EC) No 1493/1999, the Commission makes initial allocations to Member States per year on the basis of objective criteria, taking into account particular situations and needs, and efforts to be undertaken in the light of the objective of the scheme.
(4) In accordance with Article 14(3) of Regulation (EC) No 1493/1999, the financial allocation between Member States must take due account of the proportion of the Community vineyard area in the Member State concerned.
(5) For the purposes of implementing Article 14(4) of Regulation (EC) No 1493/1999, the financial allocations should be made in respect of a certain number of hectares.
(6) Under Article 13(3) of Regulation (EC) No 1493/1999, the Community contribution to the costs of restructuring and conversion is higher in regions classified as Objective 1 in accordance with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(5), as amended by Regulation (EC) No 1105/2003(6).
(7) Account must be taken of the compensation for the loss of income incurred by the wine growers during the period when the vineyard is not yet in production.
(8) In accordance with Article 17(5) of Regulation (EC) No 1227/2000, where expenditure actually incurred by a Member State in a given financial year is less than 75 % of the initial allocation, the expenditure to be recognised for the following financial year, and the corresponding total area, are to be reduced by a third of the difference between this threshold and the actual expenditure incurred during the financial year in question. This provision applies to Luxembourg for the 2003/04 marketing year.
(9) In accordance with Article 14(2) of Regulation (EC) No 1493/1999, the initial allocation is to be adapted in view of real expenditure and on the basis of revised expenditure forecasts submitted by the Member States taking account of the objective of the scheme and subject to the funds available,
HAS ADOPTED THIS DECISION:
Article 1
The indicative financial allocations by Member State, in respect of a certain number of hectares, for the restructuring and conversion of vineyards under Regulation (EC) No 1493/1999 for the 2003/04 marketing year shall be as set out in the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 22 August 2003.
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COMMISSION DECISION of 6 January 1999 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania and Poland and terminating the proceeding without measures in respect of such imports originating in Brazil (notified under document number C(1998) 4533) (1999/71/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as last amended by Regulation (EC) No 905/98 (2), and in particular Articles 8(1) and 9(2) thereof,
After consulting the Advisory Committee,
Whereas:
(1) By Regulation (EC) No 1742/98 (3) the Commission imposed provisional anti-dumping duties on imports in the Community of hardboard originating in Brazil, Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia and provisionally accepted price undertakings offered by certain exporting producers in the countries concerned by the proceeding, with the exception of Russia.
(2) Following the adoption of the provisional anti-dumping measures, in accordance with Article 8(6) of Regulation (EC) No 384/96 (hereinafter referred to as the 'Basic Regulation`), the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 194/1999 imposing definitive duties (4).
(3) Based on the definitive findings of the investigation, it was concluded that the injury suffered by the Community industry was not caused by imports of hardboard originating in Brazil, that the proceeding should be terminated without the adoption of protective measures with regard to this country and that the undertakings provisionally accepted from the exporting producers in Brazil should lapse according to Article 8(6) of the Basic Regulation.
(4) The investigation confirmed the provisional findings of injurious dumping relating to imports originating in Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia.
(5) The Commission considers that the price undertakings offered by the exporting producers and provisionally accepted in Commission Regulation (EC) No 1742/98 are an effective measure to remove the injury caused by the dumped imports, since their prices are such as to eliminate the injurious effect of the dumping, they only cover imports of a reduced number of product types and only up to a certain quantity threshold. Indeed, without these three conditions effective monitoring would not be practicable and companies would be encouraged to circumvent the undertaking by declaring as covered by the undertaking product types outside its scope.
(6) In accordance with the provisions of the undertakings, the minimum prices contained therein have been amended in line with the definitive findings of the investigation.
(7) Having been informed of the main facts and considerations on the basis of which the Commission intended to accept the undertakings, the Community industry did not raise any objections to the acceptance of the proposed undertakings.
(8) In the event of a breach or withdrawal of the undertaking a definitive anti-dumping duty may be imposed, pursuant to Article 8(9) and (10) of the Basic Regulation,
HAS ADOPTED THIS DECISION:
Article 1
1. The undertakings offered by the producers mentioned below, in the framework of the anti-dumping proceedings concerning imports into the Community of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania and Poland are hereby accepted.
TABLE
2. The investigations in connection with the anti-dumping proceedings referred to in paragraph 1 are hereby terminated with regard to the parties named in that paragraph.
Article 2
The proceeding in respect of imports of hardboard originating in Brazil is hereby terminated without adoption of protective measures.
Article 3
This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.
Done at Brussels, 6 January 1999.
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COMMISSION REGULATION (EC) No 758/98 of 3 April 1998 amending Regulation (EC) No 2300/97 on detailed rules to implement Council Regulation (EC) No 1221/97 laying down general rules for the application of measures to improve the production and the marketing of honey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1221/97 of 25 June 1997 laying down general rules for the application of measures to improve the production and marketing of honey (1), and in particular Article 5 thereof,
Whereas Commission Regulation (EC) No 2300/97 (2), lays down provisions for the implementation of measures to improve the production and the marketing of honey;
Whereas Regulation (EC) No 1221/97 lays down the limit date of 15 October of each year by which expenditure concerning measures included in national programmes must be made; whereas, as from the second year and in order to allow paying agencies accredited by each Member State to respect this time limit, provision should be made to advance the notification date of programmes and to establish the limit date for execution of programme measures;
Whereas, by Decision 94/805/EC (3), the Council adopted a specific programme of research in the field of agriculture and fisheries (including agro-industry, food technologies, forestry, aquaculture and rural development); whereas, pursuant to the provisions of Annex III to the programme, on specific rules for its implementation, concerted action No FAIR5-PL97-3686, entitled 'Coordination in Europe of research on integrated control of Varroa mites in honey bee colonies`, has been implemented; whereas the results of the applied research in the field of the control of varroasis financed pursuant to Regulation (EC) No 1221/97 should therefore be sent to the Commission so that they can be incorporated in this concerted action;
Whereas consistency between measures of national programmes and other measures under the various Community policies, in particular Council Regulations (EC) No 950/97 of 20 May 1997 on improving the efficiency of agricultural structures (4), (EC) No 951/97 of 20 May 1997 on improving the processing and marketing conditions for agricultural products (5) and (EC) No 952/97 of 20 May 1997 on producer groups and associations thereof (6), must be ensured during the implementation of national programmes; whereas, in particular, any over-compensation owing to the combination of aid and any other inconsistency in the definition of measures must be avoided;
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 2300/97 is hereby amended as follows:
1. Article 2 is replaced by the following:
'Article 2
1. Member States shall notify their programmes to the Commission before 15 April of each year. For the first year this date shall be 15 December 1997. For the second year this date shall be 15 May 1998.
2. As from the second year, the programme measure shall be entirely executed before 31 August of the year following that of notification of the programme. Payments shall be carried out before 15 October of the same year.
3. The results of the applied research studies into varroasis prevention shall be sent to the Commission two months after the date laid down in Article 3 of Regulation (EC) No 1221/97 so that they can be included in the exchange of information on concerted action No FAIR5-PL97-3686 applying point 3 of Annex III to Council Decision 94/805/EC of 23 November 1994 adopting a specific programme of research, technological development and demonstration in the field of agriculture and fisheries, including agro-industry, food technologies, forestry, aquaculture and rural development (1994 to 1998) (*).
(*) OJ L 334, 22. 12. 1994, p. 73.`;
2. In Article 4, the following paragraph is added:
'3. The same measure may not be the subject of payments simultaneously pursuant to Regulation (EC) No 1221/97 and pursuant to another Community aid scheme in respect of Council Regulations (EC) No 950/97 (*), (EC) No 951/97 (**) and (EC) 952/97 (***).
(*) OJ L 142, 2. 6. 1997, p. 1.
(**) OJ L 142, 2. 6. 1997, p. 22.
(***) OJ L 142, 2. 6. 1997, p. 30.`
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 April 1998.
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Commission Regulation (EC) No 1118/2003
of 26 June 2003
fixing the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Commission Regulation (EC) No 806/2003(2), and in particular Article 31(3) thereof,
Whereas:
(1) Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2) Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:
- the existing situation and the future trend with regard to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade,
- marketing costs and the most favourable transport charges from Community markets to ports or other points of export in the Community, as well as costs incurred in placing the goods on the market of the country of destination,
- the aims of the common organisation of the market in milk and milk products which are to ensure equilibrium and the natural development of prices and trade on this market,
- the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, and
- the need to avoid disturbances on the Community market, and
- the economic aspect of the proposed exports.
(3) Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:
(a) prices ruling on third country markets;
(b) the most favourable prices in third countries of destination for third country imports;
(c) producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries; and
(d) free-at-Community-frontier offer prices.
(4) Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.
(5) Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.
(6) In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products(3), as last amended by Regulation (EC) No 833/2003(4), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(5), as amended by Commission Regulation (EC) No 680/2002(6), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.
(7) Commission Regulation (EEC) No 896/84(7), as last amended by Regulation (EEC) No 222/88(8), laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.
(8) For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.
(9) It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.
(10) The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds referred to in Article 31 of Regulation (EC) No 1255/1999 on products exported in the natural state shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 27 June 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 June 2003.
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*****
COMMISSION DECISION
of 3 April 1989
adjusting the weightings applicable from 1 February 1989 to the remuneration of officials of the European Communities serving in non-member countries
(89/280/EEC, Euratom, ECSC)
THE COMMISSION 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 the officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 3982/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EEC, Euratom, ECSC) No 702/89 (3) laid down the weightings to be applied from 1 January 1989 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;
Whereas, some of these weightings should be adjusted with effect from 1 February 1989 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,
HAS DECIDED AS FOLLOWS:
Sole Article
With effect from 1 February 1989 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.
The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.
Done at Brussels, 3 April 1989.
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COMMISSION REGULATION (EC) No 1169/2008
of 25 November 2008
amending Regulation (EC) No 1449/2007 as regards the dates for lodging import licence applications in 2008 under the tariff quotas for sugar
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 148(c), in conjunction with Article 4 thereof,
Whereas:
(1)
Article 5 of Commission Regulation (EC) No 1449/2007 of 7 December 2007 derogating from Regulations (EC) No 2402/96, (EC) No 2058/96, (EC) No 2375/2002, (EC) No 2305/2003, (EC) No 950/2006, (EC) No 955/2005, (EC) No 969/2006, (EC) No 1100/2006, (EC) No 1918/2006, (EC) No 1964/2006, (EC) No 1002/2007 and (EC) No 508/2007 as regards the dates for lodging applications and the issuing of import licences in 2008 under the tariff quotas for sweet potatoes, manioc starch, cereals, rice, sugar and olive oil and derogating from Regulations (EC) No 1445/95, (EC) No 1518/2003, (EC) No 596/2004 and (EC) No 633/2004 as regards the dates of issuing of export licences in 2008 in the beef and veal, pigmeat, eggs and poultrymeat sectors (2) provides for a derogation for 2008 regarding the dates for lodging import licence applications under the tariff quotas for sugar.
(2)
Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (3), as amended by Regulation (EC) No 892/2008 (4), opened new tariff quotas with order numbers 09.4431 to 09.4437. The derogation regarding the dates for lodging import licence applications should be extended to cover these new quotas and Regulation (EC) No 1449/2007 should be amended accordingly.
(3)
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
Article 5(1) of Regulation (EC) No 1449/2007 is replaced by the following:
‘1. By way of derogation from Article 4(2) of Regulation (EC) No 950/2006, applications for import licences for sugar products under quotas 09.4331 to 09.4351, 09.4315 to 09.4320, 09.4324 to 09.4328, 09.4365, 09.4366, 09.4380, 09.4390 and 09.4431 to 09.4437 for 2008 may no longer be lodged after 13.00 (Brussels time) on Friday 12 December 2008.’
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, 25 November 2008.
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COUNCIL REGULATION (EC) No 1691/2004
of 24 September 2004
amending Regulation (EC) No 2287/2003 as concerns fishing opportunities in Greenland waters
THE COUNCIL OF THE EUROPEAN UNION,
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 20 thereof,
Whereas:
(1)
In Council Regulation (EC) No 1245/2004 of 28 June 2004 on the conclusion of the Protocol modifying the Fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local Government of Greenland, on the other (2), fishing possibilities for the Community in Greenland waters are laid down. The necessary measures should be taken to implement the results of that Agreement.
(2)
Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required (3), should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I C to Regulation (EC) No 2287/2003 shall be amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 September 2004.
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COUNCIL DECISION of 17 March 1997 authorizing the French Republic to apply a measure derogating from Article 9 of the Sixth Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes (97/205/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;
Whereas, by letter to the Commission registered on 6 December 1996, the French Republic requested authorization to introduce a measure derogating from Article 9 of Directive 77/388/EEC;
Whereas the other Member States were informed on 20 December 1996 of the request made by the French Republic;
Whereas the measure is necessary to counter the tax avoidance effects that have led a growing number of Community taxable and non-taxable persons to purchase telecommunications services outside the Community in order to avoid payment of VAT; whereas the measure is furthermore necessary to discourage suppliers of telecommunications services established in a Member State from establishing themselves outside the Community;
Whereas the measure is also necessary to simplify the procedure for charging the tax insofar as it provides the same tax obligations for customers of telecommunications services regardless of whether these services are performed by suppliers established inside or outside the Community;
Whereas the derogations will not affect, except to a negligible extent, the amount of tax due at the final consumption stage and will not therefore have an adverse effect on the European Communities' own resources arising from value-added tax;
Whereas it is necessary to grant this measure from 1 January 1997 in order to remedy as quickly as possible a situation undermining the competitiveness of European telecommunications companies; whereas from 1 January 1997 the customers and the suppliers of telecommunications services had no longer a legitimate confidence in the continuation of the legislation in force at that date;
Whereas it is desirable that the derogation should be granted until 31 December 1999, or, if a Directive altering the place of taxation of telecommunications services enters into force at an earlier date, until that date, in order to allow the Council to adopt a general Community solution based on the Commission proposal,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Article 9 (1) of Directive 77/388/EEC, the French Republic is authorized to include, within Article 9 (2) (e) of the Directive, telecommunications services. In the case of a Member State making use of this facility, the provisions of Article 9 (3) (b) of the Directive shall also apply to these services.
Telecommunications services shall be deemed to be services relating to the transmission, emission or reception of signals, writing, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems, including the transfer or assignment of the right to use capacity for such transmission, emission or reception.
Article 2
This Decision may be applied to telecommunications services in respect of which the chargeable event took place from 1 January 1997. It will also apply to prepayments made in respect of telecommunications services paid for before the date of implementation of this Decision by the Member State insofar as these prepayments cover supplies of telecommunications services which are performed after the date of implementation.
Article 3
The authorization specified in this Decision shall apply until 31 December 1999, or, if a Directive altering the place of taxation of telecommunications services enters into force at an earlier date, until that date.
Article 4
This Decision is addressed to the French Republic.
Done at Brussels, 17 March 1997.
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COMMISSION REGULATION (EEC) No 1402/93 of 8 June 1993 amending Regulation (EEC) No 2561/90 laying down provisions for the implementation of Council Regulation (EEC) No 2503/88 on customs warehouses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2503/88 of 25 July 1988 on customs warehouses (1), and in particular Article 28 thereof,
Whereas Commission Regulation (EEC) No 2561/90 (2), as last amended by Regulation (EEC) No 965/93 (3), lays down provisions for the implementation of Regulation (EEC) No 2503/88;
Whereas Article 22 (2) (b) of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (4), as last amended by Regulation (EEC) No 2101/92 (5), provides for the presentation of an export licence or advance fixing certificate when lodging certain customs declarations;
Whereas this provision must be understood as meaning that it is unnecessary to present the abovementioned licence or certificate when declaring prefinanced goods for export, if that licence or certificate has already been presented when the goods were placed under the customs warehousing arrangements in accordance with Article 5 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (6), as last amended by Regulation (EEC) No 2026/83 (7);
Whereas Regulation (EEC) No 2561/90 establishes detailed procedures for the placing of prefinanced goods under the customs warehousing arrangements and their subsequent export; whereas the second subparagraph of Article 57 (4) of that Regulation provides that an export licence or advance fixing certificate shall be presented when placing goods under the customs warehousing arrangements and the second subparagraph of Article 61 (3) establishes an identical obligation on export; whereas Article 61 should therefore be aligned on the interpretation given in Article 22 of Regulation (EEC) No 3719/88;
Whereas the measures provided for by this Regulation are in conformity with the opinion of the Committee on Customs Warehouses and Free Zones,
HAS ADOPTED THIS REGULATION:
Article 1
The following clause is hereby deleted from the second subparagraph of Article 61 (3) of Regulation (EEC) No 2561/90:
', including the export licence or advance fixing certificate referred to in Regulation (EEC) No 3719/88'.
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, 8 June 1993.
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*****
COMMISSION REGULATION (EEC) No 1706/85
of 21 June 1985
amending Regulation (EEC) No 1477/85 adopting exceptional support measures for the market in pigmeat
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulaion (EEC) No 2966/80(2), and in particular Article 20 thereof,
Whereas, because of the present health situation in the livestock sector in Belgium, exceptional support measures for the market in pigmeat have been introduced in that Member State by Commission Regulations (EEC) No 686/85 (3), (EEC) No 772/85 (4), as amended by Regulation (EEC) No 890/85 (5), (EEC) No 978/85 (6), as amended by Regulation (EEC) No 1086/85 (7), and (EEC) No 1477/85 (8);
Whereas the outbreak of African swine fever in the infection zone has not yet been entirely contained; whereas, therefore, the deadline for applications for aid under Regulation (EEC) No 1477/85 should be extended;
Whereas the boundary of the infection zone has been modified by the competent veterinary authorities to exclude parts of the communes of Torhout and Kortemark from the area where restrictions apply;
Whereas it has become evident that the pigmeat stored in the infected zone is to be bought in in view of its heat treatment before being brought into consumption; whereas it is therefore no longer necessary to grant a considerably higher rate of aid than is generally given in this sector; whereas provision should therefore be made, in cases where meat is bought in, to reduce the amount of aid ultimately granted near to the normal rate;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1477/85 is hereby amended as follows:
1. In Article 1 (1), '21 June 1985' is replaced by '19 July 1985'.
2. The rate of '30 %' for the reduction in aid referred to in the second subparagraph of Article 7 (1) is replaced by '40 %'.
3. The second subparagraph of Article 1 (1) is replaced by the following:
'Only products from pigs kept and slaughtered in the zones detailed below shall be eligible for aid:
- communes of Tielt
Pittem
Meulebeke
Ardooie
Ingelmunster
Lendelede
Izegem
Ledegem
Moorslede
Staden
Hooglede
Zonnebeke
Poelkapelle
Lichtervelde
Zwevezele
Roeselare;
- an area with a radius of three kilometres around the outbreak centres in the communes of Reninge and Ichtegem;
- the commune of Kortemark but excluding the former commune of Zarren-Werken;
- within the commune of Torhout, an area with a radius of three kilometres around the six holdings where the Belgian authorities have ordered preventive slaughtering.
The list of products qualifying for aid and the relevant amounts of aid are set out in the Annex hereto.'
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 June 1985.
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COMMISSION REGULATION (EC) No 1229/2004
of 2 July 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 3 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 July 2004.
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COMMISSION DECISION of 17 July 1996 relating to a proceeding under Article 85 of the EC Treaty and Article 53 of the EEA Agreement (Case No IV/35.617 - Phoenix/GlobalOne) (Only the English, French and German texts are authentic) (Text with EEA relevance) (96/547/EC)
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,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Articles 2, 6, and 8 thereof,
Having regard to the application for negative clearance and the notification for exemption submitted, pursuant to Articles 2 and 4 of Regulation 17, on 29 June 1995,
Having regard to the summary of the application and notification published pursuant to Article 19 (3) of Regulation 17 and to Article 3 of Protocol 21 of the EEA Agreement (2),
After consultation with the Advisory Committee for Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS
A. INTRODUCTION
1. The Phoenix transaction was notified to the Commission on 29 June 1995. The notifying parties announced a new name, GlobalOne, at the signature of the agreements on 5 March 1996. This transaction is linked to a separate transaction creating a joint venture, Atlas, owned as to 50 % by France Télécom (FT) and as to 50 % by Deutsche Telekom (DT), given that Atlas is a parent to the joint venture entities created pursuant to the Phoenix agreements. A separate Decision in Case IV/35.337 ('the Atlas Decision`) (3) exempts the Atlas agreements, notified on 16 December 1994, from the application of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement.
2. The Phoenix agreements consist of two main transactions involving two Community telecommunications organizations (TOs) and one United States telecommunications operator:
(i) FT and DT each acquired an equity stake of approximately 10 % in Sprint, worth United States $3,7 billion. Both FT and DT obtained proportionate board representation and investor protection as minority shareholders in Sprint; as detailed below, provisions have been included in the investment agreement to prevent DT and/or FT, either separately or jointly, from controlling or influencing Sprint; and
(ii) Atlas and Sprint created a joint venture, Phoenix, for the provision of non-reserved global telecommunications services and other telecommunications services to corporate users, carriers and consumers. The Phoenix joint venture is structured into groups of operational entities under the strategic supervision of a Global Venture Board (collectively referred to as the 'Phoenix entities`). One group of entities provides Phoenix services worldwide except in Europe and the United States (the 'Rest Of World (ROW) entities`), a second group of entities provides Phoenix services in Europe except in France and Germany (the 'Rest of Europe (ROE) entities`). The ROW and ROE entities also manage Phoenix's global backbone network until the parties reach agreement on management by an already created third entity (the 'Global Backbone Network (GBN) entity`). The Global Venture Board shall take decisions on matters of policy only and not engage in the management of individual operational entities created pursuant to the Phoenix agreements.
B. THE PARTIES
3. Deutsche Telekom AG (DT) and France Télécom (FT) are respectively the German and French public TOs. Details of both undertakings are provided in the Decision on the Atlas venture published in this issue of the Official Journal.
4. Sprint Corporation (Sprint) is a holding company in the United States. The Sprint group of companies is a diversified telecommunications group providing global voice, data and video-conferencing services and related products. Sprint's main subsidiaries provide local (United States) exchange, cellular wireless as well as domestic (United States) and international long-distance telecommunications services. Other Sprint subsidiaries engage in wholesale distribution of telecommunications products and the publishing and marketing of white and yellow page telephone directories. Worldwide turnover for Sprint in 1994 was ECU 10,9 billion; Sprint is the world's 11th largest telecommunications carrier in terms of revenues.
C. THE RELEVANT MARKET
1. Creation of the Phoenix entities
5. The Phoenix entities address several product and geographic markets, namely: (i) the markets for non-reserved corporate telecommunications services both globally and regionally, (ii) the market for traveller services and (iii) the market for so-called carrier services.
(1) Product markets
The markets for non-reserved corporate telecommunications services
6. The Phoenix entities target the same markets for both customized packages of corporate telecommunications services and packet-switched data communications services (jointly referred to as 'non-reserved corporate telecommunications services`) described in the separate Atlas Decision. Pursuant to the joint venture agreement, the offerings of Phoenix include the following services:
- corporate voice services: global virtual private network (VPN), international toll free, selected card and simple resale services and switched digital,
- data communications services using inter alia the X.25, Frame Relay and IP protocols,
- dedicated transmission for voice and data services: managed bandwidth and VSAT,
- custom network solutions: systems/equipment procurement, tailored and managed services and outsourcing,
- platform-based enhanced services: messaging including access to telex, local area network (LAN) interconnection, electronic document interchange (EDI), video-conferencing and audio-conferencing.
7. Phoenix provides voice simple resale services under Sprint's licence in the United Kingdom and under FT's licence in Sweden. This Decision relates only to Phoenix's range of products and business scope as notified. Any substantial change of products or business scope, notably (i) the contribution to Phoenix of broadband transmission capacity (such as Asynchronous Transfer Mode (ATM) networks) in France and Germany and (ii) the offering by Phoenix of public basic telecommunications services (such as voice telephony services (4)) requires a new notification.
The market for traveller services
8. The market for traveller telecommunications services comprises offerings that meet the demand of individuals who are away from their normal location, either at home or at work. Among the most relevant of these offerings are those offered by the Phoenix entities, namely (i) calling card services (prepaid cards with or without a code and postpaid cards), including those in combination with credit cards and other branded service cards ('affinity cards`), (ii) specialized voice services (such as equal access and code-based authorization services), and (iii) selected data and enhanced platform (that is to say, communications system software) services.
9. Customers for traveller services include both business travellers and other travellers. In the card business targeted by Phoenix, the former are by far the largest group of buyers. Business travellers are generally intensive card users, the main incentive for card usage being the ability to avoid paying hotel telephone surcharges.
The market for carrier services
10. The market for carrier services comprises the lease of transmission capacity and the provision of related services to third-party telecommunications traffic carriers and service providers. Along with liberalization and globalization of telecommunications markets, demand for efficient, high-quality traffic transportation capacity has risen among old and new carriers. In this connection, the traditional model of separate arrangements with other individual carriers is increasingly challenged by players with global network infrastructure that offer an array of services. The most relevant of such services are:
(a) switched transit, meaning transport of traffic over bilateral facilities between the originating carrier, the transit carrier and the terminating carrier; neither the originating carrier nor the terminating carrier need bilateral facilities between themselves, but only with the transit carrier;
(b) dedicated transit, meaning leased line offerings for the transport of traffic through the domestic network of the transit carrier; leased line facilities used for this purpose may include discrete voice circuits or a high-bandwidth digital circuit that can be used for both voice and data services;
(c) traffic hubbing offerings, where the provider takes care of all or part of international connections; these offerings are typically designed for emerging carriers, who are interconnected with the provider over bilateral facilities and whose international traffic is merged with other traffic on the provider's global network; and
(d) reseller services for service providers without international telecommunications facilities of their own.
As international telecommunications markets are deregulated, demand for carrier services is increasingly driven by alternative carriers concerned with assigning to the incumbent TO their international traffic, for reasons such as technical dependency and commercial sensitivity of customer information.
11. Purchasers of carrier services include established and emerging carriers. Both groups of clients are sophisticated purchasers. Among the emerging carriers, one may distinguish facilities-based carriers that provide telecommunications services over alternative infrastructure or cable television networks seeking greater efficiency in the transport of international client traffic, while non facilities-based carriers and service providers seek to preserve a competitive advantage by avoiding dependence on a local TO for international client traffic.
(2) Geographic markets
12. Along the lines of the Commission's findings in its Decision 94/579/EC (5) (BT-MCI), the geographic scope of certain markets targeted by the Phoenix entities, as well as the market that must be considered in respect of the investment of DT and FT in Sprint, is international and even global. Although national borders subsist for many services, strategic alliances like Phoenix are built not only in anticipation of a market unaffected by national boundaries but even with the express purpose of offering large global telecommunications users seamless end-to-end services anywhere by overcoming the difficulties inherent in the current market structure split along national borders. However, the service offerings of the Phoenix entities attain different existing geographic markets.
The markets for non-reserved corporate telecommunications services
13. As described in the Atlas Decision, demand from large users for customized packages of corporate telecommunications services exists in at least three distinct geographic markets, namely at a global, a cross-border regional and a national level. Phoenix services have global reach given that DT, FT, Sprint and the ROE and ROW entities each interconnect over the Phoenix global backbone network. In the global market for customized packages of corporate telecommunications services the Phoenix venture therefore creates competition, for instance for BT and MCI's existing Concert venture. In the Community, the ROE entities will cooperate with DT, FT and Atlas to provide customized packages of corporate telecommunications services at the cross-border regional level; these services will have global 'connectivity` - that is, they will allow for an extension beyond the Community and ultimately worldwide if a customer so requires.
14. Packet-switched data communications services in each geographic market mentioned in the previous recital are a part of the Phoenix offerings portfolio. However, the regional Phoenix operating entity decides whether to provide such services at the national level. Therefore, the ROE entities provide Europe-wide packet-switched data communications services initially based on the network that results from merging the existing Transpac and Sprint networks. The extent to which the ROE entities will provide such services in national markets within the European Economic Area (EEA) will depend on the coordination between Atlas and the ROE entities as the competent Phoenix entities in the EEA.
The market for traveller services
15. Along with the globalization of the economy the market for traveller services appears to be increasingly global; travellers demand offerings which include a single bill and integrated functions such as voice messaging, voice response and information systems everywhere. Geographic limitations of current traveller service offerings are generally due to technical shortcomings due to be overcome in the near future, such as the incompatibility of mobile communications systems or differences in prepaid cards without an individual user code. As illustrated at recital 8 above, none of the services targeted by the Phoenix entities is affected by these shortcomings; however, the geographic scope of the traveller services offered by Phoenix can be left open for the purposes of this case, as the finding of narrow geographic markets would not affect the assessment of the parties' competitive position.
The market for carrier services
16. Both supply of and demand for carrier services are by nature international. Geographic proximity between purchaser and supplier of switched transit capacity is hardly relevant for switched transit which carriers use either as a substitute for operating own international lines or to deal with peak traffic on such lines. Likewise, dedicated transit services offer cable- or satellite-based routing capacity across third countries. Finally, using hubbing services is an alternative to entering into an undetermined number of bilateral agreements with individual carriers.
2. DT and FT's investment in Sprint
17. The acquisition by DT and FT of new equity amounting to an approximate 20 % stake in Sprint aims at consolidating a strategic alliance to enter the global telecommunications markets and extending service into new market segments. As the BT-MCI alliance showed, investment in a United States carrier offers one efficient way of addressing multinational companies, being the largest target customer group for global non-reserved corporate telecommunications services.
D. MARKET SHARES OF PHOENIX
The markets for customized packages of corporate telecommunications services
18. Global market
The parents estimate the global market for customized packages of corporate telecommunications services market addressed by Phoenix (exclusive of data communications services) to be worth approximately ECU 4,8 billion (1993). Of this total, end-to-end services accounted for approximately ECU 37,6 million, VPN services for approximately ECU 2,8 billion, VSAT services for approximately ECU 1,4 billion and outsourcing services for approximately ECU 527 million. In 1993, the aggregate turnover of DT, FT and Sprint in the different market segments amounted to approximately ECU 3,8 million for end-to-end services, approximately ECU 576 million for VPN services and approximately ECU 6 million for outsourcing services, giving Phoenix a theoretical market share of 12,2 % in the global market for customized packages of corporate telecommunications services.
19. Cross-border regional market
Services in the Community (exclusive of data communications services) accounted for approximately ECU 505 million in 1993. According to the notification the Phoenix parents' aggregate market shares in the Community in 1993 were [. . .] % (6) in the end-to-end services market, [. . .] % (7) in the VPN services market, [. . .] % (8) in the outsourcing services market and [. . .] % (9) in the VSAT market. However, market shares for VSAT services are difficult to calculate given that TOs mostly use VSAT terminals as back-up facilities for other services or to extend the geographic scope of services despite terrestrial infrastructure shortcomings.
20. National markets
National markets for customized packages of corporate telecommunications services within the EEA are discussed in the Atlas Decision. In this regard, Sprint has a significant share of total outsourcing turnover generated in Member States such as the Netherlands ([. . .] % (10)) and the United Kingdom ([. . . % (11)), where DT and FT's outsourcing joint venture, Eunetcom BV, has a lesser presence (5 % of total turnover in both Member States). As for France and Germany, adding Sprint to DT and FT brings Phoenix's aggregate share of total turnover generated by outsourcing services to [. . . % (12) in France and to [. . . % (13) in Germany, compared with 31 % in France and 33 % in Germany for the second-largest provider there, Concert's Syncordia.
The market for packet-switched data communications services
21. The global market for packet-switched data services was worth approximately ECU 5,3 billion in 1993, while DT, FT and Sprint's aggregate sales were [. . .] (14) or [. . .] % (15) worldwide. The European market for data communications services is discussed in the Atlas Decision. Sprint's turnover for packet-switched data services was [. . .] (16) in 1993, bringing DT, FT and Sprint's aggregate shares of that market to [. . .] % (17). As for national markets, Sprint achieved its highest turnover in France, Germany, Italy and the United Kingdom. Neither DT nor FT have a significant market presence in the latter two Member States, where Sprint has a [. . .] % (18) and [. . .] % (19) market share respectively. In turn, Sprint's turnover in France (ECU [. . .] (20)) and Germany (ECU [. . .] (21)) equals market shares in these Member States of only [. . .] % and [. . .] % respectively (22).
The market for traveller services
22. Total calling card revenue in the Community was approximately ECU 120,5 million in 1994, most of which was generated by national dialling. In 1993, DT had issued 200 000 cards (all of them in Germany), equivalent to 2,1 % of the total card subscriber base in the Community; FT had issued 1,5 million cards (all of them in France), equivalent to 15,7 % of the card subscriber base in the Community; and Sprint had issued 12 million cards worldwide, of which 500 000 (equivalent to a 5,2 % market share) were issued in the Community. The aggregate market shares of the parents would therefore make Phoenix the largest calling card services provider in the Community (23 % market share) in terms of subscriber numbers, ahead of AT& T and BT with a 21 % and 17,8 % market share respectively. In terms of calling card traffic within the Community, the aggregate market shares of FT (21 %) and DT (3 %) are equal to BT's market share of 24 %.
The market for carrier services
23. The market for global switched transit services is estimated to be worth approximately ECU 301,1 million and generates 1 500 million minutes of international traffic or approximately 3 % of the world's international telephony traffic. Of this total, approximately ECU 165,6 million are services provided by European carriers, of which in turn approximately ECU 30,1 million goes to other European carriers. Within the global switched transit market (1994), which grows at an annual rate of 5 to 6 %, DT had a turnover of ECU [. . .] (23), FT of ECU [. . .] (24) and Sprint of ECU [. . .] (25). The aggregate market shares of DT, FT and Sprint make Phoenix the third largest global switched transit provider behind AT& T and BT (20,2 % each).
E. MAIN COMPETITORS OF THE PHOENIX ENTITIES
The markets for non-reserved corporate telecommunications services
24. The situation in these relevant markets is discussed in the Atlas Decision. The parties include the following players among their competitors: AT& T/Worldpartners, Cable and Wireless plc, Concert, IBM, Kokusai Denshin Denwa Company Ltd. (KDD), Nippon Telegraph and Telephone Corporation (NTT), Unisource and the United States regional Bell operating companies (RBOCs).
The market for traveller services
25. More than one-third of calling cards in Europe are issued by United States operators. AT& T is estimated to have 2 million postpaid card customers in Europe - 21 % of all cards issued there. These customers generate 59 % of calling card traffic from Europe to the United States. MCI has an estimated 1 million postpaid card customers in Europe (10,5 %), which generate 27 % of calling card traffic from Europe to the United States. Executive Telecard International (ETI) markets calling cards in Europe through agreements with local operators or credit card companies; ETI's market position is similar to that of MCI.
The market for carrier services
26. Major players in the market for carrier services and notably global switched transit services competing in the EEA include AT& T, BT (each holding approximately one fifth of the market), Cable & Wireless, MCI and Teleglobe Canada. Along with the growing numbers of new carriers that seek to be independent of the incumbent TO for their international traffic, new suppliers of such services, some with substantial infrastructure resources, are emerging or active in the market, an example being Hermes Europe Railtel (26).
F. THE TRANSACTION
27. The transaction notified to the Commission comprises a set of agreements the main features of which are described below.
1. Agreements as originally notified
(1) Agreements regarding the Phoenix joint venture
The parties have submitted the following agreements:
(a) the Phoenix joint venture agreement (the 'JV agreement`) sets out the parties' essential commitments and business objectives;
(b) the transfer agreements provide for the transfer by Sprint, FT, DT, and Atlas (collectively referred to as the 'parents`) of certain basic and related businesses to the relevant ROE, ROW entities;
(c) the intellectual property and trademark licence agreements concern the grant by the parents and certain affiliates to the Phoenix entities of non-exclusive, non-transferable licences to use certain of the parents' technical information, trademarks and intellectual property rights (IPRs);
(d) the services agreements specify terms and conditions of trading relationships among Sprint, Atlas, and the ROE and ROW entities, including the supply and support services needed to provide Phoenix services world-wide.
(2) Agreements regarding FT and DT's investment in Sprint
(a) The investment agreement provides for the purchase by each of FT and DT of approximately 10 % of the common stock of Sprint.
(b) The standstill agreement binds FT and DT for a period of 15 years not to acquire additional shares in Sprint which would increase their combined aggregate voting rights to more than 20 %.
(c) The registration rights agreement is required in order for each party to consummate the transactions contemplated by the investment agreement.
(d) The investor confidentiality agreements between Sprint and DT, and Sprint and FT, respectively, provide for the maintenance of the confidentiality of all Sprint proprietary information received by DT and FT as a result of the investment agreement and in particular by the DT and FT representatives on the Sprint board of directors, which may be used by DT and FT only for the purposes of exercising their rights under such agreement.
2. Main contractual provisions
(1) Concerning the Phoenix entities
(a) Structure of the Phoenix venture
The JV agreement provides for the creation of two groups of operating entities, namely Phoenix Rest of Europe (ROE) and Phoenix Rest of the World (ROW). Each group consists of the following entities: a sales entity, a clearing-house entity and a holding entity, which is in turn held by an entity able to be bound for the purposes of the Consent Decree entered by the United States Department of Justice. Each of the above entities within the ROE group (the 'ROE parent entities`) has a board of six members, with Atlas having the right to nominate four members and Sprint two. Each of the above entities within the ROW group (the 'ROW parent entities`) has a board of four members, with each of Atlas and Sprint having the right to nominate two members.
The ROE parent entities conduct the Phoenix business within the 'rest of Europe` region (that is, outside France and Germany), while the ROW parent entities conduct the Phoenix business within the 'rest of the world` region (outside Europe and the United States). The ROE entities and the ROW entities will initially own and operate a global transmission network over which Phoenix services and other traffic will be routed: Phoenix's global backbone network. The parties have, however, created a Global Backbone Network (GBN) entity, a limited liability holding company, which is due eventually to take over the relevant global backbone network assets and functions.
Pursuant to section 2.1 of the operating entities services agreement, FT, DT and their respective subsidiaries each are exclusive distributors of Phoenix services in France and Germany respectively, while Sprint is pursuant to section 2.2 (b) the exclusive distributor of Phoenix services in the United States. However, any parent, Phoenix and their respective affiliates will meet unsolicited customer requests for Phoenix services regardless of the customer's location. Moreover, the French and German subsidiaries of Atlas provide FT, DT and their respective subsidiaries with (i) sales support services regarding Phoenix products to the distributors in France and Germany; and (ii) services within the scope of Phoenix other than X.25 packet-switched data network services in France and Germany.
A new, wholly-owned subsidiary of Sprint (the 'Sprint subsidiary`) and Atlas each initially owns 50 % of the outstanding voting equity of each of the parent entities of the ROW entity and the GBN entity. The Sprint subsidiary and Atlas initially owns 33 % and 66 %, respectively, of the voting equity of the parent entity of the ROE entity.
A Global Venture Board was established to set global policies and monitor compliance of the operating groups with their business plans. Any initiative of the Global Venture Board generally requires a unanimous vote.
Day-to-day operations are the responsibility of the chief executive officers of the operating entities, who are under the supervision of the governing board of the relevant parent entity of either the ROE, ROW, or eventually GBN entity. Most decisions of each governing board are adopted by simple majority vote of the members present. Unanimous consent is however required for a number of important decisions including final approval of business plans, certain changes in structure and capitalization, and certain decisions on technology and investments.
(b) Purposes and activities of Phoenix entities
The business of the joint venture initially is provision of (i) global international data, voice, and video business services for multinational companies and business customers; (ii) international services for consumers, initially based on card services for travellers; and (iii) carrier services providing certain transport services for the parents and other carriers. The Phoenix entities may also offer telecommunications equipment and invest in national operations.
To market these services Phoenix is responsible for the planning and management functions of operations, as well as marketing and customer support, including the following:
(i) central coordination of product development and management to ensure seamless global services; the Phoenix entities notably defines functionality, technical standards, and service level requirements for Phoenix services;
(ii) implementation of a common global network and information systems platform rationalizing and integrating the international data, voice, and overlay networks of the parents which are currently separate; the GBN will link overlay and backbone networks in each operating area (i.e. ROE and ROW) while proprietary interfaces will allow provision of seamless services; within its first few years of operation, Phoenix will begin to deploy the next generation of ATM packet-switching technology, comprising any and all of transmission, switching, signalling, network intelligence, and service management elements;
(iii) integration and development of information systems for coordinated billing, customer support, and other back-office functions, supporting national distributors; and
(iv) development of a sales presence in the ROE and ROW territories either directly or through distribution arrangements using a common 'masterbrand`; in particular, national service operations will be established or consolidated in each major country to distribute Phoenix services there; in addition, regional sales offices will be established to provide technical and sales support, including identification of potential customers and assisting in preparation of customer proposals.
(c) Provisions concerning dealings with/by Phoenix entities
Pursuant to the JV agreement, transactions among the Phoenix entities, on the one hand, and FT, DT, and Atlas, on the other, shall generally be conducted on the most favourable terms and conditions that are offered to third parties. If products, services, or facilities relevant to these transactions are not commercially available, such transactions shall be conducted in accordance with an arm's length pricing method, using full-cost reimbursement or such other arm's length pricing method as may be agreed on by the parties. The parents have the first right to offer to supply certain products, services, and facilities to the Phoenix entities. Notwithstanding, each Phoenix entity may purchase from a third party which, on otherwise comparable terms and conditions, offers lower prices, either once the parties have been given the opportunity to match such terms and conditions or if a customer so requires.
Each of the Phoenix entities and their parents have the first right to offer to perform in their respective territory any facilities or services required by another party to the Phoenix agreements. Such services may be obtained from a third party at a lower price under comparable terms and conditions, or where a customer so requires. In accordance with this principle, the ROE and ROW entities will be required to purchase telecommunications network transmission capacity from the GBN entity, to the extent available, once that entity becomes operational.
(d) Anti-competition provisions; distribution
Pursuant to the JV agreement as originally notified, albeit subject to various exceptions, no party or affiliate of a party may distribute any international telecommunications services which are either provided by the Phoenix entities or substitutable for such services. Likewise, no party or affiliate of a party may invest in any entity that offers such services. Moreover, no party or any of its affiliates may offer national long-distance services in competition with either a national operation of Phoenix or a public telephone operator affiliated to Phoenix (such as a national distributor of Phoenix). Nor may any party or any of its affiliates make investments in any entity offering such competing national long-distance services or in any national operation allied with a major competitor of Phoenix.
Sprint is under an obligation to cease competing actively in Germany and France by selling its data and card business to DT's subsidiary T-Data Gesellschaft für Datenkommunikation mbH ('T-Data`) and to FT's subsidiary Transpac France respectively. Outside the parents' home countries exclusivity will be granted to distributors on a case-by-case basis. Passive sales by any one distributor to customers in the respective sales territory of any other distributor are allowed in the EEA.
(e) Licences to be granted to Phoenix entities
Under the technical information licence and access master agreement and agreements implementing the framework applicable to IPRs (the 'IPR agreements'), each parent grants each of the Phoenix entities non-exclusive, non-transferable licences to use certain technical information of that parent in the respective territories of such entities to conduct the Phoenix business. Each Phoenix entity has the right to sub-license the rights granted to any other Phoenix entity or any affiliated national operation or local partner, wherever such a sub-licence is necessary to conduct the Phoenix business. Likewise, each Phoenix entity must on request also sub-license such rights to any parent or affiliate of such parent, to the extent that such a sub-licence is necessary to conduct the Phoenix business.
Royalties are payable as customary in the market and negotiated by the parties on an arm's-length basis. Licence rights granted to a party under the IPR agreements will continue in the event of either termination of the Phoenix venture or transfer of such party's interest in the Phoenix venture.
Similarly, pursuant to the trademark licence master agreement and implementing agreements each parent grants each of the Phoenix entities non-exclusive, non-transferable rights to use certain trademarks owned by or licensed to such parent in connection with the marketing or sale of certain authorized products and services in the respective territories of such entity.
(2) Concerning FT and DT's investment in Sprint
(a) Restrictions on transfer of shares by FT and DT and limits on increases of their shareholding in Sprint
Pursuant to the investment agreement, neither FT or DT may dispose of its shares in Sprint for five years after the closing date. Thereafter restrictions apply to large transfers, which would in most circumstances give Sprint the right of first refusal.
Pursuant to the standstill agreement, FT and DT each have the right to acquire additional Sprint shares to reach and maintain a 10 % shareholding, but shall not for 15 years after the closing date acquire additional shares that would increase their aggregate voting rights to more than 20 %. Once this initial 'standstill` period has expired, FT and DT may acquire additional shares, but may not increase their aggregate voting rights above 30 % nor conduct certain activities intended at taking control of Sprint.
(b) Consent rights and board representation of FT and DT
FT and DT have the right to elect directors to the Sprint board in proportion to their shareholding, provided that each has the right to elect at least one director. Neither FT nor DT have access to confidential, competitive information on Sprint's activities in the EEA through their representation on Sprint's board. Nor may these representatives provide Sprint with confidential information that FT or DT may have obtained from United States competitors through correspondent relationships.
As the sole holders of Sprint's class A common stock, FT and DT have been granted substantial consensual rights with respect to certain corporate actions of Sprint, which nevertheless fall considerably short of control. These actions include major equity issuances, disapproval of investments in Sprint by major competitors, participation rights in transactions involving change of control, and other bilateral corporate transactions. FT and DT have a right of first offer with respect to long-distance assets of Sprint for a fixed period of time.
G. CHANGES MADE AND UNDERTAKINGS GIVEN FURTHER TO THE COMMISSION'S INTERVENTION
28. Some features of the agreements as notified appeared to be incompatible with the Community competition rules. In the course of the notification procedure the parties have amended certain clauses in their agreements and given undertakings to the Commission.
1. Contractual changes
29. Non-appointment of Phoenix as an agent for international half-circuits.
Following an announcement made in the Phoenix notification, which did not yet reflect the parties commitments regarding Atlas further to the Commission's intervention, DT, FT, Atlas and Sprint have deleted FT and DT's 'international private lines`, meaning FT and DT's international half-circuits, from the list of products that Phoenix would distribute as agent.
30. Anti-competition provisions
Phoenix will provide international simple resale (ISR) services and call termination PSTN services under Sprint's existing licences in Sweden and the United Kingdom. However, the parties have not sought an exemption pursuant to Articles 85 (3) of the EC Treaty and 53 (3) of the EEA Agreement for any specific agreements regarding national long-distance services, which these services would require (see recital 7). The anti-competition clause in the original JV agreement has therefore been amended: the parties are now obliged to refrain only from either (i) competing with or (ii) investing in a competitor of entities providing long-distance services provided such entities are controlled by Phoenix.
2. Non-discrimination
31. Just as DT and FT are prohibited from discriminating in favour of their Atlas venture, so the Commission prohibits DT and FT from discriminating in favour of any entity created pursuant to the Phoenix agreements. This condition includes all specific elements described at recital 28 of the Atlas Decision, in relation to access and use of (i) the French and German PSTN, (ii) the French and German ISDN, (iii) reserved facilities and/or services until the French and German telecommunications services and infrastructure markets are fully and effectively liberalized, as is scheduled to occur by 1 January 1998, and (iv) thereafter facilities and/or services for which FT and DT respectively are dominant and which are essential for the provision of a competitive service.
32. Specific services
The Commission attaches as a condition to this Decision that DT and FT shall not discriminate in favour of any entity created pursuant to the Phoenix agreements with regard to the facilities-related telecommunications services detailed at recital 28 of the Atlas Decision. The non-discrimination condition extends to all aspects of access to and use of such facilities and services, namely the terms and conditions, scope of services available, technical information and commercial information.
33. Correspondent services
The Commission imposes a specific condition not to discriminate with regard to correspondent services, for which (i) DT and FT shall not unduly prefer Sprint over other United States correspondents; (ii) DT and FT shall not unduly prefer each other over other German or French correspondents once telecommunications services markets are fully liberalized, as is foreseen by 1 January 1998; and (iii) Sprint shall not unduly prefer DT and FT over other European and eventually over other German and French correspondents. The condition on Sprint relates to traffic to final destinations outside Germany and France respectively until the German and French telecommunications services and infrastructure are fully and effectively liberalized, as is scheduled to occur by 1 January 1998, and to any traffic thereafter. A correspondent is a telecommunications services provider in one country party to a bilaterally negotiated agreement with a provider of telecommunications services in another country by which each party undertakes to terminate in its country traffic originated by the other party, for provision of an international telecommunications service.
3. Other Conditions and obligations attached to this Decision
34. Non-reserved corporate telecommunications services
The exemption of Phoenix's customized packages of corporate telecommunications services and packet-switched data communications services from the application of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement is conditional on DT and FT's compliance with the conditions attached to the separate Atlas Decision and described at recital 29 of that Decision.
35. Carrier services
Neither Atlas, Phoenix, DT, FT, Sprint or any affiliate of these entities shall make a particular telecommunications operator's ability to use Phoenix international carrier services conditional upon use or distribution by that telecommunication's operator of services provided by Atlas, Phoenix, FT, DT or Sprint. Neither shall Atlas, Phoenix, DT, FT, Sprint or any affiliate of these entities condition its commercial dealings (i.e. terms, conditions, price, discounts) with any telecommunications operator upon use or distribution by that telecommunication's operator of services provided by Atlas, Phoenix, FT, DT or Sprint.
36. DT and FT shall also comply with conditions that mirror those attached to the Atlas Decision concerning (i) use of DT and FT's public X.25 packet-switched data networks, (ii) cross-subsidization, (iii) bundling, and accounting in respect of the entities created pursuant to the Phoenix agreements operating in the EEA, and with recording and reporting obligations matching those imposed on DT and FT in the Atlas Decision. Likewise, all entities created pursuant to the Phoenix agreements which operate in the EEA shall keep separating accounting records using international accounting standards for each service they provide in any country.
37. To the extent related to existing obligations under national or Community law, these obligations and conditions are intended to ensure the parties' firm commitment to comply with the applicable legal framework.
H. THE REGULATORY SITUATION
38. The regulatory situation in France and Germany is described under recital 31 of the Atlas Decision. As for the United States, pursuant to the 1934 Communications Act, Sprint is required to publish tariff schedules and contracts describing its network arrangements and services. Furthermore, the 1934 Communications Act, enforced by the Federal Communications Commission (FCC), prohibits Sprint from providing services that unjustly or unreasonably discriminate against Sprint's competitors or foreign correspondents, which may lodge a formal complaint before the FCC if Sprint does not comply with these obligations. The Telecommunications Act of 1996 gives the FCC the authority to refrain from regulating 'charges, practices or classifications` of telecommunications carriers, albeit only where the FCC finds that regulation is not necessary to ensure that these elements are just and reasonable or not unjustly and unreasonably discriminatory.
39. While the Commission was assessing the Phoenix notification under Community law, Phoenix was authorized under United States anti-trust law by a judicial consent decree filed by the United States Department of Justice and signed on 16 February 1996. This consent decree imposes conditions on the parties that largely resemble those attached to this Decision.
I. THIRD-PARTY OBSERVATIONS
40. Following the publication of a notice pursuant to Article 19 (3) of Regulation No 17 and to Article 3 of Protocol 21 of the EEA Agreement (27), six interested third parties submitted observations to the Commission. Concerns expressed in these observations included the risk that Phoenix might (i) increase the dangers of DT and FT's cooperation in the framework of Atlas for Europe-wide markets given the elimination of another competitor there, Sprint, (ii) further facilitate abuses of dominant position by DT and FT in their respective home markets and (iii) distort competition in all relevant markets through an extension of the notified cooperation to reserved services, notably correspondent services. As for the latter allegation, third parties feared most that DT and FT might link favourable conditions for reserved services to the purchase of Phoenix services.
41. The Commission carefully reviewed all third-party observations and concludes that concerns expressed therein have been addressed during the notification procedure. Most conditions as to conduct and obligations attached to the Atlas Decision take sufficient account of anti-competitive concerns if extended to all entities created pursuant to the Phoenix agreements and to Sprint where appropriate. Third-party observations have not therefore affected the Commission's substantive position described in the Article 19 (3) notice in respect of the transaction named Phoenix at the time. However, in the interest of legal certainty the Commission has spelled out in greater detail in this Decision the scope and duration of certain conditions and obligations imposed on the parties.
42. Subsequent to third-party observations the Commission attaches an additional condition to this Decision requiring that DT and FT unbundle own services for which they are dominant and Phoenix services, which restricts the contractual rights of DT, FT and their affiliates under Section 2.1.1 of the operating entities services agreement dated 31 January 1996. As the Commission explained at recital 60 of the Atlas Decision, dominant providers are prohibited from bundling, widespread as it might be in the telecommunications market, under the regulatory framework of most countries where that market is fully competitive. The same condition already applies to DT and FT in respect of Atlas services, as described at recital 29 (5) of the Atlas Decision.
II. LEGAL ASSESSMENT
A. THE RÔLE OF ATLAS IN PHOENIX
43. The European parent company of Phoenix is Atlas. Within the framework of this transaction Atlas is merely a vehicle to coordinate DT and FT, including their respective European networks, as European providers which obtain global 'connectivity` - that is, worldwide reach of a service with constant technical performance and features. Phoenix's distribution agreements make a distinction between DT, FT and Sprint's home respective countries on the one hand and 'rest of Europe` and 'rest of world` areas on the other hand. Under these agreements, DT and FT jointly exercise decisive influence on Phoenix' European business.
44. Phoenix ROE entity results from adding Sprint's European business and network to that of Atlas outside France and Germany. Indicative of the integration of Atlas' Europe-wide services into Phoenix is that Info AG's current customers with headquarters outside Germany are transferred directly to Phoenix and not to Atlas. Moreover, the technical aspects of network cooperation between DT and FT which are exempted from the application of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement pursuant to Article 3 of the Atlas Decision are under the responsibility of the same entity that provides network management services to the ROE entity. Given that the relevance of Atlas as a separate entity from DT and FT for Phoenix is limited, the following legal assessment refers to DT, FT and Atlas without distinction.
B. ARTICLES 85 (1) OF THE EC TREATY AND 53 (1) OF THE EEA AGREEMENT
1. Structural cooperative joint venture
The Phoenix joint venture is cooperative in nature, since Atlas, which takes over FT's Europe-wide Transpac network, and Sprint (jointly referred to as the 'parents`) are potential competitors for the provision of Europe-wide services and certain global offerings within Phoenix's envisaged offerings portfolio (hereinafter referred to as the 'Phoenix products`), namely customized packages of corporate telecommunications services. Prior to this transaction, Sprint was an actual competitor of DT in Germany and of FT in France.
45. Potential competition in markets for Europe-wide services.
DT and FT remain potential competitors of Sprint as a provider of services over an own leased-line network in Europe and worldwide in spite of withdrawing from the markets addressed by Phoenix. While licensing some technology to Phoenix the parents retain their respective IPRs, know-how and R & D capabilities and receive grant-back licences for IPRs transferred to Phoenix. Phoenix will also award DT, FT and Sprint R & D contracts and license them to use any own developments or services other than Phoenix products. The parents will thus keep and increase proficiency and know-how in respect of such technologies as the market requires from time to time.
46. DT, FT and Sprint will maintain their commercial presence, reputation and, as exclusive distributors of Phoenix in their respective home countries, keep their knowledge of the market up to date. In this connection, Phoenix's global backbone network linking the ROW and ROE entities will initially be a mere cross-Atlantic line concentrating traffic between Germany or France and the United States which implies that DT, FT or Sprint's own offering could be competing directly with Phoenix's where a customer prefers favourable terms of an agreement on domestic telecommunications services to the international scope of Phoenix. The above implies that market (re-)entry by DT, FT and Sprint is possible. Moreover, all three undertakings directly develop own activities outside their home markets through subsidiaries or as members of international organizations, while Sprint is providing private line services to and from the United States under a United Kingdom licence.
47. Structural joint venture.
Phoenix combines Sprint's as well as DT and FT's joint activities in a range of Europe-wide and global markets for non-reserved telecommunications services and is set to develop and take over new services in these markets. This venture entails major changes in the structures of DT and FT, undertakings with very limited presence outside their respective home countries, and of Sprint whose international presence was limited for lack of strong regional partners. Through Phoenix these three undertakings pool a significant number of assets in connection with the provision and marketing of non-reserved corporate telecommunications services.
2. Application of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement to the creation of Phoenix
The Phoenix agreements creating a joint venture as a means of cooperation between DT and FT, and Sprint eliminate competition in the relevant markets and affect trade between Member States. The Commission cannot therefore give negative clearance to the creation of the joint venture as requested in the parties' application.
48. On the grounds set out under recital 38 of the Atlas Decision, Atlas and Sprint were competitors for the provision of outsourcing services. DT, FT and Sprint were also competitors for the obtention of large customers' telecommunications 'hubs`. Sprint's Sprintnet division also competed with FT's Transpac for the provision of non-correspondent services, notably Europe-wide and national packet-switched data communications services with limited global connectivity, under licences in several European countries. This competition is eliminated by the creation of Phoenix.
49. Creating Phoenix each of DT, FT and Sprint refrain from developing similar offerings to compete individually, reducing R & D competition and choice for customers in the relevant markets. In a way similar to Atlas' effects (28) eliminating competition between DT and FT, the anti-competition provisions, intellectual property agreements, geographical scope of the licences and grant-back licences agreed, and the terms of the exclusive distribution agreements turn Phoenix into an instrument for pooling and cross-licensing DT, FT and Sprint's respective IPRs.
50. DT, FT and Sprint each have the financial and technological capabilities required to enter the relevant markets on their own. DT, FT and Sprint are among the world's largest telecommunications companies in terms of traffic. While DT and FT are dominant for most non-reserved corporate telecommunications services in their respective home countries, Sprint is the third-largest long-distance carrier in the United States. Creating Phoenix is therefore not DT, FT and Sprint's only objective means to enter the market for international non-reserved corporate telecommunications services. The same applies to carrier services, which at least initially will mainly serve the purpose of increasing efficiencies by selling unused network capacity. Atlas and Sprint, which is already one of the largest Internet carriers in the United States, could provide such services in competition with each other by investing in an own global or intercontinental extension to its network. Individual market entry would notably raise the same issues, for example in terms of regulatory hurdles, that Phoenix must address.
3. Applicability of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement to DT and FT's investment in Sprint
51. The Commission and the Court of Justice do not consider Article 85 (1) of the EC Treaty applicable to agreements for the sale or purchase of shares unless these agreements affect the competitive behaviour of the parties to the transaction (29). The Commission analysed whether the appointment of DT and FT representatives to Sprint's board and subsequent access to confidential business data could give rise to coordination of the competitive behaviour of all three undertakings. The Commission found that (i) the investment agreement signed on 31 July 1995 does not afford DT and FT the possibility of exercising a controlling influence over Sprint and (ii) United States corporate and antitrust laws are designed to prevent access to and misuse of Sprint's confidential information by DT and FT. Sprint and DT, and Sprint and FT, respectively, set out an additional prohibition to misuse such information in two investor confidentiality agreements signed on 31 January 1996.
The Commission therefore concludes that DT and FT's investment in Sprint falls outside the scope of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement.
4. Application of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement to contractual provisions
52. The following provisions restrict competition:
(a) the anti-competition obligation on the parents as regards the activities of Phoenix (sections 10.2 and 10.3 of the JV agreement as amended by Amendment 1 to the JV agreement);
(b) the obligation on the parents to obtain from Phoenix all requirements for global services (section 2.1.1 of the operating entities services agreement) in Germany and France respectively; and
(c) the appointment of DT and FT respectively as exclusive distributors of Phoenix (section 2.2 (b) of the JV agreement as amended) in Germany and France respectively.
Of the above restrictions, the anti-competition provision and the obligation to purchase all requirements for global services from Phoenix are ancillary to the creation and successful initial operation of Phoenix, and are therefore assessed under Articles 85 of the EC Treaty and 53 of the EEA Agreement together with the joint venture.
53. Both restrictions reflect the parties' commitment, towards one another and towards Phoenix. Both are also required if Phoenix is to enter the market successfully, given considerable uncertainty and commercial risks, substantial investment requirements and strong competition in the relevant markets. Thus:
(1) the anti-competition clause expresses DT and FT and Sprint's commitment to withdraw from the relevant markets targeted by Phoenix and to concentrate their efforts in the relevant services markets on Phoenix lest other initiatives, alone or in cooperation with third parties, impair Phoenix's establishment in the market; and
(2) the obligation on DT, FT and Sprint as exclusive distributors of Phoenix products in their respective home countries to buy all requirements for global services from Phoenix, aims at ensuring Phoenix steady funding, credibility and market reputation, which would be seriously jeopardized if the very founding partners of Phoenix used other global services providers.
Ancillary provisions are usually acceptable only for a limited period of time. In the light of the BT-MCI Decision, where similar volumes of investment and risks were at issue (30), the Commission will however accept the above ancillary restrictions for the entire duration of the exemption granted by this Decision.
54. Exclusive distribution.
DT and FT's exclusive distributorship in their respective home countries is caught by Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement because it has the object or effect of isolating Germany and France against imports of Phoenix services from other EEA Member States and from outside the EEA, which may adversely affect the conditions of competition within the EEA. Unlike the other restrictive provisions, the Commission cannot consider DT and FT's exclusive distributorship to be ancillary to the creation of the joint venture, as non-exclusive forms of distribution are possible which would not impair the performance or marketing of Phoenix services. Given that Germany and France taken together account for more than 40 % of all telecommunications revenues in the European Union, the restriction is appreciable.
5. Effect on trade between Member States and between Member States and EFTA countries
55. As discussed under recital 44 of the Atlas Decision, a joint venture designed to provide cross-border non-reserved corporate telecommunications services in the EEA has an effect on trade between Member States which is set to increase over the coming years. The same applies to the appointment of DT and FT as exclusive distributors in the two largest single national telecommunications markets in the Union, namely in Germany and France. This effect is especially substantial given that the purpose of Phoenix in Europe is the provision of services between Member States.
56. The Commission concludes that the creation of Phoenix falls under Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement. The same conclusion is drawn as regards the non-ancillary appointment of DT and FT as exclusive distributors in Germany and France respectively. The Commission considers the restrictive effect on competition and on trade between Member States to be substantial in both cases.
C. ARTICLES 85 (3) OF THE EC TREATY AND 53 (3) OF THE EEA AGREEMENT
1. Technical and economic progress
57. The creation of Phoenix
The combination of Atlas and Sprint's technology will allow Phoenix to offer new services with global 'connectivity` at lower cost and better than either Atlas or Sprint are capable of providing alone given their current business. Combining different platforms and product features will still require a considerable investment of time and money. Like BT and MCI's Concert and like Atlas at the European and national level (31), Phoenix will add value to leased line capacity by implementing own homogeneous network elements such as switches, software platforms and signalling systems to provide seamless international telecommunications services. Phoenix will also allow cost savings, given that the operation of a single network architecture generates economies of scale and scope at a technological and commercial level, and may contribute to downward pressure on infrastructure prices across the Community, for example through lowest cost routing.
58. Seamlessness substantially improves international services as currently provided over different interconnected national networks. If successful, Phoenix will increase choice in the relevant markets and offer businesses across the Community state-of-the-art telecommunications services which their competitors overseas can already use. Although Sprint already operated a network in some European countries which allowed seamless connectivity with certain foreign locations, Sprint's market shares reveal that it would have taken much longer for Sprint to become a globally competing supplier for the ever increasing number of multinational companies that need a comprehensive range of customized global non-reserved corporate telecommunications services.
59. Exclusive distributorship in Germany and France
The exclusive distribution arrangements in respect of DT, FT and their respective subsidiaries aim at ensuring that DT and FT concentrate their respective marketing efforts through Atlas, such as customer prospecting or investments in regional and/or national networks and other facilities in their home countries on making Phoenix successful, rather than considering alternative options. Only if DT and FT are seen as fully committed to Phoenix will the joint venture benefit from the reputation and presence of its parents in the marketplace.
2. Benefits to consumers
60. The benefits of seamless network implementation across national borders is discussed under recital 54 of the Atlas Decision. Phoenix makes it possible that consumers benefit from a considerably wider range of new services that DT, FT and Sprint would not be capable of providing separately within the same period of time. The Commission stated before the notification of Phoenix that only a truly global dimension would make the cooperation between DT and FT in the framework of Atlas sufficiently important to consider an exemption from the prohibition of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement. The volume of investment required to ensure a worldwide presence, which is a requirement for global services provision, is beyond the capabilities of most potential users of such services, including MNCs active in sectors other than telecommunications. The creation of a global venture committed to undertaking the investment needed to be present worldwide is therefore crucial for the choice and quality of communications available to MNCs and eventually SMEs.
Adding global 'connectivity` to Europe-wide services, Phoenix is a substantial step forward in relation to Atlas. Accordingly, the Commission concludes that both the creation of Phoenix and the exclusive distributorship of DT, FT and their respective subsidiaries are beneficial to consumers.
3. Indispensability
61. The creation of Phoenix
Phoenix is indispensable for the parents to successfully enter the relevant global and regional markets. Phoenix will allow the time required for the relevant services to be marketed in competition with longer existing competitors to be substantially shortened. As further companies enter the relevant markets, Phoenix enables DT, FT and Sprint substantially to reduce costs and risks inherent to an organization set to offer telecommunications services worldwide to multinationals and other large users. While cost savings are important, an alliance such as Phoenix is also a decisive means to overcome the technical and logistic difficulties of providing the services and features (inter alia one-stop shopping, end-to-end delivery, seamlessness) required by such users, which cannot be addressed satisfactorily under the existing framework of TO correspondent relationships.
62. Exclusive distribution
DT and FT are exclusive distributors of Phoenix products in their respective home countries. Article 4 (2) of the 'technical information licence and access master agreement` of 31 January 1996 provides that the territory to which DT, FT and Sprint are granted licence rights shall generally be worldwide and not restricted to the respective party's own exclusive distribution territory. Under the terms of this Decision, DT and FT are prohibited from selling Phoenix products as distributors under the same contracts covering own reserved services.
63. Exclusivity is a guarantee for DT and FT to protect IPRs contributed to the joint venture against third parties and thus an incentive to contribute more valuable IPRs than would otherwise seem reasonable. On the other hand, the combination of (i) competitive alternatives in the market, (ii) bargaining power of customers in the market for customized packages of corporate telecommunications services to corporate users and (iii) the opening for DT and FT's passive sales into each other's home market ensure that the aim of protecting DT and FT's IPRs does not lead to an elimination of competition.
64. DT and FT are constrained under both national legislation and the terms of this Decision not to disclose information derived from operating the PSTN or providing reserved services to the entities whose services DT and FT are distributing. This ensures that exclusive distribution by DT in Germany and FT in France will not give Phoenix an unfair advantage over competitors in these countries. The Commission concludes from the above that the exclusive distributorship of DT and FT is indispensable within the meaning of Articles 85 (3) of the EC Treaty and 53 (3) of the EEA Agreement.
4. Elimination of competition
65. The creation of Phoenix will not in itself afford the parties the possibility of eliminating competition in the relevant services markets. The Commission has addressed related concerns raised by the integration of DT and FT's public X.25 packet-switched data networks into Atlas. The combination of (i) competitive alternatives in the market, (ii) bargaining power of customers in the market for customized packages of corporate telecommunications services to corporate users and (iii) the opening for DT and FT's passive sales into each other's home market ensure that the creation of Phoenix does not eliminate competition in the relevant markets.
66. As to the impact of DT and FT's dominant positions in Germany and France respectively, the Commission concludes that the terms of this Decision are sufficient to prevent an elimination of competition in the relevant markets. DT, FT and their respective subsidiaries are prohibited from selling Phoenix products as distributors under the same contracts covering own reserved services. DT and FT are also constrained under both national legislation and the terms of this Decision not to disclose information derived from operating the PSTN or providing reserved services to the Phoenix entities whose services DT and FT are distributing. This ensures that distribution of Phoenix services by DT in Germany and FT in France will not lead to market foreclosure or constitute a barrier to entry.
In the context of Phoenix, the following considerations are relevant:
Markets for non-reserved corporate telecommunications services
67. Global markets
Two years after the Commission's BT-MCI Decision global markets are still only emerging. Corporate users with global telecommunications needs still have an open demand for seamless services with customized features such as 24-hour technical assistance and maintenance service, one-stop billing across language barriers and currency zones and seamless links between premises spread over wide geographic areas. BT and MCI's Concert was the first player to enter that emerging market, with a head-start over its competitors. Phoenix is set to become a competitive player once the substantial required investment is made and a reliable seamless backbone network created. At this point in time the Commission regards entry of a competitor to Concert into this immature market as being dependant on the participation of an established United States provider with wide geographic coverage (32). Recent legislative changes in the United States have allowed regional Bell operating companies (RBOCs) to enter the long-distance market there. However, before such changes are felt in the market and while AT& T and MCI are engaged in alliances of their own, large existing players such as Sprint or LDDS are DT and FT's natural choice among United States long-distance carriers. The Commission therefore sees no elimination of competition in the emerging global market.
68. Cross-border regional market
This relevant market is discussed in detail under recitals 62 et seq. of the Atlas Decision. As was noted above, Phoenix essentially adds a global dimension to DT and FT's cooperation in the framework of Atlas and adds Sprint's existing European business in these markets. The elimination of Sprint as an independent supplier does not lead to an elimination of competition in the light of significant third-party competition stemming from existing alliances, such as AT& T WorldPartners, Concert and IPSP, and from future alliances between TOs that are not yet positioned, such as the RBOCs, NTT and European TOs such as Mercury. Moreover, at least partial competition for certain components of global customized packages of corporate telecommunications services and notably for packet-switched data communications services stems from niche players (33).
69. National markets
Phoenix adds to the restriction of competition brought about by Atlas in France and Germany in that one competitor to FT or DT there disappears. Adding DT's and FT's market shares to those of Sprint in France and Germany makes Phoenix the market leader for certain non-reserved corporate telecommunications services offered in customized packages, notably for outsourcing services. Outsourcing is relevant only until the market for cross-border and global services has evolved sufficiently to give current self-providers a choice of services that suits their needs. The Commission has ensured in the context of the related Atlas notification and in its 'Full Competition` Directive (34) the essential prerequisite of increased choice, namely infrastructure liberalization. The Commission is persuaded that competition will not be eliminated given the conditions imposed on DT and FT to (i) provide all reserved services required for the provision of non-reserved corporate telecommunications services, such as PSTN interconnection with all relevant information on inter alia implementation of protocols such as the Signalling System 7 (SS7) (35) on non-discriminatory terms to Phoenix and third parties, (ii) sell Phoenix products in contracts separate from those for own reserved services and (iii) gather, submit and have available the information required to verify compliance with those commitments.
70. The sale of Sprint's data and card business to T-Data in Germany and to Transpac France in France respectively is a concentration that does not attain a Community dimension. This does not affect the Commission's assessment of the Phoenix transaction under Articles 85 (3) of the EC Treaty and 53 (3) of the EEA Agreement. As was shown under recital, Sprint has small market shares in absolute figures for packet-switched data communications services in the French and German markets, but is an important player given that all competitors of FT and DT respectively taken together add up to less than a 20 % market share. The Commission considers that this will not be tantamount to an elimination of competition. A large number of data services providers is active in Germany and in France, where six service providers have been licensed to provide public data services under conditions similar to Sprint, in addition to a number of players that provide services under class licences or in areas where no licence is required.
71. DT and FT's public X.25 packet-switched data networks shall not be contributed to Atlas until there is full and effective liberalization of the French and German telecommunications markets. Moreover, the Commission considers that the conditions attached to this Decision for its entire duration, such as non-discriminatory interconnection of Phoenix and third parties to DT and FT's public X.25 packet-switched data networks over X.75 interfaces or equal technical and commercial treatment of Phoenix and competitors in respect of interconnection to the PSTN and other services relevant to call termination and services distribution, will ensure a level playing field more efficiently than in the past. Nevertheless, the existing regulatory framework in the respective home countries of DT, FT and Sprint already prohibits cross-subsidization and/or discrimination. These regulatory constraints, together with the additional conditions attached to this Decision, lead the Commission to conclude that Phoenix does not afford the parties the possibility of eliminating competition by either discrimination or cross-subsidization.
Markets for traveller services and carrier services
72. The Commission sees no elimination of competition attributable to the creation of Phoenix, in the relevant markets. Phoenix's aggregate market share in the Community is far from giving it a dominant position; it includes both postpaid and prepaid cards, although in the latter category most of the cards issued by DT and FT are usable in national public telephones only and are thus possibly not directly comparable to Sprint's cards. As for carrier services, Phoenix will be active in selling excess capacity on its backbone network in a market which is only emerging. Phoenix's position as third-largest global switched transit provider is due to the fact that only two other companies meet the most valuable requirement in this market, namely worldwide reach and ultimately coverage.
5. Conclusion
73. The Commission concludes that the Phoenix transactions meet all four conditions for an individual exemption pursuant to Articles 85 (3) of the EC Treaty and 53 (3) of the EEA Agreement, as regards both the creation of Phoenix and the indispensable restriction of DT and FT's exclusive distributorship in Germany and France respectively.
D. DURATION OF THE EXEMPTION, CONDITIONS AND OBLIGATIONS
74. Pursuant to Article 8 of Regulation No 17 and to Protocol 21 of the EEA Agreement respectively, the Commission shall issue a Decision pursuant to Articles 85 (3) of the EC Treaty and 53 (3) of the EEA Agreement for a specified period, and may attach conditions and obligations. Pursuant to Article 6 of Regulation No 17, such a Decision cannot take effect from an earlier date than the date of notification. Accordingly, this Decision shall, in so far as it grants an exemption from Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement, take effect for seven years from the date on which the second new infrastructure licence comes into force in both Germany and France authorizing the licensee to operate infrastructure for the provision of liberalized services in competition with DT and FT, and the respective first licensee as regards the Phoenix agreements as described above. Unlike Atlas, Phoenix is not focused on the German and French national markets, where the restrictive effects of a cooperation between DT and FT are felt strongest. These restrictive effects in a fast-changing market that is not yet fully liberalized meant that Atlas had to be granted an exemption only for a relatively short period of time. By contrast, Phoenix targets mainly cross-border and ultimately global markets, and only to a certain extent third-country national markets. Given that in this regard Phoenix resembles BT and MCI's Concert venture, the Commission considers that the same duration of the exemption is justified.
75. Until the date defined in Article 2 of the Atlas Decision, no entity created pursuant to the Phoenix agreements should receive more favourable treatment than any third-party in respect of access to DT and FT's public X.25 packet-switched data networks, provided that Phoenix may access such networks over proprietary interfaces on condition that such interconnection is economically equivalent to third-party access over interfaces using the X.75 protocol or any other generally used CCITT-standardized interconnection protocol that may modify, replace or co-exist as a standard related to the X.75 standard and is used by DT and FT, T-Data and Transpac France and eventually Atlas Germany and Atlas France.
76. Given the link between Atlas and Phoenix, the Commission may withdraw this Decision if the exemption granted to the Atlas agreements is not renewed by the end of the period defined in Article 1 of the Atlas Decision. Likewise, in the light of the assessment of the Atlas agreements due at the end of the initial exemption period the Commission will lift or modify those conditions attached to this Decision which parallel the conditions and obligations described in recitals 23 to 29 of the Atlas Decision. Moreover, the Commission will, upon the parties' request, review the need for any particular condition or obligation attached to this Decision if circumstances change substantially before the period of exemption expires.
77. The Commission has decided to attach certain conditions and obligations to this Decision to exclude the risk of collusion between DT, FT and Sprint and to prevent an elimination of competition in the relevant markets. To this end, the Commission must ensure that DT and FT, where they are dominant in the provision of infrastructure and services used by Phoenix or Sprint, treat both Sprint and all entities created pursuant to the Phoenix agreements on similar terms as third-party competitors in respect of such provision. The condition imposed on DT, FT and Sprint not to discriminate in each other's favour is necessary because Phoenix will offer non-reserved services and will operate under Sprint's existing international simple resale (ISR) licence in the United Kingdom and under FT's existing ISR licence in Sweden. A distinction between reserved and non-reserved voice services does not exist in a number of geographic markets targeted by Phoenix and this distinction is due to disappear in most Member States with full liberalization of public voice telephony by 1 January 1998. Therefore, in the absence of such condition the parents' cooperation in the framework of Phoenix could easily spill over to the voice telephony markets, thus impairing effective liberalization of such markets and the development of competition in the Community.
The non-discriminatory treatment of Sprint, of Phoenix entities and of third-party competitors (recital 31) will allow the last-named category to compete against DT and FT, which in turn have room to compete over distribution: passive sales are possible because the same Phoenix service may be sold from either end of the requested circuits, for example from Germany or from France. To limit the potentially negative effects of the joint venture on overall competition between the parents, the Commission considers it appropriate to impose restrictions on the exchange of sensitive information between the parents and Phoenix (recital 64).
The most crucial requirements as to conduct, designed to safeguard competition in the EEA, are attached as conditions rather than as obligations to this Decision, given the need to prevent an elimination of effective competition. Given the legal consequences of a breach of a condition, national courts can adequately and swiftly contribute to a decentralized policing of compliance and thus ensure that the competition rules will be adhered to the benefit of private individuals (36). However, the principle of proportionality requires that far-reaching legal, financial and commercial consequences do not ensue from occasional or individual mistakes whose effects on the market are negligible. Therefore, infringements of the prohibitions on cross-subsidization, discrimination and bundling cannot be considered to breach a condition attached to this Decision unless such infringements have a substantial impact on market conditions, for instance if practices are pursued systematically or repeatedly.
78. This Decision is without prejudice to the application of Article 86 of the EC Treaty and Article 54 of the EEA Agreement,
HAS ADOPTED THIS DECISION:
Article 1
Pursuant to Articles 85 (3) of the EC Treaty and 53 (3) of the EEA Agreement and subject to Articles 2 and 3 of this Decision, the provisions of Articles 85 (1) of the EC Treaty and 53 (1) of the EEA Agreement are hereby declared inapplicable, for a period of seven years from the date on which two or more licences for the construction or ownership and control of alternative infrastructure for the provision of liberalized telecommunications services come into force in both Germany and France, to:
(a) the creation of the Phoenix joint venture by Deutsche Telekom AG ('DT`), France Télécom ('FT`) and Sprint Communications Corporation ('Sprint`), as notified to the Commission, including the ancillary obligation imposed on Sprint, on DT and on FT to obtain from Phoenix all requirements for global products under section 2.1.1 of the operating entities services agreement and not to compete with the joint venture for the provision of Phoenix services under sections 10.2 and 10.3 of the joint venture agreement, as amended; and to
(b) the appointment of DT as the exclusive distributor of Phoenix in Germany and of FT as the exclusive distributor of Phoenix in France under section 2.2 (b) of the joint venture agreement as amended.
Article 2
The exemption set out in Article 1 is subject to the following conditions:
(a) Non-discrimination
1. DT and FT shall not grant either Sprint or any entity created pursuant to the Phoenix agreements, terms and conditions dissimilar to the terms and conditions applied to other providers of similar services, nor shall they exempt Sprint or such entity from any usage restrictions which would enable such entity to offer services which competing providers are prevented from offering with regard to the following facilities-related telecommunications services provided by FT and DT in France and Germany respectively:
(i) leased lines services, in particular international leased lines (half-circuits) and domestic leased lines, including any discounts, as the case may be; and
(ii) PSTN/ISDN services, including both access to PSTN/ISDN networks (namely analogue access; basic ISDN access; ISDN access to the public packet-switched data networks; special access from the public packet-switched data networks to ISDN; and national and international voice VPN and VPN interconnection services) and traffic over such networks.
Similarly, Phoenix shall not be granted more favourable treatment than third parties in connection with reserved facilities and services and with such facilities and services as remain an essential facility after full and effective liberalization of telecommunications infrastructure and services in France and Germany.
2. DT and FT shall grant to Sprint, to any entity created pursuant to the Phoenix agreement, and to any third party operating a telecommunications facility that apply for the interconnection of such facility with DT or FT's networks, such interconnection on non-discriminatory terms as will enable it/them to provide telecommunications services or provide its telecommunications facilities without limitation in any respect within the reasonable capabilities of the operator concerned.
3. DT and FT shall not in any way discriminate between Sprint, any entity created pursuant to the Phoenix agreements, and any other service provider competing with Sprint or such entity in connection with:
(i) either a decision substantially to modify technical interfaces for the access to reserved services, and/or essential facilities or services, or the disclosure of any other technical information relating to the operation of the PSTN/ISDN; competitors shall in particular have access to such software and interface information as is indispensable for maintaining the technical features of voice services where such competitors interconnect to the German or French PSTN/ISDN; and
(ii) the disclosure of any commercial information which would confer a substantial competitive advantage and which is not readily and equally available elsewhere to service providers competing with such entity.
4. Breaches of the requirements set out in points 1, 2 and 3 shall not be considered to infringe this condition unless such breaches have a substantial impact on the market.
(b) Interconnection to DT and FT's public packet-switched data networks
1. FT and DT shall immediately grant to Sprint, to any entity created pursuant to the Phoenix agreements, and to any third party, access to their respective public X.25 packet-switched data networks on non-discriminatory terms, including availability of volume or other discounts and the quality of interconnection provided.
2. Transpac France and T-Data shall, until such time as Transpac France and T-Data are yielded to Atlas, not disclose either to Sprint or to any entity created pursuant to the Phoenix agreements any specifically agreed terms that are identified and maintained as confidential by the party obtaining interconnection through standardized X.75 interfaces to access the French or German national public X.25 packet-switched data networks.
3. Sprint and any entity created pursuant to the Phoenix agreements may access the French and German public X.25 packet-switched data networks through proprietary interfaces, even for the provision of X.25 data communications services, provided that the access granted to Sprint or such entity through such interfaces is economically equivalent to third-party access to these networks.
4. Breaches of the requirements set out in points 1, 2 and 3 shall not be considered to infringe this condition unless such breaches have a substantial impact on the market.
(c) Correspondent services
1. DT and FT shall not give more favourable treatment to:
(i) Sprint over other United States correspondents; or
(ii) each other over other German or French correspondents once telecommunications services markets are fully liberalized.
2. Sprint shall not give more favourable treatment to DT and FT over other German or French correspondents once telecommunications services markets are fully liberalized.
(d) Cross-subsidization
1. All entities created pursuant to the Phoenix agreements shall be established as distinct entities separate from DT and FT.
2. All entities created pursuant to the Phoenix agreements shall obtain their own debt financing on their own credit, provided that FT and DT:
(i) may make any capital contributions or commercially normal loans to such entities that are required to enable such entities to conduct their respective businesses;
(ii) may pledge their venture interests in such entities, in connection with non-recourse financing for such entities; and
(iii) may guarantee any indebtedness of such entities; however, FT and DT may only make payments pursuant to any such guarantee following a default by such entities in respect of such indebtedness.
3. No entity created pursuant to the Phoenix agreements shall allocate directly or indirectly any part of its operating expenses, costs, depreciation, or other expenses of their business to any parts of FT or DT's business units (including, without limitation, the proportionate costs based on work actually performed that are attributable to shared employees or sales or marketing of Phoenix products and services by DT or FT employees), provided that any such entity may bill DT or FT for products and services supplied to DT or FT by such entity at:
(i) the same price charged third parties in the case of products or services sold to third parties in commercial quantities, or
(ii) on the basis of the full cost reimbursement or other arm's length pricing method in the case of products and services not sold to third parties in commercial quantities.
4. Breaches of the requirements set out in points 1, 2 and 3 shall not be considered to infringe this condition unless such breaches have a substantial impact on the market.
(e) Bundling
1. DT and FT shall sell their services under contracts separate from the contracts for the sale of Phoenix services concluded as distributors of Phoenix in Germany and France respectively. Each separate contract shall set out the terms and conditions of each individual service sold thereunder and shall, in particular, attain any quantity discounts or other discounts to a particular service, as the case may be.
2. Breaches of the requirements set out in point 1 shall not be considered to infringe this condition unless such breaches have a substantial impact on the market.
(f) Accounting
1. Any entity created under the Phoenix agreements in France and Germany, any ROE parent entity and any entity controlled by a ROE parent entity shall keep separate accounting records using international accounting standards for each service they provide in any country. DT and FT (including all subsidiaries) shall keep separate accounting records using international accounting standards for each service they provide to any entity created pursuant to the Phoenix agreements, operating in the EEA.
2. DT and FT shall within one year of the date defined in Article 1 above implement an accounting system which generates sufficiently detailed records of the services covered by point 1 above. These records shall detail the following:
(i) the cost standard used;
(ii) the accounting conventions used for the treatment of costs;
(iii) the allocation and attribution of expenses or costs, revenues, assets and liabilities shared between any entity created pursuant to the Phoenix agreements and DT and/or FT; and
(iv) the attribution method chosen.
3. The accounting records referred to in points 1 and 2 shall identify all services provided to:
(i) any entity created pursuant to the Phoenix agreements in France and Germany;
(ii) any ROE parent entity; and
(iii) any entity controlled by a ROE parent entity by DT and FT or transfers to or from DT and FT.
4. No entity created pursuant to the Phoenix agreement, ROE parent entity or entity controlled by a ROE parent entity shall receive any material subsidy directly or indirectly from DT or FT, or any investment or payment from DT or FT that is not recorded in the books of such entities as an investment in debt or equity.
Article 3
The exemption granted under this Decision is subject to the following obligations:
(a) Auditing
1. All entities created pursuant to the Phoenix agreements in France and Germany, all ROE parent entities and any entity controlled by a ROE parent entity shall be audited by an independent external auditor every 12 months, provided that such audit shall certify from an accounting viewpoint that:
(i) all transactions between these undertakings, on the one hand, and FT and DT, on the other hand, have been conducted at arm's length;
(ii) these undertakings have adhered to the accounting procedures; and
(iii) the calculation numbers are accurate.
2. The first auditing report and certificate complying with point 1, covering the 12-month period starting on the date when this Decision takes effect, shall be submitted to the Commission within 15 months of that date.
(b) Other obligations
DT, FT, all entities created pursuant to the Phoenix agreements in France and Germany, all ROE parent entities and all entities controlled by a ROE parent entity shall each, for the purpose of ascertaining and ensuring compliance by these undertakings with the conditions set out in Article 2,
1. keep all detailed records and documents necessary to prove complete compliance with the terms of the conditions set out in Article 2 ready for inspection by the Commission and to enable the Commission to verify the correctness of the audit certificate referred to in point (a) (2);
2. give the Commission access to their business premises to inspect records and documents covered by the obligations set out under heading (a) and to receive oral explanations relating to such documents on reasonable notice, during office hours, and without the need for the Commission to invoke the powers of inspection pursuant to Regulation No 17; and
3. provide the Commission with:
(i) any records and documents in the possession or control of these undertakings necessary for that determination;
(ii) unaudited accounting data as specified in points 1 and 2 every six months, starting one year after the commencement date of the exemption pursuant to Article 1; and
(iii) further oral or written explanations.
Article 4
This Decision is addressed to:
Deutsche Telekom AG
Friedrich-Ebert-Allee 140
D-53105 Bonn
France Télécom
Place d'Alleray
F-75505 Paris Cedex
Sprint Communications Corporation
2330 Shawnee Mission Parkway
Westwood, Kansas
Missouri 66205
USA.
Done at Brussels, 17 July 1996.
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COMMISSION REGULATION (EEC) No 1482/88 of 30 May 1988 on the supply of various consignments of cereals and rice to Mozambique as food aid
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as amended by Regulation (EEC) No 3785/87 (2), and in particular Article 6 (1) (c) thereof,
Whereas Council Regulation (EEC) No 1420/87 of 21 May 1987 laying down implementing rules for Regulation (EEC) No 3972/86 on food-aid policy and food-aid management (3) lays down the list of countries and organizations eligible for food-aid operations and specifies the general criteria on the transport of food aid beyond the fob stage;
Whereas, by its Decision of 30 July 1987 on the supply of food aid to Mozambique the Commission allocated to the latter country 15 000 tonnes of cereals;
Whereas it is necessary to provide for the carrying-out of this measure in accordance with the rules laid down by Commission Regulation (EEC) No 2200/87 of 8 July 1987 laying down general rules for the mobilization in the Community of products to be supplied as Community food aid (4); whereas it is necessary to specify the time limits and conditions of supply and the procedure to be followed to determine the resultant costs,
HAS ADOPTED THIS REGULATION:
Article 1 A tendering procedure is hereby initiated for the award of a contract for the supply of cereals to Mozambique in accordance with the provisions of Regulation (EEC) No 2200/87 and with the conditions laid down in the Annexes hereto.
Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 1987.
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*****
COMMISSION REGULATION (EEC) No 554/85
of 1 March 1985
adopting exceptional support measures for the market in pigmeat
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EEC) No 2966/80 (2), and in particular Article 20 thereof,
Whereas, because of the health situation in the breeding sector in one region of production in Italy, the passage of live pigs from that region is not possible for the time being; whereas pigmeat may be consigned for storage outside that region on condition that the provisions of Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat (3), as last amended by Directive 84/643/EEC (4), are complied with;
Whereas, in order to take account of the limitations to free circulation resulting from the situation, exceptional measures to support the market in that specific region must be taken;
Whereas it is therefore appropriate to fix private storage aid for certain sensitive products in accordance with the detailed implementing rules for the granting of private storage aid in the pigmeat sector adopted by Commission Regulation (EEC) No 1092/80 (5), as last amended by Commission Regulation (EEC) No 201/85 (6);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
1. As from 4 March until 30 March 1985 applications for private storage aid in the pigmeat sector may be made to the Italian intervention agency in accordance with the provisions of Regulation (EEC) No 1092/80 and of this Regulation.
Only products coming from pigs reared and slaughtered in the restricted zone covering the communes in the province of Mantua fixed by orders No 594 of 13 February 1985 of local health office No 47, No 1679 of 16 February 1985 of local health office No 50 and No 1155 of 21 February 1985 of local health office No 52, can be subject to this aid. Storage may take place outside the restricted zone as defined above provided that the provisions of Directive 72/461/EEC on health problems are complied with.
The list of products which qualify for aid and the relevant amounts are set out in the Annex hereto.
2. If the period of storage is extended or curtailed, the amount of aid shall be adjusted accordingly. The amounts of the supplements per month and the deductions per day are set out in columns 7 and 8 of the Annex.
Article 2
The minimum quantities per contract and per product shall be as follows:
(a) 10 tonnes for carcases and half carcases;
(b) five tonnes for all the other products.
Article 3
The security shall be 20 % of the amounts of aid set out in the Annex.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 March 1985.
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Commission Regulation (EC) No 2131/2002
of 29 November 2002
prohibiting fishing for haddock by vessels flying the flag of Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2555/2001 of 18 December 2001 fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3) lays down quotas for haddock for 2002.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of haddock in the waters of Skagerrak and Kattegat and ICES divisions IIIb, c and d (EC waters) by vessels flying the flag of Sweden or registered in Sweden have exhausted the quota allocated for 2002. Sweden has prohibited fishing for this stock from 3 October 2002. This date should be adopted in this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of haddock in the waters of Skagerrak and Kattegat and ICES divisions IIIb, c and d (EC waters) by vessels flying the flag of Sweden or registered in Sweden are hereby deemed to have exhausted the quota allocated to Sweden for 2002.
Fishing for haddock in the waters of Skagerrak and Kattegat and ICES divisions IIIb, c and d (EC waters) by vessels flying the flag of Sweden or registered in Sweden is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 3 October 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2002.
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COMMISSION REGULATION (EC) No 1686/2004
of 28 September 2004
authorising transfers between the quantitative limits of textiles and clothing products originating in Macao
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1), and in particular Article 7 thereof,
Whereas:
(1)
Article 7 of the Agreement between the European Economic Community and Macao on trade in textile products, approved by Council Decision 87/497/EEC (2), as last amended by an Agreement in the form of an Exchange of Letters, and approved by Council Decision 95/131/EC (3) on 20 February 1995, provides that transfers may be agreed between categories and quota years.
(2)
Macao submitted a request for transfers between quota years on 5 May 2004.
(3)
The transfers requested by Macao fall within the limits of the flexibility provisions referred to in Article 7 of Regulation (EEC) No 3030/93 and set out in Annex VIII, column 9 thereto.
(4)
It is, therefore, appropriate to grant the request.
(5)
It is desirable for this Regulation to enter into force on the day after its publication in order to allow operators to benefit from it as soon as possible.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee set up by Article 17 of Regulation (EEC) No 3030/93,
HAS ADOPTED THIS REGULATION:
Article 1
Transfers between the quantitative limits for textile goods originating in Macao fixed by the Agreement between the European Community and Macao on trade in textile products are authorised for the quota year 2004 in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2004.
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COMMISSION REGULATION (EEC) No 3807/92
of 23 December 1992
amending Regulations (EEC) No 2182/77, (EEC) No 985/81 and (EEC) No 2848/89 relating to beef following the replacement of Regulation (EEC) No 569/88 by Regulation (EEC) No 3002/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 2066/92 (2), and in particular Article 7 (3) thereof,
Whereas certain products from intervention may be subject to certain restrictions on their use and/or destination;
Whereas Commission Regulation (EEC) No 569/88 (3) was replaced by Commission Regulation (EEC) No 3002/92 (4) on the new common detailed rules for verifying the use and/or destination of products from intervention to ensure that the latter are used for the purpose laid down or sent to the destination specified;
Whereas those new detailed rules make it necessary to amend the following Regulations as regards references to the entries laid down in Regulation (EEC) No 569/88:
- Commission Regulation (EEC) No 2182/77 of 30 September 1977 laying down detailed rules for the sale of frozen beef from intervention stocks for processing in the Community (5), as last amended by Regulation (EEC) No 3988/87 (6),
- Commission Regulation (EEC) No 985/81 of 9 April 1981 laying down detailed rules on the sale of frozen beef and veal for export from intervention stocks (7), as last amended by Regulation (EEC) No 1809/87 (8),
- Commission Regulation (EEC) No 2848/89 of 22 September 1989 on the sale of certain products of the beef and veal sector held by intervention agencies to certain welfare institutions and bodies (9), as last amended by Regulation (EEC) No 1722/92 (10);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2182/87 is hereby amended as follows:
1. in Article 3 (3), 'Article 13 (3) of Regulation (EEC) No 1687/76` is replaced by 'Article 5 (2) of Commission Regulation (EEC) No 3002/92 (*).`
The corresponding footnote ((*) OJ No L 301, 17. 10. 1992, p. 17.) is added;
2. in Article 4 (2), 'Article 13 (3) of Regulation (EEC) No 1687/76` is replaced by 'Article 5 (2) of Regulation (EEC) No 3002/92`;
3. in Article 5 (2), 'Article 12 of Regulation (EEC) No 1687/76` is replaced by 'Article 4 of Regulation (EEC) No 3002/92`;
4. Article 9 is replaced by the following:
'Article 9
In addition to the entries laid down in Regulation (EEC) No 3002/92, Section 104 of T 5 control copies must be completed with one or more of the following:
Destinados a la transformación [Reglamento (CEE) n° 2182/77]
Til forarbejdning (forordning (EOEF) nr. 2182/77)
Zur Verarbeitung bestimmt (Verordnung (EWG) Nr. 2182/77)
Ðñïïñéaeueìaaíá ãéá ìaaôáðïssçóç [êáíïíéóìueò (AAÏÊ) áñéè. 2182/77]
For processing (Regulation (EEC) No 2182/77)
Destinées à la transformation [règlement (CEE) n° 2182/77]
Destinate alla trasformazione [regolamento (CEE) n. 2182/77]
Bestemd om te worden verwerkt (Verordening (EEG) nr. 2182/77)
Destinadas a transformação [Regulamento (CEE) n° 2182/77];
Section 106 of T 5 control copies must be completed with the date of conclusion of the contract of sale and:
- in the case of meat intended for the manufacture of preserved food: system A,
- in the case of meat intended for the manufacture of other products: system B.`
Article 2
Regulation (EEC) No 985/81 is hereby amended as follows:
1. in Article 1 (2), 'Regulation (EEC) No 1687/76` is replaced by 'Commission Regulation (EEC) No 3002/92 (*)`.
The corresponding footnote ((*) OJ No L 301, 17. 10. 1992, p. 17.) is added;
2. in Article 3 (4), 'Article 13 (4) of Regulation (EEC) No 1687/76` is replaced by 'Article 15 of Regulation (EEC) No 3002/92`;
3. Article 6 of Regulation (EEC) No 985/81 is deleted.
Article 3
Regulation (EEC) No 2848/89 is hereby amended as follows:
1. in Article 6 (3), 'Article 5 (2) of Regulation (EEC) No 569/88` is replaced by 'Article 5 (2) of Regulation (EEC) No 3002/92`;
2. Article 7 is replaced by the following:
'Article 7
On the dispatch of intervention meat intended for institutions located in another Member State:
in addition to the entries laid down in Regulation (EEC) No 3002/92, Section 104 of T 5 control copies must be completed with one or more of the following:
Destinados a instituciones [Reglamento (CEE) n° 2848/89]
Bestemt til institutioner (forordning (EOEF) nr. 2848/89)
Fuer Einrichtungen bestimmt (Verordnung (EWG) Nr. 2848/89)
Ãéá ïñãáíéóìïýò [êáíïíéóìueò (AAÏÊ) áñéè. 2848/89]
For institutions (Regulation (EEC) No 2848/89)
Destinés à des institutions [règlement (CEE) n° 2848/89]
Destinati ad istituzioni [regolamento (CEE) n. 2848/89]
Bestemd voor instellingen (Verordening (EEG) nr. 2848/89)
Destinados a instituições [Regulamento (CEE) n° 2848/89].`.
Article 4
This Regulation shall enter into force on 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 1992.
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COMMISSION REGULATION (EC) No 233/2007
of 2 March 2007
fixing the import duties applicable to certain husked rice from 3 March 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), and in particular Article 1a,
Whereas:
(1)
Based on the information provided by the competent authorities, the Commission notes that import licences for husked rice falling within CN code 1006 20 excluding import licences for Basmati rice have been issued in respect of 352 809 tonnes for 1 September 2006 to 28 February 2007. The import duty for semi-milled or wholly milled rice falling within CN code 1006 20, other than Basmati rice, must therefore be amended.
(2)
As the applicable duty must be fixed no later than ten days from the end of the period referred to above, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
The import duty for husked rice falling within CN code 1006 20 shall be EUR 65,00 per tonne.
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, 2 March 2007.
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COMMISSION DIRECTIVE 2005/54/EC
of 19 September 2005
amending Council Directive 91/414/EEC to include tribenuron as active substance
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
Whereas:
(1)
Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes tribenuron.
(2)
For tribenuron the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifiers. Moreover, those regulations designate the Rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For tribenuron (in the form of tribenuron-methyl) the Rapporteur Member State was Sweden and all relevant information was submitted on 19 June 2003.
(3)
The assessment report has been peer reviewed by the Member States and the EFSA within its Working Group Evaluation and presented to the Commission on 19 October 2004 in the format of the EFSA Scientific Report for tribenuron (4). This report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 15 February 2005 in the format of the Commission review report for tribenuron.
(4)
It has appeared from the various examinations made that plant protection products containing tribenuron may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include tribenuron in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.
(5)
A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.
(6)
Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing tribenuron to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.
(7)
The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.
(8)
It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(9)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Article 2
Member States shall adopt and publish by 31 August 2006 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 September 2006.
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
1. Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing tribenuron as an active substance by 31 August 2006.
By that date they shall in particular verify that the conditions in Annex I to that Directive relating to tribenuron are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
2. By derogation from paragraph 1, for each authorised plant protection product containing tribenuron as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 28 February 2006 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning tribenuron. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
Following that determination Member States shall:
(a)
in the case of a product containing tribenuron as the only active substance, where necessary, amend or withdraw the authorisation by 28 February 2010 at the latest; or
(b)
in the case of a product containing tribenuron as one of several active substances, where necessary, amend or withdraw the authorisation by 28 February 2010 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.
Article 4
This Directive shall enter into force on 1 March 2006.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 19 September 2005.
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*****
COMMISSION DECISION
of 9 June 1983
establishing that the apparatus described as 'Spex - Monochromator Minimate, model 1670' may not be imported free of Common Customs Tariff duties
(83/303/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 30 November 1982, the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'Spex - Monochromator Minimate, model 1670', ordered on 23 December 1981 and intended to be used in a research project which deals with the development of new methods for measuring small absorption changes in plants, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 30 May 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 monochromator;
Whereas its objective technical characteristics, such as the wide gamma of the spectrum, and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus 'H25' manufactured by Jobin Yvon, 16-18 rue du Canal, F-91163 Longjumeau and to the apparatus 'Monochromator 121' manufactured by Edinburgh Instruments Ltd, Riccarton, Currie, UK-Edinburgh EH14 4AP,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Spex - Monochromator Minimate, model 1670', which is subject of an application by the Federal Republic of Germany of 30 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, 9 June 1983.
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COUNCIL REGULATION (EC) No 1532/95 of 29 June 1995 fixing the monthly price increases for paddy rice and husked rice for the 1995/96 marketing year
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (1), and in particular Article 7 (2) thereof,
Having regard to the proposal from the Commission (2),
Whereas, when the number and amount of the monthly increases and the first month during which these increases are to apply are fixed, account should be taken of the storage costs and financing charges for storing rice in the Community and of the need to ensure that the disposal of stocks of rice conforms to market requirements,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the 1995/96 marketing year, the amount of each of the monthly increases provided for in Article 7 (1) of Regulation (EEC) No 1418/76 shall be ECU 2,28 per tonne for the intervention price and for the buying-in-price.
2. The monthly increases shall apply to the intervention price and the buying-in price from 1 January 1996 to 1 July 1996, the prices thus obtained for July 1996 remaining valid until 31 August 1996.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 June 1995.
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Council Regulation (EC) No 1089/2003
of 18 June 2003
adopting autonomous and transitional measures concerning the importation of certain processed agricultural products originating in the Slovak Republic and the exportation of certain processed agricultural products to the Slovak Republic
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Protocol 3 to the Europe Agreement between the European Communities and the Slovak Republic, approved by Decision 94/909/EC, ECSC, Euratom of the Council and the Commission of 19 December 1994 concerning the conclusion of a Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part(1), provides for tariff concessions for processed agricultural products originating in the Slovak Republic. Protocol 3 was amended by the Protocol for the adaptation of trade aspects of the Europe Agreement with the Slovak Republic(2), hereinafter referred to as the "Adaptation Protocol", which was approved by Council Decision 98/638/EC(3).
(2) A trade agreement has been concluded, which amends Protocol 3. The agreement aims to improve economic convergence in preparation for the accession of the Slovak Republic to the European Union and is scheduled to enter into force no later than 1 June 2003. On the Community side that agreement lays down concessions in the form of complete liberalisation of trade for certain processed agricultural products and duty-free quotas for others. For imports outside of those quotas the provisions laid down in Protocol 3 continue to apply.
(3) The procedure for adopting a decision to amend the Adaptation Protocol will not be completed in time for its entry into force on 1 July 2003. It is therefore necessary to provide for the application of the tariff concessions made to the Slovak Republic on an autonomous basis as from 1 July 2003.
(4) For the importation of certain agricultural products no customs duties should be applied and for others duty-free quotas should be opened.
(5) Commission Regulation (EC) No 2359/2002 of 27 December 2002 on the opening of tariff quotas for the year 2003 for imports into the European Community of certain products originating in the Czech Republic, Romania and Slovakia(4) should continue to apply for certain goods covered by Protocol 3 but not listed in this Regulation.
(6) On processed agricultural products covered by Protocol 3 but not listed in this Regulation or for which the quotas opened by this Regulation are exhausted, the trade provision laid down in Protocol 3 should continue to apply.
(7) Processed agricultural products not covered by Annex I to the Treaty should not be eligible for export refunds under Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds(5).
(8) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(6) provides for a system for managing tariff quotas. The tariff quotas opened by this Regulation should be managed by the Community authorities and the Member States in accordance with that system.
(9) 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(7),
HAS ADOPTED THIS REGULATION:
Article 1
From 1 July 2003 imports into the Community of processed agricultural products originating in the Slovak Republic and listed in Annex I shall be exempted from customs duties and equivalent charges.
Article 2
1. Imports into the Community of processed agricultural products originating in the Slovak Republic and listed in Annex II shall be exempted from customs duties and charges having equivalent effect, at the levels and within the limits of the annual Community tariff quotas set out in that Annex.
2. For 2003, the volume of the quotas set out in Annex II, shall be reduced in proportion to the number of months already elapsed in that year.
Article 3
Processed agricultural products not listed in Annex I to the Treaty shall not be eligible for export refunds to the Slovak Republic under Regulation (EC) No 1520/2000.
Article 4
For processed agricultural products which are not covered by Annex I and Annex II or for which the quotas referred to in Annex II are exhausted, the provisions set out in Protocol 3 shall apply.
Article 5
Regulation (EC) No 2359/2002 shall continue to apply for the tariff quota opened under Order No 09.5417 for products not covered by Annex I or Annex II.
Article 6
The Commission may suspend the measures provided for in Articles 1, 2 and 3 in case of non-application of the reciprocal preferences agreed by the Slovak Republic in accordance with the procedure referred to in Article 8(2).
Article 7
The tariff quotas referred to in Annex II shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 8
1. The Commission shall be assisted by the Committee referred to in Article 16 of Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(8), hereinafter referred to as "the Committee".
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 9
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply as from 1 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 18 June 2003.
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*****
COUNCIL REGULATION (EEC) No 3411/84
of 4 December 1984
allocating between the Member States the 1985 Community catch quotas in the regulatory area defined in the NAFO Convention
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (1), and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas the Convention on Future Multilateral Cooperation in the North-West Atlantic Fisheries, hereinafter referred to as 'the NAFO Convention,' was approved by the Council in its Regulation (EEC) No 3179/78 (2);
Whereas the NAFO Convention entered into force on 1 January 1979;
Whereas the Fisheries Commission of the North-West Atlantic Fisheries Organization adopted on 14 September 1984 a proposal establishing limitations for catches of certain species in the regulatory area for 1985 which became a measure binding upon the Community on 24 November 1984;
Whereas it is the responsibility of the Community to take appropriate steps to ensure compliance by Community vessels with the said measure;
Whereas, under the terms of Article 3 of Regulation (EEC) No 170/83, it is incumbent upon the Council to establish the total allowable catches by stock or group of stocks, the share available for the Community and also the specific conditions under which the catches must be made; whereas, under the terms of Article 4 of the same Regulation, the share available for the Community is allocated between the Member States;
Whereas the NAFO Commission proposal on squid, made on 14 September 1984, does not provide for specific quotas for Canada and the Community; whereas the Community should therefore establish a quota for its own fishermen at a level which takes account both of the TAC proposed by NAFO for the entire stock and of the interests of Community fishermen;
Whereas information about catches by Community vessels should be made available to their respective Member States and to the Commission in order to ensure that these quotas are complied with,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 1985, catches of the species mentioned in Annex I, by vessels flying the flag of a Member State in the regulatory area as defined in Article 1 (2) of the NAFO Convention, shall be limited, within the parts of the regulatory area referred to in the said Annex, to the quotas set out therein.
2. By-catches of the species referred to in Annex I taken in those areas in which no allocation for a directed fishery is provided by this Regulation shall not exceed for each of the species on board the vessel, listed in Annex I, 2 500 kilograms or 10 % by weight of all fish on board the vessel, whichever is the greater.
Article 2
1. Vessels fishing in the area referred to in Article 1 shall keep a log-book in which the information specified in Annex II is to be entered.
2. Vessels fishing in the area referred to in Article 1 shall transmit to the authorities of their flag State by the 16th day of each month in respect of the first half of that month and by the first day of each month in respect of the second half of the preceding month, reports concerning their catches in the said area. Such reports shall give catches in tonnes by species and quota area for the period covered by the report.
3. Vessels intending to fish in the regulatory area for a particular stock for which no quota has been allocated to the Community shall transmit to the authorities of their flag State notification of such an intention, at least 72 hours before starting to fish for an amount allocated to 'Others' for that stock, together, if possible, with an estimate of the projected catch. Vessels engaging in such a fishery shall transmit to the authorities of their flag State reports of catches from that stock, at 48-hour intervals.
Article 3
1. Member States shall transmit regularly to the Commission the reports of vessels flying their flag which have been made in accordance with Article 2 (2). Reports received in respect of the first half of each month shall be transmitted to the Commission by the 20th day of the same month and those received in respect of the second half of each month shall be transmitted by the fifth day of the following month.
2. Member States shall transmit without delay to the Commission information received in accordance with Article 2 (3).
3. Member States shall transmit to the Commission by the 20th day of each month information concerning the landings made during the previous month by vessels flying their flag fishing in the area referred to in Article 1.
Article 4
Member States shall inform the Commission of all vessels flying their flag which intend to engage in fishing or in the processing of sea-fish in the area referred to in Article 1 at least 30 days before the intended commencement of such activity. This information shall include:
(a) name of the vessel;
(b) official number of the vessel registered by the appropriate national authorities;
(c) home port of the vessel;
(d) name of owner or charterer of the vessel;
(e) a declaration that the master has been provided with a copy of the regulations in force in the regulatory area;
(f) principal target species of the vessel while fishing within the regulatory area;
(g) sub-areas where the vessel will be expected to fish.
Article 5
1. When informed by the Executive Secretary of the North-West Atlantic Fisheries Organization that one of the quotas referred to in Article 2 (3) has been fully utilized, the Commission shall so inform the Member States, which shall take appropriate measures to ensure that fishing by vessels flying their flag for the stock concerned shall cease within three working days of the date of receipt by the Commission of the information from the Executive Secretary.
2. If the Commission has reason to believe, on the basis of the information received from the Member States, that the quota concerned has been fully utilized, it shall, without waiting for the notification from the Executive Secretary, so inform the Member States, which shall take appropriate measures to ensure that fishing by vessels flying their flag for the stock in question shall cease without delay.
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January to 31 December 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 December 1984.
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Commission Directive 2003/28/EC
of 7 April 2003
adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous 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 Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(1), as last amended by Commission Directive 2001/7/EC(2), and in particular Article 8 thereof,
Whereas:
(1) Annexes A and B to Directive 94/55/EC refer to Annexes A and B to the European Agreement concerning the international carriage of dangerous goods by road, generally known as the ADR, as applicable with effect from 1 July 2001.
(2) The ADR is updated every two years. Consequently, the amended version will be in force with effect from 1 January 2003, with a transitional period up to 30 June 2003.
(3) Annex C contains references to marginals which must become points.
(4) It is therefore necessary to amend the Annexes to Directive 94/55/EC.
(5) The measures provided for in this Directive are in conformity with the opinion of the Committee for the transport of dangerous goods,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes to Directive 94/55/EC are hereby amended as follows:
1. Annex A is replaced by the following:
"ANNEX A
Provisions of Annex A to the European Agreement on the international carriage of dangerous goods by road (ADR), as applicable with effect from 1 January 2003, it being understood that "contracting party" is replaced by "Member State".
The text of the amendments of the 2003 version of Annex A to the ADR will be published as soon as it is available in all official languages of the Community."
2. Annex B is replaced by the following:
"ANNEX B
Provisions of Annex B to the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), as applicable with effect from 1 January 2003, it being understood that "contracting party" is replaced by "Member State".
The text of the amendments of the 2003 version of Annex B to the ADR will be published as soon as it is available in all official languages of the Community."
3. Annex C is amended in conformity with Annex C to this Directive.
Article 2
1. The Member States shall bring into force the laws, regulations and administrative provisions needed to conform with this Directive no later than 1 July 2003. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. The Member States shall notify to the Commission the text of the provisions of internal law which they adopt in the field governed by this Directive.
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, 7 April 2003.
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COMMISSION REGULATION (EC) No 1646/98 of 27 July 1998 fixing the quantities of banana imports for supply to the Community for the fourth quarter of 1998 (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 20 thereof,
Whereas Article 9(1) of Commission Regulation (EEC) No 1442/93 (3), as last amended by Regulation (EC) No 1409/96 (4), provides that indicative quantities, expressed where necessary as percentages of the shares allocated to the various countries or groups of countries listed in Annex I to Commission Regulation (EC) No 478/95 (5), as last amended by Regulation (EC) No 702/95 (6), or of the quantities of those quotas available are to be fixed using data and forecasts relating to the Community market, for the purposes of issuing import licences for each quarter;
Whereas the tariff quota quantities available for imports from the countries or groups of countries listed in Annex I to Regulation (EC) No 478/95 for the fourth quarter of 1998 should be determined taking account on the one hand of the import licences issued during the first three quarters and on the other hand of the tariff quota provided for in Article 18 of Regulation (EEC) No 404/93 plus the quantity laid down in Commission Regulation (EC) No 1645/98 (7);
Whereas, with a view to achieving the same objectives, the indicative quantities provided for in Article 14(1) of Regulation (EEC) No 1442/93 should be fixed for the purposes of issuing licences for traditional banana imports from the African, Caribbean and Pacific (ACP) States;
Whereas this Regulation must enter into force immediately so that licence applications can be lodged in respect of the fourth quarter of 1998;
Whereas the Management Committee for Bananas has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities available for import in respect of the fourth quarter of 1998 under the tariff quota arrangements for banana imports from the countries or groups of countries listed in Annex I to Regulation (EC) No 478/95 shall be as set out in Annex I hereto.
2. Applications for import licences in respect of the fourth quarter of 1998 from individual operators may not cover a quantity exceeding the difference between the quantity allocated to the operator pursuant to Article 4(4) and Article 6 of Regulation (EEC) No 1442/93 and the total quantity covered by import licences issued to him in respect of the first three quarters. Import licence applications shall be accompanied by copies of any import licences issued to the operator in respect of the preceding quarters.
Article 2
Pursuant to Article 14(1) of Regulation (EEC) No 1442/93, quantities available for traditional imports of bananas from the ACP States for the fourth quarter of 1998 shall be as set out in Annex II hereto.
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, 27 July 1998.
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COUNCIL REGULATION (EC) No 1223/2004
of 28 June 2004
amending Regulation (EC) No 1228/2003 of the European Parliament and of the Council as regards the date of application of certain provisions to Slovenia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and in particular Article 2(3) thereof,
Having regard to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, and in particular Article 57 thereof,
Having regard to the request of Slovenia,
Having regard to the proposal from the Commission,
Whereas:
(1)
Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (1) aims at setting fair rules for cross-border exchanges in electricity. That Regulation shall apply from 1 July 2004.
(2)
In accordance with Article 6(1) of Regulation (EC) No 1228/2003, network congestion problems are to be addressed by means of non-discriminatory market-based solutions which give efficient economic signals to the market participants and transmission system operators involved.
(3)
The Guidelines on the management and allocation of available transfer capacity of interconnections between national systems, set out in the Annex to Regulation (EC) No 1228/2003, contain rules which are directly linked to the general principle contained in Article 6(1) of that Regulation.
(4)
Slovenia has requested a transitional period for the application of Article 6(1) of that Regulation and the related provisions in those Guidelines, until 1 July 2007.
(5)
Slovenia has demonstrated that without a transitional period certain Slovenian energy-intensive industries would be adversely affected by higher prices for electricity imported from Austria and certain electricity producers by lower incomes from export sales to Italy. That situation would impede the ongoing efforts of the industries concerned to restructure and respectively comply with Community acquis applicable to electricity production.
(6)
The reasons provided by Slovenia justify a derogation. Furthermore, due to the small interconnection capacity of the two interconnections concerned and given that that situation is unlikely to change before 1 July 2007, the practical impact on the internal market of such a derogation will be very small.
(7)
The derogation should be limited to what is strictly necessary in view of the Slovenian request. It should, therefore, only cover the part of the interconnection capacity allocated by the Slovenian transmission system operator and apply only insofar as such capacity does not exceed half of the total capacity available.
(8)
Regulation (EC) No 1228/2003 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 15 of Regulation (EC) No 1228/2003, the following subparagraph shall be added:
‘As regards interconnections between Slovenia and neighbouring Member States, Article 6(1), as well as rules 1 to 4 contained in the chapter entitled “General” of the Annex, shall apply from 1 July 2007. This paragraph shall apply only to the interconnection capacity which is allocated by the Slovenian transmission system operator and only insofar as such capacity does not exceed half of the total available interconnection capacity.’
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 28 June 2004.
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Commission Regulation (EC) No 1059/2001
of 31 May 2001
setting the amounts of aid for the supply of rice products from the Community to the Azores and Madeira
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 introducing specific measures in respect of certain agricultural products for the benefit of the Azores and Madeira(1), as last amended by Regulation (EC) No 2826/2000(2), and in particular Article 10 thereof,
Whereas:
(1) Pursuant to Article 10 of Regulation (EEC) No 1600/92, the requirements of the Azores and Madeira for rice are to be covered in terms of quantity, price and quality by the mobilization, on disposal terms equivalent to exemption from the levy, of Community rice, which involves the grant of an aid for supplies of Community origin. This aid is to be fixed with particular reference to the costs of the various sources of supply and in particular is to be based on the prices applied to exports to third countries.
(2) Commission Regulation (EEC) No 1696/92(3), as last amended by Regulation (EEC) No 2596/93(4), lays down common detailed rules for implementation of the specific arrangements for the supply of certain agricultural products, including rice, to the Azores and Madeira. Commission Regulation (EEC) No 1983/92 of 16 July 1992 laying down detailed rules for implementation of the specific arrangements for the supply of rice products to the Azores and Madeira and establishing the forecast supply balance for these products(5), as last amended by Regulation (EC) No 1683/94(6), lays down detailed rules which complement or derogate from the provisions of the aforementioned Regulation.
(3) As a result of the application of these detailed rules to the current market situation in the rice sector, and in particular to the rates of prices for these products in the European part of the Community and on the world market the aid for supply to the Azores and Madeira should be set at the amounts given in the Annex.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Pursuant to Article 10 of Regulation (EEC) No 1600/92, the amount of aid for the supply of rice of Community origin under the specific arrangements for the supply of the Azores and Madeira shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 May 2001.
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*****
COMMISSION REGULATION (EEC) No 3081/85
of 5 November 1985
derogating from Regulation (EEC) No 1303/83 laying down special detailed rules for the application of the system of import licences and advance fixing certificates for products processed from fruit and vegetables
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 516/77 of 14 March 1977 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 746/85 (2), and in particular Articles 9 (3) and 10 (3) thereof,
Whereas Article 5 (1) of Commission Regulation (EEC) No 1303/83 (3), as last amended by Regulation (EEC) No 793/85 (4), provides that import licences for the products listed in that paragraph make it obligatory to import from the country indicated in the licence; whereas in anticipation of the accession of Spain and Portugal to the European Communities no import licences will be required from 1 March 1986 for products originating in those countries;
Whereas Article 2 (1) of Regulation (EEC) No 1303/83 provides that import licences shall be valid for a period of three months; whereas the period of validity for licences covering products originating in Spain or Portugal should not extend beyond 28 February 1986;
Whereas Article 5 (2) of Regulation (EEC) No 1303/83 lays down that the holder of a licence may apply to have the country of origin indicated in a licence altered; whereas if the holder applies to have Spain or Portugal as country of origin, the validity of the replacement certificate should not extend beyond 28 February 1986;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. In derogation from the provisions of Article 2 (1) of Regulation (EEC) No 1303/83, the last day of validity of import licences, with or without advance fixing of the levy, shall, in respect of the products listed in Article 5 (1) of the Regulation, be not later than 28 February 1986 where the import licences make it obligatory to import from Spain or Portugal.
2. Where a holder of a licence applies to have a country of origin altered so that the replacement licence makes it obligatory to import from Spain or Portugal the period of validity shall, in derogation from the fourth indent of Article 5 (2) (c) of Regulation (EEC) No 1303/83, expire on 28 February 1986 in cases where the period of validity of the original licence expires on a date later than 28 February 1986.
Article 2
This Regulation shall enter into force on 1 December 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 November 1985.
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*****
COMMISSION REGULATION (EEC) No 340/85
of 7 February 1985
re-establishing the levying of customs duties on certain women's, girls' and infants' woven overcoats, raincoats and other coats, products of category 15 B (code 40.0155) originating in Thailand, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3563/84 apply
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3563/84 of 18 December 1984 applying generalized tariff preferences for 1985 in respect of textile products originating in developing countries (1), and in particular Article 4 thereof,
Whereas Article 2 of that Regulation provides that preferential tariff treatment shall be accorded, for each category of products subjected to individual ceilings not allocated among the Member States, within the limits of the quantities specified in column 7 of its Annexes I or II, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes; whereas Article 3 of that Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of certain women's, girls' and infants' woven overcoats, raincoats and other coats, products of category 15 B (code 40.0155), the relevant ceiling amounts to 11 600 pieces; whereas on 4 February 1985 imports of the products in question into the Community originating in Thailand, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in question with regard to Thailand,
HAS ADOPTED THIS REGULATION:
Article 1
As from 12 February 1985 the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3563/84, shall be re-established in respect of the following products, imported into the Community and originating in Thailand:
1.2.3.4.5 // // // // // // Code // Category // CCT heading No // NIMEXE code (1985) // Description // // // // // // // (1) // (2) // (3) // (4) // // // // // // 40.0155 // 15 B // ex 61.02 B // // Women's, girls' and infants' outer garments: // // // // 61.02-31, 32, 33, 35, 36, 37, 39, 40 // B. Other: Women's, girls' and infants' woven overcoats, raincoats and other coats, cloaks and capes; jackets and blazers, other than garments of category 15 A, of wool, of cotton or of man-made textile fibres // // // // //
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 February 1985.
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COMMISSION DECISION of 19 July 1993 terminating the anti-dumping proceeding concerning imports of compact discs originating in Taiwan, Singapore and Malaysia
(93/413/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 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 February 1992 the Commission received a complaint lodged by Compact (Committee of Mechoptronics Producers and Connected Technologies), on behalf of producers representing a major proportion of the Community production of compact disc players. The complaint contained evidence of dumping and of material injury resulting therefrom to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communites (2), the initiation of an anti-dumping proceeding concerning imports of certain compact disc players, i.e. stand-alone sound reproducers with a laser optical reading system, with external dimensions of at least 150 × 45 × 170 mm, able to function with AC mains supply of usually 110/120/220/240 v, not capable of operating with internal or external power supply of 24 v DC or less, originating in Taiwan, Singapore and Malaysia.
In this notice, the Commission indicated that at least some of the compact disc players presently exported from Taiwan, Singapore and Malaysia may not originate, according to the Community rules on origin, in these three countries but in Japan. The Commission therefore stated that the findings on question of origin of these products could also be relevant to the review (3) of the anti-dumping measures established by Council Regulation (EEC) No 112/90 (4) which imposed anti-dumping duties on imports of the product concerned originating in Japan and Korea.
(2) The Commission officially so advised the exporters known to be concerned, the representatives of the exporting countries and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.
(3) All of the known producers in the three countries and some importers made their views known in writing.
(4) The Commission sought and verified all information deemed to be necessary for the purpose of a preliminary determination and carried out investigations at the premises of the major Community producer, producers in Taiwan, Singapore and Malaysia, some parent companies of these producers in Japan and a number of importers.
(5) Given the issue of origin referred to in the opening notice [see recital (1)], the investigation of dumping covered the period 1 January to 31 December 1991 in order to coincide with the investigation period in the review of Regulation (EEC) No 112/90.
B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING (6) The two major Community producers officially advised the Commission of their intention to cease production of compact disc players in the Community. These producers declared that the discontinuation of their production within the Community would be completed by the end of 1993 and that they were of the opinion that there was no justification for protective measures.
(7) Furthermore, the complainant, Compact, representing the producers comprising the Community industry formally withdrew on 6 April 1993 its complaint concerning imports of compact disc players originating in Taiwan, Singapore and Malaysia. The Commission considered that a termination would not be against the interest of the Community.
(8) In these circumstances, it is considered that protective measures are unnecessary and that, accordingly, the anti-dumping proceeding concerning imports of compact disc players originating in Taiwan, Singapore and Malaysia should be terminated without the imposition of protective measures.
HAS DECIDED AS FOLLOWS:
Sole Article
The anti-dumping proceeding concerning imports of certain compact disc players, i.e. stand-alone sound reproducers with a laser optical reading system, with external dimensions of at least 150 × 45 × 170 mm, able to function with AC mains supply of usually 110/120/220/240 v, not capable of operating with internal or external power supply of 24 v DC or less, originating in Taiwan, Singapore and Malaysia is hereby terminated.
Done at Brussels, 19 July 1993.
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COMMISSION REGULATION (EC) No 315/2005
of 24 February 2005
fixing the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund.
(2)
The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).
(3)
As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95.
(4)
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(5)
The refund must be fixed once a month. It may be altered in the intervening period.
(6)
It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 25 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 February 2005.
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Commission Regulation (EC) No 580/2003
of 31 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 1 April 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 2003.
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Commission Decision
of 28 December 2000
adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2000 to the remuneration of officials of the European Communities serving in third countries
(2001/44/EC, ECSC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 (EC, ECSC, Euratom) No 2700/1999(2), and in particular the second paragraph of Article 13 of Annex X thereto,
Whereas:
(1) Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, ECSC, Euratom) No 1967/2000(3) laid down the weighting to be applied from 1 January 2000 to the remuneration of officials serving in third countries, payable in the currency of their country of employment.
(2) The Commission has made a number of adjustments to these weightings(4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations.
(3) Some of these weightings should be adjusted with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2000 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,
DECIDES:
Sole Article
With effect from 1 February, 1 March, 1 April, 1 May and 1 June 2000 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.
The exchange rates for the caculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the dates referred to in the first paragraph.
Done at Brussels, 28 December 2000.
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*****
COMMISSION DECISION
of 7 June 1982
establishing that the apparatus described as 'Cahn - Recording Electrobalance, model Cahn 2000' may not be imported free of Common Customs Tariff duties
(82/412/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 2 December 1981, the United Kingdom 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 'Cahn - Recording Electrobalance, model Cahn 2000', ordered on 28 July 1981 and to be used for research into the effect of surface-active elements on the kinetics of metal/gas reactions by recording the change of weight of the reacting metal with time, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community,
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 14 May 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a recording balance;
Whereas its objective technical characteristics, such as the precision, and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus '4433' manufactured by Sartorius GmbH, Postfach 19, D-3400 Goettingen, to the apparatus 'Cibal' manufactured by CI Electronics Ltd, Brunel Road, Churchfields, Salisbury, UK-Wiltshire AP2 7PU and to the apparatus 'MTB 209' manufactured by Setaram, 101-103, rue de Sèze, F-69451 Lyon Cedex 3,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Cahn - Recording Electrobalance, model Cahn 2000', which is subject of an application by the United Kingdom of 2 December 1981, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 7 June 1982.
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COMMISSION DECISION
of 19 July 2006
recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of metaflumizone in Annex I to Council Directive 91/414/EEC
(notified under document number C(2006) 3238)
(Text with EEA relevance)
(2006/517/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), and in particular Article 6(3) thereof,
Whereas:
(1)
Directive 91/414/EEC provides for the development of a Community list of active substances authorised for incorporation in plant protection products.
(2)
A dossier for the active substance metaflumizone was submitted by BASF Agro S.A.S. to the authorities of the United Kingdom on 29 March 2005 with an application to obtain its inclusion in Annex I to Directive 91/414/EEC.
(3)
The authorities of the United Kingdom have indicated to the Commission that, on preliminary examination, the dossier for the active substance concerned appears to satisfy the data and information requirements set out in Annex II to Directive 91/414/EEC. The dossier submitted appears also to satisfy the data and information requirements set out in Annex III to Directive 91/414/EEC in respect of one plant protection product containing the active substance concerned. In accordance with Article 6(2) of Directive 91/414/EEC, the dossier was subsequently forwarded by the applicant to the Commission and other Member States, and was referred to the Standing Committee on the Food Chain and Animal Health.
(4)
By this Decision it should be formally confirmed at Community level that the dossier is considered as satisfying in principle the data and information requirements provided for in Annex II and, for at least one plant protection product containing the active substance concerned, the requirements set out in Annex III to Directive 91/414/EEC.
(5)
This Decision should not prejudice the right of the Commission to request the applicant to submit further data or information in order to clarify certain points in the dossier.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Without prejudice to Article 6(4) of Directive 91/414/EEC, the dossier concerning the active substance identified in the Annex to this Decision, which was submitted to the Commission and the Member States with a view to obtaining the inclusion of that substance in Annex I to that Directive, satisfies in principle the data and information requirements set out in Annex II to that Directive.
The dossier also satisfies the data and information requirements set out in Annex III to that Directive in respect of one plant protection product containing the active substance, taking into account the uses proposed.
Article 2
The rapporteur Member State shall pursue the detailed examination for the dossier concerned and shall report the conclusions of its examination accompanied by any recommendations on the inclusion or non-inclusion of the active substance concerned in Annex I of Directive 91/414/EEC and any conditions related thereto to the European Commission as soon as possible and at the latest within a period of one year from the date of publication of this Decision in the Official Journal of the European Union.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 19 July 2006.
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*****
COUNCIL REGULATION (EEC) No 1210/90
of 7 May 1990
on the establishment of the European Environment Agency and the European environment information and observation network
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s 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 Treaty provides for the development and implementation of a Community policy on the environment, and lays down the objectives and principles which should govern such policy;
Whereas environmental protection requirements shall be a component of the Community's other policies;
Whereas, according to Article 130r of the Treaty, in preparing its action relating to the environment the Community shall take account, inter alia, of the available scientific and technical data;
Whereas, in accordance with Decision 85/338/EEC (4), the Commission has undertaken a work programme concerning an experimental project for gathering, coordinating and ensuring the consistency of information on the state of the environment and natural resources in the Community; whereas it is now appropriate to take the necessary decisions regarding a permanent environmental information and observation system;
Whereas collection, processing and analysis of environmental data at European level are necessary in order to provide objective, reliable and comparable information which will enable the Community and the Member States to take the requisite measures to protect the environment, to assess the results of such measures and to ensure that the public is properly informed about the state of the environment;
Whereas there already exist in the Community and the Member States facilities providing such information and services;
Whereas they should form the basis for setting up a European environment information and observation network which would be coordinated at Community level by a European Environment Agency;
Whereas the Agency should cooperate with existing structures at Community level to enable the Commission to ensure full application of Community legislation on the environment;
Whereas the status and structure of such an Agency should correspond to the objective character of the results it is intended to produce and allow it to carry out its functions in close cooperation with the existing national and international facilities;
Whereas the Agency should be granted legal autonomy while maintaining close links with the Community institutions and the Member States;
Whereas it is desirable to provide for the Agency to be open to other countries which share the concern of the Community and the Member States for the objectives of the Agency under agreements to be concluded between them and the Community;
Whereas this Regulation should be reviewed after two years, with a view to deciding on further tasks for the Agency,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation establishes the European Environment Agency and aims at the setting-up of a European environment information and observation network.
2. To achieve the aims of environmental protection and improvement laid down by the Treaty and by successive Community action programmes on the environment, the objective shall be to provide the Community and the Member States with:
- objective, reliable and comparable information at European level enabling them to take the requisite measures to protect the environment, to assess the results of such measures and to ensure that the public is properly informed about the state of the environment,
- to that end, the necessary technical and scientific support.
Article 2
For the purposes of achieving the objective set out in Article 1, the tasks of the Agency shall be:
(i) to establish, in cooperation with the Member States, and coordinate the network referred to in Article 4. In this context, the Agency shall be responsible for the collection, processing and analysis of data, in particular in the fields referred to in Article 3. It shall also be responsible for continuing the work started under Decision 85/338/EEC;
(ii) to provide the Community and the Member States with the objective information necessary for framing and implementing sound and effective environmental policies; to that end, in particular to provide the Commission with the information that it needs to be able to carry out successfully its tasks of identifying, preparing and evaluating measures and legislation in the field of the environment;
(iii) to record, collate and assess data on the state of the environment, to draw up expert reports on the quality, sensitivity and pressures on the environment within the territory of the Community, to provide uniform assessment criteria for environmental data to be applied in all Member States. The Commission shall use this information in its task of ensuring the implementation of Community legislation on the environment;
(iv) to help ensure that environmental data at European level are comparable and, if necessary, to encourage by appropriate means improved harmonization of methods of measurement;
(v) to promote the incorporation of European environmental information into international environment monitoring programmes such as those established by the United Nations and its specialized agencies;
(vi) to ensure the broad dissemination of reliable environmental information. In addition, the Agency shall publish a report on the state of the environment every three years;
(vii) to stimulate the development and application of environmental forecasting techniques so that adequate preventive measures can be taken in good time;
(viii) to stimulate the development of methods of assessing the cost of damage to the environment and the costs of environmental preventive, protection and restoration policies;
(ix) to stimulate the exchange of information on the best technologies available for preventing or reducing damage to the environment;
(x) to cooperate with the bodies and programmes referred to in Article 15.
Article 3
1. The principal areas of activity of the Agency shall, as far as possible, include all elements enabling it to gather the information making it possible to describe the present and foreseeable state of the environment from the following points of view:
(i) the quality of the environment;
(ii) the pressures on the environment;
(iii) the sensitivity of the environment.
2. The Agency shall furnish information which can be directly used in the implementation of Community environmental policy.
Priority will be given to the following areas of work:
- air quality and atmospheric emissions,
- water quality, pollutants and water resources,
- the state of the soil, of the fauna and flora, and of biotopes,
- land use and natural resources,
- waste management,
- noise emissions,
- chemical substances which are hazardous for the environment,
- coastal protection.
In particular, transfrontier, plurinational and global phenomena shall be covered.
The socioeconomic dimension shall also be taken into account.
In its activities the Agency shall avoid duplicating the existing activities of other institutions and bodies.
Article 4
1. The network shall comprise:
- the main component elements of the national information networks,
- the national focal points,
- the topic centres.
2. To enable the network to be set up as rapidly and as efficiently as possible, the Member States shall, within six months of the entry into force of this Regulation, inform the Agency of the main component elements of their national environment information networks, especially in the priority areas referred to in Article 3 (2), including any institution which in their judgement could contribute to the work of the Agency, taking into account the need to ensure the fullest possible geographical coverage of their territory.
3. Member States may in particular designate from among the institutions referred to in paragraph 2 or other organizations established in their territory a 'national focal point' for coordinating and/or transmitting the information to be supplied at national level to the Agency and to the institutions or bodies forming part of the network including the topic centres referred to in paragraph 4.
4. Member States may also, within the period laid down in paragraph 2, identify the institutions or other organizations established in their territory which could be specifically entrusted with the task of cooperating with the Agency as regards certain topics of particular interest. An institution thus identified should be in a position to conclude an agreement with the Agency to act as a topic centre of the network for specific tasks in a precise geographical area. These centres shall cooperate with other institutions which form part of the network.
5. Within six months of receiving the information referred to in paragraph 2, the Agency shall confirm the main elements of the network on the basis of a decision by the management board and the arrangements referred to in Article 5.
The topic centres shall be designated by a unanimous decision of the members of the management board as defined in Article 8 (1), for a period not exceeding the duration of each multiannual work programme as referred to in Article 8 (4). Each designation may, however, be renewed.
6. The allocation of specific tasks to the topic centres shall appear in the Agency's multiannual work programme mentioned in Article 8 (4).
7. In the light in particular of the multiannual work programme, the Agency shall periodically re-examine the component elements of the network as referred to in paragraph 2 and shall make such changes as may be decided on by the management board, taking account of any new designations made by the Member States.
Article 5
The Agency may agree with the institutions or bodies which form part of the network, as referred to in Article 4, upon the necessary arrangements, in particular contracts, for successfully carrying out the tasks which it may entrust to them. A Member State may provide, as regards the national institutions or organizations in its territory, that such arrangements with the Agency shall be made in agreement with the national focal point.
Article 6
Environmental data supplied to or emanating from the Agency may be published and shall be made accessible to the public, subject to compliance with the rules of the Commission and the Member States on the dissemination of information, particularly as regards confidentiality.
Article 7
The Agency shall have legal personality. It shall enjoy in all the Member States the most extensive legal capacity accorded to legal persons under their laws.
Article 8
1. The Agency shall have a management board consisting of one representative of each Member State and two representatives of the Commission.
In addition, the European Parliament shall designate, as members of the management board, two scientific personalities particularly qualified in the field of environmental protection, who shall be chosen on the basis of the personal contribution they are likely to make to the Agency's work.
Each member of the management board may be represented by an alternate member.
2. The management board shall elect its chairman from among its members for a period of three years and shall adopt its rules of procedure. Each member of the management board shall have a vote.
3. Decisions of the management board shall require for their adoption a two-thirds majority of the members of the board, except in the case referred to in the second subparagraph of Article 4 (5).
4. The management board shall adopt a multiannual work programme based on the priority areas referred to in Article 3 (2), using as its basis a draft submitted by the Executive Director, referred to in Article 9, after consulting the scientific committee, referred to in Article 10, and receiving the Commission's opinion. The first multiannual work programme shall be adopted within nine months of the entry into force of this Regulation.
5. Under the multiannual programme, the management board shall each year adopt the Agency's work programme on the basis of a draft submitted by the Executive Director after consulting the scientific committee and receiving the Commission's opinion. The programme may be adjusted in the course of the year by the same procedure.
6. By 31 January each year at the latest, the management board shall adopt an annual general report on the activities of the Agency. The Executive Director shall forward it to the European Parliament, the Council, the Commission and the Member States. Article 9
1. The Agency shall be headed by an Executive Director appointed by the management board on a proposal from the Commission for a period of five years, which shall be renewable. The Executive Director shall be the legal representative of the Agency. He shall be responsible:
- for the proper preparation and execution of the decisions and programmes adopted by the management board,
- for the day-to-day administration of the Agency,
- for the performance of the tasks defined in Articles 12 and 13,
- for the preparation and publication of the reports specified in Article 2 (vi),
- for all staff matters,
- for the performance of the tasks referred to in Article 8 (4) and (5).
He shall obtain the opinion of the scientific committee, referred to in Article 10, for the purposes of recruitment of the Agency's scientific staff.
2. The Executive Director shall be accountable to the management board for his activities.
Article 10
1. The management board and the Executive Director shall be assisted by a scientific committee which shall deliver an opinion where provided for in this Regulation and on any scientific matter concerning the Agency's activity which the management board or the Executive Director may submit to it.
The opinions of the scientific committee shall be published.
2. The scientific committee shall be made up of nine members particularly qualified in the field of the environment, designated by the management board for a term of four years renewable once. It shall function as determined by the rules of procedure provided for in Article 8 (2).
Article 11
1. Estimates shall be drawn up of all the Agency's revenue and expenditure for each financial year, which shall correspond to the calendar year, and shall be entered in the Agency's budget.
2. The revenue and expenditure shown in the budget shall be in balance.
3. The revenue of the Agency shall, without prejudice to other resources, consist of a subsidy from the Community entered in the general budget of the European Communities and payments for services rendered.
4. The expenditure of the Agency shall include, inter alia, staff remuneration, administrative and infrastructure expenses, operating costs and expenditure relating to contracts concluded with institutions or bodies forming part of the network and with third parties.
Article 12
1. By 31 March each year the Executive Director shall draw up a draft estimate of the Agency's revenue and expenditure for the following financial year and shall forward it to the management board, together with an establishment plan.
2. The management board shall draw up the estimate accompanied by the establisment plan and shall forward it immediately to the Commission, which on that basis shall establish the relevant estimates in the preliminary draft budget which it places before the Council pursuant to Article 203 of the Treaty.
3. The management board shall adopt the Agency's budget before the beginning of the financial year, adjusting it were necessary to the Community subsidiy and the Agency's other resources.
Article 13
1. The Executive Director shall implement the budget of the Agency.
2. Monitoring of the commitment and payment of all the Agency's expenditure and of the establishment and recovery of all the Agency's revenue shall be carried out by the financial controller appointed by the management board.
3. By 31 March each year the Executive Director shall send the Commission, the management board and the Court of Auditors the accounts for all the Agency's revenue and expenditure in respect of the preceding financial year. The Court of Auditors shall examine them in accordance with Article 206a of the Treaty.
4. The management board shall give a discharge to the Executive Director in respect of the implementation of the budget.
Article 14
After the Court of Auditors has delivered its opinion, the management board shall adopt the internal financial provisions specifiying, in particular, the procedure for establishing and implementing the Agency's budget. Article 15
1. The Agency shall actively seek the cooperation of other Community bodies and programmes, and notably the Joint Research Centre, the Statistical Office and the Community's environmental research and development programmes. In particular:
- cooperation with the Joint Research Centre shall include the tasks set out in the Annex under A,
- coordination with the Statistical Office of the European Communities (Eurostat) and the statistical programme of the European Communities will follow the guidelines outlined in the Annex under B. 2. The Agency shall also cooperate actively with other bodies such as the European Space Agency, the Organization for Economic Cooperation and Development, the Council of Europe and the International Energy Agency as well as the United Nations and its specialized agencies, particularly the United Nations Environment Programme (UNEP), the World Meteorological Organization and the International Atomic Energy Authority.
3. The cooperation referred to in paragraphs 1 and 2 must in particular take account of the need to avoid any duplication of effort.
Article 16
The Protocol on the Privileges and Immunities of the European Communities shall apply to the Agency.
Article 17
The staff of the Agency shall be subject to the Regulations and Rules applicable to officials and other servants of the European Communities.
The Agency shall exercise in respect of its staff the powers devolved to the Appointing Authority.
The management board shall, in agreement with the Commission, adopt the appropriate implementing rules.
Article 18
1. The contractual liability of the Agency shall be governed by the law applicable to the contract in question. The Court of Justice of the European Communities shall have jurisdiction to give judgment pursuant to an arbitration clause contained in a contract concluded by the Agency.
2. In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by the Agency or its servants in the performance of their duties.
The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage.
3. The personal liability of servants towards the Agency shall be governed by the provisions applying to the staff of the Agency.
Article 19
The Agency is open to countries which are not members of the European Communities but which share the concern of the Communities and the Member States for the objectives of the Agency under agreements concluded between them and the Community following the procedure in Article 228 of the Treaty.
Article 20
No later than two years after the entry into force of this Regulation, and after having consulted the European Parliament, the Council shall, on the same basis as this Regulation and on the basis of a report from the Commission with appropriate proposals, decide on further tasks for the Agency in particular in the following areas:
- associating in the monitoring of the implementation of Community environmental legislation, in cooperation with the Commission and existing competent bodies in the Member States,
- preparing environmental labels and criteria for the award of such labels to environmentally friendly products, technologies, goods, services and programmes which do not waste natural resources,
- promoting environmentally friendly technologies and processes and their use and transfer within the Community and in third countries,
- establishing criteria for assessing the impact on the environment with a view to application and possible revision of Directive 85/337/EEC (1) as provided for in Article 11 thereof.
Article 21
This Regulation shall enter into force on the day following that on which the competent authorities have decided the seat of the Agency (2).
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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*****
COMMISSION REGULATION ( EEC ) NO 3600/88
OF 18 NOVEMBER 1988
AMENDING REGULATION ( EEC ) NO 685/69 ON DETAILED RULES OF APPLICATION FOR INTERVENTION ON THE MARKET IN BUTTER AND CREAM
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 1109/88 ( 2 ), AND IN PARTICULAR ARTICLE 6 ( 7 ) THEREOF,
WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 24 ( 3 ) OF COMMISSION REGULATION ( EEC ) NO 685/69 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3493/88 ( 4 ), PROVIDES THAT AID FOR PRIVATE STORAGE OF BUTTER MAY NOT EXCEED AN AMOUNT CORRESPONDING TO A STORAGE PERIOD OF 210 DAYS;
WHEREAS HIGH PRICES ARE A FEATURE OF THE PRESENT SITUATION ON THE BUTTER MARKET; WHEREAS THE PROPOSAL PRESENTED BY THE COMMISSION TO THE COUNCIL TO REDUCE THE INTERVENTION PRICE FOR BUTTER IN THE 1988/89 MILK YEAR IS LIKELY TO ENCOURAGE OPERATORS TO POSTPONE THE REMOVAL OF BUTTER UNDER PRIVATE STORAGE CONTRACTS, THEREBY DIVERTING THE PROVISIONS ON STORAGE MEASURES FROM THEIR ECONOMIC OBJECTIVES; WHEREAS ARTICLE 9 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 985/68 OF 15 JULY 1968 LAYING DOWN GENERAL RULES FOR INTERVENTION ON THE MARKET IN BUTTER AND CREAM ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 842/88 ( 6 ), STIPULATES THAT SHOULD THE SITUATION ON THE COMMUNITY MARKET SO REQUIRE, THE INTERVENTION AGENCIES MAY BE AUTHORIZED TO REMARKET SOME OR ALL OF THE STORED BUTTER OR CREAM; WHEREAS THE MAXIMUM PRIVATE STORAGE PERIOD MUST BE REDUCED TEMPORARILY AND THE PERIOD REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 24 ( 3 ) OF REGULATION ( EEC ) NO 685/69 SHOULD BE SET AT 180 DAYS;
WHEREAS THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS HAS NOT DELIVERED AN OPINION WITHIN THE TIME LIMIT SET BY ITS CHAIRMAN,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
IN THE SECOND SUBPARAGRAPH OF ARTICLE 24 ( 3 ) OF REGULATION ( EEC ) NO 685/69 "210 DAYS' IS HEREBY REPLACED BY "180 DAYS '.
ARTICLE 2
THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
FOR CONTRACTS THE STORAGE PERIOD OF WHICH EXCEEDS, ON THE DATE OF ENTRY INTO FORCE OF THIS REGULATION, 180 DAYS, THE AID SHALL BE GRANTED FOR THE PERIOD BETWEEN THE DATE OF COMMENCEMENT OF STORAGE WITHIN THE MEANING OF ARTICLE 23 ( 6 ) OF REGULATION ( EEC ) NO 685/69 AND THE DATE OF ENTRY INTO FORCE OF THIS REGULATION . THAT PERIOD MAY NOT EXCEED 210 DAYS .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS, 18 NOVEMBER 1988 .
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COMMISSION REGULATION (EC) No 216/2007
of 28 February 2007
initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1629/2004 on imports of certain graphite electrode systems originating in India by imports of certain artificial graphite originating in India and making such imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1), and in particular Articles 13(3), 14(3) and 14(5) thereof,
Whereas:
A. REQUEST
(1)
The Commission has received a request pursuant to Article13(3) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of certain graphite electrode systems originating in India.
(2)
The request was lodged on 15 January 2007 by the European Carbon and Graphite Association (ECGA) on behalf of Community producers of certain graphite electrode systems.
B. PRODUCT
(3)
The product concerned by the possible circumvention is graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,65 g/cm3 or more and an electrical resistance of 6,0 μΩ.m or less, falling within CN code ex 8545 11 00 (Taric code 8545110010) and nipples used for such electrodes, falling within CN code ex 8545 90 90 (Taric code 8545909010) whether imported together or separately originating in India (the product concerned). These codes are given for information only.
(4)
The product under investigation is artificial graphite rods of a diameter of 75 mm or more originating in India (the product under investigation), normally declared under CN code ex 3801 10 00 (TARIC code 3801100010). This code is given for information only. The product under investigation is an intermediate product in the manufacturing of the product concerned, and it already embodies the basic characteristics of the latter product.
C. EXISTING MEASURES
(5)
The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 1629/2004 (2).
D. GROUNDS
(6)
The request contains sufficient prima facie evidence that the anti-dumping measures on imports of the product concerned are being circumvented by means of imports of the product under investigation.
(7)
The evidence submitted is as follows:
(i)
The request shows that a significant change in the pattern of trade involving exports from India to the Community has taken place following the imposition of anti-dumping measures on the product concerned, and that there is insufficient due cause or justification other than the imposition of the duty for such a change.
(ii)
This change in the pattern of trade appears to stem from a simple conversion operation carried out in the Community whereby imports of the product under investigation are converted into the product concerned.
(iii)
Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined in terms of quantity. Significant volumes of imports of the product under investigation appear to have replaced imports of the product concerned.
(iv)
Finally, the request contains sufficient prima facie evidence that the prices of the product under investigation after conversion are dumped in relation to the normal value previously established for the product concerned.
(v)
Should circumvention practices covered by Article 13 of the basic Regulation, other than simple conversion, be identified in the course of the investigation, the investigation may cover these practices also.
E. PROCEDURE
(8)
In the light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13 of the basic Regulation and to make imports of the product under investigation subject to registration, in accordance with Article 14(5) of the basic Regulation.
(a) Questionnaires
(9)
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the exporters/producers and to the associations of exporters/producers in India, to the importers and to the associations of importers in the Community which cooperated in the investigation that led to the existing measures and to the authorities of India. Information, as appropriate, may also be sought from the Community industry.
(10)
In any event, all interested parties should contact the Commission forthwith, but not later than the time limit set in Article 3 of this Regulation in order to find out whether they are listed in the request and, if necessary, request a questionnaire within the time limit set in Article 3(1) of this Regulation, given that the time limit set in Article 3(2) of this Regulation applies to all interested parties.
(11)
The authorities of India will be notified of the initiation of the investigation and provided with a copy of the request.
(b) Collection of information and holding of hearings
(12)
All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.
(c) Exemption of imports from registration or measures
(13)
In accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if such importation does not constitute circumvention.
(14)
Since the possible circumvention takes place inside the Community, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to importers of the product under investigation that can show that they are not related to producers subject to the measures. Importers wishing to obtain an exemption should submit a request duly supported by evidence within the time limit indicated in Article 3(3) of this Regulation.
F. REGISTRATION
(15)
Pursuant to Article 14(5) of the basic Regulation, imports of the product under investigation should be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports originating in India.
G. TIME LIMITS
(16)
In the interest of sound administration, time limits should be stated within which:
-
interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,
-
importers in the Community may request exemption from registration of imports or measures,
-
interested parties may make a written request to be heard by the Commission.
(17)
Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the time limits mentioned in Article 3 of this Regulation.
H. NON-COOPERATION
(18)
In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
(19)
Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on the facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated,
HAS ADOPTED THIS REGULATION:
Article 1
An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 384/96, in order to determine if imports into the Community of artificial graphite rods of a diameter of 75 mm or more originating in India, normally falling within CN code ex 3801 10 00 (TARIC 3801100010), are circumventing the measures imposed by Council Regulation (EC) No 1629/2004.
Article 2
The Customs authorities are hereby directed, pursuant to Article 13(3) and Article 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports into the Community identified in Article 1 of this Regulation.
Registration shall expire nine months following the date of entry into force of this Regulation.
The Commission, by Regulation, may direct Customs authorities to cease registration in respect of imports into the Community of products imported by importers having applied for an exemption of registration and having been found not to be circumventing the anti-dumping duties.
Article 3
1. Questionnaires should be requested from the Commission within 15 days of the date of publication of this Regulation in the Official Journal of the European Union.
2. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 40 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.
3. Importers requesting exemption of imports from registration or measures should submit a request duly supported by evidence within the same 40-day time limit.
4. Interested parties may also apply to be heard by the Commission within the same 40-day time limit.
5. Any information relating to the matter, any request for a hearing or for a questionnaire as well as any request for exemption of imports from registration or measures must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as Limited (3) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled FOR INSPECTION BY INTERESTED PARTIES.
Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate H
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 February 2007.
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COMMISSION REGULATION (EC) No 2083/96 of 30 October 1996 amending Regulation (EC) No 2805/95 fixing the export refunds in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EC) No 1592/96 (2), and in particular Article 55 (3) thereof,
Whereas, pursuant to Article 55 of Regulation (EEC) No 822/87 to the extent necessary to enable the products listed in Article 1 (2) (a) and (b) of that Regulation to be exported on the basis of the prices for those products on the world market and within the limits of the Agreements concluded in accordance with Article 228 of the Treaty, the difference between those prices and the prices in the Community may be covered by an export refund;
Whereas, pursuant to Article 56 (3) of the said Regulation, refunds are to be fixed taking into account the situation and likely trends with regard to:
- prices and availability of the products in question on the Community market,
- world market prices for those products;
Whereas account must also be taken of the other criteria and objectives referred to in Article 56 (3) of Regulation (EEC) No 822/87; whereas, in particular, consideration must be given to the limits of the Agreements concluded in accordance with Article 228 of the Treaty, and in particular those resulting from the agreements concluded in the framework of the Uruguay Round of multilateral trade negotiations, hereinafter referred to as the 'GATT Agreements`;
Whereas, when applying the abovementioned rules to the current market situation, having regard in particular to wine prices in the Community and on the world market, the level of refunds should be reduced; whereas, in order to avoid disturbances on the Community market, having regard to production for the current wine year, the quantities of Community products eligible for export refunds should be maximized within the limits on volumes based on the GATT Agreements; whereas, to that end, the amount of the refunds should be reduced on account of the obligations arising from the GATT Agreements concerning maximum authorized expenditure; whereas, therefore, the refunds should be fixed in accordance with the Annex to this Regulation; whereas Commission Regulation (EC) No 2805/95 of 5 December 1995 fixing the export refunds in the wine sector (3) should be amended accordingly and provision made to implement it immediately;
Whereas the conditions for exporting concentrated grape must to Equatorial Guinea have become economically advantageous; whereas that country should be added to the list of countries in respect of which refunds apply;
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
The Annex to Regulation (EC) No 2805/98 is hereby replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 1996.
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COMMISSION DECISION of 27 July 1994 approving the programme for the eradication and surveillance of African swine fever presented by Portugal and fixing the level of the Community's financial contribution (Only the Portuguese text is authentic) (94/613/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 expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,
Whereas Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of African swine fever;
Whereas by letter dated 15 February 1994, Portugal has submitted a programme for the eradication of African swine fever;
Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 on laying down Community criteria for the eradication and monitoring of certain animal diseases (3), as amended by Directive 92/65/EEC (4);
Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Portugal up to a maximum of ECU 400 000;
Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The programme for the eradication of African swine fever presented by Portugal is hereby approved for the period 1 July to 31 December 1994.
Article 2
Portugal shall bring into force by 1 July 1994 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.
Article 3
1. Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Portugal by way of compensation for owners for the slaughter of animals up to a maximum of ECU 400 000.
2. The financial contribution of the Community shall be granted subject to:
- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,
- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 July 1995 at the latest.
3. The financial contribution of the Community shall be paid in ecus at the rate applying on the first working day of the month when the request of payment is made as published in the Official Journal of the European Communities.
Article 4
This Decision is addressed to Portugal.
Done at Brussels, 27 July 1994.
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COMMISSION REGULATION (EC) No 372/2007
of 2 April 2007
laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods
(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 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (1), and in particular Article 5(1) thereof,
After consulting the European Food Safety Authority (the Authority),
Whereas:
(1)
In 1999 the Scientific Committee for food has assigned to epoxidised soybean oil (ESBO) a tolerable daily intake (TDI) of 1 mg/kg body weight per day. This TDI is translated into a specific migration limit (SML) of 60 mg/kg food for plastic materials and articles in Commission Directive 2002/72/EC (2).
(2)
Commission Directive 2007/19/EC of 30 March 2007 amending Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with food (3) clarifies that gaskets in lids fall under the scope of Directive 2002/72/EC. It stipulates that Member States have to adopt measures by 1 April 2008 that allow free circulation of gaskets in lids if they comply with SML. Non-compliant gaskets in lids will be prohibited as from 1 June 2008.
(3)
It appears necessary to regulate the placing on the market of those products pending the implementation of Directive 2007/19/EC.
(4)
Indeed, recent data from Member States and Switzerland showed concentrations of ESBO in fatty food, such as sauces and vegetables or fish in oil, reaching up to 1 150 mg/kg. With such high values, the TDI may be exceeded for consumers.
(5)
Recently business operators have shown an interest in using other plasticisers as substitutes for ESBO which either have a higher TDI or migrate to lesser extent. Therefore specific rules for these substitutes are also necessary.
(6)
Moreover, the legal situation of these products is currently uncertain. Directive 2002/72/EC applies to materials and articles, and parts thereof, which consist exclusively of plastics or are composed of two or more layers consisting exclusively of plastics. Gaskets in metal lids could alternatively be regarded as a plastic part of a material or article and thus covered by Directive 2002/72/EC or as a plastic coating on a metal substrate, and thus not covered by Directive 2002/72/EC.
(7)
As a consequence, Member States currently apply diverging rules that may pose a barrier to trade.
(8)
It therefore appears proportionate to fix transitional SML for the sum of certain plasticisers used in gaskets in lids contacting fatty foods, so that the free circulation of those products is not endangered, the lids and foods that pose a significant risk are immediately excluded form the market and, at the same time, industry has sufficient time to finalise the development of gaskets that are compliant with the SML laid down in Directive 2002/72/EC as amended by Directive 2007/19/EC.
(9)
The transitional SML should be set at a level ensuring that normally the TDI will not be exceeded, taking into account the average consumption of the foods concerned and the opinion issued by EFSA on 16 March 2006, which indicated that the level of plasticisers present in 90 % of the fatty food in glass jars is below 300 mg/kg food.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Lids containing plastic layers or plastic coatings, forming gaskets in these lids that together are composed of two or more layers of different types of materials may be placed on the market in the Community if they comply with the restrictions and specifications indicated in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall apply until 30 June 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 April 2007.
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Commission Regulation (EC) No 588/2002
of 4 April 2002
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),
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(2), 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(3). 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 5 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 April 2002.
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COMMISSION REGULATION (EEC) No 3085/91 of 21 October 1991 amending Commission Regulation (EEC) No 2275/88 of 25 July 1988 concerning the classification of certain goods in 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) No 2658/87 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commission Regulation (EEC) No 2857/91 (2), and in particular Article 9 thereof,
Whereas Commission Regulation (EEC) No 2275/88 (3) lays down measures concerning the classification in the combined nomenclature of, inter alia, a product known as 'mecadeck';
Whereas the Community is a signatory to the International Convention on the harmonized commodity description and coding system, known as the harmonized system;
Whereas the Customs Cooperation Council, by virtue of the authority invested in it under the abovementioned convention, has issued a harmonized system classification opinion in respect of the product known as 'mecadeck';
Whereas the combined nomenclature is based on the harmonized system; whereas, as a consequence, account should be taken of this classification opinion at the Community level,
HAS ADOPTED THIS REGULATION:
Article 1
In the table annexed to Regulation (EEC) No 2275/88 the entry relating to item 9 shall be deleted.
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, 21 October 1991.
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*****
COUNCIL REGULATION (EEC) No 1474/84
of 24 May 1984
amending Regulations (EEC) No 1569/72 and (EEC) No 2027/83 as regards the special measures for colza, rape and sunflower seed
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1101/84 (2), and in particular Article 36 thereof,
Having regard to the proposal from the Commission,
Whereas Regulation (EEC) No 1569/72 (3), as last amended by Regulation (EEC) No 2027/83 (4), provides for a system of differential amounts which takes account of the differences recorded between the representative rates for the currencies of the Member States and, depending on the circumstances, the central rates or the spot market rates for the same currencies; whereas, in order to alleviate the difficulties which arise as a result of the failure to take account of the forward exchange rates in cases where the aid or refund is fixed in advance, Regulation (EEC) No 2027/83 provides for the fixing on a trial basis, until 30 June 1984, of forward differential amounts where the difference between the forward exchange rate and the spot exchange rate exceeds a threshold to be determined;
Whereas the provisional measures have proved effective; whereas the system of forward differential amounts should therefore continue to apply;
Whereas, moreover, experience has shown the need for simpler administrative management; whereas, therefore, the aid and the differential amounts should be fixed together instead of separately and Regulation (EEC) No 1569/72 should be amended accordingly;
Whereas Regulation (EEC) No 974/71 (5), as last amended by Regulation (EEC) No 855/84 (6), introduced a coefficient to apply to the central rate used for calculating the monetary compensatory amounts; whereas it is necessary, for reasons of coherence, to apply the same rate for the base references used in the system of calculating differential amounts,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1569/72 is hereby amended as follows:
1. Article 1 is replaced by the following:
'Article 1
For colza, rape and sunflower seed harvested in the Community and processed in accordance with Article 1 of Regulation (EEC) No 1594/83 (1) or exported with a refund, the aid and the refund shall be increased or reduced by differential amounts calculated in accordance with the following Articles.
(1) OJ No L 163, 22. 6. 1983, p. 44.'
2. Article 2 (1) is replaced by the following:
'1. The differential amounts shall be determined taking into account the incidence on the prices:
(a) in respect of those Member States whose currencies are maintained as between themselves within a spread at any given moment of 2,25 %, of the percentage difference between:
- the conversion rate used under the common agricultural policy, and
- the conversion rate resulting from the central rate;
(b) in respect of Member States other than those referred in in (a), of the average of the percentage differences between:
- the relationship between the conversion rate used under the common agricultural policy for the currency of the Member State concerned and the central rate of each of the currencies of the Member States referred to in (a), and
- the spot market rate for the currency of the Member State in question in relation to each of the currencies of the Member States referred to in (a), as recorded over a period to be determined.'
3. The following Article 2a is inserted:
'Article 2a
1. By way of derogation from Article 2 (1), the monetary disparity shall be calculated according to the system laid down in paragraph 2 during the period, for each of the products concerned, from the beginning of the 1984/85 marketing year to the end of the 1986/87 marketing year.
2. The differential amounts shall be determined taking into account the incidence on the prices:
(a) in respect of those Member States whose currencies are maintained as between themselves within a spread at any given moment of 2,25 %, of the percentage difference between:
- the conversion rate used under the common agricultural policy, and
- the conversion rate resulting from the central rate, multiplied by a coefficient;
(b) in respect of Member States other than those referred to in (a), of the average of the percentage differences between:
- the relationship between the conversion rate used under the common agricultural policy for the currency of the Member State concerned and the central rate of each of the currencies of the Member States referred to in (a), multiplied by a coefficient, and
- the spot market rate for the currency of the Member State in question in relation to each of the currencies of the Member States referred to in (a), as recorded over a period to be determined.
The amount of the coefficient referred to in (a) and (b) is hereby fixed for the start of the 1984/85 marketing year at 1,033651.
This coefficient shall be adjusted, each time there is a realignment under the European monetary system, on the basis of the revaluation of the central rate of that currency, among those maintaining as between themselves a maximum spread at any given moment of 2,25 %, revalued most against the ECU. The adjustment shall be made according to the procedure laid down in Article 38 of Regulation No 136/66/EEC.'
4. Articles 4 and 5 are deleted.
Article 2
The second and the third paragraphs of Article 2 of Regulation (EEC) No 2027/83 are deleted.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply for the first time from 1 July 1984.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 1984.
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COMMISSION REGULATION (EC) No 164/2006
of 30 January 2006
altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 93/2006
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 third subparagraph of Article 27(5) thereof,
Whereas:
(1)
The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 93/2006 (2). These refunds have been amended by Regulation (EC) No 112/2006 (3).
(2)
Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 93/2006 was adopted, those refunds should be adjusted,
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 93/2006 are hereby altered to the amounts shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 31 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2006.
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COUNCIL REGULATION (EEC) N° 3734/90 of 14 December 1990 opening tariff quotas for the importation into that part of Spain included in the customs territory of the Community, of certain fisheries products originating in the Canary Islands or Ceuta and Melilla (1991)
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 3 of Protocol 2 thereto,
Having regard to the proposal from the Commission,
Whereas Article 3 of Protocol 2 provides that, within the limits of annual tariff quotas, the products listed in the Annex and originating in the Canary Islands or Ceuta and Melilla are to qualify for exemption from duties when they are imported into that part of Spain which is included in the customs territory of the Community; whereas this tariff preference applies only to products which have been imported during 1982, 1983 or 1984; whereas, calculated on the basis of the abovementioned Article 3, the quota volumes are as follows:
- 17 596 tonnes of certain products falling within CN codes ex 0301, ex 0302, ex 0303 or ex 0304,
- 596 tonnes of certain products falling within CN code ex 0305,
- 21 387 tonnes of certain products falling within CN codes ex 0306 or ex 0307,
- 10 007 tonnes of certain products falling within CN codes 1604 11 00 to 1604 30 90, and
- 27 483 tonnes of products falling within CN code 2301 20 00;
Whereas there are no imports of the other products;
Whereas, in accordance with the Act of Accession, where the products are imported into that part of Spain which is included in the customs territory of the Community they may not be deemed to be in free circulation within the meaning of Article 10 of the Treaty should they be reconsigned to another Member State,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 1991 the customs duties applicable to imports into that part of Spain which is included in the customs territory of the Community of the products originating in the Canary Islands or Ceuta and Melilla and listed in the Annex shall be suspended at the levels indicated and within the limits of the tariff quotas shown.
2. Where the products are imported under these tariff quotas into that part of Spain which is included in the customs territory of the Community they may not be deemed to be in free circulation within the meaning of Article 10 of the Treaty should they be reconsigned to another Member State.
3. In whatever state the products referred to in this Article are presented, they shall not qualify for the tariff quotas unless, when they are presented to the authorities responsible for the import formalities in that part of Spain which is included in the customs territory of the Community, they are presented in packagings which bear, in a clearly visible and perfectly legible form:
- the words 'Origin: Canary Islands` or 'Origin: Ceuta and Melilla` or the equivalent thereof in another official Community language printed in Roman type at least 20 millimetres high, and
- the net weight in kilograms of the fish contained in the packings.
In addition, the immediate packings of pre-packaged foodstuffs falling within CN code 1604 must bear the words 'Made in the Canary Islands` or 'Made in Ceuta and Melilla` or the equivalent thereof in another official Community language in a clearly visible, perfectly legible and indelible form.
However, flours, meals and pellets, of fish or of crustaceans or molluscs, falling within CN code 2301 20 00 and originating in the Canary Islands, shall be identified by means of the documents to be supplied by the importer to the abovementioned authorities.
This paragraph shall apply without prejudice to the specific rules contained in Council Regulation (EEC) N° 103/76 of 19 January 1976 laying down common marketing standards for certain fresh or chilled fish (1), as last amended by Regulation (EEC) N° 33/89 (2), and Council Regulation (EEC) N° 104/76 of 19 January 1976 laying down common marketing standards for shrimps (Crangon crangon), edible crabs (Cancer pagurus) and Norway lobsters (Nephrops norvegicus) (3), as last amended by Regulation (EEC) No 4213/88 (4).
Article 2
1. The Member State concerned shall ensure that importers of the products concerned have free access to the tariff quotas referred to in Article 1.
2. The Member State concerned shall charge imports of the products concerned against the tariff quotas as and when the products are entered with the customs authorities for free circulation.
3. The extent to which the tariff quotas have been used up shall be determined on the basis of the imports charged in accordance with paragraph 2.
Article 3
At the request of the Commission, the Member State concerned shall inform it of imports actually charged against the tariff quotas.
Article 4
This Regulation shall enter into force on 1 January 1991.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 1990.
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*****
COMMISSION REGULATION (EEC) No 2000/86
of 27 June 1986
amending Regulation (EEC) No 606/86 laying down detailed rules for applying the supplementary trade mechanism to milk products imported into Spain from the Community of Ten
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 84 (3) thereof,
Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary mechanism applicable to trade (STM) (1), and in particular Article 7 (1) thereof,
Whereas Article 2a of Commission Regulation (EEC) No 606/86 (2), as last amended by Regulation (EEC) No 1258/86 (3), specifies the notion 'any party' in the case of applications for STM licences for cheese; whereas the number of applications is, however, still unusually high; whereas, therefore, on the one hand, only undertakings which are involved in the export or import of cheese should have access to the mechanism and, on the other hand, applicants for STM licences should be compelled to indicate the name of the holder and the latter should not be able to transfer rights deriving from the said licences; whereas, lastly and for the same reasons, the amount of the security for cheese should be increased;
Whereas, if the rights deriving from licences may no longer be transferred in the future, the 10 % limit in Article 3 (1) of Regulation (EEC) No 606/86 is no longer warranted;
Whereas, in order to facilitate trade, the category 'Edam' should be better defined;
Whereas, in order to satisfy the demand for certain quantities of cheeses, such as Cheddar, Chester and soft-ripened cheeses, a specific category should be instituted for these types of cheeses;
Whereas, in accordance with Article 2a of the abovementioned Regulation, undertakings concerned must be entered in a commercial register of a Member State; whereas account should be taken of the fact that, in certain national laws recognized status as a trader may be acquired without any corresponding entry in a commercial register;
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 606/86 is hereby amended as follows:
1. Article 2 is amended as follows:
(a) in paragraph 1 (a), '2,5 kg' is replaced by '3 litres';
(b) in the second subparagraph of paragraph 3, '6. Havarti, 7. Edam, Gouda' and '8. Other' is replaced by the following:
1.2 // '6. Havarti, fat content 60 % // 900 tonnes // 7. Edam in balls, Gouda // 4 600 tonnes // 8. Soft ripened cow's milk cheeses // 850 tonnes // 9. Cheddar, Chester // 120 tonnes // 10. Other // 2 260 tonnes';
(c) paragraph 4 is replaced by the following:
'4. Applications for STM licences for cheeses must state, for each quantity, the category and, where appropriate, the type of cheese in question.'
2. Article 2a is replaced by the following:
'Article 2a
In the case of cheese falling within heading No 04.04 of the Common Customs Tariff, only undertakings that have acquired recognized status as traders in the Member State in which they are established and that have been involved for at least 12 months in external trade in cheese may apply for an STM licence.'
3. Article 3 is replaced by the following:
'Article 3
1. The quantities covered by STM licence applications may not exceed quantities available nor be less than:
- 100 tonnes for products falling within heading No 04.01 other than in packings of a net capacity of 3 litres or less,
- 10 tonnes for products falling within heading No 04.01 in packings of a net capacity of 3 litres or less,
- 1 tonne for products falling within heading Nos 04.02, 04.03 and 04.04.
2. Where quantities covered by STM licence applications exceed the quantities available to the extent that they lead to an imbalance in traditional patterns of trade in milk products, the Commission may reject all the applications.
3. The term of validity of STM licences shall not extend beyond the end of the month following that in which the licence application was lodged.
4. By way of derogation from Article 2 (2) of Regulation (EEC) No 574/86, rights deriving from STM licences shall not be transferable during their term of validity.'
4. In the fourth indent of Article 4, '15 ECU' is replaced by '25 ECU'.
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, 27 June 1986.
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COUNCIL DECISION
of 20 September 2005
appointing two members and an alternate member of the Committee of the Regions
(2005/678/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 Estonian Government,
Whereas:
(1)
On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006 (1).
(2)
Two seats as members of the Committee of the Regions have become vacant following the resignations of Mr Andrus ANSIP and Mr Edgar SAVISAAR and one seat as an alternate member of the Committee of the Regions has become vacant following the nomination of Mr Väino HALLIKMÄGI as a member,
HAS DECIDED AS FOLLOWS:
Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of their term of office, namely until 25 January 2006:
(a)
as members:
Mr Väino HALLIKMÄGI
Member of the Council of Pärnu
in place of Mr Andrus ANSIP
Mr Tõnis PALTS
Mayor of Tallinn
in place of Mr Edgar SAVISAAR
(b)
as alternate member:
Ms Laine JÄNES
Mayor of Tartu
in place of Mr Väino HALLIKMÄGI
Article 2
This Decision shall be published in the Official Journal of the European Union.
It shall take effect on the day of its adoption.
Done at Brussels, 20 September 2005.
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COMMISSION REGULATION (EC) No 2338/1999
of 3 November 1999
prohibiting fishing for Greenland halibut by vessels flying the flag of a Member State
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof, Whereas:
(1) Council Regulation (EC) No 51/1999 of 18 December 1998 allocating, for 1999, certain catch quotas between Member States for vessels fishing in the Norwegian exclusive economic zone and the fishing zone around Jan Mayen(3), as amended by Commission Regulation (EC) No 1619/1999(4), lays down quotas for Greenland halibut for 1999;
(2) in order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
(3) according to the information received by the Commission, catches of Greenland halibut in the waters of ICES divisions I, II a and II b (Norwegian waters north of 62° N) by vessels flying the flag of a Member State or registered in a Member State have exhausted the quota allocated for 1999,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of Greenland halibut in the waters of ICES divisions I, II a and II b (Norwegian waters north of 62° N) by vessels flying the flag of a Member State or registered in a Member State are hereby deemed to have exhausted the quota allocated to the Community for 1999.
Fishing for Greenland halibut in the waters of ICES divisions I, II a and II b (Norwegian waters north of 62° N) by vessels flying the flag of a Member State or registered in a Member State is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 November 1999.
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*****
COMMISSION REGULATION (EEC) No 236/86
of 3 February 1986
amending Regulations (EEC) No 2189/85, (EEC) No 2607/85, (EEC) No 2390/85 and (EEC) No 2273/85 relating to the wine sector
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 3768/85 (2) and in particular Articles 10, 11, 12a, 14 and 65 thereof,
Whereas:
- Commission Regulation (EEC) No 2189/85 of 31 July 1985 on the granting of re-storage aid for table wine for which a long-term storage contract was concluded during the 1984/85 wine-growing year (3),
- Commission Regulation (EEC) No 2607/85 of 16 September 1985 laying down, for the 1985/86 wine year, detailed implementing rules concerning the distillation provided for in Article 11 of Regulation (EEC) No 337/79 (4),
- Commission Regulation (EEC) No 2390/85 of 19 August 1985 laying down for the 1984/85 wine year detailed rules for the application of the additional measures applicable to holders of long-term storage contracts for table wine (5),
- Commission Regulation (EEC) No 2273/85 of 29 July 1985 on the granting of aid for the use in wine-making of concentrated grape must and rectified concentrated grape must in respect of the 1985/86 wine-growing year (6),
provide, in Article 1 (2), that producers who have not fulfilled their obligations under Article 41 of Regulation (EEC) No 337/79 during a certain period are not entitled to benefit from the measures provided for in those Regulations; whereas the said period was extended as a result of the last amendment to Commission Regulation (EEC) No 147/85 of 18 January 1985 laying down for the 1984/85 wine year detailed implementing rules for the distillation referred to in Article 41 of Regulation (EEC) No 337/79 (7) by Regulation (EEC) No 3054/85 (8); whereas the Regulations should therefore be altered in accordance with this amendment;
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
Article 1 (2) of Regulations (EEC) No 2189/85, (EEC) No 2607/85, (EEC) No 2390/85 and (EEC) No 2273/85 is hereby replaced by the following:
'2. In accordance with Article 6 (1) of Regulation (EEC) No 337/79, producers who in the course of the 1984/85 wine year were subject to the obligations referred to in Articles 39, 40 and 41 of Regulation (EEC) No 337/79 shall not be entitled to benefit from the measures provided for in this Regulation unless they provide evidence that they have fulfilled their obligations during the reference periods laid down in Article 16 of Commission Regulation (EEC) No 2461/84 (1), Article 13 of Commission Regulation (EEC) No 2462/84 (2) and Article 16 of Commission Regulation (EEC) No 147/85 (3).
(1) OJ No L 231, 29. 8. 1984, p. 12.
(2) OJ No L 231, 29. 8. 1984, p. 18.
(3) OJ No L 16, 19. 1. 1985, p. 25.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 February 1986.
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COMMISSION DECISION
of 29 June 2007
amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community
(notified under document number C(2007) 3183)
(Text with EEA relevance)
(2007/454/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (3), and in particular Articles 63(3) and Article 66(2) thereof,
Whereas:
(1)
Directive 2005/94/EC sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. It provides that detailed rules, required by the epidemiological situation to supplement the minimum control measures provided for in that Directive, are to be laid down. The date for the transposition of that Directive into the national law of the Member States is 1 July 2007.
(2)
Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (4) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease. Those areas are listed in the Annex to Decision 2006/415/EC and include parts of the Czech Republic, Hungary and the United Kingdom. That Decision currently applies until 30 June 2007.
(3)
Commission Decision 2006/416/EC of 14 June 2006 concerning certain transitional measures in relation to highly pathogenic avian influenza in poultry or other captive birds in the Community (5) provides for measures to be applied by Member States that have not fully transposed the provisions of Directive 2005/94/EC. That Decision applies until 30 June 2007. As Directive 2005/94/EC is to be transposed into the national law by the Member States by 1 July 2007, the measures provided for therein will replace the measures currently provided for in Decision 2006/416/EC.
(4)
As outbreaks of the avian influenza virus of the subtype H5N1 continue to occur, the measures laid down in Decision 2006/415/EC should continue to apply where that virus is detected in poultry, thereby supplementing the measures provided for in Directive 2005/94/EC.
(5)
Given this epidemiological situation, it is appropriate to extend the period of application of Decision 2006/415/EC until 30 June 2008.
(6)
In addition, the references in Decision 2006/415/EC to Decision 2006/416/EC should be replaced by references to Directive 2005/94/EC.
(7)
Decision 2006/415/EC should therefore be amended accordingly.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2006/415/EC is amended as follows:
1.
In Article 1, paragraph 2 is replaced by the following:
‘2. The measures laid down in this Decision shall be applied without prejudice to the measures to be applied in the event of an outbreak of highly pathogenic avian influenza in poultry taken in accordance with Directive 2005/94/EC.’
2.
Article 3 is replaced by the following:
‘Article 3
Areas A and B
1. The area listed in Part A of the Annex (“area A”) is classified as the high risk area consisting of the protection and surveillance zones established in accordance with Article 16 of Directive 2005/94/EC.
2. The area listed in Part B of the Annex (“area B”) is classified as the low risk area which may include all or parts of the further restricted zone established in accordance with Article 16 of Directive 2005/94/EC, and which shall separate area A from the disease free part of the affected Member State, if such part is identified, or from neighbouring countries.’
3.
Article 4 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. Immediately following a suspected or confirmed outbreak of highly pathogenic avian influenza caused by highly pathogenic influenza A virus of subtype H5 suspected or confirmed to be of the neuraminidase type N1, the affected Member State shall establish:
(a)
area A, having regard to the legal requirements as set out in Article 16 of Directive 2005/94/EC;
(b)
area B having regard to geographical, administrative, ecological and epizootiological factors relating to avian influenza.
The affected Member State shall notify areas A and B to the Commission, to the other Member States and, as appropriate, to the public.’
(b)
In Article 4(4)(b), point (i) is replaced by the following:
‘(i)
for at least 21 days in the case of the protection zone and 30 days in the case of the surveillance zone after the date of completion of the preliminary cleansing and disinfection on the holding where an outbreak is confirmed in accordance with Article 11(8) of Directive 2005/94/EC; and’
4.
In Article 5, the introductory phrase is replaced by the following:
‘In addition to the restrictions on the movement of poultry, other captive birds, their hatching eggs and products derived from such birds laid down in Directive 2005/94/EC, for holdings in the protection, surveillance and further restricted zones, the affected Member State shall ensure that:’
5.
In Article 12 the date ‘30 June 2007’ is replaced by ‘30 June 2008’.
6.
In the Annex the date ‘30 June 2007’ is replaced by ‘22 July 2007’.
Article 2
This Decision shall apply from 1 July 2007.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 29 June 2007.
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Commission Regulation (EC) No 2051/2001
of 19 October 2001
on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1706/98 of 20 July 1998 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EEC) No 715/90(1), and in particular Article 30 thereof,
Having regard to Commission Regulation (EC) No 1918/98 of 9 September 1998 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 1706/98 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States and repealing Regulation (EC) No 589/96(2), and in particular Article 4 thereof,
Whereas:
(1) Article 1 of Regulation (EC) No 1918/98 provides for the possibility of issuing import licences for beef and veal products. However, imports must take place within the limits of the quantities specified for each of these exporting non-member countries.
(2) The applications for import licences submitted between 1 and 10 September 2001, expressed in terms of boned meat, in accordance with Regulation (EC) No 1918/98, do not exceed, in respect of products originating from Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia, the quantities available from those States. It is therefore possible to issue import licences in respect of the quantities applied for.
(3) The quantities in respect of which licences may be applied for from 1 November 2001 should be fixed within the scope of the total quantity of 52100 tonnes.
(4) This Regulation is without prejudice to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(3), as last amended by Regulation (EC) No 1452/2001(4),
HAS ADOPTED THIS REGULATION:
Article 1
The following Member States shall issue on 21 October 2001 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin:
United Kingdom:
- 400 tonnes originating in Botswana,
- 487 tonnes originating in Namibia,
- 30 tonnes originating in Swaziland.
Article 2
Licence applications may be submitted, pursuant to Article 3(2) of Regulation (EC) No 1918/98, during the first 10 days of November 2001 for the following quantities of boned beef and veal:
TABLE
Article 3
This Regulation shall enter into force on 21 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 October 2001.
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COMMISSION DECISION
of 18 April 2006
amending Decision 2003/467/EC as regards the declaration that certain regions of Italy are officially free of bovine tuberculosis and enzootic bovine leukosis and that Slovakia is officially free of enzootic bovine leukosis
(notified under document number C(2006) 1551)
(Text with EEA relevance)
(2006/290/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (1), and in particular Annex A(I)(4) and Annex D(I)(E) thereto,
Whereas:
(1)
Directive 64/432/EEC provides that Member States or parts or regions thereof may be declared officially free of tuberculosis, brucellosis and enzootic bovine leukosis as regards bovine herds subject to compliance with certain conditions set out in that Directive.
(2)
The lists of regions of Member States declared free of bovine tuberculosis, bovine brucellosis and enzootic bovine leukosis are set out in Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leukosis-free status of certain Member States and regions of Member States as regards bovine herds (2).
(3)
Italy has submitted to the Commission documentation demonstrating compliance with the appropriate conditions provided for in Directive 64/432/EEC as regards the Region of Friuli-Venezia Giulia in order that that region may be declared officially free of tuberculosis as regards bovine herds.
(4)
Italy has also submitted to the Commission documentation demonstrating compliance with the appropriate conditions provided for in Directive 64/432/EEC as regards the Region of Molise in order that that region may be declared officially free of enzootic bovine leukosis as regards bovine herds.
(5)
Slovakia as regards its territory has submitted to the Commission documentation demonstrating compliance with the appropriate conditions provided for in Directive 64/432/EEC in order that the whole territory of Slovakia may be declared officially free of enzootic bovine leukosis as regards bovine herds.
(6)
Following evaluation of the documentation submitted by Italy, the Regions of Friuli-Venezia Giulia and Molise should be declared officially free of bovine tuberculosis and of enzootic bovine leukosis respectively.
(7)
Following evaluation of the documentation submitted by Slovakia, the whole of that Member State should be declared officially free of enzootic bovine leukosis.
(8)
Decision 2003/467/EC should therefore be amended accordingly.
(9)
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
Annexes I and III to Decision 2003/467/EC are amended in accordance with the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 18 April 2006.
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COMMISSION REGULATION (EC) No 2790/95 of 1 December 1995 providing for the partial release of minimum stocks in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 1101/95 (2), and in particular Article 12 (3) thereof,
Whereas in order to ensure normal supplies to the Community as a whole or to one of its areas, there is a standing obligation, in the European territories of the Community, for minimum stocks to be maintained by each sugar producing undertaking or sugar refinery;
Whereas Article 1 of Council Regulation (EEC) No 1789/81 of 30 June 1981 laying down general rules concerning the system of minimum stocks in the sugar sector (3), fixed the level of minimum stocks to be held, as the case may be, at 5 % of the actual production within the A quota or 5 % of the quantity of sugar refined during the 12 months preceding the month in question; whereas, pursuant to these provisions, this percentage has been brought down in turn to 3 % and to 0 % until 30 November 1995 in order to ensure normal supplies to the Community pending the arrival of the new production of the 1995/96 marketing year;
Whereas to permit such normal supplies to be better ensured at the appropriate time throughout the marketing year in all the regions of the Community, particularly those situated in the south where production is more forward, the minimum stocks should be brought down to the level of 3 %;
Whereas the said percentage should be applied in the place of the abovementioned 5 % from 1 December 1995 onwards on account in particular of the monthly system for establishing stocks held by undertakings;
Whereas the measured provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The percentages referred to in points (a) and (b) of Article 1 of Regulation (EEC) No 1789/81 are hereby reduced to 3 % during the period from 1 December 1995 to 30 November 1996.
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, 1 December 1995.
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COMMISSION REGULATION (EC) No 1282/98 of 19 June 1998 deferring the final date for sowing certain arable crops in certain regions in the 1998/99 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), as last amended by Regulation (EC) No 2309/97 (2), and in particular Article 12 thereof,
Whereas Article 10(2) of Regulation (EEC) No 1765/92 stipulates that, to qualify for the compensatory payments for cereals, protein crops and linseed under the support system for certain arable crops, producers must have sown the seed at the latest by 15 May preceding the relevant harvest;
Whereas Article 9 of Commission Regulation (EC) No 658/96 of 9 April 1996 on certain conditions for granting compensatory payments under the support system for producers of certain arable crops (3), as last amended by Regulation (EC) No 1128/98 (4), fixes 31 May or 15 June as the final date for oilseeds;
Whereas, because of the particular weather conditions this year, the final dates for sowing seeds fixed for Finland, Greece, Portugal and Sweden cannot be complied with in all cases; whereas, in consequence, the time limit for sowing cereals and/or oilseeds, and/or protein crops and/or linseed for the 1998/99 marketing year should, where necessary, be deferred for certain specific regions; whereas to do so Regulations (EEC) No 1765/92 and (EC) No 658/96 should be waived as permitted by the seventh indent of Article 12 of Regulation (EEC) No 1765/92;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder,
HAS ADOPTED THIS REGULATION:
Article 1
The final dates for crop sowings in Finland, Greece, Portugal, and Sweden for the 1998/99 marketing year are fixed in the Annex hereto for the crops and regions indicated therein.
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 June 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 1998.
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COMMISSION REGULATION (EEC) No 1774/93 of 2 July 1993 amending Regulation (EEC) No 2168/92 laying down detailed implementing rules for the specific measures for the Canary Islands with regard to potatoes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), as amended by Regulation (EEC) No 3714/92 (2), and in particular Articles 3 (4) and 20 (3) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), and in particular Article 6 (2) thereof,
Whereas the quantities of products benefiting from the specific supply arrangements must be determined within the framework of periodic forecast supply balances which may be adjusted on the basis of the essential requirements of the markets and taking account of local production and traditional trade flows; whereas to ensure coverage of requirements in terms of quantity, price and quality and to ensure that the proportion of products supplied from the Community is preserved, the aid to be granted for products originating in the rest of the Community must be determined on terms equivalent, for the end user, to the advantage resulting from exemption from import duties on imports of products from third countries;
Whereas pursuant to Articles 2 and 3 of Regulation (EEC) No 1601/92 a forecast supply balance and the amount of the aid relating to the supply of seed potatoes to the Canary Islands from the rest of the Community should be set for the 1993/94 marketing year; whereas the aid must be set taking account of the costs of supplying the products from the world market and of the conditions resulting from the geographical position of the Canary Islands;
Whereas the criteria and the legal bases for the agricultural conversion rates underwent radical modification under the new agrimonetary arrangements introduced by Regulation (EEC) No 3813/92; whereas Commission Regulation (EEC) No 1068/93 of 30 April 1993 on detailed rules for determining and applying the agricultural conversion rates (4) establishes the operative events for the agricultural conversion rate on the basis of the new rules; whereas the operative event for the aid referred to in Article 20 of Regulation (EEC) No 1601/92 should be altered on the basis of the new legal provisions;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Seeds,
HAS ADOPTED THIS REGULATION:
Article 1
Commission Regulation (EEC) No 2168/92 (5) is hereby amended as follows:
1. Article 1 is replaced by the following:
'Article 1
For the purposes of Articles 2 and 3 of Regulation (EEC) No 1601/92, the quantity of the forecast supply balance for seed potatoes falling within CN code 0701 10 00 which qualifies for exemption from the import levy on products coming directly into the Canary Islands from third countries or for Community aid is hereby fixed at 12 000 tonnes for the period from 1 July 1993 to 30 June 1994.'
2. Article 11 of Regulation (EEC) No 2168/92 is hereby replaced by the following:
'Article 11
The rate to be applied for converting the aid per hectare as referred to in Article 6 into national currency shall be the agricultural conversion rate in force on the final date fixed for the submission of aid applications in accordance with Article 7 (1).'
Article 2
This Regulation shall enter into force on 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 July 1993.
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*****
COMMISSION DECISION
of 14 April 1988
amending Decision 88/93/EEC authorizing the United Kingdom to restrict the marketing of seed of certain varieties of agricultural plant species
(Only the English text is authentic)
(88/270/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species (1), as last amended by Directive 86/155/EEC (2), and in particular Article 15 (7) thereof,
Having regard to the application lodged by the United Kingdom,
Whereas, pursuant to Article 15 (1) of the said Directive, seed and propagating material of varieties of agricultural plant species which have been officially accepted during 1985 in at least one of the Member States and which also meet the conditions laid down in the said Directive are, after 31 December 1987, no longer subject to any marketing restrictions relating to variety in the Community;
Whereas, however, Article 15 (2) of the said Directive provides that a Member State may be authorized upon application to prohibit the marketing of seed and propagating material of certain varieties;
Whereas Article 15 (7) of the said Directive provides that the period provided for in Article 15 (1) may be extended where there is good reason;
Whereas the United Kingdom applied for an authorization under Article 15 (2) of the said Directive for a certain number of varieties of different species;
Whereas Commission Decision 88/93/EEC (3), extended, for the United Kingdom, the period provided for in the said Article 15 (1) beyond 31 December 1987 until 31 March 1988 in respect of the varieties Minaret (Italian rye-grass) and Entrar (perennial rye-grass), in order to allow the Commission to complete its examination of these varieties;
Whereas it has not proved possible to complete the examination of the variety Minaret by 31 March 1988 and it is therefore necessary to extend the said period again until 31 May 1988;
Whereas the application of the United Kingdom in respect of the variety Entrar has been withdrawn;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
Article 4 of Decision 88/93/EEC is hereby amended as follows:
1. '31 March 1988' is replaced by '31 May 1988'.
2. 'Lolium perenne L.
Entrar'
is deleted.
Article 2
This Decision is addressed to the United Kingdom.
Done at Brussels, 14 April 1988.
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Council Regulation (EC) No 769/2002
of 7 May 2002
imposing a definitive anti-dumping duty on imports of coumarin 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 11(2) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PREVIOUS PROCEDURE AND EXISTING MEASURES
(1) In March 1996, by Regulation No 600/96(2) definitive anti-dumping measures were adopted with regard to imports of coumarin originating in the People's Republic of China. The measures imposed were in the form of a specific duty of ECU 3479 per tonne.
B. PRESENT INVESTIGATION
1. Request for review
(2) Following the publication of a notice of impending expiry(3) of the anti-dumping measures in force on imports of coumarin originating in the People's Republic of China ("country concerned" or "the PRC"), the Commission has received a request for review pursuant to Article 11(2) of Regulation (EC) No 384/96 ("the basic Regulation").
(3) The request was lodged on 4 January 2001 by the European Chemical Industry Council (CEFIC) ("the applicant") on behalf of the sole producer in the Community representing the totality of the Community production of coumarin.
(4) The request for an expiry review was based on the grounds that injurious dumping of imports originating in the PRC would be likely to continue or to recur if measures were allowed to expire.
2. Notice of initiation
(5) Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission initiated an investigation pursuant to Article 11(2) of the basic Regulation by a notice published in the Official Journal of the European Communities(4).
3. Period of investigation
(6) The investigation period ("IP") for the examination of continuation or recurrence of dumping and injury covered the period from 1 January 2000 to 31 December 2000. The examination of trends relevant for the assessment of continuation or recurrence of injury covered the period from 1 January 1996 up to the end of the IP ("period under review").
4. Parties concerned by the investigation
(7) The Commission officially advised the applicant Community producer, the exporting producers in the PRC and their representatives, the Chinese authorities and the importers, users and associations known to be concerned, of the initiation of the review. The Commission sent questionnaires to exporting producers, a producer in the United States (analogue country), the sole Community producer, importers, users and associations known to be concerned and to those parties who made themselves known within the time limit set in the notice of initiation of the review.
(8) The Community producer, the analogue country producer, one importers' association, and five users replied to the questionnaires. With respect to the PRC no reply to the questionnaire was received.
5. Verification of information received
(9) The Commission sought and verified all information it deemed necessary for the purpose of a determination of the continuation or recurrence of dumping and injury and of the Community interest. The Commission also gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.
(10) Verification visits were carried out at the premises of the following companies:
Community producer:
- Rhodia, (Lyon) France;
Importers:
- Quest International, (Ashford) United Kingdom;
Analogue country producer:
- Rhodia, (Cranbury NJ) USA.
C. PRODUCT CONCERNED AND LIKE PRODUCT
1. Product concerned
(11) The product concerned is the same as in the original investigation, i.e. coumarin, a whitish crystalline powder with the characteristic odour of newly mown hay. Its main uses are as an aroma chemical and as a fixative in the preparation of fragrance compounds, such compounds being used in the production of detergents, cosmetics and fine fragrances.
(12) Coumarin, which was originally a natural product obtained from tonka beans, is now produced synthetically. It can be obtained by a synthesis process starting from phenol to obtain salicilaldehyde (Perkin reaction) or by a synthesis from orthocresol (Raschig reaction). The main physical specification of coumarin is its purity, of which the melting point is the indicator. The standard quality coumarin marketed in the Community has a melting point varying between 68 °C and 70 °C which corresponds to 99 % purity.
(13) The product concerned falls within CN code ex 2932 21 00.
2. Like product
(14) As in the original investigation, coumarin produced and sold on the domestic market in the analogue country (USA) and that exported to the Community from the PRC as well as coumarin produced and sold by the Community industry in the Community market were found to have effectively identical physical characteristics and uses and are thus like products within the meaning of Article 1(4) of the basic Regulation.
D. LIKELIHOOD OF A CONTINUATION OF DUMPING OR RECURRENCE OF DUMPING
(15) In accordance with Article 11(2) of the basic Regulation, it is necessary to examine whether the expiry of the measures would be likely to lead to a continuation of dumping.
(16) In examining whether there is a likelihood of a continuation of dumping, it is necessary to verify whether dumping exists at present and whether any such dumping is likely to continue.
1. Preliminary remarks
(17) The findings on dumping set out below should be viewed in the light of the fact that the Chinese exporting producers did not cooperate in the investigation and findings therefore had to be based on facts available, i.e. Eurostat data, Chinese export trade data and information contained in the complaint.
2. Current level of dumping
(a) Analogue country
(18) The existing measures provide for a single country-wide duty on all imports into the Community of coumarin from the PRC. In accordance with Article 11(9) of the basic Regulation, the Commission employed the same methodology as in the original investigation. Accordingly, normal value was determined on the basis of information obtained in a market economy third country (the "analogue country").
(19) The United States had served as an analogue country in the original investigation. In the notice of initiation of this expiry review it was therefore envisaged to again choose the United States as analogue country for the purpose of establishing normal value. Since it was also found that the original reasons for selecting the USA, i.e. the size of its domestic market, the openness of its market and its degree of access to basic materials, were still valid, the United States was considered to be an appropriate and not unreasonable choice of analogue country. Only one interested party objected to this choice of analogue country, in particular with regard to the difference in manufacturing the product, however they did not submit any alternative choice in due time. Therefore, since the United States producer which was contacted agreed to cooperate fully, and had sufficient representative domestic sales, the United States were, in accordance with Article 2(7) of the basic Regulation, considered to be an appropriate and not unreasonable choice of analogue country for establishing normal value in respect of the PRC for the product concerned.
(b) Normal value
(20) It was subsequently examined whether the domestic sales of the cooperating United States producer to independent customers could be considered to have been made in the ordinary course of trade, in accordance with Article 2(4) of the basic Regulation. It was found that the weighted average selling price of all sales during the investigation period was above the weighted average unit cost of production, and that the volume of individual sales transactions below unit cost of production was more than 20 % but less that 90 % of the sales being used to determine normal value; therefore only all the profitable domestic sales were regarded as having been made in the ordinary course of trade, and used for comparison. Normal value was therefore determined, as set out in Article 2(1) of the basic Regulation, on the basis of the price paid or payable, in the ordinary course of trade, by independent domestic customers of the cooperating United States producer during the investigation period.
(c) Export price
(21) As regards the exports to the Community, for which there was no cooperation from the Chinese exporting producers, findings had to be based on the facts available, in accordance with Article 18(1) of the basic Regulation. An average export price for all transactions was thus determined on the basis of Chinese export trade data.
(d) Comparison
(22) For the purpose of a fair comparison, and in accordance with Article 2(10) of the basic Regulation, due allowance in the form of adjustments was made for differences in respect of inland freight, handling and loading, transport and credit costs, which affected prices and price comparability.
(23) Concerning inland transport, the relevant adjustments were based on the analogue country's costs.
(e) Dumping margin
(24) In accordance with Article 2(11) of the basic Regulation, the weighted average normal value, on an ex-works basis, was compared to the weighted average export price on an ex-works Chinese basis, at the same level of trade.
(25) The above comparison showed the existence of very significant dumping. The dumping margin found was substantial and just below the level found in the original investigation (around 50 %).
(26) The investigation did not reveal any reason why this dumping would disappear if the measures were to be repealed. It was therefore concluded that there is a likelihood of continuation of dumping. However, given the low level of imports originating in the PRC during the IP, it was considered appropriate to examine whether there were a recurrence of dumping in increasing export volume should exhausting measures be repealed.
3. Development of imports from the PRC
(27) For the examination of a likelihood of recurrence of dumping the following factors were examined: existence of dumping, the evolution of production and capacity utilisation in the PRC, and the evolution of worldwide Chinese coumarin exports.
(a) Existence of dumping
(28) The dumping margin established in the initial investigation was high (more than 50 %, leading to a duty of ECU 3479 per tonne). The investigation carried out under the present review indicates that dumping still persisted and was close to the level found in the initial investigation.
(b) Evolution of production and capacity utilisation in the PRC
(29) According to the information available, production capacity in the PRC is high, and could be even increased in a very short time due to the nature of the product and the production process. The information shows that the Chinese production capacity is about 1900 tonnes (representing 40 % of the world wide capacity with seven producers, and 18 potential producers ready to re-enter in the markets. This is much larger than the entire EC consumption of 700 tonnes.
(30) Consequently, the enormous availability of unused production capacity (between 50 % and 60 % of production capacity) gives Chinese exporting producers a very high degree of flexibility in the production process. These producers are therefore able to quickly increase production and direct it to any export market, including, were the measures to be repealed, the Community market.
(c) Evolution of Chinese exports to third countries
1. General trend of exports
(31) On the basis of Chinese export statistics, Chinese price behaviour on their other export markets shows that Chinese exporters' prices in those markets are on average 11 % lower than the prices offered in the Community, and even 16 % in certain third country markets, such as Hong Kong and India.
2. Possible deflection of Chinese exports due to the introduction of restrictions in third countries
(32) The USA imposed anti-dumping duties on import of coumarin from the PRC in 1995 and maintained the duties in May 2000 pursuant to an expiry review. The USA duties range from 31,02 % to 160,80 %.
(33) This shows that there is pressure on Chinese exporting producers to find alternative export markets. Should the Community repeal the current anti-dumping measures, exports to the Community market would be an attractive option for Chinese exporting producers.
3. Chinese exports to representative export markets
(34) It is important to note that, after the Council imposed anti-dumping duties in 1995, exporting producers in the PRC were not able to penetrate other export markets or to expand the exports in the other existing markets.
(d) Conclusion
(35) The investigation has shown that the quantities imported into the Community from the PRC during the investigation period were dumped.
(36) The investigation has also shown that the volume of Chinese coumarin exports to the Community would in all probability reach substantial levels if the current measures were to be repealed. This conclusion was arrived at in view of the substantial spare capacity available in the PRC, and in view of the pressure on Chinese exporting producers to find alternative export markets to the USA and to other export markets. All this illustrates the strong continued interest of Chinese exporting producers in selling to the Community.
(37) It was also concluded that such substantially increased exports to the Community would most likely be made at dumped prices. This is demonstrated by the low prices found for Chinese exports to other main third country markets.
(38) In summary, it is most probable that imports to the Community from the PRC will resume in significant quantities and at significantly dumped prices, should measures be repealed.
E. DEFINITION OF THE COMMUNITY INDUSTRY
(39) The company represented by the applicant was the only producer of coumarin in the Community during the investigation period.
(40) During the IP, the Community producer imported coumarin from a country other than the PRC. The purpose of such imports was to compensate shortages of the product concerned from the producer's Community production due to technical reasons. These imports represented a minor part of the total sales volume by the producer in the Community. Thus, despite these sales of imported coumarin, the primary activity of the company remained in the Community and the import of this producer did not affect its status as Community producer. This Community producer is therefore deemed to constitute the Community industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation.
F. ANALYSIS OF THE SITUATION IN THE COMMUNITY MARKET
1. Community consumption(5)
(41) Community consumption was established on the basis of the sales volumes of the Community industry on the Community market as reported in the questionnaire reply, the import volumes into the Community from the country concerned and all other third countries, on the basis of Eurostat.
(42) On this basis, the apparent consumption of coumarin increased by 92 % during the period under review. The most significant increase took place between 1996 and 1997, i.e. + 82 %. However, this should be seen in the light of large volumes of coumarin which were imported, mainly from the PRC, in 1994 and 1995, i.e. before the imposition of the anti-dumping measures. These large imported volumes have been stocked and then sold/used in 1996 thus reducing artificially the demand for coumarin this year and consequently the apparent consumption. In 1997, total import volumes went back to a level comparable with the one in 1993.
2. Imports from the country concerned
(a) Volume and market share
(43) With respect to the volume of the Chinese imports, it drastically decreased over the period under review, i.e. - 89 %, in particular between 1996 and 1998, i.e. - 87 %. This coincided with the imposition of the anti-dumping measures and the emergence of other countries that increased their exports to the Community. In this respect, it would appear that certain imports from Japan were in fact of Chinese origin thereby circumventing the measures. This can be noticed in particular as from 1997 when imports from Japan suddenly surged. Afterwards, given that the USA took action to prevent such circumvention activities on the US market, the Japanese exporter concerned also ceased its exports to the EC and imports from Japan as reported by Eurostat on the Community market have steadily decreased until the end of the IP.
(44) The market share of the imports from the PRC decreased by 25 percentage points during the period under review and were to be found between 1,5 and 3 %.
(b) Prices
(45) After the imposition of the measures in 1995, the average cif prices of the imports concerned, as reported by Eurostat, increased by 23 %, between 1996 and the IP, but remained below the average cif prices of all other imports during the period under review, and also below the Community industry's prices.
3. Economic situation of the Community industry
(a) Production
(46) The Community industry's production doubled between 1996 and the IP. A significant increase took place between 1996 and 1997. Subsequently, production slightly decreased until 1999 and went up again between 1999 and the IP.
(b) Capacity and capacity utilisation
(47) The total production capacity of the Community industry increased by 29 % over the period under review. The increase is due to an upgrade of the existing installation made in 1999.
(48) Capacity utilisation increased by 56 % between 1996 and the IP. The increase was particularly marked between 1996 and 1997 as well as between 1999 and the IP.
(c) Sales in the Community
(49) The sales volume of the Community industry significantly increased during the period under review. It trebled between 1996 and the IP. This development was made possible at a time when production doubled, because exports decreased in the same time. The sales increase was most remarkable between 1996 and 1997 even though the sales steadily increased between 1997 and the IP. However, as already explained under recital 42, the demand on the Community market was particularly low in 1996, thus distorting the comparison. Taking 1997 as a basis of comparison, the increase of the sales volume of the Community industry between 1997 and the IP is 41 %. Several reasons explain this evolution, such as the imposition of the anti-dumping measures in 1995 and the decrease of imports from certain third countries as already mentioned in recital 43.
(d) Stocks
(50) The Community industry's end of year stocks decreased by 8 % during the period under review. They firstly increased between 1996 and 1997, and then decreased until 1999 before raising again between 1999 and the IP.
(e) Market share
(51) The market share of the Community industry rose by 27 percentage points during the period under review. This increase was especially marked between 1996 and 1998 when market share gained 20 percentage points. Afterwards, market share slightly decreased in 1999 and regained around 12 percentage points between 1999 and the IP.
(f) Prices
(52) The Community producer's average net sales price decreased by 14 % between 1996 and the IP. The fall was particularly marked between 1996 and 1997 and then between the 1999 and the IP.
(53) This can be explained partly by the price level of the Chinese products which, as already mentioned under recital 45, remained below the average cif prices of all other imports during the period under review. Even though the import volume remained relatively low during the IP, the investigation has shown that price offers by the Chinese exporters have continued to be made at low prices. In addition, the price pressure of imports from Japan cannot be considered negligible during the period under review, even if volumes have decreased since 1997. However, this evolution should also be seen in the light of the efforts made by the Community producer to improve the efficiency of the production process. The increase of the production capacity, coupled with the effect of the anti-dumping measures, permitted the Community producer to increase the volume sold and thus to reduce the unit cost of goods sold.
(g) Profitability
(54) The weighted average profitability of the Community industry markedly improved during the period under review since it passed from a significant loss in 1996 to a profit which ranged between 5 % and 10 % in the IP. This increase, which was particularly marked between 1998 and the IP, should be seen in the light of the upgrade of the capacity already mentioned under recital 47, which permitted the Community industry to significantly reduce its costs of production.
(h) Cash flow and ability to raise capital
(55) The development of the cash flow generated by the Community industry in relation to sales of coumarin is very similar to that of the profitability since it passed from a negative to a positive figure as from 1999.
(56) The investigation established that the Community industry was not experiencing difficulties in its ability to raise capital. However, this is not considered as a meaningful indicator given that the Community industry is a large group whose coumarin production represents a relatively small part of the total production, and that the ability to raise capital is closely linked to the performance of the whole group.
(i) Employment, productivity and wages
(57) Employment of the Community industry slightly increased during the period under review and gained 9 % between 1996 and the IP. The productivity of the Community industry's workforce, measured as production volume per person employed, markedly increased during the same period, improving by more than 80 %. The wages as a whole increased by 27 % between 1996 and the IP, thus leading to an increase of the average wage per employee by 16 % between 1996 and the IP.
(j) Investment and return on investment
(58) The level of investments significantly increased between 1996 and 1999 and went down again in the IP. The investigation showed that most of this capital expenditure was related to the upgrade of the capacity already mentioned under recital 47, as well as to the maintenance of the equipment.
(59) The return on investment, expressed as the relation between the net profits of the Community industry and the net book value of its investments, followed very closely the profitability trend since it turned out to be positive as from 1999 and gained 23 percentage points between 1996 and the IP.
(k) Growth
(60) As mentioned above, while Community consumption almost doubled during the period under review, the sales volume and the market share of the Community industry followed an even more marked trend. The Community industry could therefore fully benefit from the growth of the market.
(l) Magnitude of the dumping margin
(61) As concerns the impact on the Community industry of the magnitude of the dumping margin found (see recital 28), given the low volume of imports during the IP, this cannot have an impact.
4. Conclusion
(62) The imposition of the anti-dumping measures on imports of coumarin originating from the PRC had a positive impact on the Community industry, which could recover from its weakened economic situation. All injury indicators except sales prices developed positively. However, this trend should also be seen in the light of the efforts made by the Community industry in order to improve its efficiency and to reduce its cost of production. Finally, it should be noted that such improvement only permitted the Community industry to get back to the situation prevailing just before the dumping practice started.
G. LIKELIHOOD OF RECURRENCE OF INJURY
1. Likelihood of recurrence of injury
(63) With regard to the likely effect on the Community industry of the expiry of the measures in force, the following factors were considered, in line with the elements summarised in recitals 35 to 38.
(64) There are clear indications that imports originating in the PRC will continue at dumped prices. Moreover, there is a likelihood that import volumes would increase significantly given that the Chinese exporting producers have the potential to raise their production and export volume in view of their large unused production capacity. In addition, even though the world coumarin consumption is forecast to slightly increase in the next three years, it is unlikely to absorb the unused Chinese capacity.
(65) Having regard to the Chinese exporters' export price behaviour on third country markets which are around 10 % lower than on the Community market, namely Hong Kong, India, Japan and Singapore, it is likely that the Chinese exporting producers will adopt an aggressive price behaviour in the Community in order to regain their lost market shares. Indeed, these low prices on third countries markets show that Chinese exporters consider it to be in their interest to sell at such prices. This in turn would lead to a recurrence of injury in terms of decreasing sales prices of the Community industry and decreasing sales volumes as well as the consequent negative impact on profitability.
(66) The Community market is also likely to be attractive for the Chinese exporters. On the one hand, it is recalled that the Community market absorbed 46 % of the Chinese exports in 1995, i.e. before the imposition of the measures currently in force, compared to 10 % in 1999.
(67) On the other hand, the comparison between the total Chinese exports on the world market, and the Chinese exports on the Community market during the same period, shows that Chinese exporters did not manage to find new markets that would be likely to replace their sales in the EC. Indeed, the strong decrease of the Chinese exports to the Community market between 1995 and 1999 (363 tonnes) was only compensated by an increase of Chinese exports to other third countries of around 100 tonnes.
(68) In addition, as the Community market and the US market stand for around 50 % of the world consumption of coumarin and given that the USA have imposed anti-dumping measures on imports of coumarin from the PRC, it is very likely that, should the measures be repealed, the Community market would be attractive for exporters from the PRC.
(69) One importers' association argued that the existence of capacity in the PRC does not imply in itself likely recurrence of injury.
(70) In relation to this particular point, it is recalled that this investigation should evaluate the likelihood of recurrence of dumping and injury in case the measures are removed. Even if the existence of large production capacity in the PRC does not in itself mean that injurious dumping will recur, this is nevertheless a meaningful indicator that should be taken into consideration. This indicator, when combined with the analysis of the Chinese exporters' behaviour on other third markets and the ongoing dumping found, constitutes an indicator of the likely behaviour of the exporters in case the measures are repealed and thus the likely effect thereof.
(71) On the basis of the above, it is concluded that, should the measures be repealed, there is a likelihood of a recurrence of injury from imports of coumarin from the PRC.
H. COMMUNITY INTEREST
1. Introduction
(72) According to Article 21 of the basic Regulation, the Commission examined whether a prolongation of the existing anti-dumping measures would be against the interest of the Community as a whole. The determination of the Community interest was based on an appreciation of all the various interests involved, i.e. those of the Community industry, the importers/traders as well as the users of the product under consideration. In order to assess the likely impact of maintaining or not maintaining the measures, the Commission requested information from all interested parties mentioned above.
(73) It should be recalled that, in the previous investigation, the adoption of measures was considered not to be against the interest of the Community. Furthermore, the fact that the present investigation is a review, thus analysing a situation in which anti-dumping measures have already been in place, would allow the assessment of any undue negative impact on the parties concerned by the current anti-dumping measures.
(74) On this basis it was examined whether, despite the conclusions on the likelihood of a recurrence of injurious dumping, compelling reasons existed which would lead to the conclusion that it is not in the Community interest to maintain measures in this particular case.
2. Interest of the Community industry
(75) It is considered that, should the anti-dumping measures imposed in the previous investigation be repealed, injurious dumping is likely to recur and that the situation of the Community industry, which improved during the period under review, would deteriorate.
3. Interest of importers
(76) From the 26 questionnaires sent, only one reply was received by the Commission services from an importers' association.
(77) This association argued that the anti-dumping measures led to the exclusion of both the Chinese and other third country's producers from the Community market, thus leading to a dependence of the users on the sole Community producer.
(78) First of all, it should be recalled that the coumarin world market is very concentrated with only a few producers the most important of whom, in terms of capacity, are located in China and in the Community. Therefore, any market share lost by one of these two countries producer is likely to be regained by the other. However, it is recalled that the purpose of the anti-dumping measures is not to restrict supply, but to re-establish fair competition on the Community market and that coumarin originating in the PRC can still be imported in the Community market. In addition, it should be noted that, during the IP, around 25 % of all imports of coumarin was imported from countries other than China, notably from Japan and India, thus showing that alternative sources of supply continue to exist. Furthermore, in view of the low level of cooperation and the fact that importers generally deal with a wide range of chemical products, of which coumarin is only one, it was concluded that any possible negative impact of the continuation of measures on importers would not be a compelling reason not to impose the continuation of measures.
4. Interest of users
(79) Questionnaires and/or information were received from five users (out of the 23 questionnaires sent).
(80) One of these companies is clearly in favour of the continuation of the measures while another does not expect any change for its business should the measures be removed or maintained. This latter company also underlined the fact that it would not be in the industry's interest that the Community producer stops production in case of recurrence of dumped imports.
(81) Two users, of which only one imported the product concerned from the country concerned during the period under review, were against the continuation of the measures, but both stated in their responses to the questionnaire that they both do not expect any effect on their business, should the measures be removed or maintained.
(82) One other user was also against the prolongation of the measures. This user argued that the competition by Chinese exporters is indispensable in order to guarantee the security of supply at competitive prices. Should competitive prices not be guaranteed, this user may consider moving part of its fragrance compounding to the PRC resulting in job losses in the Community. However, given that coumarin represents about 1,5 % of the total cost of production of this user, it is considered unlikely that a transfer of the production of certain compounds outside the Community would occur simply as a result of the continuation of the existing anti-dumping measures, especially since such transfer has not occurred during the five years the measures have been in force.
(83) The same user also mentioned the production difficulties suffered by the Community producer resulting in significant delivery delays. Although the Community producer faced production difficulties during the period under review, these were due to particular circumstances that are unlikely to recur on a regular basis, amongst which, the upgrade of the existing installation mentioned under recital 47. In addition, the impact of delivery problems on users was found to be minor since, as mentioned under recital 40, the Community producer was able to import the like product to compensate for the shortage of its production of the product concerned.
(84) On the basis of the above, and in view of the low level of cooperation, which in itself appears to confirm that users did not suffer any substantial negative effect on their economic situation as a result of the measures currently in force, the impact on users was considered not to constitute a compelling reason against the continuation of the measures, as a possible negative effect on users is unlikely to offset the positive effect on the Community industry.
5. Competition aspects
(85) Several interested parties argued that the current measures have led to the elimination of Chinese coumarin on the Community market, leading to a monopoly position of the Community industry. The prolongation of the measures would thus be against the interest of the Community.
(86) As already mentioned under recital 51, the Community industry increased its market share and thus can benefit from a strong position on the Community market. However, the current investigation also established that the effect of the measures was to permit the Community industry to recover that share of the Community market which it held before the Chinese dumping practices began.
(87) Moreover, it should be noted that the world market for coumarin is characterised by operation of only a few producers. In such a situation, competition aspects have to be followed with particular care, given that the effect of the measures on these suppliers can have a considerable importance. However, the investigation has found no indication as to any anti-competitive practices of the Community producer. In this context, it should be underlined that its sales prices decreased over the period under review. Furthermore, several alternative sources of supply still exist since coumarin is or can be imported from several countries amongst which are Japan and India which still hold non-negligible shares of the Community market.
(88) On the basis of the above, it has been concluded that any competition-related concerns were considered not to constitute a compelling reason against the continuation of the measures.
6. Conclusion on Community interest
(89) Given the above, it was concluded that there are no compelling reasons of Community interest against the continuation of the measures.
I. ANTI-DUMPING MEASURES
(90) All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to recommend the maintenance of the existing anti-dumping duty in respect of imports of coumarin originating in the PRC. They were also granted a period within which to make representations subsequent to this disclosure. No comments were received which were of a nature to change the above conclusions.
(91) It follows from the above that the anti-dumping measures currently in force with regard to imports of coumarin originating in the People's Republic of China should be maintained,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of coumarin falling within CN code ex 2932 21 00 (TARIC code 2932 21 00 10 ) originating in the People's Republic of China.
2. The rate of the duty is set at EUR 3479 per tonne.
Article 2
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
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, 7 May 2002.
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COUNCIL DECISION
of 27 April 2009
establishing the position to be adopted on behalf of the Community within the Food Aid Committee as regards the extension of the Food Aid Convention 1999
(2009/353/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 181, in conjunction with the second subparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Food Aid Convention 1999 (hereinafter referred to as the ‘Convention’) was concluded on behalf of the European Community by Council Decision 2000/421/EC (1) and extended by decisions of the Food Aid Committee in June 2003, June 2005, June 2007 and June 2008 so as to remain in force until 30 June 2009.
(2)
A further extension for a period of one year of the Convention is in the interest of both the Community and its Member States. Pursuant to Article XXV(b) of the Convention, that extension is conditional upon the remaining in force, for the same period, of the Grains Trade Convention 1995 (2). The Grains Trade Convention 1995 remains in force until 30 June 2009, and a further extension of it will be decided at the International Grains Council meeting in June 2009. The Commission, which represents the Community in the Food Aid Committee, should therefore be authorised to vote in favour of such extension,
HAS DECIDED AS FOLLOWS:
Sole Article
The Community’s position within the Food Aid Committee shall be to vote in favour of the extension of the Food Aid Convention 1999 for a period of one year, subject to the condition that the Grains Trade Convention 1995 remains in force during the same period, i.e. until 30 June 2010.
The Commission is hereby authorised to express this position within the Food Aid Committee.
Done at Luxembourg, 27 April 2009.
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COMMISSION DIRECTIVE 98/66/EC of 4 September 1998 amending Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (1), as amended by European Parliament and Council Directive 94/34/EC (2), and in particular Article 3(3)(a) thereof,
After consulting the Scientific Committee on Food,
Whereas European Parliament and Council Directive 94/35/EC of 30 June 1994 on sweeteners for use in foodstuffs (3), as amended by Directive 96/83/EC (4), lists those substances which may be used as sweeteners in foodstuffs;
Whereas Commission Directive 95/31/EC of 5 July 1995 laying down specific criteria of purity concerning sweeteners for use in foodstuffs (5) sets out the purity criteria for the sweeteners mentioned in Directive 94/35/EC;
Whereas it is necessary, in the light of technical progress, to amend the purity criteria set out in Directive 95/31/EC for isomalt (E 953); whereas it is consequently necessary to adapt that Directive;
Whereas it is necessary to take into account the specifications and analytical techniques for sweeteners as set out in the Codex Alimentarius by the Joint FAO/WHO Expert Committee on Food Additives (JECFA);
Whereas food additives, prepared by production methods or starting materials significantly different from those included in the evaluation of the Scientific Committee for Food, or different from those mentioned in this Directive, shall be submitted for evaluation by the Scientific Committee on Food with a view to full evaluation with emphasis on the purity criteria;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Foodstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In the Annex to Directive 95/31/EC, the text concerning E 953 - isomalt is replaced by the text in the Annex to this Directive.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive before 1 July 1999. They shall immediately inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 3
This Directive shall enter into force on the 20th 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, 4 September 1998.
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FIFTEENTH COMMISSION DIRECTIVE 92/86/EEC
of 21 October 1992
adapting to technical progress Annexes II, III, IV, V, VI and VII of Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), as last amended by Commission Directive 92/8/EEC (2), and in particular Article 8 (2) thereof,
Whereas, on the basis of the available information, certain provisionally permitted colouring agents, substances, preservatives and ultraviolet filters may be definitively permitted, whilst others must be definitively prohibited or be permitted for a further specified period;
Whereas, in order to protect public health, it is necessary to prohibit the use of 1,2-epoxybutane, CI 15585, strontium lactate, strontium nitrate, strontium polycarboxylate, pramocaine, 4-ethoxy-m-phenylenediamine and its salts, 2,4-diaminophenylethanol and its salts, catechol, pyrogallol, nitrosamines and dialkanolamines;
Whereas, on the basis of the latest scientific and technical research, the use of strontium chloride, strontium acetate, fatty acid dialkanolamides, monoalkanolamines, trialkanolamines and hydrated magnesium silicate may be permitted subject to certain restrictions and conditions and the obligatory inclusion of health warnings on the label;
Whereas, on the basis of the latest scientific and technical research, 3-iodo-2-propynylbutyl carbamate and sodium hydroxymethylaminoacetate may be used as preservatives in cosmetic products up to 30 June 1993 subject to certain restrictions and conditions;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Cosmetic Products Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 76/768/EEC is hereby amended as follows:
1. the following numbers are added to Annex II:
'400. 1,2-epoxybutane
401. Colouring agent CI 15585
402. Strontium lactate
403. Strontium nitrate
404. Strontium polycarboxylate
405. Pramocaine
406. 4-ethoxy-m-phenylenediamine and its salts
407, 2,4-diaminophenylethanol and its salts
408. Catechol
409. Pyrogallol
410. Nitrosamines
411. Secondary dialkanolamines`;
2. in Annex III, Part 1:
(a) the following reference numbers are added:
TABLE
(b) reference number 20 is deleted;
(c) 'sensitivity test advisable before use` in column f (a) and (b) in reference numbers 8, 9 and 10 is deleted;
(d) refence number 12 is replaced by the following number: TABLE
3. in Annex III, Part 2, reference number 2 is deleted;
4. in Annex IV, Part 1:
(a) the following number is added: TABLE
(b) 'see Annex IV, Part 2` in the column 'other limitations and requirements` is deleted in numbers CI 73900 and CI 74180;
5. in Annex IV, Part 2, colouring agents CI 26100, CI 73900, CI 74180, CI 15585 and Solvent Yellow 98 are deleted;
6. in Annex V, reference number 5 is replaced by the following:
'5. Strontium and its compounds, with the exception of strontium lactate, strontium nitrate and strontium polycarboxylate listed in Annex II, strontium sulphide, strontium chloride and strontium acetate, under the conditions laid down in Annex III, Part 1, and of strontium lakes, pigments and salts of the colouring agents listed with reference (3) in Annex IV, Part 1.`;
7. in Annex VI, Part 1:
(a) the limitation 'not to be used in cosmetic sunscreen products` in reference number 36 is replaced by 'not to be used in cosmetic sunscreen products at a concentration exceeding 0,025 %`;
(b) the following substance is added: TABLE
8. in, Annex VI, Part 2:
(a) '30. 6. 1992` in reference numbers 2, 21, 26, 27 is replaced by '30. 6. 1993`;
(b) '31. 12. 1992` in reference number 28 is replaced by '30. 6. 1993`;
(c) reference number 20 is deleted;
(d) reference number 15 is replaced by the following: TABLE
(e) reference number 16 is replaced by the following: TABLE
(f) the following reference numbers are added: TABLE POSITION
9. in Annex VII, Part 2:
(a) the following reference numbers are deleted: 1, 4 and 16;
(b) '30. 6. 1992` is replaced by '30. 6. 1993` for the following reference numbers: 2, 5, 6, 12, 13, 17, 24, 25, 26, 28, 29, 31 and 32.
Article 2
1. Notwithstanding the dates referred to in Article 1, Member States shall take all the necessary measures to ensure that as from 1 July 1993 for the substances referred to in Article 1, neither manufacturers nor importers established in the Community shall place on the market products which do not comply with the requirements of this Directive.
2. Member States shall take the necessary measures to ensure that the products referred to in paragraph 1 containing the substances referred to in Article 1 shall not be sold or otherwise disposed of to the final consumer as from 1 July 1994 if they do not comply with the requirements of this Directive.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions needed to comply with this Directive no later than 30 June 1993. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 21 October 1992.
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COMMISSION REGULATION (EC) No 2114/2004
of 10 December 2004
fixing the export refunds on olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 3(3) thereof,
Whereas:
(1)
Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries.
(2)
The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 (2).
(3)
Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community.
(4)
In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market.
(5)
In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations.
(6)
The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary.
(7)
The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period.
(8)
It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 11 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 December 2004.
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COUNCIL REGULATION (EEC) No 1950/92 of 13 July 1992 opening and providing for the administration of a Community tariff quota for heifers and cows, other than those intended for slaughter, of certain mountain breeds
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to the proposal from the Commission,
Whereas the European Economic Community undertook, within the framework of the General Agreement on Tariffs and Trade (GATT), to open an annual Community tariff quota of 20 000 head at a duty of 6 % for heifers and cows, other than those intended for slaughter, of certain mountain breeds; whereas, in an exchange of letters with Austria dated 21 July 1972, the Community undertook unilaterally to increase the size of the tariff quota from 20 000 to 30 000 head and to lower the quota duty from 6 % to 4 %; whereas, subsequently, this quota was increased unilaterally to 38 000 head; whereas according to the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning agriculture of 14 July 1986, which was approved by Decision 86/555/EEC (1), the volume of this tariff quota was raised to 42 600 head as from 1 July 1986; whereas the abovementioned tariff quota should therefore be opened for the period 1 July 1992 to 30 June 1993 at a duty of 4 % for a quantity of 42 600 head; whereas a check should be carried out to ascertain that the imported animals have not been slaughtered within a certain period;
Whereas it is, in particular, necessary to ensure equal and continuous access for all Community importers to the abovementioned quota, and the uninterrupted application of the quota duties, to all imports of the animals in question until the quota is exhausted; whereas the necessary measures should be taken to ensure efficient administration of this tariff quota, taking into account the Community nature of the quota and special factors in the trade in these animals; whereas to this end the Commission should assign to the Member States on request the quantities needed to cover actual imports in accordance with an economically appropriate procedure to be determined;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure concerning the administration of the quantities levied by that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 July 1992 to 30 June 1993, the duty applicable to the import into the Community of the animals designated hereafter shall be suspended at the level and within the limits of the Community tariff quota indicated.
Order No CN code
(a) Description Quota
volume Quota duty
(%) 09.0001 ex 0102 90 10
ex 0102 90 31
ex 0102 90 33 Cows and heifers other than those intended for slaughter, of the following mountain breeds: grey, brown, yellow and mottled Simmental breed and mottled Pintzgau breed 42 600 head 4
(a) Taric codes: 0102 90 10 * 20 and 40,
0102 90 31 * 11, 19, 31 and 39,
0102 90 33 * 10 and 30.
2. Within the limits of this tariff quota, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions in the Act of Accession.
3. For the purposes of this Regulation, the animals referred to in paragraph 1 shall be considered not intended for slaughter if they are not slaughtered within four months of the date of the acceptance of the entry for release for free circulation.
Derogations may, however, be granted in the event of force majeure duly attested by a local authority certificate setting out the reasons for the slaughter.
Article 2
1. The quota volume referred to in Article 1 (1) shall be further divided into two parts.
The first part, 80 % of the total, i.e. 34 080 head, shall be reserved for established importers who are able to furnish proof of having imported animals of the breeds specified in the tariff quota in question during the previous three years.
The second part, of 20 %, i.e. 8 520 head, shall be reserved either for importers who undertake, when making an application, to keep the imported cattle in premises of which they have the use or for importers who have been conducting business in live bovine animals for a period of at least one year and are listed in a public register of the Member State or who can provide proof, recognized by the competent authority, of such conduct.
2. The 34 080 head shall be assigned to the various importers pro rata, in proportion to the scale of their previous imports over the three years under consideration or to the quantities applied for if they are less than previous imports while the 8 520 head shall be assigned to applicants pro rata, in proportion to the entitlement applied for by the importers. In the latter case:
(a) applications for quantities greater than 50 head shall be automatically reduced to that number;
(b) applications which would give rise to a certificate of participation covering a quantity of less than five head shall not be taken into account;
(c) quantities which have not been assigned, owing to the minimum five head limitation shall be assigned by drawing lots (with a figure of five head).
3. Any quantities of one of the parts of the tariff quota referred to in paragraph 1 not applied for shall be automatically transferred to the other part.
Article 3
1. Applications to import under each part of the tariff quota, accompanied, where appropriate, by proof of previous imports, shall be made to the competent authorities in the Member States, in accordance with the procedures laid down and the deadline set by those authorities, by means of the document of release for free circulation, which shall be cancelled by the said authorities after being submitted as proof.
These authorities shall transmit to the Commission, not later than 17 July 1992 the data thus collected, and in particular:
- the number of applicants and the number of head applied for by each category of importer,
- the average of previous imports furnished by each applicant in respect of the 34 080 head reserved for established importers.
2. The Commission shall notify the Member States, by 22 July 1992, of the quantities to be assigned to each applicant, in the form, where necessary, of a percentage of the amount originally applied for, or of that applicant's previous imports.
3. On the basis of the data referred to in paragraph 2, Member States shall issue applicants with certificates specifying the number of head to which they are entitled. The period of validity of the certificates may not go beyond 30 June 1983.
The entitlement certificates, a model of which is annexed to this Regulation, shall be issued upon provision of a security of ECU 20 per head, which shall be released once the certificates have been returned, complete with the customs stamps acknowledging the import of the animals, to the issuing authority.
An entitlement certificate shall not be transferable and shall entitle the bearer to benefit from the tariff quota only when made out in the same name as the entry for release for free circulation which accompanies it.
The rules laid down in Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), as last amended by Regulation (EEC) No 1599/90 (3), for the release of the security for the import certificates or its conversion into revenue shall apply to the security referred to in the second subparagraph.
4. Quantities which have not been the subject of the issue of entitlement certificates by 31 March 1993 shall be finally reassigned under the procedure described in the foregoing paragraphs to importers who have applied for certificates in respect of their whole entitlements.
To this end, Member States shall notify the Commission by 10 April 1993 of the quantities remaining unused on 31 March 1993, and furnish the data specified in the second subparagraph of paragraph 1. The Commission shall set the new percentages for entitlements in each category and shall transmit them by not later than 15 April 1993 to the Member States, which shall then issue the entitlement certificates to the applicants under the conditions set out in paragraph 3, with a period of validity not extending beyond 30 June 1993.
Article 4
1. Member States shall take all measures necessary to ensure that access to the tariff quota in question is restricted to cattle as specified in Article 1 (1).
2. They shall ensure importers equal and continuous access to the tariff quota in question.
3. Depletion of the said quota shall be measured on the basis of imports submitted for customs clearance under cover of entries for release for free circulation.
Article 5
Member States and the Commission shall cooperate closely to ensure that the provisions of this Regulation are observed.
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 July 1992.
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Council Decision
of 21 July 2003
concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Republic of Chile
(2003/589/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 170(2) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and 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 Commission has negotiated with the Republic of Chile, on behalf of the Community, an Agreement for scientific and technological cooperation.
(2) This Agreement was signed, on behalf of the Community, on 23 September 2002 in Brussels, subject to a possible conclusion at a later date.
(3) The Agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement for scientific and technological cooperation between the European Community and the Republic of Chile is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council shall, on behalf of the Community, give the notification provided for in Article 11 of the Agreement.
Done at Brussels, 21 July 2003.
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COMMISSION REGULATION (EC) No 161/2007
of 15 February 2007
concerning the classification of certain goods in the Combined Nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2)
Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.
(3)
Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3 of that table.
(4)
It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table.
Article 2
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
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, 15 February 2007.
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*****
COMMISSION DECISION
of 27 June 1984
on the aid granted by the Belgian Government to a producer of polypropylene fibre and yarn
(Only the Dutch and French texts are authentic)
(84/508/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof,
Having given notice to the parties concerned to submit their comments as provided for in the said Article 93, and having regard to those comments,
Whereas:
I
Following a number of complaints from federations of firms in the synthetic fibre and textile sectors, the Commission, by letters of 26 July 1983 and 3 November 1983, requested information from the Belgian Government in respect of an alleged aid granted to a Belgian textile company for the production of polypropylene fibre and yarn.
By letter dated 18 November 1983, the Belgian Government informed the Commission that in March 1983 an aid had been granted to the largest Belgian textile and carpet group for the purpose of establishing a production plant for polypropylene staple fibre and filament yarn.
According to the Belgian authorities the aid had been granted under the transitional period of three months authorized by the Commission until the end of March 1983 for the 1982 aid programme in favour of the textile and clothing industry. The Commission also was informed that the aid amounted to Bfrs 224 million and took the form of a State participation in the capital of the subsidiary created by the textile and carpet group for the abovementioned purpose. Finally, the Belgian Governmemt indicated that this aid was the only intervention under the 1982 textile programme in favour of the textile and carpet group in question.
By telex dated 5 December 1983 the Commission requested additional information. Partial replies were communicated orally on 20 December 1983 and 11 January 1984.
Having examined the case, the Commission considered that the aid would be incompatible with the common market on the grounds that it would affect trade between Member States to an extent contrary to the common interest. The Commission also considered that in view of the overcapacities in polypropylene staple fibre and filament yarn the creation of any additional capacities should not be encouraged with State aid.
Furthermore, the Commission considered that the aid should have been notified to it in advance under the transitional period authorized for the 1982 textile-aid programme and that neither the textile and carpet group nor its subsidiary concerned were registered on the list of firms submitted to the Commission for the purpose of monitoring the application of the transitional period.
Consequently, the Commission initiated the procedure provided for in the first paragraph of Article 93 (2) of the EEC Treaty in respect of the aid and by letter of 13 February 1984 gave the Belgian Government notice to submit its comments.
II
The Belgian Government, in submitting by letter dated 13 March 1984 its comments under the procedure provided for in Article 93 (2), did not question the aid character of the intervention and pointed out that State participation reached only 18 % of total investment cost, if including the working capital required for the project in total investment costs. It argued that no advance notification had been required as the project, while being undertaken by a carpet producer, concerned synthetic fibre and yarn and thus products not subject to this notification procedure. Furthermore, it considered that the firm in question had been listed on the document sent to the Commission for the purpose of monitoring the application of the transitional period under the name of the principal owner of the textile and carpet group and his commercial domicile. The Belgian Government also disputed the overcapacity problems in the production of polypropylene fibre and yarn highlighted by the Commission.
The comments of two other Member States, seven federations of firms in the sector and four individual companies, submitted to the Commission under the Article 93 (2) procedure, supported the Commission's view and underlined the overcapacity problems which the polypropylene sector is facing. They highlighted the sensitivity of the sector because of the volume of trade and the degree of competition between Member States. It was also claimed that the aid gave an unfair advantage to the carpet and synthetic-fibre producer in question in competition with other Community manufacturers.
III
The acquisition of shareholdings in companies either by central governments or by public agencies under government authority may in certain cases constitute aid under Article 92 (1) of the EEC Treaty.
The State intervention in question is explicitly referred to by the Belgian Government as a State aid.
In polypropylene staple fibre and filament yarn there is a high volume of trade and a large degree of competition between Member States. Consequently, trade between Member States is affected by an intervention undertaken by a Member State.
In these circumstances the operation in question constitutes aid within the meaning of Article 92 (1) of the EEC Treaty.
Article 92 (1) of the EEC Treaty lays down the principle that aid having the features there described is incompatible with the common market. The exceptions to this principle set out in Article 92 (3) specify objectives in the Community interest transcending the interests of the aid recipient. These exceptions must be construed narrowly when any regional or industry-aid scheme or any individual award under a general aid scheme is scrutinized. In particular they may be applied only when the Commission is satisfied that the free play of market forces alone, without the aid, would not induce the prospective aid recipient to adopt a course of action contributing to attainment of one of the said objectives.
To apply the exceptions to cases not contributing to such an objective would be to give unfair advantages to certain Member States and allow trading conditions between Member States to be affected and competition to be distorted without any justification on grounds of Community interest.
In applying these principles in its scrutiny of individual aid awards, the Commission must satisfy itself that the aid is justified by the contribution the recipient is making to attainment of one of the objectives set out in Article 92 (3), and is necessary to that end. Where this cannot be demonstrated, and especially where the aided investment would take place in any case, it is clear that the aid does not contribute to attainment of the objectives specified in the exceptions but merely serves to bolster the financial position of the recipient firm.
The recipient in the present case cannot be said to be making such a contribution in return for the aid.
The Belgian Government has been unable to give, or the Commission to discover, any justification for a finding that the planned aid falls within one of the categories of exceptions in Article 92 (3).
With regard to the exceptions provided for by Article 92 (3) (a) and (c) for aids which promote or facilitate the development of certain areas, the area in which the recipient undertaking's factory is located is not one where the standard of living is abnormally low or where there is serious underemployment within the meaning of Article 92 (3) (a), nor does the award appear likely to facilitate the development of certain economic areas within the meaning of Article 92 (3) (c), a purpose, moreover, for which it is not intended.
As far as the exceptions in Article 92 (3) (b) are concerned, the measure does not have the feature of a 'project of common European interest' or of a project likely 'to remedy a serious disturbance in the economy of a Member State', the promotion of which justifies application of this exception clause. Although the economy of Belgium faces social and economic difficulties, these are not the most serious in the Community. In this situation the danger of an escalation of State aids is most immediate and any State aid is most likely to affect trade between Member States.
As to the exceptions in Article 92 (3) (c), there is substantial overcapacity in both staple and filament yarn of polypropylene in the EEC. In 1983, as in the years before, capacity utilization is estimated to have been well below 70 %, which is insufficient for economically viable operation. In Belgium, moreover, the levels of utilization were much lower and stood at 50 % for staple fibre and only 40 % for filament yarn. Any artificial lowering of the establishment costs of a polypropylene plant would therefore weaken the competitive position of existing producers and would have the effect of reducing capacity utilization and depressing prices, to the detriment of, and possible withdrawal from the market of, producers which have hitherto survived owing to restructuring and productivity improvements undertaken from their own resources.
Since polypropylene staple fibre and filament yarn are traded predominantly within the Community, it is unquestionable that the aid would have an adverse effect on trading conditions to an extent contrary to the common interest, especially as the aid was granted to a firm which is part of the largest single carpet producer in Belgium, and indeed the Community, which exports a very large percentage of its production to the other Member States.
Polypropylene filament yarn is the basic raw material of carpet production. It represents up to 60 % of the production costs of the final product. Assistance for the production of raw materials which are key inputs in producing a final product will considerably affect the costing of and profit margins on the final product. The aid, while having been granted for polypropylene production, must be regarded as directly favouring the manufacture of carpets of the group in question.
The aid in question favours a project under which production capacities for polypropylene fibres and yarn are to be expanded significantly. Under the 1971 and 1977 guidelines for textile and clothing industry aids, established by the Commission in cooperation with Member States, such projects should, in view of the sensitivity of the textile and clothing sector in general, not be supported with public finance. Furthermore, in a sector as sensitive as carpets and tufted carpets and in which the Belgian industry is already a high performer and competitive, an aid for such a purpose would not be in the common interest, particularly as it was granted in favour of the already by far largest Belgian textile firm. Any aid granted for such a purpose would serve only to increase the financial strength of the undertaking in question, giving it an unfair advantage in competition with other Community producers.
In the carpet market, polypropylene and nylon compete with each other. Like polypropylene, nylon has been in a state of severe oversupply in the Community, and strenuous efforts have been made to reduce capacity. The State-aided expansion of polypropylene production in question will counteract these efforts and weaken the Community nylon sector.
It is concluded that the aid in question, in view of the absence of any justification on grounds of the Community interest and the fact that the industry is one in which competition within the Community is very keen, is liable to affect trade to an extent contrary to the common interest. Accordingly, there is no factor which could justify the Commission in exempting the aid from the rule that aids are incompatible with the common market by applying the exceptions provided for in Article 92 (3) (c) of the EEC Treaty.
Therefore, the aid amounting to Bfrs 224 million which was granted in March 1983 in disregard of Article 93 (3) of the EEC Treaty, which requires that a Member State shall notify the Commission in advance of any aid plans, must be withdrawn,
HAS ADOPTED THIS DECISION:
Article 1
The aid granted in March of 1983 and of which the Belgian Government informed the Commission by letter dated 18 November 1983 in favour of a producer of polypropylene staple fibre and filament yarn is incompatible with the common market within the meaning of Article 92 of the EEC Treaty. The said aid shall therefore be withdrawn.
Article 2
Belgium shall inform the Commission within two months of the date of notification of this Decision of the measures taken to comply therewith.
Article 3
This Decision is addressed to the Kingdom of Belgium.
Done at Brussels, 27 June 1984.
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*****
COMMISSION REGULATION (EEC) No 2121/87
of 17 July 1987
on arrangements for imports into France of certain textile products (category 16) originating in the Philippines
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 4136/86 of 22 December 1986 on common rules for imports of certain textile products originating in third countries (1), and in particular Article 11 thereof,
Whereas Article 11 of Regulation (EEC) No 4136/86 lays down the conditions under which quantitative limits may be established; whereas imports into France of certain textile products (category 16) specified in the Annex hereto and originating in the Philippines have exceeded the level referred to in paragraph 3 of the said Article 11;
Whereas, in accordance with paragraph 5 of the said Article 11 of Regulation (EEC) No 4136/86 on 23 June 1987 the Philippines was notified of a request for consultations; whereas, pending a mutually satisfactory solution, the Commission has requested the Philippines for a provisional period of three months to limit exports to France of products falling within category 16 to 23 000 pieces with effect from the date of notification of the request for consultations; whereas pending the outcome of the requested consultations quantitative limits identical to those requested of the supplier country should be applied provisionally to imports of the category of products in question;
Whereas paragraph 13 of the said Article 11 ensures that the quantitative limits are observed by means of a double-checking system in accordance with Annex VI to Regulation (EEC) No 4136/86;
Whereas the products in question exported from the Philippines to the Community between 23 June 1987 and the date of entry into force of this Regulation must be set off against the quantitative limit which has been introduced;
Whereas this quantitative limit should not prevent the importation of products covered by them shipped from the Philippines before the date of entry into force of this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Without prejudice to the provisions of Article 2, imports into France of the category of products originating in the Philippines and specified in the Annex hereto shall be subject to the provisional quantitative limit set out in that Annex.
Article 2
1. Products as referred to in Article 1 shipped from the Philippines to France before the date of entry into force of this Regulation and not yet released for free circulation, shall be so released subject to the presentation of a bill of lading or other transport document proving that shipment actually took place during that period.
2. Imports of products shipped from the Philippines to France after the entry into force of this Regulation shall be subject to the double-checking system described in Annex VI to Regulation (EEC) No 4136/86.
3. All quantities of products shipped from the Philippines or after 23 June 1987 and released for free circulation shall be deducted from the quantitative limit laid down. This provisional limit shall not, however, prevent the importation of products covered by them but shipped from the Philippines before the date of entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply until 22 September 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 July 1987.
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Commission Regulation (EC) No 1225/2001
of 21 June 2001
concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 943/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 602/2001(4), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of common wheat to all third countries, with the exclusion of Poland, was opened pursuant to Commission Regulation (EC) No 943/2001(5).
(2) Article 7 of Regulation (EC) No 1501/95 allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 15 to 21 June 2001 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 943/2001.
Article 2
This Regulation shall enter into force on 22 June 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 June 2001.
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*****
COMMISSION DECISION
of 5 December 1984
concerning the approval of the programme drawn up pursuant to Council Regulation (EEC) No 619/84 extending the common measure on the acceleration of agricultural development in certain regions of Greece
(Only the Greek text is authentic)
(85/22/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1975/82 of 19 July 1982 on the acceleration of agricultural development in certain regions of Greece (1), and in particular Article 3 thereof,
Having regard to Council Regulation (EEC) No 619/84 of 5 March 1984 extending the common measure provided for in Regulation (EEC) No 1975/82 on the acceleration of agricultural development in certain regions of Greece (2), and in particular Article 4 thereof,
Whereas on 4 September 1984 the Greek Government communicated the programme of work and other activities relating to the development of those rural areas of the country which are not concerned by Regulation (EEC) No 1975/82;
Whereas the said programme contains all those particulars, provisions and measures referred to in Article 2 of Regulation (EEC) No 1975/82 which apply to Regulation (EEC) No 619/84 and are necessary in order to achieve the aims of the said Regulation;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas, under Article 19 of Regulation (EEC) No 1975/82, which applies to the common measure provided for in Regulation (EEC) No 619/84, a procedure has to be established, by agreement with the Greek Government, for periodic reporting on the progress of the development measures;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structures,
HAS ADOPTED THIS DECISION:
Article 1
The programme of work and other activities relating to the development of the Greek rural areas not concerned by Regulation (EEC) No 1975/82, communicated by the Greek Government on 4 September 1984 in accordance with Regulation (EEC) No 619/84, is hereby approved.
Article 2
The Greek Government shall submit before 1 July every year a progress report on the programme referred to in Article 1.
The report shall state:
- the progress made during the previous calendar year as regards the measures provided for in the programme and set out in Article 1 of Regulation (EEC) No 619/84,
- the location of the irrigation work referred to in Article 1 of Regulation (EEC) No 619/84 and the area served by each individual project,
- expenditure incurred during the calendar year concerned accompanied by the proof referred to in Article 20 (1) of Regulation (EEC) No 1975/82, specifying the sources of finance used,
- in the event of failure to implement or complete the measures provided for in the programme, detailed explanations for such failure.
Article 3
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 5 December 1984.
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COMMISSION REGULATION (EC) No 268/2008
of 19 March 2008
fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,
Whereas:
(1)
Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund.
(2)
Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999.
(3)
In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.
(4)
However, in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.
(5)
Article 15(2) of Regulation (EC) No 1043/2005 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex I to Regulation (EC) No 1043/2005 or to assimilated products.
(6)
Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.
(7)
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 (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods.
(8)
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 rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1 of Regulation (EC) No 1255/1999, and exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999, shall be fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 20 March 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2008.
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COMMISSION REGULATION (EC) No 971/2006
of 29 June 2006
amending Regulation (EC) No 2375/2002 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries
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 12(1) thereof,
Whereas:
(1)
The Agreement in the form of an Exchange of Letters between the European Community and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (2), approved by Council Decision 2006/333/EC (3), provides for an increase in the tariff quota for common wheat.
(2)
Commission Regulation (EC) No 2375/2002 (4) opens a Community tariff quota for common wheat of a quality other than high quality. Subquota III for third countries other than the United States and Canada should be increased by 6 787 tonnes in application of the Agreement approved by Decision 2006/333/EC.
(3)
In order to clarify the rules, it should be stipulated that import licence applications must be lodged on Monday at the latest but may be lodged earlier.
(4)
Regulation (EC) No 2375/2002 should therefore be amended.
(5)
Since the Agreement approved by Decision 2006/333/EC provides for implementation on 1 July 2006, this Regulation must apply from the date of its publication in the Official Journal of the European Union.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2375/2002 is hereby amended as follows:
1.
Article 2(1) is replaced by the following:
‘1. A tariff quota of 2 988 387 tonnes of common wheat falling within code 1001 90 99 of a quality other than high quality is hereby opened.’
2.
Article 3 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. The overall tariff quota shall be divided into three subquotas:
-
subquota I (serial number 09.4123): 572 000 tonnes for the United States of America,
-
subquota II (serial number 09.4124): 38 000 tonnes for Canada,
-
subquota III (serial number 09.4125): 2 378 387 tonnes for other third countries.’;
(b)
paragraph 3 is replaced by the following:
‘3. Subquota III shall be divided into four quarterly tranches, each for the following periods and quantities:
(a)
tranche No 1: 1 January to 31 March - 594 597 tonnes;
(b)
tranche No 2: 1 April to 30 June - 594 597 tonnes;
(c)
tranche No 3: 1 July to 30 September - 594 597 tonnes;
(d)
tranche No 4: 1 October to 31 December - 594 597 tonnes.
For 2006, tranche No 3 shall be 597 991 tonnes.’
3.
Article 5 is amended as follows:
(a)
in paragraph 1, the first sentence is replaced by the following:
‘1. Applications for import licences shall be lodged with the competent authorities of the Member States each week no later than Monday at 13.00 (Brussels time).’;
(b)
in the first subparagraph of paragraph 2, the first sentence is replaced by the following:
‘No later than 18.00 Brussels time on the final day for the lodging of licence applications, the competent authorities shall forward to the Commission electronically a notification in accordance with the model given in the Annex and the total quantity for which import licence applications have been submitted.’;
(c)
paragraph 3 is replaced by the following:
‘3. If the combined total of the quantities granted since the start of the period and the quantities referred to in paragraph 2 exceeds the relevant subquota or tranche, the Commission shall fix, no later than the third working day following the final day for the lodging of applications, allocation coefficients to be applied to the quantities requested.’;
(d)
in the first subparagraph of paragraph 4, the first sentence is replaced by the following:
‘On the fourth working day following the final day for the lodging of applications, after applying, where necessary, the allocation coefficients fixed in accordance with paragraph 3, the competent authorities of the Member States shall issue import licences against the applications notified to the Commission in accordance with paragraph 2.’
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 July 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 2006.
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Council Regulation (EC, Euratom) No 2181/2003
of 8 December 2003
concerning transitional measures to be adopted for the reform of the Staff Regulations, in particular with regard to pay and pension
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 283 thereof,
Having regard to Article 13 of the Protocol on the privileges and immunities of the European Communities,
Having regard to the proposal by the Commission submitted after obtaining the opinion of the Staff Regulations Committee,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Court of Justice(2),
Having regard to the opinion of the Court of Auditors(3),
Whereas:
(1) The overhaul of the current Staff Regulations of officials and Conditions of Employment of other servants of the European Communities, which were originally adopted in 1962, has led to the requirement to phase in certain reform measures: the annual adjustment of pay scales on the basis of the current method, a new special levy and a new pension contribution rate are to take effect as from 1 January 2004, by way of transitional measures, while the revised regulation amending the Staff Regulations is to enter into force on 1 May 2004.
(2) On 19 May 2003, the Council adopted guidelines and on 29 September 2003 it approved the report by the Consultation Committee established by the Council decision of 23 June 1981.
(3) The new special levy is introduced to reflect the costs of social policy, improved working conditions and the European Schools.
(4) Article 83(4) of the Staff Regulations provides that a new rate of contribution is to be set where an actuarial assessment of the pension scheme shows contributions by officials to be insufficient to finance one third of the benefits payable thereunder. Such an assessment has shown that the present contributions by officials are insufficient to finance one third of the benefits payable.
(5) Pursuant to Article 65 of the Staff Regulations, the Council is each year to review, and if appropriate adjust, the remuneration of the officials and other servants of the Communities. According to the proposal adopted by the Council, pay scales will be adjusted on the basis of the current method. For this purpose, the period of validity of Annex XI to the Staff Regulations, which ceased to apply on 30 June 2003, is accordingly to be extended,
HAS ADOPTED THIS REGULATION:
Article 1
Article 66a(1) to (5) of the Staff Regulations are replaced by the following:
"1. By way of derogation from Article 3(1) of Regulation (EEC, Euratom, ECSC) No 260/68(4), a temporary measure regarding remuneration paid by the Communities to staff in active employment, to be known as the 'special levy', shall be applied from 1 January 2004.
2. The rate of the special levy, which shall apply to the base defined in paragraph 3, shall be 2,5 %.
3. (a) The base for the special levy shall be the basic salary for the grade and step used to calculate remuneration, minus:
- social security and pension contributions and the tax, before the special levy, payable by an official in the same grade and step without dependants within the meaning of Article 2 of Annex VII, and
- an amount equal to the basic salary of an official in grade D4, step 1.
(b) The components used to determine the base for the special levy shall be expressed in euro and weighted at 100.
4. The special levy shall be deducted monthly at source; the proceeds shall be entered as revenue in the general budget of the European Communities."
Article 2
From 1 January 2004, the contribution rate laid down in Article 83(2) of the Staff Regulations shall be set at 9,25 %. The maximum rate for payments pursuant to Article 42 of the Conditions of Employment of other servants of the European Communities shall be set at 18,5 %.
Article 3
1. In Article 15(1) of Annex XI to the Staff Regulations, the date "30 June 2003" is replaced by "30 June 2004".
2. For 2003, the adjustment of remuneration provided for by Article 65(1) of the Staff Regulations shall take effect, by way of derogation from Article 3(1) of Annex XI to the Staff Regulations, on 1 January 2004.
3. In accordance with the factors provided for in Annex XI to the Staff Regulations, the value of this adjustment shall be 3,4 %.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 8 December 2003 until the date of applicability of the Council Regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities, proposed by the Commission on 18 November 2003, but at the latest until 30 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 December 2003.
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