utterance
stringlengths 594
850k
| label
listlengths 11
11
|
|---|---|
COUNCIL REGULATION (EEC) N 823/87 of 16 March 1987 laying down special provisions relating to quality wines produced in specified regions
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
(1)OJ N C 46, 23. 2. 1987.
Whereas the provisions concerning qualtity wines produced in specified regions, hereinafter called 'quality wines psr', have been amended a number of times since their consolidation by Council Regulation (EEC) N 338/79(2), as last amended by Regulation (EEC) N 539/87(3); whereas, by reason of their number and their dispersal among various issues of the Official Journal of the European Communities, the relevant provisions are difficult to use and lack the clarity which should be an essential feature of all legislation; whereas they should therefore be consolidated afresh;
(2)OJ N L 54, 5. 3. 1979, p. 48.
(3)OJ N L 55, 25. 2. 1987, p. 6.
Whereas Council Regulation (EEC) N 822/87 of 16 March 1987 on the common organization of the market in wine(4) provides for a system which, insofar as its scope is not restricted to other products, applies also to quality wines psr; whereas that system embraces in particular certain common rules on production;
(4)See p. 1 of this Official Journal.
Whereas, in order to maintain a minimum quality standard for quality wines psr, to avoid an uncontrollable extension of the production of such wines and to harmonize the provisions of the Member States so as to establish conditions of fair competition in the Community, a framework of Community rules should be adopted, governing the production and control of quality wines psr, with which the specific provisions adopted by the Member States must comply; whereas similar rules should also be laid down for quality sparkling wines produced in specified regions, hereinafter callied 'quality sparkling wines psr', as referred to in Regulation (EEC) N 358/79(5);
(5)OJ N L 54, 5. 3. 1979, p. 150.
Whereas the development of a policy of encouraging quality production in agriculture and especially in wine growing is bound to contribute to the improvement of conditions on the market and, as result, to an increase in outlets; whereas the adoption of additional common rules in line with Regulation (EEC) N 822/87 which concern the production and control of quality wines psr falls within the framework of this policy and can contribute towards the attainment of these objectives;
Whereas, taking into account traditional conditions of production, the nature and scope of the factors which enable each of the quality wines psr to be distinguished must be listed and defined; whereas a common attempt to harmonize quality requirements must nevertheless be made;
Whereas, in order to ensure that quality wines psr keep their particular quality characteristics, the area of production should be demarcated on the basis of natural criteria; whereas there should be clear demarcation so as to enable the quantity of wine available on the market to be better controlled;
Whereas the choice of vine variety is a decisive factor for the formation of the particular quality characteristics of each of the quality wines psr; whereas, in order to develop these characteristics, Member States should stipulate what vine varieties are to be grown, drawing up a list of varieties for each of the wines; whereas, having regard to customs in wine-growing, these lists should be restricted to varieties of the species Vitis vinifera in the recommended or authorized categories; whereas provision should be made, however, for a Community procedure for revising the rules for drawing up the lists in question to take account of scientific progress without reducing the quality level of the wines thus obtained;
Whereas, in order to ensure that the removal of a vine variety from the categories of recommended or authorized vine varieties does not give rise to a loss in income without a transitional period for producers cultivating such a variety, the grapes obtained from that variety should be allowed to be used for producing a quality wine psr during a given period, provided that such grapes have been used legally for such a purpose before the change in category of the variety in question;
Whereas Member States should be able to prescribe certain practices in wine-growing aimed at exerting a favourable influence on the quality of quality wines psr and preventing excessive yields; whereas, in this context, it should be laid down that irrigation may not be carried out without the authorization of the Member State; whereas such authorization may be granted only in exceptional ecological conditions;
Whereas a policy geared to the development of the particular quality characteristics of each quality wine psr involves measures to ensure the authenticity of the grapes after harvesting and during the wine-making process; whereas, similarly, the use of a geographical name to describe a quality wine should indicate, on the one hand, the area of production of the grapes from which the wine was made and, on the other hand, a set of growing and oenological practices which may have been followed; whereas it should therefore be laid down that quality wines psr and quality sparkling wines psr must be made, save where exceptions are granted, within the specified region whose name the wine in question bears;
Whereas the natural alcoholic strength by volume of grapes at the time of harvest is a factor in assessing their degree of ripeness; whereas it appears necessary to fix the minimum natural alcoholic strength by volume of quality wines psr in the various wine-growing regions at a level such as to ensure, even in poor years, that the grapes used in their manufacture have reached a satisfactory degree of ripeness;
Whereas, as regards the development of the particular quality characteristics of each quality wine psr, Member States should be given a certain amount of freedom to specify the wine-making and preparation methods for each wine within the framework of the oenological practices permitted in the Community; whereas, however, in view of the need to maintain a certain standard of quality and avoid distortions of competition between the various specified regions, certain conditions should be laid down at Community level with which Member States must comply when laying down rules for enrichment, acidification, deacidification and sweetening;
Whereas it may prove necessary, in some years, to permit the enrichment of products suitable for the production of a quality wine psr or a quality sparkling wine psr; whereas, consequently, the exceptional enrichment of table wines which is provided for in Article 18 (2) of Regulation (EEC) N 822/87 should be dissociated from that of quality wines psr and quality sparkling wines psr as regards the possibility of authorizing it in the wine-growing area concerned;
Whereas, in order to preserve as far as possible the specific character bestowed by its origin on each quality wine psr and to simplify the work of the inspection agencies, such wine may, except in certain cases to be determined, be sweetened only within the specified region in question and solely by means of a product originating in the same region in accordance with rules to be laid down within certain limits by Member States;
Whereas, in order to maintain the quality standard of the wines in question and to avoid excessive yields liable to disrupt the market, Member States should fix a maximum yield per hectare for each quality wine psr; whereas adjustments to those yields should be permitted, to take account of the influence of natural conditions varying from one year to the next on the degree of ripeness of the grapes; whereas, to ensure that the yield per hectare is observed, it should be laid down that, save where exceptions are made, the designation claimed may not be used for products obtained in excess of the permitted yield;
Whereas, to encourage producers to keep a constant watch on the quality of quality wines psr, and in particular the development of their special characteristics, it should be laid down that such wine is to be subjected to an analytical test and to an organoleptic test; whereas, in order to ensure uniform application of the provisions relating to quality wines psr, provision should be made for the possibility of establishing methods of analysis to deal with specific cases;
Whereas, in order protect producers from unfair competition and consumers from error and fraud, the terms 'quality wine produced in a specified region' and 'quality sparkling wine produced in a specified region' should be reserved for wines which comply with Community provisions, although the use of traditional specific designations in accordance with the provisions of the producer Member States should be permitted; whereas a list of such traditional specific designations should be drawn up so that they are known in all Member States;
Whereas, since the rules governing production of each quality wine psr are likely to have a favourable influence on the commercial value of those wines as compared with other wines which have been obtained without the rules in question being observed, the use of the name of the specified region should be reserved for the designation of the quality wine psr in question;
Whereas the marketing of beverages not covered by the wine sector and of certain basic raw materials used to produce these beverages under names normally used to designate wines is liable to mislead the consumer as to the nature and origin of the product thus described and to injure the interests of wine producers;
Whereas, with a view to informing consumers correctly and providing appropriate protection for the legitimate interests of wine producers, it is necessary to make explicit the prohibition on the - even indirect - use of such names to describe an item falling within heading N 22.07 of the Common Customs Tariff or an item marketed with clear instructions for the consumer to obtain from it a beverage in imitation of wine (home-made wine) and to permit direct or indirect use of such names for other beverages only where any risk of confusion as to the nature, origin, source or composition of the beverage in question is ruled out;
Whereas wines suitable for yielding quality wines psr and quality wines psr should be entered separately in the harvest and stock declarations as they are not covered by the measures to stabilize the market;
Whereas, in order to preserve the particular quality characteristics of quality wines psr, Member States should be allowed to apply additional or more stringent rules governing the production and movement of quality wines psr, in accordance with fair and traditional practices,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down special provisions for quality wines produced in specified regions.
Quality wines psr shall mean wines which satisfy the provisions of this Regulation and the national rules adopted pursuant thereto. The list of quality wines psr adopted by the Member States pursuant to the provisions of this Regulation shall be published in the 'C' series of the Official Journal of the European Communities. 'Quality sparkling wines psr' shall mean quality wines psr which comply with the definition in point 15 of Annex I to Regulation (EEC) N 822/87, with Titles I and III of Regulation (EEC) N 358/79 and with this Regulation.
Article 2
1. The provisions referred to in the first paragraph of Article 1 shall, taking into account the traditional conditions of production insofar as these are not such as to prejudice the policy of encouraging quality production and the creation of a single market, be based on the following factors:
(a)demarcation of the area of production;
(b)vine varieties;
(c)cultivation methods;
(d)wine-making methods;
(e)minimum natural alcoholic strength by volume;
(f)yield per hectare;
(g)analysis and assessment of organoleptic characteristics.
2. In addition to the factors listed in paragraph 1 and taking into account fair and traditional practices, Member States may determine such other conditions of production and characteristics as shall be obligatory for quality wines psr.
Article 3
1. 'Specified region' shall mean a wine-growing area or combination of wine-growing areas which produces wine possessing special quality characteristics and whose name is used to designate those of its wines which are defined in Article 1.
2. Each specified region shall be precisely demarcated, as far as possible on the basis of the individual vineyard or vineyard plot. Such demarcation shall be effected by each Member State concerned and shall take into account the factors which contribute towards the quality of the wines produced in those regions, such as the nature of the soil and subsoil, the climate and the situation of the individual vineyard or vineyard plot.
Article 4
1 Each Member State shall draw up a list of vine varieties suitable for producing each of the quality wines psr produced in its territory, these varieties being only of the species Vitis vinifera and must belong to the recommended or authorized categories referred to in Article 13 of Regulation (EEC) N 822/87.
Quality sparkling wines psr of the aromatic type may be obtained only from the varieties of vine listed in the Annex to Regulation (EEC) N 358/79, provided the latter are acknowledged as suitable for yielding quality wines psr in the specified region whose name the wines bear.
2. The provisions of paragraph 1 may be revised later by the Council, acting by a qualified majority on a proposal from the Commission.
3. Vine varieties which do not appear on the list referred to in paragraph 1 shall be removed from the vineyards or vineyard plots intended for the production of quality wine psr. However, notwithstanding the foregoing subparagraph, the presence of a vine variety which does not appear on the list may be permitted by Member States for a period of three years from the date on which the demarcation of a specified region comes into effect, where the said demarcation was made after 31 December 1979, provided that such vine variety belongs to the species Vitis vinifera and that it does not represent more than 20 % of the vine varieties on the vineyard or vineyard plot involved.
4. At the latest by the end of the period laid down in paragraph 3, any vineyard or vineyard plot intended for the production of quality wines psr may consist only of vine varieties appearing on the list provided for in paragraph 1. Where this provision is not observed, none of the wines obtained from grapes harvested within the vineyard or vineyard plot shall be entitled to the designation 'quality wine psr'.
Article 5
Each Member State concerned shall lay down the provisions regarding wine-growing methods which are required in order to ensure the best possible quality for quality wines psr.
Irrigation within a wine-growing zone may be carried out only to the extent that the Member State concerned authorized it. Such authorization may be granted only where ecological conditions justify it.
Article 6
1.(a)Quality wines psr may be obtained only from grapes of vine varieties which appear on the list provided for in Article 4 (1), harvested within the specified region.
The foregoing subparagraph shall not prevent quality wines psr from being obtained under the conditions specified in Article 4 (3) or produced according to tradional practices.
(b)Any natural or legal person or group of persons who has both grapes or musts which satisfy the conditions laid down for obtaining quality wines psr and other grapes or musts shall ensure a separate wine-making process for the former; otherwise, the wine obtained may not be considered as quality wine psr.
2. The processing of grapes as referred to in para- graph 1 (a) into must and of must into wine shall be carried out within the specified region where the grapes were harvested. The preparation of a quality sparkling wine psr shall take place only within the specified region referred to in the foregoing subparagraph. However, the operations referred to in the first and second subparagraphs may take place outside the specified region, where:
(a)the rules of the Member State in whose territory the grapes were harvested permit; and
(b)production is supervised.
3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87.They shall include in particular:
-the provisions under which Member States may authorize derogations from the rule which lays down that the processing of grapes into must and of must into wine should take place within th specified region,
-the list of quality wines psr which may be produced according to the traditional practices referred to in paragraph 1.
Article 7
1. Each Member State shall fix a minimum natural alcoholic strength by volume for each of the quality wines psr obtained in its territory. When this natural alcoholic strength by volume is being determined, account shall be taken in particular of the alcoholic strengths which have been recorded over the ten preceding years. Only harvests of satisfactory quality from the most representative soils of the specified region shall be considered.
2. Except where otherwise decided in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87, the alcoholic strengths referred to in paragraph 1 may not be less than:
-6,5 % vol in zone A with the exception of the specified regions 'Mosel-Saar-Ruwer', 'Ahr', 'Mittelrhein' and 'Moselle luxembourgeoise' in which the said alcoholic strength shall be 6 % vol,
-7,5 % vol in zone B,
-8,5 % vol in zone C I a),
-9 % vol in zone C I b),
-9,5 % vol in zone C II,
-10 % vol in zones C III.
The zones referred to in the preceding subparagraph shall be those defined in Annex IV to Regulation (EEC) N 822/87.
Article 8
1. The specific wine-making and preparation methods used for obtaining quality wines psr and quality sparkling wines psr shall be laid down for each of those wines by each producer Member State concerned.
2. Where weather conditions have made it necessary in one of the wine-growing zones referred to in Article 7, the Member States concerned may permit an increase in the (actual or potential) natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine suitable for yielding quality wine psr. This increase may not exceed the limits laid down in the third subparagraph of Article 18 (1) of Regulation (EEC) N 822/87. In years when weather conditions have been exceptionally unfavourable, the increase in alcoholic strength provided for in the first subparagraph may, in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87, attain the limits laid down in Article 18 (2) of that Regulation. Such authorization shall not prejudice the possibility of a similar authorization for table wines as provided for in that paragraph. The increase provided for in this pargaraph may be effected only in accordance with the methods and conditions mentioned in Article 19 of Regulation (EEC) N 822/87, except for paragraph 6 thereof.
3. Article 5 of Regulation (EEC) N 358/79 shall apply as regards the enrichment of cuvées intended for the preparation of quality sparkling wines psr.
4. The total alcoholic strength by volume of quality wines psr shall not be less than 9 % vol. However, for certain white quality wines psr that have undergone no enrichment, the minimum total alcoholic strength shall be 8,5 % vol. The actual alcoholic strength by volume of quality sparkling wines psr. including the alcohol contained in any expedition liqueur added, shall not be less than 10 % vol. However, for quality sparkling wines psr of the aromatic type, the minimum actual alcoholic strength by volume shall be 6 % vol.
5. The total alcoholic strength by volume of cuvées intended for the preparation of quality sparkling wines psr shall not be less than 9,5 % vol in wine-growing zones C III and 9 % vol in the other wine-growing zones. However, cuvées intended for the preparation of certain quality sparkling wines psr whose designation refers to a variety of vine may have a total alcoholic strength by volume below that stipulated in the preceding subparagraph in respect of the wine-growing zone concerned.
6. The following shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87:
-a list of the quality wines psr referred to in the second sentence of the first subparagraph of paragaraph 4,
-a list of the quality sparkling wines psr referred to in the second subparagraph of paragraph 5 and the minimum total alcoholic strength by volume of their respective cuvées.
Article 9
1. The conditions and limits for the acidification and deacidification of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine, and the procedure for granting authorizations and derogations, shall be those laid down in Article 21 of Regulation (EEC) N 822/87.
Article 5 of Regulation (EEC) N 358/79 shall apply as regards the acidification and deacidification of cuvées intended for the preparation of quality sparkling wines psr.
2. The sweetening of a quality wine psr may be authorized by a Member State only if it is carried out:
-in compliance with the conditions and limits laid down in Article 22 of Regulation (EEC) N 822/87,
-within the specified region in which the wine was produced, or within a region bordering directly on it, except in certain cases to be determined,
-using grape must or concentrated grape must originating in the same specified region as the wine in question, provided that the concentrated grape must has been notified in accordance with the first subparagraph of Article 23 (2) of Regulation (EEC) N 822/87. The regions bordering directly on the specified region and the exceptions referred to in the preceding subparagraph shall be determined in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87.
Article 10
Each of the enrichment, acidification and deacidification operations referred to in Articles 8 and 9 (1) shall be authorized only if carried out under the conditions laid down in Article 23 of Regulation (EEC) N 822/87.
Subject to the provisions of the third subparagraph of Article 6 (2), such operations may be carried out only in the specified region where the fresh grapes used were harvested.
Article 11
1. A yield per hectare expressed in quantities of grapes, of grape must or of wine shall be fixed for each quality wine psr by the Member State concerned.
When this yield is being fixed, account shall be taken in particular of the yields obtained over the preceding ten years. Only harvests of satisfactory quality from the most representative soils of the specified region shall be considered.
The yield per hectare may be fixed at different levels for the same quality wine psr depending on:
-the sub-region, local administrative area or part thereof, and
-the vine variety or varieties,
from which the grapes used are derived.
The yield so fixed may be adjusted by the Member State concerned.
2. Use of the designation claimed shall be prohibited for the entire harvest if the yield referred to in paragraph 1 is exceeded, save where derogations are provided for, on a general or individual basis, by Member Sates under conditions which they shall lay down, if appropriate, according to wine-growing area; these conditions shall relate in particular to the use to which the wines or products in question are to be put.
Article 12
1. For the tirage liqueur used in preparing a quality sparkling wine psr. only the following may be used in addition to yeast and sucrose:
-grape must,
-grape must still in fermentation,
-wine,
-quality wine psr,
suitable for yielding the same quality sparkling wine psr as that to which the tirage liqueur is added.
2. Nowithstanding point 15 of Annex I to Regulation (EEC) N 822/87, when kept at a temperature of 20 C in closed containers, quality sparkling wines psr shall have a minimum excess pressure of 3,5 bar.
However, for quality sparkling wines psr kept in containers of a capacity of less than 25 cl and for quality sparkling wines psr of the aromatic type, the minimum excess pressure shall be 3 bar.
3. For quality sparkling wines psr produced in Italy whose preparation began between 1 September 1983 and 31 December 1984, the duration of the preparation process may be less than nine months but not less than six months, provided that the quality sparkling wine psr in question was defined by national rules adopted before 1 September 1981.
4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87.
Article 13
1. Producers shall be obliged to submit wines which are liable to be designated 'quality wine psr' to an analytical test and to an organoleptic test.
(a)The analytical test shall at least measure the factors enabling the quality wine psr in question to be distinguished, as listed in Annex I. The upper and lower limits for such factors shall be laid down by the producer Member State in respect of each quality wine psr.
(b)The organoleptic test shall relate to colour, clarity, smell and taste.
2. Until appropriate provisions relating to their systematic and general application are adopted by the Council acting by a qualified majority on a proposal from the Commission, the tests provided for in paragraph 1 may be carried out on samples by the competent agency designated by each of the Member States.
3. Where this Regulation requires for its implementation the use of methods of analysis other than those referred to in Article 74 of Regulation (EEC) N 822/87, such methods shall be adopted in accordance with the procedure laid down in Article 83 of that Regulation.
4. Detailed rules for the application of paragraph 1, in particular as regards the use to be made of wines which do not satisfy the requirements of the tests in question and the conditions governing such use, shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87.
Article 14
1. Quality sparkling wines psr may be put on the market only on condition that the name of the specified region to which they are entitled is marked on the cork and that the bottle carries a label from the time it leaves the place of preparation. However, as regards labelling, exceptions may be permitted provided that appropriate controls are ensured.
2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) N 822/87.
Article 15
1. The Community term 'quality wine psr', or any specific term traditionally used in Member States to designate particular wines, may be used only for wines which comply with the provisions of this Regulation and with those provisions adopted pursuant thereto.
2. Without prejudice to any additional terms which may be allowed by national laws, and subject to national provisions on the wines in question being observed, the specific terms traditionally used which are referred to in paragraph 1 shall be the following:
(a)Federal Republic of Germany:
an indication of the origin of the wine, accompanied by the terms 'Qualitaetswein' or 'Qualitaetswein mit Praedikat', together with one of the following terms: 'Kabinett', 'Spaetlese', 'Auslese', 'Beerenauslese', 'Trockenbeerenauslese' or 'Eiswein';
(b)France:
'Appellation d'origine contrôlée', 'Appellation contrôlée', 'Champagne' and 'Appellation d'origine vin délimité de qualité supérieure';
(c)Italy:
'Denominazione di origine controllata' and 'Denominazione di origine controllata e garantita';
(d)Luxembourg:
'Marque nationale du vin luxembourgeois';
(e)Greece:
'Ïíïìáóßá ðñïåëåýóåùò åëåã÷ïìÝíç (appelation d'origine contrôlée)'
and
'Ïíïìáóßá ðñïåëåýóåùò áíùôÝñáò ðïéüôçôïò (appelation d'origine de qualité supérieure';
(f) Spain:
"Denominación de origen" and "Denominación de origen calificada;
(g) Portugal, from the start of the second stage:
'Denominação de origem', 'Denominação de origem controlada' and 'Indicaçao de proveniéncia regulamentada'.
3. The Community term 'quality sparkling wine psr' or any equivalent traditional specific term may be used only for quality sparkling wines psr.
A quality sparkling wine which has undergone the process of secondary fermentation outside a specified region may bear the name of that region only:
- if the conditions set out in the third subparagraph of Article 6 (2) are fulfilled, and
- if such a designation is allowed under the laws of the Member State in whose territory the grapes were harvested.
4. The name of a specified region may be used to describe a wine only if it is a quality wine psr.
However, the Council, acting by a qualified majority on a proposal from the Commission, may authorize, for a transitional period which expires on 31 August 1991, the use, subject to conditions to be determined, of the names of certain specified regions to describe table wines for which such names are traditionally used.
5. The following may be used for the description and presentation of a beverage other than a wine or grape must only if there is no risk of confusion as to the nature, origin or source and composition of such beverage:
- the name of a specified region as referred to in Article 3 included on the list drawn up pursuant to the third subparapraph of Article 1 with respect to quality wines psr of the Community as constituted on 1 January 1981,
- the name of a vine variety as referred to in Article 4,
- a traditional specific term referred to in paragraph 2,
or
- provided that they are attributed by a Member State for the description of a wine under the Community provisions adopted pursuant to Article 72 (1) of Regulation (EEC) No 822/87:
- the name of a geographical unit which is smaller than the specified region, or
- an additional traditional term.
The use of a name or a term as referred to in the first subparagraph or of the words 'Hock', 'Claret', Liebfrauenmilch', 'Liebfraumilch', even when accompanied by any word such as 'kind', 'style', 'imitation' or other similar expression, shall be prohibited with respect to the description and presentation of:
- an item falling within heading No 22.07 of the Common Customs Tariff, except where the item in question actually comes from the place so designated,
- an item marketed with clear instructions for the consumer to obtain from it a beverage in imitation of wine (home-made wine); however, the name of a vine variety may be used if the item in question is actually obtained from such variety unless that name gives rise to confusion with the name of a specified region or geographical unit used to describe a quality wine psr.
6. In relation to paragraph 5, transitional provisions may be laid down in respect of
- the placing on the market of products whose description and presentation do not conform to the provisions of paragraph 5,
- the use of stocks of labels and labelling accessories printed before 1 March 1980.
7. A quality wine psr shall be marketed under the name of the specified region granted it by the producer Member State.
No wine which satisfies the provisions of this Regulation and those provisions adopted pursuant thereto may be marketed without the term 'quality wine psr' or one of the specific terms traditionally used which are referred to in paragraphs 1 and 2. However a quality sparkling wine psr may not be marketed without the term 'quality sparkling wine psr' or an equivalent traditional specific term as referred to in paragraph 3.
The term 'quality wine psr' or 'quality wine psr' or 'quality sparkling wine psr', whichever is appropriate, together with the name of the specified region concerned must appear on the accompanying document referred to in Article 71 (1) of Regulation (EEC) No 822/87.
8. The downgrading of a quality wine psr may be effected at the production stage under conditions laid down by national rules; it may be effected at the marketing stage only where the properties of the quality wine psr in question have deteriorated or altered as a result of a change noted during maturing, storage or transport.
9. Detailed rules for the application of this Article, in particular as regards the use to be made of downgraded quality wines psr and the conditions governing such use, shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) No 822/87
Article 16
1. Each Member State shall be responsible for the control and protection of the quality wines psr marketed in accordance with this Regulation.
2. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) No 822/87.
Article 17
1. The quantities of quality wines psr, and of grapes, musts and wines suitable for yielding quality wines psr, shall be declared separately in the harvest and stock declarations provided for in pursuance of Article 3 (1), (2) and (3) of Regulation (EEC) No 822/87.
2. Detailed rules for the application of this Articles shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) No 822/87.
Article 18
In addition to the provisions laid down in this Regulation, producer Member States may, taking into account fair and traditional practices, lay down any additional or more stringent characteristics or conditions of production and movement in respect of the quality wines produced in specified regions within their territory.
They may, in particular, impose limits on the maximum residual sugar content of a quality wine psr, especially as regards the ratio between the actual alcoholic strength by volume and the residual sugar.
Article 19
Member States and the Commission shall communicate to each other the information necessary for implementing this Regulation.
Detailed rules for the communication and distribution of such information shall be adopted in accordance with the procedure laid down in Article 83 of Regulation (EEC) No 822/87.
Article 20
1. Regulation (EEC) No 338/79 is hereby repealed.
2. References to the Regulation repealed under paragraph 1 shall be construed as references to this Regulation. References to the Articles of the repealed Regulation should be read in accordance with the correlation table in Annex II.
Article 21
This Regulation shall enter into force on 1 April 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 March 1987.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COUNCIL DIRECTIVE of 19 December 1974 amending for the second time Directive No 73/241/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption (74/644/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Whereas Council Directive No 74/411/EEC (1) extended until 1 January 1975 the time limit for amending national laws in accordance with the provisions of Council Directive No 73/241/EEC (2) of 24 July 1973 on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption;
Whereas this extension was granted in order to enable the Council to introduce, on a proposal from the Commission, certain clarifications to Directive No 73/241/EEC;
Whereas the new period fixed by Directive No 74/411/EEC has proved too short and should be extended by six months,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In the first sentence of the first paragraph of Article 15 of Directive No 73/241/EEC, as amended by Directive No 74/411/EEC, "1 January 1975" is replaced by "1 July 1975".
Article 2
This Directive is addressed to the Member States.
Done at Brussels, 19 December 1974.
|
[
1,
0,
0,
0,
0,
0,
0,
0,
0,
0,
0
] |
*****
COUNCIL REGULATION (EEC) No 2244/89
of 24 July 1989
amending Regulation (EEC) No 354/79 laying down general rules for the import of wines, grape juice and grape must
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 (EEC) No 1236/89 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Article 1 (2) and the second subparagraph of Article 1 (a) of Regulation (EEC) No 354/79 (1), as last amended by Regulation (EEC) No 222/89 (2), sets out the import facilities for wine products originating in third countries which offer specific guarantees through the provision of a certificate of origin and conformity as well as an analysis report; whereas Article 1 (b) (2) of the said Regulation limits the said facilities to a trial period expiring on 31 July 1989; whereas, taking into account the time necessary to examine the implementation of a future regime, it would be appropriate to extend by five months the period cited above,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1 (b) (2) of Regulation (EEC) No 354/79 is hereby replaced by the following:
'2. The provisions referred to in Article 1 (2) and the second subparagraph of Article 1 (a) shall apply from 1 January 1986 to 31 December 1989.'
Article 2
This Regulation shall enter into force on 1 August 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1989.
|
[
0,
0,
0,
1,
0,
1,
0,
1,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 2185/97 of 3 November 1997 amending Regulation (EC) No 1959/97 concerning the stopping of fishing for horse mackerel by vessels flying the flag of a Member State except Spain, Portugal, Germany and the Netherlands
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council (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 686/97 (2), and in particular Article 21 (3) thereof,
Whereas Commission Regulation (EC) No 1959/97 (3) stops fishing for horse mackerel by vessels flying the flag of a Member State except Spain, Portugal, Germany and the Netherlands;
Whereas on 17 October 1997 Spain transferred to France 4 000 tonnes of horse mackerel and on 21 October 1997 to Ireland 1 650 tonnes of horse mackerel in the waters of ICES divisions V b (EC zone), VI, VII, VIII a, b, d and e, XII and XIV; whereas fishing for horse mackerel in the waters of ICES divisions V b (EC zone), VI, VII, VIII a, b, d and e, XII and XIV by vessels flying the flag of France and Ireland or registered in France or Ireland must therefore the authorized;
Whereas the present state of uptake of the horse mackerel quota allocated to Spain in the waters of ICES divisions V b (EC zone), VI, VII, VIII a, b, d and e, XII and XIV means that the quota transfers in question may be made;
Whereas Regulation (EC) No 1959/97 should therefore be amended,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1959/97 is hereby amended as follows:
1. in the title of Regulation (EC) No 1959/97, after '. . .Germany`, 'France, Ireland` is inserted;
2. the second paragraph of Article 1 is replaced by the following:
'Fishing for horse mackerel in the waters of ICES divisions V b (EC zone), VI, VII, VIII a, b, d and e, XII and XIV by vessels flying the flag of a Member State except Spain, Portugal, Germany, France, Ireland and the Netherlands or registered in a Member State except Spain, Portugal, Germany, France, Ireland and the Netherlands is prohibited, as well as the retention on board, transhipment and landing of fish from the stock which are taken by the above vessels after the date of entry into force of this Regulation.`
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 November 1997.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
1,
0,
0
] |
COMMISSION DECISION of 8 September 1995 on the Community's financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 1995 (Only the French text is authentic) (95/382/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3763/91 of 16 December 1991 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments (1), as amended by Commission Regulation (EEC) No 3714/92 (2), and in particular the first subparagraph of Article 11 (3) thereof,
Whereas Commission Decision 93/522/EEC (3) defines what measures are eligible for Community financing as regards programmes for the control of organisms harmful to plants and plant products in the French overseas departments, the Azores and Madeira;
Whereas the specific agricultural production conditions in the French overseas departments call for particular attention; whereas action must be taken or reinforced as regards crop production, and in particular in its phytosanitary aspects;
Whereas the action to be taken or reinforced in phytosanitary matters is exceptionally costly;
Whereas the action programme has been presented to the Commission by the relevant French authorities; whereas this programme specifies the objectives to be achieved, the measures to be carried out, their duration and their cost so that the Community may, in appropriate circumstances, contribute to their financing;
Whereas the Community's financial contribution may cover up to 60 % of eligible expenditure, protective measures for bananas being excluded;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The Community's financial contribution to the official programme for the control of organisms harmful to plants and plant products in the French overseas departments presented by France for 1995 is hereby approved.
Article 2
The official programme is made up of four sub-programmes:
1. a sub-programme drawn up for the department of Guadeloupe in five parts:
- reinforcement of the work of the FDGDCEC (Departmental Federation of Crop Protection Groups),
- control of yam anthracnose,
- a fruit fly survey,
- reinforcement of an agricultural information network,
- pest risk assessment and establishment of flower quarantine facilities;
2. a sub-programme drawn up for the department of Guyana in four parts:
- reinforcement of the work of the FDGDCEC (Department Federation of Crop Protection Groups),
- reinforcement of analysis and diagnosis structures,
- put in place a strategy for the integrated control of fruit flies,
- a study on harmful organisms on rice.
3. a sub-programme for the department of Reunion in three parts:
- the establishment of a phytosanitary analysis unit,
- reinforcement of the resources of the FDGDCEC (Departmental Federation of Crop Protection Groups),
- a survey on fruit fly control;
4. a sub-programme for the department of Martinique in three parts:
- development of detection methods for harmful organisms,
- development of integrated control in market gardens,
- reinforcement of the resources of the FDGDCEC (Department Federation of Crop Protection Groups).
Article 3
The Community contribution to financing the programme is limited for 1995 to ECU 950 000 for expenditure related to eligible measures as defined by Decision 93/522/EEC out of a total expenditure of ECU 1 674 855 (VAT excluded).
The schedule of programme costs and their financing is set out as Annex I to this Decision. Should the total eligible expenditure for 1995, as presented by France, be less than the anticipated amount of ECU 1 674 855, the Community's contribution shall be reduced proportionately.
The Community reimbursement shall be effected up to the amount indicated in the first paragraph, at the rate of the ecu as at 1 June 1995, namely ECU 1 = FF 6,56833.
Article 4
An advance of ECU 190 000 shall be paid to France.
Article 5
The Community assistance shall relate to the eligible measures associated with the operations covered by the programme set up in France by provisions for which the necessary financial resources have been committed between 1 October and 31 December 1995. The final date for payments in connection with the operations shall be 30 September 1996, and any non-compliance without justification of delay shall entail loss of entitlement to Community financing.
Article 6
Provisions for the financial implementation of the programme, provisions on compliance with Community policies and the information to be supplied to the Commission by France are set out in Annex II.
Article 7
Any public contracts in connection with investments covered by the programme referred to in this Decision shall be governed by Community law and in particular by the Directives coordinating procedures for awarding public works and supply contracts, and by Articles 30, 52 and 59 of the Treaty.
Article 8
This Decision is addressed to the French Republic.
Done at Brussels, 8 September 1995.
|
[
0,
0,
0,
0,
1,
0,
1,
0,
0,
0,
0
] |
COUNCIL REGULATION (EC) No 2633/97 of 18 December 1997 modifying Regulation (EC) No 702/97 opening and providing for the administration of autonomous Community Tariff quotas for certain fishery products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas, by Regulation (EC) No 702/97 (1), the Council opened autonomous tariff quotas for cod (order number 09.2753) and for surimi (order number 09.2779);
Whereas their quotas amounts are insufficient to meet the needs of the Community industry; whereas, consequently, these quotas amounts should be increased,
HAS ADOPTED THIS REGULATION:
Article 1
For the quota period from 1 April to 31 December 1997, the Annex to Regulation (EC) No 702/97 is hereby amended as follows:
- order number 09.2753: the amount of the tariff quota shall be altered to 52 500 tonnes,
- order number 09.2779: the amount of the tariff quota shall be altered to 8 000 tonnes.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1997.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 944/2005
of 21 June 2005
suspending the application of certain provisions of Regulation (EC) No 331/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),
Having regard to Commission Regulation (EC) No 331/2005 of 25 February 2005 determining the aid referred to in Council Regulation (EC) No 1255/1999 for the private storage of butter and cream and derogating from Regulation (EC) No 2771/1999 (2), and in particular Article 1(3) thereof,
Whereas:
(1)
The applications for private storage contracts, provided for in Article 1(1)(b) of Regulation (EC) No 331/2005, have reached 110 000 tonnes.
(2)
Since this condition is met, the application of Article 1(1)(b) and (2) of that Regulation has to be suspended,
HAS ADOPTED THIS REGULATION:
Article 1
The application of Article 1(1)(b) and (2) of Regulation (EC) No 331/2005 is suspended as from 23 June 2005.
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, 21 June 2005.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COUNCIL DECISION of 16 December 1991 granting a medium-term loan to the Soviet Union and its constituent Republics (91/658/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas bilateral links between the Community and the Soviet Union (USSR) were strengthened by the cooperation agreement which entered into force on 1 April 1990;
Whereas the Community wishes to support the efforts of the USSR and its constituent Republics to bring about political reform and economic restructuring;
Whereas the USSR and its constituent Republics are facing a critical economic and financial situation;
Whereas the Soviet authorities have asked the European Community, the United States of America, Japan, Canada and other industrialized countries for financial assistance to underpin the development of democratic processes within the USSR and its constituent Republics and to help the country face up to the worsening food and medical situation;
Whereas the Soviet authorities have supplied adequate information on their needs in these areas;
Whereas the granting by the Community of a medium-term loan of ECU 1 250 million to the USSR and its constituent Republics is an appropriate means of providing food and medical aid and supporting the continuation of the economic reforms;
Whereas the assistance granted pursuant to this Decision is in addition to that already committed in the form of food aid to the USSR (food aid amounting to ECU 250 million and a credit guarantee of ECU 500 million for exports of agricultural and food products);
Whereas it is appropraite that the Community, in applying this Decision, should ensure balanced distribution between the Republics in accordance with their actual needs and that traditional trading links between the Republics are not disrupted;
Whereas Community assistance to the USSR and its constituent Republics forms part of an overall package which should be based on balanced contributions by the main industrialized countries;
Whereas provision should be made for measures to ensure that, while not compromising the normal conditions of supply according to the rules of the market, the Community loan is used to finance imports of agricultural and food products and medical supplies originating in the Community and in Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Lithuania, Latvia, Estonia and Yugoslavia in so far as these countries are able to supply them;
Whereas exports financed pursuant to this Decision may help to restore trade between the countries of central and eastern Europe and between those countries and the USSR on the basis of transactions being paid for in convertible currencies;
Whereas the question of the risks associated with guarantees from the general budget of the European Communities will be examined in the context of the renewal in 1992 of the interinstitutional agreement on budgetary discipline and improvement of the budgetary procedure;
Whereas the Community loan should be managed by the Commission;
Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,
HAS DECIDED AS FOLLOWS:
Article 1
1. The Community shall grant to the USSR and its constituent Republics a medium-term loan of not more than ECU 1 250 million in principal, in three successive instalments and for a maximum duration of three years, in order to enable agricultural and food products and medical supplies originating in the Community, Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Lithuania, Latvia, Estonia and Yugoslavia to be imported.
2. The overall proportion of the loan used to finance imports originating in Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Lithuania, Latvia, Estonia and Yugoslavia shall be 50 %, subject to the export capacities of these countries.
Article 2
For the purposes of Article 1, the Commission is hereby empowered to borrow, on behalf of the European Economic Community, the necessary resources that will be placed at the disposal of the USSR and its constituent Republics in the form of a loan.
Article 3
The loan referred to in Article 2 shall be managed by the Commission.
Article 4
1. The Community is hereby empowered to finalize, in concert with the authorities of the USSR and its constituent Republics and in consultation with the committee referred to in Article 6 and, for financial issues, with the Monetary Committee, the economic and financial conditions to be attached to the loan, the rules governing the provision of funds and the necessary guarantees to ensure loan repayment.
2. The economic conditions shall in particular relate to the pursuit of a process of economic reforms in the agri-foodstuffs industry and markets in the USSR and its constituent Republics and especially to aspects linked to product distribution.
3. Imports of products financed by the loan shall be effected at world market prices. Free competition shall be guaranteed for the purchase and supply of products, which shall meet internationally recognized standards of quality.
4. The other detailed rules relating to the purchase, receipt, transport and distribution of products from the Community, the importation of which is financed by the loan, shall be adopted in accordance with the procedure set out in Article 6 (2) on the basis of the results of the contacts between the Commission and the authorities of the USSR and its constituent Republics.
5. The Commission shall keep the committee referred to in Article 6 regularly informed of the flow of imports into the USSR and its constituent Republics from Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Lithuania, Latvia, Estonia and Yugoslavia.
6. In administering the loan, the Commission shall ensure balanced distribution between the Republics in accordance with their actual needs. The Commission shall also avoid disrupting traditional trading links between the Republics.
7. The Commission will monitor the correct consignment of supplies at final beneficiary level, regardless of the origin of the products.
Article 5
The Commission shall, in liaison with the committee referred to in Article 6 and with the Monetary Committee, verify at regular intervals that the loan conditions referred to in Article 4 are being fulfilled.
Article 6
1. The Commission shall be assisted in matters falling within Articles 3 and 4 by a committee made up of representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event:
- the Commission shall defer application of the measures which it has decided for a period of two months from the date of communication,
- the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the first indent.
Article 7
The loan shall be made available to the USSR and its constituent Republics in three successive instalments, in accordance with Article 1 and subject to Article 5.
The initial instalment shall be released as soon as the borrowing operations have been concluded.
The USSR and its constituent Republics shall be responsible for repayment of the principal and interest on the basis of the procedures laid down in Article 4 (1).
Article 8
1. The borrowing and lending operations referred to in Articles 1 and 2 shall be carried out using the same value date and shall not involve the Community in the transformation of maturities, in any exchange or interest-rate risk or in any other commercial risk.
2. The Commission shall take the necessary steps, if the USSR and its constituent Republics so wish, to ensure that an early repayment clause is included in the loan conditions and can be exercised.
3. All related costs incurred by the Community in concluding and carrying out the operations provided for in this Decision shall be borne by the USSR and its constituent Republics.
4. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraph 2.
Article 9
At least once a year, the Commission shall address a report to the European Parliament and to the Council, which will include an evaluation, on the implementation of this Decision. Done at Brussels, 16 December 1991.
|
[
0,
0,
1,
0,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION DECISION
of 23 December 2008
authorising Member States, in accordance with Council Directive 1999/105/EC, to take decisions on the equivalence of the guarantees afforded by forest reproductive material to be imported from certain third countries
(notified under document number C(2008) 8589)
(2008/989/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (1), and in particular Article 19(3) thereof,
Whereas:
(1)
In accordance with Article 19(1) of Directive 1999/105/EC, a Council Decision is being adopted on the equivalence of forest reproductive material produced in third countries setting out the conditions under which forest reproductive material of the categories ‘source identified’ and ‘selected’ produced in certain third countries may be imported into the Community. However, for certain other third countries the information presently available at Community level is not sufficient to include those third countries in that Decision. This is the case of Belarus, Bosnia and Herzegovina, The former Yugoslav Republic of Macedonia and New Zealand.
(2)
In order to prevent trade patterns from being disrupted upon the expiry of Commission Decision 2005/942/EC of 21 December 2005 authorising Member States to take decisions under Council Directive 1999/105/EC on assurances afforded in respect of forest reproductive material produced in third countries (2), Member States should be authorised to take decisions on whether certain material imported from those third countries offers equivalent guarantees to those applicable to forest reproductive material produced in the Community in accordance with Directive 1999/105/EC.
(3)
In order to permit a future possible extension of the Council Decision on the equivalence for forest reproductive material produced in third countries, to third countries other than those listed by the above Decision, a sufficient time period necessary for the implementation of the OECD International Scheme for Certification of Forest Reproductive Material Moving in International Trade by those third countries is requested. Therefore, it should be appropriate to extend the period of the validity of this Decision to 31 December 2014. The period of application of this Decision should be sufficiently long to allow any risk of a disruption of imports into Member States to be avoided.
(4)
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
Member States are authorised to decide in respect of the third countries listed in the Annex, and in respect of the species, categories and types of basic material set out therein whether forest reproductive material produced in those countries affords the equivalent guarantees as regards the approval of its basic material and the measures taken for its production with a view to marketing as does forest reproductive material produced within the Community and complying with the provisions of Directive 1999/105/EC.
The forest reproductive material listed in the Annex shall be accompanied by a master certificate or an official certificate issued by the country of origin and records which shall contain details of all consignments to be exported, to be provided by the supplier in the third country.
Article 2
Member States shall immediately notify the Commission and other Member States of any decisions taken pursuant to this Decision, and of any withdrawal of such decisions.
Article 3
This Decision shall apply from 1 January 2009 to 31 December 2014.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 23 December 2008.
|
[
0,
0,
0,
1,
0,
1,
1,
1,
0,
0,
0
] |
COMMISSION DECISION of 25 June 1996 concerning information and publicity measures to be carried out by the Member States and the Commission concerning the activities of the Cohesion Fund under Council Regulation (EC) No 1164/94 (96/455/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (1), and in particular Article 14 thereof, laying down provisions for information and publicity concerning the activities of the Cohesion Fund,
Whereas Article 14 (1) last subparagraph of Regulation (EC) No 1164/94 lays down that the Commission shall ensure that Member States are informed of the activities of the Fund;
Whereas Article 14 (2) first subparagraph of Regulation (EC) No 1164/94 lays down that the Member States responsible for implementing a measure receiving a financial contribution from the Cohesion Fund shall ensure that adequate publicity is given to the measure, with a view to making the general public aware of the role played by the Community in relation to the measure and with a view to making potential beneficiaries and professional organizations aware of the possibilities afforded by the measure;
Whereas, pursuant to the third subparagraph of Article 14 (2) of Regulation (EC) No 1164/94, Member States shall inform the Commission of the initiatives taken under this paragraph;
Whereas, in accordance with Article 14 (3) of Regulation (EC) No 1164/94, the Commission shall adopt detailed rules on information and publicity,
HAS ADOPTED THIS DECISION:
Article 1
The detailed provisions applicable to information and publicity concerning the activities of the Cohesion Fund shall be as defined in the following Annexes.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 25 June 1996.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
1
] |
COMMISSION REGULATION (EC) No 582/2006
of 10 April 2006
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 11 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 April 2006.
|
[
0,
0,
1,
0,
0,
0,
0,
0,
0,
0,
0
] |
*****
COUNCIL REGULATION (EEC) No 3182/85
of 11 November 1985
on the application of Decision No 1/85 of the EEC-Switzerland Joint Committee altering the limits expressed in ECU in Article 8 of Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement between the European Economic Community and the Swiss Confederation (1), signed on 22 July 1972, entered into force on 1 January 1973;
Whereas by virtue of Article 28 of Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation, which forms an integral part of the said Agreement, the Joint Committee adopted Decision No 1/85 further amending Article 8 of that Protocol;
Whereas it is necessary to apply that Decision in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/85 of the EEC-Switzerland Joint Committee 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 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, 11 November 1985.
|
[
0,
0,
1,
1,
0,
1,
0,
0,
0,
0,
1
] |
DIRECTIVE 2009/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof and Article 175(1) thereof in relation to Article 1(5) and Article 2 of this Directive,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (3) establishes minimum specifications for petrol and diesel fuels for use in road and non-road mobile applications for health and environmental reasons.
(2)
One of the objectives laid down in the Sixth Community Environment Action Programme established by Decision No 1600/2002/EC (4) of 22 July 2002 is to achieve levels of air quality that do not give rise to significant negative impacts on, or risks to, human health and the environment. In its statement accompanying Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (5) the Commission recognised the need to reduce emissions of harmful air pollutants if significant progress were to be made towards the objectives established in the Sixth Community Environment Action Programme and foresaw, in particular, new legislative proposals that would further reduce Member States’ permitted national emissions of key pollutants, reduce emissions associated with refuelling of petrol cars at service stations and address the sulphur content of fuels, including marine fuels.
(3)
The Community has committed itself under the Kyoto Protocol to greenhouse gas emission targets for the period 2008-2012. The Community has also committed itself by 2020 to a 30 % reduction in greenhouse gas emissions in the context of a global agreement and a 20 % reduction unilaterally. All sectors will need to contribute to these goals.
(4)
One aspect of greenhouse gas emissions from transport has been tackled through the Community policy on CO2 and cars. Transport fuel use makes a significant contribution to overall Community greenhouse gas emissions. Monitoring and reducing fuel life cycle greenhouse gas emissions can contribute to helping the Community meet its greenhouse gas reduction goals through the decarbonisation of transport fuel.
(5)
The Community has adopted regulations limiting pollutant emissions from light and heavy duty road vehicles. The fuel specification is one of the factors that influence the ease with which such emission limits can be met.
(6)
Derogations from the maximum summer petrol vapour pressure should be limited to those Member States with low ambient summer temperatures. It is therefore appropriate to clarify in which Member States a derogation should be permitted. These are, in principle, those Member States where the average temperature for a majority of their territory is below 12 °C for at least two of the three months of June, July and August.
(7)
Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (6), sets emission limits for engines used in non-road mobile machinery. Fuel enabling the proper functioning of these engines needs to be provided for the operation of this machinery.
(8)
The combustion of road transport fuel is responsible for around 20 % of Community greenhouse gas emissions. One approach to reducing these emissions is through reducing the life-cycle greenhouse gas emissions of these fuels. This can be done in a number of ways. In view of the Community’s ambition to further reduce greenhouse gas emissions and the significant contribution that road transport makes to those emissions, it is appropriate to establish a mechanism requiring fuel suppliers to report the life-cycle greenhouse gas emissions of the fuel that they supply and to reduce them from 2011 onwards. The methodology for the calculation of life-cycle greenhouse gas emissions from biofuels should be identical to that established for the purposes of the calculation of greenhouse gas impacts under Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (7).
(9)
Suppliers should, by 31 December 2020, gradually reduce life cycle greenhouse gas emissions by up to 10 % per unit of energy from fuel and energy supplied. This reduction should amount to at least 6 % by 31 December 2020, compared to the EU-average level of life cycle greenhouse gas emissions per unit of energy from fossil fuels in 2010, obtained through the use of biofuels, alternative fuels and reductions in flaring and venting at production sites. Subject to a review, it should comprise a further 2 % reduction obtained through the use of environmentally friendly carbon capture and storage technologies and electric vehicles and an additional further 2 % reduction obtained through the purchase of credits under the Clean Development Mechanism of the Kyoto Protocol. These additional reductions should not be binding on Member States or fuel suppliers on entry into force of this Directive. The review should address their non-binding character.
(10)
Biofuel production should be sustainable. Biofuels used for compliance with the greenhouse gas reduction targets laid down in this Directive should therefore be required to fulfil sustainability criteria. In order to ensure a coherent approach between energy and environment policies, and to avoid the additional costs to business and the environmental incoherence that would be associated with an inconsistent approach, it is essential to provide the same sustainability criteria for the use of biofuels for the purposes of this Directive on the one hand and Directive 2009/28/EC on the other. For the same reasons, double reporting should be avoided in this context. Furthermore, the Commission and competent national authorities should coordinate their activities within the framework of a committee specifically responsible for sustainability aspects.
(11)
The increasing worldwide demand for biofuels, and the incentives for their use provided for in this Directive should not have the effect of encouraging the destruction of biodiverse lands. Those finite resources, recognised in various international instruments to be of value to all mankind, should be preserved. Consumers in the Community would, in addition, find it morally unacceptable that their increased use of biofuels could have the effect of destroying biodiverse lands. For these reasons, it is necessary to provide sustainability criteria ensuring that biofuels can qualify for the incentives only when it can be guaranteed that they do not originate in biodiverse areas or, in the case of areas designated for nature protection purposes or for the protection or rare, threatened or endangered ecosystems or species, the relevant competent authority demonstrates that the production of the raw material does not interfere with those purposes. The sustainability criteria should consider forest as biodiverse where it is a primary forest in accordance with the definition used by the Food and Agriculture Organisation of the United Nations (FAO) in its Global Forest Resource Assessment, which countries use worldwide to report on the extent of primary forest or where it is protected by national nature protection law. Areas where collection of non-wood forest products occurs should be included, provided the human impact is small. Other types of forests as defined by the FAO, such as modified natural forests, semi natural forests and plantations, should not be considered as primary forests. Having regard furthermore, to the highly biodiverse nature of certain grasslands, both temperate and tropical, including highly biodiverse savannahs, steppes, scrublands and prairies, biofuels made from raw materials originating in such lands should not qualify for the incentives provided for by this Directive. The Commission should establish appropriate criteria and geographical ranges to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards.
(12)
In calculating the impact of greenhouse gas emissions of land conversion, economic operators should be able to use actual values for the carbon stocks associated with the reference land use and the land use after conversion. They should also be able to use standard values. The work of the Intergovernmental Panel on Climate Change is the appropriate basis for such standard values. That work is not currently expressed in a form that is immediately applicable by economic operators. The Commission should therefore produce guidance drawing on that work to serve as the basis for the calculation of carbon stock changes for the purposes of this Directive, including such changes to forested areas with a canopy cover of between 10 % and 30 %, savannahs, scrublands and prairies.
(13)
It is appropriate for the Commission to develop methodologies with a view to assessing the impact of the drainage of peatlands on greenhouse gas emissions.
(14)
Land should not be converted for the production of biofuels if its carbon stock loss upon conversion could not, within a reasonable period, taking into account the urgency of tackling climate change, be compensated by the greenhouse gas savings resulting from the production of biofuels. This would prevent unnecessarily burdensome research by economic operators and the conversion of high carbon stock land that would prove to be ineligible for producing raw materials for biofuels. Inventories of worldwide carbon stocks indicate that wetlands and continuously forested areas with canopy cover of more than 30 % should be included in that category. Forested areas with a canopy cover of between 10 % and 30 % should also be included, unless there is evidence demonstrating that their carbon stock is sufficiently low to justify their conversion in accordance with the rules laid down in this Directive. The reference to wetlands should take into account the definition laid down in the Convention on Wetlands of International Importance, especially as Waterfowl Habitat, adopted on 2 February 1971 in Ramsar.
(15)
The incentives provided for in this Directive will encourage increased production of biofuels worldwide. Where biofuels are made from raw material produced within the Community, they should also comply with Community environmental requirements for agriculture, including requirements for the protection of the quality of groundwater and surface water, and with social requirements. However, there is a concern that production of biofuels in certain third countries might not respect minimum environmental or social requirements. It is therefore appropriate to encourage the development of multilateral and bilateral agreements and voluntary international or national schemes that cover key environmental and social considerations, in order to promote the production of biofuels worldwide in a sustainable manner. In the absence of such agreements or schemes, Member States should require economic operators to report on those issues.
(16)
Sustainability criteria will be effective only if they lead to changes in the behaviour of market actors. Those changes will occur only if biofuels meeting those criteria command a price premium compared to those that do not. According to the mass balance method of verifying compliance, there is a physical link between the production of biofuels meeting the sustainability criteria and the consumption of biofuels in the Community, providing an appropriate balance between supply and demand and ensuring a price premium that is greater than in systems where there is no such link. To ensure that biofuels meeting the sustainability criteria can be sold at a higher price, the mass balance method should therefore be used to verify compliance. This should maintain the integrity of the system while at the same time avoiding the imposition of an unreasonable burden on industry. Other verification methods should, however, be reviewed.
(17)
Where appropriate, the Commission should take due account of the Millennium Ecosystem Assessment which contains useful data for the conservation of at least those areas that provide, in critical situations, basic ecosystem services such as watershed protection and erosion control.
(18)
Co-products from the production and use of fuels should be taken into account in the calculation of greenhouse gas emissions. The substitution method is appropriate for the purposes of policy analysis but not for the regulation of individual economic operators and individual consignments of transport fuels. In these cases the energy allocation method is the most appropriate method, as it is easy to apply, is predictable over time, minimises counter-productive incentives and produces results that are generally comparable with those produced by the substitution method. For the purposes of policy analysis the Commission should also, in its reporting, present results using the substitution method.
(19)
In order to avoid a disproportionate administrative burden, a list of default values should be laid down for common biofuel production pathways and that list should be updated and expanded when further reliable data is available. Economic operators should always be entitled to claim the level of greenhouse gas savings for biofuels established by that list. Where the default value for greenhouse gas savings from a production pathway lies below the required minimum level of greenhouse gas savings, producers wishing to demonstrate their compliance with this minimum level should be required to show that actual emissions from their production process are lower than those that were assumed in the calculation of the default values.
(20)
It is appropriate for the data used in the calculation of the default values to be obtained from independent, scientifically expert sources and to be updated as appropriate as those sources progress their work. The Commission should encourage those sources to address, when they update their work, emissions from cultivation, the effect of regional and climatological conditions, the effects of cultivation using sustainable agricultural and organic farming methods, and the scientific contribution of producers, within the Community and in third countries, and civil society.
(21)
In order to avoid encouraging the cultivation of raw materials for biofuels in places where this would lead to high greenhouse gas emissions, the use of default values for cultivation should be limited to regions where such an effect can reliably be excluded. However, to avoid a disproportionate administrative burden, it is appropriate for Member States to establish national or regional averages for emissions from cultivation, including from fertiliser use.
(22)
Global demand for agricultural commodities is growing. Part of this increased demand will be met through an increase in the amount of land devoted to agriculture. The restoration of land that has been severely degraded or heavily contaminated and therefore cannot be used, in its present state, for agricultural purposes is a way of increasing the amount of land available for cultivation. The sustainability scheme should promote the use of restored degraded land, because the promotion of biofuels will contribute to the growth in demand for agricultural commodities. Even if biofuels themselves are made using raw materials from land already in arable use, the net increase in demand for crops caused by the promotion of biofuels could lead to a net increase in the cropped area. This could affect high carbon stock land, which would result in damaging carbon stock losses. To alleviate this risk, it is appropriate to introduce accompanying measures to encourage an increased rate of productivity on land already used for crops, the use of degraded land, and the adoption of sustainability requirements, comparable to those laid down in this Directive for Community biofuel consumption, in other biofuel-consuming countries. The Commission should develop a concrete methodology to minimise greenhouse gas emissions caused by indirect land use changes. To this end, the Commission should analyse, on the basis of best available scientific evidence, in particular, the inclusion of a factor for indirect land use changes in the calculation of greenhouse gas emissions, and the need to incentivise sustainable biofuels which minimise the impact of land use change and improve biofuel sustainability with respect to indirect land use change. In developing this methodology, the Commission should address, inter alia, the potential indirect land use changes resulting from biofuels produced from non-food cellulosic material and from ligno-cellulosic material.
(23)
Since the measures provided for in Articles 7b to 7e of Directive 98/70/EC also promote the functioning of the internal market, by harmonising sustainability criteria for biofuels for target accounting purposes under that Directive, and thus facilitate, in accordance with Article 7b(8) of that Directive, trade between Member States in biofuels which comply with these conditions, they are based on Article 95 of the Treaty.
(24)
Continuing technical progress in the fields of automotive and fuel technology coupled with the continuing desire to ensure that the level of environmental and health protection is optimised necessitate periodic review of the fuel specifications based upon further studies and analyses of the impact of additives and biofuel components on pollutant emissions. Therefore, the possibility of facilitating the decarbonisation of transport fuels should be regularly reported upon.
(25)
Detergent use can contribute to the maintenance of clean engines and therefore the reduction of pollutant emissions. At present there is no satisfactory way of testing fuel samples for their detergency properties. Therefore the responsibility for informing their customers of the benefits of detergents and their use rests with suppliers of fuel and vehicles. Nevertheless, the Commission should review whether further developments would result in a more effective approach to optimising the use of and benefits from detergents.
(26)
Provisions concerning the blending of ethanol into petrol should be reviewed on the basis of experience gained from the application of Directive 98/70/EC. The review should examine in particular the provisions concerning limits on vapour pressure and possible alternatives for ensuring that ethanol blends do not exceed acceptable vapour pressure limits.
(27)
Blending ethanol into petrol increases the vapour pressure of the resulting fuel. Moreover petrol vapour pressure should be controlled to limit air pollutant emissions.
(28)
Blending ethanol into petrol results in a non-linear change of the vapour pressure of the resulting fuel mixture. It is appropriate to provide for the possibility of a derogation from the maximum summer vapour pressure for such mixtures after an appropriate assessment by the Commission. A derogation should be conditional on compliance with Community legislation on air quality and air pollution. Such a derogation should correspond to the actual increase in vapour pressure that results from adding a given percentage of ethanol to petrol.
(29)
In order to encourage the use of low-carbon fuels while respecting air pollution targets, petrol refiners should, where possible, make available low vapour pressure petrol in the volumes required. As this is not the case at present, the vapour pressure limit for ethanol blends should be increased, subject to certain conditions, in order to allow the biofuels market to develop.
(30)
Some older vehicles are not warranted to use petrol with a high biofuel content. These vehicles may travel from one Member State to another. It is therefore appropriate to ensure for a transitional period, the continued supply of petrol suitable for these older vehicles. Member States should in consultation with stakeholders, ensure an appropriate geographical coverage reflecting the demand for such petrol. The marking of petrol, for example as E5 or E10, should be consistent with the relevant standard drawn up by the European Committee for Standardisation (CEN).
(31)
It is appropriate to adapt Annex IV to Directive 98/70/EC to enable the placing on the market of diesel fuels with a higher biofuel content (B7) than envisaged in standard EN 590:2004 (B5). This standard should be updated accordingly and should establish limits for technical parameters not included in that Annex, such as oxidation stability, flash point, carbon residue, ash content, water content, total contamination, copper strip corrosion, lubricity, kinematic viscosity, cloud point, cold filter plugging point, phosphorous content, acid index, peroxides, acid index variation, injector fouling and addition of additives for stability.
(32)
In order to facilitate the effective marketing of biofuels, CEN is encouraged to continue working rapidly on a standard allowing the blending of higher levels of biofuel components into diesel and, in particular, to develop a standard for ‘B10’.
(33)
A limit for the fatty acid methyl ester (FAME) content of diesel is required for technical reasons. However, such a limit is not required for other biofuel components, such as pure diesel-like hydrocarbons made from biomass using the Fischer-Tropsch process or hydro-treated vegetable oil.
(34)
Member States and the Commission should take appropriate steps to facilitate the placing on the market of gasoil containing 10 ppm sulphur earlier than 1 January 2011.
(35)
The use of specific metallic additives, and in particular the use of methylcyclopentadienyl manganese tricarbonyl (MMT), might raise the risk of damage to human health and might cause damage to vehicle engines and emission control equipment. Many vehicle manufacturers advise against the use of fuel containing metallic additives and the use of such fuel may invalidate vehicle warranties. It is therefore appropriate to keep under constant review the effects of the use of the MMT in fuel in consultation with all relevant stakeholders. Pending further review it is necessary to take steps to limit the severity of any damage that may be caused. It is therefore appropriate to set an upper limit on the use of MMT in fuel, based upon currently available scientific knowledge. This limit should be revised upwards only if the use of higher dosage rates can be demonstrated not to cause adverse effects. To avoid consumers unknowingly invalidating their vehicles’ warranties, it is also necessary to require the labelling of any fuel that contains metallic additives.
(36)
In accordance with point 34 of the Interinstitutional agreement on better law making (8), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make those tables public.
(37)
The measures necessary for the implementation of Directive 98/70/EC 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 (9).
(38)
In particular, the Commission should be empowered to adopt implementing measures concerning the mechanism to monitor and reduce greenhouse gas emissions, to adapt the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, to establish criteria and geographic ranges for highly biodiverse grassland, to revise the limit for the MMT content of fuel and to adapt to technical and scientific progress the methodology for the calculation of lifecycle greenhouse gas emissions, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by the adaptation of the methodological principles and values, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(39)
Directive 98/70/EC provides for a number of fuel specifications some of which are now redundant. In addition, it contains a number of derogations that have expired. For reasons of clarity it is therefore appropriate to delete these provisions.
(40)
Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels (10) lays down some aspects of fuel use in inland waterway transport. The delimitation between that Directive and Directive 98/70/EC requires clarification. Both Directives establish limits for the maximum sulphur content of gas-oil used in inland waterway vessels. In the interest of clarity and legal certainty, it is therefore, appropriate to adjust those Directives, so that only one act lays down this limit.
(41)
New, cleaner engine technologies have been developed for inland waterway vessels. These engines can only be fuelled with very low-sulphur fuel. The sulphur content of inland waterway vessel fuels should be reduced as soon as possible.
(42)
Directive 98/70/EC and Directive 1999/32/EC should therefore be amended accordingly.
(43)
Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels (11) has been extensively amended over time and as a result no longer retains any elements of substance. It should therefore be repealed.
(44)
Since the objectives of this Directive, namely ensuring a single market for fuel for road transport and non-road mobile machinery and ensuring respect for minimum levels of environmental protection from use of this fuel cannot be sufficiently achieved by the Member States and can therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Amendments to Directive 98/70/EC
Directive 98/70/EC is hereby amended as follows:
1.
Article 1 shall be replaced by the following:
‘Article 1
Scope
This Directive sets, in respect of road vehicles, and non-road mobile machinery (including inland waterway vessels when not at sea), agricultural and forestry tractors, and recreational craft when not at sea:
(a)
technical specifications on health and environmental grounds for fuels to be used with positive ignition and compression-ignition engines, taking account of the technical requirements of those engines; and
(b)
a target for the reduction of life cycle greenhouse gas emissions.’;
2.
Article 2 shall be amended as follows:
(a)
in the first paragraph:
(i)
point 3 shall be replaced by the following:
‘3.
“gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors, and recreational craft” means any petroleum-derived liquid, falling within CN codes 2710 19 41 and 2710 19 45 (12), intended for use in compression ignition engines referred to in Directives 94/25/EC (13), 97/68/EC (14) and 2000/25/EC (15);
(ii)
the following points shall be added:
‘5.
“Member States with low ambient summer temperatures” means Denmark, Estonia, Finland, Ireland, Latvia, Lithuania, Sweden and the United Kingdom;
6.
“life cycle greenhouse gas emissions” means all net emissions of CO2, CH4 and N2O that can be assigned to the fuel (including any blended components) or energy supplied. This includes all relevant stages from extraction or cultivation, including land-use changes, transport and distribution, processing and combustion, irrespective of where those emissions occur;
7.
“greenhouse gas emissions per unit of energy” means the total mass of CO2 equivalent greenhouse gas emissions associated with the fuel or energy supplied, divided by the total energy content of the fuel or energy supplied (for fuel, expressed as its low heating value);
8.
“supplier” means the entity responsible for passing fuel or energy through an excise duty point or, if no excise is due, any other relevant entity designated by a Member State;
9.
“biofuels” has the same meaning as in Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources (16).
(b)
the second paragraph shall be deleted;
3.
Article 3 shall be amended as follows:
(a)
paragraphs 2 to 6 shall be replaced by the following:
‘2. Member States shall ensure that petrol may be placed on the market within their territory only if it complies with the environmental specifications set out in Annex I.
However, Member States may, for the outermost regions, make specific provisions for the introduction of petrol with a maximum sulphur content of 10 mg/kg. Member States making use of this provision shall inform the Commission accordingly.
3. Member States shall require suppliers to ensure the placing on the market of petrol with a maximum oxygen content of 2,7 % and a maximum ethanol content of 5 % until 2013 and may require the placing on the market of such petrol for a longer period if they consider it necessary. They shall ensure the provision of appropriate information to consumers concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol.
4. Member States with low ambient summer temperatures may, subject to paragraph 5, permit the placing on the market during the summer period of petrol with a maximum vapour pressure of 70 kPa.
Member States in which the derogation referred to in the first subparagraph is not applied may, subject to paragraph 5, permit the placing on the market during the summer period of petrol containing ethanol with a maximum vapour pressure of 60 kPa and in addition the permitted vapour pressure waiver specified in Annex III, on condition that the ethanol used is a biofuel.
5. Where Member States wish to apply either of the derogations provided for in paragraph 4, they shall notify the Commission and provide all relevant information. The Commission shall assess the desirability and duration of the derogation, taking account of both:
(a)
the avoidance of socioeconomic problems resulting from higher vapour pressure, including time-limited technical adaptation needs; and
(b)
the environmental or health consequences of the higher vapour pressure and, in particular, the impact on compliance with Community legislation on air quality, both in the Member State concerned and in other Member States.
If the Commission's assessment shows that the derogation will result in a lack of compliance with Community legislation on air quality or air pollution, including the relevant limit values and emissions ceilings, the application shall be rejected. The Commission should also take account of relevant target values.
Where the Commission has raised no objections within six months of receipt of all relevant information, the Member State concerned may apply the requested derogation.
6. Notwithstanding paragraph 1, Member States may continue to permit the marketing of small quantities of leaded petrol, with a lead content not exceeding 0,15 g/l, to a maximum of 0,03 % of total sales, to be used by old vehicles of a characteristic nature and to be distributed through special interest groups.’;
(b)
paragraph 7 shall be deleted;
4.
Article 4 shall be replaced by the following:
‘Article 4
Diesel fuel
1. Member States shall ensure that diesel fuel may be placed on the market in their territory only if it complies with the specifications set out in Annex II.
Notwithstanding the requirements of Annex II, Member States may permit the placing on the market of diesel with a fatty acid methyl ester (FAME) content greater than 7 %.
Member States shall ensure the provision of appropriate information to consumers concerning the biofuel, in particular FAME, content of diesel fuel.
2. Member States shall ensure that, no later than from 1 January 2008, gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft may be placed on the market within their territory only if the sulphur content of those gas oils does not exceed 1 000 mg/kg. From 1 January 2011, the maximum permissible sulphur content of those gas oils shall be 10 mg/kg. Member States shall ensure that liquid fuels other than those gas oils may be used in inland waterway vessels and recreational craft only if the sulphur content of those liquid fuels does not exceed the maximum permissible content of those gas oils.
However, in order to accommodate minor contamination in the supply chain, Member States may, from 1 January 2011, permit gas oil intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft to contain up to 20 mg/kg of sulphur at the point of final distribution to end users. Member States may also permit the continued placing on the market until 31 December 2011 of gas oil containing up to 1 000 mg/kg sulphur for rail vehicles and agricultural and forestry tractors, provided that they can ensure that the proper functioning of emissions control systems will not be compromised.
3. Member States may, for the outermost regions, make specific provision for the introduction of diesel fuel and gas oils with a maximum sulphur content of 10 mg/kg. Member States making use of this provision shall inform the Commission accordingly.
4. For Member States with severe winter weather, the maximum distillation point of 65 % at 250 °C for diesel fuels and gas oils may be replaced by a maximum distillation point of 10 % (vol/vol) at 180 °C.’;
5.
the following Article shall be inserted:
‘Article 7a
Greenhouse gas emission reductions
1. Member States shall designate the supplier or suppliers responsible for monitoring and reporting life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied. In the case of providers of electricity for use in road vehicles, Member States shall ensure that such providers may choose to become a contributor to the reduction obligation laid down in paragraph 2 if they can demonstrate that they can adequately measure and monitor electricity supplied for use in those vehicles.
With effect from 1 January 2011, suppliers shall report annually, to the authority designated by the Member State, on the greenhouse gas intensity of fuel and energy supplied within each Member State by providing, as a minimum, the following information:
(a)
the total volume of each type of fuel or energy supplied, indicating where purchased and its origin; and
(b)
life cycle greenhouse gas emissions per unit of energy.
Member States shall ensure that reports are subject to verification.
The Commission shall, where appropriate, establish guidelines for the implementation of this paragraph.
2. Member States shall require suppliers to reduce as gradually as possible life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by up to 10 % by 31 December 2020, compared with the fuel baseline standard referred to in paragraph 5(b). This reduction shall consist of:
(a)
6 % by 31 December 2020. Member States may require suppliers, for this reduction, to comply with the following intermediate targets: 2 % by 31 December 2014 and 4 % by 31 December 2017;
(b)
an indicative additional target of 2 % by 31 December 2020, subject to Article 9(1)(h), to be achieved through one or both of the following methods:
(i)
the supply of energy for transport supplied for use in any type of road vehicle, non-road mobile machinery (including inland waterway vessels), agricultural or forestry tractor or recreational craft;
(ii)
the use of any technology (including carbon capture and storage) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied;
(c)
an indicative additional target of 2 % by 31 December 2020, subject to Article 9(1)(i), to be achieved through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol, under the conditions set out in Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (17), for reductions in the fuel supply sector.
3. Life cycle greenhouse gas emissions from biofuels shall be calculated in accordance with Article 7d. Lifecycle greenhouse gas emissions from other fuels and energy shall be calculated using a methodology laid down in accordance with paragraph 5 of this Article.
4. Member States shall ensure that a group of suppliers may choose to meet the reduction obligations pursuant to paragraph 2 jointly. In such case they shall be considered as a single supplier for the purposes of paragraph 2.
5. Measures necessary for the implementation of this Article, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). Such measures include, in particular:
(a)
the methodology for the calculation of life cycle greenhouse gas emissions from fuels other than biofuels and from energy;
(b)
the methodology specifying, before 1 January 2011, the fuel baseline standard based on the life cycle greenhouse gas emissions per unit of energy from fossil fuels in 2010 for the purposes of paragraph 2;
(c)
any necessary rules to give effect to paragraph 4;
(d)
the methodology to calculate the contribution of electric road vehicles, which shall be compatible with Article 3(4) of Directive 2009/28/EC.
6.
the following Articles shall be inserted:
‘Article 7b
Sustainability criteria for biofuels
1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels shall be taken into account for the purposes of Article 7a only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 of this Article.
However, biofuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, need only fulfil the sustainability criteria set out in paragraph 2 of this Article in order to be taken into account for the purposes referred to in Article 7a.
2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 35 %.
With effect from 1 January 2017, the greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 50 %. From 1 January 2018 that greenhouse gas emissions saving shall be at least 60 % for biofuels produced in installations in which production has started on or after 1 January 2017.
The greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with Article 7d(1).
In the case of biofuels produced by installations that were in operation on 23 January 2008, the first subparagraph shall apply from 1 April 2013.
3. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high biodiversity value, namely, land that had one of the following statuses in or after January 2008, whether or not the land continues to have such a status:
(a)
primary forest and other wooded land, that is forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;
(b)
areas designated:
(i)
by law or by the relevant competent authority for nature protection purposes; or
(ii)
for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the second subparagraph of Article 7c(4);
unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;
(c)
highly biodiverse grassland that is:
(i)
natural, namely, grassland that would remain grassland in the absence of human intervention and which maintains the natural species composition and ecological characteristics and processes; or
(ii)
non-natural, namely, grassland that would cease to be grassland in the absence of human intervention and which is species-rich and not degraded, unless evidence is provided that the harvesting of the raw material is necessary to preserve its grassland status.
The Commission shall establish the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph. Those measures, designed to amend non-essential elements of this Directive, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).
4. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely, land that had one of the following statuses in January 2008 and no longer has that status:
(a)
wetlands, namely, land that is covered with or saturated by water permanently or for a significant part of the year;
(b)
continuously forested areas, namely, land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ;
(c)
land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex IV is applied, the conditions laid down in paragraph 2 of this Article would be fulfilled.
The provisions of this paragraph shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008.
5. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.
6. Agricultural raw materials cultivated in the Community and used for the production of biofuels taken into account for the purposes referred to in Article 7a shall be obtained in accordance with the requirements and standards under the provisions referred to under the heading “Environment” in Part A and in point 9 of Annex II to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (18) and in accordance with the minimum requirements for good agricultural and environmental condition defined pursuant to Article 6(1) of that Regulation.
7. The Commission shall, every two years, report to the European Parliament and the Council, in respect of both third countries and Member States that are a significant source of biofuels or of raw material for biofuels consumed within the Community, on national measures taken to respect the sustainability criteria set out in paragraphs 2 to 5 and for soil, water and air protection. The first report shall be submitted in 2012.
The Commission shall, every two years, report to the European Parliament and the Council on the impact on social sustainability in the Community and in third countries of increased demand for biofuel, on the impact of Community biofuel policy on the availability of foodstuffs at affordable prices, in particular for people living in developing countries, and on wider development issues. Reports shall address the respect of land use rights. They shall state, both for third countries and Member States that are a significant source of raw material for biofuel consumed within the Community, whether the country has ratified and implemented each of the following Conventions of the International Labour Organisation:
-
Convention concerning Forced or Compulsory Labour (No 29),
-
Convention concerning Freedom of Association and Protection of the Right to Organise (No 87),
-
Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98),
-
Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100),
-
Convention concerning the Abolition of Forced Labour (No 105),
-
Convention concerning Discrimination in Respect of Employment and Occupation (No 111),
-
Convention concerning Minimum Age for Admission to Employment (No 138),
-
Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No 182).
Those reports shall state, both for third countries and Member States that are a significant source of raw material for biofuel consumed within the Community, whether the country has ratified and implemented:
-
the Carthagena Protocol on biosafety,
-
the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
The first report shall be submitted in 2012. The Commission shall, if appropriate, propose corrective action, in particular if evidence shows that biofuel production has a significant impact on food prices.
8. For the purposes referred to in paragraph 1, Member States shall not refuse to take into account, on other sustainability grounds, biofuels obtained in compliance with this Article.
Article 7c
Verification of compliance with the sustainability criteria for biofuels
1. Where biofuels are to be taken into account for the purposes of Article 7a, Member States shall require economic operators to show that the sustainability criteria set out in Article 7b(2) to (5) have been fulfilled. For that purpose they shall require economic operators to use a mass balance system which:
(a)
allows consignments of raw material or biofuel with differing sustainability characteristics to be mixed;
(b)
requires information about the sustainability characteristics and sizes of the consignments referred to in point (a) to remain assigned to the mixture; and
(c)
provides for the sum of all consignments withdrawn from the mixture to be described as having the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixture.
2. The Commission shall report to the European Parliament and the Council in 2010 and 2012 on the operation of the mass balance verification method described in paragraph 1 and on the potential for allowing for other verification methods in relation to some or all types of raw material or biofuels. In its assessment the Commission shall consider those verification methods in which information about sustainability characteristics need not remain physically assigned to particular consignments or mixtures. The assessment shall take into account the need to maintain the integrity and effectiveness of the verification system while avoiding the imposition of an unreasonable burden on industry. The report shall be accompanied, where appropriate, by proposals to the European Parliament and the Council, concerning the use of other verification methods.
3. Member States shall take measures to ensure that economic operators submit reliable information and make available to the Member State, on request, the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data.
The information referred to in the first subparagraph shall include in particular information on compliance with the sustainability criteria set out in Article 7b(2) to (5), appropriate and relevant information on measures taken for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce, and appropriate and relevant information concerning measures taken in order to take into account the issues referred to in the second subparagraph of Article 7b(7).
The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall ensure, in particular, that the provision of that information does not represent an excessive administrative burden for operators in general or for smallholder farmers, producer organisations and cooperatives in particular.
The obligations laid down in this paragraph shall apply whether the biofuels are produced within the Community or imported.
Member States shall submit to the Commission in aggregated form, the information referred to in the first subparagraph. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC in summary form preserving the confidentiality of commercially sensitive information.
4. The Community shall endeavour to conclude bilateral or multilateral agreements with third countries containing provisions on sustainability criteria that correspond to those in this Directive. Where the Community has concluded agreements containing provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7).
The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 7b(2) or demonstrate that consignments of biofuel comply with the sustainability criteria set out in Article 7b(3) to (5). The Commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of Article 7b(7). The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 7b(3)(b)(ii).
The Commission may decide that voluntary national or international schemes to measure greenhouse gas savings contain accurate data for the purposes of Article 7b(2).
The Commission may decide that land that falls within the scope of a national or regional recovery programme aimed at improving severely degraded or heavily contaminated land fulfils the criteria referred to in point 9 of Part C of Annex IV.
5. The Commission shall adopt decisions under paragraph 4 only if the agreement or scheme in question meets adequate standards of reliability, transparency and independent auditing. Schemes to measure greenhouse gas savings shall also comply with the methodological requirements in Annex IV. Lists of areas of high biodiversity value as referred to in Article 7b(3)(b)(ii) shall meet adequate standards of objectivity and coherence with internationally recognised standards and provide for appropriate appeal procedures.
6. Decisions under paragraph 4 shall be adopted in accordance with the advisory procedure referred to in Article 11(3). Such decisions shall be valid for a period of no more than five years.
7. When an economic operator provides proof or data obtained in accordance with an agreement or scheme that has been the subject of a decision under paragraph 4, to the extent covered by that decision, a Member State shall not require the supplier to provide further evidence of compliance with the sustainability criteria set out in Article 7b(2) to (5) nor information on measures referred to in the second subparagraph of paragraph 3 of this Article.
8. At the request of a Member State or on its own initiative the Commission shall examine the application of Article 7b in relation to a source of biofuel and, within six months of receipt of a request and in accordance with the advisory procedure referred to in Article 11(3), decide whether the Member State concerned may take biofuel from that source into account for the purposes of Article 7a.
9. By 31 December 2012, the Commission shall report to the European Parliament and to the Council on:
(a)
the effectiveness of the system in place for the provision of information on sustainability criteria; and
(b)
whether it is feasible and appropriate to introduce mandatory requirements in relation to air, soil or water protection, taking into account the latest scientific evidence and the Community's international obligations.
The Commission shall, if appropriate, propose corrective action.
Article 7d
Calculation of life cycle greenhouse gas emissions from biofuels
1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels shall be calculated as follows:
(a)
where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in Part A or B of Annex IV and where the el value for those biofuels calculated in accordance with point 7 of Part C of Annex IV is equal to or less than zero, by using that default value;
(b)
by using an actual value calculated in accordance with the methodology laid down in Part C of Annex IV; or
(c)
by using a value calculated as the sum of the factors of the formula referred to in point 1 of Part C of Annex IV, where disaggregated default values in Part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part C of Annex IV, for all other factors.
2. By 31 March 2010, Member States shall submit to the Commission a report, including a list of those areas on their territory classified as level 2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated NUTS level in accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (19) where the typical greenhouse gas emissions from cultivation of agricultural raw materials can be expected to be lower than or equal to the emissions reported under the heading “Disaggregated default values for cultivation” in Part D of Annex IV to this Directive, accompanied by a description of the method and data used to establish that list. That method shall take into account soil characteristics, climate and expected raw material yields.
3. The default values in Part A of Annex IV, and the disaggregated default values for cultivation in Part D of Annex IV, may be used only when their raw materials are:
(a)
cultivated outside the Community;
(b)
cultivated in the Community in areas included in the lists referred to in paragraph 2; or
(c)
waste or residues other than agricultural, aquaculture and fisheries residues.
For biofuels not falling under points (a), (b) or (c), actual values for cultivation shall be used.
4. By 31 March 2010, the Commission shall submit a report to the European Parliament and to the Council on the feasibility of drawing up lists of areas in third countries where the typical greenhouse gas emissions from cultivation of agricultural raw materials can be expected to be lower than or equal to the emissions reported under the heading “cultivation” in Part D of Annex IV, accompanied if possible by such lists and a description of the method and data used to establish them. The report shall, if appropriate, be accompanied by relevant proposals.
5. The Commission shall report by 31 December 2012 at the latest, and every two years thereafter, on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to emissions from transport and processing and may, where necessary, decide to correct the values. Those measures, designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).
6. The Commission shall, by 31 December 2010, submit a report to the European Parliament and to the Council reviewing the impact of indirect land use change on greenhouse gas emissions and addressing ways to minimise that impact. The report shall, if appropriate, be accompanied by a proposal, based on the best available scientific evidence, containing a concrete methodology for emissions from carbon stock changes caused by indirect land use changes, ensuring compliance with this Directive, in particular Article 7b(2).
Such a proposal shall include the necessary safeguards to provide certainty for investment, undertaken before that methodology is applied. With respect to installations that produced biofuels before the end of 2013, the application of the measures referred to in the first subparagraph shall not, until 31 December 2017, lead to biofuels produced by these installations being deemed to have failed to comply with the sustainability requirements of this Directive if they would otherwise have done so, provided that those biofuels achieve a greenhouse gas saving of at least 45 %. This shall apply to the capacities of the installations of biofuels at the end of 2012.
The European Parliament and the Council shall endeavour to decide by 31 December 2012 on any such proposals submitted by the Commission.
7. Annex IV may be adapted to technical and scientific progress, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifying the methodology laid down in Part C. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).
Regarding the default values and methodology laid down in Annex IV, particular consideration shall be paid to:
-
the method of accounting for wastes and residues,
-
the method of accounting for co-products,
-
the method of accounting for cogeneration, and,
-
the status given to agricultural crop residues as co-products.
The default values for waste vegetable or animal oil biodiesel shall be reviewed as soon as possible.
Any adaptation of or addition to the list of default values in Annex IV shall comply with the following:
(a)
where the contribution of a factor to overall emissions is small, or where there is limited variation, or where the cost or difficulty of establishing actual values is high, default values must be typical of normal production processes;
(b)
in all other cases default values must be conservative compared to normal production processes.
8. Detailed definitions, including technical specifications required for the categories set out in point 9 of Part C of Annex IV shall be established. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).
Article 7e
Implementing measures and reports concerning the sustainability of biofuels
1. The implementing measures referred to in the second subparagraph of Article 7b(3), the third subparagraph of Article 7c(3), Article 7c(6), Article 7c(8), Article 7d(5), the first subparagraph of Article 7d(7) and Article 7d(8) shall also take full account of the purposes of Directive 2009/28/EC.
2. The reports by the Commission to the European Parliament and to the Council referred to in Article 7b(7), Article 7c(2), Article 7c(9), Article 7d(4) and (5) and the first subparagraph of Article 7d(6), as well as the reports and information submitted pursuant to in the first and fifth subparagraphs of Article 7c(3) and Article 7d(2), shall be prepared and transmitted for the purposes of both Directive 2009/28/EC and this Directive.
7.
in Article 8, paragraph 1 shall be replaced by the following:
‘1. Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in European standards EN 228:2004 and EN 590:2004 respectively.’;
8.
the following Article shall be inserted:
‘Article 8a
Metallic additives
1. The Commission shall conduct an assessment of the risks for health and the environment from the use of metallic additives in fuel and, for this purpose, develop a test methodology. It shall report its conclusions to the European Parliament and to the Council by 31 December 2012.
2. Pending the development of the test methodology referred to in paragraph 1, the presence of the metallic additive methylcyclopentadienyl manganese tricarbonyl (MMT) in fuel shall be limited to 6 mg of manganese per litre from 1 January 2011. The limit shall be 2 mg of manganese per litre from 1 January 2014.
3. The limit for the MMT content of fuel specified in paragraph 2 shall be revised on the basis of the results of the assessment carried out using the test methodology referred to in paragraph 1. It may be reduced to zero where justified by the risk assessment. It cannot be increased unless justified by the risk assessment. Such a measure, designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).
4. Member States shall ensure that a label concerning the metallic additive content of fuel is displayed at any point where a fuel with metallic additives is made available to consumers.
5. The label shall contain the following text: “Contains metallic additives”.
6. The label shall be attached to the place where information indicating the type of fuel is displayed, in a clearly visible position. The label shall be of a size and font that is clearly visible and easily legible.’;
9.
Article 9 shall be replaced by the following:
‘Article 9
Reporting
1. The Commission shall submit by 31 December 2012, and every three years thereafter, a report to the European Parliament and the Council accompanied, where appropriate, by a proposal for amendments to this Directive. That report shall in particular take account of the following:
(a)
the use and evolution of automotive technology and, in particular, the feasibility of increasing the maximum permitted biofuel content of petrol and diesel and the need to review the date referred to in Article 3(3);
(b)
Community policy on CO2 emissions from road transport vehicles;
(c)
the possibility of applying the requirements of Annex II, and in particular the limit value for polycyclic aromatic hydrocarbons, to non-road mobile machinery (including inland waterways vessels), agricultural and forestry tractors and recreational craft;
(d)
the increase in the use of detergents in fuels;
(e)
the use of metallic additives other than MMT in fuels;
(f)
the total volume of components used in petrol and diesel having regard to Community environmental legislation, including the objectives of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (20) and its daughter directives;
(g)
the consequences of the greenhouse gas reduction target set in Article 7a(2) for the emissions trading scheme;
(h)
the potential need for adjustments to Articles 2(6), 2(7) and 7a(2)(b) in order to assess possible contributions for reaching a greenhouse gas reduction target of up to 10 % by 2020. These considerations shall be based on the potential for life cycle greenhouse gas emission reductions from fuels and energy within the Community, taking into account in particular any developments in environmentally safe carbon capture and storage technologies and in electric road vehicles, and the cost effectiveness of means of reducing those emissions, as referred to in Article 7a(2)(b);
(i)
the possibility of introducing additional measures for suppliers to reduce by 2 % life cycle greenhouse gas emissions per unit of energy, in comparison with the fuel baseline standard referred to in Article 7a(5)(b), through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol under the conditions set out in Directive 2003/87/EC, in order to assess further possible contributions for reaching a greenhouse gas reduction target of up to 10 % by 2020, as referred to in Article 7a(2)(c) of this Directive;
(j)
an updated cost-benefit and impact analysis of a reduction in the maximum permitted vapour pressure for petrol for the summer period below 60 kPa.
2. At the latest in 2014, the Commission shall submit a report to the European Parliament and the Council relating to the achievement of the greenhouse gas emission target for 2020 referred to in Article 7a, taking into account the need for consistency between this target and the target referred to in Article 3(3) of Directive 2009/28/EC, concerning the share of energy from renewable sources in transport, in the light of the reports referred to in Articles 23(8) and 23(9) of that Directive.
The Commission shall, if appropriate, accompany its report by a proposal for modification of the target.
10.
in Article 10, paragraph 1 shall be replaced by the following:
‘1. If the adaptation of the permitted analytical methods referred to in Annex I or II to technical progress is necessary, amendments, designed to amend non-essential elements of this Directive, may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). Annex III may also be adapted to technical and scientific progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).’;
11.
Article 11 shall be replaced by the following:
‘Article 11
Committee Procedure
1. Except in the cases referred to in paragraph 2, the Commission shall be assisted by the Committee on Fuel Quality.
2. For matters relating to the sustainability of biofuels under Articles 7b, 7c and 7d, the Commission shall be assisted by the Committee on the Sustainability of Biofuels and Bioliquids referred to in Article 25(2) of Directive 2009/28/EC.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4. Where reference is made to this paragraph, Articles 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;
12.
Article 14 shall be deleted;
13.
Annexes I, II, III and IV shall be replaced by the text appearing in the Annex to this Directive.
Article 2
Amendments to Directive 1999/32/EC
Directive 1999/32/EC is hereby amended as follows:
1.
Article 2 shall be amended as follows:
(a)
point 3 shall be replaced by the following:
‘3.
marine fuel means any petroleum-derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217. It includes any petroleum-derived liquid fuel in use on board inland waterway vessels or recreational craft, as defined in Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (21) and Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (22), when such vessels are at sea;
(b)
point 3j shall be deleted;
2.
Article 4b shall be amended as follows:
(a)
the title shall be replaced by the following: ‘Maximum sulphur content of marine fuels used by ships at berth in Community ports’;
(b)
in paragraph 1, point (a) shall be deleted;
(c)
in paragraph 2, point (b) shall be deleted;
3.
in Article 6, paragraph 1a, the third subparagraph shall be replaced by the following:
‘Sampling shall commence on the date on which the relevant limit for maximum sulphur content in the fuel comes into force. It shall be carried out with sufficient frequency, in sufficient quantities, and in such a way that the samples are representative of the fuel examined, and of the fuel being used by vessels while in relevant sea areas and ports.’.
Article 3
Repeal
Directive 93/12/EEC shall be repealed.
Article 4
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2010 at the latest.
They shall forthwith communicate to the Commission the text of those measures.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 5
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 6
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 23 April 2009.
|
[
0,
0,
0,
0,
0,
0,
0,
0,
1,
0,
0
] |
COMMISSION DECISION
of 27 September 2007
amending Decision 2006/779/EC as regards extending the period of application of that Decision
(notified under document number C(2007) 4459)
(Text with EEA relevance)
(2007/630/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (2), and in particular Article 9(4) thereof,
Whereas:
(1)
Commission Decision 2006/779/EC of 14 November 2006 concerning transitional animal health control measures relating to classical swine fever in Romania (3) was adopted in response to outbreaks of classical swine fever in Romania.
(2)
Decision 2006/779/EC applies for a period of nine months from the date of entry into force of the Treaty of Accession of Bulgaria and Romania. In the light of the disease situation of classical swine fever in Romania, it is appropriate to extend the period of application of Decision 2006/779/EC until 31 December 2009.
(3)
Decision 2006/779/EC should therefore be amended accordingly.
(4)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Article 7 of Decision 2006/779/EC is replaced by the following:
‘Article 7
Applicability
This Decision shall apply until 31 December 2009.’
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 September 2007.
|
[
0,
0,
0,
1,
0,
0,
1,
1,
0,
0,
0
] |
*****
COMMISSION REGULATION (EEC) No 1980/88
of 5 July 1988
amending Regulation (EEC) No 1383/88 with regard to control of the use of intervention butter intended for export to Bangladesh
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 a mistake was made in Article 10 of Commission Regulation (EEC) No 1383/88 of 20 May 1988 laying down special detailed rules for the sale of butter from intervention stock for export to Bangladesh in the form of butteroil or ghee and amending Regulation (EEC) No 1687/76 and (EEC) No 569/88 (3); whereas in fact when butter for processing is sent from one Member State to another the single administrative document is required and not the T 5 control copy; whereas Regulation (EEC) No 1383/88 should be corrected accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Point (a) in item 28 given in Article 10 (2) of Regulation (EEC) No 1383/88 is hereby amended as follows:
1. '- Section 104 of the T 5 control copy:' is replaced by the following point 1:
'1. Section 44 of the single administrative document or the most appropriate section of the document used:';
2. '- Section 106 of the T 5 control copy:' is deleted;
3. 'monetary compensatory amount' is replaced by '2. Monetary compensatory amount';
4. The following point 3 is added:
'3. Latest date for removal of the butter'.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communuties.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 1988.
|
[
0,
0,
0,
1,
0,
1,
0,
0,
0,
0,
0
] |
*****
COUNCIL DIRECTIVE
OF 14 NOVEMBER 1988
AMENDING DIRECTIVE 77/93/EEC ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMS HARMFUL TO PLANTS OF PLANT PRODUCTS
( 88/572/EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, AND IN PARTICULAR ARTICLE 43 THEREOF,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),
WHEREAS BY DIRECTIVE 77/93/EEC ( 4 ), AS LAST AMENDED BY DIRECTIVE 88/272/EEC ( 5 ), THE COUNCIL LAID DOWN PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS;
WHEREAS, HAVING REGARD TO DEVELOPMENTS SINCE THEN, CERTAIN OF ITS PROVISIONS SHOULD BE AMENDED;
WHEREAS THE SCOPE OF THE DIRECTIVE SHOULD BE CLARIFIED IN RESPECT OF "WOOD'; WHEREAS, IN PARTICULAR, IT IS USEFUL TO FOLLOW THE DETAILED DESCRIPTIONS OF "WOOD' SET OUT IN ANNEX I, PART II OF COUNCIL REGULATION ( EEC ) NO 2658/87 OF 23 JULY 1987 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3985/87 ( 7 );
WHEREAS THE RULES RELATING TO IMPORT INSPECTIONS IN INTRA-COMMUNITY TRADE SHOULD BE ADAPTED TO COMMUNITY CASE-LAW AND TO OTHER DEVELOPOMENTS, IN PARTICULAR TO THE INCREASED CONFIDENCE WHICH HAS BEEN PROGRESSIVELY ESTABLISHED BETWEEN MEMBER STATES REGARDING THE CORRECT OPERATION OF INSPECTION SYSTEMS IN THE CONSIGNOR MEMBER STATES;
WHEREAS MUTUAL INFORMATION ON INTERCEPTIONS SHOULD BE MADE MANDATORY;
WHEREAS THE RULES RELATING TO IMPORT INSPECTIONS IN THE CASE OF IMPORTS FROM THIRD COUNTRIES SHOULD BE COMPLETED BY PROVISIONS RELATING TO CONSIGNMENTS NOT DECLARED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS WHICH MUST BE SUBJECTED TO A PLANT HEALTH INSPECTION IN THE COUNTRY OF ORIGIN BEFORE BEING PERMITTED TO ENTER ANY OF THE MEMBER STATES,
HAS ADOPTED THIS DIRECTIVE :
ARTICLE 1
DIRECTIVE 77/93/EEC IS AMENDED AS FOLLOWS :
1 . ARTICLE 2 ( 2 ) IS REPLACED BY THE FOLLOWING :
"2 . PARAGRAPH 1 ( B ) AND THE OTHER PROVISIONS OF THIS DIRECTIVE, SAVE WHERE IT IS EXPRESSLY PROVIDED OTHERWISE, CONCERN WOOD ONLY IN SO FAR AS IT RETAINS ALL OR PART OF ITS NATURAL ROUND SURFACE, WITH OR WITHOUT BARK, OR AS IT IS IN THE FORM OF CHIPS, PARTICLES, SAWDUST, WOOD WASTE OR SCRAP .
SAVE FOR THE PURPOSE OF THE PROVISIONS RELATING TO ANNEX V, WOOD, WHETHER SATISFYING THE CONDITIONS REFERRED TO IN THE FIRST SUBPARAGRAPH OR NOT, IS ALSO CONCERNED WHERE IT IS IN THE FORM OF DUNNAGE, SPACERS, PALLETS OR PACKING MATERIAL WHICH ARE ACTUALLY IN USE IN THE TRANSPORT OF OBJECTS OF ALL KINDS, PROVIDED THAT IT PRESENTS A PLANT HEALTH RISK .'
2 . IN ARTICLE 11 ( 1 ), FIRST SENTENCE, THE FOLLOWING IS ADDED BEFORE THE WORDS "MEMBER STATES MAY ': WITHOUT PREJUDICE TO THE PROVISIONS OF PARAGRAPH 3 '.
3 . IN ARTICLE 11 ( 1 ), THE FOLLOWING IS ADDED AFTER ( D )
"( E ) THEY ARE NECESSARY TO CHECK THE IDENTITY OF THE DECLARED PLANTS, PLANT PRODUCTS OR OTHER OBJECTS . THEY ARE NOT NECESSARY WHERE OFFICIAL MEASURES SUCH AS OFFICIAL SEALING OF THEIR PACKAGING OR OFFICIALLY APPROVED AND SUPERVISED EQUIVALENT SAFEGUARDS HAVE BEEN TAKEN IN THE FORWARDING MEMBER STATE TO ENSURE THE IDENTITY : IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16, OR, IN URGENT CASES, WITH THAT LAID DOWN IN ARTICLE 17, IT MAY BE ESTABLISHED WHETHER A SPECIFIC PRACTICE IS AN EQUIVALENT SAFEGUARD OR NOT .'
4 . ARTICLE 11 ( 2 ) IS REPLACED BY THE FOLLOWING :
"2 . THEY SHALL NOT REQUIRE ANY ADDITIONAL DECLARATION ON THE CERTIFICATES REFERRED TO IN ARTICLE 4, 5, 7, 8 OR 9 .
IN THE CASE OF PLANTS, PLANT PRODUCTS OR OTHER OBJECTS ORIGINATING IN NON-MEMBER COUNTRIES, AND TO THE EXTENT THAT MEMBER STATES APPLY THE SAME PLANT HEALTH REQUIREMENTS PURSUANT TO ARTICLES 3 AND 5 IN RESPECT OF THE INTRODUCTION OF SUCH PLANTS, PLANT PRODUCTS OR OTHER OBJECTS INTO THEIR RESPECTIVE TERRITORIES, A MEMBER STATE WHICH INTRODUCES THEM FROM ANOTHER MEMBER STATE SHALL NOT REQUIRE THAT THE CERTIFICATES BEAR ADDITIONAL DECLARATIONS NOT REQUIRED BY THE MEMBER STATE WHICH FIRST INTRODUCED THEM INTO THE COMMUNITY, OR THAT AN ADDITIONAL DECLARATION DRAWN UP IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY HAS A WORDING WHICH IS DIFFERENT FROM THAT REQUIRED BY THAT MEMBER STATE .'
5 . IN ARTICLE 11 ( 3 ), FIRST SUBPARAGRAPH, "WITH REGARD TO FRUIT AND VEGETABLES AND POTATOES', IS DELETED AND "THE OFFICIAL CHECK ON IDENTITY AND THE REQUIREMENTS PERMITTED UNDER PARAGRAPH 1' IS REPLACED BY "THE MEASURES PERMITTED UNDER THE SECOND SENTENCE OF PARAGRAPH 1 '.
6 . IN ARTICLE 11 ( 3 ), SECOND SUBPARAGRAPH, FIRST SENTENCE, "OFFICIAL INSPECTIONS OF FRUIT AND VEGETABLES AND POTATOES OTHER THAN SEED POTATOES' IS REPLACED BY "OFFICIAL PHYTOSANITARY INSPECTIONS INCLUDING IDENTITY CHECKS '.
7 . IN ARTICLE 11 ( 3 ), THE SECOND SUBPARAGRAPH IS SUPPLEMENTED BY THE FOLLOWING :
"MEMBER STATES SHALL TAKE THE APPROPRIATE STEPS TO ENSURE THAT THE CARRYING-OUT OF THESE INSPECTIONS AT THE BORDER IS PROGRESSIVELY REDUCED, SAVE IN CASES SPECIFIED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 . THEY SHALL BE CARRIED OUT EITHER AT THE PLACE OF DESTINATION OF THE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS, OR AT ANOTHER DESIGNATED PLACE INSTEAD, PROVIDED THAT THE ROUTING OF THE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS IS INTERFERED WITH AS LITTLE AS POSSIBLE .'
8 . IN ARTICLE 11, THE FOLLOWING PARAGRAPH 6 IS ADDED .
"6 . MEMBER STATES SHALL ENSURE THAT THEIR PLANT PROTECTION ORGANIZATION INFORMS THAT OF THE FORWARDING MEMBER STATE OF ALL CASES WHERE PLANTS, PLANT PRODUCTS OR OTHER OBJECTS COMING FROM THE MEMBER STATE HAVE BEEN INTERCEPTED AS BEING SUBJECT TO PROHIBITIONS OR RESTRICTIONS RELATING TO PLANT-HEALTH MEASURES . THIS INFORMATION IS WITHOUT PREJUDICE TO THE MEASURES WHICH THE FIRST MENTIONED PLANT PROTECTION ORGANIZATION MAY DEEM NECESSARY TO TAKE IN RESPECT OF THE INTERCEPTED CONSIGNMENT, AND SHALL BE GIVEN AS SOON AS POSSIBLE SO THAT THE PLANT PROTECTION ORGANIZATIONS CONCERNED MAY STUDY THE CASE WITH A VIEW, IN PARTICULAR, TO TAKING THE STEPS NECESSARY TO PREVENT FURTHER, SIMILAR OCCURENCES AND, WHERE APPROPRIATE AND IN SO FAR AS
POSSIBLE, TAKING SUCH MEASURES IN RESPECT OF THE INTERCEPTED CONSIGNMENT WHICH ARE ADEQUATE TO THE RISK LEVEL RELATED TO THE CASE . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 A STANDARDIZED INFORMATION SYSTEM MAY BE SET UP .'
9 . IN ARTICLE 12, THE FOLLOWING PARAGRAPH IS INSERTED :
"3 ( A ) MEMBER STATES MAY ALSO LAY DOWN THAT CONSIGNMENTS COMING FROM THIRD COUNTRIES, WHICH ARE NOT DECLARED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS LISTED IN ANNEX V, SHALL BE OFFICIALLY INSPECTED, WHERE THERE IS SERIOUS REASON TO BELIEVE THAT THERE HAS BEEN AN INFRINGEMENT OF THE RULES IN THIS RESPECT .
IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16
_ THE CASES MAY BE SPECIFIED IN WHICH SUCH INSPECTIONS SHALL BE CARRIED OUT,
_ THE METHODS FOR SUCH INSPECTIONS MAY BE LAID DOWN .
IF, AT THE OUTCOME OF THE INSPECTION, DOUBTS REMAIN IN RESPECT OF THE IDENTIFY OF THE CONSIGNMENT, IN PARTICULAR CONCERNING GENUS, SPECIES OR ORIGIN, THE CONSIGNMENT SHALL BE CONSIDERED TO CONTAIN PLANTS, PLANT PRODUCTS OR OTHER OBJECTS LISTED IN ANNEX V .'
10 . IN ANNEX IV, PART A, THE FOLLOWING POINT SHALL BE INSERTED :
1.2"6 ( B ) WOOD IN THE FORM OF CHIPS, PARTICLES, WOOD WASTE OR SCRAP AND OBTAINED IN WHOLE OR PART FROM ONE OR MORE OF THE GENERA OR SPECIES REFERRED TO IN ANNEX V ( 4 ) ( B ), ORIGINATING IN NON-EUROPEAN COUNTRIES .
THE PRODUCT HAS BEEN PRODUCED EXCLUSIVELY FROM WOOD WHICH WAS STRIPPED OF ITS BARK OR WHICH HAS UNDERGONE EITHER KILN-DRYING TO BELOW 20 % MOISTURE CONTENT, EXPRESSED AS A PERCENTAGE OF DRY MATTER AT TIME OF MANUFACTURE, ACHIEVED THROUGH AN APPROPRIATE TIME/TEMPERATURE SCHEDULE OR FUMIGATION, AND IS SHIPPED IN SEALED CONTAINERS OR IN SUCH A WAY AS TO PREVENT ANY RE-INFESTATION .' // //
11 . IN ANNEX V, PARAGRAPH 4 IS REPLACED BY THE FOLLOWING :
"4 . WOOD WITHIN THE MEANING OF ARTICLE 2 ( 2 ), FIRST SUBPARAGRAPH, WHERE IT
( A ) MEETS ONE OF THE FOLLOWING DESCRIPTIONS LAID DOWN IN ANNEX I PART II OF COUNCIL REGULATION ( EEC ) NO 2658/87 OF 23 JULY 1987 ON THE TARIFF AND STATISTICAL NOMENCLATURE AND ON THE COMMON CUSTOMS TARIFF ( 1 ).
1.2CN CODE
DESCRIPTION
4401 10
_ FUEL WOOD, IN LOGS, IN BILLETS, IN TWIGS, IN FAGGOTS OR IN SIMILAR FORMS
EX 4401 21
_ WOOD IN CHIPS OR PARTICLES : //
_ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES
4401 22
_ WOOD IN CHIPS OR PARTICLES : //
_ NON-CONIFEROUS
EX 4401 30
_ WOOD WASTE AND SCRAP, NOT AGGLOMERATED IN LOGS, BRIQUETTES, PELLETS OR SIMILAR FORMS
EX 4403 20
WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED : //
_ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIVES, CONIFEROUS ORIGINATING IN NON-EUROPEAN COUNTRIES
4403 91
WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED : //
_ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIONS : //
_ OF OAK ( QUERCUS SPP .)
4403 99
WOOD IN THE ROUGH, WHETHER OR NOT STRIPPED OF BARK OR SAPWOOD, OR ROUGHLY SQUARED : //
_ OTHER THAN TREATED WITH PAINT, STAINS, CREOSOTE OR OTHER PRESERVATIVES; //
_ OTHER THAN CONIFEROUS, OF OAK ( QUERCUS SPP .) OR OF BEECH ( FAGUS SPP .)
EX 4404 10
SPLIT POLES; PILES, PICKETS AND STAKES OF WOOD, POINTED BUT NOT SWAN LENGTHWISE : //
_ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES
EX 4404 20
SPLIT POLES; PILES, PICKETS AND STAKES OF WOOD, POINTED BUT NOT SAWN LENGTHWISE : //
_ NON-CONIFEROUS
4406 10
RAILWAY OR TRAMWAY SLEEPERS ( CROSS-TIES ) OF WOOD : //
_ NOT IMPREGNATED
EX 4407 10
WOODS SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS : //
_ CONIFEROUS, ORIGINATING IN NON-EUROPEAN COUNTRIES
CN CODE
DESCRIPTION
EX 4407 91
WOOD SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS : //
_ OF OAK ( QUERCUS SPP .)
EX 4407 99
WOOD SAWN OR CHIPPED LENGTHWISE, SLICED OR PEELED, NOT PLANED, SANDED OR FINGER-JOINTED, OF A THICKNESS EXCEEDING 6 MM, IN PARTICULAR BEAMS, PLANKS, FLITCHES, BOARDS, LATHS : //
_ OTHER THAN CONIFEROUS, OF TROPICAL WOODS, OF OAK ( QUERCUS SPP .) OR OF BEECH ( FAGUS SPP .)
EX 4415 10
PACKING CASES, CRATES AND DRUMS OF WOOD ORIGINATING IN NON-EUROPEAN COUNTRIES
EX 4415 20
PALLETS, BOX PALLETS AND OTHER LOAD BOARDS, OF WOOD ORIGINATING IN NON-EUROPEAN COUNTRIES
EX 4416 00
BARRELS OF WOOD, INCLUDING STAVES, OF OAK ( QUERCUS SPP .) // //
( B ) AND HAS BEEN OBTAINED IN WHOLE OR PART FROM ONE OF THE GENERAL OR SPECIES AS DESCRIBED HEREAFTER :
_ CASTANEA, QUERCUS, ALSO IN CASES WHERE THE WOOD DOES NOT RETAIN PART OF ITS NATURAL ROUND SURFACE,
_ PLATANUS
_ CONIFERAE, ORIGINATING IN NON-EUROPEAN COUNTRIES,
_ POPULUS, ORIGINATING IN COUNTRIES OF THE AMERICAN CONTINENT,
_ ACER SACCHARUM, ORIGINATING IN THE UNITED STATES OF AMERICA .
WOOD WHICH MEETS THE DESCRIPTIONS REFERRED TO IN ( A ) IN CN CODE 4401 10, EX 4404 10, EX 4407 10, EX 4415 10 OR EX 4415 20 AND HAS BEEN OBTAINED IN WHOLE FROM CONIFERAE IS EXEMPTED, WHERE
_ THERE IS EVIDENCE THAT IT SATISFIES AN INTERNATIONALLY RECOGNIZED STANDARD OR BELONGS TO A COMMERCIAL GRADE, NOT ALLOWING ANY TOLERANCE FOR BARK, OR
_ THERE IS EVIDENCE BY A MARK "KILN-DRIED", "K.D ." OR ANOTHER INTERNATIONALLY RECOGNIZED MARK, PUT ON THE WOOD OR ON ITS PACKAGING IN ACCORDANCE WITH CURRENT COMMERCIAL USAGE AND SUPPORTED BY APPROPRIATE ACCOMPANYING DOCUMENTS, THAT IT HAS UNDERGONE KILN-DRYING TO BELOW 20 % MOISTURE CONTENT, EXPRESSED AS A PERCENTAGE OF DRY MATTER, AT TIME OF MANUFACTURE, ACHIEVED THROUGH AN APPROPRIATE TIME-TEMPERATURE SCHEDULE,
OR
_ THERE IS EVIDENCE THAT THE WOOD HAS BEEN ADEQUATELY IMPREGNATED WITH AN EFFECTIVE WOOD PRESERVATICE PERMITTED IN THE COMMUNITY .
PALLETS AND BOX PALLETS ( CN CODE EX 4415 20 ) ARE ALSO EXEMPTED WHERE THEY SATISFY THE STANDARD SET UP FOR "UIC _ PALLETS" AND ARE MARKED ACCORDINGLY .
( 1 ) OJ NO L 256, 7 . 9 . 1987, P . 1 '.
ARTICLE 2
1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS, REGULATIONS FOR ADMINISTRATIEVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE BY 1 JANUARY 1989 AT THE LATEST .
2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE MAIN PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD GOVERNED BY THIS DIRECTIVE . THE COMMISSIN SHALL INFORM THE OTHER MEMBER STATES THEREOF .
ARTICLE 3
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS, 14 NOVEMBER 1988 .
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 2992/95 of 19 December 1995 modifying Regulation (EEC) No 1863/90 laying down detailed rules for the application of Council Regulation (EEC) No 4045/89 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4045/89 (1) of 21 December 1989 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC, as last amended by Regulation (EC) No 3235/94 (2), and in particular Article 19 thereof,
Whereas Regulation (EC) No 4045/89 requires Member States to send to the Commission a detailed annual report on the application of the Regulation, an annual programme of scrutinies, and a list of undertakings established in a third country for which payments have or should have been made or received, and to send to Member States concerned as well as to the Commission a list of undertakings established in a Member State other than that in which payments have or should have been made or received;
Whereas the standardization of the form and content of such communications would facilitate their use and ensure a uniformity of approach;
Whereas it is therefore appropriate to adopt detailed rules as to their form and content;
Whereas Regulation (EEC) No 1863/90 (3) of the Commission laying down detailed rules for the application of Regulation (EEC) No 4045/89 should therefore be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Fund Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1863/90 is amended as follows:
1. Article 1 is replaced by the following text:
'Article 1 This Regulation lays down detailed rules for the application of Regulation (EEC) No 4045/89.`;
2. The following title and subtitle are inserted before Article 2:
'TITLE I The system of Community financing`;
3. The following title, subtitle and Articles are added after Article 4:
'TITLE II The content of documents Article 4a 1. The annual report referred to in Article 9 (1) of Regulation (EEC) No 4045/89 shall contain detailed information on at least each of the aspects of the application of Regulation (EEC) No 4045/89 listed in Annex II of this Regulation, set out in clearly identified sections under the headings referred to.
2. The annual programme of scrutinies referred to in Article 10 of Regulation (EEC) No 4045/89 shall be drawn up in accordance with the specimen form set out in Annex III.
3. The list of undertakings referred to in Article 7 (2) of Regulation (EEC) No 4045/89 shall be drawn up in accordance with the specimen form set out in Annex IV.
4. The list of undertakings referred to in Article 7 (3) of Regulation (EEC) No 4045/89 shall be drawn up in accordance with the specimen form set out in Annex V.
5. A request by a Member State for a priority inspection of an undertaking in another Member State, as referred to in Articles 7 (2) and 7 (4) of Regulation (EEC) No 4045/89, shall be drawn up in accordance with the specimen form set out in Annex VI.
Article 4b The information to be submitted under Article 4a may be communicated in documentary form or on computer file in a format to be agreed between the sender and the recipient.` 4. The Annex shall be numbered Annex I, and Annexes A, B, C, D and E to the present Regulation shall be added as Annexes II to VI respectively.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1995.
|
[
0,
0,
1,
0,
0,
0,
0,
0,
0,
0,
0
] |
COUNCIL REGULATION (EC) No 1267/1999
of 21 June 1999
establishing an Instrument for Structural Policies for Pre-accession
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Having regard to the opinion of the Committee of the Regions(4),
(1) Whereas the conclusions of the Luxembourg European Council of 12 and 13 December 1997 provide for an enhanced pre-accession strategy for the applicant countries of central and eastern Europe, and a specific pre-accession strategy for Cyprus;
(2) Whereas the conclusions of the Luxembourg European Council of 12 and 13 December 1997 provide that the assistance provided for in this Regulation is to be granted for the time being to the 10 applicant countries of central and eastern Europe;
(3) Whereas Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(5), provides that those partnerships are to comprise a single framework for the priority areas and all available resources for pre-accession assistance;
(4) Whereas the pre-accession strategy includes provision for an Instrument for Structural Policies for Pre-accession (ISPA), which will be directed towards aligning applicant countries on Community infrastructure standards and provide a financial contribution for environmental measures, and transport infrastructure measures;
(5) Whereas assistance from the Community under ISPA, together with assistance from the Community under Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to the Republic of Hungary and the Polish People's Republic(6), and assistance from the Community under Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agricultural and rural development in the applicant countries of central and eastern Europe in the pre-accession period(7) is to be coordinated within the framework of Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(8) and to be subject to the conditionality provisions of Regulation (EC) No 622/98 and of the individual decisions on Accession Partnerships;
(6) Whereas an equal balance should be the aim between financing for transport infrastructure measures and financing for environmental measures, taking into account the specific situations in the beneficiary countries;
(7) Whereas the Community assistance under ISPA should facilitate the implementation by the applicant countries of the acquis communautaire in the field of the environment and contribute to sustainable development in these countries;
(8) Whereas Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network(9) describes the criteria for projects of common interest, which should be used, where appropriate, for selecting the measures eligible under this Regulation;
(9) Whereas the Transport Infrastructure Needs Assessment (TINA) initiated by the Council should facilitate the process of selecting priority measures for developing a pan-European transport network during the pre-accession period;
(10) Whereas provision should be made for the Commission to make an indicative allocation of the total resources from the Community under ISPA available for commitment between the applicant countries in order to facilitate the preparation of measures;
(11) Whereas paragraph 17 of the conclusions of the Luxembourg European Council of 12 and 13 December 1997 provides that financial support to the countries involved in the enlargement process will be based, in the allocation of aid, on the principle of equal treatment, independently of time of accession, with particular attention being paid to countries with the greatest need;
(12) Whereas the rates of assistance provided from the Community under ISPA should be set in order to strengthen the leverage effect of resources, promote co-financing and the use of private sources of finance and to take account of the capacity of measures to generate substantial net revenue;
(13) Whereas, as regards Community assistance, maximum transparency must be ensured in the implementation of financial assistance, and stringent controls must be applied to the use of appropriations;
(14) Whereas, in the interest of the proper management of Community assistance granted under ISPA, provision should be made for effective methods of appraising, monitoring, evaluating and controlling operations, specifying the principle governing the evaluation, defining the nature of and the rules governing the monitoring, and laying down the action to be taken in response to irregularities or failures to comply with one of the conditions laid down when assistance under ISPA was granted;
(15) Whereas, during the transitional period from 1 January 1999 until 31 December 2001, each reference made to the euro should as a general rule also be read as a reference to the euro as a monetary unit as in Article 2, second sentence, of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(10);
(16) Whereas for the purpose of the implementation of this Regulation the Commission should be assisted by a management committee;
(17) Whereas the implementation of the measures provided for by this Regulation will help to achieve the Community's aims; whereas the Treaty does not provide, for the adoption of this Regulation, powers other than those of Article 308,
HAS ADOPTED THIS REGULATION:
Article 1
Definition and objective
1. The Instrument for Structural Policies for Pre-accession, hereinafter referred to as "ISPA" is hereby established.
ISPA shall provide assistance to contribute to the preparation for accession to the European Union of the following applicant countries: Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia, hereinafter referred to as the "beneficiary countries", in the area of economic and social cohesion, concerning environment and transport policies in accordance with the provisions of this Regulation.
2. The Community assistance granted under ISPA shall contribute to the objectives laid down in the Accession Partnership for each beneficiary country and to corresponding national programmes for the improvement of the environment and of transport infrastructure networks.
Article 2
Eligible measures
1. The Community assistance financed under ISPA shall include projects, stages of a project which are technically and financially independent, groups of projects or project schemes in the field of environment or transport, hereinafter referred to collectively as "measures". A stage of a project may also cover preliminary, feasibility and technical studies needed for carrying out a project.
2. The Community shall provide assistance under ISPA in the light of the objectives mentioned in Article 1 for the following:
(a) environmental measures enabling the beneficiary countries to comply with the requirements of Community environmental law and with the objectives of the Accession Partnerships;
(b) transport infrastructure measures which promote sustainable mobility, and in particular those that constitute projects of common interest based on the criteria of Decision No 1692/96/EC and those which enable the beneficiary countries to comply with the objectives of the Accession Partnerships; this includes interconnection and interoperability of national networks as well as with the trans-European networks together with access to such networks.
Measures shall be of a sufficient scale to have a significant impact in the field of environmental protection or in the improvement of transport infrastructure networks. The total cost of each measure shall in principle not be less than EUR 5 million. In duly justified cases, taking into account the specific circumstances concerned, the total cost of a measure may be less than EUR 5 million.
3. A balance shall be struck between measures in the field of the environment and measures relating to transport infrastructure.
4. Assistance may also be granted for:
(a) preliminary studies related to eligible measures, including those necessary for their implementation, and
(b) technical support measures, including information and publicity actions, particularly:
(i) horizontal measures such as comparative studies to assess the impact of Community assistance;
(ii) measures and studies which contribute to the appraisal, monitoring, evaluation or control of projects and to strengthening and ensuring the coordination and consistency of projects with the Accession Partnerships, and
(iii) measures and studies to ensure effective project management and implementation and to make any necessary adjustments.
Article 3
Financial resources
Community assistance under ISPA shall be granted during the period from 2000 to 2006.
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.
Article 4
Indicative allocation
An indicative allocation between beneficiary countries of the total Community assistance under ISPA shall be made by the Commission, acting in accordance with the procedure laid down in Article 14, on the basis of the criteria of population, per capita GDP in purchasing power parities and surface area.
This allocation may be adjusted to take account of the performance in previous years of each of the beneficiary countries in implementing ISPA measures. Due account shall also be taken of the countries' respective deficiencies in environment and transport infrastructure.
Article 5
Compatibility with Community policies
1. Measures financed by the Community under ISPA shall comply with the provisions set out in the Europe Agreements, including the implementing rules for the application of the provisions on State aids, and shall contribute to the achievement of Community policies, particularly those concerning environmental protection and improvement, transport and trans-European networks.
2. The Commission shall ensure coordination and consistency between measures undertaken pursuant to this Regulation and measures undertaken with contributions from the Community budget, including contributions from Community initiatives for cross-border transnational and interregional cooperation, the operations of the European Investment Bank (EIB), including through its pre-accession facility as well as the other financial instruments of the Community and inform the Committee established under Article 14 hereof.
3. The Commission shall seek coordination and consistency between measures undertaken in the beneficiary countries pursuant to this Regulation and the operations of the European Bank for Reconstruction and Development (EBRD), the World Bank and other such financial institutions and inform the Committee established under Article 14 hereof.
Article 6
Forms and rate of assistance
1. Community assistance under ISPA may take the form of non-repayable direct assistance, repayable assistance or any other form of assistance.
Assistance repaid to the managing authority or to another public authority shall be reapplied for the same purpose.
2. The rate of Community assistance granted under ISPA may be up to 75 % of public or equivalent expenditure, including expenditure by bodies whose activities are undertaken within an administrative or legal framework by virtue of which they are regarded as equivalent to public bodies. The Commission may decide, in accordance with the procedure laid down in Article 14, to increase this rate to up to 85 %, in particular where it considers that a rate higher than 75 % is required for realising projects essential for achieving the general objectives of ISPA.
Save in the case of repayable assistance or when there is a substantial Community interest, the rate of assistance shall be reduced to take into account:
(a) the availability of co-financing;
(b) the measure's capacity to generate revenues, and
(c) an appropriate application of the polluter-pays principle.
3. Measures which generate revenues in accordance with paragraph 2(b) shall be those concerning:
(a) infrastructure the use of which involves fees borne by users;
(b) productive investments in the environment sector.
4. Preliminary studies and technical support measure, may be financed exceptionally at 100 % of the total cost.
Total expenditure carried out at the Commission's initiative or on behalf of the Commission pursuant to this paragraph may not exceed 2 % of the total allocation to ISPA.
Article 7
Appraisal and approval of measures
1. The Commission shall adopt decisions on the measures to be financed under ISPA in accordance with the procedure laid down in Article 14.
2. The beneficiary countries shall submit applications for assistance to the Commission. However, the Commission may grant assistance pursuant to Article 2(4) on its own initiative, where there is an overriding Community interest.
3. Applications shall contain:
(a) the information set out in Annex I;
(b) all relevant information proving that the measures comply with this Regulation and with the criteria set out in Annex II, and in particular that there are medium-term economic and social benefits commensurate with the resources deployed.
4. On receipt of an application for assistance and before approving a measure, the Commission shall carry out a thorough appraisal in order to assess the measure's compliance with the criteria set out in Annex II.
5. Commission decisions approving measures shall determine the amount of financial assistance and lay down a financing plan together with all the provisions and conditions necessary for the implementation of the measures.
6. The combined assistance under ISPA and other Community aid for a measure shall not exceed 90 % of the total expenditure relating to that measure.
7. The Commission shall adopt common rules for the eligibility of expenditure in accordance with the procedure laid down in Article 14.
Article 8
Commitments and payments
1. The Commission shall implement expenditure under ISPA in accordance with the Financial Regulation applicable to the general budget of the European Communities on the basis of the financing memorandum to be drawn up between the Commission and the beneficiary country.
However, annual budgetary commitments in respect of assistance granted to measures shall be carried out in one of the following two ways:
(a) commitments in respect of the measures referred to in Article 2(2) to be carried out over a period of two or more years shall, as a general rule and subject to point (b), be effected in annual instalments.
The commitments in respect of the first annual instalment shall be made when the financing memorandum is drawn up. Commitments in respect of subsequent annual instalments shall be based on the initial or revised financing plan for the measure and in principle be granted at the start of each financial year and at the latest by 1 April of the year in question according to forecast expenditure for this year;
(b) for measures with a duration of less than two years or for which the Community assistance does not exceed EUR 20 million a first commitment of up to 80 % of the assistance granted may take place when the financing memorandum is drawn up. The remainder will be committed subject to the state of the implementation of the measure.
2. Except in duly justified cases, assistance granted to a measure where substantial work has not begun within the specified contractual period shall be cancelled.
3. Payments of financial assistance for measures may take the form either of advances or of intermediate payments or payments of balances in respect of expenditure certified and actually paid.
The Commission shall adopt detailed rules on payments in accordance with the procedure laid down in Article 14.
4. The details of the payment mechanism for measures shall be laid down in the financing memorandum with each beneficiary country.
Article 9
Management and control
1. The Commission shall require the beneficiary countries:
(a) to establish as from 1 January 2000 and in any event not later than 1 January 2002, management and control systems which ensure:
(i) the proper implementation of the assistance granted under this Regulation in accordance with the principles of sound financial management,
(ii) the separation of the functions of management and control,
(iii) that expenditure declarations presented to the Commission are accurate and emanate from accounting systems based on supporting documents which are open to verification;
(b) to verify on a regular basis that the measures financed by the Community have been properly carried out;
(c) to prevent irregularities and take action against them;
(d) to recover any amounts lost as a result of irregularity or negligence.
2. Without prejudice to checks carried out by beneficiary countries, the Commission and the Court of Auditors may, through their own staff or duly authorised representatives, carry out on-the-spot technical or financial audits, including sample checks and final audits.
3. The detailed implementing provisions of the principles established in paragraphs 1 and 2 shall be contained in the financing memorandum, together with arrangements for cooperation and for coordination of programming and methodology of control between the Commission and the beneficiary country. The Commission shall inform the Committee established under Article 14 hereof.
4. The financing memorandum shall also contain provisions concerning the reduction, suspension and cancellation of assistance where the implementation of a measure does not justify either a part or the whole of the assistance allocated.
5. In implementing this Regulation, the Commission shall ensure that the principles of sound financial management are adhered to, with particular reference to the elements set out in Annex III.
Article 10
Use of the euro
1. The amounts in the applications for assistance, together with the relevant financing plan, shall be expressed in euro.
2. The amounts of assistance and the financing plans approved by the Commission shall be expressed in euro.
3. Declarations of expenditure in support of the corresponding payment applications shall be expressed in euro.
4. Payments of financial assistance by the Commission shall be made in euro to the authority designated by the beneficiary country to receive such payments.
Article 11
Monitoring and ex-post evaluation
The beneficiary countries and the Commission shall ensure that the implementation of measures under this Regulation is monitored and evaluated in accordance with the provisions in Annex IV.
Article 12
Annual report
The Commission shall present an annual report on Community assistance granted under ISPA to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions. The annual report shall contain the information set out in Annex V.
The European Parliament shall deliver an opinion on the report within three months. The Commission shall report on the manner in which that opinion has been taken into account.
The Commission shall ensure that the beneficiary countries are regularly informed of the activities of ISPA.
Article 13
Information and publicity
1. The beneficiary countries responsible for implementing measures for which the Community has granted financial assistance under ISPA shall ensure that adequate publicity is given to the measure with a view to:
(a) making the general public aware of the role played by the Community in relation to the measures;
(b) making potential beneficiaries and professional organisations aware of the possibilities afforded by the measures.
Beneficiary countries shall ensure, in particular, that directly visible display panels are erected showing that the measures are being co-financed by the Community, together with the Community logo, and that representatives of the Community institutions are duly involved in the most important public activities connected with Community assistance granted under ISPA.
They shall inform the Commission annually of the initiatives taken under this paragraph.
2. The Commission shall adopt detailed rules on information and publicity acting in accordance with the procedure laid down in Article 14.
It shall inform the European Parliament thereof and shall publish them in the Official Journal of the European Communities.
Article 14
Committee
1. The Commission shall be assisted by a Management committee composed of the representatives of the Member States and chaired by the representative of the Commission, hereinafter referred to as "the Committee". The European Investment Bank shall appoint a non-voting representative.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chairman may lay down, according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt measures which shall apply immediately.
(b) However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event:
- the Commission shall defer application of the measures which it has decided for a period to be laid down in each act adopted by the Council but which may in no case exceed three months from the date of communication,
- the Council, acting by a qualified majority, may take a differnet decision within the time-limit referred to in the preceding indent.
4. The Committee may examine any question relating to the implementation of this Regulation which is put to it by its Chairman, including at the request of the representative of a Member State.
5. The Committee shall adopt its rules of procedure by a qualified majority.
Article 15
Reallocation of resources
On accession to the European Union, a country shall lose its entitlement to support under this Regulation. Resources made available as a result of an applicant country acceding to the European Union shall be reallocated to other applicant countries listed in Article 1(1). Reallocation shall be based on applicant countries' need and capacity for absorbing assistance and on the criteria laid down in Article 4.
The Council, acting by qualified majority on a proposal from the Commission, shall take a decision outlining the general approach for reallocation.
In the light of the decision referred to in the second paragraph by the Council, the Commission shall decide on the reallocation of available resources among the other beneficiaries in accordance with the procedure laid down in Article 14.
Article 16
Final and transitional provisions
The Council, acting on a proposal from the Commission, shall re-examine this Regulation by 31 December 2006. It shall act on the proposal in accordance with the procedure laid down in Article 308 of the Treaty.
Article 17
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 21 June 1999.
|
[
0,
0,
0,
0,
0,
1,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 395/2004
of 2 March 2004
initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 964/2003 on imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in the People's Republic of China by imports of certain tube or pipe fittings, of iron or steel, consigned from Sri Lanka, whether declared as originating in Sri Lanka or not 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(1) (the "basic Regulation"), and in particular Article 13(3) and Article 14(3) and (5) thereof,
After having consulted the Advisory Committee,
Whereas:
A. REQUEST
(1) The Commission has received a request pursuant to Article 13(3) of Regulation (EC) No 384/96 to investigate the possible circumvention of the anti-dumping measures imposed on imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in the People's Republic of China.
(2) The request was lodged on 20 January 2004 by the Defence Committee of the Steel Butt-Welding Fittings Industry of the European Union on behalf of four Community producers.
B. PRODUCT
(3) The product concerned by the possible circumvention is tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, normally declared under CN codes ex 7307 93 11 (TARIC code 7307 93 11 94 ), ex 7307 93 19 (TARIC code 7307 93 19 94 ), ex 7307 99 30 (TARIC code 7307 99 30 94 ) and ex 7307 99 90 (TARIC code 7307 99 90 94 ) (the "product concerned"). These codes are given for information only.
(4) The product under investigation is certain tube or pipe fittings, of iron or steel, consigned from Sri Lanka (the "product under investigation") normally declared under the same codes as the product concerned.
C. EXISTING MEASURES
(5) The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 964/2003(2).
D. GROUNDS
(6) The request contains sufficient prima facie evidence that the anti-dumping measures on imports of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China are being circumvented by means of transhipment and incorrect declaration of origin via Sri Lanka of certain tube or pipe fittings, of iron or steel.
(7) The evidence submitted is as follows:
The request shows that a significant change in the pattern of trade involving exports from the People's Republic of China and Sri Lanka to the Community has taken place following the imposition of 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.
This change in the pattern of trade appears to stem from the transhipment and incorrect declaration of origin of certain tube or pipe fittings, of iron or steel, originating in the People's Republic of China via Sri Lanka.
Furthermore, the request contains sufficient evidence that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined in terms of quantities. Significant volumes of imports of certain tube or pipe fittings, of iron or steel, from Sri Lanka appear to have replaced imports of the product concerned originating in the People's Republic of China.
Finally, the request contains sufficient evidence that the prices of certain tube or pipe fittings, of iron or steel, are dumped in relation to the normal value previously established for the product concerned.
Should circumvention practices via Sri Lanka covered by Article 13 of the basic Regulation other than transhipment and incorrect declaration of origin 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 certain tube or pipe fittings, of iron or steel, consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, 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 Sri Lanka, the exporters/producers and to the associations of exporters/producers in the People's Republic of China, to the importers and to the associations of importers in the Community which cooperated in the investigation that lead to the existing measures and to the authorities of the People's Republic of China and Sri Lanka. 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 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 the People's Republic of China and Sri Lanka will be notified of the initiation of the investigation.
(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 registration of imports 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 the importation does not constitute circumvention.
(14) The possible circumvention takes place outside the Community. Article 13 of the basic Regulation is aiming at countering circumvention practices without affecting operators which can prove that they are not involved in such practices, but it does not contain a specific provision providing for the treatment of producers in the country concerned which could establish that they are not involved in circumvention practices. Therefore, it appears necessary to introduce a possibility for producers concerned to request an exemption from the registration of imports of their exported products or from measures on these imports.
(15) Producers wishing to obtain an exemption should apply for it and submit any requested questionnaire reply within the appropriate time limits, in order for it to be established that they are not circumventing the antidumping duties within the meaning of Article 13(1) of the basic Regulation. Importers could still benefit from exemption from registration or measures to the extent that their imports are from producers which are granted such an exemption, and in accordance with Article 13(4).
F. REGISTRATION
(16) 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 the registration of such imports consigned from Sri Lanka.
G. TIME LIMITS
(17) 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,
- interested parties may make a written request to be heard by the Commission.
(18) 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
(19) In cases in which any interested party refuses access to or otherwise does not provide necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
(20) Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of facts available. If an interested party does not cooperate or cooperates only partially, and findings are therefore based on facts available in accordance with article 18, the result may be less favourable 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 tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, falling within CN codes ex 7307 93 11 (TARIC code 7307 93 11 94 ), ex 7307 93 19 (TARIC code 7307 93 19 94 ), ex 7307 99 30 (TARIC code 7307 99 30 94 ) and ex 7307 99 90 (TARIC code 7307 99 90 94 ), consigned from Sri Lanka, whether originating in Sri Lanka or not, are circumventing the measures imposed by Council Regulation (EC) No 964/2003.
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 manufactured by producers 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 from 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. Interested parties may also apply to be heard by the Commission within the same 40 day time limit.
4. Any information relating to the matter, any request for a hearing or for a questionnaire as well as any request for authorisation of certificates of non-circumvention must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone, fax and/or telex 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 B
J-79 5/16
B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877
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, 2 March 2004.
|
[
0,
1,
0,
1,
1,
0,
0,
0,
0,
0,
0
] |
COUNCIL REGULATION (EEC) No 1341/86 of 6 May 1986 on the transfer to the Italian intervention agency of butter held by the intervention agencies of other Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1335/86 (2), and in particular Article 12 (2) thereof, Having regard to Council Regulation (EEC) No 725/70 of 21 April 1970 on the financing of the common agricultural policy (3), as last amended by Regulation (EEC) No 3509/80 (4), and in particular Article 3 (2) thereof, Having regard to the proposal from the Commission (5), Whereas large stocks of butter on the Community market are held in certain Member States only; whereas Italy holds none because of the particular nature of its milk production and consumer habits; Whereas new measures to improve the disposal of public stocks of butter have been adopted at Community level; whereas Italy offers potential outlets therefor which may not be satisfied because of the lack of stocks of butter in that Member State; whereas the transfer of butter to the Italian intervention agency from those of the other Member States should therefore be authorized; Whereas provision should be made for this operation to be taken into account in accordance with the arrangements provided for in Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agri- cultural Guidance and Guarantee Fund, Guarantee Section (6), as last amended by Regulation (EEC) No 1716/84 (7), HAS ADOPTED THIS REGULATION:
Article 1
1. A quantity of 20 000 tonnes of butter held by the intervention agencies of Member States other than Italy shall be made available to the Italian intervention agency. 2. The Italian intervention agency shall take over the butter before 1 April 1987 and shall sell it on the terms laid down by the Commission. 3. Rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68. These rules shall specify inter alia the intervention agencies which shall make the butter available, the transport arrangements and the terms of sale referred to in paragraph 2.
Article 2
1. The intervention agencies referred to in Article 1 shall enter the quantities of butter transferred as a zero debit in the accounts referred to in Article 4 of Regulation (EEC) No 1883/78. 2. The Italian intervention agency shall enter the quantities of butter of which it has taken delivery as a zero credit in the accounts referred to in paragraph 1 and shall value them at the end of each month at the price fixed pursuant to Article 8 of Regulation (EEC) No 1883/78 for stocks carried forward to the financial year in question. 3. The cost of transporting the quantity of butter referred to in Article 1 shall be entered in the accounts referred to in paragraph 1 of this Article.
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, 6 May 1986.
|
[
0,
0,
0,
0,
1,
0,
0,
1,
0,
0,
0
] |
COMMISSION DECISION of 29 November 1996 amending Decision 80/804/EEC concerning animal health conditions and veterinary certification for the importation of fresh meat from Canada (Text with EEA relevance) (96/727/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 16 thereof,
Whereas Commission Decision 80/804/EEC (2), as last amended by Decision 81/662/EEC (3), lays down the animal health conditions and veterinary certification for the importation of fresh meat from Canada;
Whereas it is possible, without the risk of spread of disease, to accept meat of bovine animals where such animals have originated in Canada or the United States of America and have spent part of the residency period in either country;
Whereas both Canada and the United States have given undertakings to the Commission which will ensure notification to the Commission and the Member States, within 24 hours at the latest, of the confirmation of the occurrence of serious epizootic disease;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 80/804/EEC is hereby replaced by the Annex to this Decision.
Article 2
This Decision shall apply from the 15th day after notification to the Member States.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 29 November 1996.
|
[
1,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 2482/95 of 25 October 1995 laying down certain transitional measures for Austria for spirit drinks
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Sweden and Finland, and in particular Article 149 (1) thereof,
Having regard to Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 14 thereof,
Whereas the Act of Accession provides for a transitional period expiring on 31 December 1995 during which spirit drinks may be prepared in Austria in accordance with the national rules in force before accession;
Whereas, under those rules, the maximum methyl alcohol content of spirit drinks in Austria is 1 500 g/hl; whereas Regulation (EEC) No 1576/89 lays down a maximum content of 1 000 g/hl; whereas Austria has requested authorization to maintain its maximum content for traditional products prepared from certain berries; whereas a more detailed evaluation of the request should be carried out and a study made of ways of reducing the methyl alcohol content of those products; whereas the transitional measures for Austria should be extended by one year for the products concerned pending the results of that evaluation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Implementation Committee for Spirit Drinks,
HAS ADOPTED THIS REGULATION:
Article 1
The transitional measures laid down in the first indent of Annex XV (VII) (B) (IV) (1) to the Act of Accession of Austria, Finland and Sweden are hereby extended until 31 December 1996 for the preparation, and until 31 December 1997 for the marketing in Austria of fruit spirits complying with Article 1 (4) (i) of Regulation (EEC) No 1576/89, prepared from the following fruits:
- redcurrants and blackcurrants (Ribes specialis),
- raspberries (Rubus idaeus L.),
- blackberries (Rubus fruticosus L.),
- service-berries (Sorbus aucupazia var. edulis),
- elderberries (Sambucus nigra).
Article 2
This Regulation shall enter into force on 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 October 1995.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
Council Regulation (EC) No 2666/2000
of 5 December 2000
on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament(1),
Whereas:
(1) The Community provides assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia.
(2) Most of this Community assistance is currently provided under Council Regulation (EC) No 1628/96 of 25 July 1996 relating to aid for Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia (OBNOVA)(2) and under Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to certain countries of Central and Eastern Europe (PHARE)(3). This means that the Community assistance is subject to different sets of procedures, which encumbers management. In the interests of efficiency it is therefore desirable to establish a single legal framework for this assistance, as requested by the European Council at its meeting in Helsinki on 10 and 11 December 1999. It is therefore appropriate to repeal Regulation (EC) No 1628/96 and to amend Regulation (EEC) No 3906/89. However, in order to ensure the continuity of the activities of the European Agency for Reconstruction, the provisions of Regulation (EC) No 1628/96 which concern the establishment and operation of the Agency should be incorporated into a new Regulation, which should enter into force on the date of that repeal.
(3) The European Council, meeting in Lisbon on 23 and 24 March 2000, confirmed that its overall objective remained the fullest possible integration of the countries of the region into the political and economic mainstream of Europe and that the stabilisation and association process was the centrepiece of its policy in the Balkans.
(4) The European Council, meeting in Feira on 19 and 20 June 2000, recognised the countries concerned by the stabilisation and association process to be potential candidates for EU membership.
(5) The existing Community assistance should be expanded and redirected to adjust it to the European Union's political objectives for the region and, particularly, to contribute to the stabilisation and association process and increase the responsibility of recipient countries and entities in relation to that process.
(6) To that end Community assistance will be focused mainly on building up an institutional, legislative, economic and social framework directed at the values and models subscribed to by the European Union and on promoting a market economy, with due regard for priorities agreed with the partners concerned.
(7) A precondition for receiving assistance is that the recipients respect democratic principles, the rule of law, human and minority rights, fundamental freedoms and the principles of international law.
(8) The regional dimension of Community assistance should be given special attention, with a view to stepping up regional cooperation and supporting the European Union's role as a driving force within the Stability Pact.
(9) In view of the political situation in some areas and the nature of the various entities that have responsibility for implementing assistance there, it is desirable to provide that the assistance can be supplied in some cases directly to recipients other than the State.
(10) To make Community assistance more effective and ensure it is properly implemented, the Commission should adopt general guidelines, in accordance with the management procedure laid down in this Regulation, taking into account the objectives of reform of external aid.
(11) To promote cooperation within the region, provision should be made for the candidate countries and, on a case-by-case basis, the countries covered by the TACIS and MEDA programmes to participate in the tendering procedures and contracts.
(12) Provision should be made for checks and for the protection of the Community's financial interests, inter alia by enabling the Commission, including the European Fraud Prevention Office (OLAF), and the Court of Auditors to exercise their respective powers pursuant to Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(4) and Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests(5).
(13) The Community assistance should be governed by a strategy framework and by annual and multiannual programming, which will be put to the management committee set up by this Regulation for an opinion. This will situate the assistance within a medium-term outlook and will make it possible to ensure that it complements and remains consistent with that of the Member States.
(14) 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(6).
(15) In the case of the Federal Republic of Yugoslavia, provision should be made for the Commission to be able to delegate implementation of assistance programmes to the European Agency for Reconstruction.
(16) In the light of the scope of this Regulation, consequent changes will need to be made to Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to certain countries of Central and Eastern Europe (PHARE)(7), to Council Decision 97/256/EC of 14 April 1997 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern European countries, Mediterranean countries, Latin American and Asian countries, South Africa, the Former Yugoslav Republic of Macedonia and Bosnia and Herzegovina)(8), to Council Decision 1999/311/EC adopting the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000 to 2006)(9) and to Council Regulation (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation(10).
(17) The operations covered by this Regulation are part of the Community's Western Balkans policy and are needed to implement one of the Community's objectives.
(18) The Treaty does not provide, for the adoption of this Regulation, powers other than those under Article 308,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Community shall provide assistance, hereinafter referred to as "Community assistance", to Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia.
2. The following shall be directly eligible for Community assistance: the State, entities under United Nations jurisdiction and administration, federal, regional and local bodies, public and semi-public bodies, the social partners, organisations providing support to businesses, cooperatives, mutual societies, associations, foundations and non-governmental organisations.
3. Authorities established by the international community to act as the civil administration in some areas, such as the High Representative in Bosnia and Herzegovina and the United Nations Interim Administration Mission in Kosovo (UNMIK), shall be duly consulted on implementation of the Community assistance in their areas. Any programmes or projects they implement shall be eligible for Community assistance under this Regulation, except in the case of those entities' running costs; where appropriate, such costs may draw on a grant provided under Council Regulation (EC) No 1080/2000 of 22 May 2000 on support for the United Nations Interim Mission in Kosovo (UNMIK) and the Office of the High Representative in Bosnia and Herzegovina (OHR)(11).
4. The financial reference amount for the implementation of this programme for the period 2000 to 2006 shall be EUR 4650 million.
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Article 2
1. The main purpose of the Community assistance is to support participation by the recipient countries in the stabilisation and association process.
2. The Community assistance shall inter alia be for:
(a) reconstruction, aid for the return of refugees and displaced persons, and stabilisation of the region;
(b) the creation of an institutional and legislative framework to underpin democracy, the rule of law and human and minority rights, reconciliation and the consolidation of civil society, the independence of the media and the strengthening of legality and of measures to combat organised crime;
(c) sustainable economic development and market-economy-orientated economic reform;
(d) social development, with particular reference to poverty reduction, gender equality, education, teaching and training, and environmental rehabilitation;
(e) the development of closer relations among recipient countries, between them and the European Union and between them and countries which are candidates for accession to the European Union, in coordination with other instruments for cross-border, transnational and regional transboundary cooperation with non-member countries;
(f) fostering regional, transnational, cross-border and interregional cooperation among the recipient countries, between them and the European Union and between the recipient countries and other countries of the region.
3. The Community assistance shall be implemented by financing investment and institution-building programmes in accordance with the programming principles set out in the general guidelines adopted by the Commission in accordance with the procedure referred to in Article 10(2).
Article 3
1. Save in exceptional, duly substantiated cases, Community assistance shall be provided as follows:
(a) a strategic framework ("country strategic paper"), for the period 2000 to 2006, which shall serve to set long-term objectives for assistance and priority fields of action in recipient countries. For this purpose, due account shall be taken of all relevant assessments. The strategic framework shall be revised if exceptional events so require or in the light of the results of the assessment provided for in Article 12;
(b) on the basis of the strategic framework referred to in point (a), multiannual indicative programmes shall be drawn up, for three-year periods, for each country receiving Community assistance. They shall reflect priorities set under the stabilisation and association process and priorities identified and agreed with the partners concerned. Such programmes shall describe the reforms to be carried out by partners in priority sectors and include an assessment of progress made in doing so. They shall give indicative amounts (overall and for each priority sector) and set out criteria for funding the programme concerned. They shall be updated each year as necessary. They may be amended in the light of experience and progress in implementing stabilisation and association agreements, particularly as regards regional cooperation;
(c) annual action programmes, based on the multiannual indicative programmes referred to in point (b), shall be drawn up for each country receiving Community assistance. They shall set out, as precisely as possible, for a given operational year, the aims being pursued, the fields of action and the budget provided. The annual action programmes shall contain a detailed list of projects to be financed and specify the relevant amounts.
2. The strategic framework, the multiannual indicative programmes and the annual action programmes referred to in paragraph 1 shall be adopted in accordance with the procedure referred to in Article 10(2).
Any amendments shall be adopted in accordance with the same procedure.
Article 4
1. Where Community assistance for the Federal Republic of Yugoslavia is implemented by the European Agency for Reconstruction, in accordance with Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction(12):
(a) the strategic framework, multiannual indicative programme and annual action programme referred to in Article 3 covering Community assistance implemented by the Agency shall be adopted in accordance with the procedure referred to in Article 10(2). The utmost account shall be taken of recommendations made by the Agency's Governing Board, in accordance with Article 2(2) of Regulation (EC) No 2667/2000;
(b) the draft annual action programmes shall be submitted to the Commission by the Agency's Director. The Governing Board of the Agency shall be consulted on the implementation of the annual action programme, as laid down in Article 4 of Regulation (EC) No 2667/2000.
2. The procedure laid down in Article 10(2) shall also be used to adopt programmes of assistance for the Federal Republic of Yugoslavia which are not to be implemented by the Agency and are therefore not included in the annual action programme.
Article 5
1. Respect for the principles of democracy and the rule of law and for human and minority rights and fundamental freedoms is an essential element for the application of this Regulation and a precondition of eligibility for Community assistance. If these principles are not respected, the Council, acting by qualified majority on a proposal from the Commission, may take appropriate measures.
2. Community assistance shall also be subject to the conditions defined by the Council in its Conclusions of 29 April 1997, in particular as regards the recipients' undertaking to carry out democratic, economic and institutional reforms.
Article 6
1. Community assistance shall be in the form of grants.
2. Community financing may be used to cover expenditure on preparing, implementing, monitoring, checking and evaluating projects and programmes and on information.
3. Community financing may be used for co-financing, which should be sought whenever feasible. Co-financing of investment projects financed by guaranteed loans from the European Investment Bank may, in exceptional cases, take the form of interest rate subsidies.
4. Community financing may cover the grant part of ad hoc exceptional financial assistance decisions which are taken by the Council on the basis of Article 308 of the Treaty.
5. Community financing may not be used for paying taxes, duties or charges or for acquiring immovable property.
Article 7
1. The Commission shall implement the Community assistance in accordance with the Council Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(13).
2. In taking financing decisions under this Regulation and carrying out the assessments referred to in Article 12, the Commission shall have regard to the principles of sound financial management, in particular economy and cost-effectiveness, as laid down in the Financial Regulation.
3. Participation in invitations to tender and contracts shall be open on equal terms to all natural and legal persons from Member States, States which are recipients under this Regulation and candidate countries for accession to the European Union.
Participation by countries which are recipients under the TACIS and MEDA programmes shall also be authorised by the Commission on a case-by-case basis.
4. In the case of co-financing, the Commission may authorise participation in invitations to tender and contracts by nationals of other countries on a case-by-case basis.
5. The Commission shall provide information on invitations to tender, procurement, contracts and financing agreements, as laid down in the Annex hereto.
Article 8
1. Financing decisions and any agreements or contracts resulting therefrom shall expressly provide for monitoring and financial control by the Commission, including OLAF, and audits by the Court of Auditors, if necessary on the spot.
2. In addition, the Commission may carry out on-the-spot checks and inspections in accordance with Regulation (Euratom, EC) No 2185/96. Measures taken by the Commission in accordance with the procedure referred to in Article 10(2) shall provide for adequate protection of the financial interests of the Community as required by Regulation (EC, Euratom) No 2988/95.
Article 9
1. Financing decisions not covered by multiannual indicative programmes and annual action programmes shall be individually adopted by the Commission in accordance with the procedure referred to in Article 10(2).
2. Decisions amending Decisions referred to in Article 10(1) shall be adopted by the Commission where they do not comprise substantial changes to the nature of the programmes referred to in the said paragraph and, as regards the financial element, where they do not exceed 20 % of the total amount allocated for the programme in question, subject to a limit of EUR 4 million. The CARDS Committee referred to in Article 10 shall be notified of all revised decisions.
Article 10
1. The Commission shall be assisted by a management committee, hereinafter referred to as "the CARDS 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 45 days.
3. The Committee shall adopt its rules of procedure.
4. The Committee may examine any other question concerning this Regulation which is submitted to it by the Chairman, whether or not at the request of the representative of a Member State, and in particular any question relating to the programming or general implementation of measures or to co-financing.
Article 11
1. In the interests of making the Community assistance cohesive and more efficient and complementary, the Member States and the Commission shall exchange any relevant information on the operations they intend to implement.
2. In liaison with the Member States and on the basis of a regular mutual exchange of information, including on the spot, particularly as regards strategy papers, multiannual indicative programmes and annual action programmes and the preparation of projects and monitoring of their implementation, the Commission shall ensure effective coordination of the assistance efforts made by the Community, including the EIB, and by each Member State, in order to make their cooperation programmes more consistent and complementary. In addition, it shall encourage coordination and cooperation with international financial institutions, United Nations cooperation programmes and other donors. Practical arrangements for on-the-spot coordination shall be covered by guidelines to be approved by the CARDS Committee.
Article 12
Every year the Commission shall submit to the European Parliament and the Council a progress report on the Community assistance. That report shall contain information on the action financed during the year and on the findings of monitoring work and shall give an assessment of the results achieved in the implementation of the strategic framework, the multiannual indicative programmes and the annual action programmes referred to in Article 3(1).
Article 13
1. The Council shall review this Regulation before 31 December 2004.
2. For that purpose, not later than 30 June 2004, the Commission shall submit to the Council an evaluation report, together with proposals for the future of this Regulation and for any amendments needing to be made to it.
Article 14
1. Regulation (EC) No 1628/96 is hereby repealed.
2. In the Annex to Regulation (EEC) No 3906/89, the names "Bosnia and Herzegovina", "Albania", "Croatia", "the Former Yugoslav Republic of Macedonia" and "Yugoslavia" shall be deleted.
Article 15
Regulations (EEC) No 3906/89 and (EC) No 1628/96 shall nevertheless remain applicable to projects and programmes for which the procedures leading to the Commission financing decision have been started but have not yet been completed at the time of entry into force of this Regulation.
Article 16
The first paragraph of Article 1 of Regulation (EEC) No 1360/90 shall be replaced by the following:"This Regulation hereby establishes the European Training Foundation (hereinafter referred to as the 'Foundation'), whose objective shall be to contribute to the development of the vocational training systems of:
- the countries of Central and Eastern Europe designated as eligible for economic aid by the Council in Regulation (EEC) No 3906/89 or in any subsequent relevant legal act,
- the new independent States of the former Soviet Union and Mongolia which are the beneficiaries of the programme to assist economic reform and recovery pursuant to Regulation (Euratom, EC) No 1279/96 or any subsequent relevant legal act,
- the Mediterranean non-member countries and territories which are the beneficiaries of the financial and technical measures to accompany the reform of their economic and social structures pursuant to Regulation (EC) No 1488/96 or any subsequent relevant legal act, and
- the countries which are beneficiaries under Regulation (EC) No 2666/2000(14) or any subsequent relevant legal act.
Those countries shall be hereinafter referred to as the 'eligible countries'."
Article 17
The second subparagraph of Article 1a(5) of Decision 97/256/EC shall be replaced by the following:"Financial decisions relating to this Decision shall be adopted in accordance with the procedures laid down in Regulation (EC) No 2666/2000(15)."
Article 18
The first paragraph of Article 2 of Decision 99/311/EC shall be replaced by the following:"Tempus III concerns the countries which are beneficiaries under Regulation (EC) No 2666/2000(16) and the new independent States of the former Soviet Union and Mongolia mentioned in Regulation (EC, Euratom) No 99/2000(17) (which replaces the old TACIS programme). These countries are hereinafter referred to as 'eligible countries'."
Article 19
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply until 31 December 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 December 2000.
|
[
0,
0,
0,
0,
0,
1,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 2018/1999
of 21 September 1999
on a sale by tender of beef held by certain intervention agencies for export
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal(1), as last amended by Regulation (EC) No 1633/98(2), and in particular Article 7(3) thereof,
(1) Whereas the application of intervention measures in respect of beef has resulted in a build up of stocks in several Member States; whereas outlets for those products exist in certain third countries; whereas, in order to prevent storage being prolonged excessively, part of those stocks should be put up for sale by tender for export to those countries;
(2) Whereas the sale should be conducted in accordance with Commission Regulation (EEC) No 2173/79 of 4 October 1979 on detailed rules of application for the disposal of beef bought in by intervention agencies(3), as last amended by Regulation (EC) No 2417/95(4), and in particular Titles II and III thereof, and Commission Regulation (EEC) No 3002/92 of 16 October 1992 laying down common detailed rules for verifying the use and/or destination of products from intervention(5), as last amended by Regulation (EC) No 770/96(6), subject to certain special exceptions on account of the particular use to which the products in question are to be put;
(3) Whereas, in order to ensure that the sales by tender are conducted properly and uniformly, measures in addition to those provided for in Article 8(1) of Regulation (EEC) No 2173/79 should be adopted;
(4) Whereas provision should be made for derogations from Article 8(2)(b) of Regulation (EEC) No 2173/79 in view of the administrative difficulties which the application of that point is creating in the Member States concerned;
(5) Whereas, for practical reasons, export refunds will not be granted on beef sold under this Regulation; whereas, however, successful tenderers will be required to apply for export licences for the quantity awarded, in accordance with Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector(7), as last amended by Regulation (EC) No 2648/98(8);
(6) Whereas, in order to ensure that the beef sold is exported to the eligible third countries, provision should be made for a security to be lodged before the goods are taken over and the primary requirements should be determined;
(7) Whereas products from intervention stocks may in certain cases have undergone several handling operations; whereas, to help ensure satisfactory presentation and marketing, the repackaging of the products should be authorised in certain circumstances;
(8) 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 following approximate quantities of intervention products bought in pursuant to Article 6 of Regulation (EEC) No 805/68 shall be put up for sale:
- 2000 tonnes of bone-in beef held by the French intervention agency,
- 800 tonnes of boneless beef held by the Irish intervention agency.
2. The beef shall be exported to the zones "02" to "09" destinations listed in Annex II to Commission Regulation (EC) No 1230/1999(9).
3. Subject to the provisions of this Regulation, the sale shall be conducted in accordance with Regulation (EEC) No 2173/79, and in particular Titles II and III thereof, and Regulation (EEC) No 3002/92.
Article 2
1. Notwithstanding Articles 6 and 7 of Regulation (EEC) No 2173/79, this Regulation shall serve as a general notice of invitation to tender.
The intervention agencies concerned shall draw up notices of invitation to tender setting out in particular:
- the quantities of beef put up for sale, and
- the deadline and place for the submission of tenders.
2. Particulars of the quantities and the places where the products are stored may be obtained by the parties concerned at the addresses set out in Annex II. The intervention agencies shall, in addition, display the notices referred to in paragraph 1 at their head offices and may also publish them in other ways.
3. The intervention agencies concerned shall sell first meat which has been in storage for the longest time.
4. Only tenders reaching the intervention agencies concerned by 12 noon on 28 September 1999 shall be considered.
5. Notwithstanding Article 8(1) of Regulation (EEC) No 2173/79, tenders must be submitted to the intervention agency concerned in sealed envelopes bearing a reference to this Regulation. The sealed envelopes must not be opened by the intervention agency before the deadline for submission, as referred to in paragraph 4, has expired.
6. Notwithstanding Article 8(2)(b) of Regulation (EEC) No 2173/79, tenders shall not specify the store or stores where the products are held.
7. Notwithstanding Article 15(1) of Regulation (EEC) No 2173/79, the security shall be EUR 12 per 100 kilograms.
The submission of an application for an export licence as referred to in Article 4(2) shall constitute a primary requirement in addition to the requirements laid down in Article 15(3) of Regulation (EEC) No 2173/79.
Article 3
1. Not later than the day following the closing date for the submission of tenders, the Member States shall send the Commission details of tenders received.
2. Following scrutiny of the tenders, a minimum selling price per product shall be set or no award shall be made.
Article 4
1. The intervention agency shall send each tenderer the information referred to in Article 11 of Regulation (EEC) No 2173/79 by fax.
2. Within five working days of the date on which the information as referred to in paragraph 1 is forwarded, the successful tenderers shall apply for one or more export licences as referred to in the first indent of Article 8(2) of Regulation (EC) No 1445/95 in respect of the quantity awarded. Applications shall be accompanied by the fax as referred to in paragraph 1 and shall contain in box 7 the name of one of the zones "02" to "09" countries referred to in Article 1(2). In addition, one of the following shall be entered in box 20 of applications:
- Productos de intervención sin restitución [Reglamento (CE) n° 2018/1999]
- Interventionsvarer uden restitution [Forordning (EF) nr. 2018/1999]
- Interventionserzeugnisse ohne Erstattung [Verordnung (EG) Nr. 2018/1999]
- Προϊόντα παρέμβασης χωρίς επιστροφή [κανονισμός (ΕΚ) αριθ. 2018/1999]
- Intervention products without refund (Regulation (EC) No 2018/1999)
- Produits d'intervention sans restitution [règlement (CE) n° 2018/1999]
- Prodotti d'intervento senza restituzione [Regolamento (CE) n. 2018/1999]
- Producten uit interventievoorraden zonder restitutie [Verordening (EG) nr. 2018/1999]
- Produtos de intervenção sem restituição [Regulamento (CE) n.o 2018/1999]
- Interventiotuotteita - ei vientitukea (Asetus (EY) N:o 2018/1999)
- Interventionsprodukt utan exportbidrag (Förordning (EG) nr 2018/1999).
Article 5
1. Notwithstanding Article 18(1) of Regulation (EEC) No 2173/79, the delivery period shall run for three months from the date of the notification as referred to in Article 4(1) of this Regulation.
2. Notwithstanding the first indent of Article 8(2) of Regulation (EC) No 1445/95, export licences applied for in accordance with Article 4(2) of this Regulation shall be valid for 90 days.
Article 6
1. A security shall be lodged by the buyer before the goods are taken over to ensure they are exported to the third countries referred to in Article 1(2). Import into one of those countries shall constitute a primary requirement within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85(10).
2. The security referred to in paragraph 1 shall be, per tonne:
- the difference between the tender price per tonne and EUR 2000 for bone-in hindquarters,
- the difference between the tender price per tonne and EUR 1300 for bone-in forequarters,
- the difference between the tender price and EUR 1800 for boneless meat.
Article 7
The competent authorities may permit intervention products with torn or soiled packaging to be put up in new packaging of the same type, under their supervision and before being presented for dispatch at the customs office of departure.
Article 8
No export refund shall be granted on meat sold under this Regulation.
Removal orders as referred to in Article 3(1)(b) of Regulation (EEC) No 3002/92, export declarations and, where appropriate, T5 control copies shall contain one of the following entries:
- Productos de intervención sin restitución [Reglamento (CE) n° 2018/1999]
- Interventionsvarer uden restitution [Forordning (EF) nr. 2018/1999]
- Interventionserzeugnisse ohne Erstattung [Verordnung (EG) Nr. 2018/1999]
- Προϊόντα παρέμβασης χωρίς επιστροφή [κανονισμός (ΕΚ) αριθ. 2018/1999]
- Intervention products without refund (Regulation (EC) No 2018/1999)
- Produits d'intervention sans restitution [règlement (CE) n° 2018/1999]
- Prodotti d'intervento senza restituzione [Regolamento (CE) n. 2018/1999]
- Producten uit interventievoorraden zonder restitutie [Verordening (EG) nr. 2018/1999]
- Produtos de intervenção sem restituição [Regulamento (CE) n.o 2018/1999]
- Interventiotuotteita - ei vientitukea (Asetus (EY) N:o 2018/1999)
- Interventionsprodukt utan exportbidrag (Förordning (EG) nr 2018/1999).
Article 9
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 September 1999.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COUNCIL REGULATION (EC) No 1287/95 of 22 May 1995 amending Regulation (EEC) No 729/70 on the financing of the common agricultural policy
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Court of Auditors (3),
Whereas the responsibility for checking EAGGF Guarantee Section expenditure lies, in the first place, with the Member States, which designate the authorities and bodies empowered to effect expenditure; whereas the Member States must carry out this task fully and effectively; whereas the Commission, being responsible for implementing the Community budget, must verify the conditions under which payments and checks have been made; whereas the Commission can only finance expenditure where those conditions offer all necessary guarantees regarding compliance with Community rules; whereas in a decentralized system of management of Community expenditure, it is essential that the Commission, as the institution responsible for funding, is entitled and enabled to carry out all checks on the management of expenditure it considers necessary and that there should be full and effective transparency and mutual assistance between the Member States and the Commission;
Whereas, during the clearance of accounts, the Commission is able to determine within a reasonable time the total expenditure to be entered against the Guarantee Section in the general account only if it has satisfactory assurance that the national controls are adequate and transparent and that the paying agencies verify the legality and regularity of the payment requests which they execute; whereas provision should therefore be made for the accreditation of paying agencies by Member States; whereas in order to ensure consistency in the standards required for accreditation in the Member States, the Commission provides guidance on the criteria to be applied; whereas, for that purpose, it should be stipulated that only expenditure effected by paying agencies accredited by the Member States should be financed; whereas, moreover, in order to ensure the transparency of national controls, in particular as regards authorization, validation and payment procedures, the number of authorities and bodies to which these responsibilities are delegated should, where appropriate, be restricted taking account of the constitutional arrangements of each Member State;
Whereas decentralized management of Community funds, in particular following reform of the common agricultural policy, leads to the designation of several paying agencies; whereas, therefore, where a Member State accredits more than one paying agency, it must designate a single contact body to ensure consistency in the management of the funds, to provide liaison between the Commission and the various accredited paying agencies and to ensure that the information requested by the Commission concerning the operations of several paying agencies is made rapidly available;
Whereas the time limit for the clearance of accounts decision must be shortened; whereas, therefore, information technology must be used as fully as possible for producing the information to be sent to the Commission; whereas, when carrying out checks, the Commission must have full and immediate access to information on expenditure held in both documents and electronic files;
Whereas a single annual decision for the clearance of accounts creates numerous difficulties in that, for a given financial year, in respect of all measures covered by the Guarantee Section of the EAGGF and in all the Member States, it fulfils simultaneously an accounting objective and a recognition that expenditure has been effected in accordance with Community rules; whereas considerable time lags accompany the taking of this single decision, which is nevertheless subject to reservations and disjunctions; whereas it is accordingly necessary to separate the procedure into two types of decision, one concerning the clearance of the accounts of the Guarantee Section of the Fund, the other determining the consequences, including financial corrections, to be drawn from the results of the checks on conformity;
Whereas the checks on conformity and the ensuing clearance decisions will therefore no longer be linked to the implementation of the budget in a particular financial year; whereas the maximum period to which the consequences to be drawn from the checks on conformity may be applied must be determined;
Whereas Regulation (EEC) No 729/70 (4) should be amended, in particular by deleting certain provisions which have ceased to have any purpose,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 729/70 is hereby amended as follows:
1. Article 4 shall be replaced by the following:
'Article 4
1. Each Member State shall communicate to the Commission:
(a) details of the authorities and bodies it accredits to pay the expenditure referred to in Articles 2 and 3, hereinafter referred to as "paying agencies".
Paying agencies shall be authorities and bodies of the Member States, which, as regards payments in the areas for which they are responsible, offer sufficient guarantees that:
- the admissibility of claims and compliance with Community rules are checked before payment is authorized,
- the payments effected are correctly and fully recorded in the accounts, and
- the necessary documents are submitted within the time and in the form laid down in Community rules.
The paying agencies must hold documents justifying the payments effected and documents concerning the carrying out of the prescribed administrative and physical controls. Where the relevant documents are kept by the bodies responsible for authorizing the expenditure, those bodies must transmit reports to the paying agency on the number of checks carried out, their content and the measures taken in the light of the results;
(b) where more than one paying agency is accredited, details of the authority or body it charges, first, with bringing together the information to be supplied to the Commission and sending it the same, and, second, with promoting the harmonized application of Community rules, hereinafter referred to as the "coordinating body".
Only expenditure effected by accredited paying agencies may be the subject of Community financing.
2. Each Member State shall, taking into account its constitutional and institutional structures, limit the number of accredited paying agencies to the minimum necessary in order to effect the expenditure referred to in Articles 2 and 3 under satisfactory administrative and accounting conditions.
3. Each Member State shall communicate to the Commission the following particulars concerning those paying agencies:
- their name and their statutes,
- the administrative, accounting and internal control conditions under which payments are made relating to the implementation of Community rules within the framework of the common agricultural policy,
- the act of accreditation.
The Commission shall be informed forthwith of any change in those particulars.
4. Where one or more of the conditions for accreditation are not, or are no longer, fulfilled by an accredited paying agency, accreditation shall be withdrawn unless the paying agency makes the necessary adjustments within a time limit to be fixed in relation to the seriousness of the problem. The Member State concerned shall inform the Commission.
5. The Commission shall make available to Member States, by means of advances on the provision for expenditure effected in a reference period, the financial resources required to cover the expenditure referred to in paragraph 1 (a). Until the advances are paid, the resources necessary to meet that expenditure shall be mobilized by the Member States in accordance with the needs of their accredited paying agencies.
6. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 13.`;
2. Article 5 shall be replaced by the following:
'Article 5
1. Member States shall at regular intervals transmit to the Commission the following information concerning the accredited paying agencies and coordinating bodies referred to in Article 4 and relating to transactions financed by the Guarantee Section of the EAGGF:
(a) statements of expenditure and estimates of financial needs;
(b) annual accounts, accompanied by the information required for clearance and an attestation regarding the integrality, exactitude and veracity of the accounts transmitted.
2. The Commission, after consulting the Fund Committee:
(a) shall decide on monthly advances against the allocations of expenditure effected by the accredited paying agencies. Expenditure for October shall be attributed to October if it is effected from 1 to 15 October and to November if it is effected from 16 to 31 October. Advance payments shall be made to the Member State not later than the third working day of the second month following that in which the expenditure is effected.
Additional advances may be made, the Fund Committee being informed at the next consultation;
(b) shall, before 30 April of the year following the financial year concerned, on the basis of the information referred to in point (b) of paragraph 1, clear the accounts of the paying agencies.
The accounts clearance decision shall cover the integrality, exactitude and veracity of the accounts submitted.
The decision shall not prejudice the adoption of a subsequent decision pursuant to point (c);
(c) shall decide on the expenditure to be excluded from the Community financing referred to in Articles 2 and 3 where it finds that expenditure has not been effected in compliance with Community rules.
Before a decision to refuse financing is taken, the results of the Commission's checks and the replies of the Member State concerned shall be notified in writing, after which the two parties shall endeavour to reach agreement on the action to be taken.
If no agreement is reached, the Member State may ask for a procedure to be initiated with a view to mediating between the respective positions within a period of four months, the results of which shall be set out in a report sent to and examined by the Commission, before a decision to refuse financing is taken.
The Commission shall evaluate the amounts to be excluded having regard in particular to the degree of non-compliance found. The Commission shall take into account the nature and gravity of the infringement and the financial loss suffered by the Community.
A refusal to finance may not involve expenditure effected prior to twenty-four months preceding the Commission's written communication of the results of those checks to the Member State concerned. However, this provision shall not apply to the financial consequences:
- of irregularities as referred to in Article 8 (2);
- concerning national aids, or infringements, for which the procedures referred to in Articles 93 and 169 of the Treaty have been initiated.
3. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 13. Those rules shall cover in particular the attestation of the accounts referred to in paragraph 1 and the procedures relating to the decisions referred to in paragraph 2.`;
3. Article 5a shall be replaced by the following:
'Article 5a
To accommodate any difficulties which certain Member States might encounter in setting up the system provided for in Article 4 (5), appropriate measures enabling some or all of the interest to be charged to the Community may be adopted in accordance with the procedure laid down in Article 13.`;
4. the second subparagraph of Article 8 (2) shall be replaced by the following:
'The sums recovered shall be paid to the accredited paying agencies and deducted by them from the expenditure financed by the Fund. The interest on sums recovered or paid late shall be paid into the Fund.`;
5. the first sentence of Article 9 (2) shall be replaced by the following:
'2. Without prejudice to the supervision effected by Member States in accordance with national provisions laid down by law, regulation or administrative action and without prejudice to Article 188c of the Treaty, or to any inspection organized on the basis of point (c) of Article 209 of the Treaty, authorized representatives appointed by the Commission to carry out inspections on the spot shall have access to the books and all other documents, including information created or stored in electronic form, relating to expenditure financed by the Fund.`
Article 2
1. This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from the financial year beginning on 16 October 1995.
2. Refusal to grant financing as referred to in Article 5 (2) (c) of Regulation (EEC) No 729/70 may not relate to expenditure claimed against a financial year prior to 16 October 1992, but without prejudice to decisions regarding the clearance of the financial years preceding the entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 1995.
|
[
0,
0,
1,
0,
0,
1,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 1044/96 of 11 June 1996 amending Regulation (EC) No 773/96 laying down special measures derogating from Regulations (EEC) No 3665/87, (EEC) No 3719/88 and (EEC) No 1964/82 in the beef and veal sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 894/96 (2), and in particular Article 13 (12) thereof,
Whereas Commission Regulation (EC) No 773/96 (3), as amended by Regulation (EC) No 957/96 (4), lays down special measures for the regularization of certain export transactions in the wake of the measures taken by several third countries to safeguard against bovine spongiform encephalopathy;
Whereas experience has shown that extension of the period of validity of licences is necessary in order to enable export operations, affected by the circumstances described above, to be completed;
Whereas difficulties have arisen with meat originating in the United Kingdom; whereas Regulation (EC) No 773/96 provides an adequate solution for meat directly exported but not for meat placed under the arrangements provided for in Articles 4 and 5 of Council Regulation (EEC) No 565/80 (5), as amended by Regulation (EEC) No 2026/83 (6); whereas it is therefore necessary to amend Regulation (EC) No 773/96;
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 (EC) No 773/96 is hereby amended as follows:
1. in Article 2, first subparagraph, '31 May 1996` is replaced by '31 July 1996`;
2. Article 5 (3) is replaced by the following:
'3. At the request of the exporter, the export licence, the payment declaration and the export declaration covering meat originating in the United Kingdom which has not yet left the custom territory of the Community and for which customs export formalities were completed or which was placed under one of the arrangements referred to in Articles 4 and 5 of Regulation (EEC) No 565/80 in a Member State other than the United Kingdom by 31 March 1996 shall be cancelled. The exporter shall repay any refund paid in advance and the securities relating to the operations concerned shall be released.`
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, 11 June 1996.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 406/2006
of 8 March 2006
fixing the export refunds on poultrymeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular the third subparagraph of Article 8(3) thereof,
Whereas:
(1)
Article 8(1) of Regulation (EEC) No 2777/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for those products on the Community market may be covered by an export refund.
(2)
Given the present situation on the market in poultrymeat, export refunds should therefore be fixed in accordance with the rules and criteria provided for in Article 8 of Regulation (EEC) No 2777/75.
(3)
Article 8(3), second subparagraph of Regulation (EEC) No 2777/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.
(4)
Refunds should be granted only on products that are allowed to move freely in the Community and that bear the identification mark as provided for in Article 5(1)(b) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (2). Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (3).
(5)
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
1. Export refunds as provided for in Article 8 of Regulation (EEC) No 2777/75 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the condition provided for in paragraph 2 of this Article.
2. The products eligible for a refund under paragraph 1 must meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004, notably preparation in an approved establishment and compliance with the identification marking requirements laid down in Annex II, Section I to Regulation (EC) No 853/2004.
Article 2
This Regulation shall enter into force on 9 March 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 March 2006.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 395/2009
of 13 May 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 368/2009 (4).
(2)
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 14 May 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 May 2009.
|
[
0,
1,
0,
1,
1,
0,
0,
1,
0,
0,
0
] |
*****
COMMISSION REGULATION (EEC) No 3834/89
of 20 December 1989
derogating from Regulation (EEC) No 2377/80 in respect of issue of import licences under certain special arrangements in the beef and veal sector
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 571/89 (2), and in particular Article 15 (2) thereof,
Whereas certain special import arrangements for products in the beef and veal sector, referred to in Articles 9 to 11 of Commission Regulation (EEC) No 2377/80 (3), as last amended by Regulation (EEC) No 3182/88 (4) have not yet been established for 1990; whereas, consequently, it is necessary to derogate from Regulation (EEC) No 2377/80 with regard to the periods for lodging applications and for the granting of licences within the framework of these special systems;
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
Article 15 of Regulation (EEC) No 2377/80 notwithstanding.
- no application for a licence may be lodged in respect of the arrangements referred to in Articles 9 to 11 of Regulation (EEC) No 2377/80,
- the information provided for in Article 15 (4) (a) and (b) of the said Regulation shall not be communicated,
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, 20 December 1989.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION DECISION
of 30 November 2004
approving the TSE eradication and monitoring programmes of certain Member States for 2005 and fixing the level of the Community’s financial contribution
(notified under document number C(2004) 4603)
(2004/863/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 24(6) thereof,
Whereas:
(1)
Decision 90/424/EEC provides for the possibility of a financial contribution by the Community in the eradication and monitoring of certain animal diseases.
(2)
Most Member Sates have submitted programmes to the Commission for the eradication and monitoring of certain transmissible spongiform encephalopathies (TSEs).
(3)
After examination, the programmes submitted by the Member States for the eradication and the monitoring of TSEs were found to comply with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (2).
(4)
Those programmes appear on the priority list of programmes for the eradication and monitoring of certain TSEs qualifying for financial contribution from the Community in 2005 and which was established by Commission Decision 2004/696/EC of 14 October 2004 on the list of programmes for the eradication and monitoring of certain TSEs qualifying for a financial contribution from the Community in 2005 (3).
(5)
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 (4), provides for annual programmes for the eradication and monitoring of TSEs in bovine, ovine and caprine animals.
(6)
In the light of the importance to eradicate and monitor TSEs for the achievement of Community objectives in the field of animal and public health, it is appropriate to reimburse 100 % of the costs paid by the Member States for the TSE rapid tests performed up to a maximum amount per test and per TSE monitoring programme.
(7)
For the same reason it is appropriate to reimburse 100 % of the laboratory costs paid by the Member States for the performance of genotyping tests up to a maximum per test and per Scrapie eradication programme.
(8)
Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (5), provides that programmes for the eradication and monitoring of animal diseases are to be financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. For financial control purposes, Articles 8 and 9 of that Regulation are to apply.
(9)
The Community’s financial contribution should only be granted subject to the condition that the programmes for the eradication and monitoring of TSEs are carried out efficiently and that the Member States supply all the necessary information within specified time limits laid down in this Decision.
(10)
There is a need to clarify the rate to be used for the conversion of the payment applications submitted in national currency as defined in Article 1(d) of Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (6).
(11)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
CHAPTER I
Approval of and financial contribution to TSE monitoring programmes
Article 1
1. The TSE monitoring programme submitted by Belgium is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 3 550 000.
Article 2
1. The TSE monitoring programme submitted by the Czech Republic is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 700 000.
Article 3
1. The TSE monitoring programme submitted by Denmark is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 2 375 000.
Article 4
1. The TSE monitoring programme submitted by Germany is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 15 020 000.
Article 5
1. The TSE monitoring programme submitted by Estonia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 290 000.
Article 6
1. The TSE monitoring programme submitted by Greece is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 585 000.
Article 7
1. The TSE monitoring programme submitted by Spain is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 4 780 000.
Article 8
1. The TSE monitoring programme submitted by France is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 24 045 000.
Article 9
1. The TSE monitoring programme submitted by Ireland is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 6 170 000.
Article 10
1. The TSE monitoring programme submitted by Italy is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 6 660 000.
Article 11
1. The TSE monitoring programme submitted by Cyprus is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 85 000.
Article 12
1. The TSE monitoring programme submitted by Lithuania is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 835 000.
Article 13
1. The TSE monitoring programme submitted by Luxembourg is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 145 000.
Article 14
1. The TSE monitoring programme submitted by Hungary is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 085 000.
Article 15
1. The TSE monitoring programme submitted by Malta is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 35 000.
Article 16
1. The TSE monitoring programme submitted by the Netherlands is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 4 270 000.
Article 17
1. The TSE monitoring programme submitted by Austria is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 920 000.
Article 18
1. The TSE monitoring programme submitted by Portugal is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 135 000.
Article 19
1. The TSE monitoring programme submitted by Slovenia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 435 000.
Article 20
1. The TSE monitoring programme submitted by Finland is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 160 000.
Article 21
1. The TSE monitoring programme submitted by Sweden is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 305 000.
Article 22
1. The TSE monitoring programme submitted by the United Kingdom is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 5 570 000.
Article 23
The Community’s financial contribution for the TSE monitoring programmes referred to in Articles 1 to 22 shall be at the rate of 100 % of the cost paid, value added tax excluded, by the concerned Member States for the tests performed, subject to a maximum amount of EUR 8 per test, for tests carried out from 1 January to 31 December 2005 in bovine, ovine and caprine animals referred to in Annex III to Regulation (EC) No 999/2001.
CHAPTER II
Approval of and financial contribution to BSE eradication programmes
Article 24
1. The BSE eradication programme submitted by Belgium is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 250 000.
Article 25
1. The BSE eradication programme submitted by the Czech Republic is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 2 500 000.
Article 26
1. The BSE eradication programme submitted by Denmark is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 200 000.
Article 27
1. The BSE eradication programme submitted by Germany is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 875 000.
Article 28
1. The BSE eradication programme submitted by Estonia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 25 000.
Article 29
1. The BSE eradication programme submitted by Greece is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 150 000.
Article 30
1. The BSE eradication programme submitted by Spain is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 320 000.
Article 31
1. The BSE eradication programme submitted by France is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 500 000.
Article 32
1. The BSE eradication programme submitted by Ireland is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 4 000 000.
Article 33
1. The BSE eradication programme submitted by Italy is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 205 000.
Article 34
1. The BSE eradication programme submitted by Cyprus is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 25 000.
Article 35
1. The BSE eradication programme submitted by Luxembourg is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 150 000.
Article 36
1. The BSE eradication programme submitted by the Netherlands is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 450 000.
Article 37
1. The BSE eradication programme submitted by Austria is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 10 000.
Article 38
1. The BSE eradication programme submitted by Portugal is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 975 000.
Article 39
1. The BSE eradication programme submitted by Slovenia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 25 000.
Article 40
1. The BSE eradication programme submitted by the Slovakia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 25 000.
Article 41
1. The BSE eradication programme submitted by Finland is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 25 000.
Article 42
1. The BSE eradication programme submitted by the United Kingdom is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 4 235 000.
Article 43
The Community’s financial contribution for the BSE eradication programmes referred to in Articles 24 to 42 shall be at the rate of 50 % of the cost paid by the concerned Member States for compensation to owners for the value of their animals culled and destroyed in accordance with their eradication programme, up to a maximum of EUR 500 per animal.
CHAPTER III
Approval of and financial contribution to Scrapie eradication programmes
Article 44
1. The Scrapie eradication programme submitted by Belgium is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 105 000.
Article 45
1. The Scrapie eradication programme submitted by the Czech Republic is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 20 000.
Article 46
1. The Scrapie eradication programme submitted by Denmark is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 5 000.
Article 47
1. The Scrapie eradication programme submitted by Germany is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 2 275 000.
Article 48
1. The Scrapie eradication programme submitted by Estonia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 10 000.
Article 49
1. The Scrapie eradication programme submitted by Greece is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 555 000.
Article 50
1. The Scrapie eradication programme submitted by Spain is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 9 525 000.
Article 51
1. The Scrapie eradication programme submitted by France is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 1 300 000.
Article 52
1. The Scrapie eradication programme submitted by Ireland is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 800 000.
Article 53
1. The Scrapie eradication programme submitted by Italy is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 2 485 000.
Article 54
1. The Scrapie eradication programme submitted by Cyprus is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 5 565 000.
Article 55
1. The Scrapie eradication programme submitted by Latvia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 5 000.
Article 56
1. The Scrapie eradication programme submitted by Lithuania is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 5 000.
Article 57
1. The Scrapie eradication programme submitted by Luxembourg is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 35 000.
Article 58
1. The Scrapie eradication programme submitted by Hungary is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 5 000.
Article 59
1. The Scrapie eradication programme submitted by the Netherlands is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 575 000.
Article 60
1. The Scrapie eradication programme submitted by Austria is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 10 000.
Article 61
1. The Scrapie eradication programme submitted by Portugal is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 695 000.
Article 62
1. The Scrapie eradication programme submitted by Slovenia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 65 000.
Article 63
1. The Scrapie eradication programme submitted by Slovakia is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 340 000.
Article 64
1. The Scrapie eradication programme submitted by Finland is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 5 000.
Article 65
1. The Scrapie eradication programme submitted by Sweden is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 10 000.
Article 66
1. The Scrapie eradication programme submitted by the United Kingdom is hereby approved for the period from 1 January to 31 December 2005.
2. The Community’s financial contribution shall not exceed EUR 7 380 000.
Article 67
The Community’s financial contribution for the Scrapie eradication programmes referred to in Articles 44 to 66 shall be at the rate of 50 % of the cost paid by the concerned Member States for compensation to owners for the value of their animals culled and destroyed in accordance with their eradication programme, up to a maximum of EUR 50 per animal, and at the rate of 100 % of the cost, value added tax excluded, of the analysis of samples for genotyping, up to a maximum of EUR 10 per genotyping test.
CHAPTER IV
Conditions for the Community’s financial contribution
Article 68
The conversion rate for applications submitted in national currency in month ‘n’ shall be that of the 10th day of month ‘n+1’ or for the first preceding day for which a rate is quoted.
Article 69
1. The Community’s financial contribution for the TSE eradication and monitoring programmes referred to in Articles 1 to 66 shall be granted provided that the implementation of those programmes is in conformity with the relevant provisions of Community law, including rules on competition and on the award of public contracts, and subject to the concerned Member State complying with the following conditions:
(a)
bringing into force by 1 January 2005 the laws, regulations and administrative provisions for implementing the TSE eradication and monitoring programmes;
(b)
forwarding by 1 June 2005 at the latest, the preliminary technical and financial evaluation of the programme, in accordance with Article 24(7) of Decision 90/424/EEC;
(c)
forwarding a report to the Commission every month on the progress of the TSE monitoring programme and the costs paid; the report shall be forwarded at the latest four weeks after the end of each month. The costs paid shall be provided in computerised form in accordance with the table provided in the Annex to this Decision;
(d)
forwarding a final report, by 1 June 2006 at the latest, on the technical execution of the TSE eradication and monitoring programmes accompanied by proof of the costs paid and the results attained during the period from 1 January to 31 December 2005;
(e)
implementing the programmes efficiently;
(f)
no other Community contribution has been or will be asked for these measures.
2. In case the Member State does not comply with those rules, the Commission shall reduce the contribution of the Community having regard to the nature and gravity of the infringement, and to any financial loss suffered by the Community.
CHAPTER V
Final provisions
Article 70
This Decision shall apply from 1 January 2005.
Article 71
This Decision is addressed to the Member States.
Done at Brussels, 30 November 2004.
|
[
1,
0,
0,
0,
1,
0,
1,
0,
0,
0,
0
] |
*****
COUNCIL REGULATION (EEC) No 1981/85
of 16 July 1985
amending Regulation (EEC) No 1938/81 on a common measure to accelerate the improvement of public amenities in certain less-favoured agricultural areas of the Federal Republic of Germany
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas, under Regulation (EEC) No 1938/81 (3), the Federal Republic of Germany has implemented a programme to accelerate the improvement of the infrastructure in certain less-favoured agricultural areas;
Whereas, because of the present deficiencies in infrastructure, a large number of applications for aid have been submitted, well in excess of budget allocations;
Whereas, in view of the lack of available appropriations, provision should be made by way of exception to carry forward applications for aid a second time as from 1985 up to the end of the common measure concerned,
HAS ADOPTED THIS REGULATION:
Article 1
The following is hereby added to the second subparagraph of Article 14 of Regulation (EEC) No 1938/81:
'However, as from 1985 and until the end of the common measure, an application may be carried forward a second time.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 1985.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
Commission Regulation (EC) No 1587/2002
of 5 September 2002
concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 901/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of barley to all third countries except the United States of America, Canada, Estonia and Latvia was opened pursuant to Commission Regulation (EC) No 901/2002(6), as amended by Regulation (EC) No 1230/2002(7).
(2) Article 7 of Regulation (EC) No 1501/95, allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 30 August to 5 September 2002 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 901/2002.
Article 2
This Regulation shall enter into force on 6 September 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 September 2002.
|
[
0,
0,
0,
1,
0,
1,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 636/2002
of 12 April 2002
laying down temporary provisions concerning the notification of licence applications provided for by Regulation (EC) No 1961/2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on 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 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), and in particular Article 7(3)(b) thereof,
Whereas:
(1) Regulation (EC) No 1961/2001 lays down detailed rules for export refunds on fruit and vegetables. Article 7(3)(b) of that Regulation lays down that if Thursday is a Commission holiday, the Commission may temporarily change the day for notifying licence applications.
(2) Thursday 9 and Friday 10 May 2002 are Commission holidays. The notification of licence applications submitted on Monday 6 and Tuesday 7 May 2002 should therefore be brought forward to Wednesday 8 May and that of licence applications submitted from Wednesday 8 May should be put back to Monday 13 May 2002,
HAS ADOPTED THIS REGULATION:
Article 1
The deadlines of Thursday 9 May and Monday 13 May 2002 for notification laid down in Article 7(3)(b) of Regulation (EC) No 1961/2001 are temporarily amended as follows:
1. The notification of licence applications submitted on Monday 6 and Tuesday 7 May 2002 shall be made no later than 12.00 (Brussels time) on Wednesday 8 May 2002 rather than on Thursday 9 May 2002.
2. The notification of licence applications submitted from Wednesday 8 to Sunday 12 May 2002 shall be made no later than 12.00 (Brussels time) on Monday 13 May 2002.
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, 12 April 2002.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 1372/96 of 16 July 1996 fixing the standard fee per farm return for the 1996 accounting year of the farm accountancy data network
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European 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 operating of agricultural holdings in the European Economic Community (1), as last amended by Regulation (EC) No 2801/95 (2), and in particular Article 9 (2) thereof,
Whereas Article 5 of Commission Regulation (EEC) No 1915/83 of 13 July 1983 on certain detailed implementation rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings (3) provides that a standard fee shall be fixed to be paid by the Commission to the Member States for each farm return completed;
Whereas Commission Regulation (EC) No 3141/94 (4) fixes the standard fee for the 1995 accounting year at ECU 120 per farm return;
Whereas the trend in costs and its effects on the cost of completing the farm return do not justify a revision of the fee;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Community Committee on the Farm Accountancy Data Network,
HAS ADOPTED THIS REGULATION:
Article 1
The standard fee paid by the Commission to Member States for each duly completed farm return is hereby fixed at ECU 120 for the 1996 accounting year.
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 for the 1996 accounting year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 1996.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
Commission Regulation (EC) No 206/2004
of 5 February 2004
amending Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops(1), and in particular Article 9 thereof,
Whereas:
(1) Commission Regulation (EC) No 2316/1999(2) lays down detailed rules for the application of Regulation (EC) No 1251/1999 concerning the conditions for the grant of area payments for certain arable crops and determines the conditions for set-aside, in particular the minimum areas set-aside must cover.
(2) Areas left fallow have a positive impact on the environment. This could be enhanced by taking account of smaller parcels. Member States should therefore be permitted to accept smaller areas for set-aside.
(3) Under Council Regulation (EC) No 1017/94 of 26 April 1994 concerning the conversion of land currently under arable crops to extensive livestock farming in Portugal(3), applications for conversion have been submitted equivalent to 35585 ha. The base area should consequently be adjusted.
(4) The Member States have notified the results of the tests to determine the tetrahydrocannabinol levels in the hemp varieties sown in 2003. Those results should be taken into account when drawing up the list of hemp varieties qualifying for area payments in the coming marketing years and the list of varieties temporarily accepted for 2004/2005, which will require further testing during that marketing year.
(5) Regulation (EC) No 2316/1999 should be amended accordingly.
(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 2316/1999 is hereby amended as follows:
1. in Article 19(1), the following subparagraph is added:"For the 2004/05 marketing year, Member States may also accept:
(a) areas at least 10 m wide and covering 0,1 ha;
(b) for properly justified environmental reasons, areas at least 5 m wide and covering 0,05 ha."
2. In Annex VI, the information shown under the heading "Portugal" is replaced by that in Annex I to this Regulation.
3. Annex XII is replaced by the content of Annex II to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 15 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2004.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 2030/95 of 22 August 1995 concerning the stopping of fishing for sprat 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), and in particular Article 21 (3) thereof,
Whereas Council Regulation (EC) No 3362/94 of 20 December 1994 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1995 and certain conditions under which they may be fished (2), as amended by Regulation (EC) No 746/95 (3), provides for sprat quotas for 1995;
Whereas, in order to ensure compliance with the provisions relating to the quantitative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of sprat in the waters of ICES division III b, c and d (EC zone) by vessels flying the flag of Sweden or registered in Sweden have reached the quota allocated for 1995; whereas Sweden has prohibited fishing for this stock as from 3 August 1995; whereas it is therefore necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of sprat in the waters of ICES division III b, c and d (EC zone) by vessels flying the flag of Sweden or registered in Sweden are deemed to have exhausted the quota allocated to Sweden for 1995.
Fishing for sprat in the waters of ICES division III b, c and d (EC zone) by vessels flying the flag of Sweden or registered in Sweden is prohibited, as well as the retention on board, the transshipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 3 August 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 August 1995.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
1,
0,
0
] |
COMMISSION REGULATION (EEC) No 91/91 of 15 January 1991 on the country nomenclature for the external trade statistics of the Community and statistics of trade between Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1736/75 of 24 June 1975 on the external trade statistics of the Community and statistics of trade between Member States (1), as last amended by Regulation (EEC) No 1629/88 (2), and in particular Articles 36 and 41 thereof,
Whereas Article 35 of Regulation (EEC) No 1736/75 requires certain data to be compiled according to the current version of the country nomenclature given in Annex C thereto;
Whereas Article 36 of the said Regulation requires the Commission to publish in the Official Journal of the European Communities the country nomenclature in the version thereof valid as from 1 January of each year;
Whereas the version thereof valid on 1 January 1990 was annexed to Commission Regulation (EEC) No 420/90 (3);
Whereas the version valid on 1 January 1991 should now be published;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on External Trade Statistics,
HAS ADOPTED THIS REGULATION: Article 1
The version valid on 1 January 1991 of the country nomenclature for the external trade statistics of the Community and statistics of trade between Member States is 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.
It shall apply from 1 January 1991.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 January 1991.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 1045/2000
of 18 May 2000
fixing the guarantee threshold quantities that can be transferred to other groups of varieties in the raw tobacco sector for the 2000 harvest
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 660/1999(2), and in particular Article 9(4) thereof,
Whereas:
(1) Article 9 of Regulation (EEC) No 2075/92 introduces a system of quotas for the various groups of tobacco varieties. The individual quotas were allocated to the producers on the basis of the guarantee thresholds for the 2000 harvest fixed in Article 3 of Regulation (EC) No 660/1999. Article 9(4) of Regulation (EEC) No 2075/92 allows the Commission to authorise the Member States to transfer guarantee threshold quantities between groups of varieties. The transfers between groups of varieties contemplated do not give rise to any additional expenditure to the EAGGF and do not entail any increase in the overall guarantee threshold of each Member State.
(2) This Regulation must apply as soon as possible and, at all events, well before the time limit for the conclusion of cultivation contracts laid down in Article 10(1) of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to the granted to producer groups in the raw tobacco sector(3), as last amended by Regulation (EC) No 909/1999(4).
(3) The measures laid down in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
For the 2000 harvest, in accordance with Article 22(4) of Regulation (EC) No 2848/98, the Member States are hereby authorised to transfer quantities between groups of varieties as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 May 2000.
|
[
0,
0,
0,
0,
0,
0,
1,
1,
0,
0,
0
] |
COMMISSION DECISION of 18 February 1981 establishing that the apparatus described as "Sperry-Univac 1100/81 system" may not be imported free of Common Customs Tariff duties (81/136/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 12 September 1980, the Government of 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 "Sperry-Univac 1100/81 system" to be used for electronic data processing, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 8 January 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a computer;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific apparatus ; whereas the duty-free admission of the apparatus in question is therefore not justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Sperry-Univac 1100/81 system", which is the subject of an application by the Government of the Federal Republic of Germany of 12 September 1980, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 18 February 1981.
|
[
0,
1,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 1852/2002
of 17 October 2002
on the rate of interest to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section(1), as last amended by Regulation (EC) No 1259/96(2), and in particular Article 5 thereof,
Whereas:
(1) Article 3 of Commission Regulation (EEC) No 411/88 of 12 February 1988 on the method and the rate of interest to be used for calculating the costs of financing intervention measures comprising buying-in, storage and disposal(3), as last amended by Regulation (EC) No 2623/1999(4), lays down that the uniform interest rate used for calculating the costs of financing intervention measures is to correspond to the three months' and twelve months' forward Euribor rates with a weighting of one third and two thirds respectively.
(2) The Commission fixes this rate before the beginning of each EAGGF Guarantee Section accounting year on the basis of the rates recorded in the six months preceding fixing.
(3) Article 4(1) of Regulation (EEC) No 411/88 lays down that if the rate of interest costs borne by a Member State is lower for at least six months than the uniform interest rate fixed for the Community, a specific interest rate is to be fixed for that Member State; the Member State notify these costs to the Commission before the end of the accounting year; where no costs are notified by a Member State, the rate to be applied is determined on the basis of the reference interest rates set out in the Annex to the said Regulation.
(4) The interest rates for the accounting year 2003 must be set, in line with those provisions.
(5) The measures provided for in this Regulation are in accordance with the opinion of the EAGGF Committee,
HAS ADOPTED THIS REGULATION:
Article 1
For expenditure incurred during the EAGGF Guarantee Section accounting year 2003:
1. the interest rate referred to in Article 3 of Regulation (EEC) No 411/88 shall be 3,6 %;
2. the specific interest rate referred to in Article 4 of Regulation (EEC) No 411/88 shall be:
- 3,5 % for Greece and France,
- 3,4 % for Austria,
- 3,3 % for Ireland.
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 October 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 October 2002.
|
[
0,
0,
1,
1,
1,
0,
0,
0,
0,
0,
0
] |
Commission Decision
of 7 April 2000
amending Decision 98/361/EC establishing the list of approved zones, with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia in Spain
(notified under document number C(2000) 943)
(Text with EEA relevance)
(2000/311/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Directive 98/45/EC(2), and in particular Article 5(2) thereof,
Whereas:
(1) Member States may obtain for one or more continental or coastal zones the status of approved zones free of infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS).
(2) The status of approved continental zone and approved coastal zone in respect of IHN and VHS was granted to certain catchment areas and coastal areas in Spain, by Commission Decision 98/361/EC(3), as last amended by Decision 2000/187/EC(4).
(3) Spain has submitted to the Commission evidence in support of granting the status of approved zone for certain other catchment areas in the Autonomous Region of Cantabria in respect of IHN and VHS, as well as the national provisions ensuring compliance with the rules on maintenance of approval.
(4) Scrutiny of this information allows this status to be granted for these catchment areas.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 98/361/EC is replaced by the Annex hereto.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 7 April 2000.
|
[
1,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
Commission Decision
of 26 March 2003
amending its internal Rules of Procedure
(notified under document number C(2003) 972)
(2003/246/EC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,
Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 41(1) thereof,
HAS DECIDED AS FOLLOWS:
Article 1
The Commission's provisions on operational procedures for management of crisis situations, the text of which is annexed to this Decision, are hereby added to the Commission's Rules of Procedure as an Annex.
Article 2
This Decision replaces the Decision having the same title adopted on 5 March 2003.
Article 3
This Decision shall enter into force and apply from 26 March 2003.
Done at Brussels, 26 March 2003.
|
[
0,
0,
0,
0,
1,
0,
0,
0,
0,
0,
1
] |
COMMISSION DECISION
of 20 September 2006
relating to a proceeding under Article 81 of the Treaty establishing the European Community and Article 53 of the EEA Agreement
(Case COMP/F/38.121 - Fittings)
(notified under document number C(2006) 4180)
(Only the English, German, Spanish, Italian and French versions are authentic)
(Text with EEA relevance)
(2007/691/EC)
SUMMARY OF THE INFRINGEMENT
(1)
The Decision was addressed to Aalberts Industries NV, Aquatis France SAS, Simplex Armaturen + Fittings GmbH & Co. KG, VSH Italia Srl, Yorkshire Fittings Limited, Advanced Fluid Connections plc, IBP Limited, International Building Products France SA, International Building Products GmbH, Delta plc, Aldway Nine Limited, Delta Engineering Holdings Limited, Druryway Samba Limited, Flowflex Holdings Ltd, Flowflex Components Ltd, IMI plc, IMI Kynoch Ltd, Mueller Industries Inc, Mueller Europe Ltd, WTC Holding Company Inc, Pegler Ltd, Tomkins plc, FRA.BO SpA, Supergrif SL, SANHA Kaimer GmbH & Co. KG, Kaimer GmbH & Co. Holdings KG, SANHA Italia srl, Viega GmbH & Co. KG, Legris Industries SA and Comap SA.
(2)
The above 30 legal entities (belonging to 11 undertakings, with some legal entities held liable as parent companies) committed an infringement of Article 81 of the EC Treaty and Article 53 of the EEA Agreement by participating in a single and continuous infringement between 31 December 1988 and 1 April 2004 in the fittings industry in the EEA. Not all the undertakings participated to the infringement for its entire duration.
(3)
The infringement’s main features included: competitors discussing prices, agreeing, implementing and monitoring price agreements as well as discounts and rebates, agreeing on implementation mechanisms, allocating of markets and customers, exchanging commercially important and confidential market and/or company relevant information, participating in regular meetings and having other contacts to agree to the above restrictions and monitor implementation within the EEA.
THE FITTINGS INDUSTRY
(4)
The product concerned is copper fittings including copper alloy fittings (such as gunmetal, brass and other copper-based alloys). A fitting connects tubes used in the transportation of water, air, gas, etc. for plumbing, heating, sanitation and other purposes. There are various types of fittings such as end-feed, solder ring, compression, press and push-fit. All these types are implicated in this Decision.
(5)
The investigation showed that the cartel covered the whole of the EEA. The 2003 EEA market value for copper and copper alloy fittings was approximately EUR 525 million for about 960 million pieces.
PROCEDURE
(6)
In January 2001 the company Mueller Industries Inc informed the Commission of the existence of a cartel in the Fittings industry (and in other related industries in the copper tubes market) and expressed the wish to cooperate with the Commission under the 1996 Leniency Notice. Mueller provided the Commission with evidence that enabled the carrying out of inspections.
(7)
On 22 and 23 March 2001, the Commission carried out the first unannounced inspections concerning both copper tubes and fittings. Thereafter, in April 2001, it was decided to separate the cases into copper plumbing tubes (38.069), industrial tubes (38.240) and fittings (38.121). Subsequently, on 24 and 25 April 2001, the Commission carried out further unannounced on-site inspections at the premises of the Delta group. The latter inspections covered only fittings. In the copper tubes sector the Commission adopted two decisions imposing fines in the industrial tubes case (in 2003) and the copper plumbing tubes case (in 2004).
(8)
In September 2003, after the inspections and after having sent letters requesting information, the IMI group applied for leniency. This leniency application was followed by those of the Delta group (March 2004) and Frabo (July 2004). The last leniency application was submitted by Oystertec/Advanced Fluid Connections plc, in May 2005.
(9)
The Statement of Objections was addressed to 30 undertakings belonging to 11 undertakings and to one association of undertakings. All parties but Flowflex, Comap and Supergrif exercised their right to be heard and participated in the oral hearing which was held on 25 and 26 January 2006.
FUNCTIONING OF THE CARTEL
(10)
Whilst there are indications that the first anti-competitive contacts between the UK producers of fittings occurred prior to 1988, evidence in the possession of the Commission demonstrates on a solid and lasting basis that December 1988 was the starting date of the infringement. On this basis the Commission considered that the collusive arrangements started in the UK among UK manufacturers on 31 December 1988. As to the behaviour of fittings manufacturers at pan-European level, due to the loose form and exploratory nature of contacts before January 1991, the Commission limited its assessment under competition rules to the period from 31 January 1991, date of the first ‘Super-EFMA’ meeting, when the competitors agreed on prices and when the pan-European arrangements were evidenced as an organised and structured scheme.
(11)
Further evidence in the Commission’s file shows that this infringement continued even after the Commission inspections in March and April 2001, as far as Comap, IBP/Oystertec (Advanced Fluid Connections) and Frabo are concerned until April 2004 and to a lesser extent as far as Delta is concerned. With regard to Aalberts, it participated in the infringement after the inspections between June 2003 and April 2004. This is the first cartel case which for certain participant companies continued for three years after the inspections.
(12)
The overall structure of the anti-competitive arrangements for the fittings products shows that they can be considered as one single infringement whereby competitors discussed prices, agreed, implemented and monitored price agreements as well as discounts and rebates, agreed on implementation mechanisms, allocated markets and customers and exchanged commercially important and confidential market information.
FINES
Basic amount
Gravity
(13)
Regarding the gravity of the infringement, impact on the market and its geographic scope, the infringement must be qualified as very serious.
Differential treatment
(14)
As there was considerable disparity between each undertaking’s weighting in terms of turnover in the cartelised industry, the Commission has applied differential treatment (groupings) to take account of each undertaking’s weighting: this approach seeks to differentiate how each undertaking’s weighting damaged competition.
(15)
The undertakings have been divided into six categories according to their relative importance. As the basis for determining the relative importance of the undertakings in this infringement, the Commission took into account the respective market shares of each undertaking with the product concerned. The individual weight of the participants in the infringement was compared on the basis of their product market shares in the EEA for all the undertakings, in the year 2000, except Aalberts and Advanced Fluid Connections, for which the year 2003 was taken as the basis of differentiation. The Commission chose 2000 because it was the most recent year of the infringement in which all the undertakings to which this Decision was addressed were active in the cartel except the two undertakings mentioned.
(16)
Accordingly Viegener and Aalberts were placed in the first category. IMI and Delta were placed in the second category, Advanced Fluid Connections in the third, Legris Industries in the fourth, SANHA Kaimer, Flowflex, Frabo and Mueller in the fifth and Pegler in the sixth category.
Sufficient deterrence
(17)
In order to set the amount of the fine at a level which ensures that it has sufficient deterrent effect the Commission considered it appropriate to apply a multiplication factor to the fine imposed on Tomkins/Pegler. In 2005, the most recent financial year preceding the Decision, the total turnover of Tomkins, Pegler’s mother company, was EUR 4,65 billion.
(18)
Accordingly and in line with previous decisions, the Commission considered it appropriate to multiply the fine for Tomkins.
Duration
(19)
Individual multiplying factors were also applied according to the duration of the infringement by each legal entity.
AGGRAVATING CIRCUMSTANCES
Participation in the infringement after the inspections
(20)
The Decision established that Oystertec/Advanced Fluid Connections, Comap, Frabo and to a lesser extent Delta did not terminate the infringement immediately after the inspections. These undertakings participated in the infringement after the inspections had taken place. As far as Aalberts is concerned, it is established that it participated in the infringement after the inspections between June 2003 and April 2004. This behaviour is a blatant disregard of the competition rules. When the Commission conducts an inspection in a cartel case, it officially alerts the undertakings concerned that competition rules may have been infringed. In the overwhelming majority of cases, experience has shown that the inspections spur the undertakings to immediately put an end to the infringement, providing thereby immediate relief for the consumers, while awaiting the Commission’s decision in the case. In this sense, the inspections have the function to deter the undertakings involved from continuing the infringement. Therefore, for the period after the inspections, undertakings should immediately stop any infringing behaviour. Nonetheless, these undertakings disregarded the inspections and certain of them continued as much as three years after.
(21)
This justified an increase in the basic amount of the fine to be imposed on Aalberts, Advanced Fluid Connections, Comap, Frabo and Delta.
(22)
However, as far as Frabo is concerned, the Decision recognises that its contribution in this regard was particularly decisive. Frabo was the first company to disclose the anti-competitive behaviour after the inspections and provided the link for the years before and after the inspections. Thus, the Commission was able to establish continuity between the two periods which without Frabo’s contribution, could not have been proven. Having regard to this circumstance and in line with the principle of fairness, Frabo was not penalised given it disclosed this post-inspection arrangement. Consequently, Frabo was exempted from this aggravating factor.
Misleading information
(23)
Furthermore in its reply to the Statement of Objections, Advanced Fluid Connections provided the Commission with misleading information. In a statement annexed to the reply to the Statement of Objections an employee of Advanced Fluid Connections stated that he did not have any telephone contacts with Frabo in the period between 2001 and 2005. Several telephone bills provided by Frabo show, contrary to this statement, that between April 2002 and July 2003, Frabo contacted Advanced Fluid Connections via mobile phone at least 28 times.
(24)
This aggravating circumstance justified an increase in the basic amount of the fine to be imposed on Advanced Fluid Connections.
ATTENUATING CIRCUMSTANCES
(25)
Several undertakings claimed some or all of the following attenuating circumstances: early termination of the infringement, a minor/passive role, the absence of an effective implementation of the practices, the implementation of compliance programs, absence of benefit, difficulties in the Fittings industry. These claims are all rejected as being unfounded except for the minor/passive role claimed by Flowflex. The basic amount for Flowflex was therefore reduced by 10 %.
Cooperation outside the leniency notice
(26)
The Decision considered that Frabo’s cooperation qualified for an attenuating factor in this regard. Frabo was the first to disclose the duration of the cartel after the inspections, and, in particular, it was the first to provide evidence and explanations to prove continuity of the infringement after the inspections and until April 2004. Prior to Frabo’s leniency application, the Commission could not have established the duration and continuity of the infringement from March 2001 until April 2004.
(27)
Frabo should not be penalised for its cooperation by imposing on it a higher fine than the one that it would have had to pay without its cooperation. Therefore the basic amount of Frabo’s fine was reduced by the hypothetical amount of the fine that would have been imposed on Frabo for a three year infringement.
APPLICATION OF THE 10 % TURNOVER LIMIT
(28)
Where appropriate, the 10 % worldwide turnover limit of Article 23(2) of Council Regulation (EC) No 1/2003 (1) was applied to the fines calculated.
APPLICATION OF THE 1996 LENIENCY NOTICE
(29)
Mueller, IMI, Delta, Frabo and Advanced Fluid Connections co-operated with the Commission at different stages of the investigation with a view to receiving the favourable treatment set out in the 1996 Leniency Notice, applicable to the present case.
Exemption from fines
(30)
Mueller was the first undertaking to inform the Commission about the existence of a cartel in the fittings sector affecting the EEA market in the 1990s. The evidence Mueller provided enabled the Commission to establish the existence, content and the participants of a number of cartel meetings and other contacts held in particular between 1991 and 2000 as well as to undertake inspections on 22 March 2001 and thereafter. Mueller therefore qualified for total exemption from any fine.
Reduction of fines
(31)
On 18 September 2003 IMI approached the Commission with a view to submitting a leniency application. IMI materially contributed to establishing the existence of the infringement, and after having received the Statement of Objections, IMI informed the Commission that it confirmed the facts presented in its leniency submissions. IMI's cooperation was rewarded with a 50 % reduction of the fine.
(32)
On 10 March 2004, Delta submitted a leniency application. Delta’s application was followed by other written submissions, a meeting and the presentation of oral statements. To a great extent, Delta corroborated the facts presented by IMI in its leniency submissions. Delta's cooperation was rewarded with a 20 % reduction of the fine.
(33)
On 19 July 2004, Frabo submitted a leniency application. To a great extent Frabo corroborated the facts presented by IMI and Delta in their leniency submissions. Frabo was the first to disclose that the infringement continued for the period after the inspections and until April 2004. In addition, Frabo’s information was also used to draft requests for information that contributed to trigger Advanced Fluid Connections’ leniency submission, in which it provided evidence on participation in the infringement after the inspection. Based on the foregoing, Frabo's cooperation was rewarded with a 20 % reduction of the fine.
(34)
On 24 May 2005, Advanced Fluid Connections (Oystertec) submitted a leniency application. To a great extent Advanced Fluid Connections corroborated the facts presented by Frabo in its leniency submission. However, in its reply to the Statement of Objections and during the Oral Hearing, Advanced Fluid Connections strongly contested that the Commission had established continuity between the periods before and after the inspections until April 2004. Finally, as indicated above, Advanced Fluid Connections misled the Commission and attempted to weaken its ability to prove the infringement. Therefore, after due consideration of all these circumstances, the Commission did not grant Advanced Fluid Connections a reduction of the fine
CLOSURE OF PROCEEDINGS
(35)
In view of the elements brought forward by the undertakings and the association of undertakings in their replies to the Statement of Objections and at the Oral Hearing, the Commission had evidence that implicateed the Fédération Française des Négociants en Appareils Sanitaires, Chauffage-Climatisation et Canalisations (FNAS) indirectly in an agreement reached on 16 February 2004 to increase prices.
(36)
However there was not sufficient evidence indicating that FNAS actively accepted the task entrusted to it by the manufacturers and that it indeed facilitated the implementation of the agreement.
(37)
Consequently, the Commission came to the conclusion that FNAS was not part of the agreement or any other anti-competitive arrangements. Therefore the proceedings against the Fédération Française des Négociants en Appareils Sanitaires, Chauffage-Climatisation et Canalisations (FNAS) were closed.
DECISION
(38)
The addressees of the Decision and the duration of their involvement were as follows:
-
Aalberts Industries NV, from 25 June 2003 until 1 April 2004,
-
Aquatis France SAS, from 31 January 1991 until 22 March 2001 (IMI) and from 25 June 2003 until 1 April 2004 (Aalberts),
-
Simplex Armaturen + Fittings GmbH & Co. KG, from 31 January 1991 until 22 March 2001 (IMI) and from 25 June 2003 until 1 April 2004 (Aalberts),
-
VSH Italia Srl, from 15 March 1994 until 22 March 2001,
-
Yorkshire Fittings Limited, from 31 December 1988 until 22 March 2001,
-
Advanced Fluid Connections plc, from 23 November 2001 until 1 April 2004,
-
IBP Limited, from 23 November 2001 until 1 April 2004,
-
International Building Products France SA, from 4 April 1998 until 23 November 2001 (Delta) and from 23 November 2001 until 1 April 2004 (Advanced Fluid Connections),
-
International Building Products GmbH, from 31 January 1991 until 23 November 2001,
-
Delta plc, from 31 December 1988 until 23 November 2001,
-
Aldway Nine Limited, from 28 July 1999 until 23 November 2001,
-
Delta Engineering Holdings Limited, from 31 December 1988 until 23 November 2001,
-
Druryway Samba Limited, from 31 December 1988 until 23 November 2001,
-
Flowflex Holdings Ltd, from 1 April 1989 until 22 March 2001,
-
Flowflex Components Ltd, from 31 December 1988 until 22 March 2001,
-
FRA.BO SpA, from 30 July 1996 until 1 April 2004,
-
IMI plc, from 31 December 1988 until 22 March 2001,
-
IMI Kynoch Ltd, from 31 December 1988 until 22 March 2001,
-
Legris Industries SA, from 31 January 1991 until 1 April 2004,
-
Comap SA, from 31 January 1991 until 1 April 2004,
-
Mueller Industries Inc., from 12 December 1991 until 12 December 2000,
-
Mueller Europe Ltd., from 28 February 1997 until 12 December 2000,
-
WTC Holding Company, Inc., from 28 February 1997 until 12 December 2000,
-
Pegler Ltd, from 31 December 1988 until 22 March 2001,
-
SANHA Kaimer GmbH & Co. KG, from 30 July 1996 until 22 March 2001,
-
Kaimer GmbH & Co. Holdings KG, from 30 July 1996 until 22 March 2001,
-
SANHA Italia srl, from 1 January 1998 until 22 March 2001,
-
Supergrif SL, from 22 July 1991 until 23 November 2001,
-
Tomkins plc, from 31 December 1988 until 22 March 2001,
-
Viega GmbH & Co. KG, from 12 December 1991 until 22 March 2001.
(39)
Following the above recitals, the following fines were imposed:
(a)
Aalberts Industries NV:
of which jointly and severally with:
(i)
Aquatis France SAS: EUR 55,15 million; and
(ii)
Simplex Armaturen + Fittings GmbH & Co. KG: EUR 55,15 million
EUR 100,80 million
(b)
1.
IMI plc jointly and severally with IMI Kynoch Ltd:
of which jointly and severally with:
(i)
Yorkshire Fittings Limited: EUR 9,64 million; and
(ii)
VSH Italia Srl: EUR 0,42 million; and
(iii)
Aquatis France SAS: EUR 48,30 million; and
(iv)
Simplex Armaturen + Fittings GmbH & Co. KG: EUR 48,30 million
EUR 48,30 million
2.
Aquatis France SAS and Simplex Armaturen + Fittings GmbH & Co. KG are jointly and severally liable for the additional amount of:
EUR 2,04 million
(c)
Advanced Fluid Connections plc:
of which jointly and severally with:
(i)
IBP Limited: EUR 11,26 million; and
(ii)
International Building Products
France SA: EUR 5,63 million
EUR 18,08 million
(d)
Delta plc jointly and severally with Delta Engineering Holdings Limited:
of which jointly and severally with:
(i)
Druryway Samba Limited: EUR 28.31 million; and
(ii)
International Building Products GmbH: EUR 2,81 million; and
(iii)
International Building Products France SA: EUR 5,63 million; and
(iv)
Aldway Nine Limited: EUR 28,31 million; and
(v)
Supergrif SL: EUR 0,59 million
EUR 28,31 million
(e)
Flowflex Holdings Ltd
jointly and severally with Flowflex Components Ltd:
EUR 1,34 million
(f)
FRA.BO SpA:
EUR 1,58 million
(g)
Legris Industries SA:
of which jointly and severally
with Comap SA: EUR 18,56 million
EUR 46,80 million
(h)
Tomkins plc
jointly and severally with Pegler Ltd:
EUR 5,25 million
(i)
Kaimer GmbH & Co. Holdings KG:
of which jointly and severally with:
(i)
SANHA Kaimer GmbH & Co. KG: EUR 7,97 million; and
(ii)
SANHA Italia srl: EUR 7,15 million
EUR 7,97 million
(j)
Viega GmbH & Co. KG:
EUR 54,29 million
(40)
The undertakings listed in recital 38 were ordered to bring to an end immediately the infringement referred to in recital 3, insofar as they had not already done so and to refrain from repeating any act or conduct described in recital 3, and from any act or conduct having an identical or similar object or effect.
|
[
0,
1,
0,
0,
1,
0,
0,
0,
0,
0,
0
] |
Council Regulation (EC) No 1211/2003
of 7 July 2003
amending Regulation (EC) No 1081/2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism, and freezing the funds of certain persons related to important governmental functions in that country
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 301 thereof,
Having regard to Common Position 2003/297/CFSP of 28 April 2003 on Burma/Myanmar(1) and Council Decision 2003/461/CFSP of 20 June 2003 implementing Common Position 2003/297/CFSP(2) on Burma/Myanmar,
Having regard to the proposal from the Commission,
Whereas:
(1) The Council has expressed its grave concern over the deteriorating overall situation in Burma/Myanmar, in particular the arrest of Aung San Suu Kyi and other members of the National League for Democracy and the closure of NLD offices.
(2) In view of this, Decision 2003/461/CFSP provides, inter alia, for enforcement of the ban on technical training or assistance related to arms and related material.
(3) This ban on technical advice, assistance or training related to arms and related material falls under the scope of the Treaty. Therefore, with a view to avoiding distortion of competition, Community legislation is necessary as far as the territory of the Community is concerned. For the purposes of this Regulation, such territory is deemed to encompass all the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty.
(4) This ban should therefore be added to the measures imposed by Regulation (EC) No 1081/2000(3),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1081/2000 is hereby amended as follows:
1. the following Article shall be inserted:
"Article 1a
1. Without prejudice to the powers of the Member States in the exercise of their public authority, providing Burma/Myanmar with technical training or assistance related to the supply, manufacture, maintenance or use of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, shall be prohibited.
2. Paragraph 1 shall not apply to technical assistance or training related to non-lethal military equipment intended solely for humanitarian or protective use.";
2. Article 5 shall be replaced by the following:
"Article 5
The participation, knowingly and intentionally, in related activities, the object or effect of which is, directly or indirectly, to promote the transactions or activities referred to in Articles 1 and 1a or to circumvent the provisions of this Regulation, shall be prohibited."
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, 7 July 2003.
|
[
0,
0,
0,
1,
0,
1,
0,
1,
0,
0,
1
] |
DIRECTIVE 97/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3) in the light of the joint text approved by the Conciliation Committee on 19 March 1997,
(1) Whereas from 1 January 1998, with transition periods for certain Member States, the provision of telecommunications services and infrastructure in the Community will be liberalized; whereas the Council Resolution of 7 February 1994 on universal service principles in the telecommunications sector (4) recognizes that in order to promote Community-wide telecommunications services there is a need to ensure interconnection of public networks and, in the future competitive environment, interconnection between different national and Community operators; whereas Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (5) lays down harmonized principles for open and efficient access to, and use of, public telecommunications networks and, where applicable, publicly available services; whereas the Council Resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the need for further development in that market (6) recognizes that open network provision measures provide an appropriate framework for harmonizing interconnection conditions; whereas this harmonization is essential for the establishment and proper functioning of the internal market for telecommunications services; whereas the Council Resolution of 18 September 1995 on the implementation of the future regulatory framework for telecommunications (7) recognizes as key factors of this future regulatory framework the maintenance and development of a universal service as well as a specific regulation on interconnection, and sets out some guidelines on these subjects;
(2) Whereas a general framework for interconnection to public telecommunications networks and publicly available telecommunications services, irrespective of the supporting technologies employed, is needed in order to provide end-to-end interoperability of services for Community users; whereas fair, proportionate and non-discriminatory conditions for interconnection and interoperability are key factors in fostering the development of open and competitive markets;
(3) Whereas the abolition of special and exclusive rights in telecommunications means that certain existing definitions need to be revised; whereas for the purposes of this Directive, telecommunications services do not include radio and television broadcasting services; whereas the technical conditions, tariffs, usage and supply conditions that apply to interconnection may be different from the conditions that apply at end-user/network interfaces;
(4) Whereas the regulatory framework for interconnection covers those situations where the interconnected networks are used for the commercial provision of publicly available telecommunications services; whereas the regulatory framework for interconnection does not cover cases where a telecommunications network is used for the provision of telecommunications services available only to a specific end-user or to a closed user group, but covers only cases where a telecommunications network is used for the provision of publicly available services; whereas telecommunications networks which are interconnected may be owned by the parties involved or may be based on leased lines and/or transmission capacity not owned by the parties involved;
(5) Whereas, following the removal of special and exclusive rights for telecommunications services and infrastructure in the Community, the provision of telecommunications networks or services may require some form of authorization by Member States; whereas organizations authorized to provide public telecommunications networks or publicly available telecommunications services in all or part of the Community should be free to negotiate interconnection agreements on a commercial basis in accordance with Community law, subject to supervision and, if necessary, intervention by national regulatory authorities; whereas it is necessary to ensure adequate interconnection within the Community of certain networks and interoperability of services essential for the social and economic well-being of Community users, notably fixed and mobile public telephone networks and services, and leased lines; whereas, for the purpose of this Directive 'public` does not refer to ownership, nor does it refer to a limited set of offerings designated as 'public networks` or 'public services`, but means any network or service that is made publicly available for use by third parties;
(6) Whereas it is necessary to define those organizations which have rights and obligations for interconnection; whereas in order to stimulate development of new types of telecommunications services, it is important to encourage new forms of interconnection and special network access at points other than the network termination points offered to the majority of end-users; whereas the market power of an organization depends on a number of factors including its share of the relevant product or service market in the relevant geographical market, its turnover relative to the size of the market, its ability to influence market conditions, its control of the means of access to end-users, its international links, its access to financial resources and its experience in providing products and services in the market; whereas, the determination of which organizations have significant market power should be undertaken by national regulatory authorities taking into account the situation in the relevant market;
(7) Whereas the concept of universal service must evolve to keep pace with advances in technology, market development and changes in user demand; whereas the new conditions for the provision of universal service should be assessed in the future review of this Directive;
(8) Whereas obligations for the provision of universal service contribute to the Community objective of economic and social cohesion and territorial equity; whereas there may be more than one organization in a Member State with universal service obligations; whereas Member States should encourage the early introduction of new technologies like the integrated services digital network (ISDN) on as broad a basis as possible; whereas at its current stage of development in the Community, ISDN is not accessible for all users and is not subject to the universal service provisions of this Directive; whereas it may be appropriate in due course to consider whether ISDN should be part of the universal service; whereas the calculation of the net cost of universal service should take due account of costs and revenues, as well as economic externalities and the intangible benefits resulting from providing universal service but should not hinder the on-going process of tariff rebalancing; whereas costs of universal service obligations should be calculated on the basis of transparent procedures; whereas financial contributions related to the sharing of universal service obligations should be unbundled from charges for interconnection; whereas, when a universal service obligation represents an unfair burden on an organization, it is appropriate to allow Member States to establish mechanisms for sharing the net cost of universal provision of a fixed public telephone network or a fixed public telephone service with other organizations operating public telecommunications networks and/or publicly available voice telephony services; whereas this should respect the principles of Community law, in particular those of non-discrimination and proportionality and should be without prejudice to Article 100a (2) of the Treaty;
(9) Whereas it is important to lay down principles to guarantee transparency, access to information, non-discrimination and equality of access, in particular for organizations with significant market power;
(10) Whereas pricing for interconnection is a key factor in determining the structure and the intensity of competition in the transformation process towards a liberalized market; whereas organizations with significant market power must be able to demonstrate that their interconnection charges are set on the basis of objective criteria and follow the principles of transparency and cost orientation, and are sufficiently unbundled in terms of network and service elements offered; whereas publication of a list of interconnection services, charges, terms and conditions enhances the necessary transparency and non-discrimination; whereas flexibility in the methods of charging for interconnection traffic should be possible, including capacity-based charging; whereas the level of charges should promote productivity and encourage efficient and sustainable market entry, and should not be below a limit calculated by the use of long-run incremental cost and cost allocation and attribution methods based on actual cost causation, nor above a limit set by the stand-alone cost of providing the interconnection in question; whereas charges for interconnection based on a price level closely linked to the long-run incremental cost for providing access to interconnection are appropriate for encouraging the rapid development of an open and competitive market;
(11) Whereas, where an organization with special or exclusive rights in a non-telecommunications field also provides telecommunications services, accounting separation or structural separation are appropriate means to discourage unfair cross-subsidies at least above a certain turnover in telecommunications activities; whereas, when an organization enjoys significant market power, appropriate accounting separation between interconnection activities and other telecom activities, so as to identify all elements of cost and revenue related to those activities, ensures transparency of internal cost transfers;
(12) Whereas national regulatory authorities have an important role in encouraging the development of a competitive market in the interests of Community users, and of securing adequate interconnection of networks and interoperability of services; whereas adequate interconnection takes account of the requests of the operator wishing to interconnect, in particular concerning the most appropriate interconnection points, with each operator having responsibility for carrying calls and setting charges to each other up to the interconnection point; whereas negotiation of interconnection agreements can be facilitated by national regulatory authorities setting down certain conditions in advance, in accordance with Community law, taking into account the recommendations defined by the Commission so as to facilitate the development of a genuine European home market, and identifying other areas to be covered in interconnection agreements; whereas in the event of a dispute over interconnection between parties in the same Member State, an aggrieved party must be able to call on the national regulatory authority to resolve the dispute; whereas national regulatory authorities must be able to require organizations to interconnect their facilities, where it can be demonstrated that this is in the users' interests;
(13) Whereas, in accordance with Directive 90/387/EEC, the essential requirements justifying restrictions on access to and use of public telecommunications networks or services are limited to security of network operations, maintenance of network integrity, interoperability of services in justified cases, and protection of data as appropriate; whereas the reasons for these restrictions must be made public; whereas the provisions of this Directive do not prevent a Member State from taking measures justified on grounds set out in Articles 36 and 56 of the Treaty, and in particular on grounds of public security, public policy and public morality;
(14) Whereas facility sharing can be of benefit for town planning, environmental, economic or other reasons, and should be encouraged by national regulatory authorities on the basis of voluntary agreements; whereas compulsory facility sharing may be appropriate in some circumstances, but should be imposed on organizations only after full public consultation;
(15) Whereas numbering is a key element for equal access; whereas national regulatory authorities should have the responsibility for administering and controlling national numbering plans, and those naming and addressing aspects of telecommunications services where coordination at a national level is required, so as to ensure effective competition; whereas in exercising this responsibility, national regulatory authorities must have regard to the principle of proportionality, particularly as to the effect of any measures on network operators, resellers and consumers; whereas number portability is an important facility for users, and should be implemented as soon as practicable; whereas numbering schemes should be developed in full consultation with all the parties involved and in harmony with a long-term Europe-wide numbering framework and international numbering schemes as being considered in the European Conference of Postal and Telecommunications Administrations (CEPT); whereas numbering requirements in Europe, the need for the provision of pan-European and new services and the globalization and synergy of the telecommunications market require coordination of national positions in accordance with the Treaty in international organizations and fora where numbering decisions are taken;
(16) Whereas, in accordance with Directive 90/387/EEC, the harmonization of technical interfaces and access conditions must be based on common technical specifications which take account of international standardization; whereas the development of new European standards for interconnection may be needed; whereas, in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (8), new national standards must not be developed in areas where harmonized European standards are under development;
(17) Whereas, in accordance with Directive 90/387/EEC, open network provision conditions must be transparent and published in an appropriate manner; whereas that Directive set up a Committee (the ONP Committee) to assist the Commission, and provides a procedure for consultation with telecommunications organizations, users, consumers, manufacturers and service providers;
(18) Whereas, in addition to the rights of recourse granted under national or Community law, there is a need for a simple procedure to resolve cross-border disputes which lie outside the competence of a single national regulatory authority; whereas this procedure, to be initiated at the request of either party in dispute, should be responsive, inexpensive and transparent;
(19) Whereas, to enable the Commission to monitor effectively the application of this Directive, it is necessary that Member States notify to the Commission the national regulatory authorities which will be responsible for the functions created by this Directive and the organizations covered by its provisions;
(20) Whereas, given the dynamic development in this sector, a responsive procedure for adjustment of some Annexes to this Directive should be established which takes full account of the views of Member States and should involve the ONP Committee;
(21) Whereas a modus vivendi (9) between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty was concluded on 20 December 1994;
(22) Whereas the implementation of certain obligations must be linked to the date of liberalization of telecommunications services and infrastructure and, in particular in regard to the relevant Member States, take full account of the relevant transition periods, including the retention of special or exclusive rights in relation to direct interconnection between the mobile networks of those Member States and the fixed or mobile networks of other Member States; whereas deferment of the obligation to provide number portability may be granted where the Commission agrees that the obligation would impose an excessive burden on certain organizations;
(23) Whereas this Directive does not, in the case of undertakings which are not established in the Community, prevent the adoption of measures in accordance with both Community law and existing international obligations designed to ensure that nationals of the Member States enjoy similar treatment in third countries; whereas Community undertakings should benefit in third countries from treatment and effective access that is comparable to the treatment and access to the market which is conferred on nationals of the countries concerned within the Community context; whereas in negotiations on telecommunications the Community will have to seek a balanced multilateral agreement which provides Community operators with effective and comparable access in third countries;
(24) Whereas the functioning of this Directive should be reviewed by 31 December 1999, in particular to examine the scope of universal service and the timetable for number portability; whereas the situation with regard to interconnection with third countries should also be periodically reviewed, to allow appropriate action to be taken;
(25) Whereas the essential goal of interconnection of networks and interoperability of services throughout the Community cannot be sufficiently achieved at Member State level, and can therefore be better achieved at Community level by this Directive; whereas it is desirable, when this Directive is reviewed, to assess the case for the establishment of a European Regulatory Authority, taking into account inter alia preparatory work undertaken by the Commission; whereas when effective competition is achieved in the market the competition rules of the Treaty will in principle be sufficient to monitor fair competition ex-post so that the need for this Directive will be reconsidered, with the exception of the provisions on universal service and the settlement of disputes;
(26) Whereas this Directive is without prejudice to the application of the competition rules of the Treaty,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Scope and aim
This Directive establishes a regulatory framework for securing in the Community the interconnection of telecommunications networks and in particular the interoperability of services, and with regard to ensuring provision of universal service in an environment of open and competitive markets.
It concerns the harmonization of conditions for open and efficient interconnection of and access to public telecommunications networks and publicly available telecommunications services.
Article 2
Definitions
1. For the purposes of this Directive:
(a) 'interconnection` means the physical and logical linking of telecommunications networks used by the same or a different organization in order to allow the users of one organization to communicate with users of the same or another organization, or to access services provided by another organization. Services may be provided by the parties involved or other parties who have access to the network;
(b) 'public telecommunications network` means a telecommunications network used, in whole or in part, for the provision of publicly available telecommunications services;
(c) 'telecommunications network` means transmission systems and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means;
(d) 'telecommunications services` means services whose provision consists wholly or partly in the transmission and routing of signals on telecommunications networks, with the exception of radio and television broadcasting;
(e) 'users` means individuals, including consumers or organizations, using or requesting publicly available telecommunications services;
(f) 'special rights` means rights that are granted by a Member State to a limited number of undertakings through any legislative, regulatory or administrative instrument which, within a given geographical area, limits to two or more the number of such undertakings authorized to provide a service or undertake an activity, otherwise than according to objective, proportionate and non-discriminatory criteria, or designates, otherwise than according to such criteria, several competing undertakings as being authorized to provide a service or undertake an activity, or confers, on any undertaking or undertakings, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other undertaking to provide the same service or to undertake the same activity in the same geographical area under substantially the same conditions;
(g) 'universal service` means a defined minimum set of services of specified quality which is available to all users independent of their geographical location and, in the light of specific national conditions, at an affordable price.
2. Further definitions given in Directive 90/387/EEC shall apply, where relevant.
Article 3
Interconnection at national and Community level
1. Member States shall take all necessary measures to remove any restrictions which prevent organizations authorized by Member States to provide public telecommunications networks and publicly available telecommunications services from negotiating interconnection agreements between themselves in accordance with Community law. The organizations concerned may be in the same Member State or in different Member States. Technical and commercial arrangements for interconnection shall be a matter for agreement between the parties involved, subject to the provisions of this Directive and the competition rules of the Treaty.
2. Member States shall ensure the adequate and efficient interconnection of the public telecommunications networks set out in Annex I, to the extent necessary to ensure interoperability of these services for all users within the Community.
3. Member States shall ensure that organizations which interconnect their facilities to public telecommunications networks and/or publicly available telecommunications services respect at all times the confidentiality of information transmitted or stored.
Article 4
Rights and obligations for interconnection
1. Organizations authorized to provide public telecommunications networks and/or publicly available telecommunications services as set out in Annex II shall have a right and, when requested by organizations in that category, an obligation to negotiate interconnection with each other for the purpose of providing the services in question, in order to ensure provision of these networks and services throughout the Community. On a case-by-case basis, the national regulatory authority may agree to limit this obligation on a temporary basis and on the grounds that there are technically and commercially viable alternatives to the interconnection requested, and that the requested interconnection is inappropriate in relation to the resources available to meet the request. Any such limitation imposed by a national regulatory authority shall be fully reasoned and made public in accordance with Article 14 (2).
2. Organizations authorized to provide public telecommunications networks and publicly available telecommunications services as set out in Annex I which have significant market power shall meet all reasonable requests for access to the network including access at points other than the network termination points offered to the majority of end-users.
3. An organization shall be presumed to have significant market power when it has a share of more than 25 % of a particular telecommunications market in the geographical area in a Member State within which it is authorized to operate.
National regulatory authorities may nevertheless determine that an organization with a market share of less than 25 % in the relevant market has significant market power. They may also determine that an organization with a market share of more than 25 % in the relevant market does not have significant market power. In either case, the determination shall take into account the organization's ability to influence market conditions, its turnover relative to the size of the market, its control of the means of access to end-users, its access to financial resources and its experience in providing products and services in the market.
Article 5
Interconnection and universal service contributions
1. Where a Member State determines, in accordance with the provisions of this Article, that universal service obligations represent an unfair burden on an organization, it shall establish a mechanism for sharing the net cost of the universal service obligations with other organizations operating public telecommunications networks and/or publicly available voice telephony services. Member States shall take due account of the principles of transparency, non-discrimination and proportionality in setting the contributions to be made. Only public telecommunications networks and publicly available telecommunications services as set out in Part 1 of Annex I may be financed in this way.
2. Contributions to the cost of universal service obligations if any may be based on a mechanism specifically established for the purpose and administered by a body independent of the beneficiaries, and/or may take the form of a supplementary charge added to the interconnection charge.
3. In order to determine the burden if any which the provision of universal service represents, organizations with universal service obligations shall, at the request of their national regulatory authority, calculate the net cost of such obligations in accordance with Annex III. The calculation of the net cost of universal service obligations shall be audited by the national regulatory authority or another competent body, independent of the telecommunications organization, and approved by the national regulatory authority. The results of the cost calculation and the conclusions of the audit shall be open to the public in accordance with Article 14 (2).
4. Where justified on the basis of the net cost calculation referred to in paragraph 3, and taking into account the market benefit if any which accrues to an organization that offers universal service, national regulatory authorities shall determine whether a mechanism for sharing the net cost of universal service obligations is justified.
5. Where a mechanism for sharing the net cost of universal service obligations as referred to in paragraph 4 is established, national regulatory authorities shall ensure that the principles for cost sharing, and details of the mechanism used, are open to public inspection in accordance with Article 14 (2).
National regulatory authorities shall ensure that an annual report is published giving the calculated cost of universal service obligations, and identifying the contributions made by all the parties involved.
6. Until such time as the procedure described in paragraphs 3, 4 and 5 is implemented, any charges payable by an interconnected party which include or serve as a contribution to the cost of universal service obligations shall be notified, prior to their introduction, to the national regulatory authority. Without prejudice to Article 17 of this Directive, where the national regulatory authority finds, on its own initiative, or after a substantiated request by an interested party, that such charges are excessive, the organization concerned shall be required to reduce the relevant charges. Such reductions shall be applied retrospectively, from the date of introduction of the charges, but not before 1 January 1998.
Article 6
Non-discrimination and transparency
For interconnection to public telecommunications networks and publicly available telecommunications services as set out in Annex I provided by organizations which have been notified by national regulatory authorities as having significant market power, Member States shall ensure that:
(a) the organizations concerned adhere to the principle of non-discrimination with regard to interconnection offered to others. They shall apply similar conditions in similar circumstances to interconnected organizations providing similar services, and shall provide interconnection facilities and information to others under the same conditions and of the same quality as they provide for their own services, or those of their subsidiaries or partners;
(b) all necessary information and specifications are made available on request to organizations considering interconnection, in order to facilitate conclusion of an agreement; the information provided should include changes planned for implementation within the next six months, unless agreed otherwise by the national regulatory authority;
(c) interconnection agreements are communicated to the relevant national regulatory authorities, and made available on request to interested parties, in accordance with Article 14 (2), with the exception of those parts which deal with the commercial strategy of the parties. The national regulatory authority shall determine which parts deal with the commercial strategy of the parties. In every case, details of interconnection charges, terms and conditions and any contributions to universal service obligations shall be made available on request to interested parties;
(d) information received from an organization seeking interconnection is used only for the purpose for which it was supplied. It shall not be passed on to other departments, subsidiaries or partners for whom such information could provide a competitive advantage.
Article 7
Principles for interconnection charges and cost accounting systems
1. Member States shall ensure that the provisions of paragraphs 2 to 6 apply to organizations operating the public telecommunications networks and/or publicly available telecommunications services as set out in Parts 1 and 2 of Annex I, which have been notified by national regulatory authorities as having significant market power.
2. Charges for interconnection shall follow the principles of transparency and cost orientation. The burden of proof that charges are derived from actual costs including a reasonable rate of return on investment shall lie with the organization providing interconnection to its facilities. National regulatory authorities may request an organization to provide full justification for its interconnection charges, and where appropriate shall require charges to be adjusted. This paragraph shall also apply to organizations set out in Part 3 of Annex I which have been notified by national regulatory authorities as having significant market power on the national market for interconnection.
3. National regulatory authorities shall ensure the publication, in accordance with Article 14 (1), of a reference interconnection offer. The reference interconnection offer shall include a description of the interconnection offerings broken down into components according to market needs, and the associated terms and conditions including tariffs.
Different tariffs, terms and conditions for interconnection may be set for different categories of organizations which are authorized to provide networks and services, where such differences can be objectively justified on the basis of the type of interconnection provided and/or the relevant national licensing conditions. National regulatory authorities shall ensure that such differences do not result in distortion of competition, and in particular that the organization applies the appropriate interconnection tariffs, terms and conditions when providing interconnection for its own services or those of its subsidiaries or partners, in accordance with Article 6 (a).
The national regulatory authority shall have the ability to impose changes in the reference interconnection offer, where justified.
Annex IV provides a list of examples of elements for further elaboration of interconnection charges, tariff structures and tariff elements. Where an organization makes changes to the published reference interconnection offer, adjustments required by the national regulatory authority may be retrospective in effect, from the date of introduction of the change.
4. Charges for interconnection shall, in accordance with Community law, be sufficiently unbundled, so that the applicant is not required to pay for anything not strictly related to the service requested.
5. The Commission shall, acting in accordance with the procedure laid down in Article 15, draw up recommendations on cost accounting systems and accounting separation in relation to interconnection. National regulatory authorities shall ensure that the cost accounting systems used by the organizations concerned are suitable for implementation of the requirements of this Article, and are documented to a sufficient level of detail, as indicated in Annex V.
National regulatory authorities shall ensure that a description of the cost accounting system, showing the main categories under which costs are grouped and the rules used for the allocation of costs to interconnection, is made available on request. Compliance with the cost accounting system shall be verified by the national regulatory authority or another competent body, independent of the telecommunications organization and approved by the national regulatory authority. A statement concerning compliance shall be published annually.
6. Where they exist, charges related to the sharing of the cost of universal service obligations, as described in Article 5, shall be unbundled and identified separately.
Article 8
Accounting separation and financial reports
1. Member States shall require organizations providing public telecommunications networks and/or publicly available telecommunications services which have special or exclusive rights for the provision of services in other sectors in the same or another Member State to keep separate accounts for the telecommunications activities, to the extent that would be required if the telecommunications activities in question were carried out by legally independent companies, so as to identify all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to their telecommunications activities including an itemized breakdown of fixed asset and structural costs, or to have structural separation for the telecommunications activities.
Member States may choose not to apply the requirements referred to in the first subparagraph to these organizations where their annual turnover in telecommunications activities in the Community is less than the limit set in Part 1 of Annex VI.
2. Member States shall require organizations operating public telecommunications networks and/or publicly available telecommunications services as set out in Parts 1 and 2 of Annex I and notified by national regulatory authorities as organizations having significant market power which provide public telecommunications networks and/or telecommunications services available for users and which offer interconnection services to other organizations, to keep separate accounts for, on the one hand, their activities related to interconnection - covering both interconnection services provided internally and interconnection services provided to others - and, on the other hand, other activities, so as to identify all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to their interconnection activity, including an itemized breakdown of fixed asset and structural costs.
Member States may choose not to apply the requirements referred to in the first subparagraph to organizations where their annual turnover in telecommunications activities in the Member States is less than the limit set in Part 2 of Annex VI.
3. Organizations providing public telecommunications networks and/or publicly available telecommunications services shall provide financial information to their national regulatory authority promptly on request and to the level of detail required. National regulatory authorities may publish such information as would contribute to an open and competitive market, while taking account of considerations of commercial confidentiality.
4. The financial reports of organizations providing public telecommunications networks or publicly available telecommunications services shall be drawn up and submitted to independent audit and published. The audit shall be carried out in accordance with the relevant rules of national legislation.
The first subparagraph shall also apply to the separate accounts required in paragraphs 1 and 2.
Article 9
General responsibilities of the national regulatory authorities
1. National regulatory authorities shall encourage and secure adequate interconnection in the interests of all users, exercising their responsibility in a way that provides maximum economic efficiency and gives the maximum benefit to end-users. In particular, national regulatory authorities shall take into account:
- the need to ensure satisfactory end-to-end communications for users,
- the need to stimulate a competitive market,
- the need to ensure the fair and proper development of a harmonized European telecommunication market,
- the need to cooperate with their counterparts in other Member States,
- the need to promote the establishment and development of trans-European networks and services, and the interconnection of national networks and interoperability of services, as well as access to such networks and services,
- the principles of non-discrimination (including equal access) and proportionality,
- the need to maintain and develop universal service.
2. General conditions set down in advance by the national regulatory authority shall be published in accordance with Article 14 (1).
In particular, in relation to interconnection between organizations set out in Annex II, national regulatory authorities:
- may set ex ante conditions in the areas listed in Part 1 of Annex VII;
- shall encourage coverage in interconnection agreements of the issues listed in Part 2 of Annex VII.
3. In pursuit of the aims stated in paragraph 1, national regulatory authorities may intervene on their own initiative at any time, and shall do so if requested by either party, in order to specify issues which must be covered in an interconnection agreement, or to lay down specific conditions to be observed by one or more parties to such an agreement. National regulatory authorities may, in exceptional cases, require changes to be made to interconnection agreements already concluded, where justified to ensure effective competition and/or interoperability of services for users.
Conditions set by the national regulatory authority may include inter alia conditions designed to ensure effective competition, technical conditions, tariffs, supply and usage conditions, conditions as to compliance with relevant standards, compliance with essential requirements, protection of the environment, and/or the maintenance of end-to-end quality of service.
The national regulatory authority may, on its own initiative at any time or if requested by either party, also set time limits within which negotiations on interconnection are to be completed. If agreement is not reached within the time allowed, the national regulatory authority shall take steps to bring about an agreement under procedures laid down by that authority. The procedures shall be open to the public in accordance with Article 14 (2).
4. Where an organization authorized to provide public telecommunications networks or publicly available telecommunications services enters into interconnection agreements with others, the national regulatory authority shall have the right to inspect all such interconnection agreements in their entirety.
5. In the event of an interconnection dispute between organizations in a Member State, the national regulatory authority of that Member State shall, at the request of either party, take steps to resolve the dispute within six months of this request. The resolution of the dispute shall represent a fair balance between the legitimate interests of both parties.
In so doing, the national regulatory authority shall take into account, inter alia:
- the user interest,
- regulatory obligations or constraints imposed on any of the parties,
- the desirability of stimulating innovative market offerings, and of providing users with a wide range of telecommunications services at a national and at a Community level,
- the availability of technically and commercially viable alternatives to the interconnection requested,
- the desirability of ensuring equal access arrangements,
- the need to maintain the integrity of the public telecommunications network and the interoperability of services,
- the nature of the request in relation to the resources available to meet the request,
- the relative market positions of the parties,
- the public interest (e.g. the protection of the environment),
- the promotion of competition,
- the need to maintain a universal service.
A decision on the matter by a national regulatory authority shall be made available to the public in accordance with national procedures. The parties concerned shall be given a full statement of the reasons on which it is based.
6. In cases where organizations which are authorized to provide public telecommunications networks and/or publicly available telecommunications services have not interconnected their facilities, national regulatory authorities, in compliance with the principle of proportionality and in the interest of users, shall be able, as a last resort, to require the organizations concerned to interconnect their facilities in order to protect essential public interests and, where appropriate, shall be able to set terms of interconnection.
Article 10
Essential requirements
Without prejudice to action which may be taken in accordance with Articles 3 (5) and 5 (3) of Directive 90/387/EEC, the essential requirements as specified in Article 3 (2) of Directive 90/387/EEC shall for the purpose of this Directive apply to interconnection to public telecommunications networks and/or publicly available telecommunications services as set out in points (a) to (d) of this Article.
Where the national regulatory authority imposes conditions based on essential requirements in interconnection agreements, these conditions shall be published in the manner laid down in Article 14 (1).
(a) Security of network operations: Member States shall take all necessary steps to ensure that the availability of public telecommunications networks and publicly available telecommunications services is maintained in the event of catastrophic network breakdown or in exceptional cases of force majeure, such as extreme weather, earthquakes, flood, lightning or fire.
In the event of the circumstances referred to in the first subparagraph, the bodies concerned shall make every endeavour to maintain the highest level of service to meet any priorities laid down by the competent national authorities.
The need to meet these requirements shall not constitute a valid reason for refusal to negotiate terms for interconnection.
Furthermore, the national regulatory authority shall ensure that any conditions for interconnection related to the security of networks as regards risk of accidents are proportionate and non-discriminatory in nature, and are based on objective criteria identified in advance.
(b) Maintenance of network integrity: Member States shall take all necessary steps to ensure that the integrity of public telecommunications networks is maintained. The need to maintain network integrity does not constitute a valid reason for refusal to negotiate terms for interconnection. The national regulatory authority shall ensure that any conditions for interconnection related to protection of network integrity are proportionate and non-discriminatory in nature, and are based on objective criteria identified in advance.
(c) Interoperability of services: Member States may impose conditions in interconnection agreements in order to ensure interoperability of services, including conditions designed to ensure satisfactory end-to-end quality. Such conditions may include implementation of specific technical standards, or specifications, or codes of conduct agreed by the market players.
(d) Protection of data: Member States may impose conditions in interconnection agreements in order to ensure the protection of data, to the extent necessary to ensure compliance with relevant regulatory provisions on the protection of data including protection of personal data, the confidentiality of information processed, transmitted or stored, and the protection of privacy, compatible with Community law.
Article 11
Collocation and facility sharing
Where an organization providing public telecommunications networks and/or publicly available telecommunications services has the right under national legislation to install facilities on, over or under public or private land, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall encourage the sharing of such facilities and/or property with other organizations providing telecommunications networks and publicly available services, in particular where essential requirements deprive other organizations of access to viable alternatives.
Agreements for collocation or facility sharing shall normally be a matter for commercial and technical agreement between the parties concerned. The national regulatory authority may intervene to resolve disputes, as provided for in Article 9.
Member States may impose facility and/or property sharing arrangements (including physical collocation) only after an appropriate period of public consultation during which all interested parties must be given an opportunity to express their views. Such arrangements may include rules for apportioning the costs of facility and/or property sharing.
Article 12
Numbering
1. Member States shall ensure the provision of adequate numbers and numbering ranges for all publicly available telecommunications services.
2. In order to ensure full interoperability of Europe-wide networks and services, Member States in accordance with the Treaty shall take all necessary steps to ensure the coordination of their national positions in international organizations and fora where numbering decisions are taken, taking into account possible future developments in numbering in Europe.
3. Member States shall ensure that national telecommunications numbering plans are controlled by the national regulatory authority, in order to guarantee independence from organizations providing telecommunications networks or telecommunications services and facilitate number portability. In order to ensure effective competition, national regulatory authorities shall ensure that the procedures for allocating individual numbers and/or numbering ranges are transparent, equitable and timely and the allocation is carried out in an objective, transparent and non-discriminatory manner. National regulatory authorities may lay down conditions for the use of certain prefixes or certain short codes, in particular where these are used for services of general public interest (e.g. freephone services, kiosk billed services, directory services, emergency services), or to ensure equal access.
4. National regulatory authorities shall ensure that the main elements of the national numbering plans, and all subsequent additions or amendments to them, are published in accordance with Article 14 (1), subject only to limitations imposed on the grounds of national security.
5. National regulatory authorities shall encourage the earliest possible introduction of the number portability facility whereby end-users who so request can retain their number(s) on the fixed public telephone network at a specific location independent of the organization providing service, and shall ensure that this facility is available at least in all major centres of population before 1 January 2003.
In order to ensure that charges to consumers are reasonable, national regulatory authorities shall ensure that pricing for interconnection related to the provision of this facility is reasonable.
6. National regulatory authorities shall ensure that numbering plans and procedures are applied in a manner that gives fair and equal treatment to all providers of publicly available telecommunications services. In particular, Member States shall ensure that an organization allocated a range of numbers shall avoid undue discrimination in the number sequences used to give access to the services of other telecommunications operators.
Article 13
Technical standards
1. Without prejudice to Article 5 (3) of Directive 90/387/EEC whereby the implementation of specified European standards may be made compulsory, national regulatory authorities shall ensure that organizations providing public telecommunications networks or publicly available telecommunications services take full account of standards listed in the Official Journal of the European Communities as being suitable for the purpose of interconnection.
In the absence of such standards, national regulatory authorities shall encourage the provision of technical interfaces for interconnection according to the standards or specifications listed below:
- standards adopted by European standardization bodies such as the European Telecommunications Standards Institute (ETSI) or the European Committee for Standardization/European Committee for Electrotechnical Standardization (CEN/CENELEC), or, in the absence of such standards,
- international standards or recommendations adopted by the International Telecommunications Union (ITU), the International Organization for Standardization (ISO) or the International Electrotechnical Committee (IEC), or, in the absence of such standards,
- national standards.
2. The Commission may, acting in accordance with the procedure laid down in Article 15, request standards for interconnection and access to be drawn up, where appropriate, by European standardization bodies. Reference to standards for interconnection and access may be published in the Official Journal of the European Communities in accordance with Article 5 of Directive 90/387/EEC.
Article 14
Publication of and access to information
1. With regard to the information identified in Article 7 (3), Article 9 (2), Article 10 and Article 12 (4), national regulatory authorities shall ensure that up-to-date information is published in an appropriate manner in order to provide easy access to that information for interested parties. Reference shall be made in the national Official Gazette of the Member State concerned to the manner in which this information is published.
2. With regard to the information identified in Article 4 (1), Article 5 (3), Article 5 (5), Article 6 (c) and Article 9 (3), national regulatory authorities shall ensure that up-to-date specific information referred to in those Articles is made available on request to interested parties, free of charge, during normal working hours. Reference shall be made in the national Official Gazette of the Member State concerned to the times and location(s) at which the information is available.
3. Member States shall notify to the Commission before 1 January 1998 - and immediately thereafter in case of any change - the manner in which the information referred to in paragraphs 1 and 2 is made available. The Commission shall regularly publish a corresponding reference to such notifications in the Official Journal of the European Communities.
Article 15
Advisory Committee procedure
1. The Commission shall be assisted by the committee set up by Article 9 (1) of Directive 90/387/EEC, hereinafter referred to as the 'ONP Committee`.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
Article 16
Regulatory Committee procedure
1. Notwithstanding the provisions of Article 15, the following procedure shall apply in respect of the matters covered by Article 19.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
4. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 17
Procedure for resolving disputes between organizations operating under authorizations provided by different Member States
1. Without prejudice to:
(a) any action that the Commission or any Member State may take pursuant to the Treaty;
(b) the rights of the party invoking the procedure in paragraphs 2 and 3, of the organizations concerned or of any other party under applicable national law;
the procedure set out in paragraphs 2 and 3 shall be available for the resolution of interconnection disputes between organizations operating under authorizations granted by different Member States, where such dispute does not fall within the responsibility of a single national regulatory authority exercising its power in accordance with Article 9.
2. Any party having a complaint against another organization over interconnection may refer the complaint to the national regulatory authority of the Member State that has granted the authorization of the organization against which the complaint is made. The national regulatory authority shall take steps to resolve the dispute in accordance with the procedures and timescale set out in Article 9 (5).
3. Where there are concurrent disputes between the same two organizations, the national regulatory authorities concerned shall, on request of either party in dispute, coordinate their efforts in order to bring about resolution of the disputes, in accordance with the principles set out in Article 9 (1), within 6 months of referral. The solutions shall represent a fair balance between the legitimate interests of both parties in dispute and be consistent with interconnection rules in the Member States concerned, in conformity with Community law.
Article 18
Notification
1. Member States shall ensure that national regulatory authorities have the necessary means for carrying out the tasks identified in this Directive, and shall notify to the Commission by 31 January 1997 the national regulatory authorities responsible for those tasks.
2. National regulatory authorities shall notify to the Commission by 31 January 1997, and immediately thereafter in the event of any change, the names of those organizations which:
- have universal service obligations for the provision of the public telecommunications networks and publicly available telecommunications services set out in Part 1 of Annex I and which are authorized to collect directly a contribution to the net cost of universal service under the procedure in Article 5 (2),
- are subject to the provisions of this Directive concerning organizations with significant market power,
- are covered by Annex II.
The Commission may request national regulatory authorities to provide their reasons for classifying an organization as having or not having significant market power.
3. The Commission shall publish the names referred to in paragraph 2 in the Official Journal of the European Communities.
Article 19
Technical adjustment
Modifications necessary to adapt Annexes IV, V and VII to the Directive to new technological developments or to changes in market and consumer demand shall be determined by the Commission in accordance with the procedure laid down in Article 16.
Article 20
Deferment
1. Deferment of the obligations under Articles 3 (1), 3 (2), 4 (1), 4 (2), 9 (1) and 9 (3) insofar as those obligations concern direct interconnection between the mobile networks of that Member State and the fixed or mobile networks of other Member States, and under Article 5, shall be granted to those Member States identified in the Council Resolutions of 22 July 1993 and 22 December 1994 which benefit from an additional transition period for the liberalization of telecommunications services for as long as and to the extent that they avail themselves of such transition periods. Member States shall inform the Commission of their intention to make use of them.
2. Deferment of the obligations under Article 12 (5) may be requested where the Member State concerned can prove that they would impose an excessive burden on certain organizations or classes of organization. The Member State shall inform the Commission of the reasons for requesting a deferment, the date by which the requirements can be met, and the measures envisaged in order to meet this deadline. The Commission shall consider the request taking into account the particular situation in that Member State and the need to ensure a coherent regulatory environment at a Community level, and shall inform the Member State whether it deems that the particular situation in that Member State justifies a deferment and, if so, until which date such deferment is justified.
Article 21
Interconnection with third country organizations
1. Member States may inform the Commission of any general difficulties encountered, de jure or de facto, by Community organizations in interconnecting with organizations in third countries, which have been brought to their attention.
2. Whenever the Commission is informed of the existence of such difficulties, the Commission may, if necessary, submit proposals to the Council for an appropriate mandate for negotiation of comparable rights for Community organizations in these third countries. The Council shall decide by qualified majority.
3. Measures taken pursuant to paragraph 2 shall be without prejudice to the Community's and Member States' obligations under relevant international agreements.
Article 22
Review
1. The Commission shall report to the European Parliament and to the Council by 31 December 1997, and periodically thereafter, on the availability of rights to interconnect in third countries for the benefit of Community organizations.
2. The Commission shall examine and report periodically to the European Parliament and to the Council on the functioning of this Directive, on the first occasion not later than 31 December 1999. For this purpose, the Commission may request information from the Member States.
The report shall examine what provisions of this Directive should be adapted in the light of the developments in the market, the evolution of technology and the changes in user demand, in particular:
(a) for the provisions under Article 5,
(b) to confirm the timetable laid down in Article 12 (5).
The Commission shall also investigate in the report the added value of the setting up of a European Regulatory Authority to carry out those tasks which would prove to be better undertaken at Community level.
Article 23
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1997. 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.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 24
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
Article 25
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 30 June 1997.
|
[
0,
0,
0,
0,
0,
0,
0,
1,
0,
0,
1
] |
COMMISSION REGULATION (EC) No 65/2000
of 12 January 2000
on the issuing of import licences for bananas under the tariff quotas and for traditional ACP bananas for the first quarter of 2000 (second period)
(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 1257/1999(2),
Having regard to Commission Regulation (EC) No 2362/98 of 28 October 1998 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community(3), as amended by Regulation (EC) No 756/1999(4), and in particular Article 18(2) thereof,
Whereas:
(1) Article 2 of, and the Annex to, Commission Regulation (EC) No 2697/1999(5) fix the quantities available for the first quarter of 2000 under the second period for the submission of applications provided for in Article 18 of Regulation (EC) No 2362/98;
(2) pursuant to Article 18(2) of Regulation (EC) No 2362/98, on the basis of applications submitted during the second period, the quantities for which licences may be issued for the origins concerned should be determined forthwith;
(3) this Regulation should apply immediately to permit licences to be issued as quickly as possible,
HAS ADOPTED THIS REGULATION:
Article 1
Import licences shall be issued under the arrangements for the importation of bananas, tariff quotas arrangements and arrangements for traditional ACP bananas for the first quarter of 2000 (second period) in respect of new applications as referred to in Article 18 of Regulation (EC) No 2362/98:
1. for the quantity indicated in the licence application multiplied, for the origin "Panama", by the reduction coefficient 0,3606;
2. for the quantity indicated in the licence application for an origin other than that mentioned in point 1.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 January 2000.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION DECISION of 30 November 1994 laying down special conditions for the import of frozen of processed bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey (Text with EEA relevance) (94/778/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), and in particular Article 11 thereof,
Whereas a group of Commission experts has conducted an inspection visit to Turkey to verify the conditions under which frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods are produced and placed on the market;
Whereas Turkish legislation makes the Ministry of Agriculture and Rural Affairs responsible for inspecting the health of bivalve molluscs, echinoderms, tunicates and marine gastropods and monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers the Ministry of Agriculture and Rural Affairs to authorize or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones;
Whereas the Ministry of Agriculture and Rural Affairs and its laboratories are capable of effectively verifying the application of the laws in force in Turkey;
Whereas the competent Turkish authorities have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvesting areas;
Whereas the procedure for obtaining a health certificate referred to in Article 11 (4) (a) of Directive 91/493/EEC must include the definition of a model certificate, the language(s) in which it must be drawn up, the qualifications of the signatory and the health mark to be affixed to packaging;
Whereas, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC (2), the Commission Decision 94/777/EC (3) has designated the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested, frozen or processed and exported to the Community;
Whereas, in accordance with Article 11 (4) (c) of Directive 91/493/EEC a list of the establishments from which the import of frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods is authorized should be established; whereas such establishments may appear on the list only if they are officially approved by the competent Turkish authorities; whereas it is the duty of the competent Turkish authorities to ensure that the provisions laid down to this end in Article 11 (4) (c) of Directive 91/493/EEC are complied with;
Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (4);
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 General Directorate of Protection and Control, of the Ministry of Agriculture and Rural Affairs shall be the competent authority in Turkey for verifying and certifying that frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/493/EEC.
Article 2
Frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey and intended for human consumption must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. they must originate in the authorized production areas listed in Annex B to Commission Decision 94/777/EC;
3. they must be prepared, frozen or processed, and packed by an approved establishment included in the list in Annex B hereto;
4. each package must bear an indelible health mark containing at least the following information:
- country of dispatch: Turkey,
- the species (common and scientific names),
- the identification of the establishment of origin by the approval number.
Article 3
1. Certificates as referred to in Article 2 (1) must be drawn up in at least one official language of the Member State in which the check is carried out.
2. Certificates must bear the name, capacity and signature of the veterinarian of the Ministry of Agriculture and Rural Affairs and its official seal, in a colour different from that of other endorsements.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 30 November 1994.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
DECISION OF THE EUROPEAN PARLIAMENT of 8 April 1992 granting discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1990 financial year (92/248/EEC)
THE EUROPEAN PARLIAMENT,
- having regard to the Treaty establishing the European Economic Community and in particular Article 206b thereof,
- having regard to the statement of accounts of the European Centre for Development of Vocational Training and the report of the Court of Auditors on this subject (C3-0108/92),
- having regard to the Council Decision of 16 March 1992 (C3-0110/92),
- having regard to the report of the Committee on Budgetary Control (A3-0118/92),
1. Notes the following figures for the accounts of the European Centre for Development of Vocational Training:
1990 Financial year Ecus
Revenue 8 621 280,29
1. Subsidy from the Commission 8 573 166,51
2. Bank Interest 43 505,30
4. Other 4 608,48
Expenditure
1. Final budget appropriations 8 988 000,00
2. Commitments 8 621 280,29
3. Unused appropriations 366 719,71
4. Payments 7 098 253,13
5. Carry-overs from 1989 1 171 376,03
6. Payments against appropriations carried over 1 010 335,71
7. Appropriations carried over and cancelled (5 6) 161 040,32
8. Carry-overs to 1991 1 523 027,16
9. Cancellations (1 4 8) 366 719,71
2. Welcomes the fact that the Centre has reorganized its administrative departments in such a way as to effect a clearer separation between duties involving management of appropriations and accounting duties;
3. Urges the Centre to pursue its efforts to reduce recourse to the imprest account procedure, notably by using modern telecommunication techniques and courrier services to speed up correspondence with the Commission's Financial Control services;
4. Calls upon the Centre to implement the recommendations of the Court of Auditors that it keep separate accounts for the imprest account and for established entitlements as soon as its new accounting software is in place;
5. Further calls upon the Centre henceforward to submit proposals to the Commission for any transfer of appropriations involving a fundamental change in destination, particularly those between administrative and operating expenditure;
6. Grants discharge to the Management Board of the European Centre for Development of Vocational Training, in respect of the implementation of its budget for the 1990 financial year, on the basis of the report of the Court of Auditors;
7. Instructs its President to forward this Decision to the Management Board of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Communities (L series). Done at Strasbourg, 8 April 1992.
|
[
0,
0,
1,
0,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 2537/95 of 30 October 1995 amending the Regulations that fixed, prior to 1 February 1995, certain prices and amounts in the market in wine, of which the value in ecus was adapted as a consequence of abolishing the corrective factor for agricultural conversion rates
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 (1), as last amended by Regulation (EC) No 150/95 (2), and in particular Article 13 (1) thereof,
Whereas the value in ecus of certain prices and amounts was modified, with effect from 1 February 1995, by virtue of Article 13 (2) of Regulation (EEC) No 3813/92, in order to cancel the effects of abolishing the correction factor of 1,207509, which applied until 31 January 1995 to conversion rates used in agriculture; whereas the new ecu values of the prices and amounts concerned were established from 1 February 1995 in accordance with the rules laid down in Article 13 (2) of Regulation (EEC) No 3813/92 and Article 18 (1) of Commission Regulation (EEC) No 1068/93 of 30 April 1993 on detailed rules for determining and applying the agricultural conversion rates (3), as last amended by Regulation (EC) No 1053/95 (4);
Whereas, in accordance with Article 18 (2) of Regulation (EEC) No 1068/93, in order to avoid confusion and facilitate the application of the common agricultural policy, it is necessary to replace the value in ecus of the prices and amounts concerned where they are not of periodic application, and where they are applicable at least from:
- 1 January 1996 in respect of the amounts not concerned by a marketing year,
- the beginning of the 1995/96 marketing year in the other cases;
which appear in Regulations that came into force before 1 February 1995; whereas the Regulations concerned should therefore be amended:
1. Commission Regulation (EEC) No 3388/81 (5), as last amended by Regulation (EC) No 1685/95 (6);
2. Commission Regulation (EEC) No 1059/83 (7), as last amended by Regulation (EEC) No 2192/93 (8);
3. Council Regulation (EEC) No 1442/88 (9), as last amended by Regulation (EC) No 1548/95 (10);
4. Council Regulation (EEC) No 1600/92 (11), as last amended by Commission Regulation (EC) No 2417/95 (12);
5. Council Regulation (EEC) No 1601/92 (13), as last amended by Regulation (EC) No 2417/95;
6. Commission Regulation (EEC) No 3233/92 (14), as last amended by Regulation (EEC) No 2192/93;
7. Commission Regulation (EC) No 3112/93 (15);
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
In consequence of the adjustment applied with effect from 1 February 1995, pursuant to Article 13 (2) of Regulation (EEC) No 3813/92 and to Article 18 (1) of Regulation (EEC) No 1068/93, to certain prices and amounts in ecus in the market in wine, the Regulations referred to in Articles 2 to 8 are hereby amended in accordance with the provisions set out therein.
Article 2
Article 4 of Regulation (EEC) No 3388/81 is replaced by the following:
'1. The amount of the security in respect of import licences shall, according to the products, be as set out in the tables below:
TABLE
2. The amount of the security in respect of export licences shall be 1,208 ECU/hl`.
Article 3
Regulation (EEC) No 1059/83 is amended as follows:
1. in Article 12 (a):
- 'ECU 0,0142` is replaced by 'ECU 0,01715`,
- 'ECU 0,0209` is replaced by 'ECU 0,02524`;
2. in Article 12 (c):
- 'ECU 0,0169` is replaced by 'ECU 0,02041`,
- 'ECU 0,0250` is replaced by 'ECU 0,03019`;
3. in Article 12 (d):
- 'ECU 0,0566` is replaced by 'ECU 0,06835`,
- 'ECU 0,0625` is replaced by 'ECU 0,07547`;
4. in Article 12 (e):
- 'ECU 0,0566` is replaced by 'ECU 0,06835`.
Article 4
Regulation (EEC) No 1442/88 is amended as follows:
1. in Article 2 (1):
- 'ECU 3 600` is replaced by 'ECU 4 347`,
- 'ECU 1 200` is replaced by 'ECU 1 449`,
- 'ECU 2 800` is replaced by 'ECU 3 381`,
- 'ECU 3 500` is replaced by 'ECU 4 226`,
- 'ECU 3 800` is replaced by 'ECU 4 589`,
- 'ECU 5 250` is replaced by 'ECU 6 339`,
- 'ECU 7 150` is replaced by 'ECU 8 634`,
- 'ECU 9 200` is replaced by 'ECU 11 109`,
- 'ECU 10 200` is replaced by 'ECU 12 317`,
- 'ECU 10 800` is replaced by 'ECU 13 041`,
- 'ECU 8 400` is replaced by 'ECU 10 143`,
- 'ECU 7 200` is replaced by 'ECU 8 694`,
- 'ECU 6 000` is replaced by 'ECU 7 245`.
2. in Article 2 (2):
- 'ECU 600` is replaced by 'ECU 724,5`;
3. in Article 2 (5):
- 'ECU 2 500` is replaced by 'ECU 3 019`,
- 'ECU 1 000` is replaced by 'ECU 1 208`,
- 'ECU 1 600` is replaced by 'ECU 1 932`,
- 'ECU 2 200` is replaced by 'ECU 2 657`,
- 'ECU 2 800` is replaced by 'ECU 3 381`,
- 'ECU 5 000` is replaced by 'ECU 6 038`,
- 'ECU 6 200` is replaced by 'ECU 7 487`,
- 'ECU 6 500` is replaced by 'ECU 7 849`,
- 'ECU 5 500` is replaced by 'ECU 6 641`,
- 'ECU 300` is replaced by 'ECU 362,3`,
- 'ECU 3 500` is replaced by 'ECU 4 226`.
Article 5
Regulation (EEC) No 1600/92 is amended as follows:
1. in Article 21, 'ECU 0,0197` is replaced by 'ECU 0,02379`,
2. in Article 22, 'ECU 394,83` is replaced by 'ECU 476,76`,
3. in Article 29, 'ECU 394,83` is replaced by 'ECU 476,76`.
Article 6
In Article 19 of Regulation (EEC) No 1601/92, 'ECU 394,83` is replaced by 'ECU 476,76`.
Article 7
In Article 1 of Regulation (EEC) No 3233/92, 'ECU 10` is replaced by 'ECU 12,08`.
Article 8
Regulation (EC) No 3112/93 is hereby amended as follows:
1. in Article 1, 'ECU 394,83` is replaced by 'ECU 476,76`;
2. in Article 5, 'ECU 0,0197` is replaced by 'ECU 0,02379`.
Article 9
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply, for each amount concerned, from the date of the first application of the agricultural conversion rate introduced on 1 February 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 1995.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
COUNCIL REGULATION (EEC) No 2229/91 of 17 June 1991 on the application of Decision No 1/91 of the EEC-Israel Cooperation Council amending, as a consequence of the introduction of the harmonized system, the Protocol concerning the definition of the concept of 'originating products' and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Cooperation Agreement between the European Economic Community and the State of Israel (1) was signed on 11 May 1975;
Whereas, by virtue of Article 25 of Protocol concerning the definition of the concept of 'originating products' and methods of administrative cooperation, which forms an integral part of the above Agreement, the EEC-Israel Cooperation Council has adopted Decision No 1/91 amending the said Protocol;
Whereas it is necessary to apply this Decision in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 1/91 of the EEC-Israel Cooperation Council 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.
It shall apply from 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 17 June 1991.
|
[
0,
0,
0,
1,
0,
1,
0,
0,
0,
0,
1
] |
Commission Regulation (EC) No 312/2001
of 15 February 2001
laying down detailed rules of application for the importation of olive oil originating in Tunisia and derogating from certain provisions of Regulations (EC) No 1476/95 and (EC) No 1291/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2000/822/EC of 22 December 2000 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Tunisia concerning reciprocal liberalisation measures and amendment of the Agricultural Protocols to the EC/Tunisia Association Agreement(1),
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(2), as last amended by Regulation (EC) No 2826/2000(3),
Whereas:
(1) Decision 2000/822/EC introduces a special scheme under Article 3 of Protocol 1 of the Agreement for the import into the Community, at a zero rate of duty, of a quota of olive oil falling within CN codes 1509 and 1510, wholly obtained in Tunisia and transported direct from there to the Community.
(2) The supply of olive oil to the Community market allows the proposed quantity to be disposed of in principle without disturbing the market, provided that the imports are not concentrated in a short period of the marketing year but are instead staggered between January and October. Provision should be made for import licences to be issued in the period in question according to a monthly schedule.
(3) For the sound management of the quantity in question, a mechanism must be created that encourages the operators to return immediately to the issuing agency licences that they will not use. It is also necessary to create a mechanism encouraging the operators to return the licences to the issuing agency after their date of expiry so that the unused quantities can be re-used.
(4) Oil imported from Tunisia under the special scheme may not exceed a given quantity. Therefore, the tolerance laid down in Article 8 of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(4) should not be applied.
(5) Special detailed rules relating to the imports should be laid down. It is necessary in particular to fix the term of validity of the licences and the amount of the applicable security, notwithstanding Article 3 of Commission Regulation (EC) No 1476/95(5).
(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oil and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January each year, the quota of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90 wholly obtained in Tunisia and transported direct from that country to the Community, which is provided for in Article 3 of Protocol 1 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, may be imported at a zero rate of duty. The import licences shall be issued up to the quota limit laid down for each year.
2. For each year and without prejudice to the limit laid down for the tariff quota bearing the serial No 09.4032, licences may be issued in accordance with the conditions laid down in the first paragraph, up to a limit of:
- 1000 tonnes for each month of January and February,
- 4000 tonnes for the month of March,
- 8000 tonnes for the month of April,
- 10000 tonnes for each month from May to October.
If one of the monthly quantities referred to in the preceding paragraph is not used entirely in the month in question, what remains of this quantity can be used the following month, once the quantity for that month has been exhausted, but may not be carried over thereafter.
3. For the purposes of calculating the quantity authorised each month, where a week begins in one month and finishes in the following month, it must be considered part of the month in which the Thursday falls.
Article 2
1. With a view to applying the exemption from customs duty referred to in Article 1, importers must submit an import licence application to the competent authorities of the Member States. Such applications must be accompanied by a copy of the purchase contract concluded with the Tunisian exporter.
2. Import licence applications must be submitted on Mondays and Tuesdays of each week and the Member States shall notify the Commission the following working day of the information contained therein.
3. The Commission shall draw up a weekly total of the quantities for which import licences have been submitted. Where there is a risk of the monthly quota being exhausted, the Commission shall limit the issue of licences in proportion to the quantity available and, if appropriate, shall inform the Member States that the maximum quantity laid down for the year has been reached.
4. The licences shall be issued on the third working day following that of the notification referred to in paragraph 2, provided that the Commission has not taken any measures within that period.
Article 3
1. Import licences as provided for in Article 1(1) shall be valid for 60 days from the date of issue within the meaning of Article 23(2) of Regulation (EC) No 1291/2000.
2. Section 20 of import licences as provided for in Article 1(2) shall bear one of the following entries:
"Derecho de aduana fijado por la Decisión 2000/822/CE del Consejo
Told fastsat ved Rådets afgørelse 2000/822/EF
Zoll gemäß Beschluss 2000/822/EG des Rates
Δασμός που καθορίστηκε από την απόφαση του Συμβουλίου 2000/822/ΕΚ
Customs duty fixed by Council Decision 2000/822/EC
Droit de douane fixé par la décision du Conseil 2000/822/CE
Dazio doganale fissato dalla decisione 2000/822/CE del Consiglio
Bij Besluit 2000/822/EG van de Raad vastgesteld douanerecht
Direito aduaneiro fixado pela Decisão 2000/822/CE do Conselho
Neuvoston päätöksessä 2000/822/EY vahvistettu tulli
Tull fastställd genom rådets beslut 2000/822/EG"
3. Notwithstanding Article 8(4) of Regulation (EC) No 1291/2000, the quantity released for free circulation may not exceed that indicated in sections 17 and 18 of the import licence. The figure "0" shall be entered in section 19 of the licence to that end.
Article 4
1. Notwithstanding Regulation (EC) No 1476/95, the security for import licences shall be EUR 15 per 100 kg net.
2. Notwithstanding Article 35(2) of Regulation (EC) No 1291/2000:
- if the licence is returned to the issuing agency within the period corresponding to the first two thirds of its validity, the security forfeit shall be reduced by 40 %,
- if the licence is returned to the issuing agency within the period corresponding to the last third of its validity, or within 15 days of its expiry, the security forfeit shall be reduced by 25 %.
3. Notwithstanding the restrictions on quantity in Article 1, the quantities on licences returned in accordance with paragraph 2 can be reallocated. When notifying the weekly quantities referred to in Article 2(2), the competent national authorities shall also notify the Commission of the quantities for which licences have been returned since the date of the previous notification to this effect.
Article 5
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 February 2001.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COUNCIL REGULATION (EC) No 1187/2008
of 27 November 2008
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of monosodium glutamate 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) (the basic Regulation), and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
1. PROCEDURE
1.1. Provisional measures
(1)
The Commission, by Regulation (EC) No 492/2008 (2) (the provisional Regulation) imposed a provisional anti-dumping duty on imports of monosodium glutamate (MSG) originating in the People’s Republic of China (PRC).
1.2. Subsequent procedure
(2)
Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures (provisional disclosure), several interested parties made written submissions making their views known on the provisional findings. The parties who so requested were granted an opportunity to be heard. The Commission continued to seek and verify all information it deemed necessary for its definitive findings.
(3)
The Commission continued its investigation with regard to Community interest aspects and carried out an analysis of information provided by some users and suppliers in the Community after the imposition of the provisional anti-dumping measures.
(4)
The oral and written comments submitted by the interested parties were considered and, where appropriate, the provisional findings were modified accordingly.
(5)
All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping measures on imports of MSG originating in the PRC and the definitive collection of the amounts secured by way of the provisional duty. They were also granted a period within which they could make representations subsequent to this disclosure.
(6)
It is recalled that the investigation of dumping and injury covered the period from 1 July 2006 to 30 June 2007 (‘investigation period’ or ‘IP’). With respect to the trends relevant for the injury assessment, the Commission analysed data covering the period from April 2004 to the end of the IP (‘period considered’).
2. PRODUCT CONCERNED AND LIKE PRODUCT
(7)
In the absence of any comments concerning the product concerned and the like product, recitals 12 to 14 of the provisional Regulation are hereby confirmed.
3. DUMPING
3.1. Application of Article 18 of the basic Regulation
(8)
In the absence of any comments concerning the application of Article 18 of the basic Regulation to one exporting producer in the PRC, recitals 15 to 18 of the provisional Regulation are hereby confirmed.
3.2. Market economy treatment (MET)
(9)
Following the provisional disclosure, the two Chinese exporting producers which were not granted MET contested the provisional findings.
(10)
In the case of the first company it was submitted that, in its opinion, International Accounting Standard (IAS) only required the preparation of consolidated accounts and did not require the consolidated accounts to be audited in line with IAS.
(11)
In this regard, it should be recalled that, despite several requests, this company did not provide the relevant consolidated financial statements, including the auditors’ report neither in its MET claim form nor during the on-spot visit in the PRC. The IAS state and explain internationally agreed accounting principles and provide guidance as to how they should be applied. Performing an audit of accounting records in line with IAS means that the audit ensures that the accounting records were prepared and presented in line with IAS and that they comply therewith. In case of a breach of such principles, the audit report should mention the impact of the non-compliance and the reasons why IAS principles were not applied. IAS 27, in particular, clearly states the conditions under which firms should prepare and present their consolidated accounts. The company does not contest that these conditions were applicable to it in the context of the MET investigation.
(12)
Article 2(7)(c) second indent of the basic Regulation clearly provides that firms applying for MET should have basic accounting records which are independently audited in line with IAS and applied for all purposes. It thus seems clear that accounts should not only be prepared but also audited in line with IAS. The absence of an audit in line with IAS does not allow the Commission to establish whether or not the accounts were prepared in line with IAS. On this basis alone it could not be concluded that criterion two was fulfilled.
(13)
The same exporting producer further claimed that in its view the offsetting of revenues and expenses was not of material nature and that the non-disclosure could not influence the economic decision of users taken on the basis of the financial statements. Therefore there was no violation of IAS.
(14)
This claim however seems to contradict the first one that accounts should be prepared but not audited in line with IAS. If this were the case, the firms themselves, and not competent and independent auditors as required in Article 2(7)(c), would assess whether or not offsetting might not be forbidden, if revenues and expenses were not of material nature, if such offsetting could not influence the economic decision of users and if such offsetting detracts from the ability of users to understand the transactions undertaken.
(15)
Moreover, while it has to be accepted that the notion ‘materiality’ leaves room for interpretation, paragraph 30 of IAS 1 provides that an item that is not sufficiently material to warrant separate presentation on the face of the financial statements may nevertheless be sufficient material that it should be presented separately in the notes. Therefore, in view of the fact that the offsetting was not mentioned in the audit report nor in the notes to the financial statements of the company it is confirmed that the accounts of the company were not audited in line with IAS.
(16)
In addition, the offsetting in question were those found by the Commission investigators. Only an in-depth audit would have revealed if there were no other cases where accounts were not prepared and audited in line with IAS. In the absence of such an audit, the Commission does not have the material time, nor is it the purpose of the on-spot visit, to audit the accounts and the presentation of the accounts of the companies. Therefore, findings of the Commission which point to the fact that firms, claiming MET, fail to meet the requirement of the basic Regulations to prepare accounting records and ensure that the accounts are prepared and audited in line with IAS leads to the conclusion that criterion two is not fulfilled.
(17)
Finally, the same company disagreed with the conclusion that a negative working capital together with interest-free borrowings has to be considered as a distortion carried over from the former non-market economy system but rather a sign of managerial efficiency.
(18)
It should firstly be noted that the findings relating to the negative working capital were subsidiary findings and were not the main ones leading to the conclusion that the applicant did not fulfil the MET criterion. Secondly, a negative working capital alone can be a sign of managerial efficiency but only in a business with low inventory and low accounts receivable, which basically can only be found in enterprises operating on an almost cash-only basis, such as department stores and supermarkets. The analysis of the situation of this Chinese exporting producer, however, was completely different. A negative working capital has to be considered rather as a sign that a company may be facing bankruptcy or serious financial trouble. Under such circumstances, being able to receive huge amounts of ‘trade credits’ without any financial cost would be highly unlikely in market economy conditions. Therefore, the significant interest-free borrowings of the company which represented a significant share of its total short term liabilities (the latter representing 80 % of total liabilities) and which resulted to a significant level of negative working capital has to be considered as not in line with market economy behaviour.
(19)
In the case of the second company, no new arguments were provided which alter the provisional findings on MET. In particular, it has been confirmed that the influence of the State-owned shareholder on the decision making process of the company was disproportionately high and that the State agreed to reduce the established value of the land use rights by 50 % without any compensation. It was also confirmed that the accounts of the company were not audited in line with IAS.
(20)
In the absence of any other comments concerning MET, recitals 19 to 26 of the provisional Regulation are hereby confirmed.
3.3. Individual treatment (IT)
(21)
One interested party claimed that anti-competitive practices and State interference would encourage circumvention of the measures and therefore none of the Chinese producers should be granted IT.
(22)
However, this interested party did not provide any evidence as to how such allegedly anti-competitive practices and alleged State interference would permit circumvention of measures. Moreover, the investigation revealed that any theoretical State interference would be only possible via the China Fermentation Industry Association of which both exporting producers are members. However, all decisions and recommendations taken by this Association were of a non-binding nature. Therefore, this claim had to be rejected.
(23)
In the absence of any other comments with regard to IT, recitals 27 to 29 of the provisional Regulation are hereby confirmed.
3.4. Normal value
3.4.1. Analogue country
(24)
One interested party contested the choice made by the Commission to use Thailand as analogue country and, in particular, the producer Ajinomoto Thailand, which is related to the Community producer. However, the arguments and remarks by this party were submitted after the specific time limit set for submitting comments (3), but more importantly they were provided without any substantiation. Therefore, these comments had to be disregarded.
(25)
In the absence of any other comments concerning the analogue country, recitals 30 to 34 of the provisional Regulation are hereby confirmed.
3.4.2. Methodology applied for the determination of normal value
(26)
One Chinese exporting producer claimed that an adjustment for the differences in the costs of raw material should be made. In particular this exporting producer alleged that MSG produced from molasses as it is the case in the analogue country was more costly than MSG produced from corn or rice starch.
(27)
However, it appeared that the Chinese exporting producer significantly overstated the ratio between the input of molasses and the output of MSG in comparison of what was found and verified at the cooperating producer in the analogue country. Accordingly, the claim that it was more costly to produce MSG in the analogue country had to be rejected.
(28)
In the absence of any other comments concerning the methodology applied for the determination of normal value, recital 35 of the provisional Regulation is hereby confirmed.
3.5. Export price
(29)
In the absence of any comments concerning the export price, which would alter the findings at the provisional stage, recitals 36 and 37 of the provisional Regulation are hereby confirmed.
3.6. Comparison
(30)
In the absence of any other comments concerning the comparison, recitals 38 and 39 of the provisional Regulation are hereby confirmed.
3.7. Dumping margins
(31)
For the companies granted IT, the weighted average normal value was compared with the weighted average export price of the corresponding type of the product concerned, as provided for in Articles 2(11) and (12) of the basic Regulation.
(32)
On this basis, the definitive dumping margins expressed as a percentage of the CIF Community frontier price, duty unpaid, are:
-
Fujian Province Jianyang Wuyi MSG Co. Ltd: 36,5 %,
-
Hebei Meihua MSG Group Co. Ltd
and Tongliao Meihua Bio-Tech Co. Ltd: 33,8 %
(33)
The basis for establishing the country-wide dumping margin was set out in recital 42 of the provisional Regulation, which, in the absence of any comments, is hereby confirmed. On this basis the country-wide level of dumping was established at 39,7 % of the CIF Community frontier price, duty unpaid.
4. INJURY
4.1. Definition of the Community industry
(34)
In the absence of any comments concerning the definition of the Community industry, recitals 44 to 46 of the provisional Regulation are hereby confirmed.
4.2. Community consumption
(35)
In the absence of any comments concerning the Community consumption, recital 47 of the provisional Regulation is hereby confirmed.
4.3. Imports into the Community from the PRC
(36)
Following the provisional disclosure, one of the Community importers claimed that the Commission findings with regard to the fluctuation of the Chinese export price in the period considered were distorted due to using financial years rather than calendar years. The period under consideration started on 1 April 2004 whereas the use of calendar years would have meant starting this period on 1 January 2004. According to the data presented by the company, this change in the starting point would show a 12 % increase in Chinese export prices between the calendar year 2004 and IP in contrast to the slight decrease reported in recital 50 of the provisional Regulation. However, it should be noted that data presented by the importer was based on its total purchasing prices which obviously covered only part of the Chinese exports to the Community. Having examined the data with regard to the average prices of all imports of MSG from the PRC, based on Eurostat, it was found that the relevant Chinese prices increased by only 0,5 % from January 2004 to the end of the IP and not by 12 % as claimed by the importer. The difference in price trends between that found for the period considered (a decrease of 2 %) and that found for the period from January 2004 to the end of the IP (an increase of 0,5 %) is not such as to alter the conclusions drawn in regard to the effect of these prices on the situation of the Community industry. Therefore this claim had to be rejected.
(37)
In the absence of any other comments with regard to imports into the Community from the PRC, recitals 48 to 52 of the provisional Regulation are hereby confirmed.
4.4. Economic situation of the Community industry
(38)
Certain interested parties questioned the analysis of the trends of the injury indicators. They claimed that the use of 12-month periods running in line with the complainant’s financial year rather than calendar years effectively shortened the period under consideration to three years as the financial year 2007 is, to a big extent, overlapping with the IP. These parties claimed that in order to make a proper appraisal of the trends of the injury indicators, the period considered should be prolonged to cover the full calendar year 2004. In this regard, it should be pointed out that the basic Regulation does not provide for a strict timeline regarding the definition of the period considered. Furthermore, the WTO Recommendation concerning the periods of data collection for anti-dumping investigations provides that ‘As a general rule, […] the period of data collection for injury investigations normally should be at least three years […]’ (4). Nevertheless, a comparative analysis of the basic injury indicators on a calendar year basis was made, i.e. assuming a period considered of 2004, 2005, 2006 and the IP, in order to verify if different conclusions would be drawn as regards injury. This analysis has shown that the trends of the main injury indicators do not change significantly.
Although certain trends such as the decreases in production and sales volumes would be less pronounced as compared to the conclusions in the provisional Regulation, other findings relating to the negative profitability of the Community industry, the huge increase of imports from the PRC and the severe price undercutting would remain unchanged. Furthermore, it should be noted that the period considered serves as an indicator of the evolution of the Community industry’s situation to determine whether it can be considered to be suffering material injury during the IP. In these circumstances, the argument of the parties is rejected on the ground that the injury picture would have continued to show material injury even if the period considered was extended by the first trimester of 2004.
(39)
Additionally, the complainant commented on the wording of recital 60 of the provisional Regulation. The complainant pointed out that the sentence ‘the acquisition of Orsan SA by Ajinomoto Foods Europe’ was not correct as Orsan SA was acquired by the Ajinomoto Group and subsequently renamed Ajinomoto Foods Europe.
(40)
Based on the above facts and considerations, the conclusion that the Community industry suffered material injury, as set out in recitals 70 to 72 of the provisional Regulation, is hereby confirmed.
5. CAUSATION
5.1. Effects of dumped imports
(41)
One interested party claimed that during the period considered there was no coincidence in time between the negative trend in profitability observed for the Community industry and the development in the import volumes from the PRC. Accordingly, it was claimed that imports from the PRC could not have caused injury to the Community industry. Although this matter was explained in detail in recitals 60 and 61 of the provisional Regulation, it is further noted that, in accordance with Article 3(6) of the basic Regulation, it is not just the volumes of dumped imports which may be a relevant factor in assessing whether dumped imports have been the cause of material injury to the Community industry, but also, in the alternative, the prices of these imports. In recital 76 of the provisional Regulation it was concluded that ‘[…] the low priced dumped imports from the PRC which significantly undercut the prices of the Community industry during the IP, and which also significantly increased in volume, have had a determining role in the injury suffered by the Community industry’. Given the development of volumes and prices of dumped imports during the period considered, it is considered that this claim should be rejected.
(42)
Another interested party claimed that the increase in imports of MSG from the PRC in the period considered did not affect the situation of the Community industry as these imports were mainly replacing imports from other sources.
(43)
In this respect it is recalled that, even though the Chinese imports of MSG did indeed replace imports from other countries to a certain extend, as explained in recital 57 of the provisional Regulation, low-priced dumped imports from the PRC consistently managed to gain market share also at the expenses of the Community industry even when Community consumption was decreasing. In addition, this claim is not supported by the findings of this investigation which showed that the surge of low-priced dumped imports from the PRC that significantly undercut the price of the Community industry led to a situation of material injury suffered by the Community industry during the period considered. On that basis, this claim should be rejected.
(44)
In the absence of any other comments in this regard, recitals 74 to 76 of the provisional Regulation are hereby confirmed.
5.2. Effects of other factors
(45)
Various interested parties reiterated the claims put forward before the imposition of the provisional measures that the material injury suffered by the Community industry was caused by factors other than the dumped imports. These claims, with regard specifically to the restructuring costs and increasing costs of raw materials which allegedly affected the Community industry, were already duly addressed in recitals 60 and 61 of the provisional Regulation.
(46)
One interested party reiterated claims made before the imposition of the provisional measures that any material injury suffered by the Community industry may also be caused by exports of MSG from the PRC made by companies related to the Community industry. Additionally, this party claimed that the complainant misled the Commission by not disclosing the existence of related companies in the PRC and by hiding the fact that these related companies in China exported MSG to the Community. On that basis, this party considered that Article 18 of the basic Regulation should be applied to the complainant. The same party further claimed a breach of its rights of defence because the versions of the complaint and the questionnaire reply of the complainant for inspection by interested parties (open version) did not disclose the fact that the complainant has related companies in the PRC that were involved in the MSG business.
(47)
As already explained in recital 94 of the provisional Regulation, the question of the exports of MSG to the Community by one producer in the PRC known to be related to the Community industry was not considered to be relevant due to their insignificant volume. It should be stressed also that the complainant did not provide misleading information to the Commission in regard to its related companies in the PRC. This information was reported in the confidential versions of the complaint and of the complainant’s questionnaire reply. It is a fact that this information was not originally included in the open version of the complaint or in the open version of the complainant’s questionnaire reply. However, the complainant provided open versions including information on its related companies in the PRC subsequently during the procedure. In these circumstances, it is considered that no breach of the right of defence of parties took place. Furthermore, no convincing evidence was presented which could support the claim that Ajinomoto Group was aware of the alleged indirect export activity of one of its related Chinese companies. Therefore, it is considered that the application of Article 18 of the basic Regulation is not warranted in this situation and the claim is rejected.
(48)
One of the interested parties reiterated the claims put forward before the imposition of the provisional measures as to the impact of the exchange rate of the US dollar against the Euro on the price undercutting calculations and export performance of the Community industry. However, no additional information or evidence was provided that would alter the conclusions reached in recitals 84 to 90 of the provisional Regulation which are hereby confirmed.
(49)
One interested party reiterated its claim made before the imposition of the provisional measures regarding the impact of the Ajinomoto Group’s global strategy, in particular exports to the EU market by Ajinomoto-owned producers of MSG in third countries, and the impact of these on the complainant’s profits and stock level. In recital 92 of the provisional Regulation it was stated that sales of MSG on the Community market originating from exporters related to the Community industry in countries outside the Community were constantly and significantly decreasing over the period considered. As a consequence, it was concluded in recital 95 of that regulation that the imports of the Community industry from related parties outside the Community have not contributed to the material injury found. This party has not provided any additional information or evidence that would alter this conclusion which is hereby confirmed.
5.3. Conclusion on causation
(50)
Given the above analysis which has properly distinguished and separated the effects of all other known factors on the situation of the Community industry from the injurious effects of the dumped imports, it is hereby confirmed that these other factors as such do not reverse the fact that the material injury found must be attributed to the dumped imports.
(51)
Given the above, it is concluded that the dumped imports of MSG originating in the PRC have caused material injury to the Community industry within the meaning of Article 3(6) of the basic Regulation.
(52)
In the absence of other comments in this respect, the conclusions in recitals 99 and 100 of the provisional Regulation are hereby confirmed.
6. COMMUNITY INTEREST
6.1. Interest of the Community industry
(53)
In the absence of any other comments in this particular regard, the findings set out in recitals 103 to 106 of the provisional Regulation are hereby confirmed.
6.2. Interest of the importers
(54)
One importer claimed that the negative impact of the anti-dumping measures may have on its economic situation was underestimated in recital 108 of the provisional Regulation. According to the company, given the low profitability of its MSG sales and the limited possibility of passing on the price increase to its clients, the imposition of anti-dumping measures would mean closure of its MSG business. It should be noted that the MSG business does not represent a major share of the activity of the said importer which is mainly sourcing its MSG from the PRC. The importer in question has the option to switch to other sources of supply which are not affected by the anti-dumping measures. However, as mentioned in recital 108 of the provisional Regulation, the expected effect of the imposition of the measures will be to restore effective trade conditions in the Community market, which in this case may lead to increased prices of MSG, in particular from the Community industry and from the PRC. Therefore, it is expected that all importers should be able to pass on at least some of their cost increase resulting from the imposition of anti-dumping measures. On that basis, the conclusion reached in recital 108 of the provisional Regulation is therefore confirmed.
6.3. Interest of users
(55)
Following the comments made by interested parties concerning the possible impact of the proposed measures on the users industry further analyses was carried out on the basis of information provided by the main users of MSG in the Community, namely Nestlé and Unilever. The investigation showed that MSG represents less than 3 % of the cost of production of all products containing MSG produced by both companies. Therefore, taking additionally into account the indications on the relatively high average profit rates which both companies had reached during the IP in particular on these products, it can be confirmed that the possible impact of the proposed measure on their activity would not be significant.
6.4. Interest of the suppliers of raw materials
(56)
Further to recital 115 of the provisional Regulation, the analysis with regard to the interests of the upstream supplier of the Community industry was extended to include the data provided by a second supplier. On the basis of the questionnaire replies provided by the two suppliers, it was found that the situation of the supplying companies had deteriorated significantly during the period considered in line with the deterioration of the situation of the Community industry. The total turnover of the investigated suppliers decreased in the range of 8 % to 13 % and their sales to the Community industry noted even twice as significant drop (in the range of 15 % to 25 %). Both companies experienced also a decrease in their profitability rates.
(57)
Taking into account the above findings, the content of recital 116 of the provisional Regulation is hereby confirmed.
6.5. Competition and trade distorting effects
(58)
Some of the interested parties reiterated their comments regarding the alleged dominant position of the Ajinomoto Group worldwide and its alleged monopolistic position in the Community. These issues were already addressed in recital 117 of the provisional Regulation. No new evidence concerning these claims was presented.
(59)
Several interested parties raised additional arguments in relation to post-IP developments on the MSG market. They claimed that import volumes decreased and prices rose after the IP, thus eliminating any potential injury to the Community industry. In this situation, these parties claimed that the imposition of anti-dumping duties would only harm importers and users in the Community. The parties raised also a point on alleged global shortages of MSG supplies as, according to their data, several important producers worldwide ceased to produce or decreased production capacity. However, Eurostat data and additional information obtained from the Community industry do not support the above claims. To the contrary, import prices remained stable in the post-IP period and in certain months even decreased, while import volumes both from the PRC and third countries increased. The latter development demonstrates that some non-Chinese competitors have the capacity to develop their exports to the Community.
6.6. Conclusion on Community interest
(60)
Given the results of the further investigation of the Community interest aspects of the case described above, the findings and conclusions contained in recital 119 of the provisional Regulation are hereby confirmed.
7. DEFINITIVE ANTI-DUMPING MEASURES
7.1. Injury elimination level
(61)
In the absence of any substantiated comments that would alter the conclusion regarding the injury elimination level, recitals 120 to 122 of the provisional Regulation are hereby confirmed.
7.2. Form and level of the duties
(62)
In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at a level sufficient to eliminate the injury caused by the dumped imports without exceeding the dumping margin found.
(63)
The rates of the definitive duties are definitively set as follows:
Company
Injury elimination margin
Dumping margin
Anti-dumping duty rate
Hebei Meihua MSG Group Co. Ltd, and
Tongliao Meihua Bio-Tech Co. Ltd
54,8 %
33,8 %
33,8 %
Fujian Province Jianyang Wuyi MSG Co. Ltd
60,4 %
36,5 %
36,5 %
All other companies
63,7 %
39,7 %
39,7 %
(64)
The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the country-wide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.
(65)
Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (5) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates.
7.3. Undertakings
(66)
One cooperating Chinese exporting producer offered a price undertaking.
(67)
In this respect it is noted that MSG prices are negotiated globally with large international firms with production facilities inside and outside the Community. It is also noted that the majority of sales of this exporting producer are mainly made to such international firms. In view of the above, it was considered that the risk of cross-compensation of prices between sales agreements made with international firms for their production facilities in the Community and for their facilities located in other countries outside the Community as very high. It was also considered that such cross-compensation would be extremely difficult to be detected in the framework of the monitoring of the undertaking. Therefore, the undertaking offer of this exporting producer, in its current form, had to be rejected as its acceptance was considered impractical in view of the fact that it could not be appropriately monitored by the Commission.
7.4. Definitive collection of provisional duties and special monitoring
(68)
In view of the magnitude of the dumping margins found and in the light of the level of the injury caused to the Community industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by the provisional Regulation, i.e. Commission Regulation (EC) No 492/2008, should be definitively collected to the extent of the amount of the definitive duties imposed.
(69)
It is recalled that should the exports by the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the anti-dumping measures, such increase could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances, and provided the conditions are met, an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rates and the consequent imposition of a country-wide duty,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of monosodium glutamate falling within CN code ex 2922 42 00 (TARIC 2922420010) and originating in the People’s Republic of China.
2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products manufactured by the companies listed below shall be as follows:
Company
AD duty rate (%)
TARIC additional code
Hebei Meihua MSG Group Co. Ltd, and
Tongliao Meihua Bio-Tech Co. Ltd
33,8
A883
Fujian Province Jianyang Wuyi MSG Co. Ltd
36,5
A884
All other companies
39,7
A999
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Amounts secured by way of provisional anti-dumping duties pursuant to Commission Regulation (EC) No 492/2008 on imports of monosodium glutamate falling within CN code ex 2922 42 00 (TARIC 2922420010) and originating in the People’s Republic of China shall be definitely collected.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 November 2008.
|
[
0,
0,
0,
1,
1,
0,
0,
0,
0,
0,
0
] |
*****
COUNCIL REGULATION (EEC) No 3220/84
of 13 November 1984
determining the Community scale for grading pig carcases
THE COUNCIL 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 Articles 2 and 4 (5) thereof,
Having regard to the proposal from the Commission,
Whereas, before 1 August of each year, a basic price must be fixed for slaughtered pigs of a standard quality defined by reference to a Community scale for grading pig carcases;
Whereas it is therefore necessary to lay down general rules ensuring uniform grading of pig carcases, particularly in order to guarantee producers fair payment based on the weight and composition of the pigs they have delivered to slaughterhouses; whereas this grading is also intended to make the market more transparent as regards trade in pig carcases;
Whereas the value of a pig carcase is determined in particular by its lean-meat content in relation to its weight; whereas assessment of the lean-meat content on the basis of an objective consideration of the weight of the carcase and the thickness of the backfat together with a subjective assessment of muscle development in the principal parts of the carcase can provide a correct assessment of this value; whereas, however, the subjective element represented by the assessment of muscle development can also lead to wide variations in assessments; whereas, therefore, it is necessary to introduce throughout the Community the principle of direct establishment of the lean-meat percentage, on the basis of objective measurement of one or more anatomical parts of the pig carcase, without however ruling out possible use of further criteria for the determination of its commercial value;
Whereas the presentation, weight and lean-meat content of the carcase need to be accurately defined to ensure that the assessment results are comparable;
Whereas, given the differences in pig production in the Community, pig carcases should be divided according to their lean-meat content into five commercial grades, each covering a range of 5 % of lean meat; whereas Member States should nonetheless be given the option of adding an additional grade for carcases with a high percentage of lean meat;
Whereas a monitoring system should be established to ensure that the methods for assessing the percentage of lean meat are correctly applied; whereas, in addition, market transparency should be improved by requiring carcases to be marked according to their lean-meat content;
Whereas, in order to establish quotations for pig carcases on a common basis and to make them comparable to the basic price valid for the standard quality, the Community scale should be used in particular for determining the average price for pig carcases referred to in Article 4 of Regulation (EEC) No 2759/75;
Whereas, in view of the amendments referred to above, all the rules which apply should be consolidated and Council Regulation (EEC) No 2760/75 of 29 October 1975 determining the Community scale for grading pig carcases (3) should accordingly be repealed;
Whereas, however, in view of the variety of slaughterhouse structures and practices, it is not possible to provide for simultaneous implementation throughout
the Community of the new scale for grading pig carcases; whereas it is therefore necessary to allow some Member States to continue, during a transitional period, to apply the method of grading pig carcases laid down in Regulation (EEC) No 2760/75,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down the Community scale for grading carcases of pigs other than those which have been used for breeding.
2. The scale referred to in paragraph 1 above shall be used by all slaughterhouses for grading all carcases in order to enable producers to receive fair payment based on the weight and composition of the pigs they have delivered to the slaughterhouse.
However, Member States may decide not to make application of this scale obligatory:
- in slaughtering establishments for which they set a maximum number of slaughters; this number may not exceed 200 pigs per week on a yearly average basis,
- in slaughtering establishments which slaughter only pigs born and fattened in their own breeding establishments and which cut up all the carcases obtained.
In that event, the Member States shall notify the Commission of their decision, specifying the maximum permitted number of slaughters in each of the slaughtering establishments which are exempt from application of the Community scale.
Article 2
1. For the purposes of this Regulation, 'pig carcase' shall mean the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line, without tongue, bristles, hooves and genital organs, but with flare fat, kidneys and diaphragm.
With regard to pigs slaughtered in their territory, the Member States may be authorized to provide for a different presentation of pig carcases:
- if normal commercial practice in their territory differs from the standard presentation defined in the first subparagraph, or
- if technical requirements warrant it.
2. For the purposes of this Regulation, the weight shall apply to the cold carcase presented as described in the first subparagraph of paragraph 1.
The carcase shall be weighed as soon as possible after slaughter and not more than 45 minutes after the pig has been stuck. The weight of the cold carcase shall be calculated by applying a conversion coefficient to the result obtained.
If, in a given slaughterhouse, the 45-minute period cannot generally be observed, the conversion coefficient referred to in the second subparagraph shall be adjusted accordingly.
3. For the purposes of this Regulation, the lean-meat content of a pig carcase shall be the relationship between:
- the total weight of the red striated muscles obtained by total dissection of the carcase, provided that they are separable by knife, and
- the weight of the carcase.
The lean-meat content shall be assessed by means of authorized grading methods. Only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase may be authorized. Authorization of grading methods shall be subject to compliance with a maximum tolerance for statistical error in assessment.
Article 3
1. Pig carcases shall be graded at the time of weighing according to their estimated lean-meat content.
The commercial value of the carcases shall not, however, be determined solely by their estimated lean-meat content.
2. The following grading scale shall apply:
1.2 // // // Lean meat as percentage of carcase weight // Grade // // // 55 or more // E // 50 or more but less than 55 // U // 45 or more but less than 50 // R // 40 or more but less than 45 // O // less than 40 // P // //
3. Having regard to the characteristics of their pigmeat production, Member States may introduce, for pigs slaughtered in their territory, a separate grade of 60 % or more of lean meat designated by the letter S. Where Member States avail themselves of this option, they shall notify the Commission thereof.
4. The provisions of this Article do not exclude, as regards pigs slaughtered in the territory of a Member State, the use of assessment criteria in addition to weight and estimated lean-meat content. Article 4
1. Immediately after grading, pig carcases shall be marked in accordance with the grade designation provided for in Article 3 or in accordance with their estimated lean-meat content, provided that the latter marking enables the carcases to be assigned to the grades provided for in Article 3.
Without prejudice to the first subpararaph, particulars of carcase weight or any other particulars considered appropriate may be marked on the carcase.
2. By way of derogation from paragraph 1, Member States may lay down that pig carcases shall not be marked if an official record is drawn up comprising for each carcase at least:
- identification,
- warm weight;
- estimated lean-meat content.
This record must be kept for four weeks and, on the day when it is drawn up, be certified as a true original certificate by a person entrusted with this verification task.
However, in order to be marketed uncut in another Member State, carcases shall be marked in accordance with the appropriate grade designation, as provided for in Article 3, or in accordance with the percentage expressing their lean-meat content.
3. Without prejudice to the second subparagraph of Article 2 (1) no fat, muscle or other tissue may be removed from the carcase before weighing, grading and marking.
Article 5
1. Detailed rules for the application of this Regulation, in particular those relating to Article 2, and concerning:
- the conversion of different presentations into the standard carcase presentation,
- the conversion of warm-carcase weight into cold-carcase weight, and
- the conditions for authorizing grading methods
shall be adopted in accordance with the procedure laid down in Article 24 of Regulation (EEC) No 2759/75.
2. The authorizations referred to in the second subparagraph of Article 2 (1) and the second subpararaph of Article 2 (3) shall be granted in accordance with the procedure laid down in Article 24 of Regulation (EEC) No 2759/75.
Article 6
Regulation (EEC) No 2760/75 is hereby repealed.
However, until 31 December 1988, Member States may continue to apply the scale for grading pig carcases laid down in the Regulation referred to in the first paragraph instead of the scale determined in this Regulation.
Article 7
This Regulation shall enter into force on 1 January 1985.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 November 1984.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 1029/2009
of 29 October 2009
entering a name in the register of protected designations of origin and protected geographical indications (Grelos de Galicia (PGI))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1)
Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Grelos de Galicia’ was published in the Official Journal of the European Union (2).
(2)
As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 October 2009.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EEC) No 2320/91 of 31 July 1991 laying down the detailed rules for the second free supply of bone-in beef to the Soviet Union as provided for in Council Regulation (EEC) No 598/91 on urgent action for the supply of agricultural and medical products intended for the people of the Soviet Union and amending Regulation (EEC) No 569/88
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 598/91 of 5 March 1991 on urgent action for the supply of agricultural and medical products intended for the people of the Soviet Union (1), and in particular Article 5 (2) thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rate to be applied for the purposes of the common agricultural policy (2), as last amended by Regulation (EEC) No 2205/90 (3), and in particular Article 2 (4) thereof,
Whereas Regulation (EEC) No 598/91 provides for an emergency measure for the free supply of agricultural products to the Soviet Union; whereas the delivery costs of these goods are to be paid by the European Community; whereas, with a view to implementing that emergency measure, detailed rules of application should be laid down for the beef sector;
Whereas a first free supply of 5 000 tonnes of bone-in beef was already provided for in Commission Regulation (EEC) No 1513/91 (4);
Whereas in view of the size and location of the Community intervention stocks of beef it is appropriate to release a second batch of a total of 3 000 tonnes of forequarters and hindquarters stored in Germany for the purpose of the emergency measure referred to above;
Whereas, in order to ensure that the meat reaches its destination at the lowest possible cost, an invitation to tender should be opened; whereas, in the light of the urgency of the operation, it should be provided that the meat is delivered in the Soviet Union before 20 September 1991;
Whereas appropriate arrangements governing the lodging of securities and contracts should ensure the proper execution of the delivery operation;
Whereas products held by intervention agencies and intended for export are subject to the provisions of Commission Regulation (EEC) No 569/88 (5), as last amended by Regulation (EEC) No 2212/91 (6); whereas the Annex to the said Regulation setting out the entries to be made should be expanded; whereas, furthermore, proof that the beef concerned has been taken over by the Soviet Government shall be provided by way of a special certificate;
Whereas the conversion rate to be used for the delivery costs referred to in Article 2 (2) (e) as well as for the securities referred to in Article 2 (2) (c) and in Article 4 (2) must be determined; whereas, with a view to an approach which is more balanced and more in line with the economic facts determining such costs, the exchange rates published in the Annex to Commission Regulation (EEC) No 2024/91 (7) of 11 July 1991 fixing the representative market rates to be applied for certain amounts in the context of the common agricultural policy and, in particular, for the calculation of the monetary compensatory amounts should be applied;
Whereas, according to the non-commercial character of this delivery operation no export refund and no monetary compensatory amounts should be paid on the exported meat;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee foreseen in Article 5 (2) of Regulation (EEC) No 598/91,
HAS ADOPTED THIS REGULATION:
Article 1
1. An invitation to tender is opened for fixing the delivery costs of 1 500 tonnes of forequarters and 1 500 tonnes of hindquarters taken over before 1 May 1991 by the French intervention agency and held in the cold stores mentioned in Annex I.
2. The meat shall be delivered to the cold stores mentioned in Annex II in accordance with Regulations (EEC) No 598/91, (EEC) No 569/88 and the provisions of this Regulation.
Article 2
1. Tenders shall arrive in writing at the French intervention agency, the address of which is given in Annex III, before 12 noon on 8 August 1991. Tenders submitted on or before that date shall be considered as having been submitted simultaneously.
2. In order to be deemed valid for consideration the tender must:
(a) specify the name and address of the tenderer;
(b) relate to the total quantity referred to in Article 1 (1);
(c) be supported by a security of ECU 100 per tonne in favour of the intervention agency;
(d) be accompanied by a written commitment from the tenderer to deliver before 20 September 1991 to the Soviet cold store referred to in the Annex II all the meat in the same state as taken over from the intervention cold store;
(e) specify the amount in ecus required for delivering the meat from loading bay of the Community stores to the Soviet cold store concerned, delivered at the unloading bay of that cold store. Except in cases of force majeure the successful tenderer shall bear all risk related to the transport and delivery of the meat, in particular in respect of loss and deterioration of the products.
The amount in ecus referred to in subparagraph (e) shall include any veterinary charges directly related to the destocking operations as well as the handling costs for loading the transport means concerned.
3. By way of derogation from Article 2 of Regulation (EEC) No 1676/85 the ecu amounts referred to in paragraph 2 as well as in Article 4 (2) shall be converted into national currencies by applying the conversion rates published in the Annex to Regulation (EEC) No 2024/91.
Article 3
1. The French intervention agency shall forward to the Commission by telex, not later than 24 hours after the expiry of the deadline fixed for the submission of tenders, all the tenders which meet the requirements laid down in Article 2.
2. On the basis of the tenders forwarded, the Commission may decide
- to make no award, or
- to fix a maximum amount for the delivery costs.
3. Where a maximum amount is fixed for delivery costs, only the tender specifying the lowest amount under Article 2 (2) (e) shall be accepted. Where several tenders specify the same lowest amount, lots shall be drawn in order to determine the tender to be accepted.
4. As soon as possible after the adoption of the Decision, pursuant to paragraphs 2 and 3, the intervention agency shall inform all tenderers by written telecommunication of the outcome of their participation in the tendering procedure and shall notify the successful tenderer of the award to him of the contract to deliver the meat.
Article 4
1. The security specified in Article 2 (2) (c) shall be released forthwith, if the tender is not accepted. The primary requirements within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85 (8) shall be:
(a) a requirement not to withdraw the tender;
(b) lodging of the delivery security referred to in paragraph 2 for the quantity provided in Article 1 (1) of this Regulation by the stipulated time limit;
(c) taking over before 30 August 1991 of the quantity for which the security under (b) has been lodged.
2. Before the meat is taken over the successful tenderer shall lodge with the French intervention agency and in respect of each quantity which he takes over, a security of an amount equal to ECU 3 000 per tonne.
The primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 shall be the delivery of all the meat as specified in paragraphs 4 and 5.
3. The successful tenderer shall take delivery of the goods in accordance with intervention agency rules for release from storage.
4. The security specified in paragraph 2 shall be released and the amount specified in Article 2 (2) (e) shall be paid to the successful tenderer on presentation of proof that all the meat referred to in Article 1 (1) has been delivered according to this Regulation at the Soviet cold store mentioned in Annex II, before 20 September 1991 in the same state as taken over from the intervention cold store.
5. The transport document together with the taking over certificate given in Annex IV duly filled in, stamped and signed by a person representing 'central Commission' (9), shall constitute the proof referred to in paragraph 4. The proof must be presented to the French intervention agency not later than 1 October 1991.
Article 5
The removal order referred to in Article 3 of Regulation (EEC) No 569/88 and the export declaration shall bear the following additional words:
'Emergency action for the Soviet Union. Products on which no refunds or monetary compensatory amounts shall be paid (Regulation (EEC) No 2320/91)'.
Article 6
In part I of the Annex to Regulation (EEC) No 569/88 'Products to be exported in the same state as that in which they were removed from intervention stock', the following item and footnote are added:
'97. Commission Regulation (EEC) No 2320/91 of 31 July 1991 laying down certain detailed rules for the second supply of beef to the Soviet Union as provided in Council Regulation (EEC) No 598/91 (97).
(97) OJ No L 213, 1. 8. 1991, p. 53.'
Article 7
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, 31 July 1991.
|
[
0,
0,
0,
1,
0,
1,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 923/97 of 23 May 1997 amending for the third time Regulation (EC) No 414/97 adopting exceptional support measures for the market in pigmeat in Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat (1), as last amended by Regulation (EC) No 3290/94 (2), and in particular Article 20 thereof,
Whereas, because of the outbreak of classical swine fever in certain production regions in Germany, exceptional support measures for the pigmeat market in that Member State were adopted by Commission Regulation (EC) No 414/97 (3), as last amended by Regulation (EC) No 770/97 (4);
Whereas the aid granted on delivery of piglets should be adjusted to the current situation on the market taking account of the increase in market prices in Germany from 6 May 1997 onwards;
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
In Article 4 (4) of Regulation (EC) No 414/97, the amounts 'ECU 62` and 'ECU 53` are replaced by 'ECU 74` and 'ECU 63`.
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 6 May 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 May 1997.
|
[
0,
0,
0,
0,
0,
1,
1,
0,
0,
0,
0
] |
Commission Regulation (EC) No 1267/2002
of 11 July 2002
on the issue of system B export licences in the fruit and vegetables sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), as last amended by Regulation (EC) No 1176/2002(2), and in particular Article 6(6) thereof,
Whereas:
(1) Commission Regulation (EC) No 1110/2002(3) fixes the indicative quantities for system B export licences other than those sought in the context of food aid.
(2) In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for oranges will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector.
(3) To avoid this situation, applications for system B licences for oranges exported after 11 July 2002 should be rejected until the end of the current export period,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for system B export licences for oranges submitted pursuant to Article 1 of Regulation (EC) No 1110/2002, export declarations for which are accepted after 11 July 2002 and before 17 September 2002, are hereby rejected.
Article 2
This Regulation shall enter into force on 12 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 July 2002.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 744/2004
of 21 April 2004
fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and amending Regulation (EC) No 1484/95
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat(3), as last amended by Regulation (EC) No 806/2003, and in particular Article 5(4) thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin(4), as last amended by Commission Regulation (EC) No 2916/95(5), and in particular Article 3(4) thereof,
Whereas:
(1) Commission Regulation (EC) No 1484/95(6) fixes detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.
(2) It results from regular monitoring of the information providing the basis for the verification of the import prices in the poultrymeat and egg sectors and for egg albumin that the representative prices for imports of certain products should be amended taking into account variations of prices according to origin. Therefore, representative prices should be published.
(3) It is necessary to apply this amendment as soon as possible, given the situation on the market.
(4) 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
Annex I to Regulation (EC) No 1484/95 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 22 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 April 2004.
|
[
0,
0,
1,
0,
0,
0,
0,
0,
0,
0,
0
] |
*****
COMMISSION DECISION
of 21 December 1984
on veterinary measures relating to certain meat establishments in Belgium and in the Netherlands
(85/98/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (1), as last amended by Directive 83/90/EEC (2), and in particular Article 8 thereof,
Whereas import checks carried out by the Italian authorities revealed that meat from four meat establishments, in Belgium (No 642 and No 943) and in the Netherlands (No 88 and its annexes 88-1 and 88-2 and No 98) was contaminated; whereas there was reason to suspect, in conformity with the first indent of Article 8 (3) of Directive 64/433/EEC, that the provisions governing the approval were not observed in these establishments;
Whereas the Italian authorities had transmitted their findings to the Belgian and Netherlands authorities; whereas the Commission was asked to arrange for an expert opinion in accordance with the fourth indent of Article 8 (3) of Directive 64/433/EEC;
Whereas the Belgian authorities informed the Commission of the withdrawal of approval from establishment No 943;
Whereas, following their inspection, the experts designated by the Commission were of the opinion that some improvements were necessary in the three other establishments visited in order to make these establishments conform to the Community standards laid down in Directive 64/433/EEC; whereas the Belgian and Netherlands authorities gave an assurance that measures were taken to effect these improvements;
Whereas, in the light of the conclusions of the experts, there is no reason to believe that the requirements to which approval of establishments is subject are not being met or, therefore, to authorize Member States to refuse the admission into their territory of fresh meat from the three establishments concerned;
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 conditions for authorizing the suspension of the introduction into the territory of the other Member States of fresh meat from establishment No 642 (cutting plant) in Belgium and No 88 (slaughterhouse), 88-1 and 88-2 (cutting plants) and No 98 (cutting plant) in the Netherlands, are not fulfilled.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 21 December 1984.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COUNCIL DECISION of 30 June 1980 on the conclusion of the Agreement between the European Economic Community and Sweden in respect of certain horticultural products negotiated under Article XXVIII of GATT (80/721/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the recommendation from the Commission,
Whereas Sweden, pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT), has announced its intention of unbinding tariff concessions on certain horticultural products of which the European Economic Community is the principal supplier;
Whereas the Commission has initiated negotiations with Sweden under Article XXVIII of GATT, and has reached a satisfactory agreement with Sweden,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Economic Community and Sweden in respect of certain horticultural products negotiated under Article XXVIII of GATT is hereby approved on behalf of the Community.
The text of the Agreement is annexed to this Decision.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.
Done at Luxembourg, 30 June 1980.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COUNCIL REGULATION (EEC) No 4247/88 of 21 December 1988 opening and providing for the administration of a Community tariff quota for boysenberries, preserved by freezing, not containing added sugar, intended for any form of processing except for the manufacture of jam entirely from boysenberries (1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas the Community currently depends on imports from third countries for its supplies of boysenberries; whereas it is in the Community's interest to suspend partially the customs duty on the products in question within the limits of a Community tariff quota of an appropriate volume; whereas, in order not to harm the prospects for increasing fruit production within the Community, while at the same time making adequate supplies available to user industries, the tariff quota should be limited to 1 500 tonnes and opened for the period 1 January to 31 December 1989 at a duty of 15 %;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all imports of the products in question into all Member States until the quota is exhausted; whereas, however, the quota should not in this case be allocated among the Member States, without prejudice to the drawing against the quota volume of such quantities as they may need, under the conditions and according to the procedure laid down in Article 2 (1); whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quota is used and inform the Member States accordingly;
Whereas if, during the quota period, the tariff quota is almost totally used up, it is indispensable that Member States return to this quota the entirety of the drawings made which have not been used, in order to avoid one part of the Community tariff quota remaining unused in one Member State when it could be used in others;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota share levied by that economic union may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1 1. From 1 January to 31 December 1989 the customs duty applicable to imports of the following product shall be suspended at the level indicated and within the limits of a Community tariff quota as shown below:
Order No CN code Description Volume of quota (tonnes) Rate of duty (%) 09.2729 ex 0811 90 90 Boysenberries, preserved by freezing, not containing added sugar, intended for any form of processing except for the manufacture of jam entirely from boysenberries 1 500 15 2. Within the limits of this tariff quota the Kingdom of Spain and the Portuguese Republic shall apply duties calculated in accordance with the relevant provision of the Act of Accession.
3. Checks that the products are used for the prescribed specific purpose shall be carried out in accordance with the relevant Community provisions.
Article 2 1. If an importer gives notification of imminent imports of the product in question into a Member State and applies to take advantage of the quota, the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the extent that the available balance of the quota so permits.
2. Without prejudice to Article 3, shares drawn pursuant to paragraph 1 shall be valid until the end of the quota period.
Article 3 1. Once at least 80 % of the tariff quota as defined in Article 1 (1) has been used up, the Commission shall notify the Member States thereof.
2. It shall also notify Member States in this case of the date from which drawings on the tariff quota must be made according to the following provisions;
If an importer presents in a Member State a declaration of entry into free circulation including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall draw from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs.
The requests for drawing, with the indication of the date of acceptance of the said declarations, must be communicated to the Commission without delay.
The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits.
If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota.
If the quantities requested are greater than the available balance of the quota, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission in accordance with the same procedures.
3. Within a time limit laid down by the Commission starting from the date referred do in the first subparagraph of paragraph 2, Member States shall be required to return to the tariff quota all the quantities which have not been used on that date, within the meaning of Article 4 (3) and (4).
Article 4 1. Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 2 (1) enable imports to be charged without interruption against their accumulated shares of the Community quota.
2. Each Member State shall ensure that importers of the product concerned have free access to the quota for such time as the residual balance of the quota volume so permits.
3. Member States shall charge imports of the product concerned against their drawings as and when the goods are entered with the customs authorities for free circulation.
4. The extent to which the quota has been used up shall be determined on the basis of the imports charged in accordance with paragraph 3.
Article 5 At the request of the Commission, Member States shall inform it of imports of the product concerned actually charged against the quota.
Article 6 Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 7 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, 21 December 1988.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 2034/2003
of 19 November 2003
initiating a "new exporter" review of Council Regulation (EC) No 2605/2000 imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating, inter alia, in Taiwan, repealing the duty with regard to imports from one exporter in this country and making these 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(1) of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the basic Regulation), and in particular Article 11(4),
After consulting the Advisory Committee,
Whereas:
A. REQUEST FOR A REVIEW
(1) The Commission has received an application for a "new exporter" review pursuant to Article 11(4) of the basic Regulation. The application was lodged by Charder Electronic Co., Ltd. (the applicant), an exporting producer in Taiwan (the country concerned).
B. PRODUCT
(2) The product under review is electronic weighing scales having a maximum weighing capacity not exceeding 30 kg, for use in the retail trade which incorporate a digital display of the weight, unit price and price to be paid (whether or not including a means of printing this data) originating in Taiwan (the product concerned), normally declared within CN code ex 8423 81 50 (TARIC code 8423 81 50 10 ). This CN code is given only for information.
C. EXISTING MEASURES
(3) The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 2605/2000(2) under which imports into the Community of the product concerned originating in Taiwan, and produced by the applicant, are subject to definitive anti-dumping duties of 13,4 % with the exception of several companies expressly mentioned which are subject to individual duty rates.
D. GROUNDS FOR THE REVIEW
(4) The applicant alleges that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 September 1998 to 31 August 1999 (the original investigation period), and that it is not related to any of the exporting producers of the product concerned which are subject to the abovementioned anti-dumping measures.
(5) The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period.
E. PROCEDURE
(6) Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. No comments have been received.
(7) Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a "new exporter" review, pursuant to Article 11(4) of the basic Regulation, with a view to determine the applicant's individual margin of dumping and, should dumping be found, the level of the duty to which its imports of the product concerned into the Community should be subject.
(a) Questionnaires
(8) In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant.
(b) Collection of information and holding of hearings
(9) All interested parties are hereby invited to make their views known in writing and to provide supporting evidence.
(10) Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.
F. REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS
(11) Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duties in force should be repealed with regard to imports of the product concerned which are produced by the applicant. At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a determination of dumping in respect of the applicant, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant's possible future liabilities cannot be estimated at this stage of the proceeding.
G. TIME LIMITS
(12) 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 the replies to the questionnaire mentioned in recital 8 of this Regulation or any other information to be taken into account during the investigation,
- interested parties may make a written request to be heard by the Commission.
H. NON-COOPERATION
(13) In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
(14) 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, the result may be less favourable to the party than if it had cooperated,
HAS ADOPTED THIS REGULATION:
Article 1
A review of Council Regulation (EC) No 2605/2000 is hereby initiated pursuant to Article 11(4) of Council Regulation (EC) No 384/96 in order to determine if and to what extent the imports of electronic weighing scales having a maximum weighing capacity not exceeding 30 kg, for use in the retail trade which incorporate a digital display of the weight, unit price and price to be paid (whether or not including a means of printing this data) falling within CN code ex 8423 81 50 (TARIC code 8423 81 50 10 ) originating in Taiwan, produced by Charder Electronic Co., Ltd. should be subject to the anti-dumping duties imposed by Council Regulation (EC) No 2605/2000.
Article 2
The anti-dumping duties imposed by Council Regulation (EC) No 2605/2000 are hereby repealed with regard to the imports identified in Article 1 of the present Regulation (TARIC additional code A499).
Article 3
The customs authorities are hereby directed, pursuant to Article 14(5) of Council Regulation (EC) No 384/96, to take the appropriate steps to register the imports identified in Article 1 of this Regulation. Registration shall expire nine months following the date of entry into force of this Regulation.
Article 4
1. Interested parties, if their representations are to be taken into account during the investigation, must make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in recital 8 of this Regulation or any other information, unless otherwise specified, within 40 days of the entry into force of this Regulation. Attention is drawn to the fact that the exercise of most procedural rights set out in Council Regulation (EC) No 384/96 depends on the party's making itself known within the aforementioned period.
Interested parties may also apply in writing to be heard by the Commission within the same 40-day time limit.
2. All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex number of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labeled as "Limited"(3) and, in accordance with Article 19(2) of Council Regulation (EC) No 384/96, shall be accompanied by a non-confidential version, which will be labeled "FOR INSPECTION BY INTERESTED PARTIES".
Any information relating to the matter, any request for a hearing should be sent to the following address:
European Commission Directorate-General for Trade
Directorate B
J-79 5/16
B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.
Article 5
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, 19 November 2003.
|
[
0,
1,
0,
1,
1,
0,
0,
0,
0,
0,
0
] |
*****
COMMISSION REGULATION (EEC) No 3746/89
of 13 December 1989
on securities for export licences issued under Regulation (EEC) No 3230/88 for beef and veal products qualifying for special treatment on import into a third country
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2931/79 of 20 December 1979 on the granting of assistance for export of agricultural products which may benefit from a special import treatment in a third country (1), and in particular Article 1 (2) thereof,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (2), as last amended by Regulation (EEC) No 571/89 (3),
Whereas Article 14 and 15 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 (4), as last amended by Regulation (EEC) No 3182/88 (5), lays down detailed rules for export licence applications for the products referred to in Article 1 of Commission Regulation (EEC) No 2973/79 (6), as last amended by Regulation (EEC) No 3434/87 (7);
Whereas Commission Regulation (EEC) No 3230/88 (8) fixes the quantities of meat which may be exported under these terms of the fourth quarter of 1988;
Whereas Article 6 (6) of Regulation (EEC) No 2377/80 provides that the security for the export licence concerned is only to be released on presentation of proof of arrival at destinations; whereas the differences between the Community and the United States of America on certain veterinary measures relating to beef and veal have resulted in a substantial change in trading conditions and whereas, as a result, anticipated exports using licences issued in accordance with the abovementioned Regulation could not be effected; whereas, as a consequence, provisions should be made for the release of the securities lodged with a view to obtaining those licences;
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
By way of derogation from Article 6 (6) of Regulation (EEC) No 2377/80, the securities for export licences issued pursuant to Regulation (EEC) No 3230/88 shall be released on application by the parties concerned.
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, 13 December 1989.
|
[
0,
0,
0,
1,
0,
1,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 1465/2001
of 17 July 2001
altering the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular the fourth subparagraph of Article 13(2) thereof,
Whereas:
(1) The export refunds on cereals and on wheat or rye flour, groats and meal were fixed by Commission Regulation (EC) No 1296/2001(3), as amended by Regulation (EC) No 1425/2001(4).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 1296/2001 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(a), (b) and (c) of Regulation (EEC) No 1766/92, exported in the natural state, as fixed in the Annex to Regulation (EC) No 1296/2001 are hereby altered as shown in the Annex to this Regulation in respect of the products set out therein.
Article 2
This Regulation shall enter into force on 18 July 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 July 2001.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION DECISION of 17 January 1995 amending Decision 90/55/EEC setting up a Consumers' Consultative Council (95/13/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 169 thereof,
Having regard to Commission Decision 90/55/EEC of 17 December 1989 setting up a Consumers' Consultative Council (1), as amended by Decision 94/146/EC (2), and in particular Article 3 and Annex III thereof,
Whereas the abovementioned Decision should be amended to take into account the accession of three new Member States to the European Community,
HAS DECIDED AS FOLLOWS:
Sole Article
Decision 90/55/EEC is hereby amended as follows:
1. Article 3 is replaced by the following:
'Article 3 The Council shall be composed of 48 members. The seats shall be attributed as follows:
(a) to representatives of European consumer organizations, a total of 20 using the method of distribution and selection described in Annexes I and II;
(b) to representatives of national and regional organizations and institutions, a total of 22 using the method of distribution and selection described in Annex III;
(c) to individuals specially qualified in consumer affairs, a total of six selected by the Commission on the basis of their ability in terms of defending consumer interests, whether at a general level or in specific areas or from specific aspects.` 2. In Annex III, paragraph (a) is replaced by the following:
'(a) Seats attributed to members of national organizations and institutions shall be broken down by nationality as follows:
TABLE
`
Done at Brussels, 17 January 1995.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
1,
0
] |
COMMISSION REGULATION (EC) No 1925/2004
of 29 October 2004
laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 1798/2003 concerning administrative cooperation in the field of value-added tax
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative cooperation in the field of value-added tax and repealing Regulation (EEC) No 218/92 (1) and, in particular Articles 18, 35 and 37 thereof,
Whereas:
(1)
The provisions on VAT administrative cooperation laid down in Regulation (EEC) No 218/92 and Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation, certain excise duties and taxation of insurance premiums (2) have been merged and strengthened in Regulation (EC) No 1798/2003.
(2)
It is necessary to specify the exact categories of information to be exchanged without prior request, as well as the frequency with which those exchanges are to be made, and the relevant practical arrangements.
(3)
Arrangements should be laid down for the provision of information communicated pursuant to Regulation (EC) No 1798/2003 by electronic means.
(4)
Finally, it is necessary to establish a list of the statistical data needed for the evaluation of Regulation (EC) No 1798/2003.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Administrative Cooperation,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down detailed rules for implementing Articles 18, 35 and 37 of Regulation (EC) No 1798/2003.
Article 2
Definitions
For the purposes of this Regulation:
1.
‘missing trader’ shall mean a trader registered as a taxable person for VAT purposes who, potentially with a fraudulent intent, acquires or purports to acquire goods or services without payment of VAT and supplies these goods or services with VAT, but does not remit the VAT due to the appropriate national authority.
2.
‘to hijack a VAT registration’ shall mean to use another trader’s VAT registration number illicitly.
Article 3
Categories of information to be exchanged without prior request
The categories of information to be the subject of automatic or structured automatic exchange, in accordance with Article 17 of Regulation (EC) No 1798/2003, shall be the following:
1.
information on non-established traders;
2.
information on new means of transport;
3.
information concerning distance selling not subject to VAT in the Member State of origin;
4.
information concerning intra-Community transactions presumed to be irregular;
5.
information on (potential) ‘missing traders’.
Article 4
Subcategories of information to be exchanged without prior request
1. In respect of non-established traders the information shall relate to the following:
(a)
the allocation of VAT identification numbers to taxable persons established in another Member State;
(b)
VAT refunds to taxable persons not established in the territory of the country, pursuant to Council Directive 79/1072/EEC (3).
2. In respect of new means of transport, the information shall relate to the following:
(a)
supplies exempted in accordance with Article 28c(A)(b) of Council Directive 77/388/EEC (4), of new means of transport as defined in Article 28a(2), by persons regarded as taxable persons pursuant to Article 28a(4) who are registered for VAT;
(b)
supplies exempted in accordance with Article 28c(A)(b) of Directive 77/388/EEC, of new vessels and aircraft as defined in Article 28a(2), by taxable persons registered for VAT, other than those mentioned under point (a), to persons not registered for VAT;
(c)
supplies exempted in accordance with Article 28c(A)(b) of Directive 77/388/EEC, of new motorised land vehicles as defined in Article 28a(2), by taxable persons registered for VAT, other than those mentioned under point (a), to persons not registered for VAT.
3. In respect of distance selling not subject to VAT in the Member State of origin, the information shall relate to the following:
(a)
supplies above the threshold provided for in Article 28b(B)(2) of Directive 77/388/EEC;
(b)
supplies below the threshold provided for in Article 28b(B)(2) of Directive 77/388/EEC, where the taxable person opts for taxation in the Member State of destination in accordance with Article 28b(B)(3) of that Directive.
4. In respect of intra-Community transactions presumed to be irregular, the information shall relate to the following:
(a)
supplies in cases where it is certain that the value of intra-Community supplies notified under the VAT Information exchange system (VIES) varies significantly from the value of the corresponding intra-Community acquisitions reported;
(b)
intra-Community supplies of goods not exempted from VAT in accordance with Article 28c(A) of Directive 77/388/EEC to a taxable person established in another Member State.
5. In respect of (potential) ‘missing traders’, the information shall relate to the following:
(a)
taxable persons for whom a VAT identification number has been cancelled or is no longer valid due to an absence or simulation of economic activity, and who have made intra-Community transactions;
(b)
taxable persons who are (potential) ‘missing traders’ but whose VAT identification number has not been cancelled;
(c)
taxable persons who carry out intra-Community supplies and their customers in other Member States in cases where the customer is a (potential) ‘missing trader’ or uses a ‘hijacked VAT registration’.
Article 5
Notification of participation in the exchange of information
Each Member State shall notify the Commission in writing, within three months from the entry into force of this Regulation, of its decision, taken in accordance with the second paragraph of Article 18 of Regulation (EC) No 1798/2003, as to whether it is going to take part in the exchange of a particular category or subcategory of information referred to in Articles 3 and 4 and, if so, whether it is going to do so in an automatic or structured automatic way. The Commission shall inform the other Member States accordingly.
A Member State which subsequently modifies the categories or subcategories of information which it exchanges or the way in which it takes part in the exchange of information shall notify the Commission accordingly in writing. The Commission shall inform the other Member States accordingly.
Article 6
Frequency of the transmission of the information
In cases where the automatic exchange system is being used, the information shall be provided in accordance with the following timetable:
(a)
at the latest within three months of the end of the calendar year in which that information has become available, with regard to the categories referred to in Article 3(1) and (3);
(b)
at the latest within three months of the end of the calendar quarter during which that information has become available, with regard to the categories referred to in Article 3(2).
Information concerning the categories referred to in Article 3(4) and (5) shall be provided as soon as it becomes available.
Article 7
Transmission of communications
1. All information communicated in writing pursuant to Article 37 of Regulation (EC) No 1798/2003 shall, as far as possible, be transmitted only by electronic means via the CCN/CSI network, with the exception of the following:
(a)
the request for notification referred to in Article 14 of Regulation (EC) No 1798/2003 and the instrument or decision of which notification is requested;
(b)
original documents provided pursuant to Article 7 of Regulation (EC) No 1798/2003.
2. The competent authorities of the Member States may agree to waive the communication on paper of the information specified in points (a) and (b) of paragraph 1.
Article 8
Evaluation
The arrangements for administrative cooperation shall be evaluated in accordance with Article 35(1) of Regulation (EC) No 1798/2003, at three-yearly intervals with effect from the entry into force of this Regulation.
Article 9
Statistical data
The list of statistical data referred to in Article 35(3) of Regulation (EC) No 1798/2003 is set out in the Annex.
Each Member State shall, before 30 April each year and as far as possible by electronic means, communicate to the Commission those statistical data, using the model set out in this Annex.
Article 10
Communication of national measures
Member States shall communicate to the Commission the text of any laws, regulations or administrative provisions which they apply in the field covered by this Regulation.
The Commission shall communicate those measures to the other Member States.
Article 11
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 October 2004.
|
[
0,
0,
1,
0,
0,
0,
0,
0,
0,
0,
1
] |
COMMISSION DECISION of 15 July 1997 concerning financial aid granted to Lloyd Triestino Società di Navigazione SpA and Italia di Navigazione SpA (Only the Italian text is authentic) (Text with EEA relevance) (98/234/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 93(2) thereof,
Having regard to the Agreement establishing the European Economic Area, and in particular point (a) of Article 62(1) thereof,
Having, in accordance with the provisions of the abovementioned Articles, given notice to the parties concerned to submit their comments and having regard to those comments,
Whereas:
On 16 February 1994 (by letter registered under reference SG (94) A/3082 on 24 February), the Permanent Representation of Italy notified the Secretariat-General of the Commission of a new Decree Law ('DL`) (1) No 22/94 (2), which concerned urgent measures for different sectors of the Italian economy. This DL included a proposal to grant financial support to the maritime sector, specifically in the form of a capital injection into Lloyd Triestino Società di Navigazione SpA (hereinafter referred to as 'Lloyd`) and Italia SpA di Navigazione (hereinafter: 'Italia`), the two international liner shipping companies within the Finmare group (3), as part of an overall restructuring plan. This Decree Law was subsequently replaced by Law 204/95, which remains in force. It is this recapitalisation which is the subject of this consultation and proposal for a Commission decision.
In view of the publication of DL 22/94 in the Gazzetta Ufficiale della Repubblica Italiana on 15 January 1994 and its consequent entry into force, the recapitalisation plan was registered by the Secretariat-General as a non-notified aid scheme.
On 27 July 1994, the Commission decided to initiate the Article 93(2) procedure (4), considering that there were, at that stage, doubts about the compatibility of the proposed financial support with the Treaty. In response, comments were received from the Italian shipowner's association (Confederazione Italiana Armatori or 'Confitarma` (5)), the United Kingdom authorities and lawyers representing a competitor of Lloyd.
The Italian authorities submitted their comments and further information by letters of 13 October and 24 November 1994. Regular exchanges of correspondence took place during 1995, as the Finmare restructuring plan took shape, and the final information required for the Commission to take a decision was transmitted by the Italian authorities on 15 May 1997. There were also numerous bilateral meetings, both in Brussels and Rome, of which the last took place on 17 April 1996.
DESCRIPTION OF THE MEASURES
The proposal is for a capital injection of ITL 60 000 million (ECU 31 million), payable in 1996. Lloyd will receive ITL 40 000 million and Italia ITL 20 million. The Italian authorities have confirmed that this financial support has not been paid to Lloyd or Italia, which are undercapitalised, in advance of the Commission's decision.
The proposal to grant State support to recapitalise Lloyd and Italia is part of the final stage of the restructuring of the Italian public fleet. The principal aim of the present capital injection is to give Lloyd and Italia a viable financial footing and support their adaptation to normal market conditions in the run-up to privatisation, scheduled for early 1997.
The Italian State has emphasized that, without the capital injection, the companies, which are significant employers, would be too weak financially to be privatised. The Italian Government, therefore, wishes to complete the current restructuring process as planned and to allow privatisation.
The planned privatisation is progressing: Finmare commissioned Citibank to identify possible buyers and wide publicity was given to the initial request for expressions of potential interest. As a result, a number of leading Italian and foreign shipping companies have indicated an interest as possible buyers. The Italian Government has prepared ad hoc draft legislation, as required by Italian law, to allow the sale to go ahead as soon as the Commission has taken a decision on the capital injection.
BACKGROUND
Since the 1970s, the Finmare group has found itself in grave financial difficulty, which prompted the Italian authorities to propose the restructuring of the group. The second phase of restructuring, developed within the Law of 5 December 1986, established the division of the group into a number of sectors of activity. Of these the liner (container) division will be the first to be privatised.
Despite this, Lloyd and Italia continued to register losses: the consolidated accounts for 1991 showed combined losses of ITL 53 000 million (ECU 27 million). To cover these losses, both companies have released financial resources through the sale of assets, as part of the recent restructuring process. In addition, over the years, the companies have been in receipt of aid, provided under framework Law 234/89, which had been notified to the Commission. The Commission has verified that the aid granted falls under the aid regime established by framework Law 234/89 (approved by the Commission (6)) and that the aid adheres to the conditions under which the scheme was approved. Consequently, this aid constitutes existing aid. Over the last years, both companies have operated at roughly break-even levels.
However, around 1991, IRI (7), the parent holding company of Finmare, began to have doubts about the strategic importance of the companies and the abilities of the public holding companies to manage their affairs. From spring 1992, the Finmare group has, therefore, spent considerable time and effort in developing and implementing a restructuring plan.
In January 1994, an outline restructuring plan for the group was presented to the government. This provided for:
- rapid privatisation of the bulk transport sector,
- take-over by the State railway of the companies providing transport links with islands, and
- a merger of the two companies in the international liner sector.
However, the proposal finally reached is not to merge Lloyd and Italia but to privatise them separately. In addition, certain activities and assets have been transferred or sold prior to mergers between companies to improve companies' financial balances within the Finmare group.
While the detailed plan for the final stage of restructuring the group was being developed, the government issued Decree Law (No 22) of 13 January 1994. This provided that: 'in order to improve the financial health and allow a profitable privatisation of the Finmare group, subject to the approval of the Ministers of Transport and Navigation and of the Treasury, of an appropriate restructuring plan presented by Finmare, the Treasury is authorised to provide recapitalisation, for the companies operating in maritime transport in international cargo trade`.
In September 1995, the Government presented the final restructuring plan for the Finmare group, aiming for the financial consolidation of the companies before their privatisation. After discussions with the responsible committees of the Chamber of Deputies and the Senate, the plan was definitively approved and transmitted to the Commission in January 1996.
As was mentioned above, a number of mergers, transfers and asset sales took place within the Finmare group after July 1996. Of these, the only ones which affected the two companies in question were;
- Sidermar, a coastal shipping company, wholly owned by Finmare, ceased its operations in September 1995, following the sale of its fleet of 14 vessels to private operators. The remaining assets and liabilities were then transferred to Lloyd through a merger on 1 September 1996, resulting in an increase in Lloyd's assets of some ITL 50 000 million (ECU 25 million),
- similarly, two ships owned by Viamare, another company within the Finmare group, were sold to Tirrenia, the principal Western Italian cabotage operator in the Finmare group; the remaining Viamare ship was sold to a Greek company. Viamare subsequently ceased operations; the remaining assets and liabilities were transferred to Italia through a merger. The debts of Viamare were settled and Italia thereby obtained assets worth ITL 16 000 million (ECU 8 million).
These arrangements have affected the overall financial picture for Lloyd and Italia, the asset bases of both companies having been increased. As these transactions constituted an international arrangement within the Finmare group, the Italian authorities did not consider them to amount to state aid within the meaning of Articles 92 and 93 of the EC Treaty.
However, the benefits accruing to Lloyd and Italia as a result of the restructuring clearly represent a financial advantage which could constitute State aid. The Commission has accordingly taken these amounts into account in assessing the financial assistance granted to these companies.
OPENING OF THE PROCEDURE (27 JULY 1994)
By decision of 27 July 1994, the Commission decided to open the procedure under Article 92(3) of the Treaty, since the proposed capital injection could not at that stage be justified as being of common European interest.
One Member State and two interested parties presented their observations on the capital injection proposed for Lloyd and Italia in pursuance of the Article 93(2) procedure.
(i) The United Kingdom Government
The UK Government welcomed the decision to open the procedure, considering generally that State aid should not be granted when it may distort competition between Community shipowners to such an extent as to be contrary to the interests of economic operators and consumers. It particularly noted that there were numerous Community shipping companies in the liner market and that the granting of financial support to the two Italian companies could prejudice the commercial development of more efficient companies (8).
Further, the UK Government stated that financial support for restructuring could not be approved by the Commission, as there were no details of the restructuring process, nor was there any evidence of progress towards re-establishing financial stability; the scope of the privatisation was not clear and there might be doubts about the effects of the privatisation, which could result in further costs of liquidation at a future date. The free-market investor principle did not apply as the alternative effects of different strategies had not been quantified.
On the other hand, the UK Government looked favourably on the Italian authorities' intention to privatise the two companies and recognised that the proposed capital injection could be approved if privatisation guaranteed a return to economic viability in accordance with a fully documented, scheduled and realistic action plan. This might benefit the Community by promoting competition and bringing subsidies to the two companies to an end, while avoiding the potential repercussions of liquidation. The UK Government proposed that the financial support measure and the action plan should be subject to verification and should be monitored by the Commission throughout the period of return to financial stability. The UK also considered that Member States and interested parties should have access to this material and should have the opportunity to make comments.
(ii) A competitor of Lloyd
A competitor of Lloyd stated that Lloyd had abused its dominant position on routes from Italy to the Mediterranean countries and to South Africa, increasing its tonnage and charging below cost as well as by signing binding contracts with shippers. The Commission has not found any evidence to substantiate this assertion.
(iii) Confitarma
Confitarma repeatedly brought the proposed financial support measures to the Commission's attention by providing copies of new decree laws and indicating the sections relating to such support. Generally, they have expressed concern that financial assistance to support the public liner fleet, and the recapitalisation in particular, could be distortive of competition, damaging the development of normal commercial strategies. This viewpoint has been endorsed by the competition and trade authority of Italy, in a decision issued on 26 January 1993 to the Italian authorities.
(iv) The response of the Italian authorities
The Italian authorities provided specific details (commercially confidential) on the development of Lloyd and Italia during the period of restructuring; these showed considerable improvements in productivity, with increases in the number of containers carried despite reductions in the number of personnel and ships operated. The companies have adopted a new commercial strategy based on cooperation with other operators, slot charters, etc. Furthermore, the companies' debts have been reduced, income has increased and the companies are both now operating in a healthier financial environment. However, deposite these improvements, in particular in the field of productivity and reduced operating costs, an additional capital injection is still necessary in order for the currently under capitalised companies to become financially sound and capable of privatisation.
The Commission also requested further details on the financial position of Lloyd and Italia which the Italian authorities provided at meetings in Brussels on 12 November 1996 and 17 April 1997 and in subsequent correspondence.
In the opinion of the Italian authorities the sums proposed or granted to the two companies were no more than those which a reasonable owner would invest in his companies which he intended to divest himself of. In any event, they maintained, the proceeds of any privatisation sale would exceed any amounts invested in the companies by their owner to prepare them for the privatisation. The Commission requested proof of this assertion, which the Italian authorities undertook to provide.
VALUATION OF THE COMPANIES
An internationally reputed independent consultant was engaged to carry out a detailed valuation of the companies.
The consultant used two methods to determine the value of the companies. The main method used was the discounted cash flows (DCF) method, which is based on the assumption that the value of the company depends on the operating cash flows expected to be generated in the future.
A second, control, method was also utilised, namely the excess earnings (EE) method, which is based on the assumption that the value of the company depends both on the value of its assets and on the company's expected profitability.
The DCF method used by the consultant is widely recognised as the most appropriate method for the objective valuation of companies. In order to be able to rely on such a method a certain level of information about the company's past and future performance is required. In the present case, the information utilised was the following:
- preliminary 1996 financial reports for Lloyd and Italia,
- the audited financial reports for Lloyd and Italia for 1992, 1993, 1994 and 1995,
- extracts from the 1997 financial reports for Lloyd and Italia,
- the financial plans for Lloyd and Italia for the years 1997 to 1999.
Since 1992 Lloyd has sought to improve its financial performance, initially by consolidating some of its services which resulted in a sharp overall reduction in capacity and a lowering of net losses and latterly through the device of extensive cooperation with partners. The company has moved towards chartering-out its vessels to partners and has then chartered-in a fixed number of slots. These changes have led to an overall increase in the company's operations and revenues (up from ITL 291 600 million in 1992 to ITL 666 300 million in 1996) and a decrease in operating costs. Since 1992 Lloyd has reduced its net annual loss from ITL 29 300 million in 1992 to ITL 1 400 million in 1996.
Italia's performance has also improved in recent years as a result principally of its commitment to a number of specific routes, its revenues have increased from ITL 186 900 million in 1992 to ITL 329 900 million in 1996. The company still, however, remains vulnerable to the increased competition and capacity available in the world market and is seriously undercapitalised. Italia has reduced its net loss from ITL 18 700 million 1992 to a break-even point in 1996.
As is normal practice, a 'control method` was used; the usual control method would be the 'comparables method`, in which the main financial figures of similar companies traded on the financial markets or the subject of recent merger/acquisition transactions would be used to reach a value for the company. However, given the absence of a sufficient number of comparable listed companies and merger/acquisition activity this method was not used. The EE (excess earnings) method was utilised instead.
By utilising the methods listed above, a range of values for the companies was reached. This range of values takes into account a number of variables, and by so doing and by utilising a number of techniques, the consultant therefore submits that a realistic range of values for the companies has been reached. The figures in question cannot be revealed for reasons of commercial confidentiality, as this would have an impact on the sale price of the companies.
All the values given, including those at the lower end of the range, were substantially above the total amount of the financial assistance given to the companies, for each company. Hence, even according to the lowest valuation made of the value of the companies, the expected sales price will exceed the proposed capital injection of ITL 60 000 million (ECU 31 million), plus the value of the assets transferred as a consequence of the restructuring of the Finmare group (liquidation of Sidermar and Viamare) amounting to ITL 66 000 million (ECU 33 million).
LEGAL APPRAISAL
According to Article 92(1) of the EC Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member States, be incompatible with the common market.
As is stated in Article 222 of the EC Treaty, Community law is neutral with respect to the private or public ownership of undertakings. Accordingly, financial support which facilitates the privatisation of State-owned undertakings may not as such benefit from a derogation from the basic principle of incompatibility of State aid with the common market laid down in Article 92(1).
However, when a privatisation is effected by the sale of shares on the stock exchange it is generally assumed to be on market conditions and not to involve aid.
If the company is privatised not by stock-exchange flotation but by trade sale (sale of the company as a whole, or in parts, to other companies) a number of conditions, as set out by the Commission in its XXIIIrd Annual competition report (1993) (9) must be followed:
- a competitive tender must be held which is open to all comers, transparent and not conditional on the performance of other acts such as the acquisition of assets other than those bid for or the continued operation of certain businesses,
- the company must be sold to the highest bidder, and
- bidders must be given enough time and information to carry out a proper valuation of the assets as the basis for their bid.
If the above conditions are followed it can be assumed, without further examination, that no aid is involved.
Before flotation, debt may be written off or reduced, without this giving rise to the presumption of aid, as long as the proceeds of the flotation (or trade sale) exceed the reduction in debt.
In the present case even the lowest valuation of the range of values reached for the expected sale value of the two companies in question exceeds the amount of the proposed capital injection of ITL 60 000 million, plus the value of the assets transferred as a consequence of the restructuring of the Finmare group (liquidation of Sidermar and Viamare) amounting to ITL 66 000 million (ECU 33 million) by a substantial amount.
Moreover, the financial assistance which is the subject of the present consultation should, as an investment and according to general financial theory, entail a premium for risk and the time between investment and return should also be considered. In this context, it should be noted that the range of sales values is in the order of 20 to 25 % and that the lowest value has been chosen as the basis of the assessment. The risk-premium is thereby taken into account. As to the question of timing, the time lapse between the payment of funds and the sale is expected to be short (the sale is planned around the end of 1997), so that the lowest of the expected sales valuations will exceed any possible interest yield which might accrue if the sums invested in the companies were placed on deposit with a bank for the same duration.
Therefore, for the reasons set out above, the financial support may be considered not to constitute State aid.
CONCLUSIONS
In conclusion, the capital injection of ITL 60 000 million (ECU 31 million) as envisaged in the notification, together with the financial assistance derived from the group restructuring of Finmare, has put the two companies in a position where they can now realistically be privatised. The independent consultants have also indicated that both companies are now in a position where they can be expected to operate profitably. The Italian authorities have agreed that no further aid will be given to either of those companies in connection with this privatisation.
The Italian authorities have undertaken to proceed speedily with the privatisation of Lloyd and Italia and in a transparent manner by way of a competitive tender and have confirmed, by an undertaking received on 4 July 1997, the following time-plan:
- an independent consultant has recently been appointed to advise the government on the preparation of the privatisation,
- finalization of these preparations by the end of October 1997 at the latest,
- publication of the tender notice by the end of November 1997 at the latest,
- time limit for submitting bids by the end of December 1997 at the latest.
The Italian Government further confirmed its intention to complete the sale of the two companies within three months following the time limit for submission of bids.
In approving the scheme, the Commission has taken into account these undertakings and will monitor the implementation of the time-plan.
The Italian authorities have undertaken to provide a report, showing the results of the application of the financial support and the process of privatisation within three months of the signing of the sales contract.
It is, therefore, proposed to the Commission that no objections be raised to the financial support granted by the Italian authorities to the two companies,
HAS ADOPTED THIS REGULATION:
Article 1
The financial assistance given to Lloyd Triestino and Italia di Navigazione in the form of the capital injection of ITL 60 000 million (ECU 31 million) and the transfer of assets from the liquidated shipping lines in the Finmare group, Sidermar and Viamare, amounting to ITL 66 000 million (ECU 33 million), (ITL 126 000 million, or ECU 64 million, in total) does not constitute State aid under Article 92(1) of the EC Treaty.
Article 2
In reaching this Decision, the Commission takes note of the following undertakings provided by the Italian authorities:
- apart from the sums as set out in Article 1, no further assistance shall be given to Lloyd or Italia for the privatisation of those two companies; the authorities shall proceed with the planned privatisation of Lloyd and Italia in a transparent manner by way of competitive tender, in accordance with the conditions in the XXIIIrd competition report as set out above,
- the Italian Government further confirmed its intention to complete the sale of two companies within three months following the time-limit for submission of bids. The tender notice shall be published for the sale of the aforementioned companies at the latest by the end of December 1997. The Italian authorities shall provide the Commission with a report showing the results of the privatisation, including the sales price, within three months of the signing of the sales contract.
Article 3
This Decision is addressed to the Republic of Italy.
Done at Brussels, 15 July 1997.
|
[
0,
0,
0,
1,
1,
0,
0,
0,
1,
0,
0
] |
REGULATION (EC) No 717/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 June 2007
on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
The high level of the prices payable by users of public mobile telephone networks, such as students, business travellers and tourists, when using their mobile telephones when travelling abroad within the Community is a matter of concern for national regulatory authorities, as well as for consumers and the Community institutions. The excessive retail charges are resulting from high wholesale charges levied by the foreign host network operator and also, in many cases, from high retail mark-ups charged by the customer's own network operator. Reductions in wholesale charges are often not passed on to the retail customer. Although some operators have recently introduced tariff schemes that offer customers more favourable conditions and lower prices, there is still evidence that the relationship between costs and prices is not such as would prevail in fully competitive markets.
(2)
The creation of a European social, educational and cultural area based on the mobility of individuals should facilitate communication between people in order to build a real ‘Europe for Citizens’.
(3)
Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (3), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (4), Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (5), Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (6) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (7) (hereinafter together referred to as ‘the 2002 regulatory framework for electronic communications’) aim to create an internal market for electronic communications within the Community while ensuring a high level of consumer protection through enhanced competition.
(4)
This Regulation is not an isolated measure, but complements and supports, insofar as Community-wide roaming is concerned, the rules provided for by the 2002 regulatory framework for electronic communications. That framework has not provided national regulatory authorities with sufficient tools to take effective and decisive action with regard to the pricing of roaming services within the Community and thus fails to ensure the smooth functioning of the internal market for roaming services. This Regulation is an appropriate means of correcting this situation.
(5)
The 2002 regulatory framework for electronic communications draws on the principle that ex ante regulatory obligations should only be imposed where there is not effective competition, providing for a process of periodic market analysis and review of obligations by national regulatory authorities, leading to the imposition of ex ante obligations on operators designated as having significant market power. The elements constituting this process include the definition of relevant markets in accordance with the Commission's Recommendation (8) on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC (hereinafter referred to as ‘the Recommendation’), the analysis of the defined markets in accordance with the Commission's guidelines on market analysis and the assessment of significant market power under the Community regulatory framework for electronic communications networks and services (9), the designation of operators with significant market power and the imposition of ex ante obligations on operators so designated.
(6)
The Recommendation identifies as a relevant market susceptible to ex ante regulation the wholesale national market for international roaming on public mobile networks. However, the work undertaken by the national regulatory authorities (both individually and within the European Regulators Group) in analysing the wholesale national markets for international roaming has demonstrated that it has not yet been possible for a national regulatory authority to address effectively the high level of wholesale Community-wide roaming charges because of the difficulty in identifying undertakings with significant market power in view of the specific circumstances of international roaming, including its cross-border nature.
(7)
As regards the retail provision of international roaming services, the Recommendation does not identify any retail market for international roaming as a relevant market, owing among other things to the fact that international roaming services at retail level are not purchased independently but constitute only one element of a broader retail package purchased by customers from their home provider.
(8)
In addition, the national regulatory authorities responsible for safeguarding and promoting the interests of mobile customers normally resident within their territory are not able to control the behaviour of the operators of the visited network, situated in other Member States, on whom those customers depend when using international roaming services. This obstacle could also diminish the effectiveness of measures taken by Member States based on their residual competence to adopt consumer protection rules.
(9)
Accordingly, there is pressure for Member States to take measures to address the level of international roaming charges, but the mechanism for ex ante regulatory intervention by national regulatory authorities provided by the 2002 regulatory framework for electronic communications has not proved sufficient to enable those authorities to act decisively in the consumers' interest in this specific area.
(10)
Furthermore, the European Parliament resolution on European electronic communications regulation and markets 2004 (10) called on the Commission to develop new initiatives to reduce the high costs of cross-border mobile telephone traffic, while the European Council of 23 and 24 March 2006 concluded that focused, effective and integrated information and communication technology (ICT) policies both at European and national level are essential to achieving the renewed Lisbon Strategy's goals of economic growth and productivity and noted in this context the importance for competitiveness of reducing roaming charges.
(11)
The 2002 regulatory framework for electronic communications, on the basis of considerations apparent at that time, was aimed at removing all barriers to trade between Member States in the area that it harmonised, inter alia, measures which affect roaming charges. However, this should not prevent the adaptation of harmonised rules in step with other considerations in order to find the most effective means of achieving a high level of consumer protection whilst improving the conditions for the functioning of the internal market.
(12)
The 2002 regulatory framework for electronic communications, in particular the Framework Directive, should therefore be amended to allow for a departure from the rules otherwise applicable, namely that prices for service offerings should be determined by commercial agreement in the absence of significant market power, and to thereby accommodate the introduction of complementary regulatory obligations which reflect the specific characteristics of Community-wide roaming services.
(13)
The retail and wholesale roaming markets exhibit unique characteristics which justify exceptional measures which go beyond the mechanisms otherwise available under the 2002 regulatory framework for electronic communications.
(14)
Regulatory obligations should be imposed at both retail and wholesale level to protect the interests of roaming customers, since experience has shown that reductions in wholesale prices for Community-wide roaming services may not be reflected in lower retail prices for roaming owing to the absence of incentives for this to happen. On the other hand, action to reduce the level of retail prices without addressing the level of the wholesale costs associated with the provision of these services could risk disrupting the orderly functioning of the Community-wide roaming market.
(15)
These regulatory obligations should take effect as soon as possible, while providing the operators concerned with a reasonable period to adapt their prices and service offerings to ensure compliance, and apply directly in all Member States.
(16)
A common approach should be employed for ensuring that users of terrestrial public mobile telephone networks when travelling within the Community do not pay excessive prices for Community-wide roaming services when making or receiving voice calls, thereby achieving a high level of consumer protection while safeguarding competition between mobile operators and preserving both incentives for innovation and consumer choice. In view of the cross-border nature of the services concerned, this common approach is needed so that mobile operators can operate within a single coherent regulatory framework based on objectively established criteria.
(17)
The most effective and proportionate approach to regulating the level of prices for making and receiving intra-Community roaming calls is the setting at Community level of a maximum average per-minute charge at wholesale level and the limiting of charges at retail level through the introduction of a Eurotariff. The average wholesale charge should apply between any pair of operators within the Community over a specified period.
(18)
The Eurotariff should be set at a level which guarantees a sufficient margin to operators and encourages competitive roaming offerings at lower rates. Operators should actively offer a Eurotariff to all their roaming customers, free of charge, and in a clear and transparent manner.
(19)
This regulatory approach should ensure that retail charges for Community-wide roaming provide a more reasonable reflection of the underlying costs involved in the provision of the service than has been the case. The maximum Eurotariff that may be offered to roaming customers should therefore reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. This regulatory approach should not apply to value added services.
(20)
This regulatory approach should be simple to implement and monitor in order to minimise the administrative burden both for the operators which are affected by its requirements and for the national regulatory authorities charged with its supervision and enforcement. It should also be transparent and immediately understandable to all mobile customers within the Community. Furthermore it should provide certainty and predictability to operators providing wholesale and retail roaming services. The level in monetary terms of the maximum per-minute charges at wholesale and retail level should therefore be specified in this Regulation.
(21)
The maximum average per-minute charge at wholesale level so specified should take account of the different elements involved in the making of a Community-wide roaming call, in particular the cost of originating and terminating calls over mobile networks and including overheads, signalling and transit. The most appropriate benchmark for call origination and for call termination is the average mobile termination rate for mobile network operators in the Community, based on information provided by the national regulatory authorities and published by the Commission. The maximum average per-minute charge established by this Regulation should therefore be determined taking into account the average mobile termination rate, which offers a benchmark for the costs involved. The maximum average per-minute charge at wholesale level should decrease annually to take account of reductions in mobile termination rates imposed by national regulatory authorities from time to time.
(22)
The Eurotariff applicable at retail level should provide roaming customers with the assurance that they will not be charged an excessive price when making or receiving a regulated roaming call, whilst leaving the home operators sufficient margin to differentiate the products they offer to customers.
(23)
All consumers should have the option of choosing without additional charges or preconditions a simple roaming tariff which will not exceed regulated rates. A reasonable margin between wholesale costs and retail prices should ensure that operators cover all their specific roaming costs at retail level including appropriate shares of marketing costs and handset subsidies and are left with an adequate residual to yield a reasonable return. A Eurotariff is an appropriate means to provide both the consumer with protection and the operator with flexibility. In line with the wholesale level the maximum levels of the Eurotariff should decrease annually.
(24)
New roaming customers should be fully informed of the range of tariffs that exist for roaming within the Community, including the tariffs which are compliant with the Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.
(25)
Providers of retail Community-wide roaming services should have a period within which to adjust their prices to comply with the limits laid down in this Regulation.
(26)
Similarly, providers of wholesale Community-wide roaming services should have an adaptation period to comply with the limits laid down in this Regulation.
(27)
Since this Regulation provides that the Directives making up the 2002 regulatory framework for electronic communications are without prejudice to any specific measure adopted for the regulation of Community-wide roaming charges for mobile voice telephony calls, and since providers of Community-wide roaming services may be required by this Regulation to make changes to their retail roaming tariffs in order to comply with the requirements of this Regulation, such changes should not trigger for mobile customers any right under national laws transposing the 2002 regulatory framework for electronic communications to withdraw from their contracts.
(28)
This Regulation should not prejudice innovative offers to consumers which are more advantageous than the maximum Eurotariff as defined in this Regulation, but rather should encourage innovative offers to roaming customers at lower rates. This Regulation does not require roaming charges to be reintroduced in cases where they have been abolished altogether, nor does it require existing roaming charges to be increased to the level of the limits set out in this Regulation.
(29)
Home providers may offer a fair-use, all-inclusive, monthly flat-rate to which no charge limits apply. This flat-rate could cover Community-wide roaming voice and/or data communication services (including Short Message Service (SMS) and Multimedia Messaging Service (MMS)) within the Community.
(30)
To ensure that all users of mobile voice telephony may benefit from the provisions of this Regulation, the retail pricing requirements should apply regardless of whether roaming customers have a pre-paid or a post-paid contract with their home provider, and regardless of whether the home provider has its own network, is a mobile virtual network operator or is a reseller of mobile voice telephony services.
(31)
Where Community providers of mobile telephony services find the benefits of interoperability and end-to-end connectivity for their customers jeopardised by the termination, or threat of termination, of their roaming arrangements with mobile network operators in other Member States, or are unable to provide their customers with service in another Member State as a result of a lack of agreement with at least one wholesale network provider, national regulatory authorities should make use, where necessary, of the powers under Article 5 of the Access Directive to ensure adequate access and interconnection in order to guarantee such end-to-end connectivity and the interoperability of services, taking into account the objectives of Article 8 of the Framework Directive, in particular the creation of a fully functioning single market for electronic communications services.
(32)
In order to improve the transparency of retail prices for making and receiving regulated roaming calls within the Community and to help roaming customers make decisions on the use of their mobile telephones while abroad, providers of mobile telephony services should enable their roaming customers easily to obtain information free of charge on the roaming charges applicable to them when making or receiving voice calls in a visited Member State. Moreover, providers should give their customers, on request and free of charge, additional information on the per-minute or per-unit data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
(33)
Transparency also requires that providers furnish information on roaming charges, in particular on the Eurotariff and the all-inclusive flat-rate should they offer one, when subscriptions are taken out and each time there is a change in roaming charges. Home providers should provide information on roaming charges by appropriate means such as invoices, the internet, TV advertisements or direct mail. Home providers should ensure that all their roaming customers are aware of the availability of regulated tariffs and should send a clear and unbiased communication to these customers describing the conditions of the Eurotariff and the right to switch to and from it.
(34)
The national regulatory authorities which are responsible for carrying out tasks under the 2002 regulatory framework for electronic communications should have the powers needed to supervise and enforce the obligations under this Regulation within their territory. They should also monitor developments in the pricing of voice and data services for mobile customers when roaming within the Community including, where appropriate, the specific costs related to roaming calls made and received in the outermost regions of the Community and the need to ensure that these costs can be adequately recovered on the wholesale market, and that traffic steering techniques are not used to limit choice to the detriment of customers. They should ensure that up-to-date information on the application of this Regulation is made available to interested parties and publish the results of such monitoring every six months. Information should be provided on corporate, post-paid and pre-paid customers separately.
(35)
In-country roaming in the outermost regions of the Community where mobile telephony licences are distinct from those issued in respect of the rest of the national territory could benefit from rate reductions equivalent to those practised on the Community roaming market. The implementation of this Regulation should not give rise to less favourable pricing treatment for customers using in-country roaming services as opposed to customers using Community-wide roaming services. To this end, the national authorities may take additional measures consistent with Community law.
(36)
In view of the fact that, in addition to voice telephony, new mobile data communication services are gaining ever more ground, this Regulation should make it possible to monitor market developments in those services too. The Commission, therefore, should also monitor the market for roaming data communication services, including SMS and MMS.
(37)
Member States should provide for a system of penalties to be applied in the event of breach of this Regulation.
(38)
Since the objectives of this Regulation, namely to establish a common approach to ensure that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for Community-wide roaming services when making or receiving voice calls, thereby achieving a high level of consumer protection while safeguarding competition between mobile operators, cannot be sufficiently achieved by the Member States in a secure, harmonised and timely manner and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
(39)
This common approach should be established for a limited time period. This Regulation may, in the light of a review to be carried out by the Commission, be extended or amended. The Commission should review the effectiveness of this Regulation and the contribution which it makes to the implementation of the regulatory framework and the smooth functioning of the internal market and also examine the impact of this Regulation on the smaller mobile telephony providers in the Community and their position in the Community-wide roaming market,
HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter and scope
1. This Regulation introduces a common approach to ensuring that users of public mobile telephone networks when travelling within the Community do not pay excessive prices for Community-wide roaming services when making calls and receiving calls, thereby contributing to the smooth functioning of the internal market while achieving a high level of consumer protection, safeguarding competition between mobile operators and preserving both incentives for innovation and consumer choice. It lays down rules on the charges that may be levied by mobile operators for the provision of international roaming services for voice calls originating and terminating within the Community and applies both to charges levied between network operators at wholesale level and to charges levied by home providers at retail level.
2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Community-wide roaming services.
3. This Regulation constitutes a specific measure within the meaning of Article 1(5) of the Framework Directive.
4. The charge limits set out in this Regulation are expressed in Euro. Where charges governed by Articles 3 and 4 are denominated in other currencies, the initial limits pursuant to those Articles shall be determined in those currencies by applying the reference exchange rates prevailing on 30 June 2007, as published by the European Central Bank in the Official Journal of the European Union. For the purposes of the subsequent reductions in those limits provided for in Article 3(2) and Article 4(2), the revised values shall be determined by applying the reference exchange rates so published one month preceding the date from which the revised values apply.
Article 2
Definitions
1. For the purposes of this Regulation, the definitions set out in Article 2 of the Access Directive, Article 2 of the Framework Directive, and Article 2 of the Universal Service Directive shall apply.
2. In addition to the definitions referred to in paragraph 1, the following definitions shall apply:
(a)
‘Eurotariff’ means any tariff not exceeding the maximum charge, provided for in Article 4, which a home provider may levy for the provision of regulated roaming calls in compliance with that Article;
(b)
‘home provider’ means an undertaking that provides a roaming customer with terrestrial public mobile telephony services either via its own network or as a mobile virtual network operator or reseller;
(c)
‘home network’ means a terrestrial public mobile telephone network located within a Member State and used by a home provider for the provision of terrestrial public mobile telephony services to a roaming customer;
(d)
‘Community-wide roaming’ means the use of a mobile telephone or other device by a roaming customer to make or receive intra-Community calls while in a Member State other than that in which his home network is located, by means of arrangements between the operator of the home network and the operator of the visited network;
(e)
‘regulated roaming call’ means a mobile voice telephony call made by a roaming customer, originating on a visited network and terminating on a public telephone network within the Community or received by a roaming customer, originating on a public telephone network within the Community and terminating on a visited network;
(f)
‘roaming customer’ means a customer of a provider of terrestrial public mobile telephony services, by means of a terrestrial public mobile network situated in the Community, whose contract or arrangement with his home provider permits the use of a mobile telephone or other device to make or to receive calls on a visited network by means of arrangements between the operator of the home network and the operator of the visited network;
(g)
‘visited network’ means a terrestrial public mobile telephone network situated in a Member State other than that of the home network and permitting a roaming customer to make or receive calls by means of arrangements with the operator of the home network.
Article 3
Wholesale charges for the making of regulated roaming calls
1. The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,30 per minute.
2. This average wholesale charge shall apply between any pair of operators and shall be calculated over a twelve month period or any such shorter period as may remain before the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,28 and EUR 0,26, on 30 August 2008 and on 30 August 2009 respectively.
3. The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes sold for the provision of wholesale roaming calls within the Community by the relevant operator over the relevant period. The operator of the visited network shall be permitted to make a distinction between peak and off-peak charges.
Article 4
Retail charges for regulated roaming calls
1. Home providers shall make available and actively offer to all their roaming customers, clearly and transparently, a Eurotariff as provided for in paragraph 2. This Eurotariff shall not entail any associated subscription or other fixed or recurring charges and may be combined with any retail tariff.
When making this offer, home providers shall remind any of their roaming customers who, before 30 June 2007, had chosen a specific roaming tariff or package of the conditions applicable to that tariff or package.
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,49 per minute for any call made or EUR 0,24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0,46 and EUR 0,43, and for calls received to EUR 0,22 and EUR 0,19, on 30 August 2008 and on 30 August 2009 respectively.
3. All roaming customers shall be offered a tariff as set out in paragraph 2.
All existing roaming customers shall be given the opportunity by 30 July 2007 to opt deliberately for a Eurotariff or any other roaming tariff, and shall be allowed a period of two months within which to make their choice known to their home provider. The requested tariff shall be activated no later than one month after receipt by the home provider of the customer's request.
Roaming customers who within that period of two months have not expressed their choice shall automatically be provided with a Eurotariff as set out in paragraph 2.
However, roaming customers who before 30 June 2007 had already made a deliberate choice of a specific roaming tariff or package other than the roaming tariff which they would have been accorded in the absence of such choice, and who fail to express a choice pursuant to this paragraph, shall remain on their previously chosen tariff or package.
4. Any roaming customer may request, at any point after the process set out in paragraph 3 has been completed, to switch to or from a Eurotariff. Any switch must be made within one working day of receipt of the request and free of charge and shall not entail conditions or restrictions pertaining to other elements of the subscription. A home provider may delay such a switch until the previous roaming tariff has been effective for a minimum specified period not exceeding three months.
Article 5
Application of Articles 3 and 6
1. Article 3 shall apply from 30 August 2007.
2. Article 6(1) and (2) shall apply from 30 September 2007.
Article 6
Transparency of retail charges
1. To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls by that customer in the visited Member State.
This basic personalised pricing information shall include the maximum charges the customer may be subject to under his tariff scheme for making calls within the visited country and back to the Member State of his home network, as well as for calls received. It shall also include the free of charge number referred to in paragraph 2 for obtaining more detailed information.
A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Home providers shall provide blind or partially-sighted customers with this basic personalised pricing information automatically, by voice call, free-of-charge, if they so request.
2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, more detailed personalised pricing information on the roaming charges that apply to voice calls, SMS, MMS and other data communication services, by means of a mobile voice call or by SMS. Such a request shall be to a free of charge number designated for this purpose by the home provider.
3. Home providers shall provide all users with full information on applicable roaming charges, in particular on the Eurotariff, when subscriptions are taken out. They shall also provide their roaming customers with updates on applicable roaming charges without undue delay each time there is a change in these charges.
Home providers shall take the necessary steps to secure awareness by all their roaming customers of the availability of the Eurotariff. They shall in particular communicate to all roaming customers by 30 July 2007 the conditions relating to the Eurotariff in a clear and unbiased manner. They shall send a reminder at reasonable intervals thereafter to all customers who have opted for another tariff.
Article 7
Supervision and enforcement
1. National regulatory authorities shall monitor and supervise compliance with this Regulation within their territory.
2. National regulatory authorities shall make up-to-date information on the application of this Regulation, in particular Articles 3 and 4, publicly available in a manner that enables interested parties to have easy access to it.
3. National regulatory authorities shall in preparation for the review provided for in Article 11, monitor developments in wholesale and retail charges for the provision to roaming customers of voice and data communications services, including SMS and MMS, including in the outermost regions referred to in Article 299(2) of the Treaty. National regulatory authorities shall also be alert to the particular case of involuntary roaming in the border regions of neighbouring Member States and monitor whether traffic steering techniques are used to the disadvantage of customers. They shall communicate the results of such monitoring to the Commission, including separate information on corporate, post-paid and pre-paid customers, every six months.
4. National regulatory authorities shall have the power to require undertakings subject to obligations under this Regulation to supply all information relevant to the implementation and enforcement of this Regulation. Those undertakings shall provide such information promptly on request and to the timescales and level of detail required by the national regulatory authority.
5. National regulatory authorities may intervene on their own initiative in order to ensure compliance with this Regulation. In particular, they shall, where necessary, make use of the powers under Article 5 of the Access Directive to ensure adequate access and interconnection in order to guarantee the end-to-end connectivity and interoperability of roaming services.
6. Where a national regulatory authority finds that a breach of the obligations set out in this Regulation has occurred, it shall have the power to require the immediate cessation of such a breach.
Article 8
Dispute resolution
1. In the event of a dispute in connection with the obligations laid down in this Regulation between undertakings providing electronic communications networks or services in a Member State, the dispute resolution procedures laid down in Articles 20 and 21 of the Framework Directive shall apply.
2. In the event of an unresolved dispute involving a consumer or end-user and concerning an issue falling within the scope of this Regulation, the Member States shall ensure that the out-of-court dispute resolution procedures laid down in Article 34 of the Universal Service Directive are available.
Article 9
Penalties
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission no later than 30 March 2008 and shall notify it without delay of any subsequent amendment affecting them.
Article 10
Amendment to Directive 2002/21/EC (Framework Directive)
The following paragraph shall be added to Article 1 of Directive 2002/21/EC (Framework Directive):
‘5. This Directive and the Specific Directives shall be without prejudice to any specific measure adopted for the regulation of international roaming on public mobile telephone networks within the Community.’
Article 11
Review
1. The Commission shall review the functioning of this Regulation and report to the European Parliament and the Council no later than 30 December 2008. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In its report the Commission shall review developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS, and shall, if appropriate, include recommendations regarding the need to regulate these services. For this purpose the Commission may use the information supplied pursuant to Article 7(3).
2. In its report, the Commission shall assess whether, in the light of developments in the market and with regard to both competition and consumer protection, there is need to extend the duration of this Regulation beyond the period set out in Article 13 or to amend it, taking into account the developments in charges for mobile voice and data communication services at national level and the effects of this Regulation on the competitive situation of smaller, independent or newly started operators. If the Commission finds that there is such a need, it shall submit a proposal to the European Parliament and the Council.
Article 12
Notification requirements
Member States shall notify to the Commission no later than 30 August 2007 the identity of the national regulatory authorities responsible for carrying out tasks under this Regulation.
Article 13
Entry into force and expiry
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall expire on 30 June 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 2007.
|
[
0,
0,
1,
1,
0,
0,
0,
0,
0,
0,
0
] |
COUNCIL DECISION of 21 December 1988 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and Turkey fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Turkey, for the period 1 November 1987 to 31 December 1990 (88/645/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particluar Article 113 thereof,
Having regard to Decision No 1/77 of the EEC-Turkey Association Council of 17 May 1977 on new concessions for imports of Turkish agricultural products into the Community, and in particular Annex IV thereto,
Having regard to the proposal from the Commission,
Whereas it is necessary to approve the Agreement in the form of an Exchange of Letters between the European Economic Community and Turkey fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Turkey, for the period 1 November 1987 to 31 December 1990,
HAS DECIDED AS FOLLOWS:
Article 1 The Agreement in the form of an Exchange of Letters between the European Economic Community and Turkey fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Turkey, for the period 1 November 1987 to 31 December 1990 is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement for the purpose of binding the Community.
Article 3 The Decision shall take effect on the day following its publication in the Official Journal of the European Communities.
Done at Brussels, 21 December 1988.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
FIRST COMMISSION DIRECTIVE of 28 September 1977 amending the Annexes to Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine (77/629/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (1), as last amended by Council Directive 74/648/EEC (2), and in particular Article 17a thereof,
Whereas, by reason of advances in scientific and technical knowledge, the Annexes to the abovementioned Directive should be amended for the reasons set out below;
Whereas the conditions laid down in the Directive as to the cultivation of material for the propagation of the vine should be improved so as to take account of the effects of harmful organisms, in particular when dealing with virus diseases or vectors thereof;
Whereas the German text of the Directive should be corrected;
Whereas the new techniques for grading top graft cuttings should be taken into account;
Whereas, so that healthy vine nurseries may become available as rapidly as possible, the official label should, for an initial stage, give supplementary and optional information obtained during officially recognized tests concerning the provenance of virus tested basic material;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Council Directive 68/193/EEC is hereby amended as follows: 1. In Part I, item 3, for "harmful organisms, in particular viruses" read "harmful organisms or their vectors, in particular nematodes which carry virus diseases".
2. The German text of Part I, item 5, for "Kurzknotigkeit" read "Reisigkrankheit".
3. In Part I, item 6 shall read:
"6. The failure rate attributable to harmful organisms shall not exceed: - 5 % in stock nurseries intended for the production of certified propagation material, and (1)OJ No L 93, 17.4.1968, p. 15. (2)OJ No L 352, 28.12.1974, p. 43.
- 10 % in stock nurseries intended for the production of standard propagation material.
If failures can be ascribed to other than plant health factors and if the failure rate exceeds the abovementioned percentages, these reasons shall be entered in the file".
Article 2
In Annex II, Part III, item 1, the text of B shall read:
"B. Length (a) Rootstock cuttings for grafting : minimum length from the lowest part of the lowest node taking into account the uppermost internode, 1 705 m;
(b) Nursery cuttings : minimum length from the lowest part of the lowest node taking into account the uppermost internode, 55 cm, in the case of Vitis vinifera, 30 cm;
(c) Top-graft cuttings: - with five usable eyes, minimum length from the lowest part of the lowest node taking into account the uppermost internode, 50 cm,
- with one usable eye, minimum length 6 75 cm ; the cut shall be made at a minimum distance of 1 75 cm above the eye and 5 cm below the eye".
Article 3
PIC FILE= "T
Article 4
Annex IV is amended as follows: 1. Insert after Part A:
"B. Additional information allowed for basic propagation material and for certified propagation material:
"The basic material/the materials of a vegetative stage prior thereto have been tested by ... (authority) and have been confirmed free of ... (virus disease) according to ... (test method)".
For basic propagation material and for certified propagation material this information can refer to leafroll and fan-leaf and in the case of root stock also to mottling. The tests must be officially recognized. They must have been carried out over a period of at least three years by a officially recognized and controlled authority.
The following test methods may be applied: - for all virus diseases the indexing methods in the case of vine plants;
- for fan-leaf, in addition to the preceding methods, the indexing method in the case of herbaceous plants, and also the serology method".
2. Re-letter the former Part B as Part C.
Article 5
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 July 1978.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 28 September 1977.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION DECISION of 24 September 1996 amending Commission Decisions 91/270/EEC and 92/471/EEC on the importation of embryos of domestic animals of the bovine species from Argentina (Text with EEA relevance) (96/572/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in, and importation from third countries of embryos of domestic animals of the bovine species (1) as last amended by Directive 94/113/EC (2) and in particular Articles 7, 9 and 10 thereof,
Whereas a list of third countries from which Member States authorize importation of embryos of domestic animals of the bovine species appears in Commission Decision 91/270/EEC (3) as amended by Decision 94/453/EC (4);
Whereas the animal health conditions and veterinary certification for importation of bovine embryos from third countries are laid down in Commission Decision 92/471/EEC (5) as last amended by Decision 94/453/EC;
Whereas the competent authorities of Argentina have undertaken to notify the Commission and the Member States by telex or fax within 24 hours of the confirmation of the occurrence of any of the following diseases: rinderpest, foot-and-mouth disease, contagious bovine pleuropneumonia, bluetongue, epizootic haemorrhagic disease, Rift Valley fever and contagious vesicular stomatitis or changes in the policy of vaccination against them;
Whereas the animal health situation in Argentina is satisfactory from the point of view of imports of bovine embryos;
Whereas the veterinary services in that country are well-structured and organized and whereas the guarantees as to compliance with the rules laid down in Directive 89/556/EEC were given by the competent authorities of that country;
Whereas the competent authorities of Argentina have undertaken to ensure that the embryos have been collected or produced and processed by approved and supervised embryo collection or production teams, that they have, as appropriate, been obtained from animals of satisfactory health status, that they have been stored and transported in accordance with the rules which preserve their health status and are accompanied during transport by an animal health certificate in order to ensure that this obligation has been fulfilled;
Whereas the list of third countries from which Member States authorize importation of embryos of domestic animals of the bovine species should be amended and the animal health conditions for importation of embryos from Argentina should be laid down;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
To the list of countries appearing in the Annex to Decision 91/270/EEC, the following country is added:
'Argentina`.
Article 2
To the list of countries appearing in Annex A, Part II, to Decision 92/471/EEC, the following country is added:
'Argentina`.
Article 3
This Decision shall apply from the day following that of its publication in the Official Journal of the European Communities.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 24 September 1996.
|
[
1,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EEC) No 2859/91 of 27 September 1991 fixing depreciation percentages to be applied when agricultural products are bought in for the 1992 financial year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Council Regulation (EEC) No 1883/78 of 2 August 1978 laying down the general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, Guarantee Section (1), as last amended by Regulation (EEC) No 787/89 (2) and in particular Article 8 thereof,
Whereas, under Article 8 of Regulation (EEC) No 1883/78, systematic depreciation of public intervention agricultural products must take place when they are bought in, and whereas accordingly the Commission must determine the depreciation percentage before the beginning of each year and whereas such percentage shall not exceed the difference between the buying-in price and the foreseeable disposal price for each product;
Whereas, under Article 8 (3) of Regulation (EEC) No 1883/78, the Commission may, at its discretion, restrict depreciation at the time of buying in to a proportion of this depreciation percentage, but such proportion may not be less than 70 %; whereas, coefficients to be applied also for the 1992 financial year by the intervention agencies to the monthly buying-in values of products should be fixed, to enable the agencies to establish the depreciation amounts;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the EAGGF Committee,
HAS ADOPTED THIS REGULATION:
Article 1
In respect of the products listed in the Annex, which, having been bought in by public intervention have entered store or been taken over by the intervention agencies between 1 October 1991 and 30 September 1992, the authorities shall depreciate their value to account for the difference between the buying in prices and the foreseeable selling prices of the relevant products.
Article 2
The intervention agencies shall apply to the values of the products bought in the coefficients set out in the Annex.
The expenditure amounts determined in this way shall be notified to the Commission under the declarations established pursuant to Regulation (EEC) No 2776/88 of the Commission (3).
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 October 1991 onwards. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 September 1991.
|
[
0,
0,
1,
1,
0,
0,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 642/2002
of 12 April 2002
on the issue of system B export licences in the fruit and vegetables sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1961/2001 of 8 October 2001 on detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables(1), and in particular Article 6(6) thereof,
Whereas:
(1) Commission Regulation (EC) No 226/2002(2) fixes the indicative quantities for system B export licences other than those sought in the context of food aid.
(2) In the light of the information available to the Commission today, there is a risk that the indicative quantities laid down for the current export period for apples will shortly be exceeded. This overrun will prejudice the proper working of the export refund scheme in the fruit and vegetables sector.
(3) To avoid this situation, applications for system B licences for apples exported after 12 April 2002 should be rejected until the end of the current export period,
HAS ADOPTED THIS REGULATION:
Article 1
Applications for system B export licences for apples submitted pursuant to Article 1 of Regulation (EC) No 226/2002, export declarations for which are accepted after 12 April 2002 and before 15 May 2002, are hereby rejected.
Article 2
This Regulation shall enter into force on 13 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 April 2002.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 1592/95 of 30 June 1995 amending Regulation (EEC) No 904/90 laying down detailed rules for the application of the arrangements applicable to imports of certain pigmeat products originating in the African, Caribbean and Pacific States (ACP) or in the overseas countries and territories (OCT), in order to implement the Agricultural Agreement concluded during the Uruguay Round of negotiations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 (1) thereof,
Whereas, in order to take account of existing import arrangements in the pigmeat sector and those resulting from the Agricultural Agreement concluded during the Uruguay Round of multilateral trade negotiations, transitional measures are needed to adjust the preferential concessions in the form of exemption from the import duty for certain pigmeat products from the ACP States and the OCT;
Whereas Commission Regulation (EEC) No 904/90 of 10 April 1990 (2), as last amended by Regulation (EEC) No 1740/90 (3) lays down detailed rules for the application of preferential conditions in the form of a reduction in the import levy for pigmeat quotas; whereas, since the levies are being replaced by customs duties from 1 July 1995, it is necessary to make transitional adjustments to these rules;
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
In Regulation (EEC) No 904/90 the word 'levy` is replaced by the words 'customs duty` each time that it appears.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995 to 30 June 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1995.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
1
] |
*****
COMMISSION DECISION
of 26 January 1990
authorizing the Hellenic Republic to permit temporarily the marketing of durum wheat seed not satisfying the requirements of Council Directive 66/402/EEC
(90/48/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), as last amended by Commission Directive 89/2/EEC (2), and in particular Article 17 thereof,
Having regard to the request submitted by the Hellenic Republic,
Whereas in Greece the production of durum wheat seed satisfying the requirements of Directive 66/402/EEC has been insufficient in 1989 and therefore is not adequate to meet that country's needs;
Whereas it is not possible to cover this demand satisfactorily with seed from other Member States, or from third countries, satisfying all the requirements laid down in the said Directive;
Whereas Greece should therefore be authorized to permit for a period expiring on 31 March 1990, the marketing of seed of the abovementioned species subject to less stringent requirements;
Whereas, moreover, other Member States, which are able to supply Greece with such seed not satisfying the requirements of the Directive should be authorized to permit the marketing of such seed provided it is intended for Greece;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
The Hellenic Republic is authorized to permit, for a period expiring on 31 March 1990, the marketing in its territory of a maximum of 5 000 tonnes of durum wheat seed (Triticum durum Desf.) of very early, short-stemmed varieties of the category 'certified seed of the second generation', which does not satisfy the requirements laid down in Annex II to Directive 66/402/EEC with regard to the minimum germination capacity, provided that the following requirements are satisfied:
(a) the germination capacity is at least 78 % of pure seed;
(b) the official label shall bear the following endorsements:
- 'minimum germination capacity 78 %',
- 'intended exclusively for Greece'.
Article 2
The other Member States are hereby authorized to permit, subject to the conditions laid down in Article 1, the marketing in their territory of a maximum of 5 000
tonnes of durum wheat seed provided that it is intended exclusively for Greece. The official label shall bear the endorsements referred to in Article 1 (b).
Article 3
Member States shall notify the Commission before 31 May 1990 of the quantities of seed marketed in their territory pursuant to this Decision. The Commission shall inform the other Member States thereof.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 26 January 1990.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 1201/2007
of 15 October 2007
entering a designation in the register of protected designations of origin and protected geographical indications (Coliflor de Calahorra (PGI))
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1)
In accordance with the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, and pursuant to Article 17(2) of the same Regulation, the application submitted by Spain to enter the designation ‘Coliflor de Calahorra’ in the register was published in the Official Journal of the European Union (2).
(2)
A statement of objection was notified to the Commission in accordance with Article 7 of Regulation (EC) No 510/2006. As this statement of opposition was subsequently withdrawn, this designation should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The designation contained in the Annex to this Regulation shall be entered in the register.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 October 2007.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COUNCIL REGULATION (EEC) No 743/93 of 17 March 1993 on the list of products subject to the supplementary trade mechanism as regards consignment to Portugal
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 234 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the achievement of the Single Market requires the removal of all barriers to trade not only between the Member States of the Community as constituted on 31 December 1985 but also to the greatest possible extent between those Member States and Spain and Portugal; whereas, to that end, the supplementary trade mechanism must be abolished in all cases where it is not absolutely necessary;
Whereas experience of operating that mechanism indicates that it can be abolished for products subject to classic transition without any risk of disturbing the Portuguese market;
Whereas Council Regulation (EEC) No 3659/90 of 11 December 1990 on products subject to the supplementary trade mechanism during the second stage of Portuguese accession (2), sets out the list of products subject to transition by stages to which the STM applies; whereas experience indicates that maintaining that mechanism is essential to balance on the Portuguese market only in the case of those products covered by this Regulation;
Whereas given these facts a new list of products consigned to Portugal and subject to the mechanism in question should be drawn up and Regulation (EEC) No 3659/90 to be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
As regards consignments to Portugal, the supplementary trade mechanism provided for in Article 249 of the Act of Accession shall apply, in accordance with the requirements of Articles 250, 251 and 252 of that Act, to the following products only:
1. Beef and veal 2. Fruit and vegetables 3. Pigs and pigmeat
/* Tables: see OJ */
supplementary trade mechanism shall only apply up to the date on which Portugal is declared free of African swine fever.
Article 2
The Commission shall keep under review the possibility of modification of the list of products in Article 1 in line with changes in trade and shall submit the necessary proposals to the Council.
Article 3
Regulation (EEC) No 3659/90 is hereby repealed.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 March 1993.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
Commission Regulation (EC) No 895/2003
of 22 May 2003
concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 899/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 4 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of common wheat to all third countries, with the exclusion of Hungary, Poland, Estonia, Lithuania and Latvia was opened pursuant to Commission Regulation (EC) No 899/2002(6), as amended by Regulation (EC) No 1520/2002(7).
(2) Article 7 of Regulation (EC) No 1501/95 allows the Commission to decide, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and on the basis of the tenders notified, to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95 a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 16 to 22 May 2003 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 899/2002.
Article 2
This Regulation shall enter into force on 23 May 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 May 2003.
|
[
0,
0,
0,
1,
0,
1,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 1074/2004
of 4 June 2004
laying down transitional measures in the processed fruit and vegetables sector for the application of Commission Regulation (EC) No 1535/2003 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof,
Whereas:
(1)
Transitional measures should be adopted to allow producers and processors in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter the new Member States) to benefit from the provisions of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1).
(2)
According to Articles 10 and 12 of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), certain information concerning tomatoes has to be submitted before 31 March each year. This deadline should be postponed for the new Member States for 2004, the original date being too early to complete the necessary administrative procedures.
(3)
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
By way of derogation from the second paragraph of Article 10 and the second subparagraph of Article 12(2) of Regulation (EC) No 1535/2003, in the case of tomatoes, in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, for the 2004/2005 marketing year, the information referred to in the first paragraph of Article 10 and in Article 12(1) of that Regulation shall be sent at least ten days before deliveries are to commence and by 15 July 2004 at the latest.
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, 4 June 2004.
|
[
0,
0,
0,
0,
0,
1,
0,
0,
0,
0,
0
] |
COUNCIL DIRECTIVE
of 19 December 1974
on the approximation of the laws of the Member States relating to bottles used as measuring containers
(75/107/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty setting up 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 in several Member States the manufacture and testing of bottles used as measuring containers are the subject of mandatory regulations which differ from one Member State to another, thereby hindering trade in this type of bottle; whereas such provisions must therefore be approximated;
Whereas bottles used as measuring containers must have special metrological characteristics and it is necessary for this purpose to specify the maximum errors permissible in their nominal capacity and to define a reference method for checking such errors;
Whereas it is essential that bottles used as measuring containers should, as laid down in the Directive, bear not only an indication of their nominal capacity but also the information required for filling them,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to containers commonly called bottles, made of glass or any other substance having such rigidity and stability that it offers the same metrological guarantees as glass, when such containers:
1.
are stoppered or designed to be stoppered and are intended for the storage, transport or delivery of liquids,
2.
have a nominal capacity of between 0.05 litre and five litres inclusive,
3.
have metrological characteristics (design characteristics and uniformity of manufacture) such that they can be used as measuring containers, i.e. when they are filled up to a specified level or to a specified percentage of their brim capacity their contents can be measured with sufficient accuracy.
These containers shall be called measuring container bottles.
Article 2
Only measuring container bottles which meet the requirements of this Directive may be marked with the EEC sign provided for in the third subparagraph of paragraph 5 of Annex I.
They shall be subject to metrological control under the conditions specified in the Annexes.
Article 3
Member States may not refuse, prohibit or restrict the marketing and use as measuring containers of bottles which satisfy the requirements and tests laid down in this Directive for reasons concerning their volume, the determination of their volume or the methods by which they have been checked.
Article 4
1. Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 19 December 1974.
|
[
0,
1,
0,
0,
0,
0,
0,
0,
0,
0,
0
] |
Commission Decision
of 25 July 2000
concerning the draft national provisions notified by the Kingdom of Belgium concerning the limitations of the marketing and use of organostannic compounds
(notified under document number C(2000) 2016)
(Only the French and Dutch texts are authentic)
(Text with EEA relevance)
(2000/509/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof,
Whereas:
I. FACTS
1. Community Legislation: Directive 1999/51/EC
(1) Council Directive 76/769/EEC(1) of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, as last amended by Commission Directive 1999/77/EC(2) of 26 July 1999, provides for the prohibition and restriction of the use of certain dangerous substances and preparations. Directive 76/769/EEC is regularly amended to include in its Annex additional substances which are dangerous to man or the environment.
(2) Council Directive 89/677/EEC(3) of 21 December 1989, which amends for the eighth time Directive 76/769/EEC, harmonises amongst others the placing on the market and use of organostannic compounds. The provisions concerning organostannic compounds were modified by Commission Directive 1999/51/EC(4) 26 May 1999, which adapts to technical progress for the fifth time Annex I to Directive 76/769/EEC.
(3) Directive 1999/51/EC prohibits the marketing and use of organostannic compounds as substances and constituents of preparations when acting as biocides in free association antifouling paint.
(4) The Directive also prohibits the use of organostannic compounds as substances and constituents of preparations when acting as biocides to prevent the fouling by mircroorganisms, plants or animals of
(a) the hulls of:
- boats of an overall length, as defined by ISO 8666, of less than 25 metres,
- vessels of any length for use predominantly on inland waterways and lakes;
(b) cages, floats, net and any other appliances or equipment used for fish or shellfish farming;
(c) any totally or partly submerged appliance or equipment.
Such substances and preparations:
- may be placed on the market only in packages of a capacity equal to or greater than 20 litres,
- may not be sold to the general public but only to professional users.
(5) Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legible and indelibly marked as follows:
"Not to be used on boats of an overall length of less than 25 metres, or on vessels of any length for use predominantly on inland waterways and lakes, or any appliances or equipment used in fish or shellfish farming.
Restricted to professional users."
(6) The provisions under point 4(a) and the special labelling provisions are applicable to Sweden and Austria from 1 January 2003 and will be reviewed by the Commission in cooperation with Member States and stakeholders before this date.
(7) Furthermore organostannic compounds may not be used as substances and constituents of preparations intended for the use in the treatment of industrial waters.
(8) The Directive thus establishes that organostannic compounds may only be used in antifouling products providing for controlled release of active ingredients for ships of a length of more than 25 m that are not predominately used on inland waterways and lakes. Austria and Sweden are authorised to maintain their existing stricter legislation in view of the specific needs to protect the especially sensitive environments of the Baltic Sea and inland waterways.
(9) The Directive also establishes that the remaining allowed uses are to be reviewed before 1 January 2003. In the second whereas clause, specific reference is made to the developments in the International Maritime Organisation (IMO), which has recognised the risks posed by organostannic compounds. The Marine Environment Protection Committee of the IMP has called for a global prohibition of the application of organostannic compounds which act as biocides in antifouling systems on ships by 1 January 2003.
2. National provisions
(10) Belgium intends to transpose the provisions of Directive 1999/51/EC concerning organostannic compounds by modifying the Royal Decree of 25 February 1996 placing restrictions on the marketing and use of certain dangerous substances and preparations. The existing Article 1(2) will be replaced by a new text containing exactly the same provisions as adopted in the Community Directive.
(11) Belgium also intends, after the implementation of the Directive, to replace as from 1 January 2003 the said Article 1(2) of the Royal Decree of 25 February 1996 by the following provision:
"Organostannic compounds may not be placed on the market for use as substances and constituents of preparations when acting as biocides in antifouling paints."
3. Comparison between the draft national provisions and Directive 1999/51/EC
(12) When comparing the current Community legislation and the draft national provisions which Belgium intends to apply as of 1 January 2003, it emerges that the national measures are more restrictive, as they amount to a total ban on the marketing and use of organostannic compounds in antifouling products.
II. PROCEDURE
(13) Directive 1999/51/EC was adopted on 26 May 1999. Member States had to bring into force the national provisions necessary to comply with the Directive before 29 February 2000 and to apply them from 1 September 2000.
(14) By letter of 21 February 2000, the Belgian Permanent Representative informed the Commission that Belgium would correctly transpose the provisions of Directive 1999/51/EC, but that in accordance with Article 95(5) of the EC Treaty, it was intended to apply stricter measures as of 1 January 2003. Belgium considers it necessary to introduce such national measures to protect the environment against the harmful effects of antifouling paints based on organostannic compounds, on the basis of new scientific evidence. The letter was received on 23 February 2000.
(15) By letter of 23 March 2000, the Commission informed the Belgian authorities that it had received the notification under Article 95(5) and that the six months period for its examination according to Article 95(6) started on 24 February 2000, the day following the one when the notification was received.
III. ASSESSMENT
1. Consideration of admissibility
(16) The notification submitted by the Belgian authorities on 21 February 2000 intends to obtain approval to introduce national provisions incompatible with Directive 1999/51/EC, which constitutes a harmonisation measure adopted on the basis of Article 95 of the EC Treaty.
(17) Article 95(5) of the Treaty reads as follows: "If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to introduce national provisions based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to that Member State arising after the adoption of the harmonisation measure, it shall notify the Commission of the envisaged provisions as well as the grounds for introducing them."
(18) As required by Article 95(5) of the EC Treaty, Belgium notified the Commission of the actual wording of the provisions that are intended to be introduced as of 1 January 2003, accompanying the request by an explanation of the reasons, which, in its opinion, justify the introduction of those provisions.
(19) The Commission, therefore, is of the opinion that the notification submitted by Belgium on 21 February 2000 in order to obtain approval for the introduction of national provisions derogating from the provisions of Directive 1999/51/EC is admissible under Article 95(5) of the EC Treaty.
2. Assessment of merits
(20) In accordance with the provisions of Article 95 of the EC Treaty, the Commission has to ensure that all the conditions enabling a Member State to avail itself of the possibilities of derogation provided for in this article are fulfilled.
(21) The Commission must therefore assess whether the conditions provided for by Article 95(5) of the EC Treaty are met. This requires (a) "new scientific evidence with regard to the protection of the environment or the working environment", (b) which causes the applicant Member State to consider the introduction of national provisions to be necessary "on grounds of a problem specific to that Member State", (c) where the problem concerned arose "after the adoption of the harmonisation measure".
(22) In addition, pursuant to Article 95(6) of the EC Treaty, where it feels that the introduction of such national provisions is justified, the Commission must check whether or not those national provisions are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they constitute an obstacle to the functioning of the internal market.
2.1. Organostannic compounds - general information
(23) Organostannic compounds are a group of substances, which are composed of tin and a variable number of organic groups, which are directly bound to the tin atom. Organostannic compounds are very effective antifouling agents(5) for ships, the most important and effective compounds being tributyltin, TBT, and Bis(tributyltin)oxide TBTO.
(24) Tributyltin compounds are classified according to Council Directive 67/548/EEC of 27 June 1967 relating to the classification, packaging and labelling of dangerous substances(6) as last amended by Directive 99/33/EC(7) as:
- harmful in contact with skin,
- toxic if swallowed,
- irritating to eyes and skin,
- toxic: danger of serious damage to health by prolonged exposure through inhalation and if swallowed,
- very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment.
(25) For an antifoulant to be effective, the active substance must be bioavailable, and hence constantly released to the surrounding environment. As a result of this release to the aquatic environment and the high acute and chronic toxicity of organostannic compounds, damage can result to exposed ecosystems.
(26) TBTO is strongly absorbed to sediment. The principal degradation pathway of TBT is biodegradation to dibutyltin and monobutyltin and eventually tin oxide. The speed of the degradation is strongly influenced by the surrounding matrix, with half-lives in water of two weeks, biota two months, sediment 0,5 to 20 years. TBT shows some bioaccumulation within the environment.
(27) TBT is interfering with the metabolism of exposed organisms (inhibition of enzymes and denaturing of proteins), and the endocrine system of certain snails (imposing the development of male sexual characteristics in females; a phenomenon called imposex).
(28) Risks to the aquatic environment from TBT are well recognised and already in 1989, the first Community measures (Directive 89/677/EEC) were taken to reduce the risks from the use of organostannic compounds in antifouling paints by restricting their use to professional users for ships of a length of more than 25 metres.
(29) A thorough re-evaluation carried out by the Commission in cooperation with the Member States, led to the adoption of Directive 1999/51/EC, which strengthens these protective measures considerably. The Directive bans completely the use of those types of antifouling paints, which are liable to higher and uncontrolled release of organostannic compounds, and the use on boats of any size predominantly employed on inland waterways and lakes. In the course of the review process, the Commission had mandated a study on the matter to an external consultant(8) and, based on that study, requested the opinion of the Scientific Committee of Toxicity, Ecotoxicity, and the Environment (SCTEE), which was adopted on 27 November 1998.
2.2. The position of Belgium
(30) The Belgian authorities take the view that the proposed measure is designed to protect the health of humans and animals as well as the environment, a fact supported by a number of facts, which add to the underlying reasons for Directive 1999/51/EC.
(31) According to them, it was already shown at the time of preparation of Directive 1999/51/EC that the concentration of TBT from antifouling paint used to treat the hulls of boats, on busy shipping lanes and in port areas, reaches a level that is harmful to oysters and dogwhelk, and causes shell thickening and imposex in those organisms. These effects and others illustrate the endocrine-destructive capacity of TBT for some animal species at very low concentrations.
(32) The Belgian authorities acknowledge that because of economic considerations, i.e. the possible consequences of a unilateral European TBT ban for European shipyards with relocation of activities and circumvention of a ban imposed by the European Community, at European level the option for a restricted ban on TBT paint was taken and that, as far as a total ban on TBT was concerned, reference was made to an IMO Decision and the prospect of 1 January 2003.
(33) In their request, the Belgian authorities state that a recent study shows that exposure to TBT in flatfish reduces resistance to infection. These fish live on the seabed and are exposed to relatively high concentrations of TBT.
(34) TBT can also damage the immune system of mammals, such as sea otters, which feed on shellfish which live in an environment contaminated with TBT. The effect on immunity on humans is also a possible consequence of exposure to TBT, which is one of the reasons for the low value of the admissible daily intake (ADI) of 0,25μg/kg/day regarded as possible by the SCTEE. Data on the presence of organostannic compounds in fish, shellfish and crustaceans are limited. The data that are available, however, show that exceeding the ADI of TBT may be the case in people whose eating habits contain a sizeable proportion of fish and shellfish contaminated with TBT, such as mussels. In support of these arguments, the Belgian authorities make reference to a study(9) of June 1999.
(35) It is stated further that an analysis of dredging spoil from Belgian ports showed that the concentration of TBT is over 7 μg/kg, the limit for the marine environment. Samples taken in June 1999 provided readings of more than double this limit.
(36) According to the Belgian authorities, the scientific information available indicates that within two weeks of applying a fresh coating of paint TBT release averages 110 μg TBT/cm2/day, with peaks of up to 1128 μg TBT/cm2/day. The treatment with antifouling paints carried out in Belgian ports is likely to increase the contamination in the port area and the nearby shipping lanes, which helps to explain the high TBT levels in the dredging spoil.
(37) The Belgian authorities also point out that imposex is not limited to dogwhelk but has been noted world-wide in 72 species of marine snails.
(38) It is underlined that at its 43rd meeting from 28 June to 2 July 1999 the Marine Environment Protection Committee of the IMO took further steps to enable the IMO Diplomatic Conference in 2001 to take the decision to ban the use of organostannic compounds in antifouling paint on sea-going vessels from 1 January 2003.
(39) The Belgian authorities also claim that antifouling paints without organostannic compounds and of equal duration and effectiveness are already available. Their cost price, which at present is still considerably higher than the price of paints containing TBT, is expected to drop when production is on a larger scale, as was the case years ago for paint containing TBT.
(40) As the abovementioned damaging effects of TBT contamination of the marine environment were established at a time when TBT had already been banned for some time on boats of less than 25 metres, the Belgian authorities assume that further measures, namely, a total ban on antifouling paints based on organostannic compounds, will be needed in order to counter any further detrimental effects for the environment.
(41) Being close to the ports and one of the busiest shipping lanes, the marine environment off the Belgian coast is particularly exposed to the consequences of TBT production from sea-going vessels. The abundant sediment in that area forms a reservoir from which, protected against rapid degradation, TBT will pose a threat to the aquatic environment many years after the use of TBT has been stopped.
(42) To prevent dredging spoil contaminated with TBT from damaging the environment, it will have to be specially treated, which will mean very high costs for the community. These costs will increase the longer the use of paints based on organostannic compounds continues. In view of these costs economic justification for delaying the total ban of TBT is no longer tenable for Belgium.
(43) The Belgian Government therefore takes the view that the use of antifouling paints should be stopped from 1 January 2003 onwards, the date proposed by the Marine Environment Protection Committee of the IMO.
2.3. Evaluation of the position of Belgium
(44) The material and data submitted by the Belgian authorities in support of their request for application of Article 95(5) is rather limited. In the following their statements and positions will be evaluated in the light of the criteria established in that article.
2.3.1. The burden of proof
(45) It has to be noted that, in the light of the time frame established by Article 95(6), the Commission, when examining whether the draft national measures notified under Article 95(5) are justified, has to take as a basis "the grounds" put forward by the Member State. This means that, according to the provisions of the Treaty, the responsibility of proving that these measures are justified, lays on the requesting Member State. Given the procedural framework established by Article 95, including in particular a strict six months deadline for a Decision to be adopted, the Commission normally has to limit itself to examining the relevance of the elements which are submitted by the requesting Member State, without having to seek itself possible reasons of justification.
(46) If the elements submitted by the requesting Member State are not sufficient to enable the Commission to assess whether the conditions of Article 95(5) are fulfilled and the Commission therefore rejects the draft national measures, the Member State is not precluded from notifying its request again and substantiating it with all additional and/or new elements, which are necessary to establish whether or not the conditions of Article 95(5) are fulfilled.
2.3.2. New scientific evidence concerning the protection of the environment or the working environment regarding a problem specific to the Member State arising after the adoption of the harmonisation measure
(47) The arguments put forward by the Belgian authorities do relate to the protection of the environment. However, the Belgian authorities acknowledge themselves that a very large amount of information on the environmental effects of TBT and other organostannic compounds was already known and taken into account in the preparation of Directive 1999/51/EC. This applies particularly to the work of the IMO, which is specifically mentioned in the second recital of Directive 1999/51/EC. In fact, it is clearly stipulated there that the development of the work and the decisions taken in the IMO will be fully taken into account during the revision of the Directive which will be made before 1 January 2003.
(48) The Belgian authorities claim that a recent study has shown that exposure to TBT in flatfish reduces resistance to infection. No further information is provided, neither the text of the study, nor a reference. It is therefore not possible to verify whether this information did indeed occur or become known only after the adoption of Directive 1999/51/EC.
(49) Effects on human health, specifically due to exposure in the working environment, have been assessed both in the study mandated by the Commission and the opinion of the SCTEE during the preparation of Directive 1999/51/EC. It is therefore unclear whether the information provided by the Belgian authorities based on a study from June 1999(10) to which reference is made (but the text is not provided) constitutes new evidence in the sense of Article 95(5). In particular, the information relates to daily intake of TBT through food, and therefore is not linked to the protection of humans in the working environment.
(50) The Belgian authorities claim that samples of dredging spoil taken from Belgian ports in June 1999 showed that the concentration of TBT was more than twice the level of 7μg/kg. No further details are provided. Although these data were measured at a time, when Directive 1999/51/EC was already adopted, they do not per se constitute new information. In fact, the study mandated by the Commission in the review of the Community legislation gives examples of various ports around the world (Hong Kong, France, New Zealand, The Netherlands), dating from 1989 to 1995 showing TBT concentrations in harbour sediments from 10 to 2100 μg/kg. This clearly shows that neither the levels of TBT found in sediments in Belgian ports are of a kind not already known when the Directive was prepared, nor are they unique for Belgium. The problem seems, however, to be specific for Member States, where busy ports are located.
(51) The Belgian authorities point out that after application of TBT paint in dockyards (which is done in Belgian ports), there are specifically high releases of TBT from the fresh paint, which is one of the reasons why the levels of TBT in harbour sediments are elevated. No specific data for Belgium, nor the timing when the data became available are provided. On the other hand, the effect that there are specifically high releases of biocides (including TBT) from fresh antifouling paint was already well known when Directive 1999/51/EC was prepared and is specifically documented in the study mandated by the Commission(11). Furthermore the argument is applicable to any port in the world where drydock work involving antifouling painting is carried out.
(52) The remaining arguments from the Belgian authorities (see above) give rise to the following comments. The study mandated by the Commission does already acknowledge that imposex is not limited to dogwhelk and occurs in a number of other marine snails. However, the dogwhelk is the most sensitive species. The objective of the actions taken by the Marine Environment Protection Committee of the IMO at its meeting from 28 June to 2 July 1999, namely to enable the IMO Diplomatic Conference to ban the use of organostannic compounds in antifouling paints on sea-going vessels from 1 January 2003, was already known at the time when Directive 1999/51/EC was adopted and is specifically mentioned in the recitals. The fact that alternative paints without organostannic compounds are available and will become less expensive is not relevant in the justification of the Belgian request.
(53) Lastly the Belgian authorities state that being close to the ports and one of the biggest shipping lanes, the marine environment off the Belgian coast is particularly exposed to the consequences of TBT production from sea-going vessels. To prevent damage to the environment, the sediments will have to be dredged and decontaminated, which will entail high economic costs. No further data, neither on the actual contamination along the Belgian coastline, nor on the economic costs of decontamination are provided. The study mandated by the Commission is well aware of the fact that coast-lines close to major ports and busy shipping lanes are environments at high risk. The example of the Netherlands' coast line is presented in detail. However, the data from the Netherlands indicate that the contamination of the coast line is more due to the effluents and dumping of dredged spoil from busy ports than from the fact that busy shipping lanes are close by.
(54) Overall it can be seen that the data and justification submitted by the Belgian authorities in support of their request for Article 95(5) do not allow to conclude that the draft national measures are based on new scientific evidence relating to the protection of the environment or the working environment on grounds of a problem specific to Belgium arising after the adoption of the harmonisation measure. The conditions of Article 95(5), therefore are not fulfilled.
(55) Given these results of the analysis of the submitted material, there is no basis to consult the other Member States, interested groups or request a new opinion of the SCTEE.
2.4. Absence of arbitrary discrimination/disguised restriction of trade/obstacle to the functioning of the internal market
(56) Under Article 95(6), the Commission will either approve or reject the draft national provisions notified "after having verified whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market".
(57) Since the request made by Belgium does not fulfill the basic conditions set out in Article 95(5) (see point 2.3), the Commission is not obliged to verify whether or not the draft national provisions are a means of arbitrary discrimination or disguised restriction on trade between Member States, and whether or not they constitute an obstacle to the functioning of the internal market.
IV. CONCLUSION
(58) In the light of the above considerations, the Commission is of the opinion that the request by Belgium for introducing national legislation derogating from the provisions of Directive 1999/51/EC with regards to organostannic compounds as submitted on 21 February 2000:
- is admissible,
- but does not fulfill the conditions established by Article 95(5).
(59) The Commission therefore concludes by rejecting that request in accordance with Article 95(6) of the Treaty,
HAS ADOPTED THIS DECISION:
Article 1
The draft national provisions concerning organostannic compounds, which the Kingdom of Belgium notified to the Commission by letter dated 21 February 2000, and which intend to derogate from Directive 1999/51/EC as of 1 January 2003, are hereby rejected.
Article 2
This Decision is addressed to the Kingdom of Belgium.
Done at Brussels, 25 July 2000.
|
[
0,
0,
1,
0,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION DIRECTIVE 2007/56/EC
of 17 September 2007
amending certain Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards maximum residue levels for azoxystrobin, chlorothalonil, deltamethrin, hexachlorobenzene, ioxynil, oxamyl and quinoxyfen
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 10 thereof,
Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (2), and in particular Article 10 thereof,
Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (3), and in particular Article 7 thereof,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (4), and in particular Article 4(1)(f) thereof,
Whereas:
(1)
In accordance with Directive 91/414/EEC, authorisations of plant protection products for use on specific crops are the responsibility of the Member States. Such authorisations have to be based on the evaluation of effects on human and animal health and influence on the environment. Elements to be taken into account in such evaluations include operator and bystander exposure and impact on the terrestrial, aquatic and aerial environments, as well as impact on humans and animals through consumption of residues on treated crops.
(2)
Maximum residue levels (MRLs) reflect the use of minimum quantities of pesticides to achieve effective protection of plants, applied in such a manner that the amount of residue is the smallest practicable and is toxicologically acceptable, in particular in terms of estimated dietary intake.
(3)
MRLs for pesticides covered by Directive 90/642/EEC are to be kept under review and may be modified to take account of new or changed uses. Information about new or changed uses has been communicated to the Commission which should lead to changes in the residue levels of azoxystrobin, chlorothalonil, ioxynil and quinoxyfen.
(4)
For hexachlorobenzene information has been communicated to the Commission that this pesticide, due to environmental contamination, can occur in pumpkin seed, a commodity that is consumed as a food in several Member States, at levels higher than the limit of analytical determination. The insertion of ‘pumpkin seed’ in Annex I to Directive 90/642/EEC and setting of MRLs for pumpkin seed are therefore necessary to protect consumers from excess hexachlorobenzene residues.
(5)
For oxamyl temporary MRLs have been set in Directive 90/642/EEC by Commission Directive 2006/59/EC (5), pending submission of trial data. Trial data for oxamyl have been consequently submitted and evaluated. As a result, the temporary MRLs for oxamyl can be confirmed.
(6)
For deltamethrin also temporary MRLs have been set in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC by Directive 2006/59/EC, pending review of the Annex III dossier under Directive 91/414/EEC and re-registration of deltamethrin formulations at Member State level. Upon further examination, it appeared that more time should be allowed to ensure proper consideration of the uses of deltamethrin authorised at Member State level. It is therefore appropriate to prolong the validity of the temporary MRLs for deltamethrin.
(7)
The lifetime exposure of consumers to those pesticides via food products that may contain residues of those pesticides has been assessed and evaluated in accordance with the procedures and practices used within the Community, taking account of guidelines published by the World Health Organisation (6). Based on those assessments and evaluations, the MRLs for those pesticides should be set so as to ensure that the acceptable daily intake is not exceeded.
(8)
In the case of chlorothalonil and ioxynil, for which an acute reference dose (ARfD) exists, the acute exposure of consumers via each of the food products that may contain residues of these pesticides has been assessed and evaluated in accordance with the procedures and practices currently used within the Community, taking account of guidelines published by the World Health Organisation. The opinions of the Scientific Committee on Plants (SCP), in particular advice and recommendations concerning the protection of consumers of food products treated with pesticides (7), have been taken into account. Based on the dietary intake assessment, the MRLs for those pesticides should be fixed so as to ensure that the ARfD will not be exceeded. In the case of the other substances, an assessment of the available information has shown that no ARfD is required and that therefore a short-term assessment is not needed.
(9)
Where authorised uses of plant protection products do not result in detectable levels of pesticide residues in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported with such necessary data, MRLs should be fixed at the lower limit of analytical determination.
(10)
The setting or modification at Community level of provisional MRLs does not prevent the Member States from establishing provisional MRLs for ioxynil and quinoxyfen in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI to that Directive. It is considered that a period of four years is sufficient to permit further uses of these substances. The provisional Community MRLs should then become definitive.
(11)
It is therefore necessary to modify the MRLs set out in Directives 86/362/EEC, 86/363/EEC and 90/642/EEC, to allow proper surveillance and control of the uses of the plant protection products concerned and to protect the consumer. Where MRLs have already been defined in the Annexes to those Directives, it is appropriate to amend them. Where MRLs have not yet been defined, it is appropriate to set them for the first time.
(12)
Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.
(13)
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
Directive 86/362/EEC is amended in accordance with Annex I to this Directive.
Article 2
Directive 86/363/EEC is amended in accordance with Annex II to this Directive.
Article 3
Directive 90/642/EEC is amended as follows:
1.
in Annex I, in group ‘4 Oilseeds’, the entry ‘Pumpkin seed’ is added.
2.
Annex II is amended in accordance with Annex III to this Directive.
Article 4
Member States shall adopt and publish, by 18 December 2007 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 19 December 2007.
When Member States adopt those provisions they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 5
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 17 September 2007.
|
[
0,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION DECISION of 29 March 1979 on the refusal to accept the scientific character of an apparatus described as "Nikon mask alignment microscope" (79/392/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),
Having regard to Commission Regulation (EEC) No 3195/75 of 2 December 1975 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (2), and in particular Articles 4 and 5 thereof,
Whereas, by letter dated 26 September 1978, the United Kingdom Government requested the Commission to invoke the procedure laid down in Articles 4 and 5 of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as "Nikon mask alignment microscope", used in research into guided optical waves for communication purposes should be considered as a scientific apparatus and, if 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 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all the Member States met on 7 February 1979 within the Committee on Duty-Free Arrangements to examine this particular case;
Whereas this examination shows that the apparatus in question is a microscope of rather simple conception which is used mainly for the manufacture of integrated circuits ; whereas in itself it does not have objective scientific characteristics making it specially suited to pure scientific research ; whereas its use in this particular case cannot in itself give it the character of a scientific apparatus specially suited to pure scientific research ; whereas it cannot therefore be regarded as a scientific apparatus,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Nikon mask alignment microscope" is not considered to be a scientific apparatus.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 March 1979.
|
[
0,
1,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COUNCIL REGULATION (EC) No 1421/2004
of 19 July 2004
amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
Regulation (EC) No 2792/1999 (2) lays down provisions relating to the protection and development of aquatic resources and to the development of the Community aquaculture sector.
(2)
Community legislation establishes the possibility of supplementary aid for scrapping when a recovery plan is applicable. In such a case, or where emergency measures adopted by the Commission or Member States are liable to have similar effects, aid for crew members who are forced to give up fishing owing to the plan or the measures should also be increased. The same should be applicable to crew members who lose their jobs, without the vessel being scrapped, owing to the adoption of a recovery plan or emergency measures.
(3)
The Commission issued on 19 September 2002 a communication to the European Parliament and the Council on a strategy for the sustainable development of European aquaculture. The implementation of the strategy involves the need to amend Regulation (EC) No 2792/1999.
(4)
The protection and development of aquatic resources do not exclusively concern measures taken at sea, but also, and in particular for anadromous and catadromous species in inland waters. In this respect, the rehabilitation and re-opening of migration routes and spawning areas is of particular importance.
(5)
Any increase in production in excess of the likely evolution in demand should not be encouraged. Better marketing strategies have to be implemented, but reliable statistics on fish consumption are often lacking, as is economic analysis on markets and marketing of aquaculture products.
(6)
Harmful algae blooms are among the most serious threats for the future of shellfish farming in Europe. Sometimes a bloom can last for exceptionally long periods or occur during a period of concentrated sales and compensation for the shellfish farmers affected may be justified, except in the case of recurring phenomena.
(7)
Enlarging the knowledge base of the industry encompasses all the aspects of farming and is paramount for aquaculture. Due to the inadequacy of the funds allocated for this purpose, it is essential to further encourage applied research and technological development in aquaculture, by expanding the opportunities for its public financing and promoting private initiative in this area.
(8)
Aquaculture enterprises should be encouraged to improve their environmental performance and to develop voluntarily initiatives that go beyond the minimum legal requirements in terms of environmental protection.
(9)
In order to enable public aid for aquaculture service vessels to be maintained, it is necessary to establish a clear distinction between those vessels and fishing vessels as defined in Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (3), since some fishing vessels may be exclusively used in aquaculture but could possibly revert to fishing activity.
(10)
To encourage permanent reduction in fishing effort where a recovery plan is adopted by the Council or emergency measures are adopted by the Commission or Member States, reimbursement of aid previously received by vessels affected by the plan or the measures should not be required.
(11)
Where a vessel has to replace fishing gear in the event of a recovery plan, it should be possible to consider the first replacement of fishing gear as eligible expenditure.
(12)
Community vessels may be required to use acoustic deterrent devices in certain fisheries to reduce incidental capture and killing of cetaceans. The cost to comply with such an obligation should be eligible to vessel modernisation aid.
(13)
The intervention by public authorities in favour of aquaculture from the late 1970s has stimulated production growth, but nowadays the situation has changed and overproduction is a threat for some branches. Consequently, new priorities within the aquaculture measures in the Financial Instrument for Fisheries Guidance Programmes should be set and in certain cases the rate of aid should be reduced.
(14)
Some forms of finfish farming may have an ecologically beneficial role, as a way to associate an economic activity with the conservation or development of wetlands. In such circumstances an increase in public support is justified.
(15)
Regulation (EC) No 2792/1999 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2792/1999 is hereby amended as follows:
1.
In Article 10(3), point (a) is replaced by the following:
‘(a)
expenditure on equipment and modernisation shall not be eligible for aid for five years following the grant of public aid for the construction of the vessel concerned except for equipment in vessel monitoring systems or in acoustic deterrent devices.’
2.
In Article 12(3), the following point is added:
‘(e)
in the event that a recovery plan is adopted by the Council or where special or emergency measures are adopted by the Commission or by one or more Member States, the maximum amounts of aid referred to in points (b) and (c) may be increased by 20 %. Furthermore, the requirement that the vessel on which the crew members were employed must have permanently stopped its activities, as laid down in point (b), shall not apply.’
3.
In Article 12(4), point (c) is replaced by the following:
‘(c)
that the compensation referred to in paragraph 3(b) or 3(e) is refunded on a pro rata temporis basis where the beneficiaries return to their work as fishermen within a period of less than one year after being paid the compensation.’
4.
In Article 13(1), point (a) is replaced by the following:
‘(a)
works aimed at the protection and development of aquatic resources, including freshwater resources, except restocking;’
5.
In Article 15(3), point (n) is replaced by the following:
‘(n)
improvement of knowledge and transparency in production and in the market, including statistics and economic analysis.’
6.
Article 16 is amended as follows:
(a)
the following paragraph is inserted:
‘1a. The Member States may grant financial compensation to shellfish farmers where the contamination in the shellfish due to the growth of toxin-producing plankton or the presence of plankton containing marine biotoxins makes it necessary, for the protection of human health, to suspend harvesting for more than four consecutive months or, where the losses incurred as a result of the suspension of harvesting during a period of concentrated sales, represents in excess of 35 % of the annual turnover of the enterprise concerned, calculated on the basis of the average turnover of that enterprise over the previous three years. The granting of compensation may cover no more than six months of suspension of harvesting over the entire period from the entry in force of Council Regulation (EC) No 1421/2004 of 19 July 2004 amending Regulation (EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (4) to the end of 2006.
(4) OJ L 260, 6.8.2004, p. 1.’"
(b)
in paragraph 3, the first subparagraph is replaced by the following:
‘The financial contribution from the FIFG to the measures referred to in paragraphs 1, 1a and 2 per Member State for the entire period from 2000 to 2006 may not exceed the higher of the following two thresholds: EUR 1 million or 4 % of the Community financial assistance allocated to the sector in the Member State concerned.’
(c)
in paragraph 3, the following subparagraph is added:
‘Where a recovery plan is adopted by the Council or emergency measures are adopted by the Commission or by one or more Member States, Article 10(3)(b)(ii) shall not apply.’
(d)
paragraph 4 is replaced by the following:
‘4. Recurrent seasonal suspension of fishing and aquaculture activity shall not be eligible for compensation under paragraphs 1, 1a, 2 and 3.’
7.
In Article 17(2), the following subparagraph is added:
‘Small-scale, applied-research initiatives, not exceeding EUR 150 000 in total cost and three years in duration, carried out by an economic operator, a scientific or technical body, a representative professional organisation or other competent body, shall be eligible as pilot projects, provided that they contribute to the objectives of sustainable development of the aquaculture industry in the Community.’
8.
Annex III is amended as follows:
(a)
point 1.4(a) is replaced by the following:
‘(a)
Vessels must have been registered in the fishing vessels register of the Community for at least five years, except for equipment in vessel monitoring systems or in acoustic deterrent devices. Changes in vessel characteristics must be communicated to this register and the vessels must be measured in accordance with Community provisions, when they are modernised.’
(b)
point 1.4(b) is amended as follows:
-
subparagraph (iii) is amended as follows:
‘(iii)
improvement of working and safety conditions, and/or’
-
the following subparagraph is added:
‘(iv)
the purchase of acoustic deterrent devices for the purpose of Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries (5).
-
the last subparagraph is replaced as follows:
‘Without prejudice to Article 16(2), the replacement of fishing gear shall not be considered eligible expenditure, except if the vessel is subject to a recovery plan and is required to end its participation in the fishery concerned and fish for other species with different fishing gear. In this case, the Commission may decide that the first replacement of fishing gear, where fishing possibilities are significantly reduced by a recovery plan, may be considered as eligible expenditure.’
(c)
the first sentence of point 2.1 is replaced by the following:
‘Expenditure eligible for assistance from the FIFG may concern the installation of fixed or movable facilities to protect and develop aquatic resources, the rehabilitation of rivers and lakes, including spawning areas and the facilitation of migration up and downstream for migratory species and the scientific monitoring of projects.’
(d)
point 2.2. is replaced by the following:
‘2.2. Aquaculture
(a)
For the purposes of this Regulation,
“aquaculture” means the rearing or culture of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment; the organisms remain the property of a natural or legal person throughout the rearing or culture stage, up to and including harvesting;
(b)
the promoters of intensive fish-farming projects shall forward the information provided for in Annex IV to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (6) to the management authority together with their application for public aid. The management authority shall decide whether the project must be submitted for assessment pursuant to Articles 5 to 10 of that Directive. Where public aid is granted the cost of collecting information on environmental impact and any assessment costs shall be eligible for assistance from the FIFG;
(c)
the initial costs incurred by aquaculture enterprises to join in the Community eco-management and audit schemes set up by Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (7), as well as investments in works concerning the installation or improvement of water circulation in aquaculture enterprises and on service vessels shall be eligible;
(d)
fishing vessels as defined in Article 3(c) of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (8) will not be considered as service vessels even when they are exclusively used in aquaculture;
(e)
within the measures related to aquaculture in the FIFG Programmes, priority shall be given to:
(i)
the development of techniques that substantially reduce environmental impacts;
(ii)
the improvement of traditional aquaculture activities that are important in maintaining the social and environmental tissue of specific areas;
(iii)
the modernisation of existing enterprises;
(iv)
measures intended to benefit aquaculture falling under the scope of Articles 14 and 15 of this Regulation;
(v)
farmed species diversification;
(f)
By way of derogation from the column for Group 3 in Table 3 in point 2 of Annex IV, and without prejudice to the rates of contribution for the outermost regions, the following rates of contribution shall apply:
(i)
for investments concerning the use of techniques that substantially reduce environmental impact, or concerning finfish farming projects that have a beneficial impact on the environment, the contribution of private beneficiaries (C) shall be at least 30 % of eligible expenditure in Objective 1 regions and at least 50 % in other areas. The assessment of environmental benefits shall be carried out at charge of the promoter and verified by the management authority. Where public aid is granted, assessment costs shall be eligible for assistance from the FIFG;
(ii)
for investments concerning the construction of new intensive finfish farms not included in the priorities listed in point (e), the contribution of private beneficiaries (C) shall be at least 50 % of eligible expenditure in Objective 1 regions and at least 70 % in other areas.
(6) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17)."
(7) OJ L 114, 24.4.2001, p. 1. Regulation as amended by the 2003 Act of Accession."
(8) OJ L 358, 31.12.2002, p. 59.’"
Article 2
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2004.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
Commission Regulation (EC) No 695/2004
of 15 April 2004
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 16 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 April 2004.
|
[
0,
0,
1,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 1512/2007
of 19 December 2007
on the issuing of import licences for applications lodged during the first seven days of December 2007 under the tariff quota opened by Regulation (EC) No 1384/2007 for poultrymeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1),
Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
Having regard to Commission Regulation (EC) No 1384/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards the opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel (3), and in particular Article 5(5) thereof,
Whereas:
(1)
The applications for import licences lodged (under the quota bearing the serial number 09.4092) during the first seven days of December 2007 for the subperiod 1 January to 31 March 2008 relate to quantities exceeding those available. The quantities for which licences may be issued should therefore be determined by setting the allocation coefficient by which the quantities applied for are to be multiplied.
(2)
The applications for import licences lodged (under the quota bearing the serial number 09.4091) during the first seven days of December 2007 for the subperiod 1 January to 31 March 2008 do not cover the total quantities available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod,
HAS ADOPTED THIS REGULATION:
Article 1
1. The quantities for which import licence applications have been lodged for the subperiod 1 January to 31 March 2008 under Regulation (EC) No 1384/2007 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.
2. The quantities for which applications have not been lodged, to be added to the quantity fixed for the subperiod 1 April to 30 June 2008, shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 20 December 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2007.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 2384/95 of 11 October 1995 fixing the coefficients applicable to cereals exported in the form of Scotch whisky for the period 1995/96
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (1), as amended by Regulation (EC) No 3098/94 (2), and in particular Article 5 thereof,
Whereas Article 4 (1) of Regulation (EEC) No 2825/93 provides that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned; whereas that coefficient expresses the ratio between the total quantities exported and the total quantities marketed of the spirituous beverage concerned on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirituous beverage in question; whereas, in view of the information provided by the United Kingdom on the period 1 January to 31 December 1994, the average ageing period in 1994 was eight years for Scotch whisky; whereas the coefficients for the period 1 July 1995 to 30 June 1996 should be fixed;
Whereas Article 10 of Protocol 3 to the Agreement on the European Economic Area (3) precludes the grant of refunds for exports to Liechtenstein, Iceland and Norway; whereas, therefore, pursuant to Article 7 (2) of Regulation (EEC) No 2825/93, account should be taken of this in the calculation of the coefficient for 1995/96;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For the period 1 July 1995 to 30 June 1996, the coefficients provided for in Article 4 of Regulation (EEC) No 2825/93 applying to cereals used in the United Kingdom for manufacturing Scotch whisky shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 October 1995.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 836/2009
of 14 September 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 15 September 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 September 2009.
|
[
0,
0,
1,
0,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 984/2006
of 29 June 2006
fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in the sugar sector (1), and in particular Article 27(5)(a) and (15) thereof,
Whereas:
(1)
Article 27(1) and (2) of Regulation (EC) No 1260/2001 provides that the differences between the prices in international trade for the products listed in Article 1(1)(a), (c), (d), (f), (g) and (h) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex V to that Regulation.
(2)
Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds, 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 V to Regulation (EC) No 1260/2001.
(3)
In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.
(4)
Article 27(3) of Regulation (EC) No 1260/2001 lays down that the export refund for a product contained in goods may not exceed the refund applicable to that product when exported without further processing.
(5)
The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment.
(6)
The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1(1) and (2) of Regulation (EC) No 1260/2001, and exported in the form of goods listed in Annex V to Regulation (EC) No 1260/2001, shall be fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 30 June 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 2006.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION DECISION of 14 December 1998 relating to a proceeding under Article 85 of the EC Treaty (IV/35.280 - Sicasov) (notified under document number C(1998) 3452) (Only the French text is authentic) (1999/6/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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, 4 and 8 thereof,
Having regard to the request for negative clearance and the notification submitted on 26 October 1994 by Sicasov (Société coopérative d'intérêt collectif agricole anonyme a capital variable) Paris, France in respect of standard licensing agreements for the production and sale of seeds,
Having regard to the summary of that notification, published (2) pursuant to Article 19(3) of Regulation No 17,
Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions,
Whereas:
I. THE FACTS
A. THE UNDERTAKINGS
(a) Sicasov
(1) Sicasov groups together the breeders of plant varieties protected in France. No member of Sicasov may hold more than 10 % of the share capital or 10 % of the voting rights. Sicasov's objects are as follows:
- to take over, under an exclusive or non-exclusive licence, the plant varieties entrusted to it by its members, and all incorporeal rights relating to agriculture and the agri-foodstuffs industry,
- to make new or improved plant material available, under the best technical and economic conditions, to farmers and the agri-foodstuffs industry,
- to grant licences or sub-licences allowing breeders' plant varieties to be produced, multiplied and marketed under its supervision,
- to ensure that varieties are maintained (that is, to attend to the protection of technical material of generations preceding the generation intended for sale to the end user) and take the necessary steps to avoid a shortage,
- to arrange for joint research to be carried out into the new genetic material,
- to encourage plant breeding and to promote and attend to the dissemination of plant material.
(2) In particular, Sicasov's role is to manage plant varieties entrusted to it by breeders (or their assignees). Accordingly, breeders (or their assignees) may either:
(a) give Sicasov the right to grant non-exclusive multiplication and sales licences; or
(b) give Sicasov an exclusive production and sales concession allowing Sicasov to grant non-exclusive multiplication and sales sub-licences.
The agreements between breeders and Sicasov are outside the scope of this Decision.
Managing breeders' plant varieties entails in particular concluding seed-production and sales contracts with multipliers under which Sicasov receives fees which it then transfers to the breeders after deducting its administration costs. It is these contracts, which have been notified, which are the subject of this Decision (see points 37 to 42).
(3) Until 1993 the management of plant varieties in France was entrusted to Sicasov and to the Caisse de gestion des licences végétales, hereinafter referred to as 'CGLV`.
On 1 January 1994 Sicasov took over CGLV in a full merger and is now the only company in France which manages breeders' rights; former Sicasov and CGLV members are now all members of Sicasov.
(4) Sicasov manages, on behalf of numerous French and foreign plant breeders, about 2 600 varieties belonging to about 50 genera. Practically every plant variety that can be produced under contract is produced via Sicasov. The management group concludes a total of about 9 500 licensing contracts each year with about 6 000 French and 2 500 foreign firms.
(b) Plant breeders
(5) Plant breeders are entities, whether private or public, that conduct research aimed at creating new plant varieties able to meet the criteria giving entitlement to plant variety rights.
Plant breeders consist, in the first instance, of family firms, which have a long-standing tradition of plant-breeding and vary considerably in size, and of a number of agricultural cooperatives. Secondly, there are large firms which, in recent years, have become involved in plant-breeding activities (particularly, undertakings which were already present in the chemicals sector). Finally, mention should also be made of public bodies carrying out agricultural research (such as the Institut national des recherches agronomiques, hereinafter 'INRA`, schools of agronomy and universities), both in France and elsewhere.
Each plant breeder has a 'portfolio` of several varieties, one or more of which can be very competitive indeed.
(6) New varieties can be multiplied by the breeders themselves but, since the latter are very often unable to keep pace with demand, they entrust multiplication to a multiplying firm (see point 7) in order to obtain sufficient quantities of seeds which will be sold to farmers for their annual sowings. Being a plant breeder entails certain rights and obligations, which will be examined at points 11 to 36.
(c) Multipliers
(7) Seed production is carried out by multipliers, known also as seed producers (hereinafter referred to as 'multipliers`). They must hold a permit to carry on the business, and before they can produce certified seed they must undergo inspection by administrative bodies established for that purpose (see point 32). For multiplication of a new variety they must apply to Sicasov for a licence in respect of that variety.
There are currently about 6 000 multipliers in France.
(8) Multipliers frequently have access to a network of farmers who are given seeds for multiplication. The seed produced is then purchased by the multiplier, who undertakes certification and sale. The relationship between multiplier and multiplying farmer is governed by a standard contract drawn up by the Service officiel de contrôle (hereinafter 'SOC`) and approved by the Ministry of Agriculture.
(9) These multiplying farmers must not be confused with farmers who use seed for the purpose of sowing rather than for obtaining additional seed, and who are thus comparable with end-users.
B. THE PRODUCTS
(10) The products relevant to this Decision are seeds and seedlings belonging to the following species or groups of species: cereals, fodder plants, high-protein products, maize, sorghum, vegetables, oil and fibre plants, and potatoes. For the purposes of this case, seed and seedlings will be jointly referred to as 'seed`.
C. THE PROTECTION AFFORDED BY PLANT-BREEDING LAW
(a) Community provisions
(11) Most Member States have schemes which give legal protection to plant varieties. These schemes have not, however, been harmonised at Community level and continue to be governed by national laws.
On 27 July 1994, in the light of that situation, the Council adopted Regulation (EC) No 2100/94 on Community plant-variety rights (3), as amended by Regulation (EC) No 2506/95 (4). The system is without prejudice to the right of Member States to grant national property rights for plant varieties (subject to a ban on cumulative protection). Since 1 April 1995 it has been possible to file applications for Community plant-variety rights.
(12) In order to be eligible for Community plant-variety rights, varieties must be distinct, uniform, stable and new. Holders have exclusive rights in respect of the following: (a) production or reproduction (multiplication); (b) conditioning for the purpose of propagation; (c) offering for sale; (d) selling or other marketing; (e) exporting from the Community; (f) importing into the Community; (g) stocking for any of the purposes referred to in (a) to (f).
(13) Community plant-variety rights last 25 years (30 years in the case of vines and trees).
(b) French provisions
(14) In France the guiding principles for legal protection of new plant varieties are those of the International Convention for the Protection of New Varieties of Plants ('the UPOV Convention`), signed in Paris on 2 December 1961.
Law No 70-489 of 11 June 1970 provides that any new, uniform and stable plant variety may be the subject of a 'new variety certificate` (certificat d'obtention végétale), which confers on its holder the exclusive right to produce, to bring into France, to sell or offer for sale any material for the reproduction or vegetative propagation of the variety in question.
(15) The Law states that the exclusive right is to last 20 years from the date of issue of the certificate, or 25 years if the species takes a long time to form its reproductive material. Decree No 71-75 of 9 September 1971 lists the species for which the right lasts, variously, for 20 or 25 years.
(16) On the subject of ownership and transfer of new plant rights, the Law refers to the rules generally applicable to patents. New plant rights (both property and usufruct) can therefore be transferred as freely as those of patent holders.
D. THE REGULATION OF SEED PRODUCTION AND MARKETING
(17) In France, seed production, inspection and certification are covered by detailed rules which correspond to the requirements laid down by the Community.
(a) Community provisions
(18) Several Community directives provide for the detailed supervision of the production and marketing of seed within the Community in order to ensure their free movement. The directives are aimed at making the cultivation of the various plant species more productive by requiring that, when choosing varieties that may be marketed, Member States apply rules that are uniform and as strict as possible. Accordingly, the directives establish a unified certification scheme for the Community, its purpose being to guarantee, by means of official monitoring, the identity and purity of varieties. It covers both sales on domestic markets and trade between the Member States. Seed cannot be marketed unless it has been officially examined and certified by a public agency belonging to one of the Member States.
(19) Directives have thus far been adopted for the marketing of seed of the majority of plant species: cereals, beet, fodder plants, potatoes, oil and fibre plants, etc.
In addition, Council Directive 70/457/EEC (5), as last amended by the Act of Accession of Austria, Finland and Sweden, introduced a common catalogue of varieties of agricultural plant species.
(20) The directives lay down, for each plant species, the conditions which seeds must satisfy in order to be marketed. In particular, they specify the minimum conditions of varietal purity and uniformity and the conditions under which they are to be grown. Moreover, Community rules have been introduced regarding packing, sampling, sealing and marking.
(i) Basic and certified seed
(21) On the basis of existing international terminology, the Community directives on seed marketing draw a distinction between 'basic seed` and 'certified seed`.
(22) 'Basic seed` is seed which:
- has been produced under the responsibility of the breeder according to well-defined practices for the maintenance of the variety,
- is intended for the production of certified seed,
- satisfies the conditions laid down by the directive as regards cultivation, uniformity and varietal purity,
- has been found by official examination to satisfy the abovementioned conditions.
Thus basic seed is not seed intended for sale (whether direct or via cooperatives or the trade) to farmers, but seed intended solely for producing additional seed of a later generation. It can, as it were, be compared to intermediate industrial machinery. In this connection, however, it should be emphasised that from a legal point of view there is nothing to prevent a breeder from using basic seed for sowing or from selling it to farmers so that they can use it for sowing (or from allowing licence holders to do so). Such an occurrence will be extremely rare, however, given that basic seed is fairly valuable and that its use for sowing would therefore prove uneconomic.
(23) 'Certified seed` is seed which:
- is of direct descent from basic seed,
- is intended for purposes other than the production of seed (that is to say, intended for direct or indirect sale to farmers for sowing),
- satisfies the conditions laid down by the Directive as regards cultivation, uniformity and varietal purity,
- has been found by official examination to satisfy the abovementioned conditions.
Certified seed cannot lawfully be used to produce seed of a later generation. Seed produced from certified seed cannot itself be certified and cannot, therefore, be marketed. Consequently, certified seed must be used only for sowing or for sale (direct or via cooperatives or the trade) to farmers, who in turn will use it for sowing. Certified seed is thus often referred to as 'commercial seed` or 'seed in free circulation` and is to some extent comparable to a finished industrial product covered by a patent.
(24) The situation is, however, more complex in the case of certain species (such as oats, barley, rice, wheat and spelt) where, under Community directives, both first-generation and second-generation certified seed are allowed. Community directives give the following definitions:
(a) 'first-generation certified seed` is seed which:
- has been produced direct from basic seed,
- is intended either for the production of second-generation certified seed or for purposes other than seed production (that is, for direct or indirect sale to farmers for sowing),
- satisfies the conditions laid down by the directive as regards cultivation, uniformity and varietal purity,
- has been found by official examination to satisfy the abovementioned conditions;
(b) 'second generation certified seed` is seed which:
- has been produced direct from first generation certified seed,
- is intended for purposes other than seed production (that is, for direct or indirect sale to farmers for sowing),
- satisfies the conditions laid down by the Directive,
- has been found by official examination to satisfy the abovementioned conditions.
Certain directives allow even third-generation certified seed.
(25) Thus, first-generation certified seed can be used for two purposes, either: (a) production of other certified seed; or (b) sowing. The first purpose is identical to that served by the basic seed referred to at point 22 (thereby making first-generation certified seed comparable to intermediate machinery). The second purpose, however, is to provide commercial seed for crop production (by virtue of which the seed can be compared to a finished industrial product). It is above all for the breeder (or his licence holder) to decide for what purpose first-generation certified seed is to be used. However, a third party who has lawfully obtained such seed (and who is authorised by national bodies to operate as a multiplier) could also produce second-generation seed and have it certified by public bodies.
(26) Regarding the distinctions made in points 21 to 25 it should be pointed out that while the Community directives ensure free movement within the Community of basic and certified seed which satisfies their conditions, they do not oblige Member States to make provision in their legislation for two separate generations (first and second) of certified seed. Thus, even in cases where a number of generations are allowed, some Member States make provision for only one generation. As a result, there are individual species for which some Member States authorise only the first generation whereas others authorise both first and second (and possibly later) generations.
(27) Certified seed originating in a Member State providing for only one generation could thus be exported to Member States that allow two (or more) generations and be multiplied in one of those Member States. Such seed is often referred to in the trade as 'technical seed`. However, this name does not appear in Community instruments but is used in practice to designate a specific group of seeds which could be referred to as follows: certified seed of a commercial nature only (that is, not for producing other seed in the Member State of origin) which can be used as 'basic seed` (to produce new certified seed) in the country of destination.
(ii) Common catalogue of varieties
(28) Directive 70/457/EEC called for the drawing-up of a common catalogue of varieties of agricultural plant species on the basis of the Member States' national catalogues. Each Member State draws up one or more catalogues of the varieties officially approved for certification and marketing on its territory.
(29) Seed of a variety which is accepted in the national catalogue may no longer be subject to any marketing restriction in other Member States:
- with effect from 31 December of the second year following that in which the said varieties are entered in the national catalogue,
or
- when all the Member States have manifested to the Standing Committee on Seeds and Propagating Material their intention not to restrict the marketing of seeds of the variety entered in the said national catalogue.
The Commission publishes in the Official Journal of the European Communities (under the title 'Common catalogue of varieties of agricultural plant species`) a list of all varieties the seed of which are not subject to any marketing restriction.
(30) By virtue of those provisions, seed of varieties entered in the common catalogue may move freely between all Member States of the Community, even where the variety concerned is not recognised in the Member State of destination.
On the other hand, in order to produce certified seed outside the Member State of first certification, the variety in question must be entered in the national catalogue of the Member State where production is to begin. In other words, the Community directive allows seed to be marketed, but not produced, throughout the Community.
(b) French provisions
(31) The general technical rules on seed production and marketing in France are to a large extent drawn from Community directives. In order to safeguard product quality these rules require very rigorous enforcement, thus imposing a substantial administrative burden on the public authorities. The central role falls to SOC, which is an arm of the French Ministry of Agriculture and which is managed by the Groupement national interprofessionnel des semences (GNIS).
(32) Certification is the outcome of a control procedure enabling the Service officiel de contrôle to be sure that seed submitted to it meets minimum genetic or varietal purity requirements.
Seeds can be certified only on the premises of multipliers, who must have been approved for the purpose beforehand. Certification is evidenced by attaching certificates, official labels or in some cases seals issued by the SOC to the packaging of certified seed.
Approval for testing is granted by decision of the Minister for Agriculture, following a proposal from the SOC, for one or more species and, for each species, for one or several categories.
(33) France's general technical rules provide for the following categories of seeds:
(a) Stock material
The initial material (strains, clones or multiplication stock) thanks to which the variety's maintenance can be resumed or continued each year.
(b) Pre-basic seed (generations predating basic seed)
Seed of a generation occurring between the stock material and basic seed.
(c) Basic seed
Seed produced according to accepted practices for the maintenance of the variety and normally intended for production of certified seed.
(d) Certified seed
Seed of direct descent from the multiplication of basic seed or, in some cases, at the breeder's request and with the approval of the SOC, from pre-basic seed. Certified seed may be subdivided into first-generation certified seed (R1) and second-generation certified seed (R2).
For the purposes of this Decision, the seed described at (a), (b) and (c) above will be collectively referred to as 'basic seed` and that described at (d) will be referred to as 'certified seed`.
(34) The stock material, pre-basic seed and basic seed are produced under the responsibility of the breeder, who is in charge of the production of his varieties.
Special technical rules specify the conditions under which stock material, pre-basic seed, basic seed and certified seed are to be produced.
In France most of the specific technical rules provide for only one generation of certified seed.
(35) The situation is different in other Member States, where two or more generations of certified seed may be allowed (see point 26). French certified seed can, in such cases, be exported there and undergo multiplication ('technical seed`) - a procedure which would not be allowed in France.
(36) Accordingly, certified seed can, under French rules, be 'reclassified`. This consists in repacking first-generation seeds by changing the certificate or label, with the result that it will no longer be possible to use the seeds to produce other seeds in the Member State of destination.
E. THE NOTIFIED AGREEMENTS
(37) The notified agreements are standard contracts whereby Sicasov organises the production and sale of seed protected by plant variety rights which breeders have entrusted to its management.
There are two types of agreement.
(a) Where Sicasov acts as the breeder's agent (see point 2(a)), it concludes an agreement with the multiplier known as a contrat de licence de production et de vente de matériel de reproduction ou de multiplication vegetative de variété végétale.
(b) Where Sicasov acts as the breeder's concessionaire (see point 2(b)), it concludes an agreement with the multiplier known as a contrat de sous-concession de production et de vente de matériel de reproduction ou de multiplication vegetative de variété végétale.
(38) On the basis of the notified agreements, Sicasov grants the licence holder a non-exclusive licence to reproduce and sell a given plant variety (first paragraph of Article 1). The licence is personal and the rights arising therefrom cannot be transmitted, either in whole or in part (second paragraph of Article 1).
Except with the prior agreement of Sicasov, the licence holder may not allow seed production to be carried out by a third party (third paragraph of Article 1).
The notified agreements concern groups of species, which are thus subdivided:
- cereals,
- fodder plants and high-protein products,
- maize/sorghum, vegetables, oil and fibre plants,
- potatoes.
(39) The notified agreements provide that the production and marketing of seed are subject to the following requirements:
(a) the production and reproduction licence for the variety is granted solely for the production and sale of seed within French territory or within another specified territory (Article 2(A)) (6);
(b) the licence holder may neither export nor import basic seed without express approval from Sicasov (first paragraph of Article 2(C));
(c) a licence holder selling basic seed must obtain a commitment from the purchaser that the seed will not be exported either direct or indirectly (second paragraph of Article 2(C));
(d) the licence holder may not export certified seed direct (or through an undertaking belonging to the same group or subject to the same export prohibition) if the variety has been entered in the common catalogue for less than four years (Article 2(D));
(e) the licence holder may not export certified seed of the first generation to Member States that authorise two or more generations or export certified seed of the second generation to Member States that authorise three or more generations. The licence holder undertakes to impose this obligation on all his purchasers (first paragraph of Article 2(E)). However, the breeder undertakes to give his agreement on the reclassification of seed to the national certification authorities as a matter of course, provided that the exporter informs him of his intention and that the certification authorities inform him (or his assignee) of the quantities of seed reclassified and the country of destination (second paragraph of Article 2(E)). Such systematic authorisation is to be granted only for varieties entered in the common catalogue for more than four years (third paragraph of Article 2(E));
(f) the licence holder may not export certified seed to Member States which do not grant legal protection for new plant varieties. The licence holder undertakes to impose this obligation on all his purchasers (first paragraph of Article 2(E));
(g) the licence holder may not export certified seed to States which are not members of the Community or members of the Union internationale pour la protection des obtentions végétales (UPOV). The licence holder undertakes to impose this obligation on all his purchasers (first paragraph of Article 2(E)).
(40) The management group may subject the licence holder to any check it feels is necessary in order to ensure that the operations for which it is responsible are being properly carried out; it may also require the licence holder to submit to it each year a statement of sales or certifications, broken down by species.
(41) In exchange for the rights granted to him, the licence holder undertakes to pay the management group a membership fee and an amount based on the quantities sold or certified in the autumn or spring. The amount in question is payable by licensed multipliers when they entrust to their multiplying farmers seeds under licence produced or packed by them.
(42) If the subject of the agreement is an annual species the licence is granted only for the harvest resulting from the planting that follows its signing. In the case of a perennial species, the licence is granted for the number of harvests resulting from the planting that follows the signing of the agreement and is specified therein.
II. LEGAL ASSESSMENT
A. ARTICLE 85(1)
(43) Article 85(1) of the Treaty prohibits as incompatible with the common market all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market.
(44) Sicasov is an 'undertaking` within the meaning of Article 85 of the Treaty since it carries on an economic activity consisting in the management and supervision of plant breeders' rights in France. The licence holders are also undertakings since they carry on an economic activity (the production and marketing of seeds).
(45) From the product standpoint, the notified agreements relate to a very large number of different reference markets. Each plant species constitutes a different market and, within a given species, groups of varieties can very often be identified that are to be regarded as separate markets.
(46) From the geographic standpoint, the abovementioned markets correspond to the territories of the Member States. It should first be borne in mind that the production and marketing of seeds is governed by national rules (as far as France is concerned, see points 31 to 36), although such national rules must comply with the applicable Community directives. Secondly, it should be stressed that seed distribution structures are organised chiefly along national lines. However, the fact that the reference markets are national markets does not detract from the existence of import and export flows, some of which are on a large scale.
(47) The notified agreements are 'agreements between undertakings` within the meaning of Article 85 of the Treaty. It is therefore necessary to examine whether the clauses provided for by the said agreements restrict competition and affect trade between Member States.
(a) General
(48) However, before assessing whether the clauses of the notified agreements are compatible with Article 85(1) of the Treaty, it is advisable to examine the scope of the plant-variety rights in order to define which clauses of the notified agreements arise from the existence of those rights.
(49) In this connection, reference should be made both to Regulation (EC) No 2100/94 and to the UPOV Convention, which has been ratified by most Member States.
Together, they give the breeder the right to subject to his prior authorisation all acts relating to the production, reproduction, conditioning, putting up for sale, marketing, export, import and stocking of seeds of the protected variety.
It therefore follows that any act relating to the production of basic or certified seeds falls within the breeder's exclusive rights and is accordingly covered by plant-variety rights.
(50) Consequently, the breeder is entitled to control the destination of all seeds in respect of which an act of production is still legally possible in the light of the public provisions applicable (see points 21 to 27 and 31 to 36). This means that Article 85(1) will not apply to agreements aimed solely at protecting the breeder's right in regard to seeds which, on the basis of the public rules applicable, can lawfully be used to produce other seeds. Thus, for instance, an agreement prohibiting the licence holder from selling or exporting seeds which do not belong to the last generation that may lawfully be reproduced and which have been made available to him solely for the purpose of multiplication is not covered by Article 85(1) of the Treaty (7).
The above points also apply to 'technical` seeds (see point 27). It must be accepted that, in the absence of any Community harmonisation in this field, a breeder may insert whatever contractual clauses are needed to protect his rights. In order to do so, the breeder may stipulate contractual clauses enabling him to subject to his authorisation and control any seed-production act irrespective of the generation concerned (first generation, second generation, etc.). Such clauses will, however, be approved only if they are essential to protecting the breeder's rights and are compatible with the Community rules on competition. Scrutiny of the case will reveal whether those requirements are fully satisfied.
(51) By contrast, the breeder's right of control ceases to apply only after he produces (or authorises the production of) seeds which, by virtue of the public provisions applicable, can no longer be lawfully reproduced and after he puts them (or authorises them to be put) into circulation. The seeds may no longer be used to produce other seeds; they may only be sold (direct or via an intermediary) to farmers for the production of consumption goods. The seeds must in such cases be regarded as goods that are comparable to finished industrial products.
Any agreement aimed at restricting the production or marketing of the seeds can be scrutinised in the light of Article 85 of the Treaty.
While it is true that the abovementioned seeds are the subject of numerous checks by the public authorities (see points 31 to 36), the legal position of a breeder does not differ from that of a holder of a patent or trade mark on a product subject to control by the public authorities (such as a pharmaceutical product). There are therefore no grounds for regarding seeds protected by plant-variety rights as having specific characteristics which require them to be treated differently from products protected by other industrial property rights. This does not affect the need to take the specific nature of seeds into consideration for the purposes of applying the competition rules (8).
(b) Clauses not covered by Article 85(1)
(52) The granting by Sicasov of a non-exclusive right to multiply seeds covered by the agreements in France or on a territory which is the subject of the plant variety rights (which means, in the case of the Community plant-breeding right, the Community as a whole) does not restrict its right to grant licences to all multipliers submitting an application, providing that those multipliers fulfil French legal requirements in terms of seed certification. In this respect, Sicasov's policy has been to grant licences without difficulties to applicants in respect of the selected varieties.
Moreover, the breeder is still free to sell the seeds covered by the contract in France or elsewhere. He may do so direct or via a distributor. Such a clause must therefore be seen as not restricting competition within the meaning of Article 85(1).
(53) The obligation on the licence holder not (except with Sicasov's approval) to entrust basic seeds to a third party with a view to producing certified seeds is one of the options arising from the existence of plant variety rights. In this connection, it should be emphasised that producing basic seeds entails major costs and may carry with it appreciable risks. Moreover, basic seeds are produced under the responsibility of the breeder. The latter must therefore be allowed to protect himself against any technical mishandling of those seeds. To that end, he must be allowed to restrict the multiplication of basic seed to the growers which Sicasov has selected as licence holders (9). This means that the breeder has the right to restrict the movement of basic seed. Accordingly, the obligation on the licence holder not to entrust basic seed to third parties is compatible with Article 85(1) of the Treaty.
(54) The obligation on the licence holder not to export basic seed must also be regarded as the expression of the exercise of one of the rights open to the breeder. The latter (or, as in this case, his assignee) must be recognised as having the right to restrict the destination of basic seed in order to avoid any wrongful handling of the varieties. To that end, he must have the right to prohibit the licence holders he has chosen (or, as in this case, the licence holders his assignee has chosen) from selling and exporting the basic seed (10). Clearly, therefore, a breeder who bears the economic and legal risks involved in the production of seeds must be able to control their destination, including their sale abroad. It may accordingly be felt that the prohibition on the export of basic seed is not covered by the prohibition under Article 85(1) of the Treaty.
(55) Similar considerations may be arrived at as regards the prohibition on imports of basic seeds. Plant-protection rights allow the holder to prohibit third parties from importing protected seed. Those rights may be regarded as having expired only when the breeder has put the seeds into free circulation or has given his consent to that end. In the case of basic seed, the breeder arranges for its production and distribution on the basis of a network of multipliers who cannot freely dispose of the seed. It is therefore permissible for the breeder to underpin that system by means of a prohibition on each licence holder from importing basic seed. That clause should accordingly not be regarded as being covered by Article 85(1) of the Treaty.
(56) The obligation on the licence holder to pass on to the buyer the obligation not to export basic seed must also be regarded as an expression of the rights accruing to the breeder. In that case too, the breeder must be able to control the destination of the basic seed in order to avoid any technical mishandling of the varieties concerned. Such wrongful handling could occur not only when a licence holder exports direct but also when he sells (with Sicasov's approval) to a third party who then exports the basic seed. The breeder must therefore be in a position to control the final destination of the basic seed. It may therefore be felt that the obligation on the part of the licence holder to obtain an undertaking from his buyer that the basic seed will not be exported is not covered by the prohibition under Article 85(1).
(57) The obligation on the licence holder not to export first- or second-generation certified seed if the said seed does not belong to the lowest level of protection afforded by the country of destination ('technical seed`) and has not been reclassified beforehand is aimed at ensuring that the breeder is able to control reproduction acts over which he has exclusive rights. In Member States where several generations are allowed, first-generation seed imported into France might be used as basic seed in order to obtain other seed (the same would apply to second-generation seed in the case of Member States that allow three generations or more). Reproduction acts could be carried out therefore by multipliers who have not been selected by the breeder and are outside his control (11).
It should be emphasised that reclassification lowers neither the intrinsic value nor the commercial value of the seed. The sole effect of reclassification is to make seed non-reproducible (from the legal point of view). Account must be taken of the fact that it would be almost impossible for the holder to use contractual means alone to prevent reproduction acts from taking place without his agreement in a Member State that allows several generations. In those Member States, reproduction acts towards subsequent generations are quite legal and the national authorities are under no obligation whatsoever to ask the breeder for his authorisation or to communicate to him seed certifications of generations occurring after the first.
Admittedly, the authorisation to reclassify is not granted by the breeder until four years after entry in the common catalogue; meanwhile, licence holders will therefore be unable to export direct to certain Member States. In the absence of Community harmonisation, it must be concluded that such a measure is justified and does not restrict competition.
Accordingly, an obligation on the licence holder to reclassify first-generation seeds (or, where applicable, second-generation seeds) prior to exporting them to Member States that allow two or more other generations does not restrict competition within the meaning of Article 85(1) of the Treaty.
(58) The obligation on the licence holder to pass on the prohibition on exports of the abovementioned seed is aimed at preventing an adverse effect, through one or more third-party buyers, on the breeders' rights in the Member State of destination which would have the consequences described in point 57. Such an obligation must therefore be regarded as compatible with Article 85(1) of the Treaty.
(59) The obligation on the licence holder not to export certified seeds to Member States that do not afford any legal protection to new plant varieties is aimed at preventing third parties from carrying out, without the breeder's authorisation, reproduction acts in order to obtain later generations of those seeds. In those Member States, anyone may reproduce seeds until the last generation allowed under national legislation in accordance with Community directives. The only possibility the breeder has of exercising control over such acts is to restrict the marketing of seeds. Breeders' rights do not cease to apply in the case of seeds that do not belong to self-reproducing plant species.
Self-reproduction is a phenomenon producing a situation different from that obtaining in the field of patents. After being put onto the market (by the holder or with his consent), a patented industrial product can no longer be used to produce large numbers of similar products (regardless of whether or not there is any protection under patent law). On the other hand, prohibiting exports of seeds to Member States that do not recognise any legal protection for the species concerned is tantamount to prohibiting the licence holder from transmitting to third parties in a Member State that does not grant protection in respect of the patent any intermediate machinery used to manufacture a product protected by a patent in the Member State of origin. This prohibition should not be regarded as restricting competition.
In the light of the above, an obligation on the licence holder not to export seeds to Member States that do not grant any legal protection to the variety in question is not to be regarded as restricting competition under Article 85.
(60) The obligation on the licence holder to pass on to any buyer the obligation referred to in paragraph 59 is also aimed at preventing reproduction acts from taking place outside the breeder's control. That obligation is not, therefore, covered by the prohibition set out in Article 85(1) of the Treaty.
(61) The obligation not to export certified seeds to countries that are not Member States of the Community or members of UPOV is in keeping with the same objectives as are described above (see points 57 to 60).
(c) The clause covered by Article 85(1)
(62) The obligation on licence holders not to export certified seeds from France direct (or through undertakings belonging to the same group, or through other licence holders) for a period of four years from registration of the variety in the common catalogue prevents licence holders not only from conducting an active sales policy outside France but also from meeting unsolicited demand from customers in other Member States. It follows that the licence holder may not supply customers established in Member States other than France, even if the sale of the seed takes place on French territory. It should be emphasised, moreover, that the said obligation also applies where the sale is made through a broker (who acts on behalf and for the account of the customer outside France).
The obligation in question therefore prevents any direct exporting and leaves only the possibility of effecting indirect exports (that is, via a third-party undertaking established in France).
It is clear therefore that the said obligation is designed to eliminate licence holders as direct sellers of seeds to undertakings established in Member States other than France. Thus, undertakings outside France can only buy seeds through intermediaries established on French territory. In general, such purchases are more difficult and less advantageous than those made direct from licence holders. Consequently, the clause in question reduces the degree of competition in the other Member States, since the breeder (or the undertaking which the latter has authorised to produce and/or sell) is faced only with sales to third parties who bought the seed covered by the agreement in France (from licence holders in the management group or from the breeder himself) and subsequently exported them to the State in question.
(63) Accordingly, the obligation mentioned in point 62 is designed to restrict competition within the meaning of Article 85(1) of the Treaty, at least in the case of exports to States which do not give the breeder (or his assignees) the right to prevent imports from other Member States. To this extent, the said obligation enables the breeder to achieve a result which he would not be able to attain by relying exclusively on possible rules relating to plant-breeding rights, adopted by the Member States into which the seeds are imported.
(64) The obligation mentioned in point 62 is likely to eliminate a flow of trade in seeds from France to the other Member States, which might otherwise have expanded. It must therefore be regarded as affecting trade between Member States of the Community.
B. ARTICLE 2 OF REGULATION No 26
(65) Article 2 of Council Regulation No 26 applying certain rules of competition to production of and trade in agricultural products (12), as amended by Regulation No 49 (13), provides that Article 85(1) of the Treaty is not to apply to such of the agreements, decisions and practices which concern the production or sale of agricultural products as form an integral part of a national market organisation or are necessary for attainment of the objectives set out in Article 39 of the Treaty.
(66) Seeds are listed in Annex II to the Treaty and are therefore agricultural products. Consideration should therefore be given to whether the two exceptions provided for by the first sentence of Article 2 of Regulation No 26 apply to the notified agreements.
(67) It should be pointed out first of all that the notified agreements do not form an integral part of a national market organisation for seeds. Such a national organisation exists neither in France nor in any other Member State, since the sector is governed by the provisions of Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organisation of the market in seeds (14), as last amended by Regulation (EC) No 192/98 (15).
(68) It should be examined subsequently whether the notified agreements are necessary for the attainment of the objectives set out in Article 39 of the Treaty.
It should be emphasised in this respect that, since it is a derogation to the general rule of Article 85(1) of the Treaty which is involved, the said exception is to be interpreted restrictively (16).
In addition, the Community courts have consistently held that the exception in question only applies if an agreement promotes the attainment of all the objectives of Article 39 of the Treaty (17).
Lastly, it must be concluded that agreements which are not included among the means provided by the Regulation on the common organisation for the attainment of the objectives set out in Article 39 of the Treaty are not necessary within the meaning of Article 2(1) of Regulation No 26/62. The common organisation of markets in seeds does not provide for the conclusion of licensing agreements.
(69) Accordingly, an exception under Article 2 of Regulation No 26 must be ruled out in this case and, by the same token, Article 85(1) of the Treaty is applicable.
C. ARTICLE 85(3)
(70) The provisions of Article 85(1) can, by virtue of Article 85(3), be declared inapplicable in the case of any agreement or category of agreements between undertakings which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not:
(a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives;
(b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.
(71) The Commission may apply Article 85(3) either by means of an individual decision or by means of a regulation.
(72) Commission Regulation (EC) No 240/96 (18) may be applied to certain categories of technology transfer agreements relating to plant breeders' rights (point (h) of Article 8(1)).
Regulation (EC) No 240/96 cannot, however, be applied to the notified agreements since the prohibition on exporting certified seeds does not correspond to any of the obligations mentioned in Article 1(1) of the Regulation: in particular, the notified agreements do not grant territories to licensees (see points 1, 2, 4, 5 and 6 of Article 1(1)) or reserve certain territories for the licensor (see point 3 of Article 1(1)).
(73) Although Regulation (EC) No 240/96 is not applicable as such, it can nevertheless provide criteria that may be used, in the context of this individual Decision, in assessing the prohibition on exporting certified seeds.
Consequently, with a view to assessing whether the prohibition on exporting certified seeds satisfies the tests of Article 85(3) of the Treaty, account must be taken of the following considerations.
(74) The prohibition on exporting certified seeds contributes to improving production and distribution, and to promoting technical and economic progress.
First, it facilitates the dissemination of new varieties in Member States other than France by encouraging undertakings in those Member States to accept the risks involved in producing and/or marketing new varieties selected by the French breeders. Those firms will be more inclined to undertake the dissemination of new varieties if they can be certain that they will not have to contend with direct exports from France during the launch period. It is therefore appropriate to conclude that, during this period, French breeders should have the right to protect their licence holders and distributors (in Member States other than France) against direct competition from French licence holders by imposing on the latter contractual clauses prohibiting them from exporting certified seeds. Licence holders and distributors in Member States other than France, who will normally have a better knowledge of the respective markets than the French breeders, will be able to market seeds belonging to new varieties in optimum conditions and provide users with regular and adequate supplies.
Secondly, the export prohibition improves the organisation of the production and distribution of seeds in France by encouraging French licence holders to concentrate their efforts on French territory with a view to providing user farmers with regular and adequate supplies.
It should also be stressed that Regulation (EC) No 240/96 exempts obligations on licensees to refrain from both active sales (Article 1(1), point 5) and passive sales (Article 1(1), point 6) since it considers that such prohibitions generally contribute to improving the production of goods and to promoting technical progress.
(75) User farmers, be they in France or in other Member States, will be allowed a fair share of the benefit resulting from the improved supply of seeds referred to in point 74. The protection afforded by the prohibition on exports encourages firms in Member States other than France to conclude production or distribution agreements with French breeders and thereby introduces farmers in those Member States to new varieties that will improve their harvests.
French farmers will also benefit from regular and plentiful supplies, since French licence holders will have to concentrate their efforts above all on the French market.
In order to preserve these beneficial effects, however, parallel exports from French territory must at all times be free. This requirement is met in the case in point since there is no clause in the notified agreements prohibiting licence holders from selling to users and dealers established in French territory, who could then export to other Member States.
The foregoing considerations are compatible with Regulation (EC) No 240/96, which states that export prohibitions imposed on licensees, as referred to in Article 1, as a rule allow consumers a fair share of the benefit resulting from the improvement in the supply of goods on the market.
(76) The prohibition on direct exports of seeds is essential for ensuring the dissemination of new varieties in Member States other than France and, therefore, for achieving the objective of promoting technical and economic progress for the benefit of users situated in those Member States. In particular, it does not seem that a protection period of four years, calculated from the entry in the common catalogue, is excessive compared with the aim of promoting the knowledge and dissemination of a new variety on a market. In this respect, it should be noted that Regulation (EC) No 240/96 allows prohibitions on passive exports for a period of five years, calculated from the date on which the product in question is first placed on the market. As regards the date on which the export prohibition is to begin, it should be borne in mind that, on the whole (that is to say, in cases other than that of parallel entry in the national catalogue of the Member State of destination), a variety may not move freely in the Community until it is entered in the common catalogue. It is therefore advisable to choose the time of such entry as the starting point of the protection period.
(77) The obligation on the licence holder not to export seeds direct does not enable breeders to eliminate competition. First of all, new varieties of seeds are mostly in competition with existing varieties which are well known to farmers and which therefore constitute an alternative source of supply. Secondly, parallel imports from France are still unrestricted, with the result that any customers established in other Member States will, albeit indirectly, have access to French varieties, even during the launch phase.
D. ARTICLES 6 AND 8 OF REGULATION No 17
(78) The Commission is required, under Article 6 of Regulation No 17, to indicate the date on which an exemption decision begins to take effect.
(79) By virtue of Article 8(1) of Regulation No 17 exemption is to be granted for a specific period. In view of technical developments in the field of seeds and the economic situation on the market concerned, it would be reasonable to provide for a 10-year exemption, to begin on 26 October 1994, being the date of notification of the agreements,
HAS ADOPTED THIS DECISION:
Article 1
Pursuant to Article 85(3) of the EC Treaty, Article 85(1) is hereby declared inapplicable to the standard agreements of Sicasov (Société coopérative d'intérêt collectif agricole anonyme à capital variable) covering the production and sale of seeds.
Article 2
The exemption shall apply from 26 October 1994 to 26 October 2004.
Article 3
This Decision is addressed to: Sicasov (Société coopérative d'intérêt collectif agricole anonyme à capital variable) 7, rue Coq-Héron, F-75001 Paris.
Done at Brussels, 14 December 1998.
|
[
0,
0,
0,
1,
0,
0,
1,
1,
0,
0,
0
] |
COMMISSION DECISION
of 10 December 2008
concerning State aid C 31/06 (ex N 621/05) granted by Italy on urgent measures to prevent avian influenza
(notified under document C(2008) 7802)
(only the Italian text is authentic)
(2010/332/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,
Having given interested parties notice to submit their comments pursuant to that Article, and having regard to those comments,
Whereas:
I. PROCEDURE
(1)
By letter of 9 December 2005, registered on 13 December 2005, the Italian Permanent Representation to the European Union notified the Commission, pursuant to Article 88(3) of the Treaty, of Article 5 of Law No 244 of 30 November 2005 (Law 244/05).
(2)
By telexes of 14 February 2006 (ref. AGR 4535) and of 20 March 2006 (ref. AGR 7800), the Commission requested additional information.
(3)
By e-mail of 2 March 2006, registered on 3 March 2006, the Italian authorities notified the Commission of Article 1a(8) and (10) to (14) of the draft law converting Decree-Law No 2 of 10 January 2006 into law. This Decree-Law was converted into law, with amendments, through Law No 81 of 11 March 2006 (Law 81/06). This law amends Article 5 of Law 244/05. The provisions of Article 1a establishing an Emergency Poultry Fund were examined under State aid N 322/2006.
(4)
By e-mail of 20 April 2006, registered on 25 April 2006, the Italian authorities provided additional information.
(5)
By letter of 13 June 2006, the Commission asked the Italian authorities to extend the 30-day time limit laid down in Article 4(5) of Council Regulation (EC) No 659/1999 (1) to be able to take its decision, i.e. until 26 July 2006, to take account of the time required for the translation of the decision itself.
(6)
By e-mail of 22 June 2006, registered on 23 June 2006, the Italian authorities agreed to the extension of the time limit requested by the Commission.
(7)
By letter of 5 July 2006, the Commission informed Italy of its decision to initiate the procedure under Article 88(2) of the Treaty in respect of some of the aid measures at issue.
(8)
By letter of 19 July 2006, registered on 3 August 2006, the Italian Permanent Representation to the European Union sent the Commission the Italian authorities’ comments regarding the decision to initiate the formal investigation procedure.
(9)
The decision by the Commission to initiate the procedure was published in the Official Journal of the European Union (2). The Commission called on the interested parties to submit their comments on the aid at issue.
(10)
The Commission received no comments on this matter from the interested parties.
(11)
By letter of 7 May 2008, the Commission asked the Italian authorities for additional information to enable it to close the case in question. The Italian authorities did not reply.
(12)
By letter of 30 October 2008, the Commission sent the Italian authorities a reminder. By letters of 4 November 2008, the Italian authorities sent the Commission the information requested by letter of 7 May 2008, confirming that they had not implemented the measures provided for in Article 5(1), (3a) and (3b) of Decree-Law No 202/2005, as amended by Article 1a(7) of Law 81/06.
II. DESCRIPTION
(13)
Urgent measures to prevent avian influenza.
(14)
Article 5 of Decree-Law No 202 of 1 October 2005 (DL 202/05) converted to Law No 244 of 30 November 2005 (Law 244/05) (3), as amended by Article 1a(7) of Law No 81 of 11 March 2006 (Law 81/06) converting Decree-Law No 2 of 10 January 2006.
(15)
Ministry of Agricultural Policy Decree of 13 January 2006 (Decree of 13 January 2006) laying down detailed rules for implementing the provisions on the withdrawal of poultry meat from the market under Article 5(1) and (2) of Law 244/2005 (4).
(16)
Article 1a(8), (10), (11) and (12) of Law 81/06 (5).
(17)
The resources used to finance the various measures are from the national budget. The Italian authorities indicated an overall budget of EUR 120 million, distributed as follows: EUR 20 million allocated to food aid and EUR 100 million to setting up the Emergency Poultry Fund.
(18)
The Italian authorities’ intention was to grant the aid until 1 January 2007; to date, however, no aid has been granted under this scheme.
(19)
Poultry farms, abattoirs and poultry meat-processing companies, poultry-meat wholesalers and poultry-feed manufacturers.
(20)
Article 5 of DL 202/05, as amended by Article 1a(7) of Law 81/06, provides for:
(a)
the purchase by AGEA of 17 000 tonnes of poultry meat and other poultry products for humanitarian aid (paragraphs 1 and 2);
(b)
the suspension of tax payments, social security contributions and payments in respect of operators in the poultry sector (paragraph 3a);
(c)
the granting of aid for loans for the conversion and restructuring of poultry undertakings affected by the emergency situation in the poultry sector (paragraph 3c).
(21)
Article 1a(8), (10), (11) and (12) of Law 81/06 provides for an Emergency Poultry Fund (‘the Fund’) to be set up at the Ministry of Agricultural Policy, with an overall budget of EUR 100 million for 2006, to be used for:
(a)
rescue and restructuring aid for the poultry sector (in accordance with Community guidelines on State aid for rescuing and restructuring firms in difficulty (6));
(b)
compensation for the loss of income or additional expenditure incurred by farmers as a result of implementing the Community, national or regional plans for preventing and eradicating avian influenza and indirect damage resulting from restrictions on moving animals or production stoppages imposed by the health authorities;
(c)
aid for closing production (in accordance with paragraph 9 of the Community Guidelines for State aid in the agriculture sector (7) (‘the guidelines’));
(d)
investments for biosecurity and health measures in poultry farms;
(e)
the slaughter of animals ordered by the health authority with a view to improving the well-being of animals in the event of overpopulation of production structures or a ban on moving animals.
(22)
Article 1a(12) of Law 81/06 states that the implementing measures for aid financed by the Fund are to be adopted by decrees of the Ministry of Agricultural Policy and the Ministry of Health. The Italian authorities undertook, by e-mail of 20 April 2006, to notify the above decrees to the Commission under Article 88(3) of the Treaty.
(23)
By e-mail of 23 May 2006, registered on the same day, the Italian Permanent Representation to the European Union notified the Commission, pursuant to Article 88(3) of the Treaty, of the draft Ministerial Decree on the implementing measures for aid financed by the Fund. These measures were approved under State aid N 322/06 (8).
(24)
On several occasions the Commission advised the Italian authorities not to implement the measure provided for in Article 5 of DL 202/05 on the purchase of frozen meat for humanitarian aid (9).
(25)
The decree of 13 January 2006, which governs the procedures to be adhered to by the AGEA for the purchase of poultry products of Community origin, provides for the following purchase prices:
Carcasses and cuts of meat
Fresh
EUR/kg
Frozen
EUR/kg
Golden and/or Livorno chickens
2,40
2,10
‘Vallespluga’ chickens
2,40
2,10
Chickens
1,40
1,20
Chicken legs
1,40
1,20
Chicken wings
1,00
0,80
Turkey drumsticks
1,00
0,80
Turkey legs
1,10
0,90
Turkey wings
1,00
0,80
Turkey (breasts)
1,30
1,10
Guinea fowl and duck
2,40
2,10
(26)
All natural or legal persons involved in farming and processing poultry meat for more than 12 months on the date of entry into force of the decree of 13 January 2006 and registered for these activities on the company register of the Chamber of Commerce can offer their products for humanitarian aid purposes.
III. GROUNDS FOR INITIATING THE PROCEDURE
(27)
The measures laid down in Article 1a(8), (10), (11) and (12) of Law 81/06 setting up a Fund to be used for financing the measures set out in recital 21(a)-(e) of this final decision were examined under State aid N 322/2006 and declared compatible with the common market (10) since they fulfil the relevant conditions of paragraphs 4.1, 4.2, 9 and 11.4 of the guidelines (11).
(28)
This decision therefore relates to the sub-measures set out in recital 20(a), (b) and (c), which deal with the purchase by the AGEA of 17 000 tonnes of poultry meat and other poultry products for humanitarian aid; the suspension of payment of taxes, social security contributions and payments in respect of operators in the poultry sector and the granting of aid for loans for the conversion and restructuring of poultry undertakings affected by the situation.
(29)
The measures set out in recital 20 appear to qualify as State aid in so far as they are granted by way of State resources, either in the form of loss of earnings from tax revenues for public authorities, or in terms of prices to be paid for the purchase of poultry meat and in so far as these measures could affect trade because of Italy’s position in this sector of production (Italy was the fourth biggest producer of poultry meat in the EU in 2004).
(30)
The Italian authorities did not provide any information to justify these measures in the light of State aid rules, in particular paragraph 11.4 of the guidelines (12) and the Community guidelines on State aid for rescuing and restructuring firms in difficulty. (13) The Commission could not therefore rule out the possibility of this aid constituting operating aid, i.e. aid designed to relieve an undertaking of costs which it would normally have to pay in the course of its day-to-day business or its normal activities.
(31)
The Commission therefore initiated the procedure provided for in Article 88(2) of the EC Treaty because it had doubts as to the compatibility of the measures provided for in Article 5 of DL 202/05, as amended by Article 1a(7) of Law 81/06. According to the aforementioned Article 88, aid to facilitate the development of certain economic activities or of certain economic regions may be considered to be compatible with the common market where such aid does not adversely affect trading conditions to an extent contrary to the common interest.
IV. COMMENTS FROM INTERESTED PARTIES
(32)
Following the initiation of the procedure, the Commission has received no comments.
V. COMMENTS MADE BY ITALY
(33)
The Italian authorities sent their comments on the initiation of the procedure by letter of 19 July 2006, registered on 3 August 2006.
(34)
First of all, the Italian authorities draw the Commission’s attention to the fact that, despite the urgency, no specific measures have been adopted yet.
(35)
The Italian authorities then refer to paragraph 18 of the initiation decision, which provides that under Article 87(1) of the Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Member States, be incompatible with the common market.
(36)
They conclude that, based on the interpretation of the spirit and of the letter of the regulation, State aid is prohibited not systematically or absolutely, but only in cases where trade is distorted or market advantage conferred on beneficiaries.
(37)
The Italian authorities believe that, in the case in question, these eventualities can be considered to have been ruled out entirely, since the sole intention of the legislature was to establish a system of partial and ex post compensation in respect of losses caused by the crisis in the sector.
(38)
In this regard, they stress, in particular, that the measures referred to in (b) (the suspension of tax payments, social security contributions and payments in respect of operators in the poultry sector - paragraph 3a of Article 1a(7) of Law 81/06) would have applied as de minimis aid if the three-year budget allocated to Italy had not been fully absorbed by another measure.
(39)
The Italian authorities cite paragraph 22 of the decision to initiate the procedure, which refers to the possibility of a derogation under Article 87(3)(c) of the Treaty, which provides that aid to facilitate the development of certain economic activities or of certain economic areas may be considered to be compatible with the common market where such aid does not adversely affect trading conditions to an extent contrary to the common interest.
(40)
In that respect, they point out that there is no dispute that the present case is of a well-known kind and, in accordance with the well-established principles of legal literature and of case-law, well-known facts need not be demonstrated on the basis of evidence; such evidence is only necessary in the case of situations where there is doubt or uncertainty regarding the establishment of facts.
(41)
The Italian authorities also draw the Commission’s attention to the fact that if it were deemed that Article 87(3)(c) of the Treaty did not apply to the proposed measure, such measure should be authorised on the basis of Article 87(2)(b), which provides that aid to make good the damage caused by natural disasters or exceptional occurrences is compatible with the common market.
(42)
In the present case, according to the Italian authorities, the Council of Ministers already explicitly acknowledged the exceptional nature of the occurrence by adopting Regulation (EC) No 679/2006 of 25 April 2006 amending Regulations (EEC) No 2771/75 and (EEC) No 2777/75 as regards the application of exceptional market support measures (14).
(43)
The Italian authorities consider that one and the same occurrence, deemed to be exceptional for the purposes of adopting exceptional market measures, cannot be deemed to be normal for the purposes of evaluating State aid designed to respond to the same emergency situation.
(44)
Finally, the Italian authorities point out that the Commission itself actually recognised the exception nature of the occurrence by adopting Regulation (EC) No 1010/2006 of 3 July 2006 on certain exceptional market support measures in the eggs and poultry sector in certain Member States (15).
VI. ASSESSMENT OF THE AID
1. Prohibition of State aid within the meaning of Article 87(1) of the EC Treaty
(45)
Under Article 87(1) of the Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, insofar as it affects trade between Member States, be incompatible with the common market.
(46)
The measures set out in paragraph 20 of this text appear to qualify as State aid inasmuch as they confer an economic advantage (in the form of a loss of earnings from tax revenues for the state and in terms of the price to be paid for purchasing poultry meat with no access to the Community market on account of avian influenza) on a particular sector (poultry), it amounts to funding from (national) public resources and such aid is likely to affect trade.
(47)
According to the case-law of the European Court of Justice, an improvement in the competitive position of an undertaking as a result of State aid generally leads to distortion of competition in relation to competing undertakings not receiving such assistance (16). The Court has held that the relatively small amount of aid or the relatively small size of the undertaking which receives it does not as such exclude the possibility that trade between Member States might be affected (17).
(48)
A measure affects trade between Member States when it hinders imports from other Member States or facilitates exports to other Member States. The crucial factor is that intra-Community trade develops, or is in danger of developing, differently because of the measure in question.
(49)
The product benefiting from the aid scheme is the subject of trade between Member States and is therefore exposed to competition.
(50)
Thus, the criteria concerning the effect on trade and the distortion of competition are fully met.
(51)
The measure at issue is in effect, therefore, State aid within the meaning of Article 87(1) of the EC Treaty.
(52)
The fact that the measure is intended to compensate the poultry sector for losses due to the avian influenza makes no difference to the nature of the aid if such aid fulfils the conditions of Article 87(1), as is the case with the measure in question. On the other hand, both the guidelines that apply in the present case (in view of the fact that it was notified in 2005) and the new Community guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (18) specifically provide for the possibility of granting aid to make good the damage caused by natural disasters or exceptional occurrences, or by animal and plant diseases.
2. Assessment of compatibility
(53)
The prohibition referred to in Article 87(1) of the EC Treaty is not unconditional. In order to be considered compatible with the common market, the proposed measure must benefit from one of the derogations provided for by Article 87(2) and (3) of the Treaty. The Commission will discuss below the conditions for the applicability of Article 87(2)(b) of the EC Treaty and of the provisions of the 2000-2006 agricultural guidelines on animal diseases, which were in force when the above measure was notified in 2005.
(54)
The Italian authorities referred to Article 87(2)(b) of the EC Treaty, which declares aid to make good damage caused by exceptional occurrences compatible with the common market. In their letter of reply of 19 July 2006 they refer to avian influenza as an exceptional occurrence.
(55)
No definitions of the terms ‘exceptional occurrence’ and ‘natural disaster’ are given by the Treaty so it needs to be verified whether the avian influenza affecting Italy can be considered a ‘natural disaster’ within the meaning of Article 87(2)(b) of the Treaty. Since they constitute exceptions from the general principle of the incompatibility of State aid with the common market, laid down by Article 87(1) of the Treaty, it has been the consistent practice of the Commission to give a restrictive interpretation of the notions of ‘natural disaster’ and ‘exceptional occurrence’ referred to in Article 87(2)(b), as set out in paragraph 11.2 of the guidelines.
(56)
The need for such a restrictive interpretation has been consistently confirmed by the Court of Justice (19).
(57)
To date, the Commission has considered earthquakes, avalanches, landslides and floods as natural disasters. Exceptional occurrences that have been accepted include war, internal disturbances or strikes and, with certain reservations and depending on their extent, major nuclear or industrial accidents and fires that result in widespread loss.
(58)
As a general rule, the Commission does not accept that outbreaks of animal or plant diseases can be considered to constitute natural disasters or exceptional occurrences. However, in one case the Commission did recognise the very widespread outbreak of a completely new animal disease as an exceptional occurrence (20).
(59)
The consistent practice of the Commission has been to consider avian influenza as an animal disease (21) and to use long-established principles in the Guidelines on the fight against animal and plant diseases.
(60)
In general, an exceptional occurrence must at least present the characteristics of an occurrence that, by its nature and its effect on the operators concerned, is clearly distinguished from usual conditions and is outside the framework of the normal conditions under which a market operates.
(61)
Moreover, the data submitted by Italy lead to the conclusion not that the aforementioned disease was of an exceptional nature but that it is a recurring phenomenon.
(62)
According to the Italian authorities the exceptional nature of the occurrence was explicitly recognised by the Council of Ministers when it adopted Regulation (EC) No 679/2006 and Regulation (EC) No 1010/2006.
(63)
In the cases above, the avian influenza crisis had led to a fall in the consumption of poultry and eggs in a number of Member States, resulting in a sharp drop in prices. The regulations governing the eggs and poultry market allowed the EU to co-finance compensation measures only in cases where there was a case of avian influenza on a farm or where farmers were prevented from moving their poultry because of restrictions imposed on farmers by veterinary orders. There was no possibility to provide EU aid to take account of market problems linked to a fall in sales caused by a loss of consumer confidence. Because of the severity of the market crisis in some countries in 2006, the Commission authorised the co-financing of 50 % of the cost of market support measures, with national budgets paying the other half.
(64)
The Commission would point out that the slump in prices suffered by the sector is not in itself an exceptional occurrence within the meaning of the Treaty. Rather, it is an economic circumstance well-known in some agricultural sectors, which is caused by various factors including an incorrect planning of supply compared with demand (cyclical falls in price in the pigmeat sector are proof of this), or by purely commercial factors, the origin of which cannot be termed an exceptional occurrence (e.g. the reorientation of consumers’ preferences to alternative products). Similarly, the mere existence of a well-known disease such as avian influenza does not constitute an exceptional occurrence. On the contrary, the spread of the disease and the subsequent crisis of the poultry sector may, in some cases, even be a result of the failure by national authorities to apply rigorously the safety and prevention standards required to control the disease.
(65)
Through the market support measures proposed in the aforementioned regulations, the Commission’s intention was to deal with the problem of the negative consequences of the avian influenza crisis on the market. The Commission has therefore made very clear its intention to intervene in the crisis, entirely excluding any other measures considered to affect commercial conditions to an extent contrary to the common interest.
(66)
However, the Italian authorities have provided no evidence of the reasons why the present case is any different from other cases of avian influenza which were not considered as exceptional occurrences. As a result, the aid proposed by the Italian authorities cannot be authorised on this legal basis: the derogations referred to in Article 87(2) are not applicable. Specifically, the provisions of paragraph (b), which state that aid to make good damage caused by natural disasters or exceptional occurrences are compatible with the common market, do not apply.
(67)
It must be examined whether the measure proposed may be considered to be compatible with the common market within the meaning of Article 87(3) of the Treaty. The provisions of paragraph (c) are particularly relevant. According to these, aid to facilitate the development of certain economic activities or of certain economic areas may be considered to be compatible with the common market where such aid does not adversely affect trading conditions to an extent contrary to the common interest.
(68)
Paragraph 11.4 of the guidelines governs State aid to compensate farmers for losses caused by animal diseases.
(69)
These state that where a farmer loses livestock as a result of animal disease, or where his crops are affected by plant disease, this does not normally constitute a natural disaster or an exceptional occurrence within the meaning of the Treaty. In such cases, aid provided in compensation for the losses incurred and aid to prevent future losses may only be permitted by the Commission on the basis of Article 87(3)(c) of the Treaty, which provides that aid to facilitate the development of certain activities may be considered compatible with the common market provided that it does not affect trading conditions to an extent contrary to the common interest.
(70)
For this derogation to apply, the Member State must demonstrate that all the conditions for the compatibility of the proposed measures are fulfilled.
(71)
According to paragraph 1.1.4 of the guidelines, the Commission considers that the payment of aid to farmers to compensate for losses resulting from animal or plant diseases may only be accepted as part of an appropriate programme at Community, national or regional level for the prevention, control or eradication of the disease concerned. Aid which simply compensates farmers for losses incurred without taking any steps to remedy the problem at source must be considered as pure operating aid, which is incompatible with the common market.
(72)
The Commission considers, however, that the Italian authorities did not provide sufficient evidence to justify the application of such derogation in the light of the rules applicable to State aid, in particular paragraph 11.4 of the guidelines.
(73)
Accordingly, the aid proposed by the Italian authorities cannot be authorised on this legal basis.
(74)
The Italian authorities did not indicate any other measures as a legal basis for the aid.
(75)
Even though the Italian authorities never referred to the application of the rescue and restructuring guidelines, for the sake of completeness, the Commission examined whether the Community Guidelines on State aid for rescuing and restructuring firms in difficulty (22) do not apply in the present case. The first condition in order to qualify for rescue or restructuring aid is that the firm in question is regarded as being in difficulty within the meaning of the aforementioned guidelines. Based on the information at the Commission’s disposal, it does not appear that the firms concerned were in difficulty within the meaning of the aforementioned guidelines.
(76)
In any event, the Commission would point out that, in order to fulfil its duty to cooperate with the Commission, the Member State concerned must provide all the information necessary to enable the Commission to verify that the conditions for the derogation from which it seeks to benefit are satisfied (23). The Italian authorities never submitted any document enabling the Commission to examine the information in the light of the guidelines, despite the indications given by the Commission in paragraph 24 of the initiation decision (paragraph 30 of the final decision).
VII. CONCLUSION
(77)
In light of the foregoing, the Commission may conclude that the aid which Italy proposes granting to the poultry sector constitutes State aid within the meaning of Article 87(1), which cannot benefit from any derogation provided for in Article 87(2) and (3).
(78)
Since the measure has been notified in accordance with Article 88(3) of the Treaty and the Italian authorities have not granted it, there is no need to request recovery of the aid,
HAS ADOPTED THIS DECISION:
Article 1
The State aid which Italy proposes granting in order to prevent the avian influenza is not compatible with the common market.
Accordingly, the granting of the aid is not authorised.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 10 December 2008.
|
[
0,
0,
0,
0,
1,
1,
1,
0,
0,
0,
0
] |
COMMISSION REGULATION (EEC) No 3555/81 of 8 December 1981 on the classification of goods falling within subheading 02.06 B I a) 7 of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by the Act of Accession of Greece, and in particular Article 3 thereof,
Whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provisions must be laid down concerning the tariff classification of the product consisting of pork legs, defatted, derinded, deboned, treated by injection of an aqueous solution of sodium chloride containing small quantities of other salts and of sugars, and then vacuum massaged;
Whereas heading No 02.06 of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2), as last amended by Regulation (EEC) No 3300/81 (3), refers among other products to hams, salted, boned or boneless;
Whereas the product in question, which has been subjected to a widely used treatment for the preparation of salted hams, has the character of goods falling within heading No 02.06 ; whereas, within this heading, subheading 02.06 B I a) 7 must be chosen for the product in question;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,
HAS ADOPTED THIS REGULATION:
Article 1
The product consisting of pork legs, defatted, derinded, deboned, treated by injection of an aqueous solution of sodium chloride containing small quantities of other salts and of sugars, and then vacuum massaged, shall be classified in the Common Customs Tariff under subheading:
02.06 Meat and edible meat offals (except poultry liver), salted, in brine, dried or smoked:
B. Meat and edible meat offals of domestic swine:
I. Meat:
a) Salted or in brine
7. Other
Article 2
This Regulation shall enter into force on the 21st 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 December 1981.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION REGULATION (EC) No 789/2007
of 4 July 2007
amending, for the eleventh time, Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (1), and in particular Article 10(a) thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 1763/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation.
(2)
The Commission is empowered to amend that Annex, taking into account Council Decisions implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of ICTY (2). Council Decision 2007/449/CFSP (3) of 28 June 2007 implements that Common Position. Annex I to Regulation (EC) No 1763/2004 should, therefore, be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1763/2004 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 July 2007.
|
[
1,
0,
0,
0,
0,
1,
0,
0,
0,
0,
0
] |
Commission Regulation (EC) No 498/2003
of 19 March 2003
amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 13(11) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(3), as last amended by Commission Regulation (EC) No 411/2002(4), and in particular Article 9(2) and Article 13(15) thereof,
Whereas:
(1) Negotiations with a view to adapting the trade agreement between the Community and Poland establishing certain concessions in the form of Community tariff quotas for certain agricultural products and the total liberalisation of trade in other agricultural products have recently been concluded. In the cereals sector, one of the new concessions provided for is the abolition of export refunds for malt.
(2) With a view to adopting this agreement, and in order to clarify the export terms at the beginning of April 2003 for all exporters in the cereals sector, in particular in view of the period of validity of export licences, those export refunds should be abolished from 1 April 2003.
(3) The authorities of Poland have undertaken to ensure that only consignments of Community products covered by the trade agreement on which no refund has been granted are allowed for import into that country. To that end, Article 7a of Commission Regulation (EC) No 1162/95(5), as last amended by Regulation (EC) No 2305/2002(6), should apply to malt exports to Poland.
(4) It has been found that, in periods of increase in refund rates, the security of EUR 15 per tonne laid down in Article 10(d) of Regulation (EC) No 1162/95 is not sufficient to prevent large numbers of export licences in force for cereals and cereal products being returned to the issuing authorities. As such returns may generate problems in the administration of the exports, they should be discouraged by raising that security.
(5) Regulation (EC) No 1162/95 should therefore be amended accordingly.
(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 1162/95 is amended as follows:
1. in Article 10(d), the first subparagraph is replaced by the following:"EUR 20 per tonne for the products referred to in Article 1 of Regulation (EEC) No 1766/92 in the case of export licences."
2. Annex IV is replaced by 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.
Point 2 of Article 1 shall apply from 1 April 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2003.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION DECISION
of 5 October 1999
recognising the fully operational character of the Swedish database for bovine animals
(notified under document number C(1999) 3145)
(Only the Swedish text is authentic)
(Text with EEA relevance)
(1999/693/EC)
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 6(3), first indent,
Having regard to the request submitted by Sweden,
(1) Whereas on 23 March 1999 the Swedish authorities submitted to the Commission a request asking for recognition of the fully operational character of the Swedish database that forms part of the system for the identification and registration of bovine animals in Sweden; whereas this request was accompanied by appropriate information that was updated on 9 July 1999;
(2) Whereas the Swedish authorities have undertaken the commitment to improve the reliability of this database by ensuring in particular that: (a) all kinds of movements shall be recorded in the database, including notification of slaughter at the slaughterhouses and notification of movement to rendering plants, (b) the competent authorities will take measures to be able to promptly correct any errors or deficiencies which could be detected automatically or following the appropriate on-the-spot inspections, (c) measures will be implemented in order to improve their current provisions regarding re-identification of bovine animals in case of lost eartags as to comply with the provisions of Regulation (EC) No 820/97, (d) measures will be taken to ensure full involvement of the veterinary services on the implementation of the provisions of Regulation (EC) No 820/97, (e) measures will be taken to enforce the current provisions of the national legislation regarding notification delays of all movements (15 days), (f) measures should be introduced to ensure established follow-up procedures, in order to fully comply with the provisions of Commission Regulation (EC) No 2630/97(2) as last amended by Regulation (EC) No 132/1999(3), and of Commission Regulation (EC) No 494/98(4), measures should be introduced to comply with the provisions of Regulation (EC) No 2629/97(5), as last amended by Regulation (EC) No 331/1999(6), as regards eartags and also as regards recording of the premium status on the passports, and (h) measures should be introduced to provide for full movement records of all animals born in the EU; whereas the Swedish authorities have undertaken the committment to implement those improvement measures at the latest by 31 October 1999; whereas the Swedish authorities have undertaken to inform the Commission in the event of any problems occurring during the implementation period of the above mentioned measures;
(3) Whereas in view of the evaluation of the situation in Sweden, it is appropriate to recognise the fully operational character of the database for bovine animals,
HAS ADOPTED THIS DECISION:
Article 1
The Swedish database for bovine animals is recognised as fully operational from 1 November 1999.
Article 2
This Decision is addressed to the Kingdom of Sweden.
Done at Brussels, 5 October 1999.
|
[
0,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
COUNCIL REGULATION (EC) No 3382/93 of 6 December 1993 opening and providing for the administration of a Community tariff quota for beer made from malt originating in Malta (1994)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Supplementary Protocol to the Agreement establishing an association between the European Economic Community and Malta (1) provides, in an exchange of letters annexed to the said Protocol, that beer made from malt falling within CN code 2203 00, originating in Malta, may be imported into the Community free of duty within the limits of an annual Community tariff quota of 5 000 hectolitres; whereas the tariff quota in question should therefore be opened for the period from 1 January to 31 December 1994;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all imports of the product in question into all the Member States until the quota is exhausted;
Whereas, the decision for the opening of tariff quotas should be taken by the Community in the execution of its international obligations; whereas, to ensure the efficiency of a common administration of these quotas, there is no reasonable obstacle to authorizing the Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas, however, this method af administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;
Whereas since the Kingdom of Belgium, the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1994, the customs duty applicable to imports into the Community of beer made from malt originating in Malta shall be suspended at the levels indicated below and within the limits of Community tariff quotas as shown below:
09.1451 2203 00 Beer made from malt 5 000 Exemption
Article 2
The tariff quota referred to in Article 1 shall be administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.
Article 3
If an importer presents, in a Member State, a declaration of entry into free circulation including a request for preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the customs authorities, the Member State concerned shall draw, from the tariff quota, by means of notification to the Commission, a quantity corresponding to these needs. The requests for drawing, with the indication of the date of acceptance of the said declaration, must be communicated to the Commission without delay. The drawings are granted by the Commission on the basis of the date of acceptance of the declaration of entry into free circulation by the customs authorities of the Member State concerned, to the extent that the available balance so permits. If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota. If the quantities requested are greater than the available balance of the tariff quota, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission of the drawings made.
Article 4
Each Member State shall ensure that importers of the product concerned have equal and continuous access to the quota for such time as the residual balance of the quota volume so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply with effect from 1 January 1994.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 6 December 1993.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
*****
COMMISSION DECISION
of 10 January 1990
granting derogation to France and fixing the equivalent health conditions to be respected to cutting of fresh meat
(90/31/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (1), as last amended by Directive 88/657/EEC (2), and in particular Article 13 thereof,
Whereas, according to Article 13 of Directive 64/433/EEC in accordance with the procedure under Article 16, derogations from paragraph 45 (c) of Annex I may be granted, on request, to any Member State providing similar guarantees; whereas these derogations are to fix health conditions which are at least equivalent to those of the said Annex;
Whereas the authorities of France, by letter of 18 January 1989, have presented to the Commission a request for a derogation from paragraph 45 (c) of Annex I to Directive 64/433/EEC for cutting fresh beef, sheep and pigmeat; whereas this request proposes health conditions; whereas it is necessary that the health conditions fixed as alternative in the requested derogation on cutting of fresh meat be at least equivalent to those of paragraph 45 (c) of Annex I to Directive 64/433/EEC;
Whereas the health conditions proposed by France are equivalent to those laid down in paragraph 45 (c) of Annex I to Directive 64/433/EEC;
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
Notwithstanding paragraph 45 (c) of Annex I to Directive 64/433/EEC, France may authorize cutting of fresh beef, sheep and pigmeat under the conditions laid down in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 10 January 1990.
|
[
1,
0,
0,
0,
0,
0,
1,
0,
0,
0,
0
] |
*****
COMMISSION REGULATION (EEC) No 3089/87
of 15 October 1987
altering certain time limits given in Regulation (EEC) No 2262/87 laying down rules applying to the export of intervention butter for social use in developing countries
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 773/87 (2), and in particular Article 6 (7) thereof,
Whereas Commission Regulation (EEC) No 2262/87 (3), as amended by Regulation (EEC) No 2745/87 (4), lays down certain time limits before which the butter is to be taken over, exported or imported, possibly in the form of butteroil; whereas a delay in publishing Regulation (EEC) No 2745/87 makes these time limits too close; whereas they should be put back by one month;
Whereas the Management Committee for Milk and Milk Products has not issued an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 7a (7) of Regulation (EEC) No 2262/87 '1 October 1987' is replaced by '1 November 1987', '15 November 1987' by '15 December 1987' and '15 December 1987' by '15 January 1988'.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 October 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 October 1987.
|
[
0,
0,
0,
1,
0,
0,
0,
0,
0,
0,
0
] |
COMMISSION DECISION
of 15 September 1999
amending Decision 1999/507/EC on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia
(notified under document number C(1999) 2975)
(Text with EEA relevance)
(1999/643/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), as last amended by Directive 96/43/EC(2), and in particular Article 18(7) thereof,
(1) Whereas by Decision 1999/507/EC(3) the Commission has adopted protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia with regard to Nipah respective Hendra disease; whereas the test requirements for cats imported from Australia must be modified so as to allow the use of a validated diagnostic test for the detection of antibody against the Hendra disease virus;
(2) Whereas this Decision is in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The second indent of paragraph 2 of Article 3 of Decision 1999/507/EC is amended as follows:
1. The words "IgM and IgG capture ELISA test" are replaced by the words "serum neutralisation test".
2. The words "10 days" are replaced by the words "14 days".
Article 2
Member States shall amend the measures they apply with regard to Australia to bring them into line with this Decision.
They shall inform the Commission thereof.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 15 September 1999.
|
[
1,
0,
0,
1,
0,
0,
1,
0,
0,
0,
0
] |
COMMISSION DECISION
of 16 May 2007
amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC
(notified under document number C(2007) 2088)
(Text with EEA relevance)
(2007/362/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) and Article 29(2) thereof,
Whereas:
(1)
Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Pursuant to Directive 96/23/EC, the inclusion and retention on the lists of third countries from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive.
(2)
Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (2) lists those third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive.
(3)
Serbia has presented residue monitoring plans to the Commission for animals and products of animal origin not currently listed in Decision 2004/432/EC. The evaluation of those plans and the additional information obtained by the Commission provide sufficient guarantees on the residue monitoring in that third country for the animals and products concerned. The relevant animals and products of animal origin should therefore be included in the list for Serbia in that Decision.
(4)
Greenland, Namibia and Paraguay have asked not to be included in the list in Decision 2004/432/EC for certain categories of animals and products of animal origin. The entries concerning the relevant animals and products of animal origin should therefore be deleted from the list for those third countries.
(5)
Costa Rica and Vietnam, which are currently listed for certain animals or products of animal origin under Decision 2004/432/EC, have not submitted to the Commission the requested guarantees for some of these animals and products of animal origin. Moreover Food and Veterinary Office inspections in those third countries have revealed serious deficiencies concerning the residue monitoring for the animals and products concerned. The entries for the relevant animals and products of animal origin for those third countries should therefore be deleted in the list. The third countries concerned have been informed accordingly.
(6)
A transitional period should be laid down to cover consignments of animals and products originating in Costa Rica, Greenland, Namibia, Paraguay and Vietnam which were dispatched from those third countries for the Community, before the date of application of this Decision, to cover the time needed for their arrival in the Community.
(7)
Decision 2004/432/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
The Annex to Decision 2004/432/EC is replaced by the text in the Annex to this Decision.
Article 2
The amendments to the list in the Annex to Decision 2004/432/EC by the present Decision shall not apply to consignments of animals and products originating in Costa Rica, Greenland, Namibia, Paraguay and Vietnam where the importer of such products can demonstrate that they had been dispatched from the third country concerned and were en route to the Community before the date of application of the present Decision.
Article 3
This Decision shall apply from the seventh day following its publication in the Official Journal of the European Union.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 16 May 2007.
|
[
1,
0,
0,
1,
0,
1,
1,
0,
0,
0,
0
] |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.