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COMMISSION REGULATION (EC) No 970/2007
of 17 August 2007
amending Council Regulation (EC) No 1184/2005 imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1184/2005 of 18 July 2005 imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan (1), and in particular Article 9(1)(a) thereof,
Whereas:
(1)
Annex I to Regulation (EC) No 1184/2005 lists the natural or legal persons, entities or bodies covered by the freezing of funds and economic resources under that Regulation.
(2)
On 7 August 2007, the Sanctions Committee of the United Nations Security Council amended the list of persons, entities and bodies to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1184/2005 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, 17 August 2007.
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COUNCIL REGULATION (EU) No 1284/2009
of 22 December 2009
imposing certain specific restrictive measures in respect of the Republic of Guinea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215(1) and (2) thereof,
Having regard to Council Common Position 2009/788/CFSP of 27 October 2009 concerning restrictive measures against the Republic of Guinea (1), as amended by Council Decision 2009/1003/CFSP of 22 December 2009,
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,
Whereas:
(1)
Common Position 2009/788/CFSP provides for certain restrictive measures concerning members of the National Council for Democracy and Development (NCDD) and individuals associated with them, responsible for the violent repression of 28 September 2009 or the political stalemate in the country.
(2)
Those measures include the freezing of funds and economic resources of the natural or legal persons, entities and bodies listed in the Annex to the Common Position, as well as a prohibition on the provision of technical and financial assistance and other services related to military equipments to any natural or legal person, entity or body in, or for use in, the Republic of Guinea. The measures also include a prohibition on the sale, supply, transfer or export of equipment to the Republic of Guinea which could be used for internal repression.
(3)
Those measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, legislation at the level of the Union is necessary in order to implement them as far as the Union is concerned.
(4)
Any processing of personal data of natural persons under this Regulation should observe Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3).
(5)
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions shall apply:
(a)
‘equipment which might be used for internal repression’ means the goods listed in Annex I;
(b)
‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;
(c)
‘brokering services’ means the activities of persons, entities and partnerships acting as intermediaries by buying, selling or arranging the transfer of goods and technology, or negotiating or arranging transactions that involve the transfer of goods or technology;
(d)
‘funds’ means financial assets and benefits of every kind, including but not limited to:
(i)
cash, cheques, claims on money, drafts, money orders and other payment instruments;
(ii)
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
(iii)
publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
(iv)
interest, dividends or other income on or value accruing from or generated by assets;
(v)
credit, right of set-off, guarantees, performance bonds or other financial commitments;
(vi)
letters of credit, bills of lading, bills of sale;
(vii)
documents evidencing an interest in funds or financial resources;
(e)
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
(f)
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;
(g)
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
(h)
‘territory of the Union’ means the territories to which the Treaty is applicable, under the conditions laid down in the Treaty.
Article 2
It shall be prohibited:
(a)
to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;
(b)
to provide, directly or indirectly, technical assistance or brokering services related to the equipment referred to in point (a), to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;
(c)
to provide, directly or indirectly, financing or financial assistance related to the equipment referred to in point (a), to any natural or legal person, entity or body in, or for use in, the Republic of Guinea.
(d)
to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a), (b) or (c).
Article 3
It shall be prohibited:
(a)
to provide, directly or indirectly, technical assistance or brokering services related to goods and technology listed in the Common Military List of the European Union (4), or related to the provision, manufacture, maintenance and use of goods included in that list to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;
(b)
to provide, directly or indirectly, financing or financial assistance related to goods and technology listed in the Common Military List of the European Union including, in particular, grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;
(c)
to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) and (b).
Article 4
1. By way of derogation from Articles 2 and 3, the competent authorities of the Member States as indicated in the websites listed in Annex III, may authorise:
(a)
the sale, supply, transfer or export of equipment which might be used for internal repression, provided it is intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations (UN), the European Union, or for European Union and UN crisis management operations;
(b)
the provision of financing, financial assistance, technical assistance, brokering services and other services related to equipment or to programmes and operations referred to in point (a);
(c)
the provision of financing, financial assistance, technical assistance, brokering services and other services related to non-lethal military equipment intended solely for humanitarian or protective use, for institution-building programmes of the UN and the Union, or for European Union and UN crisis management operations.
(d)
the provision of financing, financial assistance, technical assistance, brokering services and other services related to non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the European Union and its Member States in the Republic of Guinea.
2. No authorisations shall be granted for activities that have already taken place.
Article 5
Articles 2 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to the Republic of Guinea by UN personnel, personnel of the European Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 6
1. All funds and economic resources belonging to, owned, held or controlled by the natural or legal persons, entities or bodies listed in Annex II shall be frozen.
2. No funds or economic resources shall be made available directly or indirectly to, or for the benefit of, the natural or legal persons, entities or bodies listed in Annex II.
3. Annex II shall consist of natural or legal persons, entities or bodies who, in accordance with Article 3a of Common Position 2009/788/CFSP, have been identified by the Council as being individual members of the National Council for Democracy and Development (NCDD) or natural or legal persons, entities or bodies associated with them.
4. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.
Article 7
The prohibitions set out in point (b) of Article 3 and in Article 6(2) shall not give rise to any liability of any kind on the part of the natural and legal persons, entities or bodies who made funds or economic resources available if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibition in question.
Article 8
1. By way of derogation from Article 6, the competent authorities of the Member States as indicated in the websites listed in Annex III may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:
(a)
necessary to satisfy the basic needs of persons listed in Annex II, and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
(b)
intended exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
(c)
intended exclusively for the payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or
(d)
necessary for extraordinary expenses, provided that the Member State has notified the grounds on which it considers that a specific authorisation should be granted to all other Member States and to the Commission at least two weeks prior to authorisation.
2. The relevant Member State shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 9
1. By way of derogation from Article 6, the competent authorities of the Member States as indicated in the websites listed in Annex III may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a)
the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established prior to the date on which the person, entity or body referred to in Article 6 was included in Annex II, or of a judicial, administrative or arbitral judgment rendered prior to that date;
(b)
the funds or economic resources in question will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
(c)
the lien or judgment is not for the benefit of a person, entity or body listed in Annex II; and
(d)
recognising the lien or judgment is not contrary to public policy in the Member State concerned.
2. The relevant Member State shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 10
1. Article 6(2) shall not prevent financial or credit institutions in the Union from crediting frozen accounts where they receive funds transferred to the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the relevant competent authority about any such transaction without delay.
2. Article 6(2) shall not apply to the addition to frozen accounts of:
(a)
interest or other earnings on those accounts; or
(b)
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 3 has been included in Annex II,
provided that any such interest, other earnings, payments or financial instruments are frozen in accordance with Article 6(1).
Article 11
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.
Article 12
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities or bodies shall:
(a)
supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 6, to the competent authorities of Member States as indicated in the websites listed in Annex III for the country where they are resident or located and shall transmit such information, directly or through the competent authority as indicated in the websites listed in Annex III, to the Commission; and
(b)
cooperate with that competent authority in any verification of this information.
2. Any additional information directly received by the Commission shall be made available to the Member State concerned.
3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
Article 13
The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 14
Annex II shall include, where available, information on listed natural persons for the purpose of identifying sufficiently the persons concerned.
Such information may include:
(a)
surname and given names, including alias names and titles, if any;
(b)
date and place of birth;
(c)
nationality;
(d)
passport and identity card numbers;
(e)
fiscal and social security numbers;
(f)
gender;
(g)
address or other information on whereabouts;
(h)
function or profession;
(i)
date of designation.
Annex II may also include information for identification purposes as set out above for family members of the persons listed, provided that this information is necessary in a specific case for the sole purpose of verifying the identity of the listed natural person in question.
Annex II shall also include the grounds for listing, such as occupation.
Article 15
1. The Commission shall be empowered to:
(a)
amend Annex II on the basis of decisions taken in respect of the Annex to Common Position 2009/788/CFSP; and
(b)
amend Annex III on the basis of information supplied by Member States.
2. The Commission shall state individual and specific reasons for the decisions taken pursuant to point (a) of paragraph 1, providing the individual, entity or body concerned with an opportunity to express his, her or its view on the matter.
3. The Commission shall process personal data in order to carry out its tasks under this Regulation and in accordance with the provisions of Regulation (EC) No 45/2001.
Article 16
1. 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.
2. Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 17
1. Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites listed in Annex III.
2. Member States shall notify the Commission of their competent authorities without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
3. Where there is, in this Regulation, a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex III.
Article 18
This Regulation shall apply:
(a)
within the territory of the Union, including its airspace;
(b)
on board any aircraft or any vessel under the jurisdiction of a Member State;
(c)
to any person inside or outside the territory of the Union who is a national of a Member State;
(d)
to any legal person, entity or body which is incorporated or constituted under the law of a Member State;
(e)
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 19
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, 22 December 2009.
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COMMISSION DECISION
of 22 January 2008
amending Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in Germany, Poland and Romania
(notified under document number C(2008) 55)
(Text with EEA relevance)
(2008/70/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks applicable in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (3), and in particular Article 63(3) thereof,
Whereas:
(1)
Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (4) lays down certain protection measures to be applied in order to prevent the spread of that disease, including the establishment of areas A and B following a suspected or confirmed outbreak of the disease.
(2)
Following outbreaks of highly pathogenic avian influenza of H5N1 subtype in Germany and Poland, Decision 2006/415/EC was last amended by Commission Decisions 2007/878/EC (5) and 2007/885/EC (6).
(3)
The protection measures taken by Germany pursuant to Decision 2006/415/EC, including the establishment of areas A and B, as provided for in Article 4 of that Decision, have now been reviewed within the framework of the Standing Committee on the Food Chain and Animal Health and can be confirmed.
(4)
As a further outbreak of the disease has occurred in Poland within the restricted area the duration of the measures should be modified to take account of the epidemiological situation.
(5)
Romania has notified to the Commission that due to the favourable disease situation in that Member State all control measures in relation to outbreaks of highly pathogenic avian influenza of the subtype H5N1 on their territory have been lifted by 31 December 2007 and therefore the establishment of areas A and B in that Member State in accordance with Article 4(2) of Decision 2006/415/EC is no longer necessary.
(6)
For reasons of clarity the Annex to Decision 2006/415/EC should be replaced in whole.
(7)
Decision 2006/415/EC should therefore be amended accordingly.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2006/415/EC is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 22 January 2008.
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COUNCIL REGULATION (EC) No 1679/2005
of 6 October 2005
amending Regulation (EEC) No 2075/92 on the common organisation of the market in raw tobacco
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Whereas:
(1)
Titles I and II of Regulation (EEC) No 2075/92 (3) establish a premium as well as a production limitation system for tobacco production.
(2)
Article 152 of Regulation (EC) No 1782/2003 (4), which has established common rules for direct support schemes under the common agricultural policy and certain support schemes for farmers, provides for the deletion of Titles I and II of Regulation (EEC) No 2075/92 as of 1 January 2005 but specifies that they shall continue to apply in respect of the 2005 harvest. The premium and production limitation schemes provided for in Regulation (EEC) No 2075/92 expire as from the end of the 2005 harvest.
(3)
Consequently a number of Articles of Regulation (EEC) No 2075/92 become obsolete and should be deleted for reasons of legal clarity and transparency.
(4)
It is therefore necessary to amend Regulation (EEC) No 2075/92 accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2075/92 is hereby amended as follows:
1.
Article 1 shall be replaced by the following:
‘Article 1
The common organisation of the market in raw tobacco shall cover raw or non-manufactured tobacco and tobacco refuse falling within CN heading 2401.’
;
2.
Articles 2, 12, 19, 25, 26 and 27 and the Annex shall be deleted;
3.
Article 13(2)(b) shall be replaced by the following:
‘(b)
specific measures to help tobacco growers to switch to other crops or other economic activities that create employment and studies of the possibilities for tobacco growers to do so,’;
4.
Article 14 shall be deleted;
5.
Article 14a shall be replaced by the following:
‘Article 14a
Detailed rules for the application of Article 13 shall be adopted in accordance with the procedure referred to in Article 23.’
;
6.
Article 17 shall be replaced by the following:
‘Article 17
1. Member States shall take all the necessary action to ensure and verify compliance with Community provisions concerning raw tobacco.
2. Detailed rules for the application of this Title shall be adopted in accordance with the procedure referred to in Article 23.’
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
Article 1(1), (2) and (6) shall apply from 1 January 2006.
However, the provisions necessary for the management and control of the premium system shall continue to apply in respect of the 2005 harvest.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 6 October 2005.
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COMMISSION REGULATION (EEC) No 1444/93 of 11 June 1993 repealing the Annex to Regulation (EEC) No 3805/92 establishing, for 1993, the list of vessels exceeding eight metres length overall and permitted to fish for sole within certain areas of the Community using beam trawls whose aggregate length exceeds nine metres
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (1), as last amended by Regulation (EEC) No 3034/92 (2),
Having regard to Commission Regulation (EEC) No 3554/90 of 10 December 1990 adopting provisions for the establishment of the list of vessels exceeding eight metres length overall which are permitted to fish for sole within certain areas of the Community using beam trawls on an aggregate length exceeding nine metres (3), and in particular Article 1 (1) thereof,
Whereas Article 9 (3) (c) of Regulation (EEC) No 3094/86 provides for a list to be drawn up annually of vessels exceeding eight metres length overall and permitted to fish for sole within the areas mentioned in point (a) of that paragraph using beam trawls of an aggregate length in excess of nine metres;
Whereas the list for 1993 was published in the Annex to Commission Regulation (EEC) No 3805/92 (4);
Whereas the authorities of certain Member States have requested amendments to the Annex to Regulation (EEC) No 3805/92 concerning vessels meeting the conditions laid down in Article 1 of that Regulation; whereas those amendments relate to the replacement, addition and/or withdrawal of vessels and to the technical characteristics of certain vessels on that list; whereas the requests from those national authorities contain all the information necessary pursuant to Article 2 of Regulation (EEC) No 3554/90; whereas an evaluation of that information shows that it complies with the abovementioned provision and whereas the list should accordingly be replaced,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 3805/92 is hereby replaced in accordance with the Annex hereto.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 June 1993.
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COMMISSION REGULATION (EC) No 2154/2005
of 23 December 2005
supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the ‘Register of protected designations of origin and protected geographical indications’(‘Sidra de Asturias’ or ‘Sidra d’Asturies’) [PDO]
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 6(3) and (4) thereof,
Whereas:
(1)
In accordance with Article 6(2) of Regulation (EEC) No 2081/92, the request from Spain to enter the name ‘Sidra de Asturias’ or ‘Sidra d’Asturies’ has been published in the Official Journal of the European Union (2).
(2)
Since the Commission has received no statement of objection pursuant to Article 7 of Regulation (EEC) No 2081/92, this name must be entered in the ‘Register of protected designations of origin and protected geographical indications’,
HAS ADOPTED THIS REGULATION:
Article 1
The name in the Annex to this Regulation is hereby added to the Annex to Commission Regulation (EC) No 2400/96 (3).
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, 23 December 2005.
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COMMISSION REGULATION (EC) No 276/2006
of 16 February 2006
fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 582/2004 of 26 March 2004 opening a standing invitation to tender for export refunds for skimmed milk powder (2) provides for a permanent tender.
(2)
Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 14 February 2006.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
For the permanent tender opened by Regulation (EC) No 582/2004, for the tendering period ending on 14 February 2006, the maximum amount of refund for the product and destinations referred to in Article 1(1) of that Regulation shall be 12,20 EUR/100 kg.
Article 2
This Regulation shall enter into force on 17 February 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2006.
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COMMISSION REGULATION (EC) No 1203/97 of 27 June 1997 amending Regulation (EEC) No 1445/76 specifying the different varieties of Lolium perenne L.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2358/71 of 26 October 1971 on common organization of the market in seeds (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and Regulation (EC) No 3290/94 (2), and in particular Article 3 (5) thereof,
Whereas Commission Regulation (EEC) No 1445/76 (3), as last amended by Regulation (EC) No 1108/96 (4), listed the varieties of Lolium perenne L. of high persistence, late or medium late, and of Lolium perenne L. of low persistence, medium late, medium early or early, within the meaning of the provisions adopted pursuant to Article 3 of Regulation (EEC) No 2358/71;
Whereas, since the last amendment of Regulation (EEC) No 1445/76, certified seed of certain varieties of Lolium perenne L. is no longer marketed, while certified seed of other varieties has appeared on the market and will be marketed for the first time during the 1997/98 marketing year; whereas, furthermore, the application of the classification criteria to certain varieties of Lolium perenne L. results in their inclusion in one of the abovementioned lists; whereas the Annexes to Regulation (EEC) No 1445/76 should therefore be amended accordingly;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Seeds,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EEC) No 1445/76 are hereby replaced by the Annexes to this Regulation.
Article 2
This Regulation shall enter into force on 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 1997.
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COMMISSION DECISION
of 23 May 2005
on emergency measures regarding chilli, chilli products, curcuma and palm oil
(notified under document number C(2005) 1454)
(Text with EEA relevance)
(2005/402/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1) thereof,
Whereas:
(1)
Under Regulation (EC) No 178/2002 the Commission is to suspend the placing on the market or use of a food or feed that is likely to constitute a serious risk to human health, or take any other appropriate interim measure when such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.
(2)
Under Commission Decision 2004/92/EC of 21 January 2004 on emergency measures regarding chilli and chilli products (2), Member States have carried out checks for the presence of the chemical substances Sudan I, Sudan II, Sudan III and Scarlet Red (Sudan IV). Those substances have been found in chilli and chilli products as well as curcuma or palm oil. All findings were notified through the Rapid Alert System for food and feed pursuant to Article 50 of Regulation (EC) No 178/2002.
(3)
Sudan I, Sudan II, Sudan III and Scarlet red (Sudan IV) have been classified as category 3 carcinogens by the International Agency for Research on Cancer (IARC).
(4)
The extent of the findings points to an adulteration constituting a serious health risk.
(5)
Given the seriousness of the health threat, it is necessary to maintain the measures provided for in Decision 2004/92/EC and to extend them to curcuma and palm oil. Moreover, account should be taken of the possibility of triangular trade, especially for food products for which there is no official certification of origin. In order to protect public health, it is appropriate to require that consignments of chilli, chilli products, curcuma and palm oil imported into the Community in whatever form, intended for human consumption, should be accompanied by an analytical report provided by the importer or food business operator concerned demonstrating that the consignment does not contain Sudan I, Sudan II, Sudan III or Scarlet red (Sudan IV).
(6)
The analytical report accompanying the consignments of chilli, chilli products, curcuma and palm oil should be an original document endorsed by the competent authorities from the country emitting the document. These measures aim to improve the guarantees offered by the document.
(7)
Member States should also be required to carry out random sampling and analysis of chilli, chilli products, curcuma and palm oil presented for importation or already on the market.
(8)
It is appropriate to order the destruction of adulterated chilli, chilli products, curcuma and palm oil to avoid their introduction into the food chain.
(9)
Since the measures provided for in this Decision have an impact on the control resources of the Member States, the results of these measures should be reviewed within 12 months in order to assess whether they are still necessary for the protection of public health.
(10)
That review should take account of the results of all analyses carried out by the competent authorities.
(11)
Transitional measures are necessary for consignments of chilli, chilli products, curcuma and palm oil imported before the date of publication of this Decision.
(12)
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
Definitions
For the purposes of this Decision the following definitions shall apply:
(a)
‘chilli’, fruits of the genus Capsicum, dried and crushed or ground within CN Code 0904 20 90, in whatever form, intended for human consumption and
(b)
‘chilli products’, curry powder within CN Code 0910 50, in whatever form, intended for human consumption and
(c)
‘curcuma’, curcuma dried and crushed or ground within CN Code 0910 30, in whatever form, intended for human consumption and
(d)
‘palm oil’, palm oil within CN Code 1511 10 90, intended for direct human consumption.
Article 2
Imports conditions
1. Member States shall prohibit the import of chilli, chilli products, curcuma and palm oil unless an original analytical report accompanying the consignment demonstrates that the product does not contain any of the following chemical substances:
(a)
Sudan I (CAS Number 842-07-9),
(b)
Sudan II (CAS Number 3118-97-6),
(c)
Sudan III (CAS Number 85-86-9),
(d)
Scarlet Red or Sudan IV (CAS Number 85-83-6).
2. The analytical report shall be endorsed by a representative of the relevant competent authority.
3. The competent authorities in the Member States shall check that each consignment of chilli, chilli products, curcuma and palm oil presented for importation is accompanied by an analytical report as provided for in paragraph 1.
4. In the absence of such an analytical report as provided for in paragraph 1, the importer established in the Community shall have the product tested to demonstrate that it does not contain one or more of the chemical substances referred to in paragraph 1. Pending availability of the analytical report, the product shall be detained under official supervision.
Article 3
Sampling and analysis
1. Member States shall take appropriate measures, including random sampling and analysis of chilli, chilli products, curcuma and palm oil presented for importation or already on the market in order to verify the absence of the chemical substances referred to in Article 2(1).
Member States shall inform the Commission through the Rapid Alert System for food and feed of all consignments which are found to contain those substances.
Member States shall report to the Commission on a quarterly basis on the consignments which were found not to contain those substances. These reports shall be submitted before the end of the month following that quarter.
2. Any consignment subjected to official sampling and analysis may be detained before release onto the market for a maximum period of 15 working days.
Article 4
Splitting of a consignment
If a consignment is split, a certified copy of the analytical report provided for in Article 2(1) shall accompany each part of the split consignment.
Article 5
Adulterated consignments
Chilli, chilli products, curcuma and palm oil that are found to contain one or more of the chemical substances referred to in Article 2(1) shall be destroyed.
Article 6
Recovery of costs
All costs resulting from analysis, storage or destruction pursuant to Article 2(1) or (4) and Article 5 shall be borne by the importers or food business operators concerned.
Article 7
Transitional measures
1. By derogation from Article 2(2), for consignments which left the country of origin before the date of publication of this Decision, Member States shall accept the analytical report for the products listed in Article 1(a) and 1(b) without the official endorsement referred to in that provision.
2. By derogation from Article 2(1), for consignments which left the country of origin before the date of publication of this Decision, Member States shall accept the imports for the products listed in Article 1(c) and 1(d) without the analytical report referred to in that provision.
Article 8
Review of the measures
This Decision shall be reviewed by 22 May 2006 at the latest.
Article 9
Repealing
Decision 2004/92/EC is repealed.
Article 10
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 23 May 2005.
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Commission Regulation (EC) No 361/2003
of 27 February 2003
concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1582/2002
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,
Having regard to Commission Regulation (EC) No 1582/2002 of 5 September 2002 on a special intervention measure for cereals in Finland and Sweden(6), as amended by Regulation (EC) No 2329/2002(7), and in particular Article 8 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries was opened pursuant to Regulation (EC) No 1582/2002.
(2) According to Article 8 of Regulation (EC) No 1582/2002 the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to 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 21 to 27 February 2003 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1582/2002.
Article 2
This Regulation shall enter into force on 28 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 2003.
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COMMISSION REGULATION (EEC) No 2868/93 of 20 October 1993 amending Annex X to Regulation (EEC) No 3587/86 fixing the conversion factors to be applied to the buying-in prices for fruit and vegetables as regards apples
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 638/93 (2), and in particular Article 16 (4) thereof,
Whereas Annex X to Commission Regulation (EEC) No 3587/86 (3), as last amended by Regulation (EEC) No 2610/93 (4), fixes the conversion factors to be applied to the buying-in prices for apples with different commercial characteristics from those used for fixing the basic prices;
Whereas information received by the Commission has shown that the production quotations of the variety 'Gala' are equal or higher than the quotation of those varieties being used for fixing the basic prices; whereas the mutations of the variety 'Gala' have practically identical characteristics and consequently should be grouped together;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Annex X 'Apples' to Regulation (EEC) No 3587/86 is hereby amended as follows:
in the first indent of '(a) variety', 'Gala and mutations' is added after 'Elstar'.
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, 20 October 1993.
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COUNCIL REGULATION (EC) No 1380/95
of 12 June 1995
amending Regulation (EEC) No 990/93 with a view to authorizing the export of certain goods to the Federal Republic of Yugoslavia (Serbia and Montenegro)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 228a thereof,
Having regard to the common position of 12 June 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on the suspension of certain restrictions on trade with the Federal Republic of Yugoslavia (Serbia and Montenegro) (1),
Having regard to the proposal from the Commission,
Whereas the United Nations Security Council decided in Resolution 992 (1995) that the importation into the Federal Republic of Yugoslavia (Serbia and Montenegro) of supplies essential to the repair of the locks on the right bank of the Danube might be approved in accordance with the procedures of the Committee established pursuant to Resolution 724 (1991) at a meeting or meetings of the Committee;
Whereas as a result the Community must amend its existing legislation accordingly, and in particular Council Regulation (EEC) No 990/93 of 26 April 1993 concerning trade between the European Economic Community and the Federal Republic of Yugoslavia (Serbia and Montenegro) (2);
Whereas in order to enable Community economic operators to participate in preparation for the repair of the relevant locks, provision should be made for this Regulation to apply as from the day following the date of adoption of the said Resolution,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 990/93 is hereby amended as follows:
1. the following shall be added to Article 2 (b):
'nor to the supplies essential to the repair of the locks on the right bank of the Danube, where this is approved by the Committee under its procedures';
2. the following shall be added to Article 5 (a):
'and exports of supplies essential to the repair of the locks on the right bank of the Danube, in accordance with Article 2 (b) of this Regulation'.
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 as from 12 May 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 12 June 1995.
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Directive 2002/84/EC of the European Parliament and of the Council
of 5 November 2002
amending the Directives on maritime safety and the prevention of pollution from ships
(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 80(2) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having regard to the opinion of the Committee of the Regions(3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),
Whereas:
(1) The Directives in force in the field of maritime safety make reference to the committee set up by Council Directive 93/75/EEC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods(5) and, in certain cases, to an ad hoc committee set up by the pertinent directive. These committees were governed by the rules set out in Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).
(2) Decision 87/373/EEC has been replaced by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7). The measures required to implement the Directives in force in the field of maritime safety should be adopted in accordance with Council Decision 1999/468/EC.
(3) Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002, establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(8) centralises the tasks of the committees established under the pertinent Community legislation on maritime safety, the prevention of pollution from ships and the protection of shipboard living and working conditions.
(4) Council Directives 93/75/EEC, 94/57/EC(9), 95/21/EC(10), 96/98/EC(11), 97/70/EC(12), 98/18/EC(13), 98/41/EC(14), 1999/35/EC(15), and Directives 2000/59/EC(16), 2001/25/EC(17) and 2001/96/EC(18) of the European Parliament and of the Council in the field of maritime safety should therefore be amended in order to replace the existing committees by COSS.
(5) The aforementioned Directives should also be amended in order to apply to them the amendment procedures laid down by Regulation (EC) No 2099/2002 and the relevant provisions of that Regulation designed to facilitate their adaptation to take account of changes to the international instruments referred to in Community legislation in the field of maritime safety,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Purpose
The purpose of this Directive is to improve the implementation of Community legislation on maritime safety, the prevention of pollution from ships and shipboard living and working conditions:
(a) by making reference to the COSS;
(b) by accelerating the update and facilitating the amendment of such legislation in the light of developments in the international instruments applicable in the field of maritime safety, prevention of pollution from ships and shipboard living and working conditions, pursuant to Regulation (EC) No 2099/2002.
Article 2
Amendment to Directive 93/75/EEC
Directive 93/75/EEC is hereby amended as follows:
1. in Article 2, points (e), (f), (g), (h) and (i) shall be replaced by the following:
"(e) 'Marpol 73/78' means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 relating thereto, in their up-to-date versions;
(f) 'IMDG Code' means the International Maritime Dangerous Goods Code, in its up-to-date version;
(g) 'IBC Code' means the IMO International Code for construction and equipment of ships carrying dangerous chemicals in bulk, in its up-to-date version;
(h) 'IGC Code' means the IMO International Code for the construction and equipment of ships carrying liquefied gases in bulk, in its up-to-date version;
(i) 'INF Code' means the IMO code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships, in its up-to-date version";
2. the following subparagraph shall be added to Article 11:"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(19).";
3. Article 12 shall be replaced by the following:
"Article 12
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(20) shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure."
Article 3
Amendment to Directive 94/57/EC
Directive 94/57/EC is hereby amended as follows:
1. in Article 2(d), the words "in force on 19 December 2001" shall be replaced by "in its up-to-date version";
2. in Article 7, point 1 shall be replaced by the following:
"1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(21).";
3. the following subparagraph shall be added to Article 8(2):"The amendments to the international instruments referred to in Article 2(d) and Article 6 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002."
Article 4
Amendment to Directive 95/21/EC
Directive 95/21/EC is hereby amended as follows:
1. Article 2 shall be amended as follows:
(a) in point 1, the words "in force on 19 December 2001" shall be replaced by "in its up-to-date version";
(b) in point 2, the words "as it stands on 19 December 2001" shall be replaced by "in its up-to-date version";
2. in Article 18, point 1 shall be replaced by the following:
"1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(22).";
3. Article 19 is hereby amended as follows:
(a) point (c) shall be replaced by the following:
"(c) update, in Article 2(1), the list of international conventions which are relevant for the purposes of this Directive."
(b) the following subparagraph shall be added:"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002."
Article 5
Amendment to Directive 96/98/EC
Directive 96/98/EC is hereby amended as follows:
1. in Article 2, points (c), (d) and (n), the words "in force on 1 January 2001" shall be replaced by "in its up-to-date version";
2. Article 17 shall be replaced by the following:
"Article 17
This Directive may be amended in accordance with the procedure laid down in Article 18(2), in order:
- to apply subsequent amendments of international instruments for the purposes of this Directive,
- to update Annex A, both by introducing new equipment and by transferring equipment from Annex A.2 to Annex A.1 and vice versa,
- to add the possibility of using modules B and C and module H for equipment listed in Annex A.1, and by amending the columns for the conformity assessment modules,
- to include other standardisation organisations in the definition of 'testing standards' in Article 2.
The conventions and testing standards referred to in points (c), (d) and (n) of Article 2 shall be understood without prejudice to any measures taken in application of Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002, establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(23).";
3. Article 18 shall be replaced by the following:
"Article 18
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(24) shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure."
Article 6
Amendment to Directive 97/70/EC
Directive 97/70/EC is hereby amended as follows:
1. the following subparagraph shall be added to Article 8:"The amendments to the international instrument referred to in Article 2(4) may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(25).";
2. Article 9 shall be replaced by the following:
"Article 9
Committee
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(26) shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure."
Article 7
Amendment to Directive 98/18/EC
Directive 98/18/EC is hereby amended as follows:
1. in Article 2, points (a), (b), (c), (d) and (f) shall be replaced by the following:
"(a) 'International Conventions' means the 1974 International Convention for the Safety of Life at Sea (the 1974 Solas Convention), and the 1966 International Convention on Load Lines, together with Protocols and amendments thereto, in their up-to-date versions;
(b) 'Intact Stability Code' means the 'Code on Intact Stability for all types of ships covered by IMO Instruments' contained in IMO Assembly Resolution A.749(18) of 4 November 1993, in its up-to-date version;
(c) 'High Speed Craft Code' means the 'International Code for Safety of High Speed Craft' contained in IMO Maritime Safety Committee Resolution MSC 36 (63) of 20 May 1994, in its up-to-date version;
(d) 'GMDSS' means the Global Maritime Distress and Safety System as laid down in Chapter IV of the 1974 Solas Convention, in its up-to-date version;
(...)
(f) 'a high speed passenger craft' means a high speed craft as defined in Regulation X/1 of the 1974 Solas Convention, in its up-to-date version, which carries more than 12 passengers; passenger ships engaged on domestic voyages in sea areas of Class B, C or D shall not be considered as high speed passenger craft when:
- their displacement corresponding to the design waterline is less than 500 m3, and
- their maximum speed, as defined in paragraph 1.4.30 of the High Speed Craft Code, is less than 20 knots;"
2. in Article 6(1), points (b) and (c), Article 6(2), point (a)(i), and Article 6(3), point (a), the words as amended at the date of adoption of this Directive shall be replaced by in its up-to-date version;
3. Article 8 shall be replaced by the following:
"Article 8
Adaptations
In accordance with the procedure laid down in Article 9(2):
(a) (i) the definitions in Article 2(a), (b), (c), (d) and (t); and
(ii) the provisions relating to procedures and guidelines for surveys referred to in Article 10;
(iii) the provisions concerning the Solas Convention and the International Code of Safety of High Speed Craft, and including its subsequent amendments laid down in Articles 4.3, 6.4, 10.3 and 11.3; and
(iv) the specific references to the 'International Conventions' and IMO resolutions referred to in Articles 2(f), (k) and (o), 3.2(a), 6.1(b) and (c), 6.2(b) and 11.3,
may be adapted in order to take account of developments at international level, in particular within IMO;
(b) Annexes may be amended in order to:
(i) apply, for the purpose of this Directive, amendments made to international conventions;
(ii) improve the technical specifications thereof, in the light of experience.
The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(27).";
4. Article 9 shall be replaced by the following:
"Article 9
Committee
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(28) shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure."
Article 8
Amendment to Directive 98/41/EC
Directive 98/41/EC is hereby amended as follows:
1. in Article 2, third indent, the words "as in force at the time of the adoption of this Directive" shall be replaced by the words "in its up-to-date version";
2. the following subparagraph shall be added to Article 12:"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(29).";
3. Article 13 shall be replaced by the following:
"Article 13
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002.
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(30) hall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure."
Article 9
Amendment to Directive 1999/35/EC
Directive 1999/35/EC is hereby amended as follows:
1. in Article 2, points (b), (d), (e) and (o) shall be replaced by the following:
"(b) 'High Speed Passenger Craft' shall mean a high speed craft as defined in Regulation X/1 of the 1974 Solas Convention, in its up-to-date version, which carries more than 12 passengers;
(...)
(d) '1974 Solas Convention' shall mean the International Convention for the Safety of Life at Sea, together with Protocols and amendments thereto, in its up-to-date version;
(e) 'High Speed Craft Code' shall mean the 'International Code for Safety of High Speed Craft' contained in IMO Maritime Safety Committee Resolution MSC 36 (63) of 20 May 1994, in its up-to-date version;
(...)
(o) 'company' shall mean a company operating one or more ro-ro ferries to which a document of compliance has been issued in compliance with Article 5(2) of Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll on roll off passenger ferries (ro-ro ferries) or a company operating high speed passenger craft, to which a document of compliance has been issued in accordance with Regulation IX/4 of the 1974 Solas Convention, in its up-to-date version";
2. Article 16 shall be replaced by the following:
"Article 16
Committee
1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(31).
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(32) shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure.";
3. the following subparagraph shall be added to Article 17:"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002";
4. Annex I is hereby amended as follows:
in point 7, the words "MSC Resolution... (70)" shall be replaced by the words "IMO Assembly Resolution A.893(21)".
Article 10
Amendment to Directive 2000/59/EC
Directive 2000/59/EC is hereby amended as follows:
1. in Article 2(b) the words "as in force at the date of adoption of this Directive" shall be replaced by "in its up-to-date version";
2. Article 14(1) shall be replaced by the following:
"1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(33).";
3. the following paragraph shall be added to Article 15:"The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002."
Article 11
Amendment to Directive 2001/25/EC
Directive 2001/25/EC is hereby amended as follows:
1. in Article 1, points 16, 17, 18, 21, 22, 23 and 24 shall be replaced by the following:
"16. 'chemical tanker' shall mean a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code, in its up-to-date version;
17. 'liquefied-gas tanker' shall mean a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the International Gas Carrier Code, in its up-to-date version;
18. 'Radio Regulations' shall mean the revised radio regulations, adopted by the World Administrative Radio Conference for the Mobile Service in their up-to-date version;
(...)
21. 'STCW Convention' shall mean the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers as it applies to the matters concerned taking into account the transitional provisions of Article VII and Regulation I/15 of the Convention and including, where appropriate, the applicable provisions of the STCW code, all being applied in its up-to-date version;
22. 'radio duties' shall include, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the International Convention for the Safety of Life at Sea (1974), (Solas Convention) and, at the discretion of each Member State, the relevant recommendations of the International Maritime Organisation (IMO), in their up-to-date versions;
23. 'ro-ro passenger ship' shall mean a passenger ship with ro-ro cargo spaces or special-category spaces as defined in the Solas Convention, in its up-to-date version;
24. 'STCW Code' shall mean the Seafarers' Training, Certification and Watchkeeping (STCW) Code as adopted by Resolution 2 of the 1995 STCW Conference of Parties, in its up-to-date version";
2. the following paragraph shall be added to Article 22:
"4. The amendments to the international instruments referred to in Article 1 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(34)."
3. in Article 23, point 1 shall be replaced by the following:
"1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002."
Article 12
Amendment to Directive 2001/96/EC
Directive 2001/96/EC is hereby amended as follows:
1. in Article 3(2), the words "in force on 4 December 2001" shall be replaced by "in its up-to-date version";
2. in Article 14, point 1 shall be replaced by the following:
"1. The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS)(35).";
3. the following paragraph shall be added to Article 15:
"3. The amendments to the international instruments referred to in Article 3 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002."
Article 13
Implementation
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 23 November 2003. They shall forthwith inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall notify to the Commission the main provisions of their national law which they adopt in the field governed by this Directive.
Article 14
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 15
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 5 November 2002.
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COMMISSION REGULATION (EC) No 182/2005
of 2 February 2005
determining the extent to which applications for import rights lodged in respect of the quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland, provided for in Regulation (EC) No 2124/2004, can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),
Having regard to Commission Regulation (EC) No 2124/2004 of 14 December 2004 laying down detailed rules for the application of an import tariff quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland provided for in Council Regulation (EC) No 1922/2004 (2), and in particular in the first sentence of Article 4(2) thereof,
Whereas:
(1)
Article 1(1) of Regulation (EC) No 2124/2004 fixes at 4 600 head the quantity of the quota in respect of which Community importers can lodge an application for import rights in accordance with Article 3 of that Regulation.
(2)
Since the import rights applied for exceed the available quantity referred to in Article 1(1) of Regulation (EC) No 2124/2004, a unique reduction coefficient should be fixed for quantities tendered,
HAS ADOPTED THIS REGULATION:
Article 1
Each application for import rights lodged in accordance with Article 3(3) of Regulation (EC) No 2124/2004 shall be accepted at a rate of 13,10541 % of the import rights applied for.
Article 2
This Regulation shall enter into force on 3 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 2005.
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Commission Directive 2002/48/EC
of 30 May 2002
amending Council Directive 91/414/EEC to include iprovalicarb, prosulfuron and sulfosulfuron as active substances
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2002/37/EC(2), and in particular Article 6(1) thereof,
Whereas:
(1) In accordance with Article 6(2) of Directive 91/414/EEC, Ireland received on 30 March 1998 an application from Bayer AG for the inclusion of the active substance iprovalicarb in Annex I to the Directive. By Commission Decision 98/512/EC(3) it was confirmed that the dossier was "complete" in the sense that it could be considered as satisfying, in principle, the data and information requirements laid down in Annexes II and III to Directive 91/414/EEC.
(2) France received a similar application on 14 May 1995 from Novartis, now Syngenta, concerning prosulfuron. This application was declared complete by Commission Decision 97/137/EC(4).
(3) Ireland received a similar application on 24 April 1997 from Monsanto concerning sulfosulfuron. This application was declared complete by Commission Decision 97/865/EC(5).
(4) For these three active substances, the effects on human health and the environment have been assessed, in accordance with Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The nominated rapporteur Member States submitted draft assessment reports concerning the substances to the Commission on 4 November 1999 (iprovalicarb), 18 January 1999 (prosulfuron), and 2 April 1998 (sulfosulfuron), respectively.
(5) The draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The reviews were finalised on 26 February 2002 in the format of the Commission review reports for iprovalicarb, prosulfuron and sulfosulfuron.
(6) The dossier and the information from each of the reviews were submitted to the Scientific Committee for Plants. As regards iprovalicarb, the Committee was asked to comment on the acceptability of the risk of metabolite PMPA on earthworms and on the relevance to humans of tumours which were observed in rats after lifetime exposure to high doses. In two opinions(6)(7), the Committee identified the need for further data on earthworms, which were subsequently provided and assessed, and concluded that concerning the effects observed in rats sufficient safety margins exist to ensure protection of consumers and operators. The observations of the Scientific Committee were taken into consideration in formulating this Directive and the relevant review report.
(7) With respect to prosulfuron, the Committee was asked to comment on the acceptability of the risk of two breakdown products of the active substance to sediment dwelling organisms and on possible hormonal disruption effects observed in test animals. In its opinion(8) the Committee concluded that certain uterine and mammary changes, which were observed in rats after lifetime exposure are not considered relevant for human risk assessment of prosulfuron in the context of its intended uses. The Committee further commented that risks of the two breakdown products to sediment-dwelling species were not yet adequately assessed and noted that other persistent metabolites are formed in significant quantities in sediment-water tests which also did not appear to have been assessed. The pending information and assessments were subsequently provided and the observations of the Scientific Committee were taken into consideration in formulating this Directive and the relevant review report.
(8) With respect to sulfosulfuron the Committee was asked for its opinion on the occurrence of bladder tumours in the 18 months mouse study; to consider whether it would be appropriate to establish an acute reference dose for sulfosulfuron; to confirm that a sub-lethal study for earthworms is unnecessary, notwithstanding the persistence of the soil metabolites. In its opinion(9) the Committee considered that the lesions observed in mice do not predict a carcinogenic hazard to humans and saw no need to establish an acute reference dose. It was further concluded that no significant long term risks to earthworms are likely to arise. The Committee further highlighted the need to assess the potential environmental impact of three unidentified metabolites. This information was subsequently provided and the requested assessments were made.
(9) It has appeared from the various examinations made that plant protection products containing the active substances concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing the active substances concerned, can be granted in accordance with the provisions of the said Directive.
(10) The Commission review report is required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. It is, therefore, appropriate to provide that the finalised review reports, except for confidential information, should be kept available or made available by the Member States for consultation by any interested parties.
(11) After inclusion, Member States should be allowed a reasonable period to implement the provisions of Directive 91/414/EEC as regards plant protection products containing iprovalicarb, prosulfuron or sulfosulfuron and in particular to review existing provisional authorisations and, by the end of this period at the latest, to transform those authorisations into full authorisations, to amend them or to withdraw them in accordance with the provisions of Directive 91/414/EEC.
(12) It is therefore appropriate to amend Directive 91/414/EEC 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
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Article 2
Member States shall keep available the review reports for iprovalicarb, prosulfuron, and sulfosulfuron, except for confidential information within the meaning of Article 14 of Directive 91/414/EEC, for consultation by any interested parties or shall make it available to them on specific request.
Article 3
Member States shall adopt and publish by 31 December 2002 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 January 2003.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall 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 4
1. Member States shall review the authorisation for each plant protection product containing iprovalicarb, prosulfuron, or sulfosulfuron, to ensure that the conditions relating to these active substances set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw the authorisation in accordance with Directive 91/414/EEC before 31 December 2002.
2. Member States shall, for each authorised plant protection product containing iprovalicarb, prosulfuron, or sulfosulfuron, as either the only active substance or as one of several active substances, all of which were listed in Annex I to Directive 91/414/EEC by 1 July 2002, re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III thereto. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Where necessary and by 31 December 2003 at the latest, they shall amend or withdraw the authorisation for each such plant protection product.
Article 5
This Directive shall enter into force on 1 July 2002.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 30 May 2002.
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COUNCIL REGULATION (EC) No 49/98 of 19 December 1997 allocating, for 1998, certain catch quotas between Member States for vessels fishing in Faroese waters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (2), the two Parties have held consultations on their mutual fishing rights for 1998;
Whereas, as a result of these consultations, the two Parties have agreed on an arrangement for 1998 whereby certain catch quotas are allocated to Community vessels in the Faroese fishing zone;
Whereas, to ensure efficient management of the catch possibilities available, they should be allocated among Member States as quotas in accordance with Article 8 of Regulation (EEC) No 3760/92;
Whereas the fishing activities covered by this Regulation are subject to the relevant control measures provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3);
Whereas additional conditions for the year-to-year management of TACs and quotas, in accordance with the provisions laid down in Article 2 of Regulation (EC) No 847/96 (4), were not agreed with the Faroe Islands;
Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1998,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1998 catches taken by vessels flying the flag of a Member State in the waters falling within the fisheries jurisdiction of the Faroe Islands, under the arrangement on reciprocal fishing rights for 1998 between the Community and the Faroe Islands, shall not exceed the quotas set out in the Annex hereto.
Article 2
Fishing quotas referred to in the Annex shall not be subject to the conditions laid down in Articles 2, 3 and 5(2) of Regulation (EC) No 847/96.
Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1997.
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COMMISSION REGULATION (EC) No 1525/2004
of 26 August 2004
fixing the export refunds on syrups and certain other sugar products exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,
Whereas:
(1)
Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund.
(2)
Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.
(3)
Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (3), to the products listed in the Annex to the last mentioned Regulation.
(4)
According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements.
(5)
According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.
(6)
Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.
(7)
The abovementioned refunds must be fixed every month; they may be altered in the intervening period.
(8)
The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.
(9)
The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial in nature.
(10)
In order to prevent any abuses associated with the reimportation into the Community of sugar sector products that have qualified for export refunds, refunds for the products covered by this Regulation should not be fixed for all the countries of the western Balkans.
(11)
In view of the above, refunds for the products in question should be fixed at the appropriate amounts.
(12)
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 export refunds on the products listed in Article 1(1)(d), (f), (g) and (h) of Regulation (EC) No 1260/2001, exported in the natural state, shall be set out in the Annex hereto to this Regulation.
Article 2
This Regulation shall enter into force on 27 August 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 August 2004.
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Commission Regulation (EC) No 1394/2003
of 4 August 2003
prohibiting fishing for plaice by vessels flying the flag of Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (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 806/2003(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2341/2002 of 20 December 2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required(3), as last amended by Regulation (EC) No 1091/2003(4), lays down quotas for plaice for 2003.
(2) In order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated.
(3) According to the information received by the Commission, catches of plaice in the waters of ICES zone VII f, g, by vessels flying the flag of Belgium or registered in Belgium have exhausted the quota allocated for 2003. Belgium has prohibited fishing for this stock from 24 July 2003. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of plaice in the waters of ICES zone VII f, g, by vessels flying the flag of Belgium or registered in Belgium are hereby deemed to have exhausted the quota allocated to Belgium for 2003.
Fishing for plaice in the waters of ICES zone VII f, g, by vessels flying the flag of Belgium or registered in Belgium is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 24 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 August 2003.
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Commission Regulation (EC) No 180/2002
of 31 January 2002
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 February 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 January 2002.
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Commission Regulation (EC) No 1121/2001
of 7 June 2001
fixing the adjustment coefficients to be applied to each traditional operator's reference quantity under the tariff quotas for imports of bananas
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas(1), as last amended by Regulation (EC) No 216/2001(2),
Having regard to Commission Regulation (EC) No 896/2001 of 7 May 2001 laying down detailed rules for the implementation of Council Regulation (EEC) No 404/93 regarding imports of bananas into the Community(3), and in particular Article 5(2) thereof,
Whereas:
(1) Under Article 5(2) of Regulation (EC) No 896/2001, in the light of the total quantities available under tariff quotas A/B and C and of the information received from the Member States on the sum of the reference quantities established for traditional operators A/B and for traditional operators C respectively in accordance with Article 4(1) and (2) of that Regulation, the Commission is to set, where appropriate, a single adjustement coefficient to be applied to each operator's reference quantity.
(2) According to the information sent by the Member States under Article 5(1) of Regulation (EC) No 896/2001, the sum of the reference quantities is 1964154 tonnes for traditional operators A/B and 725180 tonnes for traditional operators C. An adjustment coefficient must therefore be fixed to be applied to each operator's reference quantity in each of the two categories of traditional operator.
(3) It should be recalled that, for the second half of 2001, the reference quantity for each traditional operator is subject to Article 28(2) of Regulation (EC) No 896/2001.
(4) This Regulation must enter into force without delay, taking into account the deadlines laid down by Regulation (EC) No 896/2001.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the tariff quotas A/B and C provided for in Article 18 of Regulation (EEC) No 404/93, the adjustment coefficient provided for in Article 5(2) of Regulation (EC) No 896/2001 shall be:
- for each traditional operator A/B: 1,07883,
- for each traditional operator C: 0,97286.
2. For the second half of 2001, the reference quantity for each traditional operator etablished in accordance with Article 4 of Regulation (EC) No 896/2001 shall, following the appliction of paragraph 1, be adjusted by the coefficient laid down in Article 28(2) of Regulation (EC) No 896/2001.
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, 7 June 2001.
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COUNCIL DIRECTIVE of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (80/154/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49, 57 and 66 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, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to establishment and provision of services is prohibited as from the end of the transitional period ; whereas the principle of such treatment based on nationality applies in particular to the grant of any authorization required to practise as a midwife and also to the registration with or membership of professional organizations or bodies;
Whereas it nevertheless seems desirable that certain provisions be introduced to facilitate the effective exercise of the right of establishment and freedom to provide services in respect of the activities of midwives;
Whereas, pursuant to the Treaty, the Member States are required not to grant any form of aid likely to distort the conditions of establishment;
Whereas Article 57 (1) of the Treaty provides that Directives be issued for mutual recognition of diplomas, certificates and other evidence of formal qualifications;
Whereas it would appear advisable that, contemporaneously with the mutual recognition of diplomas, provision should be made for coordinating the conditions governing the training of midwives ; whereas such coordination is the subject of Directive 80/155/EEC (4);
Whereas in the Member States the law makes the right to take up and pursue the activities of midwife dependent upon the possession of a midwifery diploma;
Whereas, with regard to the possession of a formal certificate of training, since a Directive on the mutual recognition of diplomas does not necessarily imply equivalence in the training covered by such diplomas, the use of such qualifications should be authorized only in the language of the Member State of origin or of the Member State from which the foreign national comes;
Whereas, to facilitate the application of this Directive by the national authorities, Member States may prescribe that, in addition to formal certificates of training, the person who satisfies the conditions of (1)OJ No C 18, 12.2.1970, p. 1. (2)OJ No C 101, 4.8.1970, p. 26. (3)OJ No C 146, 11.12.1970, p. 17. (4)See page 8 of this Official Journal. training required by this Directive must provide a certificate from the competent authorities of his country of origin or of the country from which he comes stating that these certificates of training are those covered by the Directive;
Whereas, in the case of the provision of services, the requirement of registration with or membership of professional organizations or bodies, since it is related to the fixed and permanent nature of the activity pursued in the host country, would undoubtedly constitute an obstacle to the person wishing to provide the service, by reason of the temporary nature of his activity ; whereas this requirement should therefore be abolished ; whereas however, in this event, control over professional discipline, which is the responsibility of these professional organizations or bodies, should be guaranteed ; whereas, to this end, it should be provided, subject to the application of Article 62 of the Treaty, that the person concerned may be required to submit to the competent authority of the host Member State particulars relating to the provision of services;
Whereas, with regard to the requirements relating to good character and good repute, a distinction should be drawn between the requirements to be satisfied on first taking up the profession and those to be satisfied to practise it;
Whereas, as far as the activities of employed midwives are concerned, Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1) lays down no specific provisions relating to good character or good repute, professional discipline or use of title for the professions covered ; whereas, depending on the individual Member State, such rules are or may be applicable both to employed and self-employed persons ; whereas the activities of midwives are subject in all Member States to possession of a diploma, certificate or other evidence of formal qualification in midwifery ; whereas such activities are pursued by both employed and self-employed persons, or by the same persons in both capacities in the course of their professional career ; whereas, in order to encourage as far as possible the free movement of those professional persons within the Community, it therefore appears necessary to extend this Directive to employed midwives,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE
Article 1
1. This Directive shall apply to the activities of midwives as defined by each Member State, without prejudice to Article 4 of Directive 80/155/EEC, and pursued under the following professional titles:
in the Federal Republic of Germany: - "Hebamme";
in Belgium: - "accoucheuse/vroedvrouw";
in Denmark: - "jordemoder";
in France: - "sage-femme";
in Ireland: - midwife;
in Italy: - "ostetrica";
in Luxembourg: - "sage-femme";
in the Netherlands - "verloskundige";
in the United Kingdom: - midwife.
CHAPTER II DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN MIDWIFERY
Article 2
1. Each Member State shall recognize the diplomas, certificates and other evidence of formal qualifications in midwifery awarded to nationals of Member States by the other Member States and listed in Article 3 which satisfy the minimum programme mentioned in Article 1 (1), (3) and (4) of Directive 80/155/EEC and comply with one of the following conditions: - full-time training in midwifery lasting at least three years: - either subject to possession of a diploma, certificate or other evidence of formal qualifications giving right of admittance to university or higher-education establishments or, failing this, attesting an equivalent level of knowledge,
- or followed by professional practice for which the certificate referred to in Article 4 of this Directive is issued, (1)OJ No L 257, 19.10.1968, p. 2.
- full-time training in midwifery lasting at least two years or 3 600 hours subject to possession of a diploma, certificate or other evidence of formal qualifications as a nurse responsible for general care, referred to in Article 3 of Directive 77/452/EEC (1),
- full-time training in midwifery lasting at least 18 months or 3 000 hours subject to possession of a diploma, certificate or other evidence of formal qualifications as a nurse responsible for general care referred to in Article 3 of Directive 77/452/EEC and followed by professional practice for which the certificate referred to in Article 4 of this Directive is issued.
2. Each Member State shall, as far as the right to take up and pursue the activities of midwives in a self-employed capacity is concerned, give diplomas, certificates and other evidence of formal qualifications recognized by it the same effect in its territory as those which the Member State itself awards.
Article 3
The diplomas, certificates and other evidence of formal qualifications referred to in Article 2 are the following: (a) in the Federal Republic of Germany: - the "Hebammenprüfungszeugnis" awarded by the State-appointed examining board,
- the certificates issued by the competent authorities of the Federal Republic of Germany, stating that the diplomas awarded after 8 May 1945 by the competent authorities of the German Democratic Republic are recognized as equivalent to those listed in the first indent;
(b) in Belgium:
the "diplôme d'accoucheuse/vroedvrouwdiploma" awarded by schools set up or approved by the State or by the "Jury central";
(c) in Denmark:
the "bevis for bestået jordemodereksamen" awarded by "Danmarks Jordemoderskole";
(d) in France:
the "diplôme de sage-femme" awarded by the State;
(e) in Ireland:
the certificate in midwifery awarded by "An Bord Altranais";
(f) in Italy:
the "diploma d'ostetrica" awarded by schools approved by the State;
(g) in Luxembourg:
the "diplôme de sage-femme" awarded by the Minister for Health following a decision by the examining board;
(h) in the Netherlands:
the "vroedvrouwdiploma" awarded by the examining body designated by the State;
(i) in the United Kingdom:
the certificate of admission to the Roll of Midwives, awarded in England and Wales by the Central Midwives Board for England and Wales, in Scotland by the Central Midwives Board for Scotland, and in Northern Ireland by the Northern Ireland Council for Nurses and Midwives.
Article 4
The certificate provided for in Article 2 shall be issued by the competent authorities of the Member State of origin or of the Member State from which the foreign national comes. It shall certify that the holder has satisfactorily, after qualifying as a midwife, carried out all the activities of a midwife in a hospital or other health establishment approved for this purpose, for a period fixed as follows: - two years in the case provided for in the second sub-indent of the first indent of Article 2 (1),
- one year in the case provided for in the third indent of Article 2 (1).
CHAPTER III
EXISTING CIRCUMSTANCES
Article 5
1. In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications do not satisfy all the minimum training requirements laid down in Article 1 of Directive 80/155/EEC, each Member State shall recognize as sufficient evidence the diplomas, certificates and other evidence of the formal qualifications of midwives awarded by those Member States prior to and during a period of not more than six years after the notification of this Directive, accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least three years during the five years prior to the date of issue of the certificate. (1)OJ No L 176, 15.7.1977, p. 1.
2. In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications satisfy all the minimum training requirements laid down in Article 1 of Directive 80/155/EEC, but, by virtue of Article 2 of the present Directive, need be recognized only if they are accompanied by the certificate of professional practice referred to in Article 4, each Member State shall recognize as sufficient evidence the diplomas, certificates and other evidence of formal qualifications of midwives awarded by those Member States prior to the entry into force of the present Directive, accompanied by a certificate stating that those nationals have effectively and lawfully been engaged in the activities in question for at least two years during the five years prior to the date of issue of the certificate.
CHAPTER IV
USE OF ACADEMIC TITLE
Article 6
1. Without prejudice to Article 15, host Member States shall ensure that nationals of Member States who fulfil the conditions laid down in Articles 2 and 5 have the right to use the lawful academic title, inasmuch as it is not identical to the professional title, or, where appropriate, the abbreviation thereof of their Member State of origin or of the Member State from which they come, in the language or languages of that State. Host Member States may require this title to be followed by the name and location of the establishment or examining board which awarded it.
2. If the academic title used in the Member State of origin, or in the Member State from which a foreign national comes, can be confused in the host Member State with a title requiring, in that State, additional training which the person concerned has not undergone, the host Member State may require such a person to use the title employed in the Member State of origin or the Member State from which he comes in a suitable form to be indicated by the host Member State.
CHAPTER V
PROVISIONS TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF THE ACTIVITIES OF MIDWIVES
A. Provisions specifically relating to the right of establishment
Article 7
1. A host Member State which requires of its nationals proof of good character or good repute when they take up for the first time any activity referred to in Article 1 shall accept as sufficient evidence, in respect of nationals of other Member States, a certificate issued by a competent authority in the Member State of origin or in the Member State from which the foreign national comes, attesting that the requirements of the Member State as to good character or good repute for taking up the activity in question have been met.
2. Where the Member State of origin or the Member State from which the foreign national comes does not require proof of good character or good repute of persons wishing to take up the activity in question for the first time, the host Member State may require of nationals of the Member State of origin or of the Member State from which the foreign national comes an extract from the judicial record or, failing this, an equivalent document issued by a competent authority in the Member State of origin or the Member State from which the foreign national comes.
3. If the host Member State has detailed knowledge of a serious matter which occurred outside its territory prior to the establishment of the person concerned in that State and which is likely to affect the taking up within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts if they are likely to affect in that Member State the taking up of the activity in question. The authorities in that State shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the certificates or documents they have issued.
4. Member States shall ensure the confidentiality of the information which is forwarded.
Article 8
1. Where, in a host Member State, provisions laid down by law, regulation or administrative action are in force laying down requirements as to good character or good repute, including provisions for disciplinary action in respect of serious professional misconduct or conviction for criminal offences and relating to the pursuit of any of the activities referred to in Article 1, the Member State of origin or the Member State from which the foreign national comes shall forward to the host Member State all necessary information regarding measures or disciplinary action of a professional or administrative nature taken in respect of the person concerned, or criminal penalties imposed on him when pursuing his profession in the Member State of origin or in the Member State from which he came.
2. If the host Member State has detailed knowledge of a serious matter which has occurred prior to the establishment of the person concerned in that State outside its territory and which is likely to affect the pursuit within its territory of the activity concerned, it may inform the Member State of origin or the Member State from which the foreign national comes.
The Member State of origin or the Member State from which the foreign national comes shall verify the accuracy of the facts if they are likely to affect in that Member State the pursuit of the activity in question. The authorities in that State shall decide on the nature and extent of the investigation to be made and shall inform the host Member State of any consequential action which they take with regard to the information they have forwarded in accordance with paragraph 1.
3. Member States shall ensure the confidentiality of the information which is forwarded.
Article 9
Where a host Member State requires of its own nationals wishing to take up or pursue any of the activities referred to in Article 1 a certificate of physical or mental health, that State shall accept as sufficient evidence thereof the presentation of the document required in the Member State of origin or in the Member State from which the foreign national comes.
Where the Member State of origin or the Member State from which the foreign national comes does not impose any requirements of this nature on those wishing to take up or pursue the activity in question, the host Member State shall accept from such national a certificate issued by a competent authority in that State corresponding to the certificates issued in the host Member State.
Article 10
Documents issued in accordance with Articles 7, 8 and 9 may not be presented more than three months after their date of issue.
Article 11
1. The procedure for authorizing the person concerned to take up any activity referred to in Article 1, pursuant to Articles 7, 8 and 9 must be completed as soon as possible and not later than three months after presentation of all the documents relating to such person, without prejudice to delays resulting from any appeal that may be made upon the termination of this procedure.
2. In the cases referred to in Articles 7 (3) and 8 (2), a request for re-examination shall suspend the period stipulated in paragraph 1.
The Member State consulted shall give its reply within three months.
On receipt of the reply or at the end of the period the host Member State shall continue with the procedure referred to in paragraph 1.
Article 12
Where a host Member State requires its own nationals wishing to take up or pursue one of the activities referred to in Article 1 to take an oath or make a solemn declaration and where the form of such oath or declaration cannot be used by nationals of other Member States, that Member State shall ensure that an appropriate and equivalent form of oath or declaration is offered to the person concerned.
B. Provisions specifically relating to the provision of services
Article 13
1. Where a Member State requires of its own nationals wishing to take up or pursue any of the activities referred to in Article 1 an authorization, or membership of or registration with a professional organization or body, that Member State shall in the case of the provision of services exempt the nationals of Member States from that requirement.
The person concerned shall provide services with the same rights and obligations as the nationals of the host Member State ; in particular he shall be subject to the rules of conduct of a professional or administrative nature which apply in that Member State.
Where a host Member State adopts a measure pursuant to the second subparagraph or becomes aware of facts which run counter to these provisions, it shall forthwith inform the Member State where the person concerned is established.
2. The host Member State may require the person concerned to make a prior declaration to the competent authorities concerning the provision of his services where they involve a temporary stay in its territory.
In urgent cases this declaration may be made as soon as possible after the services have been provided.
3. Pursuant to paragraphs 1 and 2, the host Member State may require the person concerned to supply one or more documents containing the following particulars: - the declaration referred to in paragraph 2,
- a certificate stating that the person concerned is lawfully pursuing the activities in question in the Member State where he is established,
- a certificate that the person concerned holds one or other of the diplomas, certificates of other evidence of formal qualification appropriate for the provision of the services in question and referred to in this Directive.
4. The document or documents specified in paragraph 3 may not be produced more than 12 months after their date of issue.
5. Where a Member State temporarily or permanently deprives, in whole or in part, one of its nationals or a national of another Member State established in its territory of the right to pursue one of the activities referred to in Article 1, it shall, as appropriate, ensure the temporary or permanent withdrawal of the certificate referred to in the second indent of paragraph 3.
Article 14
Where registration with a public social security body is required in a host Member State for the settlement with insurance bodies of accounts relating to services rendered to persons insured under social security schemes, that Member State shall exempt nationals of Member States established in another Member State from this requirement in cases of provision of services entailing travel on the part of the person concerned.
However, the persons concerned shall supply information to this body in advance, or, in urgent cases, subsequently, concerning the services provided.
C. Provisions common to the right of establishment and freedom to provide services
Article 15
Where in a host Member State the use of the professional title relating to one of the activities referred to in Article 1 is subject to rules, nationals of other Member States who fulfil the conditions laid down in Articles 2 and 5 shall use the professional title of the host Member State which, in that State, corresponds to those conditions of qualification, and shall use the abbreviated title.
Article 16
1. Member States shall take the necessary measures to enable the persons concerned to obtain information on the health and social security laws and, where applicable, on the professional ethics of the host Member State.
For this purpose, Member States may set up information centres from which such persons may obtain the necessary information. In the case of establishment, the host Member States may require the persons concerned to contact these centres.
2. Member States may set up the centres referred to in paragraph 1 within the competent authorities and bodies which they must designate within the period laid down in Article 20 (1).
3. Member States shall see to it that, where appropriate, the persons concerned acquire, in their own interest and in that of their patients, the linguistic knowledge necessary for the exercise of their profession in the host Member State.
CHAPTER VI
FINAL PROVISIONS
Article 17
In the event of justified doubts, the host Member State may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that other Member State and referred to in Chapters II and III, and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Directive 80/155/EEC.
Article 18
Within the time limit laid down in Article 20 (1) Member States shall designate the authorities and bodies competent to issue or receive the diplomas, certificates and other evidence of formal qualifications as well as the documents and information referred to in this Directive, and shall forthwith inform the other Member States and the Commission thereof.
Article 19
This Directive shall also apply to nationals of Member States who, in accordance with Regulation (EEC) No 1612/68, are pursuing or will pursue as employed persons one of the activities referred to in Article 1.
Article 20
1. Member States shall bring into force the measures necessary to comply with this Directive within three years of its notification and shall forthwith inform the Commission thereof.
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 21
Where a Member State encounters major difficulties in certain fields when applying this Directive, the Commission shall examine these difficulties in conjunction with that State and shall request the opinion of the Committee of Senior Officials on Public Health set up under Decision 75/365/EEC (1), as last amended by Decision 80/157/EEC (2).
Where necessary, the Commission shall submit appropriate proposals to the Council.
Article 22
This Directive is addressed to the Member States.
Done at Brussels, 21 January 1980.
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COMMISSION REGULATION (EC) No 1762/96 of 11 September 1996 amending Regulation (EC) No 2939/94 laying down detailed rules for the application of Council Regulation (EEC) No 105/76 on the recognition of producers' organizations in the fishing industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products (1), as last amended by Regulation (EC) No 3318/94 (2),
Having regard to Council Regulation (EEC) No 105/76 of 19 January 1976 on the recognition of producers' organizations in the fishing industry (3), as amended by Commission Regulation (EEC) No 3940/87 (4), and in particular Article 2 (2) and 3 thereof,
Whereas the criteria for adequate economic activity of producers' organizations specified in Article 2 of Commission Regulation (EC) No 2939/94 (5) laying down detailed rules for the application of Regulation (EEC) No 105/76 cannot be applied to aquaculture; whereas a provision should therefore be added laying down specific criteria for aquaculture products;
Whereas application of Regulation (EC) No 2939/94 has shown that certain provisions relating in particular to the time limit for notifying the Commission of the chosen terms of recognition and the respective obligations of the producers' organization and the Member State need to be made more specific; whereas Article 4 of Regulation (EEC) No 105/76 provides that in certain cases recognition must be withdrawn from a producers' organization;
Whereas a maximum period for adjustment to the terms of recognition set by that Regulation should be stipulated for producers' organizations recognized before its entry into force; whereas, in order to ensure continuity in the application of the relevant rules, this adjustment period must apply from the date when the Regulation entered into force;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2939/94 is hereby amended as follows:
1. Article 2 (2) is replaced by the following:
'2. The Member States shall decide which of the criteria laid down in paragraph 1 (a), 1 (b) (i) and 1 (b) (ii) shall apply.
They shall notify their decision to the Commission and to interested parties within two months of publication of this Regulation.`;
2. the following paragraph is added after Article 2 (2):
'3. As regards the aquaculture products for which recognition is sought, economic activity shall be considered sufficient if the producers' organization disposes of at least 25 % of total production of the aquaculture species or group of species in question in a production area which is deemed sufficiently large by the Member State concerned on the basis of criteria established by that Member State. The Member State may adjust that percentage within the range 25 % to 50 % in order to take account of the special characteristics of regional production. The Member States shall notify the Commission within two months of the date of publication of this Regulation of the percentage they have decided to apply.`;
3. Article 5 (2) is replaced by the following:
'2. If a producers' organization fails to fulfil the obligations incumbent on it under the terms of recognition as set out in Article 2 of Regulation (EEC) No 105/76, the Member State must withdraw recognition; if a producers' organization fails to fulfil other obligations, in particular to provide the information the Member State needs to monitor its activities, the latter may withdraw recognition.`;
4. the following paragraph is added to Article 7:
'Producers' organizations recognized before 1 January 1995 under the terms of Regulation (EEC) No 2062/80 must satisfy the requirements of the present Regulation by 31 December 1999 at the latest.`
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, 11 September 1996.
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COUNCIL REGULATION (EC) No 154/2009
of 23 February 2009
amending Regulation (EC) No 1859/2005 imposing certain restrictive measures in respect of Uzbekistan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 301 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
Council Regulation (EC) No 1859/2005 (1) prohibits, inter alia, the sale, supply, transfer and export to Uzbekistan of equipment which might be used for internal repression. Annex I to that Regulation lists the goods to which this prohibition applies.
(2)
The list of equipment which might be used for internal repression should be updated following recommendations made by experts, taking into account Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (2).
(3)
Regulation (EC) No 1859/2005 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1859/2005 is replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 February 2009.
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COMMISSION DECISION of 4 April 1997 on protective measures with regard to fishery products originating in Tanzania (Text with EEA relevance) (97/274/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 96/43/EC (2), and in particular Article 19 thereof,
Whereas the presence of salmonellae has been confirmed in Nile perch fillets originating in Tanzania on several occasions on their importation into the Community;
Whereas, pending the application by the competent Tanzanian authorities of health measures preventing the contamination of Nile perch fillets and on-the-spot inspections by Commission experts to verify that the measures are being properly applied, Nile perch fillets originating in Tanzania should be systematically checked for salmonellae on importation;
Whereas, under Article 4 (7) of Directive 90/675/EEC, all expenditure incurred in such checks for salmonellae is to be chargeable to the consignor, the consignee or their agent, without reimbursement by the Member State conducting the checks;
Whereas such a measure must be transitional in nature pending a decision establishing the specific conditions for the importation of fishery products originating in Tanzania;
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
This Decision shall apply to whole fish, gutted or not, and fillets, slices and minced flesh of the species Lates niloticus (Nile perch), fresh or frozen, originating in Tanzania.
Article 2
Member States shall, using a suitable sampling plan, subject each consignment of the products indicated at Article 1 imported into the Community to a test for the presence of salmonellae.
Article 3
Member States shall not authorize the importation into their territory or the consignment to another Member State of the products referred to in Article 1 unless the results of the checks referred to in Article 2 confirm the absence of salmonellae.
Article 4
All expenditure incurred by the application of this Decision shall be chargeable to the consigner, the consignee or their agent.
Article 5
This Decision shall apply until 30 June 1997.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 4 April 1997.
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COMMISSION REGULATION (EC) No 2699/95 of 22 November 1995 amending Regulation (EC) No 1222/94 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular the first subparagraph of Article 8 (3) thereof,
Whereas Commission Regulation (EC) No 1222/94 (2), as last amended by Regulation (EC) No 1149/95 (3), provides for potato starch to be assimilated to maize starch; whereas the aim of that provision is to allow an export refund to be granted for that product and not necessarily to apply the same refund rate as that applicable to the export of maize starch;
Whereas the application of the second subparagraph of Article 13 (1) of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (4), as last amended by Regulation (EC) No 1863/95 (5), provides that the export refund for cereals exported in the form of goods listed in Annex B may not be greater than the refund applied to cereals exported without further processing; whereas this provision currently results in the lower of the two rates fixed for exports of potato starch and maize starch when exported without further processing to be applied to these products when exported in the form of goods not covered by Annex II to the Treaty; whereas it is therefore necessary to amend Regulation (EC) No 1222/94;
Whereas the Management Committee for horizontal questions relating to trade in processed agricultural products not covered by Annex II of the Treaty has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1222/94 is hereby amended as follows:
1. In Article 1 (2) (a) the words 'shall be assimilated to maize starch falling within CN code 1108 12` are replaced by the words 'shall be assimilated to a product derived from the processing of maize`.
2. In Article 1 (2) (a) the second and third indents are repealed.
3. The following subparagraph shall be added to Article 4 (2):
'With regard to potato starch falling within CN code 1108 13, the refund rate shall be fixed separately, in terms of maize equivalent, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 in compliance with the criteria set out above. The quantities of potato starch used shall be converted into equivalent quantities of maize in accordance with Article 3 (1) (b).`
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 1 (2) shall be applicable with effect from 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 November 1995.
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COUNCIL REGULATION (EC) No 934/95 of 10 April 1995 establishing tariff ceilings and a Community statistical surveillance in the framework of reference quantities for a certain number of products originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and the Occupied Territories
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 Article 2 of Annex I to the Agreement establishing an association between the European Community and Malta (1), as supplemented by the Additional Protocol (2), the Supplementary Protocol to the Agreement (3) and the Protocol extending the first stage of this Agreement (4), exempts from duties, subject to tariff ceilings, certain products falling within Chapters 52 to 63 of the combined nomenclature and originating in Malta;
Whereas the Additional Protocols to the Agreements between the European Community, of the one part, and Cyprus (5), Egypt (6), Jordan (7), Israel (8), Tunisia (9), Syria (10), Malta and Morocco (11), of the other part, provide for the progressive reduction, subject to reference quantities and to statistical Community surveillance, of the customs duties applicable to certain agricultural products originating in those countries according to set timetables;
Whereas Council Regulation (EEC) No 1134/91 of 29 April 1991 on the tariff arrangements, applicable to imports into the Community of products originating in the Occupied Territories (12) provides for the elimination on 1 January 1993, according to a set timetable, of customs duties on products listed in Annex II thereto and originating in these territories, and that certain of these products should be subject to reference quantities;
Whereas, by Council Regulation (EEC) No 1764/92 of 29 June 1992 amending the arrangements for the import into the Community of certain agricultural products originating in Cyprus, Egypt, Israel, Jordan, Malta, Morocco, Syria and Tunisia (13), the Community unilaterally increased the amount of the above reference quantities in equal tranches of 3 % or 5 % per year starting on 1 January 1992;
Whereas the abovementioned Agreements and Regulation (EEC) No 1134/91 are of indeterminate duration; whereas the Agreements and the abovementioned Regulation (EEC) No 1764/92 lay down the rates for the annual increases in the tariff ceilings and reference quantities; whereas, therefore, the tariff measures in question should likewise be of indeterminate duration; whereas the application of these measures should be rationalized by grouping them together in a single regulation;
Whereas the tariff measures provided for in this Regulation should now be opened; whereas the scope and period of application of each of those measures are set out in the Annexes; whereas, in view of the negotiations under way for the renewal of some of the agreements in question, the period of validity of the measures set out in the Annexes to this Regulation should be limited to 31 December 1996;
Whereas amendments to the combined nomenclature and Taric codes, and the extension under the present Agreements of the tariff measures in question, require no changes of substance; whereas, in the interests of simplification and without prejudice to the specific procedures laid down by Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (14), provision should be made for the Commission to make the necessary amendments and technical adaptations to this Regulation after first having obtained the opinion of the Customs Code Committee;
Whereas the decision to establish tariff ceilings and reference quantities should be taken by the Community; whereas it is also for the Community to establish the relevant surveillance systems for these two tariff measures;
Whereas customs duties suspended within the limits of tariff ceilings may be re-established once those limits have been reached at Community level; whereas the application of ceilings calls for a system of surveillance that enables the Commission to be kept abreast of the trend in imports of products subject to such measures;
Whereas the administration of the tariff ceilings requires close and particularly rapid cooperation between the Member States and the Commission, and the latter must in particular be able to follow the progress of quantities charged against the ceilings and keep the Member States informed; whereas this cooperation has to be all the more close because the Commission has to be able to take appropriate action whenever a ceiling is reached; whereas, to ensure the efficiency of this surveillance system, Member States must charge imports of the products in question agianst the ceilings as and when the products are entered with customs for free circulation;
Whereas, as regards the products subject to reference quantities, Regulation (EEC) No 451/89 (1) establishes procedures for modifying the statuts of these products by submitting them, if necessary, to tariff quotas; whereas Article 3 (2) of the Regulation provides for a system of surveillance; whereas such surveillance must notably enable the Commission to draw up an annual trade balance sheet for each of the products concerned,
HAS ADOPTED THIS REGULATION:
TITLE I
Tariff ceilings
Article 1
1. Imports into the Community of products originating in Malta and listed in Annex I shall be subject to annual ceilings and Community surveillance. The relevant CN codes, order numbers and Taric codes, together with the levels of the ceilings, are set out in the table in the same Annex.
2. Quantities shall be charged against the ceilings as and when the products are entered with customs for free circulation accompanied by a movement certificate in accordance with the rules contained in the Protocol defining the concept of originating products and methods of administrative cooperation annexed to the Protocol laying down certain provisions relating to the Agreement establishing an association between the European Community and Malta (2).
Goods may be charged against the ceiling only if the movement certificate is presented before the date on which customs duties are re-established.
The extent to which a ceiling is used up shall be determined at Community level on the basis of the imports charged against it in the manner laid down in the preceding subparagraphs.
Member States shall inform the Commission of imports charged under the above arrangements at the intervals and within the time limits specified in paragraph 4.
3. As soon as the ceilings are reached, the Commission may adopt a regulation re-establishing, until the end of the calander year, the customs duties applicable to third countries.
4. The Member States shall provide the Commission, by the 15th day of each month at the latest, with statements of the imports charged the previous month.
TITLE II
Reference quantities and statistical surveillance
Article 2
1. Imports into the Community of certain products listed in Annex II and originating in Cyprus, Egypt, Jordan, Israel, Tunisia, Syria, Malta, Morocco and the Occupied Territories shall be subject to reference quantities under set timetables and to Community statistical surveillance.
The relevant CN codes, their order numbers, where appropriate, and their Taric codes, together with the levels of the reference quantities and the relevant timetables for the application thereof, are set out in the table in the same Annex.
2. Within the limits of the reference quantities, preferential treatment shall be accorded to products entered with customs for free circulation and accompanied by a movement certificate for the goods. The certificate must comply with the rules laid down in the Protocol defining the concept of original products annexed to each of the agreements between the European Community and the countries referred to in the first subparagraph of paragraph 1, with the exception for the Occupied Territories. The concept of products originating in the Occupied Territories shall be defined by the provisions of Commission Regulation (EEC) No 2454/93 (3).
The extent to which the reference quantities are used up shall be determined at Community level on the basis of the imports charged against them in the manner defined in the first subparagraph, as communicated to the Statistical Office of the European Communities in application of Regulations (EEC) No 2658/87 (4) and (EEC) No 1736/75 (5).
TITLE III
Procedural provisions
Article 3
1. Subject to the procedure provided for in Council Regulation (EC) No 3448/93, the provisions necessary for the application of this Regulation, in particular:
(a) the amendments and technical adaptations in so far as they are necessary arising from amendments of the combined nomenclature and Taric codes;
(b) the extension of tariff measures in accordance with the provisions contained in the agreements referred to in this Regulation;
(c) the necessary adaptations arising from the conclusion of protocols or exchanges of letters between the Community and the countries in question under the agreements referred to in this Regulation; and (d) amendments of this Regulation necessary for the implementation of any other act adopted by the Council under the agreements and regulations referred to in this Regulation;
shall be adopted in accordance with the procedure laid down in Article 4 (2).
2. The provisions adopted pursuant to paragraph 1 do not authorize the Commission to:
- carry over preferential quantities from one period to another,
- amend the timetables laid down in the agreements or protocols,
- transfer quantities under one ceiling or reference quantity to another ceiling or reference quantity,
- open and administer ceilings or reference quantities resulting from new agreements.
Article 4
1. The Commission shall be assisted by the Customs Code Committee set up by Article 247 of Regulation (EEC) No 2913/92 (1).
2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion of 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. (a) The Commission shall adopt the measures, which shall apply immediately.
(b) However, if those 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 upon which it has decided for three months from the date of such communication.
The Council, acting by qualified majority, may take a different decision within the period referred to in the previous subparagraph.
4. The Committee may examine any question concerning the application of this Regulation which is raised by its chairman either on his own initiative or at the request of a Member State.
Article 5
1. The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
2. The Commission shall draw up each year, within three months of the end of the period of application of the ceilings and reference quantities referred to in this Regulation, a summary by product and country of amounts charged against the ceilings and reference quantities set out in Annexes I and II.
This summary shall be disseminated after receipt of the opinion of the Customs Code Committee.
Article 6
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 November 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 10 April 1995.
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COMMISSION REGULATION (EC) No 584/2008
of 20 June 2008
implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Community target for the reduction of the prevalence of Salmonella enteritidis and Salmonella typhimurium in turkeys
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (1) and, in particular Article 4(1) and Article 13 thereof,
Whereas:
(1)
The purpose of Regulation (EC) No 2160/2003 is to ensure that proper and effective measures are taken to detect and control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution, particularly at the level of primary production, in order to reduce their prevalence and the risk they pose to public health.
(2)
Regulation (EC) No 2160/2003 provides for a Community target to be established for the reduction of the prevalence of all salmonella serotypes with public health significance in turkeys at the level of primary production. Such reduction is important in view of the strict measures which are to apply to fresh meat from infected flocks of turkeys in accordance with that Regulation, as from 12 December 2010. In particular, fresh poultrymeat, including meat of turkeys, may not be placed on the market for human consumption unless it meets the following criterion: ‘salmonella absence in 25 grams’.
(3)
Regulation (EC) No 2160/2003 provides that the Community target is to include a numerical expression of the maximum percentage of epidemiological units remaining positive and/or the minimum percentage of reduction in the number of epidemiological units remaining positive, the maximum time limit within which the target must be achieved and the definition of the testing schemes necessary to verify achievement of the target. It is also to include a definition, where relevant, of serotypes with public health significance.
(4)
Regulation (EC) No 2160/2003 provides that experience gained under existing national control measures and information forwarded to the Commission or to the European Food Safety Authority under existing Community requirements, in particular in the framework of information provided for in Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents (2), and in particular Article 5 thereof, should be taken into account when setting the Community target.
(5)
Regulation (EC) No 2160/2003 provides that, when defining each Community target, the Commission shall provide an analysis of its expected costs and benefits. However, by way of derogation, the Community target for turkey, covering Salmonella enteritidis and Salmonella typhimurium may be establish for a transitional period without such analysis.
(6)
Comparable data on the prevalence of the salmonella serotypes in flocks of turkeys in Member States have therefore been collected in accordance with Commission Decision 2006/662/EC of 29 September 2006 concerning a financial contribution from the Community towards a baseline survey on the prevalence of salmonella in turkeys to be carried out in the Member States (3).
(7)
Regulation (EC) No 2160/2003 provides that for a transitional period of three years, the Community target for turkeys is to cover only Salmonella enteritidis and Salmonella typhimurium. Other serotypes with public health significance may be considered after that period.
(8)
In order to verify progress on the achievement of the Community target, it is necessary to provide for repeated sampling of flocks of turkeys in this Regulation.
(9)
In accordance with Article 15 of Regulation (EC) No 2160/2003, the European Food Safety Authority (EFSA) was consulted on the setting of the Community target for turkeys.
(10)
The Task Force on Zoonoses Data Collection of the EFSA adopted on 28 April 2008 a Report on the Analysis of the baseline survey on the prevalence of salmonella in flocks of turkeys in the EU, 2006-2007, Part A: Salmonella prevalence estimates.
(11)
In accordance with Commission Regulation (EC) No 646/2007 of 12 June 2007 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards a Community target for the reduction of Salmonella enteritidis and Salmonella typhimurium in broilers and repealing Regulation (EC) No 1091/2005 (4), at least two pairs of boot/sock swabs shall be taken to sample flocks of broilers for salmonella. New scientific evidence demonstrates the using a combination of one pair of boot/sock swabs with a dust sample is at least as sensitive as sampling by taking two pairs of boot/sock swabs. Therefore, this combination should be allowed as alternative sampling method and Regulation (EC) No 646/2007 should be amended accordingly.
(12)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Community target
1. The Community target, as referred to in Article 4(1) of Regulation (EC) No 2160/2003, for the reduction of Salmonella enteritidis and Salmonella typhimurium in turkeys (‘Community target’) shall be:
(a)
a reduction of the maximum percentage of fattening turkey flocks remaining positive of Salmonella enteritidis and Salmonella typhimurium to 1 % or less by 31 December 2012; and
(b)
a reduction of the maximum percentage of adult breeding turkey flocks remaining positive of Salmonella enteritidis and Salmonella typhimurium to 1 % or less by 31 December 2012.
However, for Member States with less than 100 flocks of adult breeding or fattening turkeys, the Community target shall be that no more than one flock of adult breeding or fattening turkeys may remain positive by 31 December 2012.
2. The testing scheme necessary to verify progress in the achievement of the Community target is set out in the Annex.
3. The Commission shall consider a review of the target and the testing scheme set out in the Annex based on the experience gained in 2010 being the first year of the national control programmes as referred to in Article 5(1) of Regulation (EC) No 2160/2003.
Article 2
Amendment to Regulation (EC) No 646/2007
In the Annex to Regulation (EC) No 646/2007, the following paragraphs are added:
1.
at the end of point 2:
‘Alternatively, the competent authority may decide that one pair of boot swabs shall be taken, covering 100 % of the area of the house if combined with a dust sample, collected from multiple places throughout the house from surfaces with visible presence of dust.’;
2.
after the second paragraph of point 3(1):
‘The dust sample shall preferably be analysed separately. However, the competent authority may decide to pool it with the pair of boot/sock swabs for analysis.’
Article 3
Entry into force and applicability
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
Articles 1(1) and (3), and 2 shall apply from 1 July 2008 and Article 1(2) shall apply from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 2008.
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COMMISSION REGULATION (EC) No 1929/2004
of 5 November 2004
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 November 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 November 2004.
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COMMISSION REGULATION (EC) No 1662/94 of 8 July 1994 amending Regulation (EEC) No 1859/93 on the application of the system of import licences for garlic imported from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EC) No 3669/93 (2), and in particular Article 22b thereof,
Whereas, under Article 3 (2) of Commission Regulation (EEC) No 1859/93 (3), import licences must be issued within three working days following the day on which the application is lodged; whereas this time limit is in-adequate for the purposes of efficient management of the system and should accordingly be extended to five days;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 3 (2) of Regulation (EEC) No 1859/93, the first subparagraph is replaced by the following:
'Import licences shall be issued on the fifth working day following the day on which the application is lodged unless measures are taken within that time.'
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall not apply to applications lodged prior to the day of its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 July 1994.
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*****
COMMISSION REGULATION (EEC) No 2282/90
of 31 July 1990
laying down detailed rules for increasing the consumption and utilization of apples and the consumption of citrus fruit
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1195/90 of 7 May 1990 on measures to increase the consumption and utilization of apples (1), and in particular Article 5 thereof,
Having regard to Council Regulation (EEC) No 1201/90 of 7 May 1990 on measures to increase the consumption of citrus fruit (2), and in particular Article 4 thereof,
Whereas Regulations (EEC) No 1195/90 and (EEC) No 1201/90 provide for the Community to contribute towards the financing of measures to encourage respectively an increase in the consumption of fresh apples and the disposal of products processed from apples harvested in the Community and an increase in the consumption of fresh citrus fruit harvested in the Community;
Whereas the chief measures to be taken into consideration for granting Community financial assistance should be defined;
Whereas these measures must form part of a coherent strategy, contribute to the attainment of medium-term objectives and meet criteria of Community interest; whereas the measures must involve the principal economic operators in the sector concerned, be presented in a uniform manner and contain sufficient information to enable them to be assessed;
Whereas in order to encourage grouped initiatives and contacts between those concerned, provision should be made for a system for the dissemination of draft measures; whereas such dissemination should be carried out by intermediary bodies appointed by the Member States;
Whereas detailed rules should be laid down to govern cooperation between the bodies appointed by the Member States and the Commission with a view to evaluating and selecting projects;
Whereas the various rules for carrying out commitments will be the subject of contracts between the interested parties and the competent national agencies drawn up on the basis of standard contracts made available by the Commission;
Whereas the Member States must supervise implementation of the measures and the Commission must be kept informed of the results of measures provided for in this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. The measures to increase the consumption and utilization of apples, referred to in Articles 1 and 2 of Regulation (EEC) No 1195/90, and the consumption of citrus fruit, referred to in Article 1 of Regulation (EEC) No 1201/90, shall be presented within the framework of programmes.
2. 'Programmes' means a coherent body of measures meeting the following requirements:
- they must be on a sufficient scale to help increase the disposal of products and consumption,
- they must cover products harvested in the Community, in particular during the main marketing periods,
- they must enable production to be adjusted and tailored to market requirements.
3. Programmes may be multiannual, but their duration may not exceed three years.
Article 2
Programmes shall cover more than one of the following measures, depending on the products involved.
1. For fresh apples, they shall include:
(a) determining market requirements: surveys and consumer tests;
(b) consumption:
- the organization of nutrition and diet campaigns,
- the study and tests of new forms of market presentation and packaging,
- the organization of promotional campagins other than ordinary advertising,
- participation in trade fairs and exhibitions,
- preparation of publications and audiovisual material.
(c) research:
measures referred to in (a) and (b) can be completed by measures permitting either applied research on not yet explored areas, or the dissemination of research results within agronomical, nutritional and marketing areas to operators.
2. For products processed from apples, they shall include:
(a) research:
- the placing on the market of new processed and/or 'ready-to-use' products,
- the development of new uses,
- determination of the varieties and cultivation techniques best suited to the manufacture of new products,
- the development of new manufacturing, preservation and packaging technologies;
(b) consumption and utilization:
- organization of promotional campaigns,
- participation in trade fairs and exhibitions;
(c) market research: market studies, surveys and opinion polls on the consumers' or users' reception of new products.
3. For fresh citrus fruit, they shall include:
(a) determination of market requirements: surveys and consumer tests;
(b) consumption:
- the organization of campaigns, other than ordinary advertising, to promote the consumption of fresh citrus fruit, including as fruit juice,
- the organization of nutrition and diet campaigns,
- participation in trade fairs and exhibitions,
- preparation of publications and audiovisual material;
(c) research:
measures referred to in (a) and (b) can be completed by measures permitting either applied research on not yet explored areas, or the dissemination of research results within agronomical, nutritional and marketing areas to operators, or improvement of preservation techniques, not including refrigeration facilities.
4. The following types of measures shall not be eligible:
- measures to promote the consumption of varieties of apples or citrus fruits not produced in the Community,
- measures containing references to one or more regions in the Community,
- measures which are receiving Community aid under other regulations or any other grant or subsidy.
Article 3
1. The programmes referred to in Article 1 shall be presented:
(a) in the case of measures to increase the consumption of fresh apples and/or citrus fruit, by groups whose members include representatives of the various branches of the sector, such as producers' organizations or associations thereof and traders or associations thereof;
(b) in the case of measures to increase the disposal of products processed from apples, by groups of operators comprising one or more producers' organizations or associations thereof and one or more processors of apples.
2. The group submitting the aid application shall be solely responsible for the implementation of the measures in respect of which financial assistance is granted; the group shall have the legal capacity to carry out the measures and shall be based in the Community.
However, in the case of the measures referred to in paragraph 1 (b), where the group of operators does not have legal personality, one of the operators shall be appointed by his partners to be responsible for overall implementation of the measures.
Article 4
1. Interested parties wishing to apply for Community financial assistance may submit to the competent body appointed by the Member State in which they are based a preliminary draft programme showing the measures they propose to carry out under this Regulation, in accordance with the model in Annex I. This preliminary draft shall be submitted not later than 31 May each year, except for the first year of application.
2. The body referred to in paragraph 1 shall send the preliminary drafts of programmes it has received to the Commission who will circulate the drafts to the competent bodies in the other Member States.
Article 5
1. The application for financing shall be lodged with the competent body in the Member State in which the group or responsible partner is based, not later than 31 August each year. However, for 1990, the deadline shall be 31 October.
The application shall contain all the information set out in Annex 11.
2. The competent body shall check the accuracy of the information in the applications and their compliance with this Regulation. It shall request additional information if necessary and draw up a reasoned opinion. This opinion shall contain an assessment of the economic coherence of the programmes and the technical quality of the measures, the accuracy of the estimates and the financing plans and the implementation capability. The abovementioned body shall reject applications containing information which is obviously false and to which Article 2 (4) applies.
3. The competent body shall draw up a list of all the applications for aid and send it to the Commission with a copy of the applications selected and the reasoned opinion, and also the reasons for not having selected the others.
This information shall be sent not later than 31 October each year. However, for 1990, the deadline shall be 15 December.
Article 6
Following scrutiny by the Management Committee for Fruit and Vegetables, in accordance with Article 34 of Council Regulation (EEC) No 1035/72 (1), the Commission shall draw up a list of the successful applications for Community financial assistance before 1 February of the year following their submission. However, for applications submitted in 1990, the list shall be drawn up before 1 April 1991.
The list shall be drawn up on the basis of the coherence of the strategies, the economic and technical merit of the proposed measures and programmes, their likely impact, the innovations they represent and their capacity to produce a significant increase in the consumption and utilization of apples and citrus fruit, as well as the assurances of the effectiveness and representativeness of the groups.
Priority shall be given to measures covering more than one Member State and likely to have an impact on the Community market.
The Commission shall notify the list of selected measures to the competent body in the Member States immediately.
Article 7
1. Each interested party shall be informed as promptly as possible by the competent body of the outcome of its application.
2. Contracts regarding the selected measures shall be concluded between the competent bodies and the interested parties before 28 February. However, for applications submitted in 1990, contracts shall be concluded before 1 June 1991.
The bodies shall use for this purpose the standard contracts made available to them by the Commission. These contracts shall contain the applicable general conditions which the contracting party must acknowledge and accept.
Article 8
Interested parties shall lodge applications for payment with the competent body as follows.
1. From the fourth month following conclusion of the contract, the interested party may submit an application for an advance payment accompanied by the appropriate supporting documents.
The advance payment may cover 50 % of the eligible expenditure incurred; it may not, however, exceed 50 % of the maximum Community contribution for the measure or measures.
Payment of the advance shall be conditional on the lodging, with the competent body, of a security equal to the amount of the advance plus 10 %, in accordance with the conditions set out in Title III of Commission Regulation (EEC) No 2220/85 (2).
2. Where contracts are concluded for a period of more than one year, a new advance shall be paid, at the request of the interested party, from the date on which the contract was concluded the previous year, upon presentation of the appropriate supporting documents and the lodging, as above, of a security equal to the amount of the second advance plus 10 %.
3. However, the total of the advance paid may not exceed 80 % of the maximum Community contribution to the cost of the measures.
4. The application for payment of the balance shall be lodged not later than the end of the third month following the date specified in the contract for completion of the measures.
It shall be accompanied by:
- the appropriate supporting documents,
- a statement summarizing the measures carried out,
- a report assessing the results obtained to the extent they can be stated on the date of the report, and how these can be further exploited.
5. The competent body shall immediately transmit to the Commission a copy of the summary statement and the assessment report referred to in paragraph 4.
The Commission may present its comments within 45 days.
6. Payment of the balance shall be conditional on verification of the information in the summary statement and the report referred to paragraph 4 and on the ascertainment that the obligations laid down in the contract have been fulfilled.
7. The competent body shall carry out the payments within three months from receipt of the application. However, it may postpone payment of an advance or a balance in cases where additional verification is required.
8. Release of the securities referred to in paragraphs 1 and 2 shall be conditional on payment of the balance of the financial assistance for the measures in question.
Article 9
The competent bodies shall take the necessary measures to verify
- the accuracy of the information and supporting documents supplied,
- fulfilment of all the contractual obligations,
in particular by means of technical, administrative and accounting checks at the premises of the contracting party, any partners of the contracting parties and subcontractors.
They shall inform the Commission immediately of any irregularities discovered.
Article 10
In cases where payment is made wrongly, the competent body shall recover the sums paid, plus interest over the period from the date of payment to the date of actual recovery. The interest rate applicable shall be that in force for similar recovery operations under national law.
Article 11
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, 31 July 1990.
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Commission Regulation (EC) No 1741/2003
of 1 October 2003
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1947/2002(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 2 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 October 2003.
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COMMISSION REGULATION (EC) No 2082/2000
of 6 September 2000
adopting Eurocontrol standards and amending Directive 97/15/EC, adopting Eurocontrol standards and amending Council Directive 93/65/EEC
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air traffic management equipment and systems(1) and in particular Article 3 thereof,
Having regard to Commission Directive 97/15/EC of 25 March 1997 adopting Eurocontrol standards and amending Council directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air traffic management equipment and systems(2),
Whereas:
(1) Directive 97/15/EC adopted the Eurocontrol standard for On-Line Data Interchange (OLDI), edition 1.0 and the Eurocontrol standard for Air Traffic Services Data Exchange Presentation (ADEXP), edition 1.0.
(2) Eurocontrol adopted more recent versions of the two standards mentioned above, i.e. OLDI edition 2.2 and ADEXP edition 2.0 and also a new Eurocontrol standard named Flight Data Exchange - Interface Control Document (FDE-ICD).
(3) These Eurocontrol standards fall within the scope of Directive 93/65/EEC and contribute to the harmonisation of Member States' air traffic management national systems, particularly concerning the transfer of flights between air traffic control centres (OLDI), the air traffic flow management (ADEXP) and the communications between national systems (FDE-ICD).
(4) Editions 2.2 of OLDI and 2.0 of ADEXP supersede previous editions presently in force according to the provisions of Article I of Directive 97/15/EC and therefore that Article has to be repealed.
(5) The provisions of this Regulation are in accordance with the opinion of the Committee established in accordance with Directive 93/65/EEC,
HAS ADOPTED THIS REGULATION:
Article 1
In as much as they are necessary for the implementation of an integrated European air traffic management system, the mandatory elements of Eurocontrol specifications included in the following Eurocontrol standards documents are adopted in the framework of Directive 93/65/EEC:
- the Eurocontrol standard for On-Line Data Interchange (OLDI), edition 2.2 (Eurocontrol document reference DPS.ET1.ST06-STD), the text of which is included in Annex I to the present Regulation,
- the Eurocontrol standard for Air Traffic Services Data Exchange Presentation (ADEXP), edition 2.0 (Eurocontrol document reference DPS.ET1.ST09-STD), the text of which is included in Annex II to the present Regulation,
- the Eurocontrol standard for Flight Data Exchange - Interface Control Document (FDE-ICD), edition 1.0 (Eurocontrol document reference COM.ET1.ST12-STD), the text of which is included in Annex III to the present Regulation.
Article 2
Article I of Directive 97/15/EC is hereby repealed.
Article 3
The present Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
The present Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 September 2000.
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Commission Regulation (EC) No 128/2004
of 23 January 2004
amending Regulation (EEC) No 2676/90 determining Community methods for the analysis of wines
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), and in particular Article 46(3) thereof,
Whereas:
(1) The method for measuring the alcoholic strength of wine by hydrostatic balance has been updated and validated in accordance with internationally recognised criteria. The International Vine and Wine Office adopted the new description of this method at its General Assembly in 2003.
(2) Use of this measurement method can constitute a simpler and more accurate means of checking the alcoholic strength by volume of wines and thereby avoid the disputes arising from the use of less accurate methods.
(3) The updated description of this method, together with the experimental values for the validation parameters of the method, should be included in Chapter 3 of the Annex to Commission Regulation (EEC) No 2676/90(2).
(4) Regulation (EEC) No 2676/90 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Chapter 3 of the Annex to Regulation (EEC) No 2676/90 "Alcoholic strength by volume" is hereby amended as follows:
1. in paragraph 2, point 2.3.2 is deleted;
2. the text in the Annex to this Regulation is inserted as paragraph 4a after paragraph 4,
3. in paragraph 5, point 5.2 "Densimetry using a hydrostatic balance" is deleted.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 January 2004.
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Commission Regulation (EC) No 1520/2000
of 13 July 2000
laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community;
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1), and in particular the first subparagraph of Article 8(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 1222/94 of 30 May 1994(2), as last amended by Regulation (EC) No 701/2000(3), laid down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amounts of such refunds. As this Regulation has been amended fifteen times, Regulation (EC) No 1222/94 should now be recast for reasons of clarity when new changes are made.
(2) The Regulations on the common organisation of the markets in eggs, cereals, rice, milk and milk products, and sugar provide that, to the extent required to allow the agricultural products in question to be exported in the form of certain processed goods not listed in Annex I to the Treaty on the basis of world market quotations or prices for such products, the difference between such quotations or prices and prices in the European Union may be covered by an export refund.
(3) Commission Regulation (EC) No 800/1999(4) lays down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds. However, the way these arrangements apply to goods not covered by Annex I needs to be clarified.
(4) Article 11 of the Agreement on Agriculture annexed to the Agreement establishing the World Trade Organisation lays down that refunds granted on exports of agricultural products incorporated in goods not covered by Annex I to the Treaty may not exceed the refunds that would be payable on those products when exported in the unaltered state. Account must be taken of this when rates of refund are fixed and assimilation rules defined.
(5) Potato starch is assimilated to maize starch. However, it must be possible to fix a specific refund rate for potato starch in market situations where its price is significantly lower than that of maize starch.
(6) Such goods may be obtained directly from basic products, from products obtained from the processing of basic products, or from products assimilated to either of these categories. Rules should be laid down for determining the amount of the export refund in each of these cases.
(7) Many goods manufactured by an undertaking under clearly defined technical conditions and having constant characteristics and quality follow a regular export pattern. To ease export formalities, a simplified procedure should be adopted for such goods whereby the manufacturer communicates to the competent authorities such information as the latter consider necessary concerning the conditions of manufacture of the goods.
(8) The agricultural product content of most exported goods is bound to vary. The amount of the refund must therefore be determined on the basis of the quantities of agricultural products actually used in the manufacture of the exported goods. However, for certain goods of a simple and relatively constant composition, the amount of the refund should, for ease of administration, be determined on the basis of fixed quantities of agricultural products. Where these quantities are registered with the competent authorities, provision should be made for annual confirmation of such registration in order to reduce the risks associated with failure to communicate changes in the quantities of products used to manufacture the goods in question.
(9) In the absence of evidence that no production refund was granted pursuant to Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively(5), as last amended by Regulation (EC) No 87/1999(6), or pursuant to Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down general rules for the production refund on certain sugar products used in the chemical industry(7), as last amended by Commission Regulation (EC) No 2074/98(8), the export refund should be reduced by the amount of the production refund applicable on the date of acceptance of the export declaration. This is the only system which avoids the risk of fraud.
(10) Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products(9), as last amended by Regulation (EEC) No 2026/83(10), and Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products(11), established a system for the advance payment of export refunds which must be taken into account when export refunds are adjusted.
(11) Measures should be taken to ensure strict compliance with the Community's commitments. Moreover, these measures should not impose unnecessary constraints on operators.
(12) The agreements reached in accordance with Article 300 of the Treaty limit the amount of refunds that may be granted in any budget year. It must be possible to export goods not covered by Annex II to the Treaty under conditions which are known in advance; In particular, it must be possible to obtain an assurance that these exports are eligible for a refund compatible with the Community's commitments under the agreements or, where this can no longer be the case, to be informed thereof sufficiently in advance; Furthermore, the issue of certificates makes it possible to monitor refund applications and to guarantee that refunds can be paid to certificate holders up to the amount stated on the certificate, provided the certificate holder complies with the other conditions for refunds laid down in the Community rules.
(13) These Agreements concern all agricultural products exported in the form of goods not covered by Annex I to the Treaty. These products include certain cereals exported in the form of spirituous beverages referred to in Article 13(5) of Regulation (EEC) No 1766/92(12). Regulation (EEC) No 2825/93(13), as amended by Regulation (EC) No 3098/94(14), lays down certain detailed rules for such cereals. The granting of refunds on all agricultural products exported in the form of goods not covered by Annex I to the Treaty should be subject to common rules.
(14) It is highly likely that certificate applications will be received for greater amounts than can be granted. The year should therefore be divided into periods so that certificates can be made available both to operators who export at the end of the budget year and to those who export at the beginning of the budget year. Where appropriate, a reduction coefficient should be applied to all amounts requested.
(15) The conditions for the release of the security pertaining to certificates subject to Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products(15), as last amended by Regulation (EC) No 1932/1999 of 9 September 1999(16), should be laid down.
(16) Certain types of exports are not subject to limits on the payment of refunds as a result of international commitments entered into by the European Union. Such exports should be free from any obligation to present a refund certificate.
(17) Most exporters receive less than 50000 euros a year in refunds. Taken together, these exports account for only a small part of the total amount of refunds granted on agricultural products exported in the form of goods. It should be possible to exempt such exports from the requirement to present a certificate.
(18) Some exporters respond to invitations to tender issued by importing third countries. Should their tender be rejected, such exporters must be able to deduct the amount which they had set aside for their tender from the amount covered by their certificate, without incurring any penalty.
(19) Refund certificates serve to ensure compliance with the commitments entered into by the European Union vis-à-vis the World Trade Organisation; they also make it possible to determine in advance the refund which can be granted on agricultural products used in the manufacture of goods exported to third countries. This purpose differs, in some respects, from the objectives of export licences issued for basic products exported in the unaltered state which are subject to commitments vis-à-vis the World Trade Organisation involving quantitative restrictions. It is therefore necessary to specify which general provisions applicable to agricultural licences and certificates, currently laid down by Regulation (EC) No 1291/2000(17) laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural product.
(20) Management of the amounts of refunds which may be granted during a budget year on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty may result in a need to fix different rates for exports with or without advance fixing of the rate of refund on the basis of developments on Community and world markets.
(21) Monitoring arrangements should be established, based on the principle of the exporter declaring to the competent authorities, each time goods are exported, the quantities of products used to manufacture the exported goods. The competent authorities are responsible for taking any measures they consider necessary to verify the accuracy of such declarations.
(22) In consultation with the competent authorities of the Member State in which the goods are manufactured, operators should be permitted to make a simplified declaration of the products used, in the form of aggregated quantities of these products, provided they keep a detailed record of the products used and make it available to the said authorities.
(23) It is not always possible for the exporter, particularly if he is not the manufacturer, to know the precise quantities of agricultural products used on which he can claim a refund. Therefore, the exporter is not always able to declare such quantities. It is therefore necessary to provide an alternative method of calculation of the refund which the person concerned may ask to be applied, restricted to certain goods, based on the chemical analysis of these goods, and using a conversion table drawn up for this purpose. When this method of calculation is used for certain goods listed in the Annex to Commission Regulation (EEC) No 1722/93, the origin of the starch used is unknown. A production refund may have been granted in respect of that starch; these goods may not therefore be the subject of an export refund for starch.
(24) The authorities responsible for checking the exporter's declaration may not possess sufficient evidence to enable them to accept the declaration of the quantities used, even if it is based on a chemical analysis. Such situations are particularly likely to arise when the goods to be exported have been manufactured in a Member State other than the exporting State. Therefore, the competent authorities of the exporting Member State should be able, if necessary, to obtain directly from the competent authorities of the other Member States all the information which the latter authorities are able to obtain concerning the conditions of manufacture of the goods.
(25) Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs(18) authorises butter and cream to be made available at reduced prices to industries which manufacture certain goods. Account must be taken of this when refunds are calculated on the basis of chemical analysis.
(26) It is desirable to ensure the uniform application throughout the European Union of the provisions on the granting of refunds on goods not covered by Annex I to the Treaty. To that end, each Member State should inform the other Member States, via the Commission, of the monitoring arrangements applied in its territory to the various types of exported goods.
(27) Article 31(10), (11) and (12) of Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(19) lays down the conditions which must be met before a refund is granted on certain milk products which have been imported and then re-exported in the form of goods not covered by Annex I to the Treaty.
(28) Account must be taken of the increased quantities of certain milk products imported at a reduced tariff under agreements concluded with certain non-member countries and the possibility of granting an export refund higher than such reduced tariff.
(29) To ensure correct application of the provisions of the Regulations on the common organisation of markets relating to the granting of export refunds, such refunds should not be granted on products from non-member countries used in the manufacture of goods which are exported after having been in free circulation in the European Union.
(30) The coefficients applicable when determining the refund on certain processed agricultural products should be fixed and the refund per 100 kg of products used should be published.
(31) The Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I to the Treaty has not delivered an opinion in the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down common detailed rules for the application of the system of granting refunds on exports of the basic products listed in Annex A (hereinafter referred to as "basic products"), of products derived from the processing thereof, or of products assimilated to one of those two categories in accordance with paragraph 3, when these various products are exported in the form of goods not covered by Annex I to the Treaty but listed, as the case may be:
- in Annex I to Council Regulation (EEC) No 2771/75(20),
- in Annex B to Council Regulation (EEC) No 1766/92,
- in Annex B to Council Regulation (EC) No 3072/95(21),
- in Annex II to Council Regulation (EC) No 1255/1999(22),
- in Annex I to Council Regulation (EC) No 2038/1999(23).
Such goods, which are listed in Annexes B and C to this Regulation, are hereinafter referred to as "goods".
2. For the purpose of this Regulation:
(a) "budget period" means the period from 1 October of one year to 30 September of the following year;
(b) "certificate" or "refund certificate" means the certificate drawn up in accordance with Articles 6 to 14, valid throughout the European Union and issued by the Member States to any applicant, regardless of his place of establishment in the European Union. The refund certificate shall guarantee payment of the refund, provided the conditions set out in Article 16 are met. It may include advance fixing of the refund rates. Certificates shall be valid for a single budget period only;
(c) "the Agreement" means the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations;
(d) "food aid" means food aid operations meeting the conditions laid down in Article 10(4) of the Agreement.
3. For the purposes of this Regulation:
(a) potato starch falling within CN code 1108 13 00 directly produced from potatoes, excluding sub-products, shall be assimilated to a product derived from the processing of maize;
(b) whey falling within CN codes 0404 10 48 to 04041062 not concentrated, whether or not frozen, shall be assimilated to powdered whey listed in Annex A (PG 1);
(c) - milk and milk products falling within CN codes 04031011, 0403 90 51 and 0404 90 21, not concentrated nor containing added sugar or other sweetening matter, whether or not frozen, of a milk fat content, by weight, not exceeding 0,1 %
and
- milk and milk products falling within CN codes 04031011, 0403 90 11 and 0404 90 21, in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, of up to 1,5 %
shall be assimilated to skimmed-milk powder listed in Annex A (PG 2);
(d) - milk, cream and milk products falling within CN codes 04031011, 0403 10 13, 0403 90 51, 0403 90 53, 0404 90 21 and 04049023, not concentrated nor containing added sugar or other sweetening matter, whether or not frozen, of a milk fat content, by weight, exceeding 0,1 % but not exceeding 6 %
and
- milk, cream and milk products falling within CN codes 04031011, 0403 10 13, 0403 10 19, 0403 90 13, 0403 90 19, 04049023 and 0404 90 29 in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, exceeding 1,5 % but less than 45 %
shall be assimilated to whole milk powder listed in Annex A (PG 3);
(e) - milk, cream and milk products falling within CN codes 04031019, 0403 90 59, 0404 90 23 and 0404 90 29, not concentrated nor containing added sugar or other sweetening matter, of a milk fat content, by weight, exceeding 6 %,
- milk, cream and milk products falling within CN codes 04031019, 0403 90 19 and 0404 90 29, in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, of not less than 45 %,
and
- butter and other milk fats with a milk fat content, by weight, other than 82 % but not less than 62 %, falling within CN codes 040510, 0405 20 90, 0405 90 10, 0405 90 90
shall be assimilated to butter listed in Annex A (PG 6);
(f) - milk, cream and milk products falling within CN codes 04031011 to 0403 10 19, 0403 90 51 to 0403 90 59 and 0404 90 21 to 0404 90 29, concentrated, other than in powder, granules or other solid forms, not containing added sugar or other sweetening matter
and
- cheese
shall be assimilated to:
(i) skimmed-milk powder listed to in Annex A (PG 2) regarding the non-fat part of the dry matter content of the assimilated product
and
(ii) butter referred to in Annex A (PG 6) for the milk fat part of the assimilated product.
(g) husked rice falling within CN code 1006 20 shall be assimilated to wholly milled rice falling within CN codes 10063061 to 1006 30 98;
(h) raw beet or cane sugar falling within CN code 17011190 or CN code 1701 12 90 and containing, in the dry state, at least 92 % by weight of sucrose determined by the polarimetric method,
- sugar falling within CN codes 1701 91 00 or 17019990,
- the products referred to in Article 1(1)(d) of Regulation (EC) No 2038/1999, excluding mixtures obtained partly using products covered by Regulation (EEC) No 1766/92,
- the products referred to in Article 1(1)(f) and (g) of Regulation (EC) No 2038/1999, excluding mixtures obtained partly using products covered by Regulation (EEC) No 1766/92,
which meet the conditions of eligibility for a refund laid down in Regulation (EC) No 2038/1999 and in Regulation (EC) No 2135/95(24) when exported unprocessed shall be assimilated to white sugar falling within CN code 17019910.
4. However, if the party so requests, in agreement with the competent authority, the milk products referred to in paragraph 3(d) shall be assimilated to:
(i) skimmed-milk powder referred to in Annex A (PG 2) for the non-fat part of the dry matter content of the assimilated product
and
(ii) butter referred to in Annex A (PG 6) for the milk fat part of the assimilated product.
Article 2
The amount of the refund granted for the quantity, determined in accordance with Article 3, of each of the basic products exported in the form of the same type of goods shall be obtained by multiplying this quantity by the rate of the refund on the basic product calculated per unit of weight in accordance with Article 4.
However, in the case of D-glucitol (sorbitol) mixtures falling within CN codes 290544 and 3824 60, where the party concerned does not draw up the declaration referred to in Article 16(1) giving the information required by the fourth subparagraph of Article 16(4) or where he does not provide satisfactory documentation in support of his declaration, the rate of refund on these mixtures shall be that for the basic product to which the lowest rate of refund applies.
Where, in accordance with Article 4(3), different refund rates may be fixed for a particular basic product, a separate amount shall be calculated for each of the quantities of the basic product for which there is a different refund rate.
Where goods are used in the manufacture of the goods exported, the refund rate to be taken in calculating the amount applying to each of the basic products, to products derived from the processing thereof, or to products assimilated to one of those two categories in accordance with Article 1(3) which were used in the manufacture of the goods exported, shall be the rate applicable when the former goods are exported unprocessed.
Article 3
1. In respect of the goods listed in Annex B, the quantity of each of the basic products to be taken in calculating the amount of the refund shall be determined as follows, except where reference is made to Annex C or where the second subparagraph of Article 16(3) applies:
(a) in the case of use, unprocessed, of a basic product or of an assimilated product, the quantity shall be that which is actually used in the manufacture of the exported goods, account being taken of the following conversion rates:
- 6,06 kg of the pilot product of Group 1 shall correspond to 100 kg of whey assimilated to that pilot product in accordance with Article 1(3)(b),
- 9,1 kg of the pilot product of Group 2 shall correspond to 100 kg of milk products assimilated to that pilot product in accordance with the first indent of Article 1(3)(c),
- 1,01 kg of the pilot product of Group 2 shall correspond to the non-fat part of 100 kg of milk products assimilated to that pilot product in accordance with the first indent of Article 1(3)(f) or Article 1(4)(i) per 1 % by weight of non-fat dry matter contained in the milk product in question,
- 0,8 kg of the pilot product of Group 2 shall correspond to the non-fat part of 100 kg of cheese assimilated to that pilot product in accordance with the second indent of Article 1(3)(f) per 1 % by weight of non-fat dry matter contained in the cheese,
- 3,85 kg of the pilot product of Group 3 shall correspond to 100 kg of one of the milk products assimilated to that pilot product in accordance with Article 1(3)(d) with a milkfat content in the dry matter of not more than 27 % by weight per 1 % by weight of milkfat contained in the milk product in question.
However, at the request of the party concerned, 3.85 kg of the pilot product of Group 3 shall correspond to 100 kg of liquid milk assimilated to that pilot product in accordance with the first indent of Article 1(3)(d) with a milkfat content in the liquid milk not exceeding 3,2 % by weight per 1 % by weight of milkfat contained in the milk product in question,
- 100 kg of the pilot product of Group 3 shall correspond to 100 kg of dry matter contained in one of the milk products assimilated to that pilot product in accordance with Article 1(3)(d) with a milkfat content in the dry matter exceeding 27 % by weight.
However, at the request of the party concerned, 12.32 kg of the pilot product of Group 3 shall correspond to 100 kg of liquid milk assimilated to that pilot product in accordance with the first indent of Article 1(3)(d) with a milkfat content in the liquid milk exceeding 3,2 % by weight,
- 1,22 kg of the pilot product of Group 6 shall correspond to 100 kg of one of the milk products assimilated to that pilot product in accordance with Article 1(3)(e) per 1 % weight of milkfat contained in the milk product in question,
- 1,22 kg of the pilot product of Group 6 shall correspond to the fat part of 100 kg of one of the milk products assimilated to that pilot product in accordance with the first indent of Article 1(3)(f) or 1(4)(ii) per 1 % by weight of milkfat contained in the milk product in question,
- 0,8 kg of the pilot product of Group 6 shall correspond to the fat part of 100 kg of cheese assimilated to that pilot product in accordance with the second indent of Article 1(3)(f) per 1 % by weight of milkfat contained in the cheese,
- 77,5 kg of round-grain wholly milled rice shall correspond to 100 kg of husked round-grain rice as referred to in Article 1(3)(g),
- 69 kg of wholly milled long grain rice shall correspond to 100 kg of husked medium grain or long grain rice referred to in Article 1(3)(g),
- 92 kg of white sugar shall correspond to 100 kg of raw sugar referred to in the first indent of Article 1(3)(h),
- 1 kg of white sugar shall correspond to 100 kg of sugar referred to in the second indent of Article 1(3)(h) per 1 % of sucrose,
- 1 kg of white sugar shall correspond to 100 kg of one of the products referred to in the third indent of Article 1(3)(h) meeting the conditions laid down in Article 3 of Regulation (EC) No 2135/95, per 1 % of sucrose (plus, where applicable, the content of other sugars calculated in sucrose equivalent) determined in accordance with the said Article 3,
- 100 kg of white sugar shall correspond to 100 kg of dry matter [determined in accordance with Article 5 of Regulation (EC) No 2135/95] contained in isoglucose or isoglucose syrup referred to in the fourth indent of Article 1(3)(h) meeting the conditions laid down in Article 5 of Regulation (EC) No 2135/95;
(b) in the case of use of a product covered by Article 1 of Regulation (EEC) No 1766/92 or Regulation (EC) No 3072/95, whether:
- resulting from the processing of a basic product or of a product assimilated to that basic product,
- or assimilated to a product resulting from the processing of a basic product,
- resulting from the processing of a product assimilated to a product resulting from the processing of a basic product,
this quantity shall be the quantity actually used in the manufacture of the exported goods, adjusted to correspond to a quantity of the basic product by applying the coefficients set out in Annex E;
However, for grain spirit contained in spirituous beverages falling within CN code 2208, this quantity shall be 3,4 kg of barley per % vol of alcohol derived from cereals per hectolitre of the spirituous beverage exported;
(c) in the case of use:
- of a product not covered by Annex I to the Treaty derived from the processing of a product referred to in (a) or (b), or
- of a product derived from the mixture and/or processing of several products referred to in (a) and/or (b), and/or products referred to in the first indent,
the quantity, to be determined on the basis of the quantity of the product actually used in the manufacture of the goods exported, shall be equal, for each of the basic products in question and subject to the provisions of paragraph 3, to the quantity established by the competent authorities in accordance with Article 16(1). For the purpose of calculating this quantity the conversion rates referred to in (a) or, as the case may be, the special rules for calculation, equivalence ratios and coefficients referred to in (b) shall apply.
However, for the cereal-based spirituous beverages contained in spirituous beverages falling within CN code 2208, this quantity shall be 3,4 kg of barley per % vol of alcohol derived from cereals per hectolitre of the spirituous beverage exported.
2. For the purposes of paragraph 1, the products used unprocessed in the manufacture of exported goods shall be considered as actually used. Where, during one of the stages of manufacture of such goods, a basic product is itself processed into another more elaborate basic product used at a later stage, only the latter basic product shall be considered as actually used.
The quantities of products actually used, within the meaning of the first subparagraph, shall be determined for each type of goods exported.
However, in the case of regular exports of goods manufactured by a particular undertaking under clearly defined technical conditions and having constant characteristics and quality, the quantities may, by agreement with the competent authorities, be determined either from the manufacturing formula for the goods in question or from the average quantities of product used over a specified period in the manufacture of a given quantity of these goods. The quantities of products thus determined shall remain the basis of calculation so long as there is no change in the conditions under which the goods in question are manufactured.
Except in the case of a formal authorisation given by the competent authority, the quantities of products thus determined shall be confirmed at least once a year.
In determining the quantities actually used, account shall be taken of the provisions of Commission Regulation (EEC) No 3615/92(25).
3. In respect of the goods listed in Annex C, the quantity of basic products to be taken in calculating the amount of the refund shall be that shown in that Annex against each of those goods.
However:
(a) in the case of fresh pasta, the quantities of basic products given in Annex C have to be reduced to an equivalent quantity of dry pasta by multiplying those quantities by the percentage of the dry extract of the pasta and dividing them by 88;
(b) where the goods in question have been manufactured partly from products covered by inward processing arrangements and partly from products satisfying the conditions laid down in Article 23 of the Treaty, the quantity of basic products to be taken for calculating the refund to be granted in respect of the latter class of products shall be determined in accordance with paragraphs 1 and 2.
Article 4
1. The rate of refund shall be fixed each month per 100 kg of basic products in accordance with Article 13(3) of Regulation (EEC) No 1766/92 and the corresponding Articles of the other Regulations referred to in Article 1(1).
It may be modified in accordance with Article 13(3) of Regulation (EEC) No 1766/92 and the corresponding Articles of the other Regulations referred to in Article 1(1).
However, the rate of the refund on poultry eggs in shell, fresh or preserved, and eggs not in shell and egg yolks, suitable for human consumption, fresh, dried or otherwise preserved, not sweetened, shall be fixed for the period taken for fixing the refunds on those products exported unprocessed.
2. The rate of the refund shall be determined with particular reference to:
(a) the average cost incurred by the processing industries in obtaining supplies of basic products on the European Union market and the prices prevailing on the world market;
(b) the level of the refund on exports of processed agricultural products covered by Annex I to the Treaty which are manufactured under similar conditions;
(c) the need to ensure equal conditions of competition between industries which use Community products and those which use third country products under inward processing arrangements;
(d) on the one part the trend in expenditure and on the other part the trend in prices in the Community and on the world market;
(e) compliance with the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
In the case of potato starch falling within CN code 11081300, the rate of the refund shall be fixed separately, in maize equivalent, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 by applying the criteria indicated above. The quantities of potato starch used shall be converted into equivalent quantities of maize in accordance with Article 3(1)(b).
3. In fixing the rate of the refund account shall be taken, where appropriate, of production refunds, aids or other measures having equivalent effect applicable in all Member States, in accordance with the regulation on the common organisation of the market in the product in question, to basic products or to assimilated products.
4. Except in the case of cereals, no refund shall be granted on products used in the manufacture of alcohol contained in the spirituous beverages referred to in Annex B falling within CN code 2208.
5. The export of goods falling under CN code 35051050 only enjoys a reduced rate in view of the production refund applicable to the basic product used during the assumed period of manufacture of the goods pursuant to Regulation (EEC) No 1722/93. The rates thus determined shall be fixed in accordance with the procedure laid down in paragraph 1.
6. (a) The refund on starches falling within CN code 11081100 to 1108 19 90 or products listed in Annex A to Regulation (EEC) No 1766/92 resulting from the processing of such starches is granted only on production of a declaration from the supplier of those products attesting that they have been directly produced from cereals, potatoes or rice, excluding all use of sub-products obtained in the production of other agricultural products or goods.
The declaration referred to in the first subparagraph may apply, until revocation, to all supplies from the same producer; it shall be verified in accordance with Article 16(1).
(b) Where the dry-extract content of potato starch assimilated to maize starch pursuant to Article 1(3)(a) is 80 % or higher, the rate of the export refund shall be that laid down in accordance with paragraph 1; where the dry-extract content is less than 80 %, the rate of the refund shall be that laid down in accordance with paragraph 1 multiplied by 1/80th of the actual dry-extract percentage.
For all other starches with a dry-extract content of 87 % or more, the rate of the export refund shall be that laid down in accordance with paragraph 1; where the dry-extract content is less than 87 %, the rate of the refund shall be that laid down in accordance with paragraph 1 multiplied by 1/87th of the actual dry-extract percentage.
Where the dry-extract content of glucose or maltodextrin syrups falling within CN codes 17023059, 1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is 78 % or more, the rate of the export refund shall be that laid down in accordance with paragraph 1; where the dry-extract content of such syrups is less than 78 %, the rate of the refund shall be that laid down in accordance with paragraph 1, multiplied by 1/78th of the actual dry-extract percentage.
(c) For the purpose of (b), the dry-extract content of starches shall be determined using the method referred to in Annex II to Commission Regulation (EEC) No 1908/84(26); the dry-matter content of glucose or maltodextrin syrups shall be determined using method 2 referred to in Annex II to Council Directive 79/796/EEC(27) or any other suitable method of analysis offering at least the same guarantees.
(d) When the declaration referred to in Article 16(1) is made, the applicant must declare the dry-extract content of the starches or glucose or maltodextrin syrups used.
7. Where the world trade situation in casein falling within CN code 350110, in caseinates falling within CN code 35019090 or in ovalbumin falling within CN codes 35021190 and 3502 19 90 or the specific requirements of certain markets so require, the refund on these goods may be differentiated according to destination.
8. The rate of refunds on goods falling within CN codes 19021100, 1902 19 and 19024010 may be differentiated according to their destination.
9. The refund may vary according to whether or not it is fixed in advance in accordance with Article 7(2).
Article 5
1. The rate of the refund shall be that applying on the day on which the goods are exported.
2. However, a system of fixing the rate of the refund in advance shall apply.
Where the system of advance fixing of the rate of the refund is applied, the rate in force on the day on which the application for advance fixing is lodged shall apply to goods exported at a later date during the period of validity of the refund certificate in accordance with the provisions of Article 9(2).
The rate of the refund determined in accordance with the preceding subparagraph shall be adjusted using the same rules as apply to the advance fixing of refunds for basic products exported unprocessed, but using the conversion coefficients laid down in Annex E for processed cereal products.
The previous subparagraph shall not apply to applications for advance fixing made up to and including 24 March 2000.
Article 6
1. From 1 March 2000, the granting of refunds on exports of agricultural products meeting the conditions set out in Article 16 or on cereals placed under control for the production of the spirit drinks referred to in Article 4 of Regulation (EEC) No 2825/93 shall be conditional on production of a refund certificate issued in accordance with Article 7.
The previous subparagraph shall not apply to exports which are part of an international food aid operations within the meaning of Article 10(4) of the Agreement, to the supplies referred to in the third indent of Article 4(1) or Articles 36, 40, 44, 45 and 46(1) of Regulation (EC) No 800/1999, or to the exports referred to in Article 14.
2. The granting of the refund under the advance fixing system provided for in Article 5(2) shall be conditional on production of a refund certificate showing advance fixing of the refund rates.
3. The refund certificate shall not be transferable. It shall be used by the holder.
4. Where the applicant has no plans to export from a Member State other than that in which he is applying for the refund certificate, the competent body may keep it, notably in the form of a computer file.
5. For the application of this Article to cereals placed under control for the manufacture of the spirit drinks referred to in Article 4 of Regulation (EEC) No 2825/93, any reference to the term "export" shall be understood to refer to the act of placing cereals under such control.
Article 7
1. The refund certificate shall be requested and issued for a set amount in euros.
The application for a refund certificate and the refund certificate itself shall be based on the model in Annex F or subject to the provisions of Article 20.
2. The party concerned may request advance fixing of the refund rates in force on the day of lodging of the application. In that case, the advance fixing concerns all the applicable refund rates. The sole application for advance fixing may be lodged under the conditions in Annex F either at the time of application for the refund certificate or on the day of granting of the refund certificate but before the last day of validity thereof.
The advance fixing shall not apply to exports taking place before the date of the application.
3. The issue of a refund certificate shall oblige the holder to apply for refunds equal to the amount for which the certificate has been issued on goods exported during the period of validity of the refund certificate. The security referred to in Article 11 shall be lodged to guarantee compliance with this obligation.
4. The obligations referred to in paragraph 3 shall be primary requirements for the purposes of Article 20 of Regulation (EEC) No 2220/85.
The primary requirement shall be considered to have been fulfilled if the exporter has transmitted the specific application(s) relating to goods exported during the period of validity of the refund certificate in accordance with the conditions laid down in section VI of Annex F. Where the specific application is not the export declaration, it must be lodged within three months of the date of acceptance of the export declaration, except in case of force majeure.
Proof that the primary requirement has been fulfilled shall be provided by means of the presentation to the competent authority of copy 1 of the duly recorded refund certificate, in accordance with the provisions of section VI of Annex F. This evidence must be presented by the end of the ninth month following the end of the period of validity of the refund certificate.
Article 8
1. Applications for refund certificates may be submitted:
(a) before 31 August for certificates valid from 1 October;
(b) before 5 November for certificates valid from 1 December;
(c) before 5 January for certificates valid from 1 February;
(d) before 5 March for certificates valid from 1 April;
(e) before 5 May for certificates valid from 1 June;
(f) before 5 July for certificates valid from 1 August;
2. Member States shall notify the Commission not later than:
- 5 September of the applications for certificates referred to in paragraph 1(a);
- 12 November of the applications for certificates referred to in paragraph 1(b);
- 12 January of the applications for certificates referred to in paragraph 1(c);
- 12 March of the applications for certificates referred to in paragraph 1(d);
- 12 May of the applications for certificates referred to in paragraph 1(e);
- 12 July of the applications for certificates referred to in paragraph 1(f);
3. The Commission shall determine the amount for which refund certificates may be issued on the basis of:
(a) the maximum amount of refunds determined in accordance with Article 9(2) of the Agreement,
minus
(b) where appropriate, the amount exceeding the maximum amount that may be granted during the previous budget year,
minus
(c) the amount reserved to cover the exports referred to in Article 14,
minus
(d) payments made during the budget year relating to exports prior to 1 March 2000,
minus
(e) payments made during the current budget year relating to exports during the previous budget period,
minus
(f) the amounts for which refund certificates valid during the budget period concerned have been issued,
plus
(g) the amount for which certificates issued, as referred to in Article 12, have been returned,
plus
(h) any under-utilisation of the reserved amount referred to in (c) above,
and
(i) any elements of uncertainty concerning some of these amounts.
4. The total amount for which certificates may be issued for each of the periods referred to in paragraph 1 shall be:
- 30 % of the amount referred to in paragraph 3 for the period referred to in paragraph 1(a);
- 20 % of the amount referred to in paragraph 3, determined on 12 November, for the period referred to in paragraph 1(b);
- 25 % of the amount referred to in paragraph 3, determined on 12 January, for the period referred to in paragraph 1(c);
- 33 % of the amount referred to in paragraph 3, determined on 12 March, for the period referred to in paragraph 1(d);
- 50 % of the amount referred to in paragraph 3, determined on 12 May, for the period referred to in paragraph 1(e);
- 100 % of the amount referred to in paragraph 3, determined on 12 July, for the period referred to in paragraph 1(f);
5. Should the total amount of the applications received for each of the periods concerned exceed the maximum referred to in paragraph 4, the Commission shall set a reduction coefficient applicable to all applications lodged before the corresponding date referred to in paragraph 1 so as to comply with the maximum referred to in paragraph 4.
The Commission shall publish the coefficient in the Official Journal of the European Communities within five working days of the date referred to in paragraph 2.
6. If a reduction coefficient is set by the Commission, certificates may be issued for the amount requested multiplied by 1 minus the reduction coefficient set as provided for in paragraph 5 or 8.
In this case, applicants may withdraw their applications within five working days of publication of the coefficient in the Official Journal of the European Communities.
7. Member States shall notify the Commission by 1 October, 1 December, 1 February, 1 April, 1 June and 1 August the amounts of the applications for refund certificates withdrawn pursuant to paragraph 6.
8. Applications for refund certificates may be lodged outside the periods referred to in paragraph 1, with effect from 1 October of each budget period. Applications submitted in the course of each week shall be notified to the Commission on the following Tuesday. The corresponding certificates may be issued from the Monday following notification, unless the Commission issues instructions to the contrary.
Where the Commission considers that there is a danger that the European Union may not meet its international commitments, it may apply a reduction coefficient to applications for refund certificates already lodged, taking account in particular of the calculation method referred to in paragraphs 3 and 4. It may also suspend the issue of certificates.
The Commission shall publish the coefficient in the Official Journal of the European Communities within four days of notification of the applications, as mentioned in the first subparagraph.
9. The applications for refund certificates referred to in the previous paragraph may be lodged only if no reduction coefficient has been set pursuant to paragraph 5 and until the amounts referred to in paragraph 4, plus the amounts for which no certificates were actually issued and the amounts for any certificates returned, have been used up.
10. Applications for refund certificates may be lodged from 15 August for goods to be exported before 1 October under the conditions laid down in paragraph 8 if amounts determined in accordance with paragraph 3 remain available.
11. The provisions of paragraphs 1-5, 7, 9 and 10 shall apply from 15 July 2000.
Article 9
1. Refund certificates shall be valid from the date indicated on the application for a certificate, under the conditions laid down in Annex F.
2. Refund certificate shall be valid until the end of fifth month following the month in which the application for this certificate has been made, or until the end of the budgetary period, if this is earlier.
However, if refund rates are fixed in advance, these rates remain valid until the end of the fifth month following the month in which the application for advance fixing was lodged, or until the end of the period of validity of the certificate if this is earlier.
In the case of certificates delivered after June 1, the Commission may extend their period of validity.
Where the rates of refund on goods exported from 1 March 2000 to 30 September 2000 are fixed in advance, those rates shall apply until the end of the period of validity of the certificate.
Applications for advance fixing shall be made in accordance with section II of Annex F.
Extracts of refund certificates may not be the subject of advance fixing independently of the certificate from which they are taken.
Article 10
Box 20 of applications for refund certificates and of refund certificates issued for international food aid transactions within the meaning of Article 10(4) of the Agreement shall contain one of the following indications:
"Certificado GATT - Ayuda alimentaria"
"GATT-attest - Fødevarehjælp"
"GATT-Bescheinigung - Nahrungsmittelhilfe"
"Πιστοποιητικό ΓΣΔE - Επισιτιστική βοήθεια"
"GATT certificate - Food aid"
"Certificat GATT - Aide alimentaire"
"Titolo GATT - Aiuto alimentare"
"GATT-certificaat - Voedselhulp"
"Certificado GATT - Ajuda alimentar"
"GATT-todistus - Elintarvikeapu"
"GATT-licens - Livsmedelsbistånd".
Article 8 shall not apply to such certificates.
By way of derogation from the Regulations fixing the rates of refund applicable to exports of basic products in the form of goods, the rates of refund fixed in advance applied to applications for certificates and certificates issued for food aid transactions shall be the rates applicable to other exports without advance fixing of refund rates. The rates to be taken into consideration shall be the rates in force on the day determined pursuant to Article 2 of Regulation (EC) No 259/98 in the case of exports of Community food aid or the day determined by Article 13(2) of Regulation (EC) No 174/1999(28) in the case of exports of milk or milk products as national food aid.
Article 11
Applications for refund certificates other than for food aid transactions referred to in Article 10 shall be valid only if a security equal to 25 % of the amount applied for has been lodged under the conditions set out in Article 15 of Regulation (EC) No 1291/2000.
The security shall be released under the conditions set out in Article 12.
Article 12
1. If the Commission sets a reduction coefficient pursuant to Article 8(5) and (8), part of the security equal to the amount lodged multiplied by the reduction coefficient shall be released immediately.
2. Should the applicant withdraw his application, as provided for in Article 8(6), 94 % of the security shall be released.
3. The security shall be released in full once the holder of the certificate has applied for refunds totalling 95 % of the amount for which the certificate was issued.
4. If the holder of the refund certificate fails to apply for refunds totalling at least 95 % of the amount for which it was issued, part of the security equal to 25 % of the difference between 95 % of the amount for which the certificate was issued and the amount of refunds actually applied for shall be retained.
5. However, where the holder of a certificate returns it before 28 February, the amount retained, determined in accordance with paragraph 4, shall be reduced by 50 %. If the holder returns the certificate after this date but before 15 August 2000 and before 31 May of other years, the amount retained, determined in accordance with paragraph 4, shall be reduced by 25 %.
6. The holder of a refund certificate who produces evidence that he has submitted a tender in response to an invitation to tender issued in an importing non-member country referred to in Article 49 of Regulation (EC) No 1291/2000 and that his tender was unsuccessful may ask that an amount equal to the refund which he would have obtained if the bid had been successful be waived. In this case, the certificate shall be reduced by this amount and the corresponding security shall be released.
Article 13
1. Before the end of each month the Member States shall notify the Commission of the amount of refunds granted in the previous month on goods exported before 1 March 2000.
2. Before 1 January 2001, and before 1 January of each subsequent year, the Member States shall notify the Commission of the total amounts of refunds which they have actually granted until the previous 30 September on goods exported in previous budget periods not previously notified, specifying the periods concerned.
3. For the purposes of the previous paragraph, refunds actually granted shall include advance payments. Reimbursements of refunds unduly paid shall be notified separately.
4. Before the 10th day of each month the Member States shall notify the Commission of:
(a) the amounts for which refund certificates were returned during the previous month in accordance with Article 12(5);
(b) the amounts for which refund certificates were returned or reduced during the previous month in accordance with Article 12(6);
(c) the amounts for which unused refund certificates expired;
(d) refund certificates issued during the previous month as referred to in Article 10.
Article 14
1. Until 30 September 2000 and for each budget period from 1 October 2000, exports not covered by a certificate are eligible for payment of a refund within the limit of a total reserve of 30 million euros for each budget year.
However, this Article shall not apply to exports which are part of an international food aid transaction within the meaning of Article 10(4) of the Agreement, nor to the supplies referred to in the third indent of Article 4(1) and Articles 36, 40, 44, 45 and 46(1) of Regulation (EC) No 800/1999.
2. This Article shall apply to exports by an exporter who has not held a refund certificate since the beginning of the budget period in question and who does not hold a certificate on the date of export. It shall apply only if the applications previously lodged by the exporter in accordance with paragraph 2 of section VI of Annex F during the budget year in question relate to a total amount of less than [fmxeuro] 50000.
It shall apply only in the Member State where the goods are manufactured or made up.
3. Member States shall notify the Commission no later than the fifth day of each month of the amounts of the refunds granted pursuant to this Article from the sixteenth day to the end of the previous month, and no later than the twentieth day of each month of the amounts of the refunds granted pursuant to this Article from the first to the fifteenth day of the current month.
If the sum of the amounts notified by the Member States reaches [fmxeuro] 20000000, the Commission shall suspend the application of paragraphs 1 and 2 to exports not covered by a refund certificate.
Article 15
1. Regulation (EC) No 1291/2000 shall apply to the refund certificates referred to in this Regulation, with the exception of the provisions concerning import licences.
The provisions on the rights and obligations stemming from refund certificates denominated in quantities shall apply mutatis mutandis to the rights and obligations stemming from the refund certificates referred to in this Regulation for amounts denominated in euros, taking account of the provisions in Annex F.
2. By way of derogation from paragraph 1, the following provisions of Regulation (EC) No 1291/2000 shall not apply to the refund certificates referred to in this Regulation:
- Articles 9, 12, 14, 21, 24, 32, 33, 35, 42, 46, 47, 50;
- Article 8(2);
- Article 8(4);
- Article 18(1);
- Article 36(5).
3. For the purposes of Article 40 of Regulation (EC) No 1291/2000, certificates valid until 30 September may not be extended. In this case, the certificate must be cancelled for any amounts not applied for due to force majeure.
Article 16
1. Regulation (EC) No 800/1999 shall apply. Moreover, when goods are to be exported, the party concerned must declare the quantities of basic products, of products derived from the processing thereof, or of products assimilated to one of those two categories in accordance with Article 1(3), which have actually been used, within the meaning of Article 3(2), in the manufacture of those goods, on which a refund will be requested, or otherwise refer to that composition if it has been determined in accordance with the third subparagraph of Article 3(2).
When goods have been used in the manufacture of goods to be exported, the declaration by the party concerned must include the quantity of the goods actually used and the nature and quantity of each of the basic products, of products derived from the processing thereof or of products assimilated to one of those two categories in accordance with Article 1(3), from which the goods in question are derived.
The party concerned shall, in support of his declaration, supply the competent authorities with all documents and information which the latter consider relevant.
The competent authorities shall verify the accuracy of the declaration made to them by any appropriate means.
At the request of the competent authorities of the Member State on whose territory the customs export formalities are carried out, the competent authorities of the other Member States shall communicate to them directly all information they are able to obtain to enable the declaration made by the party concerned to be verified.
2. By way of derogation from the preceding paragraph, and in consultation with the competent authorities, the declaration of the products and/or goods used may be replaced by an aggregated declaration of the quantities of products used or by a reference to a declaration of these quantities, if the latter have already been determined pursuant to the third subparagraph of Article 3(2) and on condition that the manufacturer places at the disposal of the authorities all the information necessary to verify the declaration.
3. Where the exporter does not draw up the declaration referred to in paragraph 1 or does not provide satisfactory information in support of his declaration, he shall not be entitled to a refund.
However, if the party concerned provides satisfactory evidence to the competent authorities that he does not possess or that he is unable to provide the information required regarding the conditions of manufacture of the goods to be exported, and if the goods are listed in columns 1 and 2 of Annex D, that party shall, at his express request, be granted a refund, the nature and quantity of the basic products taken into consideration for the calculation of such refund being determined from an analysis of the goods to be exported and in accordance with the conversion table in Annex D. The competent authority shall decide on the conditions under which the analysis is to be carried out.
The cost of such analysis shall be borne by the exporter.
If the exported goods are referred to in Article 4(1) of Regulation (EC) No 2571/97, the rate of the refund on milk products shall be that applicable to the use of reduced price dairy products, unless the exporter provides evidence that the goods do not contain reduced price dairy products.
4. Paragraphs 1 and 2 shall not apply to the quantities of agricultural products determined in pursuance of Annex C, except in respect of:
- quantities of products as referred to in the first subparagraph of paragraph 1 exported in the form of goods obtained partly from products covered by inward processing arrangements under the conditions defined in Article 3(3)(b),
- quantities of eggs or egg products exported in the form of pasta falling within CN code 19021100,
- the dry-matter content of fresh pasta referred to in Article 3(3)(a),
- the nature of the basic products actually used in the manufacture of D-glucitol (sorbitol) falling within CN codes 290544 and 3824 60, and, where necessary, the proportions of D-glucitol (sorbitol) obtained from amylaceous products and sucrose,
- quantities of casein exported in the form of goods falling within CN code 35019090,
- the degree plato of beer made from malt falling within CN code 22029010,
- the quantities of unmalted barley accepted by the competent authorities.
The description of the goods given on the export declaration and the application for a refund on goods listed in Annex C shall take account of the nomenclature in that Annex.
5. When goods are analysed in pursuance of this Article, the methods of analysis shall be those referred to in Commission Regulation (EEC) No 4056/87(29) or, in their absence, those applicable for the Common Customs Tariff classification of similar goods which are imported into the European Union.
6. The quantities of goods exported and the quantities of the products referred to in the first subparagraph of paragraph 1 or a reference to the composition determined in accordance with the third subparagraph of Article 3(2) shall be entered on the document certifying exportation. However, where the second subparagraph of paragraph 2 applies, the latter quantities shall be replaced by the quantities of basic products shown in column 4 of Annex D, corresponding to the results of the analysis of the goods exported.
7. For the purposes of paragraphs 1 and 2, each Member State shall inform the Commission of the checks carried out in its territory on the various kinds of goods exported. The Commission shall inform the other Member States thereof.
8. As regards exports effected between 1 October and 15 October of each year, refunds may not be paid before 16 October.
Article 17
1. Pursuant to Article 16, for goods falling within CN codes 04052010, 0405 20 30, 1806 90 60 to 1806 90 90, 1901 or2106 90 98 containing a high percentage of milk products falling within CN codes 04021019, 0402 21 19, 0405 00 or 0406, hereinafter referred to as "milk products", the party concerned must also declare either:
(a) that none of the milk products have been imported from non-member countries under special arrangements providing for a reduced tariff,
or
(b) the quantities of the milk products imported from non-member countries under special arrangements providing for a reduced tariff.
2. For the purposes of paragraph 1, "containing a high percentage" shall mean 51 kilograms or more of milk products used per 100 kilograms of goods exported.
3. Where a request is made for the quantities to be determined in accordance with the third subparagraph of Article 3(2), the competent authority may accept an attestation by the party concerned that the milk products to be used will not have benefited from special arrangements providing for a reduced import tariff.
4. The declaration made in accordance with paragraph 1 or attestation made in pursuance of paragraph 3 may be accepted by the competent authority where it is satisfied that the price paid for the milk product incorporated in the exported goods is at or close to the price prevailing on the Community market for an equivalent product. In comparing the prices, account shall be taken of the date the milk product was purchased.
5. Where milk products which have benefited from special arrangements providing for a reduced tariff have been used, the refund shall be calculated in accordance with Article 17 of Council Regulation (EC) No 1255/1999.
Article 18
The refund referred to in Article 1(1) shall not be granted on goods put into free circulation in accordance with Article 24 of the Treaty and re-exported.
Likewise, no refund shall be granted on such goods when they are exported after processing or when they are incorporated in other goods.
Article 19
The Commission shall adapt the present Regulation in line with amendments of the combined nomenclature and shall adapt Annex B so as to maintain equivalence with the respective Annexes of the Regulations referred to in Article 1(1).
Article 20
Until 31 December 2000, interested parties, subject to the agreement of the competent authorities, may use the form attached to Annex F of Regulation (EC) 1222/94, under the provisions stated in Annex F in place of Annex F of the current regulation.
Article 21
Regulation (EC) No 1222/94 is hereby repealed.
Any references to the repealed Regulation shall apply to this Regulation and should be read according to the correlation table in Annex G.
Article 22
This Regulation shall enter into force on the day after his 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 July 2000
F
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COMMISSION DECISION of 26 July 1993 concerning financial aid from the Community for the operations of the Community Reference Laboratory for the residues Istituto Superiore di Sanità, Roma, Italy
(93/458/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Directive 92/119/EEC (2), and in particular Article 28 thereof,
Whereas, by Article 1 (b) of Council Decision 91/664/EEC of 11 December 1991 (3), designating the Community Reference Laboratories for testing certain substances for residues, the 'Istituto Superiore di Sanità, Roma - Italy' has been nominated as the Reference Laboratory for the residues included in Annex I, Group B II (a) and II (b) of Council Directive 86/469/EEC (4);
Whereas all the functions to be carried out by the Reference Laboratory have been determined in Article 1 of Council Decision 89/187/EEC of 6 March 1989 determining the powers and conditions of operation of the Community Reference Laboratories provided by Directive 86/469/EEC concerning the examination of animals and fresh meat for the presence of residues (5);
Whereas, therefore, provisions should be made for Community financial aid to the Community Reference Laboratory to enable it to carry out the functions provided for in that Decision;
Whereas, in the first instance, Community financial aid should be provided for a period of one year; whereas this will be reviewed with a view to extension prior to expiry of the initial period;
Whereas a contract shall be made between the European Economic Community and each laboratory designated as a Community Reference Laboratory for testing certain substances for residues;
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 Community shall provide financial assistance to the Reference Laboratory 'Istituto Superiore di Sanità, Roma (Italy)', provided for in Article 1 of Council Decision 91/664/EEC up to a maximum of ECU 400 000.
Article 2
1. To meet the objectives of Article 1, the Commission shall conclude a contract, in the name of the Economic Community, with the Reference Laboratory.
2. The Director-General of Directorate-General for Agriculture shall be authorized to sign the contract on behalf of the Commission of the European Communities.
3. The contract referred to in Article 1 shall have a duration of one year.
4. The financial aid provided for in Article 1 shall be paid to the Reference Laboratory in accordance with the terms of the contract provided for in paragraph 1.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 26 July 1993.
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*****
COMMISSION DECISION
OF 19 OCTOBER 1988
OM IMPROVING THE EFFICIENCY OF AGRICULTURAL STRUCTURES IN ITALY ( APULIA ) IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 797/85
( ONLY THE ITALIAN TEXT IS AUTHENTIC )
( 88/549/EEC )
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 797/85 OF 12 MARCH 1985 ON IMPROVING THE EFFICIENCY OF AGRICULTURAL STRUCTURES ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1137/88 ( 2 ), AND IN PARTICULAR ARTICLE 25 ( 3 ) THEREOF,
WHEREAS, IN ACCORDANCE WITH ARTICLE 24 ( 4 ) OF REGULATION ( EEC ) NO 797/85, THE ITALIAN GOVERNMENT HAS FORWARDED APULIA REGION DECISION NO 716 OF 28 JANUARY 1988 ON THE IMPLEMENTATION OF REGULATION NO 797/85;
WHEREAS, IN ACCORDANCE WITH ARTICLE 25 ( 3 ) OF REGULATION ( EEC ) NO 797/85, THE COMMISSION MUST DECIDE WHETHER THE CONDITIONS FOR A FINANCIAL CONTRIBUTION BY THE COMMUNITY TO THE COMMON MEASURE REFERRED TO IN ARTICLE 1 OF THAT REGULATION ARE SATISFIED IN THE LIGHT OF THE COMPATIBILITY OF THE SAID PROVISIONS WITH THE ABOVEMENTIONED REGULATION, AND HAVING REGARD TO THE OBJECTIVES OF THE LATTER AND TO THE NEED FOR A PROPER CONNECTION BETWEEN THE VARIOUS MEASURES;
WHEREAS THE AIDS PROVIDED FOR IN ARTICLE 4 OF REGULATION ( EEC ) NO 797/85 ARE RESERVED FOR FARMERS PRACTISING FARMING AS THEIR MAIN OCCUPATION WITHIN THE MEANING OF ARTICLE 2 ( 5 ) OF THAT REGULATION; WHEREAS, AS A CONSEQUENCE, POINT A ( 1 ) OF THE PROVISIONS FORWARDED MUST BE APPLIED IN SUCH A WAY THAT IN EACH CASE ITALY ACTUALLY VERIFIES WHETHER THAT CONDITION IS BEING OBSERVED;
WHEREAS THE INVESTMENT AIDS GRANTED TO FARMERS NOT SUBMITTING A MATERIAL IMPROVEMENT PLAN ARE SUBJECT TO THE LIMITATIONS AND RESTRICTIONS PROVIDED FOR IN ARTICLE 8 ( 2 ), ( 3 ) AND ( 4 ) OF REGULATION ( EEC ) NO 797/85;
WHEREAS THE REGIONAL AIDS REFERRED TO IN POINT C OF THE PROVISIONS FORWARDED MUST BE REVISED TO COMPLY WITH THE LIMITATIONS LAID DOWN IN ARTICLES 4 AND 8 ( 2 ) OF REGULATION ( EEC ) NO 797/85; WHEREAS, AS A CONSEQUENCE, THE REGION IS TO FORWARD A LIST OF TEXTS FROM REGIONAL LEGISLATION AND A SUMMARY TABLE GROUPING THE RATES OF INVESTMENT AIDS APPLYING, DEPENDING ON WHETHER OR NOT THERE IS A MATERIAL IMPROVEMENT PLAN;
WHEREAS THE COMMUNITY'S FINANCIAL CONTRIBUTIONS TO THE SPECIAL AIDS FOR THE INSTALLATION OF YOUNG FARMERS PROVIDED FOR IN POINT G OF THE APULIA REGION PROVISIONS ARE MADE ONLY IN CASES SATISFYING THE CRITERIA LAID DOWN IN ARTICLE 7 ( 1 ) OF REGULATION ( EEC ) NO 797/85; WHEREAS, AS A CONSEQUENCE, ONLY AID GRANTED TO YOUNG FARMERS POSSESSING ONE OF THE DIPLOMAS REFERRED TO IN THE THIRD PARAGRAPH OF POINT 6 OF THE REGIONAL PROVISIONS OR WHO HAS FOLLOWED A COURSE REFERRED TO IN THE SECOND PARAGRAPH OF POINT 6 OF THE ABOVEMENTIONED PROVISIONS MAY BE REIMBURSED UNDER ARTICLE 7 OF THAT REGULATION;
WHEREAS, SUBJECT TO THE ABOVE REMARKS, THE MEASURES PROVIDED FOR IN THE PROVISIONS FORWARDED MEET THE CONDITIONS AND OBJECTIVES OF REGULATION ( EEC ) NO 797/85;
WHEREAS THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND ( EAGGF ) COMMITTEE HAS BEEN CONSULTED ON THE FINANCIAL ASPECTS;
WHEREAS THE MEASURES PROVIDED FOR IN THIS DECISION ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE ON AGRICULTURAL STRUCTURE,
HAS ADOPTED THIS DECISION :
ARTICLE 1
1 . THE PROVISIONS CONTAINED IN APULIA REGION DECISION NO 716 OF 28 JANUARY 1988, FORWARDED BY THE ITALIAN GOVERNMENT IN ACCORDANCE WITH ARTICLE 24 ( 4 ) OF REGULATION ( EEC ) NO 797/85, SATISFY THE CONDITIONS FOR A COMMUNITY FINANCIAL CONTRIBUTION TOWARDS THE COMMON MEASURE REFERRED TO IN ARTICLE 1 OF THAT REGULATION, SUBJECT TO THE FOLLOWING CONDITIONS :
( A ) ITALY SHALL ENSURE, PURSUANT TO POINT A ( 1 ) OF THE APULIA REGION PROVISIONS, THAT THE INVESTMENT AIDS ARE GRANTED ONLY TO FARMERS PRACTISING FARMING AS THEIR MAIN OCCUPATION WITHIN THE MEANING OF ARTICLE 2 ( 5 ) OF REGULATION ( EEC ) NO 797/85;
( B ) ITALY SHALL ENSURE THAT THE INVESTMENT AIDS GRANTED TO FARMERS NOT SUBMITTING A MATERIAL IMPROVEMENT PLAN TAKE ACCOUNT OF THE LIMITATIONS AND RESTRICTIONS LAID DOWN IN ARTICLE 8 ( 2 ), ( 3 ) AND ( 4 ) OF REGULATION ( EEC ) NO 797/85 .
2 . ITALY SHALL FORWARD TO THE COMMISSION A LIST OF INVESTMENT AIDS UNDER THE LAWS IN FORCE IN THE APULIA REGION WHICH ARE SUBJECT TO THE CONDITIONS LAID DOWN IN POINT G OF APULIA REGION DECISION NO 716 OF 28 JANUARY 1988 .
3 . THE COMMUNITY SHALL MAKE A FINANCIAL CONTRIBUTION TO AIDS FOR YOUNG FARMERS PROVIDED FOR IN POINT G OF THE APULIA REGION PROVISIONS ONLY IN CASES SATISFYING THE CRITERIA LAID DOWN IN ARTICLE 7 OF REGULATION ( EEC ) NO 797/85 .
ARTICLE 2
THIS DECISION IS ADDRESSED TO THE ITALIAN REPUBLIC .
DONE AT BRUSSELS, 19 OCTOBER 1988 .
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Council Regulation (EC) No 591/2001
of 19 March 2001
renewing for 2001 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products, with respect to products originating in Norway
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Regulation (EC) No 1416/95(1) opened tariff quotas for 1995 in favour of Norway in accordance with the conditions set out in Annex II thereto.
(2) Regulation (EC) No 1416/95 was renewed for 1996, 1997, 1998, 1999 and 2000 by Regulations (EC) No 102/96(2), (EC) No 306/97(3), (EC) No 560/98(4), (EC) No 2847/98(5) and (EC) No 215/2000(6) respectively.
(3) It was not possible to conclude additional Protocols before 1 January 2001. In these circumstances and pursuant to Articles 76, 102 and 128 of the 1994 Act of Accession, the Community should adopt the measures required to remedy the situation. Therefore, it is necessary to renew the measures provided for in Regulation (EC) No 1416/95 for 2001.
(4) The measures necessary for the implementation of this Regulation should be adopted in accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).
(5) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(8) consolidated the arrangements for managing the tariff quotas to be used in chronological order of the dates of acceptance of the declarations for release for free circulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. The measures provided for in Article 1(2) of Regulation (EC) No 1416/95 shall be renewed to cover 2001.
Annex II to Regulation (EC) No 1416/95 shall be replaced by the Annex to this Regulation.
2. If Norway discontinues the application of the reciprocal measures in favour of the Community, the Commission may, in accordance with the procedure laid down in Article 2(2) of this Regulation, suspend application of the measures provided for in paragraph 1.
Article 2
1. The Commission shall be assisted by the Committee referred to in Article 15 of Council Regulation (EC) No 3448/93(9) (hereinafter referred to as "the Committee").
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 3
The Community tariff quotas referred to in Annex II to Regulation (EC) No 1416/95 shall be administered in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.
Article 4
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2001.
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COMMISSION REGULATION (EC) No 1168/94 of 24 May 1994 fixing Community producer prices for carnations and roses for the application of the import arrangements for certain floricultural products originating in Cyprus, Israel, Jordan and Morocco
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan and Morocco (1), as amended by Regulation (EEC) No 3551/88 (2), and in particular Article 5 (2) thereof,
Whereas, pursuant to Article 3 of the abovementioned Regulation (EEC) No 4088/87, Community producer prices applicable for fortnightly periods are fixed twice a year before 15 May and 15 October for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-lowered roses and small-flowered roses; whereas, pursuant to Article 1 of Commission Regulation (EEC) No 700/88 of 17 March 1988 laying down certain detailed rules for the application of the arrangements for the import into the Community of certain flowers originating in Cyprus, Israel and Jordan (3), as last amended by Regulation (EEC) No 2917/93 (4), prices for roses are determined on the basis of the average daily prices recorded on the representative producer markets for the pilot varieties of quality grade 1 in the three preceding years; whereas for carnations those prices are fixed under the same conditions of the bloom and spray types; whereas, for the determination of the average, prices which differ by 40 % and more from the average price recorded on the same market during the same period during the three preceding years are excluded;
Whereas the Community producer prices for the fortnightly periods to 6 November 1994 should be determined on the basis of data provided by the Member States;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Live Plants,
HAS ADOPTED THIS REGULATION:
Article 1
The Community producer prices for large-flowered roses, small-flowered roses, uniflorous (bloom) carnations and multiflorous (spray) carnations provided for in Article 3 of Regulation (EEC) No 4088/87 for the fortnightly periods 6 June 1994 to 6 November 1994 shall be 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, 24 May 1994.
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COMMISSION REGULATION (EC) No 1122/2008
of 12 November 2008
establishing a prohibition of fishing for saithe in IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId by vessels flying the flag of Poland
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2008.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2008.
(3)
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2008 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 November 2008.
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Commission Regulation (EC) No 1750/2003
of 2 October 2003
altering the export refunds on white sugar and raw sugar exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular the third subparagraph of Article 27(5) thereof,
Whereas:
(1) The refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1684/2003(3), as amended by Regulation (EC) No 1730/2003(4).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 1684/2003 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 1684/2003 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 3 October 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 October 2003.
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COUNCIL DECISION of 28 September 1987 concerning the conclusion of the International Coffee Agreement 1983 (87/485/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 the aims pursued by the International Coffee Agreement 1983 fall within, in part, the framework of common trade policy and, in part, within that of technical cooperation or development cooperation; whereas application of the Agreement thus presupposes both Community action and joint action by the Member States;
Whereas the Agreement was signed by the Community and the Member States on 29 June 1983;
Whereas, by Decision 83/539/EEC(1), the Community, as an importing member, notified the Secretary-General of the United Nations Organization that it intended to apply the Agreement on a provisional basis, pending completion of the internal procedures necessary for its conclusion;
Whereas the Agreement has been ratified by all the Member States,
HAS DECIDED AS FOLLOWS:
Article 1
The International Coffee Agreement 1983 is hereby approved on behalf of the European Economic Community.
The text of the Agreement is attached to Decision 83/539/EEC.
Article 2
The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of approval on behalf of the Community.
Article 3
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels, 28 September 1987.
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*****
COMMISSION REGULATION (EEC) No 2388/87
of 6 August 1987
re-establishing the levying of customs duties on mounted piezo-electric crystals falling within subheading 85.21 C, originating in Malaysia, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3924/86 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3924/86 of 16 December 1986 applying generalized tariff preferences for 1987 in respect of certain industrial products originating in developing countries (1), and in particular Article 15 thereof,
Whereas, pursuant to Articles 1 and 12 of Regulation (EEC) No 3924/86, suspension of customs duties shall be accorded to each of the countries or territories listed in Annex III other than those listed in column 4 of Annex I, within the framework of the preferential tariff ceiling fixed in column 9 of Annex I;
Whereas, as provided for in Article 13 of Regulation (EEC) No 3924/86, as soon as individual ceilings in question are reached at Community level the levying of customs duties on imports of the products in question originating in each of the countries and territories concerned may at any time be re-established;
Whereas, in the case of mounted piezo-electric crystals, falling within subheading 85.21 C, the individual ceiling was fixed at 2 300 000 ECU; whereas, on 2 August 1987, imports of these products into the Community, originating in Malaysia reached the ceiling in question after being charged thereagainst;
Whereas it is appropriate to re-establish the levying of customs duties in respect of the products in question against
HAS ADOPTED THIS REGULATION:
Article 1
As from 10 August 1987, the levying of customs duties, suspended pursuant to Regulation (EEC) No 3924/86, shall be re-established on imports into the Community of the following products originating in China:
1.2.3 // // // // Order No // CCT heading No and NIMEXE-code // Description // // // // 10.1100 // 85.21 (85.21-45) // C. Mounted piezo-electric crystals // // //
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, 6 August 1987.
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COUNCIL DECISION
of 17 December 1999
on the conclusion of an Agreement between the European Community and the Kingdom of Cambodia on trade in textile products
(2000/65/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Commission has negotiated on behalf of the European Community an Agreement between the European Community and the Kingdom of Cambodia on trade in textile products, initialled on 3 February 1999;
(2) Pursuant to Decision 1999/553/EC(1), pending the completion of procedures required for its conclusion, the Agreement has been applied on a provisional basis from 1 August 1999;
(3) The Agreement should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement between the European Community and the Kingdom of Cambodia on trade in textile products 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 authorised to designate the person empowered to sign the Agreement in order to bind the Community.
Done at Brussels, 17 December 1999.
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COUNCIL REGULATION (EC) No 248/1999 of 22 December 1998 concerning the export of certain ECSC and EC steel products from the Czech Republic to the Community for the period 1 January to 31 December 1999 (extension of the double-checking system)
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 a Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, entered into force on 1 February 1995 (1);
Whereas the Parties decided in Association Council Decision No 7/98 (2) to extend the double-checking system introduced by Decision No 3/97 (3) for the period between 1 January and 31 December 1999;
Whereas it is consequently necessary to extend the Community implementing legislation introduced by Council Regulation (EC) No 87/98 of 19 December 1997 concerning the export of certain ECSC and EC steel products from the Czech Republic to the Community for the period 1 January to 31 December 1998 (renewal of the double-checking system) (4),
HAS ADOPTED THIS REGULATION:
Article 1
1. Council Regulation (EC) No 87/98 shall continue to apply for the period between 1 January and 31 December 1999, in accordance with the provisions of Association Council Decision No 7/98 between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, subject to the amendment to that Regulation referred to in Article 1(2). In the title, preamble and Article 1(1) and (4) of the Regulation, references to the period 1 January to 31 December 1998 shall be replaced by references to 1 January to 31 December 1999.
2. Annex I shall be replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1998.
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COMMISSION REGULATION (EC) No 1288/2004
of 14 July 2004
concerning the permanent authorisation of certain additives and the provisional authorisation of a new use of an additive already authorised in feedingstuffs
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), as last amended by Regulation (EC) No 1756/2002 (2) and in particular Article 3, and Articles 9d(1) and 9e(1) thereof,
Whereas:
(1)
Directive 70/524/EEC provides for the authorisation of additives to be used in the Community. The additives referred to in Part II of Annex C to that Directive may be authorised without a time limit subject to certain conditions being satisfied.
(2)
The use of astaxanthin-rich Phaffia rhodozyma (ATCC 74219) as a colourant for salmon and trout has been provisionally authorised by Commission Regulation (EC) No 2316/98 (3).
(3)
New data were submitted in support of an application for an authorisation without a time limit for that colourant. The assessment shows that the conditions laid down in Directive 70/524/EEC for such an authorisation have been satisfied.
(4)
The Scientific Panel on Additives and Products or Substances Used in Animal Feed of the European Food Safety Authority (EFSA) delivered a favourable opinion on 22 January 2003 on the efficacy of that additive when used in the animal category salmon and trout. In a second opinion adopted on 1 April 2004, the EFSA concluded that the yeast in that product is not a living organism and it is not expected to have any consequence on the environment, under the conditions of use set out in Annex I to this Regulation.
(5)
The use of the micro-organism preparation of Saccharomyces cerevisiae (NCYC Sc 47) has been provisionally authorised, for the first time, for sows by Commission Regulation (EC) No 1436/98 (4).
(6)
The use of the micro-organism preparation of Saccharomyces cerevisiae (CBS 493.94) has been provisionally authorised, for the first time, for calves by Commission Regulation (EC) No 1436/98 and for cattle for fattening by Commission Regulation (EC) No 866/1999 (5).
(7)
The use of the micro-organism preparation of Enterococcus faecium (NCIMB 10415) has been provisionally authorised, for the first time, for calves by Commission Regulation (EC) No 866/1999.
(8)
The use of the micro-organism preparation of Enterococcus faecium (DSM 7134) and Lactobacillus rhamnosus (DSM 7133) has been provisionally authorised, for the first time, for calves by Commission Regulation (EC) No 2690/1999 (6).
(9)
New data were submitted in support of applications for authorisation without a time limit for those micro-organisms. The assessment of those applications shows that the conditions laid down in Directive 70/524/EEC for such authorisations have been satisfied.
(10)
Accordingly, the use of those additives without a time limit should be authorised.
(11)
In addition, Directive 70/524/EEC provides for the authorisation on a provisional basis of a new use of an additive already authorised to be granted for a period not exceeding four years, subject to certain conditions.
(12)
The use of the micro-organism preparation of Enterococcus faecium (DSM 10663/NCIMB 10415) has been provisionally authorised, for the first time, for piglets by Commission Regulation (EC) No 1411/1999 (7), for calves and chickens for fattening by Commission Regulation (EC) No 1636/1999 (8) and for turkeys for fattening by Commission Regulation (EC) No 1801/2003 (9).
(13)
New data were submitted in support of an application to extend the authorisation of the use of that additive to dogs. The assessment shows that the conditions laid down in Directive 70/524/EEC for such an authorisation have been satisfied.
(14)
The EFSA delivered a favourable opinion on 15 April 2004 on the safety of that additive when used in the animal category dogs, under the conditions of use set out in Annex II to this Regulation.
(15)
Accordingly, the use of the Enterococcus faecium, as specified in Annex II, should be authorised for a period not exceeding four years.
(16)
The assessment of the applications shows that certain procedures should be required to protect workers from exposure to the additives set out in Annexes I and II to this Regulation. Such protection should be assured by the application of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (10).
(17)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION
Article 1
The preparations belonging to the group ‘Colourants, including pigments’ and ‘Micro-organisms’, as set out in Annex I, are authorised for use without a time limit as additives in animal nutrition under the conditions laid down in that Annex.
Article 2
The preparation belonging to the group ‘micro-organisms’, as set out in Annex II, is provisionally authorised for use as an additive in animal nutrition under the conditions laid down in that Annex.
Article 3
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, 14 July 2004.
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Commission Regulation (EC) No 505/2003
of 20 March 2003
determining the extent to which applications lodged in March 2003 for import licences for certain pigmeat products under the regime provided for by the Agreements concluded by the Community with the Republic of Poland, the Republic of Hungary, the Czech Republic, Slovakia, Bulgaria and Romania can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1898/97 of 29 September 1997 laying down detailed rules for the application in the pigmeat sector of the arrangements provided for by Council Regulations (EC) No 1727/2000, (EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000, (EC) No 2435/2000 and (EC) No 2851/2000 and repealing Regulations (EEC) No 2698/93 and (EC) No 1590/94(1), as last amended by Regulation (EC) No 1877/2002(2), and in particular Article 4(5) thereof,
Whereas:
(1) The applications for import licences lodged for the second quarter of 2003 are, in the case of some products, for quantities less than or equal to the quantities available and can therefore be met in full, but in the case of other products the said applications are for quantities greater than the quantities available and must therefore be reduced by a fixed percentage to ensure a fair distribution.
(2) It is appropriate to draw the attention of operators to the fact that licences may only be used for products which comply with all veterinary rules currently in force in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 April to 30 June 2003 submitted pursuant to Regulation (EC) No 1898/97 shall be met as referred to in the Annex.
2. Licences may only be used for products which comply with all veterinary rules currently in force in the Community.
Article 2
This Regulation shall enter into force on 1 April 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 2003.
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REGULATION (EURATOM, ECSC, EEC) No 711/75 OF THE COUNCIL of 18 March 1975 amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of officials and the conditions of employment of other servants of the European Communities
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 24 thereof;
Having regard to the proposal from the Commission, made after consulting the Staff Regulations Committee;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Court of Justice;
Whereas, in the light of experience gained and in view of the changing nature of certain duties performed by officials of the European Communities, priority should be given to amending certain provisions of the Staff Regulations of the European Communities as laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (2) as last amended by Regulation (EEC, Euratom, ECSC) No 3191/74 (3),
HAS ADOPTED THIS REGULATION:
Article 1
The Staff Regulations of officials of the European Communities are hereby amended as follows: 1. Annex VII, Article 3
The third paragraph is replaced by the following:
"The maximum prescribed in the first paragraph shall be doubled for: - an official whose place of employment is at least 50 km from a European school or an educational establishment working in his language, provided that the child actually attends an educational establishment at least 50 km from the place of employment ; and
- an official whose place of employment is at least 50 km from an establishment of higher education in the country of which he is a national or working in his language, provided that the child actually attends an establishment of higher education at least 50 km from the place of employment and the official is entitled to the expatriation allowance ; the latter condition shall not apply if there is no such establishment in the country of which the official is a national."
2. Annex VII, Article 12
In the second subparagraph of paragraph 3, "Bfrs 150" is replaced by "Bfrs 225".
3. Annex VII, Article 13 (a) Paragraph 1 (a) is replaced by the following:
"(a) The daily subsistence allowance for officials on mission shall be paid on the following scale: PIC FILE= "T (1)OJ No C 140, 13.11.1974, p. 20. (2)OJ No L 56, 4.3.1968, p. 1. (3)OJ No L 341, 20.12.1974, p. 1.
(b) In paragraph 2, "Bfrs 840" and "Bfrs 360" are replaced by "Bfrs 930" and "Bfrs 400" respectively.
(c) In paragraph 3, "Bfrs 300" and "Bfrs 270" are replaced by "Bfrs 330" and "Bfrs 300" respectively.
(d) Paragraph 8 is replaced by the following:
"8. Where an official on mission has a meal or accomodation provided or reimbursed by one of the institutions of the Communities or by a national or international administration or organization, he shall declare it.
His daily subsistence allowance shall be reduced by Bfrs 200 for each meal provided, the allowances provided for in columns II and III shall be reduced by Bfrs 450 and Bfrs 400 for each day's accomodation provided. Where an official on mission has all his meals and accomodation provided or reimbursed by one of the institutions of the Communities or by a national or international administration or organization, he shall receive an allowance of Bfrs 225 for each period of 24 hours in place of the daily subsistence allowance for missions provided for above."
(e) The following paragraph is added:
"10. The rates given in paragraphs 1, 2, 3, 8 and 9 may be altered by the Council, acting on a proposal from the Commission, by a qualified majority as provided for in the first indent of Article 148 (2) of the Treaty establishing the European Economic Community and the first indent of Article 118 (2) of the Treaty establishing the European Atomic Energy Community."
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 March 1975.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 1975.
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DIRECTIVE 1999/34/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 10 May 1999
amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
(1) Whereas product safety and compensation for damage caused by defective products are social imperatives which must be met within the internal market; whereas the Community has responded to those requirements by means of Directive 85/374/EEC(4) and Council Directive 92/59/EEC of 29 June 1992 on general product safety(5);
(2) Whereas Directive 85/374/EEC established a fair apportionment of the risks inherent in a modern society in which there is a high degree of technicality; whereas that Directive therefore struck a reasonable balance between the interests involved, in particular the protection of consumer health, encouraging innovation and scientific and technological development, guaranteeing undistorted competition and facilitating trade under a harmonised system of civil liability; whereas that Directive has thus helped to raise awareness among traders of the issue of product safety and the importance accorded to it;
(3) Whereas the degree of harmonisation of Member States' laws achieved by Directive 85/374/EEC is not complete in view of the derogations provided for, in particular with regard to its scope, from which unprocessed agricultural products are excluded;
(4) Whereas the Commission monitors the implementation and effects of Directive 85/374/EEC and in particular its aspects relating to consumer protection and the functioning of the internal market, which have already been the subject of a first report; whereas, in this context, the Commission is required by Article 21 of that Directive to submit a second report on its application;
(5) Whereas including primary agricultural products within the scope of Directive 85/374/EEC would help restore consumer confidence in the safety of agricultural products; whereas such a measure would meet the requirements of a high level of consumer protection;
(6) Whereas circumstances call for Directive 85/374/EEC to be amended in order to facilitate, for the benefit of consumers, legitimate compensation for damage to health caused by defective agricultural products;
(7) Whereas this Directive has an impact on the functioning of the internal market in so far as trade in agricultural products will no longer be affected by differences between rules on producer liability;
(8) Whereas the principle of liability without fault laid down in Directive 85/374/EEC must be extended to all types of product, including agricultural products as defined by the second sentence of Article 32 of the Treaty and those listed in Annex II to the said Treaty;
(9) Whereas, in accordance with the principle of proportionality, it is necessary and appropriate in order to achieve the fundamental objectives of increased protection for all consumers and the proper functioning of the internal market to include agricultural products within the scope of Directive 85/374/EEC; whereas this Directive is limited to what is necessary to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 85/374/EEC is hereby amended as follows:
1. Article 2 shall be replaced by the following: "Article 2
For the purpose of this Directive, 'product' means all movables even if incorporated into another movable or into an immovable. 'Product' includes electricity."
2. In Article 15, paragraph 1(a) shall be deleted.
Article 2
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply these measures as from 4 December 2000.
When the Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall comunicate to the Commission the text of the provisions of national law which they subsequently adopt in the field governed by this Directive.
Article 3
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 10 May 1999.
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Commission Regulation (EC) No 2859/2000
of 27 December 2000
opening crisis distillation as provided for in Article 30 of Regulation (EC) No 1493/1999 for certain wines in Italy
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), and in particular Articles 30 and 33 thereof,
Whereas:
(1) Article 30 of Regulation (EC) No 1493/1999 provides for the possibility of opening crisis distillation in the event of exceptional market disturbance caused by major surpluses. Such measures may be limited to certain categories of wine and/or certain areas of production and may apply to quality wines psr at the request of the Member State.
(2) By letter of 15 November 2000 the Italian Government requested that crisis distillation be triggered for wines produced by the fermentation of products suitable for producing Moscato d'Asti and Asti in Italy.
(3) Around 600000 hectolitres (80 million bottles) of wine produced by the fermentation of products suitable for producing Moscato d'Asti and Asti were produced in 1999, compared with around 700000 hectolitres produced in 1997. Stocks amounted to around 415000 hectolitres at the beginning of the 2000/01 marketing year, against less than 105500 hectolitres in 1995. Sales have fallen from around 650000 hectolitres in the first half of the 1990s to around 580000 hectolitres in the second part of that decade. Between the first quarter of 1999 and the first quarter of 2000, exports fell by 5 million bottles, from 19,2 million to 14,35 million.
(4) In view of the substantial surpluses of unsold must in refrigerated silos, these capacities are not available for the new harvest. There are no outlets for this surplus production.
(5) Regional producers have taken structural measures to redirect production towards high-quality products. These are backed by promotional measures funded by parafiscal charges, a reduction in per-hectare yields and the waiver of new planting rights and replanting rights.
(6) Since the conditions laid down in Article 30(5) of Regulation (EC) No 1493/1999 are satisfied, crisis distillation covering a maximum of 120000 million hectolitres should be triggered in this Italian wine-growing region for a limited period with a view to maximum effectiveness. No ceiling should be set on the quantity that individual producers can have distilled because stocks may vary substantially from one producer to another and depend on sales to a greater extent than on the individual producer's annual output.
(7) The mechanism to be introduced is provided for in Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms(2), as amended by Regulation (EC) No 2409/2000(3). As well as the Articles of this Regulation which refer to the distillation measures provided for in Article 30 of Regulation (EC) No 1493/1999, other provisions of Regulation (EC) No 1623/2000 shall apply, in particular those concerning the delivery of alcohol to intervention agencies and the payment of an advance.
(8) The buying-in price to be paid by the distiller to the producer should provide a solution to the problems while allowing producers to take advantage of the possibility afforded by this measure. That price should not, however, be such that it adversely affects the application of distillation as provided for in Article 29 of Regulation (EC) No 1493/1999.
(9) The product of crisis distillation must be raw alcohol or neutral alcohol for compulsory delivery to the intervention agency in order to avoid disturbing the market for potable alcohol, which is supplied largely by distillation under Article 29 of Regulation (EC) No 1493/1999.
(10) 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
Crisis distillation as provided for in Article 30 of Regulation (EC) No 1493/1999 is hereby opened for a maximum of 120000 hectolitres of wines produced by the fermentation of products suitable for producing Moscato d'Asti and Asti in Italy.
Article 2
As well as the provisions of Regulation (EC) No 1623/2000 which refer to Article 30 of Regulation (EC) No 1493/1999, the following provisions of Regulation (EC) No 1623/2000 shall also apply to the measure provided for herein:
- Article 62(5) with respect to the payment by the intervention agency of the price referred to in Article 6(2) of this Regulation,
- Articles 66 and 67 with respect to the advance referred to in Article 6(2) of this Regulation.
Article 3
Producers may conclude contracts as provided for in Article 65 of Regulation (EC) No 1623/2000 from 16 January 2001 to 28 February 2001. Such contracts shall entail the lodging of a security equal to EUR 5 per hectolitre. Such contracts may not be transferred.
Article 4
1. The Member State shall determine the rate of reduction to be applied to the abovementioned contracts where the overall quantity covered by contracts presented exceeds that laid down in Article 1.
2. The Member State shall adopt the administrative provisions needed to approve the abovementioned contracts by 15 March 2001, shall specify the rate of reduction applied and the quantity of wine accepted per contract and shall stipulate that the producer can cancel the contract where the quantity to be distilled is reduced. The Member State shall notify the Commission before 20 March 2001 of the quantities of such wine covered by contracts approved.
3. The wine shall be delivered to the distilleries by 30 June 2001 at the latest. The alcohol obtained may be delivered to the intervention agency by 30 November 2001 at the latest.
4. Securities shall be released in proportion to the quantities delivered where the producer provides proof of delivery to the distillery.
5. The security shall be forfeit where no delivery is made within the time limit laid down.
6. The Member State may limit the number of contracts that individual producers can conclude under the distillation operation in question.
Article 5
The minimum buying-in price for wine delivered for distillation under this Regulation shall be EUR 1,914 per % vol. per hectolitre.
Article 6
1. Distillers shall deliver the product obtained from distillation to the intervention agency. That product shall be of an alcoholic strength of at least 92 % vol.
2. The price to be paid to the distiller by the intervention agency for raw alcohol delivered shall be EUR 2,2812 per % vol. per hectolitre. The distiller may receive an advance on that amount in the form of aid amounting to EUR 1,1222 per % vol. per hectolitre. The aid shall in that case be deducted from the price actually paid.
Article 7
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 16 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 December 2000.
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COUNCIL REGULATION (EC) No 821/94 of 12 April 1994 imposing a definitive anti-dumping duty on imports of silicon carbide, originating in the People's Republic of China, Poland, the Russian Federation and Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 12, 14 and 15 thereof,
Having regard to the proposal submitted by the Commission after consultation within the Advisory Committee,
Whereas:
A. PROCEDURE (1) In October 1986, the Commission, by Decision 86/497/EEC (2), accepted price undertakings offered by the exporters in Norway, the People's Republic of China (hereinafter referred to as 'China'), Poland and the former USSR, in connection with the anti-dumping proceeding concerning imports of silicon carbide. The measures concerning Norway were suspended by Council Regulation (EC) No 5/94 (3) with effect from 1 January 1994.
(2) Following the publication in April 1991 (4) of a notice of the impending expiry of the measures in force, the Commission received a request for a review lodged by the European Chemical Industry Council (CEFIC), on behalf of producers allegedly representing a major part of total Community production of silicon carbide.
Subsequently, in a notice published in the Official Journal of the European Communities (5), the Commission announced a review of the anti-dumping measures in force.
(3) The Commission notified the exporters and importers known to be concerned, the representatives of the exporting countries and the complainant Community producers, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.
(4) All complainant Community producers replied to the questionnaire and made their views known in writing. CEFIC requested and was granted a hearing by the Commission.
(5) The Polish exporter, Intervis Co. ltd, Warsaw, replied to the questionnaire and made its views known in writing. The Norwegian exporters listed in recital 7 replied to the questionnaire only in relation to their export transactions covered by the measures in force. Three Chinese corporations, the China Minerals Import and Export Corporation, the China Abrasives Export Corporation and the China Metallurgical Import and Export Corporation, Jiangu Branch, representing a minor portion of total imports of silicon carbide originating in China, replied to the questionnaire. Three export organizations of the former USSR were sent questionnaires, but did not reply.
The original investigation covered the whole of the former USSR. Since information at the disposal of the Commission indicates that the silicon carbide concerned originates only in the Russian Federation (hereinafter referred to as 'Russia') and Ukraine, this review investigation is limited to imports of silicon carbide originating in these two countries of the former USSR.
(6) Four importers replied to the questionnaire.
(7) The Commission sought and verified all information it deemed necessary for the purposes of a determination and carried out investigations at the premises of the following companies:
- complainant Community producers:
- Pechiney Electrometallurgie (France),
- Elektroschmelzwerk Kempten GmbH (Germany),
- Samatec, Società Abrasivi e Materiali Ceramic SA (Italy),
- Navarro SA (Spain);
- producers/exporters:
- Arendal Smelteverk A. S. (Norway),
- Norton A. S. (Norway),
- Orkla-Exolon A. S. (Norway);
- importers:
- Frank and Schulte GmbH (Germany),
- Ferrocarbon GmbH (Germany);
- reference country:
- Exolon ESK Company, Tonawanda, USA,
- Norton Company, Worchester, USA.
(8) The investigation of dumping covered the period from 1 July 1990 to 30 June 1991 (investigation period).
(9) Owing to the complexity of the investigation and the volume of data gathered, the investigation could not be concluded within the normal time limit of one year as provided for at that time in Article 7 (9) (a) of Regulation (EEC) No 2423/88 (hereinafter referred to as 'the basic Regulation').
B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT (10) The product covered by the complaint and for which the review investigation was initiated is silicon carbide falling within CN code 2849 20 00. It is identical to the product which was the subject of the previous investigation and for which price undertakings were accepted.
(11) The production process of silicon carbide is such that output automatically comprises a variety of qualities of silicon carbide. These qualities can be segregated into two main grades, crystalline and metallurgical. The crystalline grade is normally used, depending on the quality, in the manufacture of abrasive tools, grinding wheels, high quality refractory products, ceramics, plastic materials etc., while the metallurgical grade is normally used in foundry and blast furnace operations as a silicon carrier.
The various qualities of silicon carbide do not entail any significant differences in basic physical characteristics, although in use, differences occur.
Given that both main grades result from the same production process - one cannot be produced without the other - and that the metallurgical grade can technically be replaced by the crystalline grade, both grades of silicon carbide and their different qualities should be considered as forming one product for the purpose of this proceeding.
(12) The investigation showed that the product produced and sold by the Community producers on the Community market is identical in its particular characteristics to the silicon carbide imported from the five countries in question. It should therefore be considered as a like product within the meaning of Article 2 (12) of the basic Regulation.
C. COMMUNITY INDUSTRY (13) The complainant producers continue to manufacture more than 90 % of Community output of silicon carbide. It was therefore considered that these producers constitute a major proportion of total Community production of this product.
Account was taken of the fact that some Community producers imported small quantities of silicon carbide from the countries under investigation. Since these imports were test purchases in order to analyse the products produced by competitors and represented, in any event, negligible quantities, there appears no reason to exclude these Community producers from the 'Community industry', in accordance with Article 4 (5) of the basic Regulation. Indeed, these importing Community producers were neither participating in, nor benefiting from, nor shielded from dumping by the countries concerned.
D. THE PRESENT SITUATION IN THE COMMUNITY MARKET (14) In order to establish whether the expiry of the measures in force would lead again to dumping and injury or threat of injury, it was first necessary to examine the present economic situation of the Community industry.
(a) Production, capacity utilization and stocks
(15) The production of silicon carbide by the Community industry showed a brief upturn between 1988 and 1989, from 101 500 tonnes to 107 500 tonnes, but then gradually declined to 101 700 tonnes in 1990 and to 95 000 tonnes during the investigation period. This represented a decrease of 6,4 % when compared to 1988, 11,6 % when compared to 1989 and 6,5 % when compared to 1990.
Since the production capacity of the Community industry remained stable at 129 000 tonnes, its utilization rate which stood at 79 % in 1988 increased to 83 % in 1989 to decline to 74 % in the investigation period.
During this period the stocks of the Community industry rose gradually from 17 000 tonnes to 20 500 tonnes, i.e. by 20,6 %.
(b) Sales
(16) Between 1988 and the end of the investigation period, the quantity of silicon carbide sold on the Community by the Community industry gradually decreased by 15 % from 93 419 tonnes to 79 385 tonnes.
(c) Profitability
(17) It was found that the Community industry on the whole suffered a considerable deterioration in profitability after 1988. In 1990, although some Community producers were still profitable, the industry on average incurred losses, while during the investigation period all Community producers incurred losses.
(d) Employment
(18) The workforce of the complainant producers has generally declined and one plant in Italy was closed during the investigation period.
(e) Community consumption
(19) Between 1988 and the investigation period the total estimated consumption in the Community of the product concerned increased from 152 977 tonnes to 185 400 tonnes, i.e. an increase of 21 % since 1988.
(f) Market share of the Community industry
(20) The Community market share of the Community industry recovered as a result of the anti-dumping measures adopted in 1986 from 52,5 % in 1984 to 61,1 % in 1988. However, after 1988 this market share declined to 42,8 % at the end of the investigation period.
(g) Conclusion
(21) It was accordingly concluded that, in spite of the price undertakings in force, the Community industry continues to show clear signs of economic difficulties. This situation has consistently deteriorated since 1988, demonstrated on the one hand by a decline of production, capacity utilization and sales, and, on the other, by increasing stocks, loss of employment, financial losses and a declining market share, notwithstanding the increase in Community consumption.
E. THE BEHAVIOUR OF THE EXPORTERS CONCERNED (22) It was also necessary to examine the behaviour of the exporters concerned.
(a) Volume and market share of imports from the exporting countries concerned
(23) The volume of Norwegian imports increased from 42 035 tonnes to 49 185 tonnes between 1988 and 1989, but decreased thereafter to 45 288 tonnes in the investigation period. The market share of the Norwegian imports increased slightly between 1988 and 1989 from 27,5 % to 28,8 %, but eroded over 1990 to 25,7 % and in the investigation period to 24,4 %.
Imports from China increased between 1988 and the investigation period from 1 758 tonnes to 28 295 tonnes; imports from Poland rose over the same period from 1 276 tonnes to 3 497 tonnes and from Russia and Ukraine from 5 078 tonnes to 12 921 tonnes. This corresponds to an increase in market share over the same period from 1,1 % to 15,3 % for China, 0,8 % to 1,9 % for Poland and from 3,3 % to 7 % for Russia and Ukraine. The total volume of imports from China, Poland, Russia and Ukraine has accordingly increased by more than four and a half times in the period. The market share of the four countries taken together increased from 5,2 % to 24,2 % between 1988 and the investigation period.
The volume of imports from China, Norway, Poland, Russia and Ukraine has, taken together, increased from 50 147 tonnes in 1988 to 90 001 tonnes in the investigation period corresponding to an increase in market share from 32,7 % to 48,6 %.
(b) Prices
(24) It was investigated whether the exporting producers were undercutting the prices of the Community producers during the investigation period. A price comparison was made on the basis of sales by both the Community industry and the exporters to unrelated customers at the same level of trade on the most important markets of the Community. In order to ensure a fair comparison, prices of similar qualities were compared.
This comparison showed significant price undercutting on the part of the exporters in all countries involved with the exception of Norway. Norwegian prices were found to oscillate around the prices charged by the Community industry.
For the Polish exporter, the Community producers' prices were found to be undercut by margins of up to 29 %. Exports from Russia and Ukraine were undercutting Community producers' prices by margins from 23 % to 49 %, and exports from China by margins from 50 % to 71 %.
(c) Price undertakings
(25) This price examination also revealed that the exports from China, Russia and Ukraine were consistently sold in violation of the undertakings agreed in the previous proceeding with the Commission. Although the Polish exporter was found to be undercutting, it did not violate its price undertaking. The Norwegian exporters also respected their price undertakings.
(d) Conclusion
(26) The increased market penetration of imports from China, Poland, Russia and Ukraine, taken together in combination with the price undercutting established for these countries and the violation of the price undertakings by all but Norway and Poland, led to the conclusion that it was necessary to examine whether dumping is occurring which contributed to the deteriorated situation of the Community industry and whether the expiry of protective measures would lead to a recurrence of dumping and injury.
F. RECURRENCE OF DUMPING I. Reference country
(27) The countries covered by this proceeding, with the exception of Norway, were, during the period of investigation, non-market economy countries (hereinafter referred to as 'NMEs'). Normal value for these NMEs had therefore to be based on data obtained in a market economy country (in accordance with Article 2 (5) of the basic Regulation). Interested parties suggested several countries including Norway as an analogue market for that purpose. Since the Norwegian exporters did not supply information relating to domestic prices, cost of production or export prices for all grades of the product concerned, Norway could not be used.
It was determined that the market of the United States of America (USA) (hereinafter referred to as 'the US market') would in this respect be an appropriate and not unreasonable choice due to the easy access to raw materials, the availability of competitively priced energy, its open and competitive nature and the fact that, in terms of volume and range of qualities of silicon carbide, it is considered to be representative in comparison with the exports from each individual NME.
Furthermore, the product manufactured in the USA has the same basic physical and chemical characteristics as the product manufactured by all NMEs concerned and can therefore be considered a like product.
II. Normal value
(a) NMEs
(28) Normal value was determined on the basis of prices in the ordinary course of trade at which the silicon carbide was actually sold for consumption on the US market. All sales transactions were to unrelated purchasers and involved quantities considered to be representative.
Account was taken of the fact that the companies investigated in the reference market were directly or indirectly related to certain silicon carbide producers in the Community or in Norway. It was examined whether their relationship had an influence on the determination of normal value. Since normal value was determined on the basis of sales prices to independent customers on the US market and these prices were subject to normal competitive forces, it was concluded that the relationship had no influence on the normal value thus determined.
(b) Norway
(29) No normal value based on prices or costs in Norway could be established as the Norwegian producers did not fully cooperate. In view of the similarity of the production processes, costs of raw materials, in particular energy costs, and other economic circumstances, between Norway and the USA for this product, and the fact that in both countries producers are operating on a competitive market, it was considered that the prices for this product in the USA constituted the best facts available as a basis for prices in Norway.
Normal value for all qualities was therefore established, pursuant to Article 2 (3) (a) of the basic Regulation, on the basis of the weighted average of the US sales prices. The information concerning the production costs of silicon carbide in the USA - increased by a reasonable margin for profit (as explained in recital 49) - confirmed the reasonableness of the use of the US sales price on the US market.
For the qualities covered by the undertakings accepted from the Norwegian exporters concerned, separate normal values were established on the basis of the weighted average of the sales prices on the US market of the corresponding qualities.
III. Export prices
(a) Poland
(30) Exports by the Polish exporting producer were made directly to independent importers in the Community. The export prices were therefore determined on the basis of prices actually paid or payable for the products sold.
(b) China
(31) The export volume of the cooperating Chinese export corporations represented 22 % of total Chinese silicon carbide imports into the Community during the investigation period. It was considered whether individual company findings should be made for the three Chinese export corporations referred to in recital 5. Since they are all State-owned corporations, individual determinations were not made in accordance with the established practice of the institutions, especially since the State can at any time interfere in their economic operations. In addition, the percentage of 22 % was deemed to be too small to be representative of total Chinese silicon carbide exports. Export prices of the Chinese export sales were therefore based on the facts available in accordance with Article 7 (7) (b) of the basic Regulation. Consequently, the data supplied by Eurostat was used, from which all costs incurred between the Chinese port of loading and CIF Community frontier were deducted.
(c) Norway
(32) Since the Norwegian producers supplied information for only part of their exports, an average export price for silicon carbide from Norway, irrespective of quality, was established on the basis of Eurostat figures.
(d) Russia and Ukraine
(33) The exporters in Russia and Ukraine, did not cooperate: export prices had therefore to be based on the facts available. In this respect, export prices for Russia and Ukraine were established on the basis of purchase prices of an independent importer which was considered appropriate since it imported during the investigation period more than 50 % of total imports of silicon carbide originating in the countries concerned. These purchase prices were at franco destination level. Freight and insurance costs incurred were deducted in order to establish an ex-national border price. The data supplied by this importer did not permit a distinction to be made between the silicon carbide originating in Russia and Ukraine.
IV. Comparison
(34) For all countries, with the exception of China and Norway, the normal value was compared with the export price for comparable qualities, transaction-by-transaction, and on an ex-works basis. For the NMEs, ex-works was taken as ex-national border in accordance with normal practice for these countries. No adjustments were claimed or deemed necessary in respect of different levels of trade (Article 2 (9) (a) of the basic Regulation) since the investigation showed that no different price patterns existed on the reference market for different types of customers of silicon carbide.
For the product originating in Russia and Ukraine an adjustment based on detailed information supplied by the importer referred to in recital 33 was made to the normal value in order to take account of the difference in physical characteristics in accordance with Article 2 (9) (a) of the basic Regulation.
(35) The average price of all Norwegian export transactions of silicon carbide, based on Eurostat figures, was compared on an ex-works basis with the normal value for silicon carbide established on the basis of the average price of all transactions on the US market, all qualities taken together.
The export prices for certain qualities reported under the Norwegian producers' undertakings were also compared with the sales prices on the US market for the comparable qualities. These findings confirmed the results found in the comparison of all Norwegian export transactions.
(36) In the case of China, the three exporters which replied to the Commission's questionnaire claimed several adjustments for differences in physical characteristics and certain selling expenses. Since, as previously mentioned, these exporters were deemed to be unrepresentative of total Chinese exports of silicon carbide to the Community, it was not possible to determine, on the basis of the evidence available, whether such adjustments were applicable to all exports to the Community. However, since it became known from different sources during the investigation that China exports predominantly metallurgical silicon carbide, it was considered that in applying the provisions of Article 7 (7) (b) of the basic Regulation (facts available), it would be unreasonable to use an average normal value based on both crystalline and metallurgical grades. A normal value based on the average price for metallurgical grade only was therefore used. The comparison was made between this normal value and the export price as determined above. In so doing, adjustments warranted for differences affecting price comparability, in respect of the volume of exports by the three Chinese cooperating exporters, have been taken into account.
Claims for adjustments for differences in cost factors, such as labour, between the US producers on the one hand and the Chinese producers on the other were rejected since no adjustments other than those resulting from comparative natural advantages can be granted. Cost differences, if any, due to the economic system existing in the exporting country cannot be taken into consideration as this would negate the purpose of Article 2 (5) of the basic Regulation of determining normal value on the basis of prices or costs in a market economy; however, cost differences resulting from comparative natural advantages are not due to the economic system existing in an exporting country.
V. Dumping margins
(37) These comparisons showed the following weighted average dumping margins, expressed as a percentage of the net free-at-Community frontier price before duty:
China: 72,5 %
Norwegian exporting producers: 0,0 %
Poland: 8,3 %
Russia: 23,3 %
Ukraine: 23,3 %
G. RECURRENCE OF INJURY (38) In the light of the above analysis and in order to assess the effect of the expiry of measures in force, the following was considered:
I. Norway
(39) Although the Norwegian exporters did not fully cooperate, evidence available clearly indicates that the Norwegian product is mostly present in the high quality market segment, where higher prices prevail.
In the light of the past pricing behaviour of Norwegian producers which has led to prices being kept generally in line with those of Community producers, even at the expense of loss of market share, it appeared unlikely that the expiry of the undertakings would lead to an imminent recurrence of dumped imports and injury caused by Norwegian exporters.
II. China, Poland, Russia and Ukraine
(40) Exporters in these countries sold silicon carbide at high undercutting prices to the Community in increasing quantities, without respecting, except for the Polish exporter, the conditions of the undertaking agreed with the Commission.
Since these imports continued to injure the Community industry, it can be expected that the expiry of measures would only lead to a further deterioration of an already weakened Community industry.
III. Effect of the cumulated, low-priced imports
(41) For this examination, it was considered appropriate to cumulate the imports from China, Poland, Russia and Ukraine because the exporters in these countries followed largely the same low-pricing behaviour and the imports have the same basic physical characteristics, are interchangeable, have the same channels of distribution and were sold in the same geographical market during the same period.
(42) In considering the relationship between these low-priced imports and the weak situation of the Community industry, it was found that the increase in volume and market share of these imports in combination with their undercutting prices, coincided with the deterioration of the situation of the Community industry.
Since this is a price-sensitive product in a transparent market which consists mainly of industrial users, sales at low prices inevitably have substitution effects as customers choose to be supplied at the lowest price offered. It was therefore concluded that these low-priced imports can be clearly associated with the deteriorating situation of the Community industry.
IV. Effect of other factors
(43) It was examined whether factors, other than the low-priced imports from these four countries, might have led to or contributed to the weak situation of the Community industry and especially whether imports from countries other than the four mentioned, may have contributed to this situation. This examination was based on 'Eurostat' figures.
(a) Norway
(44) Regarding imports from Norway, it has to be noted that Norwegian prices of silicon carbide imported into the Community were, in general, in line with those of the Community producers. Furthermore, the Norwegian market share has declined from 1989 to the investigation period. Therefore, it was considered unlikely that Norwegian imports have contributed to the deteriorating situation of the Community industry.
(b) Other third countries
(45) A certain quantity of imports (7,7 % market share during the investigation period) originates from third countries other than Norway. It was found that prices of imports from these countries were on average below those charged by the Community producers.
No evidence has been supplied to the Commission as to whether these prices were low in respect of low-quality silicon carbide or whether these products were actually being sold at dumped prices.
Conclusion
(46) It was considered arguendo that, even if the imports from other countries had contributed to the difficult state of the Community industry, it would not affect the conclusion that the cumulated imports from the four countries in question taken in isolation have been a cause of this difficult state.
V. Conclusion on recurrence of injury
(47) In the light of the new dumping and injury findings, it was concluded that a continuation of measures for all countries, except Norway, would be warranted but that the nature of such measures should be reconsidered in the light of the new dumping and injury findings. With regard to Norway, the findings of no dumping for all grades of silicon carbide exported to the Community and not only for those grades covered by the undertakings confirms that the pricing behaviour of the Norwegian exporters is such that there is nothing to suggest that the expiry of the measures would lead to an imminent recurrence of injury caused by dumping.
H. COMMUNITY INTEREST (48) The purpose of anti-dumping measures is, in general, to eliminate distortion of competition arising from dumping practices and thus to re-establish open and fair competition on the Community market. In considering the Community interest, account has been taken of the effectiveness of the existing measures in addition to the interest of the Community silicon carbide industry, the users of silicon carbide and the final consumers of the end product. In this respect it is also recalled that in the previous investigation, the adoption of measures was considered to be in the interest of the Community.
Leaving the Community industry without adequate protection against the unfair competition as established would add to the difficulties of this industry and could lead to its disappearance with the consequent negative effect on employment and investment. One plant in Italy had already closed during the investigation period and a further plant in France has subsequently had to close. Such closures, resulting in reduced competition for the supply of silicon carbide, have a negative impact on users. As far as these purchasers of silicon carbide are concerned, it may be argued that they could derive some benefit from buying silicon carbide at dumped prices. Any such benefit, however, would be minimal, since the silicon carbide in question accounts for only a fraction of the price of most end-products.
In these circumstances, it is in the Community interest to maintain definitive anti-dumping measures to eliminate the injurious effects of dumped imports and that these measures should take the form of anti-dumping duties.
I. DUTY (49) When calculating the amount of duty necessary to provide adequate protection to the Community industry from continued injurious dumping, it was considered that any measures should allow the Community industry to cover its costs of production and to obtain a reasonable profit.
In this respect and based on the findings in the reference country, it was found that a profit margin of 5 % of the cost of production for this sector could be regarded as an appropriate minimum taking into account the need for long-term investment.
(50) In order to calculate the amount of duty, a price level established which would permit the Community industry to achieve this result.
Since silicon carbide consists of two main grades, crystalline and metallurgical, two different price levels were calculated, consisting of the weighted average cost of production of the Community producers for each main grade and the profit margin.
(51) It was considered that the duty should cover the difference between this price and the actual selling prices of the exporters in the Community.
(52) In order to determine the level of the duty, price increases thus established have been expressed as a percentage of the weighted average free-at-Community frontier value of the imported goods.
(53) For Russia and Ukraine, an injury margin of 51,1 % was found. Since this margin was higher than the dumping margin, the rate of duty should be established on the basis of the latter.
(54) The net, free-at-Community-frontier price, before duty established for exports originating in China was compared with the injury level determined for the Community industry in respect of metallurgical grade silicon carbide. This comparison results in an injury margin of 52,6 %, which is lower than the dumping margin. Therefore, the duty should be established on the basis of the injury margin.
(55) For Poland, an injury margin of 27 % was found. Since this margin is higher than the dumping margin determined, a duty should be established on the basis of the latter.
The undertaking accepted in 1986 from the only Polish exporter is no longer apt to prevent injury. This exporter has not offered a revised undertaking, despite having been given the opportunity to do so by the Commission.
Notwithstanding the acceptance of an undertaking from the Russian government (see recital 56), a residual duty should be imposed on imports originating in Russia in view of the rapid changes taking place in that country's economic system which may lead to the emergence of new producers and exporters of silicon carbide operating independently of the State.
Undertakings
(56) Having been informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties, certain exporters in China and Russia offered undertakings.
For China, these exporters are those mentioned in recital 5 which responded to the Commission's questionnaire. They offered undertakings in respect of their individual circumstances as to dumping and injury caused thereby. It has been deemed inappropriate to determine individual company findings for these State-owned corporations for the reasons set out in recital 31. The Commission has therefore considered the undertakings offered by the Chinese exporters unacceptable and have informed the three Chinese exporters accordingly.
The Russian government, in conjunction with the State-trading organization V/O Stankoimport, offered undertakings which would remedy the injurious effects of the dumped exports. The Commission consulted the Advisory Committee on acceptance of these undertakings and, since some objections were raised, sent a report on these consultations to the Council. These undertakings were accepted by Commission Decision 94/202/EC (6),
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of silicon carbide falling within CN Code 2849 20 00 originating in the People's Republic of China, Poland, the Russian Federation and Ukraine.
However, the duty shall not apply to silicon carbide exported by V/O Stankoimport, Moscow, Russia (Taric additional code 8746).
2. The rate of the duty applicable to the net, free-at-Community-frontier price, before duty, shall be as follows:
People's Republic of China 52,6 - Poland 8,3 - The Russian Federation 23,3 Ukraine 23,3 -
3. The provisions in force concerning customs duties shall apply.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 12 April 1994.
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COMMISSION REGULATION (EC) No 3665/93
of 21 December 1993
amending Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community customs code
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community customs code (1), and in particular Article 249 thereof,
Whereas Commission Regulation (EEC) No 2454/93 (2) lays down certain provisions for the implementation of Regulation (EEC) No 2913/92;
Whereas amendments have been concerning certain subheadings of CN codes 0408, 2208 and 2710 and the designation of certain certificate issuing authorities;
Whereas it is opportune to align the maximum amounts permitted in respect of consignments which give rise to the establishment of Forms APR or EUR 2 used in relations with the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the territory of the former Yugoslav Republic of Macedonia, as well as the Occupied Territories;
Whereas the implementation of the Cooperation Agreement between the EC and the Republic of Slovenia requires the amendment of Articles 120 to 140 of Regulation (EEC) No 2454/93;
Whereas Articles 222, 223 and 224 of Regulation (EEC) No 2454/93 contain provisions on customs declarations using data-processing techniques; whereas it has become necessary to make those provisions more explicit; whereas it is appropriate to lay down that all other customs formalities may also be carried out using data-processing techniques; whereas these special rules must nevertheless be reserved for cases where only the formalities carried out by data-processing techniques have the desired legal effects;
Whereas goods placed inter alia in a free zone or free warehouse, in temporary storage or under suspensive arrangements may be declared in error for a customs procedure involving the obligation to pay import duties, instead of other goods; whereas it is appropriate to provide that the declaration for that procedure should be invalidated under certain conditions;
Whereas it is necessary to make the provisions for the implementation of Community measures entailing verification of the use and/or destination of goods consistent with evolving administrative methods; whereas in connection with the suppression of checks and formalities at internal frontiers it is appropriate to introduce further flexibility in administrative checks at offices of destination;
Whereas it is necessary for reasons connected with customs checks to align the provisions concerning the use of the consignment note CIM and the TR transfer note, by providing for the application of the customs stamp on sheet 1 of the TR transfer note;
Whereas it has become apparent that the Member States apply differing rules concerning the customs status of goods which have been abandoned to the Exchequer or seized or confiscated by the competent authorities; whereas, while these goods are not released for free circulation, a customs debt may still be incurred with regard to them; whereas it is therefore appropriate to lay down Community provisions to ensure that these goods do not enter into the Community's economic circuit without import duties being paid;
Whereas it is necessary to add to the list of boxes to be completed in the declaration in relation to the customs warehousing procedure in order to harmonize and facilitate customs checks on declarations used for the customs warehousing procedure;
Whereas it is appropriate to adapt the provisions relating to securities to take account of increased risks of fraud for certain categories of goods, in order to make those provisions more binding;
Whereas it is appropriate to insert into Regulation (EEC) No 2454/93 the provisions amending the Community rules in force before the date of application of that Regulation;
Whereas errors and omissions produced during the transposition of the rules in force into the implementing provisions of the code should be corrected;
Whereas the measures provided for by this Regulation are in accordance with the opinion of the Customs Code Committee.
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2454/93 is amended as follows:
1.
The following Article 1a is inserted:
‘Article 1a
For the purposes of applying Articles 16 to 34 and 291 to 308, the countries of the Benelux Economic Union shall be considered as a single Member State.’
2.
In Title I of Part I the following Chapter 3 is inserted:
‘CHAPTER 3
Data-processing techniques
Article 4a
1. Under the conditions and in the manner which they shall determine, and with due regard to the principles laid down by customs rules, the customs authorities may provide that formalities shall be carried out by a data-processing technique.
For this purpose:
-
“a data-processing technique” means:
(a)
the exchange of EDI standard messages with the customs authorities;
(b)
the introduction of information required for completion of the formalities concerned into customs data-processing systems;
-
“EDI” (electronic data interchange) means, the transmission of data structured according to agreed message standards, between one computer system and another, by electronic means,
-
“standard message” means a predefined structure recognized for the electronic transmission of data.
2. The conditions laid down for carrying out formalities by a data-processing technique shall include inter alia measures for checking the source of data and for protecting data against the risk of unauthorized access, loss, alteration or destruction.
Article 4b
Where formalities are carried out by a data-processing technique, the customs authorities shall determine the rules for replacement of the handwritten signature by another technique which may be based on the use of codes.’
3.
In the table in Article 16, order No 1 is replaced by Annex 1.
4.
Article 26 is amended as follows:
-
the table is amended in accordance with Annex 2,
-
the second sentence of paragraph 3 is deleted.
-
the following paragraph 3a is inserted:
‘3a. Such a certificate shall be neither issued nor accepted for the tobaccos listed under order No 6 of the table below, when more than one type is presented in the same immediate packaging.’
5.
Article 41 is amended as follows:
-
the following paragraph 1 is inserted:
‘1. Accessories, spare parts or tools delivered with any piece of equipment, machine, apparatus or vehicle which form part of its standard equipment shall be deemed to have the same origin as that piece of equipment, machine, apparatus or vehicle.’
-
the current text becomes paragraph 2.
6.
In Article 115 (1), the amount of ‘ECU 2 820’ is replaced by ‘ECU 3 000.’
7.
In Article 117 (1), the amounts of ‘ECU 200’ and ‘ECU 565’are replaced by ‘ECU 215’ and ‘ECU 600’ respectively.
8.
The following paragraph is added to Article 120:
‘Insofar as the Republic of Slovenia is concerned, the provisions of the first paragraph, along with those of Articles 121 to 140, shall apply only to those products listed in Annex I of the Treaty establishing the European Coal and Steel Community’.
9.
In Article 183 (4), ‘in paragraph 2’ is replaced by ‘in paragraphs 1 and 2’.
10.
Article 188 is deleted.
11.
In Article 199, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
‘2. Where the declarant uses data-processing systems to produce his customs declarations, the customs authorities may provide that the handwritten signature may be replaced by another identification technique which may be based on the use of codes. This facility shall be granted only if the technical and administrative conditions laid down by the customs authorities are complied with.
The customs authorities may also provide that declarations produced using customs data-processing systems may be directly authenticated by those systems, in place of the manual or mechanical application of the customs office stamp and the signature of the competent official.
3. Under the conditions and in the manner which they shall determine, the customs authorities may allow some of the particulars of the written declaration referred to in Annex 37 to be replaced by sending these particulars to the customs office designated for that purpose by electronic means, where appropriate in coded form.’
12.
Article 205 (4) is deleted.
13.
Chapter 2 of Title VII of Part I is replaced by the following:
‘CHAPTER 2
Customs declarations made using a data-processing technique
Article 222
1. Where the customs declaration is made by a data-processing technique, the particulars of the written declaration referred to in Annex 37 shall be replaced by sending to the customs office designated for that purpose, with a view to their processing by computer, data in codified form or data made out in any other form specified by the customs authorities and corresponding to the particulars required for written declarations.
2. A customs declaration made by EDI shall be considered to have been lodged when the EDI message is received by the customs authorities.
Acceptance of a customs declaration made by EDI shall be communicated to the declarant by means of a response message containing at least the identification details of the message received and/or the registration number of the customs declaration and the date of acceptance.
3. Where the customs declaration is made by EDI, the customs authorities shall lay down the rules for implementing the provisions laid down in Article 247.
4. Where the customs declaration is made by EDI, the release of the goods shall be notified to the declarant, indicating at least the identification details of the declaration and the date of release.
5. Where the particulars of the customs declaration are introduced into customs data-processing systems, paragraphs 2, 3 and 4 shall apply mutatis mutandis.
Article 223
Where a paper copy of the customs declaration is required for the completion of other formalities, this shall, at the request of the declarant, be produced and authenticated, either by the customs office concerned, or in accordance with the second subparagraph of Article 199 (2).
Article 224
Under the conditions and in the manner which they shall determine, the customs authorities may authorize the documents required for the entry of goods for a customs procedure to be made out and transmitted by electronic means.’
14.
The first and second indents of point (a) of Article 229 (1) are replaced by the following:
‘-
animals for the uses referred to in points 12 and 13 of Annex 93a and equipment satisfying the conditions laid down in point (b) of Article 685 (2).
-
packings listed in Article 679, imported filled, bearing the permanent, indelible markings of a person established outside the customs territory of the Community,’
15.
The following point la is inserted in Article 251:
‘1a. Where it is established that the goods have been declared in error, instead of other goods, for a customs procedure entailing the obligation to pay import duties, the customs authorities shall invalidate the declaration if a request to that effect is made within three months of the date of acceptance of the declaration, provided that:
-
the goods originally declared:
(i)
have not been used other than as authorized in their original status; and
(ii)
have been restored to their original status;
and that
-
the goods which ought to have been declared for the customs procedure originally intended:
(i)
could, when the original declaration was lodged, have been presented to the same customs office: and
(ii)
have been declared for the same customs procedure as that originally intended.
The customs authorities may allow the time limit referred to above to be exceeded in duly substantiated exceptional cases;’
16.
Article 252 is replaced by the following:
‘Article 252
Where the customs authorities sell Community goods in accordance with point (b) of Article 75 of the code, this shall be done in accordance with the procedures in force in the Member States.’
17.
The heading of Chapter 1 of Title IX of Part I is replaced by: the following:
‘CHAPTER 1
General provisions’
18.
The following Article 253a is inserted:
‘ Article 253a
Where a simplified procedure is applied using data-processing systems to produce customs declarations or using a data-processing technique, the provisions referred to in Articles 199 (2) and (3), 222, 223 and 224 shall apply mutatis mutandis.’
19.
In Article 269 paragraph 3 is replaced by the following:
‘3. The procedure referred to in paragraph 1 shall not apply to Type F warehouses nor to the entry for the procedure of the Community agricultural products referred to in Articles 529 to 534 in any type of warehouse.
4. The procedure referred to in the second indent of paragraph 1 shall apply to Type B warehouses except that it shall not be possible to use a commercial document. Where the administrative document does not contain all the particulars shown in Annex 37 Title I (B) (2) (f) (aa), these should be supplied on the accompanying application.’
20.
Article 272 (2) is replaced by the following:
‘2. Article 269 (3) and Article 270 shall apply mutatis mutandis.’
21.
Article 275 (1) is replaced by the following:
‘1. Declarations of entry for a customs procedure with economic impact other than outward processing or customs warehousing which the customs office of entry for the procedure may accept at the declarant's request without their containing some of the particulars referred to in Annex 37 or without their being accompanied by certain documents referred to in Article 220 must contain at least the particulars referred to in Boxes 14, 21, 31, 37, 40 and 54 of the single administrative document and, in Box 44, a reference to the authorization, or a reference to the application where the second subparagraph of Article 556 (1) applies.’
22.
In Article 291 (4), paragraph 4 becomes the second subparagraph of paragraph 3.
23.
Article 411 (1) is replaced by the following:
‘1. Where presentation of the Community transit declaration at the office of departure is waived in respect of goods which are to be dispatched under cover of a consignment note CIM, or a TR transfer note, in accordance with Articles 413 to 442, the customs authorities shall determine the measures necessary to ensure that sheets 1, 2 and 3 of the consignment note CIM, or sheets 1, 2, 3A and 3B of the TR transfer note bear the symbol “T1” or “T2”, as the case may be.’
24.
In Article 434, paragraphs (2), (3) and (4) are replaced by the following:
‘2. The office of departure shall indicate clearly in the box reserved for customs on sheets 1, 2, 3A and 3B of the TR transfer note:
-
the symbol “T1”, where the goods are moving under the external Community transit procedure,
-
the symbol “T2”, “T2ES” or “T2PT” as the case may be, where the goods are moving under the internal Community transit procedure, in accordance with Article 165 of the code and with point (b) of Article 311.
The symbol “T2”, “T2ES” or “T2PT” shall be authenticated by application of the stamp of the office of departure.
3. Where a TR transfer note relates both to containers containing goods moving under the external Community transit procedure and containers containing goods moving under the internal Community transit procedure, in accordance with Article 165 of the code and with point (b) of Article 311, the office of departure shall enter in the box reserved for customs on sheets 1, 2, 3A and 3B of the TR transfer note separate references to the container(s), depending upon which type of goods they contain, and shall enter the symbol “T1” and the symbol “T2”, “T2ES” or “T2PT” respectively, alongside the reference to the corresponding container(s).
4. In cases covered by paragraph 3, where lists of large containers are used, separate lists shall be made out for each category of container and the reference thereto shall be indicated by entering in the box reserved for customs on sheets 1, 2, 3A and 3B of the TR transfer note, the serial number(s) of the list(s). The symbol “T1” or the symbol “T2”, “T2ES” or “T2PT”shall be entered alongside the serial number(s) of the list(s) according to the category of containers to which they relate.’
25.
The following subparagraph is added to Article 482 (4):
‘However, the competent authority of the Member State of destination may decide that the goods shall be delivered directly to the consignee under further conditions specified by the competent office of destination which enable the office to carry out any necessary checks upon or after arrival of the goods.’
26.
Article 524 (1) is replaced by the following:
‘1. Provided the proper conduct of operations is not thereby affected, the supervising office shall allow Community goods and non-Community goods to be stored in the same storage area.’
27.
Article 529 is amended as follows:
-
the single paragraph becomes paragraph 1 and ‘Articles 522 and 524’ are replaced by ‘Article 522’,
-
the following paragraph 2 is added:
‘2. Without prejudice to the specific provisions adopted under the agriculture rules, prefinanced goods may be stored in the same storage area as other Community or non-Community goods pursuant to Article 524 (1) only if the identity and customs status of each item can be established at all times.’
28.
In Article 534 (2) the following is deleted:
‘, including the export licence or advance-fixing certificate referred to in Commission Regulation (EEC) No 3719/88’.
29.
Article 546 is replaced by the following:
‘Article 546
Articles 544 (2) and 545 (2) and (4) shall be without prejudice to the application of Articles 121, 122, 135 and 136 of the code concerning the application of charges to goods or products placed under the inward processing procedure or the procedure for processing under customs control.’
30.
Article 552 (1) (f) is amended as follows:
-
Point (i) is replaced by the following:
‘(i)
during the period in question, obtains 80 % of his total requirements for such goods incorporated in the compensating products in the customs territory of the Community in the form of comparable goods, as defined in point (b), produced in the Community.
To make use of this provision, the applicant must supply the customs authorities with supporting documents that enable those authorities to satisfy themselves that the intended procurement of Community goods may be reasonably carried out. Such supporting documents, to be annexed to the application, may take the form, for example, of copies of commercial or administrative documents which refer to procurement in an earlier reference period, or orders or intended procurement for the period under consideration.
Without prejudice to Article 87 (2) of the code, the customs authorities shall, where appropriate, check that the percentage is correct at the end of the period in question (code 7001);’
-
The following point (vi) is added:
‘(vi)
is building satellites or parts of satellites (code 7006).’
31.
In Article 553 (2) the first subparagraph is replaced by the following:
(This amendment does not concern the English version)
32.
Article 564 (2) is replaced by the following:
‘2. Where monthly aggregation is authorized for the agricultural products referred to in Article 560 (2), the periods for re-exportation shall expire no later than the last day of the third month following that for which aggregation was authorized.’
33.
Article 569 (1) is replaced by the following:
‘1. Without prejudice to paragraph 2 and Article 570 (1), where use is to be made of equivalent compensation, the equivalent goods must fall within the same eight-digit subheading of the combined nomenclature code, be of the same commercial quality and have the same technical characteristics as the import goods.’
34.
Article 572 is replaced by the following:
‘Article 572
1. The use of the prior exportation system is not possible for authorizations to be issued on the basis of one or more of the economic conditions referred to by codes 6201, 6202, 6301, 6302, 6303, 7004, 7005 and 7006, and if the applicant is not able to prove that the benefit of using this system accrues solely to the holder of the authorization.
2. Where prior exportation is used under the suspension system, Articles 569, 570 and 571 (2) and (3) shall apply mutatis mutandis.
3. In the case of prior exportation, the change in customs status referred to in Article 115 (3) of the code shall take place:
-
in respect of the exported compensating products, at the time of acceptance of the export declaration and on condition that the import goods are entered for the procedure,
-
in respect of the import goods and equivalent goods, at the time of release of the import goods declared for the procedure.’
35.
In Article 577 (2) the following point (e) is added:
‘(e)
the delivery, in the form of compensating products, of goods used for the construction of satellites and ground station equipment that are an integral part of those satellites, intended for launching sites established in the customs territory of the Community. With respect to this ground station equipment, the delivery shall not be definitively assimilated to export until the moment when this equipment is assigned another permitted customs-approved treatment or use, other than release for free circulation.’
36.
Article 580 (1), (2) and (3) is replaced by the following:
‘1. The release for free circulation of goods in the unaltered state or main compensating products is possible where the person concerned declares that he is unable to assign those products or goods to a customs-approved treatment or use under which import duties would not be payable, subject to payment of compensatory interest in accordance with Article 589 (1).
2. The customs authorities may authorize release for free circulation on a general basis. Such an authorization is only possible if this does not contravene other Community provisions relating to release for free circulation.
3. When an authorization for release for free circulation on a general basis has been issued in accordance with paragraph 2, import goods may be put on the Community market in the form either of compensating products or of goods in the unaltered state without the formalities for release for free circulation being completed at the time of their being put on the market.
For the purposes of paragraph 4 only, goods put on the market in such a manner shall not be considered to have been assigned a customs-approved treatment or use.’
37.
The following Article 585a is inserted:
‘Article 585a
1. The import duties to be charged under Article 121 (1) of the code on import goods eligible, at the time when the declaration of entry for the procedure was accepted, for favourable tariff treatment by reason of their end-use shall be calculated at the rate corresponding to such end-use without special authorization for the granting of such treatment being required, provided that the conditions attaching to the granting of favourable tariff treatment are satisfied.
2. Paragraph 1 shall apply only where the goods have been put to the end-use qualifying them for favourable tariff treatment before expiry of the time limit set for that purpose by the Community provisions governing the conditions under which such goods may be accorded the said treatment. The time limit shall run from the time of acceptance of the declaration of entry for the procedure. It may be extended by the customs authorities where the goods have not been put to the end-use in question as a result of unforeseeable circumstances, force majeure or the inherent technical exigencies of the processing operation.’
38.
Article 587 (1) is replaced by the following:
‘1. Where the compensating products are released for free circulation and the customs debt is calculated on the basis of the items of charge appropriate to the import goods, in accordance with Article 122 of the code, boxes 15, 16, 34, 41 and 42 of the declaration shall refer to the import goods.’
39.
The following indent is added to Article 589 (2):
‘-
where a customs debt is incurred as a result of an application for release for free circulation under Article 128 (4) of the code, as long as the import duties payable on the products in question have not yet actually been repaid or remitted.’
40.
Article 591 (2) is replaced by the following:
‘2. The calculations shall be effected in accordance with the methods referred to in Articles 592, 593 and 594 or by any other method giving the same results on the basis of the examples set out in Annex 80.’
41.
In Article 601 the following paragraphs 4, 5 and 6 are added:
‘4. Simplified procedures may be established for specific triangular trade flows at the request of firms with a sufficiently large number of anticipated export operations.
This procedure shall be requested, by the holder of the authorization, from the customs authorities of the Member State in which the authorization was issued.
This derogation shall provide for the aggregation of anticipated exports of compensating products over a given period, with a view to the issuing of an Information Sheet INF 5 covering the total quantity of the exports over the said period.
5. The request shall be accompanied by any supporting documents or evidence necessary for its appraisal. Such documents or evidence shall inter alia show the frequency of the exports, give an outline of the procedures envisaged and include particulars showing that it will be possible to verify whether the conditions for equivalent goods are satisfied.
6. When the customs authorities are in possession of all the necessary particulars they shall forward the request to the Commission, together with their opinion.
As soon as the Commission receives the request it shall communicate the particulars to the Member States.
The Commission shall decide, in accordance with the Committee procedure, whether and on what conditions an authorization may be issued, specifying inter alia the control measures to be used to ensure the proper conduct of operations under the equivalent compensation system.’
42.
Article 616 is replaced by the following:
‘Article 616
1. When products or goods entered for the inward processing procedure (suspension system) are to be moved within the customs territory of the Community, the transportation of the products or goods concerned shall be effected either in accordance with the provisions concerning external transit or in accordance with the transfer procedures provided for in paragraph 3 and in Articles 617 to 623.
2. The external transit document or the document treated as the external transit document shall bear the indications referred to in Article 610.
3. If permission is given for the use of the transfer procedures, they shall be set out in the authorization. They shall replace the movement procedures of the external transit arrangements. In the case of a transfer of products or goods from the holder of one authorization to the holder of a second authorization, both of these authorizations shall stipulate the transfer procedures.
Permission for the use of the procedures in question may be given only if the holder of the authorization keeps or has kept for him the inward processing records referred to in Article 556 (3).’
43.
In Article 621 (1) the following point (d) is added:
‘(d)
simplification of the formalities laid down in Article 619, provided that the system established guarantees communication of the information in the same way as that set out in Annex 83, as well as completion of the formalities using a commercial or administrative document.’
44.
Article 624 is replaced by the following:
‘Article 624
The procedures laid down for release for free circulation under the drawback system shall apply to import goods, including import goods under the equivalent compensation system without prior exportation. In this last case, the goods are released for free circulation without application of import duties.’
45.
Article 634 (2) is replaced by the following:
‘2. The calculation shall be effected in accordance with the methods referred to in Articles 635, 636 and 637 or by any other method giving the same results on the basis of the examples set out in Annex 80.’
46.
Article 640 (2) is replaced by the following:
‘2. Where the simplified procedures relating to the formalities for release for free circulation under the drawback system and to export have been applied, the declarations referred to in points (f) and (j) of paragraph 1 or the documents shall be those referred to in Article 76 (2) of the code.’
47.
Article 645 is replaced by the following:
‘Article 645
Where the compensating products obtained from inward processing operations under the drawback system are consigned to another customs office under the external Community transit procedure, which may constitute justification for a request for repayment, and are the subject of a new inward processing application, the duly empowered customs authorities responsible for issuing the new authorization shall use the Information Sheet INF 1 referred to in Article 611 to determine the amount of any import duties to be levied or the amount of the customs debt liable to be incurred.’
48.
Article 646 (2) is replaced by the following:
‘2. The Information Sheet INF 7 referred to in paragraph 1 shall be used where the compensating products obtained from inward processing operations under the drawback system are transferred, without a repayment claim being lodged, to an office of discharge not mentioned in the authorization and are assigned there, either in the unaltered state or after further duly authorized processing, to one of the customs-approved treatments or uses permitting repayment or remission, in accordance with Article 128 (1) of the code. The customs office where the products or goods were assigned such treatment or use shall where necessary, at the request of the person concerned, issue the Information Sheet INF 7.’
49.
Article 647 (1) is replaced by the following:
‘1. The Information Sheet INF 7 shall be presented by the person concerned at the same time as the customs declaration used to assign the customs-approved treatment or use applied for.’
50.
In Article 648 (1) point (a) is replaced by the following:
‘(a)
in respect of each authorization where the value of the import goods per operator and per calendar year exceeds the limits set in Article 552 (1) (a) (v), the particulars indicated in Annex 85; such particulars need not be communicated where the inward processing application has been issued on the basis of one or more of the economic conditions referred to by the following codes: 6106, 6107, 6201, 6202, 6301, 6302, 6303, 7004, 7005 and 7006.
Such particulars must also be communicated where the economic conditions have been re-examined for an authorization of unlimited validity, or when changes are made to previously reported information concerning authorizations already issued.
However, in respect of the products referred to in Article 560 (2), the particulars must be supplied for every authorization granted, irrespective of the value of the products and irrespective of the code used to identify the economic conditions.’
51.
Article 674 is replaced by the following:
‘Article 674
1. The temporary importation procedure with total relief from import duties shall be granted for:
(a)
pedagogic material and scientific equipment;
(b)
spare parts and accessories for such material or equipment;
(c)
tools especially designed for the maintenance, checking, calibration or repair of such material or equipment.
2. “Pedagogic material” means any material intended for the sole purpose of teaching or vocational training, and in particular models, instruments, apparatus and machines.
The list of goods to be considered as pedagogic materials is set out in Annex 91. An illustrative list of other goods imported in connection with educational, scientific or cultural activities is given in Annex 91a.
3. “Scientific equipment” means equipment intended for the sole purpose of scientific research or teaching, and in particular models, instruments, apparatus and machines.
4. The temporary importation procedure referred to in paragraph 1 shall be granted provided that the pedagogic material or scientific equipment, spare parts, accessories or tools:
(a)
are imported by approved establishments and are used under the supervision and responsibility of such establishments;
(b)
are used for non-commercial purposes;
(c)
are imported in reasonable numbers, having regard to the purpose of the importation;
(d)
remain throughout their stay in the customs territory of the Community the property of a person established outside that territory.
5. The period during which such pedagogic material or scientific equipment may remain under the temporary importation procedure shall be 12 months.’
52.
Article 675 is deleted.
53.
Article 680 is amended as follows:
-
The sole paragraph becomes paragaph 1 and points (c) and (f) are replaced respectively by the following:
‘(c)
special tools and instruments made available free of charge to a person established in the customs territory of the Community for use in the manufacture of goods which are to be exported in their entirety, on condition that such tools and instruments remain the property of a person established outside the customs territory of the Community;
(f)
samples, i.e. articles which are representative of a particular category of goods already produced or which are examples of goods the production of which is contemplated, but not including identical articles brought in by the same individual, or sent to a single consignee, in such quantity that, taken as a whole, they no longer constitute samples under ordinary commercial usage.’
-
The following paragraph 2 is added:
‘2. To qualify for the temporary importation procedure referred to in paragraph 1:
(a)
the goods referred to in points (a), (b), (c) and (f) of that paragraph must be owned by a person established outside the customs territory of the Community;
(b)
the samples referred to in point (f) of that paragraph must be imported solely for the purpose of being shown or demonstrated in the customs territory of the Community for the soliciting of orders for similar goods to be imported into that territory. They may not be sold or put to normal use except for the purposes of demonstration, or used in any way while in the customs territory of the Community.’
54.
In Article 684 paragraphs 2 and 3 are replaced by the following:
‘2. For these purposes:
(a)
“traveller” means any person referred to in Article 236 (A) (1);
(b)
“personal effects” means all articles, new or used, which a traveller may reasonably require for his or her personal use during the journey, taking into account all the circumstances of the journey, but excluding any goods imported for commercial purposes;
(c)
“goods imported for sports purposes” means sports requisites and other articles for use by travellers in sports contests or demonstrations or for training taking place in the customs territory of the Community.
3. Personal effects shall be re-exported at the latest when the person who imported them leaves the customs territory of the Community.
The period during which goods imported for sports purposes may remain under the temporary importation procedure shall be 12 months.
4. The illustrative list of such goods is set out in Annex 92.’
55.
The following Article 684a is inserted:
‘Article 684a
1. The temporary importation procedure with total relief from import duties shall be granted for tourist publicity material.
2. “Tourist publicity material” means goods the purpose of which is to encourage the public to visit foreign countries, in particular in order to attend cultural, religious, touristic, sporting or professional meetings or events held there.
3. An illustrative list of such goods is set out in Annex 93.’
56.
Article 685 is replaced by the following:
‘Article 685
1. The temporary importation procedure with total relief from import duties shall be granted for the equipment and live animals of any species imported for the purposes listed in Annex 93a.
2. The temporary importation procedure referred to in paragraph 1 shall be granted on condition that:
(a)
the animals are owned by a person established outside the customs territory of the Community;
(b)
the equipment is owned by a person established in the frontier zone adjacent to that of the customs territory of the Community;
(c)
draught animals and equipment are imported by a person established in the frontier zone adjacent to that of the customs territory of the Community for working land located inside the customs territory of the Community, involving the performance of agricultural or forestry work, including the clearing or transport of timber, or for pisciculture.
3. “Frontier zone” means, without prejudice to existing conventions in this respect, a zone which, as the crow flies, does not extend more than 15 kilometres from the frontier. The local administrative districts, part of whose territory lies within the zone, shall also be considered to be part of the frontier zone, notwithstanding any derogations on this matter.’
57.
In Article 689 the following paragraph 3 is added:
‘3. Following expiry of the period for which goods entered for the procedure under this Article may remain under the procedure, the goods shall be assigned to a new customs-approved treatment or use or entered for the temporary importation procedure with partial relief from import duties.
If it becomes necessary to determine the duties to be levied under the partial relief procedure, the date to be taken into consideration shall be that on which the goods were entered for temporary importation under paragraph 1.’
58.
Article 694 (1) is replaced by the following:
‘1. When issuing the authorization the designated customs authorities shall specify the period within the import goods must be assigned a customs-approved treatment or use, taking into account the periods provided for in Article 140 (2) of the code and Articles 674, 675, 679, 681, 682 and 684 and the time required to achieve the object of the temporary importation.’
59.
Article 698 is replaced by the following:
‘Article 698
1. Travellers' personal effects and goods imported for sports purposes referred to in Article 684 shall be authorized for the temporary importation procedure without a written application or authorization.
In that case the act provided for in Article 233 shall be considered to be an application for temporary importation and the absence of intervention by the customs authorities to be an authorization.
2. At the express request of the customs authorities and where a high amount of import duties and other charges is involved, paragraph 1 shall be waived with regard to personal effects.’
60.
Article 699 (3) is replaced by the following:
‘3. Where Article 697 applies, the ATA carnet shall be presented in order to enter goods for the temporary importation procedure at any duly empowered office of entry. The office of entry shall then act as the office of entry for the procedure.
However:
(a)
where the duly empowered office of entry is unable to check the fulfilment of all conditions to which the use of the temporary importation procedure is subject, or
(b)
where the office of entry is not empowered to act as the office of entry for the procedure,
the said office shall permit the goods to be carried to the office of destination able to carry out such checks under cover of the ATA carnet used as a transit document.’
61.
Article 700 is replaced by the following:
‘1. For the purposes of Article 88 of the code, entry for the temporary importation procedure shall be subject to the provision of a security.
2. By way of derogation from paragraph 1, Annex 97 lists the cases in which no security shall be required for entry of goods for the temporary importation procedure.’
62.
The followiong Article 700a is inserted:
‘Article 700a
1. For the purposes of Article 691 (2) (b) and 692 (2), the security shall be provided at the customs office which issued the authorization of entry for the procedure, in order to ensure payment of any customs debt and other charges which may be incurred in respect of the goods.
2. Where the authorization is issued pursuant to Article 692 using the simplified procedures provided for in Article 713, and the goods are to be used in more than one Member State, the holder of the procedure shall bring this information to the attention of the customs office.
3. The security shall be released by the customs office which issued the authorization, once the customs office which initially endorsed the information sheet referred to in Article 715 (3) receives the copy endorsed by the office of discharge under Article 716 (2), accompanied:
-
either by copy No 3 of the re-export declaration,
or
-
by a copy of the document entering the goods for another customs-approved treatment or use or, failing that, proof to the satisfaction of the customs authorities that the goods have been assigned another customs-approved treatment or use.’
63.
The following Article 710a is inserted:
‘Article 710a
In the event of the release for free circulation of the goods in a Member State other than the one in which they were entered for the procedure, the Member State of release for free circulation shall collect the import duties which are referred to in Information Sheet INF 6, provided for in Article 715 (3), in accordance with the corresponding indications.’
64.
In Article 712 the following paragraph 3 is aded:
‘3. By way of derogation from paragraph 1, goods entered for the temporary importation procedure under cover of an ATA carnet shall move within the customs territory of the Community without further customs formalities until completion of the formalities for discharge of the procedure. Article 452 shall apply mutatis mutandis.’
65.
The following subsection is added to Section 2 of Chapter 5 in Part II, Title III;
‘Subsection 9
Renewal of ATA carnets
Article 716a
1. Where it is foreseen that the temporary importation operation might exceed the period of validity of the ATA carnet because the holder is unable to re-export the goods, the issuing association may issue a replacement carnet. The holder shall return the original carnet to the issuing association.
2. The replacement carnet shall be submitted to the competent customs office for the place where the goods are located, which shall carry out the following formalities:
(a)
it shall discharge the original carnet using the re-exportation voucher which it shall return without delay to the initial customs office of temporary importation;
(b)
it shall receive the replacement carnet and retain the importation voucher, first entering on the said voucher the final date for re-exportation as shown on the original carnet plus any extension, and the number of the original carnet.
3. When the temporary importation procedure is discharged the office of re-exportation shall carry out the formalities laid down in Article 706 (3) using the re-exportation voucher of the replacement carnet, which it shall return without delay to the customs office which received the replacement carnet.
4. The issue of replacement carnets is the responsibility of the issuing association. If an ATA carnet expires and the holder is unable to re-export the goods, and the issuing association refuses to issue a replacement carnet, the customs authorities shall require completion of the customs formalities laid down in Articles 691 to 702.’
66.
Point (b) of Article 719 (10) is replaced by the following:
‘(b)
a vehicle for private use which has been placed under the temporary importation procedure may be used occasionally by a natural person established in the customs territory of the Community where such person is acting on behalf of and on the instructions of the user of the procedure, who is himself in that territory.’
67.
Point (b) of Article 747 (1) is replaced by the following:
‘(b)
the list of customs offices empowered to accept declarations for the procedure pursuant to Articles 695, 696, 697 and 699.’
68.
The heading of Chapter 3 of Title II of Part IV is replaced by the following:
‘CHAPTER 3
Goods in special situations’
69.
The following Article 867a is inserted:
‘Article 867a
1. Non-Community goods which have been abandoned to the Exchequer or seized or confiscated shall be considered to have been entered for the customs warehousing procedure.
2. The goods referred to in paragraph 1 may be sold by the customs authorities only on the condition that the buyer immediately carries out the formalities to assign them a customs-approved treatment or use.
Where the sale is at a price inclusive of import duties, the sale shall be considered as equivalent to release for free circulation, and the customs authorities themselves shall calculate the duties and enter them in the accounts.
In these cases, the sale shall be conducted according to the procedures in force in the Member States.
3. Where the administration decides to deal with the goods referred to in paragraph 1 otherwise than by sale, it shall immediately carry out the formalities to assign them one of the customs-approved treatments or uses laid down in Article 4 (15) (a), (b), (c) and (d) of the code.’
70.
Annex 6a which is set out in Annex 3 hereto is inserted.
71.
Annex 37 is amended in accordance with Annex 4 hereto.
72.
Annex 38 is amended in accordance with Annex 5 hereto.
73.
The first page of Annex 39 is replaced by Annex 6 hereto.
74.
Annex 52 is replaced by Annex 7 hereto.
75.
Annex 53 is replaced by Annex 8 hereto.
76.
Annex 56 is replaced by Annex 9 hereto.
77.
In Annex 67/B, the second page of the Annex to Inward Processing Application (economic grounds) is replaced by Annex 10 hereto.
78.
Annex 77 is amended in accordance with Annex 11 hereto.
79.
Annex 79 is amended in accordance with Annex 12 hereto.
80.
Annexes 91a and 93a which are set out in Annexes 13 and 14 hereto respectively are inserted.
Article 2
The following Regulations shall be repealed:
-
Council Regulation (EEC) No 2955/85 of 22 October 1985 derogating in respect of the countries of the Association of South-East Asian Nations, of the countries of the Central American Common Market and the countries which have signed the Cartagena Agreement (Andean Group) from Regulation (EEC) No 3749/83 on the definition of the concept of originating products for the purposes of the application of tariff preferences granted by the European Economic Community in respect of certain products from developing countries (3),
-
Commission Regulation (EEC) No 1592/93 of 22 June 1993 determining the conditions for the entitlement of vodka falling within CN codes 2208 90 31 and 2208 90 53, imported into the Community, to the tariff concessions provided for in the arrangement between the European Economic Community and the Kingdom of Sweden on trade in spirituous beverages (4).
Article 3
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1993.
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Commission Regulation (EC) No 168/2003
of 30 January 2003
fixing the representative prices and the additional import duties for molasses in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar(1), as amended by Commission Regulation (EC) No 680/2002(2),
Having regard to Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68(3), as amended by Regulation (EC) No 79/2003(4), and in particular Article 1(2) and Article 3(1) thereof,
Whereas:
(1) Regulation (EC) No 1422/95 stipulates that the cif import price for molasses, hereinafter referred to as the "representative price", should be set in accordance with Commission Regulation (EEC) No 785/68(5). That price should be fixed for the standard quality defined in Article 1 of the above Regulation.
(2) The representative price for molasses is calculated at the frontier crossing point into the Community, in this case Amsterdam; that price must be based on the most favourable purchasing opportunities on the world market established on the basis of the quotations or prices on that market adjusted for any deviations from the standard quality. The standard quality for molasses is defined in Regulation (EEC) No 785/68.
(3) When the most favourable purchasing opportunities on the world market are being established, account must be taken of all available information on offers on the world market, on the prices recorded on important third-country markets and on sales concluded in international trade of which the Commission is aware, either directly or through the Member States. Under Article 7 of Regulation (EEC) No 785/68, the Commission may for this purpose take an average of several prices as a basis, provided that this average is representative of actual market trends.
(4) The information must be disregarded if the goods concerned are not of sound and fair marketable quality or if the price quoted in the offer relates only to a small quantity that is not representative of the market. Offer prices which can be regarded as not representative of actual market trends must also be disregarded.
(5) If information on molasses of the standard quality is to be comparable, prices must, depending on the quality of the molasses offered, be increased or reduced in the light of the results achieved by applying Article 6 of Regulation (EEC) No 785/68.
(6) A representative price may be left unchanged by way of exception for a limited period if the offer price which served as a basis for the previous calculation of the representative price is not available to the Commission and if the offer prices which are available and which appear not to be sufficiently representative of actual market trends would entail sudden and considerable changes in the representative price.
(7) Where there is a difference between the trigger price for the product in question and the representative price, additional import duties should be fixed under the conditions set out in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(8) Application of these provisions will have the effect of fixing the representative prices and the additional import duties for the products in question as set out in the Annex to this Regulation.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 31 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2003.
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COUNCIL DECISION of 7 October 1996 on the conclusion of the Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East (96/626/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 130y in conjunction with Article 228 (3) first subparagraph thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas the Convention concluded with the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East, approved on 16 December 1993 (2), expired on 31 December 1995;
Whereas the Community assistance to UNRWA forms part of the campaign against poverty in the developing countries and thereby contributes to the sustainable economic and social development of the population concerned and the host countries in which that population lives;
Whereas a new Convention should be concluded with UNRWA so that the Community's aid can continue to be provided as part of a comprehensive programme offering a measure of continuity;
Whereas continued support of UNRWA operations would be likely to contribute to the attainment of the Community objectives described above,
HAS DECIDED AS FOLLOWS:
Article 1
The Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East is hereby approved on behalf of the Community.
The text of the Convention is attached to this Decision.
Article 2
The execution of the Community programme of food aid to UNRWA shall be governed by the procedure defined in Regulation (EEC) No 3972/86 (3) and as from 8 July 1996 by Regulation (EC) No 1292/96 (4) which repealed the aforesaid Regulation on that date.
Article 3
The President of the Council is hereby authorized to designate the persons empowered to sign the Convention in order to bind the Community.
Done at Luxembourg, 7 October 1996.
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COMMISSION DECISION of 28 July 1993 amending for the third time Decision 93/180/EEC concerning certain protection measures with regard to foot-and-mouth disease in Italy and repealing Decision 93/168/EEC
(93/419/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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), as last amended by Council Directive 92/118/EEC (2) and in particular Article 10 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 (3), as last amended by Council Directive 92/118/EEC and, in particular,
Article 9,
Whereas since 28 February 1993 several outbreaks of foot-and-mouth disesase have been declared in several regions in Italy;
Whereas the Commission has sent missions to Italy to examine the foot-and-mouth-disease situation;
Whereas the foot-and-mouth disease situation in Italy is liable to endanger the herds of other Member States of the trade in live biungulate animals and certain of their products;
Whereas following the outbreaks of foot-and-mouth disease the Commission adopted several Decisions, particularly 93/180/EEC of 26 March 1993 concerning certain protective measures with regard to foot-and-mouth disease in Italy and repealing Decision 93/168/EEC (4), as last amended by Decision 93/336/EEC (5);
Whereas the outbreaks have, as a result of the measures introduced and the action taken by the Italian authorities, been confined to certain parts of Italy's territory;
Whereas as a result of serological testing and clinical examinations restrictions can be removed form the provinces of Benevento, Avellino, Napoli and Salerno;
Whereas there is the possibility that illegal vaccination has been carried out in the province of Caserta and furthermore the origin of oubreaks in this province remains unknown; whereas it is necessary to retain restrictions in Caserta pending results of inquiries;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Decision 93/180/EEC is hereby amended as follows:
1. In Article 1 (2) and (3), the words '93/336/EEC of 28 May 1993' are replaced by '93/419/EEC of 28 July 1993'.
2. In Article 2 (3), the words '93/336/EEC of 28 May 1993' are replaced by '93/414/EEC of 28 July 1993'.
3. In Article 3 (4), the words '93/336/EEC of 28 May 1993' are replaced by '93/419/EEC of 28 July 1993'.
4. In Article 4 (4), the words '93/336/EEC of 28 May 1993' are replaced by '93/419/EEC of 28 July 1993'.
5. In Article 5 (4), the words '93/336/EEC of 28 May 1993' are replaced by '93/419/EEC of 28 July 1993'.
6. In Article 6 (3) and (4), the words '93/336/EEC of 28 May 1993' are replaced by '93/419/EEC of 28 July 1993'.
7. In Article 7 (3), the words '93/336/EEC of 28 May 1993' are replaced by '93/419/EEC of 28 July 1993'.
8. In Article 9 (3), the words '93/336/EEC of 28 May 1993' are replaced by '93/419/EEC of 28 July 1993'.
9. The Annex is replaced by the Annex to this Decision.
Article 2
The Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 28 July 1993.
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Commission Decision
of 21 December 2000
on the State aid which Italy is planning to implement in favour of the steel companies Lucchini SpA and Siderpotenza SpA
(notified under document number C(2000) 4368)
(Only the Italian text is authentic)
(Text with EEA relevance)
(2001/466/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 4(c) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof read in conjunction with Protocol 14,
Having regard to Commission Decision No 2496/96/ECSC of 18 December 1996 establishing Community rules for State aid to the steel industry (hereinafter referred to as the "Steel Aid Code")(1),
Having called on interested parties to submit their comments pursuant to the provisions cited above(2) and having regard to those comments,
Whereas:
I. PROCEDURE
(1) By letter dated 16 March 1999, Italy notified the Commission of aid, under Article 3 of the steel aid code, in favour of Lucchini SpA, for investments at its Piombino plant. By letter dated 29 November 1999, Italy notified further investment aid under Article 3 in favour of Lucchini SpA, Piombino, and also in favour of Siderpotenza SpA, a steel company owned by the Lucchini family.
(2) By letter dated 26 April 2000, the Commission informed Italy that it had decided to initiate the procedure laid down in Article 6(5) of the Steel Aid Code in respect of the aforementioned aid.
(3) The Commission decision to initiate the procedure was published in the Official Journal of the European Communities(3). The Commission invited interested parties to submit their comments on the aid.
(4) The Commission received comments from the UK Steel Association and from the UK Permanent Representation to the European Union. It forwarded them to Italy, which was given the opportunity to react and sent its reply thereto by letter dated 13 October 2000.
II. DESCRIPTION OF THE AID
(5) The notified investments and the expected effect on the environment have been described in detail in the decision to initiate the procedure. That description remains valid for the purposes of the present Decision.
(6) The investments carried out by Lucchini SpA and notified as eligible for environmental aid concern the coking plant, the steel works, the blast furnace, the fumes extraction system and the water and sewage system. The total notified investment costs, considered eligible by the Italian authorities, amount to ITL 190,9 billion (EUR 98,58 million). The proposed aid amounts to ITL 13,5 billion (EUR 6,98 million), representing an aid intensity of 7 %.
(7) The investments carried out by Siderpotenza SpA and notified as eligible for environmental aid concern the fume suction plant of the steel works, the after-burning system and a new loading system for the rolling mill. The total cost considered eligible by the Italian authorities amounts to ITL 5,9 billion (EUR 3,4 million) and the proposed aid to ITL 1,3 billion (EUR 0,68 million), representing an aid intensity of 22,3 %.
III. COMMENTS FROM INTERESTED PARTIES
(8) The UK Steel Association and the UK Representation to the European Union sent their comments and take the view that the aid proposed by the Italian authorities is incompatible with the rules set out in the Steel Aid Code for environmental aid because the investment was made primarily on economic and not environmental grounds.
IV. COMMENTS FROM ITALY
Lucchini SpA
(9) In its comments Italy rejects the Commission's doubts expressed as to the eligibility of the investments carried out by Lucchini SpA at Piombino. In particular, the Italian authorities contest the Commission's belief that the reasons for the notified investments were primarily concerned with production and not environmental protection. They state that the investments for upgrading and reorganising production were made in parallel with an environmental improvement plan. The technical characteristics of the environmental equipment relating to the blast furnace and the steelworks were such that the old environmental equipment could have continued to operate with the new production plant and comply with the rules in force on emission levels. Its replacement was completely unrelated to the renovation of the means of production (blast furnace and steelworks converters), the sole purpose being to reduce emissions more significantly than the statutory minimum with which the previous plant had already complied.
(10) In this context, the Italian authorities state that, as regards the pig-iron production installations, the main investments carried out for production consisted in the replacement of the blast furnace with a new one, better suited to new production requirements. The corresponding system for reducing dust and extracting gas from the old blast furnace could have remained in operation with the new blast furnace as it complied with the emission requirements (the output of gas is the same with the new blast furnace despite the (limited) increase in its capacity). However, the dust reduction and gas extraction system attached to the furnace was renewed in order to obtain a significant environmental improvement on existing standards. A new water spray tower (a Baumco tower to replace the old Venturi system) was installed and the dust bag modified, in order to ensure that the level of emissions is lower than before.
(11) As regards the steelworks installations, the main production investments carried out involved the replacement of existing converters with ones better suited to the production requirements. The existing wet systems for extracting and abating dust from the converter fumes could have continued to operate with the new converters. They would have complied with the rules on emissions (fume output before the intervention was greater than after the new converters were installed, despite the (limited) increase in the capacity of the new converters). However, new systems were installed in order to produce a significant environmental improvement on the rules in force. The new systems, with dry electrostatic filters, produce far lower emissions than previous levels.
(12) To back up their claim that the environmental installations were not replaced for economic reasons, the Italian authorities also refer to the independent expert's report that they sent with the notification. The report concluded that from the standpoint of age, the environmental protection plant still had a useful life of at least 25 % before it need be replaced or modified. The investments were carried out only because the old equipment would not have produced the significant environmental improvement in relation to existing levels necessary, in view of the plant's location in a densely populated area, even before the work on the new production facilities. Although the existing environmental plant complied with the statutory emission requirements and could function with the renovated production plant, it could not produce a significant environmental improvement. Therefore, with regard to that objective, the existing plant was technically outdated. This is why it was replaced with new, modernised or modified equipment.
(13) As regards the necessity for the investor to demonstrate that a clear decision was taken to opt for higher standards, which necessitated additional investment, the Italian authorities consider that all the investments notified must be regarded as additional. This would be because the company decided to opt for significantly higher environmental standards irrespective of the investments in production which would not have required any investment in the environmental equipment in order to comply with emission levels.
(14) As regards the low level of emission reductions obtained with the investments in the coking plant, the Italian authorities point out that although the investments were notified on two different dates, they were carried out consecutively as part of a single programme. Therefore, the results to be compared in order to assess the improvement on emissions are the results after the last investment. That way, they concluded, the reductions in dust emissions from the coking furnaces are of the order of 25 %, which is significant.
(15) As regards the doubts raised by the Commission on the possible use for production of the equipment declared for environmental purposes, the Italian authorities state that the total cost to the company of the environmental measures was ITL 247,6 billion (206,2 + 41,4). However, at the appraisal stage, the Italian authorities, on the basis of the independent expert's report, decided to reduce the eligible basis to ITL 190,9 billion (ITL 152,5 billion in the first notification and ITL 38,4 in the second), in view of the fact that some of the measures, either in full or in part, were not eligible under the more restrictive terms of the Steel Aid Code.
(16) As regards the position taken by the Commission on the inclusion of the depreciation costs of the investments in the calculation of the cost advantage to production, the Italian authorities refer again to standard accountancy practice with respect to calculation of production costs. The depreciation costs being a normal element of production costs, they consider that they must be taken into consideration without question.
(17) As regards the period during which the cost advantage is calculated, the Italian authorities state that they used the annual amortisation, which was calculated in accordance with Italian rules. For the five investment projects in question, the coefficients provided for by law yielded the corresponding periods of time during which the advantages in terms of production costs are deducted, namely 100/15 = 6,66 years.
Siderpotenza SpA
(18) The Italian authorities justify the aid intensity (22,3 %) for the investments made by the undertaking in the fume suction plant and the afterburners, on the grounds that the maximum aid intensity in the present case is 50 %. Regarding the level of improvement achieved, the Italian authorities take the view that the 30 % reduction in dust emissions and the 10 % cut in the CO in the fumes are highly significant, in particular because the investments ensure the stability of the lower level of emissions obtained. The investment should therefore be assessed not only from the standpoint of the absolute improvement in the level of emissions but also from that of the guaranteed continuity and hence the enhanced reliability of the system as a whole.
(19) As regards the investment in the plant for the loading of continuously cast hot billets and its possible effects on productivity, the Italian authorities insist that there is no change in the productivity of the plant. In the case of plants like this, made up of a series of in-line machines, the productivity of the plant is regulated by the productivity of the "slowest" machines (bottleneck). The investment in the hot loader does not help to remove any of the plant's bottlenecks, i.e. the carrier plate (sliders) and the machinery used to make the finished product (beams).
(20) As regards the Commission's observation that the investments were made to improve the health and safety conditions of workers, the Italian authorities say that this does not fit the facts. The investment modifies the procedure for reheating billets for rolling, with a consequent reduction in CO2 emissions into the air. The reheating process is carried out by a pusher type reheating furnace, i.e. to a static machine, completely automated, its cycles being regulated by a PLC. Only one operator per shift is needed to control the furnace, from a control cabin which is located in another area and from which the sensors are monitored that control the progress of the cycle. Thus the safety of the workforce was taken care of before the investments in question.
Third parties' comments
(21) As regards the comments made by the UK Steel Association and the UK Representation to the European Union, the Italian authorities stated that they took note of them but reiterated their position as set out in their reply to the Commission's decision.
V. ASSESSMENT OF THE AID
Legal basis
(22) Article 3 of the Steel Aid Code allows steel companies to receive aid for environmental investments. The conditions for such aid to be considered compatible are set in the Annex to the Steel Aid Code and in the Community guidelines to State aid for environmental protection(4) (hereinafter referred to as the "environmental guidelines").
(23) According to the environmental guidelines, aid ostensibly intended for environmental protection measures but which in fact is aid for general investment is not covered by the guidelines. The eligible costs must be strictly confined to the extra investment costs necessary to meet environmental objectives(5). Also according to the guidelines (point 3.2.3B, first paragraph), aid for investment that allows significantly higher levels of environmental protection may be authorised, up to 30 %, in proportion to the improvement of the environment that is achieved and to the investment necessary for achieving the improvement.
(24) According to the Annex to the Steel Aid Code, the Commission will, as appropriate, impose strict conditions and safeguards so as to avoid general investment aid for new plant or equipment being granted under cover of environmental protection.
24.1. In the case of aid to encourage firms to contribute to significantly improved environmental protection, investors will have to demonstrate that a clear decision was taken to opt for higher standards, which necessitated additional investment, that is, that a lower-cost solution existed which would meet the legal standards. The higher aid level will only apply to the additional environmental protection achieved. Any advantage in regard to lower production cost will be deducted.
24.2. The Commission will also analyse the economic and environmental background of a decision to opt for the replacing of existing plant or equipment. In principle a decision to undertake new investment which would have been necessary in any event on economic grounds or due to the age of the existing plant or equipment (useful life left less than 25 %) will not be eligible for aid.
Assessment of the aid in the light of the comments from the Italian authorities
Lucchini SpA, Piombino
(25) The main point made by the Italian authorities is that although the company carried out an investment programme for the modernisation and rationalisation of the production equipment, the investments carried out in the environmental installations were not a result of such production investment programme. The environmental installations were not obsolete either. They could have continued to be used in conjunction with the new production equipment and environmental standards would have been met. The reason for their replacement was a voluntary decision to improve on environmental protection.
(26) However, no proof was provided that such have been the reasons for the decisions or that the old equipment could indeed have been compatible with the new production equipment. As stated by the UK Steel Association, which intervened as a third party, when a company carries out a major modernisation of its production facilities, as Lucchini did, the associated expenditure on environmental equipment is no more than what would normally be necessary as part of a modern production plant.
(27) It is even more difficult to accept that the company would have kept the old "environmental" equipment together with the new production equipment when account is taken of the age of equipment, which dated from 1971 and 1978. And, as stated in the expert's report by the Italian authorities on the age of the installations, the lifetime of the environmental equipment is the same as that of the whole plant because such equipment is just a component of that plant. This is so for the three areas involved, i.e. the coking plant, the steel works and the blast furnace. It is therefore difficult to believe that once the main production equipment was replaced because it was technologically obsolete, the environmental protection equipment that went with it might have stayed in place.
(28) The Italian authorities also state that the improvement in terms of environmental protection was necessary already before the production investment plan because the undertaking is located in a very densely populated area. This supplements the information given in the notification (letter of 15 February 2000) where it was stated that "As a result of environmental measures, the steelworks and hence the employment it provides, will be able to continue to operate alongside the existing social fabric, a particularly important factor given that the Piombino plant is located in a densely populated area". From this information the Commission can only conclude that the environmental investments were necessary for the company to be allowed to continue to do business and hence that the decisive reason for the investments was of an economic nature.
(29) In conclusion, as regards the primary reasons for the investments by Lucchini, Piombino, in the coking plant, the steel works and blast furnace, the Commission considers that the Italian authorities have not demonstrated, as required by the Annex to the Steel Aid Code, that a clear decision was taken to invest for environmental reasons. On the contrary, all facts tend to prove that the environmental investments were made as a condition or as a consequence of necessary production investments.
(30) As regards the obligation to limit the eligible costs to the additional investments necessary to go beyond the mandatory standards, the Italian authorities simply say that all the investments notified must be regarded as additional, because the undertaking could have continued to use the old environmental equipment. The Commission does not agree with this position. The investments made consist mainly in the replacement of existing equipment, as explained by the Italian authorities, when they say that the undertaking might have kept the old systems but opted to replace them with newer, more environmentally efficient ones. Given that the undertaking must, in any case, operate with environmental equipment that ensures compliance with mandatory standards, the hypothetical cost of such equipment, if it exists, must be deducted from the cost of the one it opted for and that provided for a higher standard. The cost of the old equipment cannot be taken into account because its remaining life, even according to the Italian authorities, was already reduced to 25 %, which would mean in any case that 75 % of the equipment's life would be illegally subsidised. The Commission therefore concludes that the notified costs, concerning all the installations, do not relate solely to the extra costs necessary to ensure the additional environmental protection, as required by the Annex to the Steel Aid Code.
(31) As regards the possibility that the notified costs also relate to production equipment that is not eligible for environmental aid, Italy contests such a possibility only by stating that the notified costs has already been greatly reduced compared to the initial request submitted by the company. The Commission can only conclude that, as stated in its decision to initiate the procedure, most of the notified equipment has a direct use in production and, since no information was sent as to how to separate this equipment from the rest, it cannot accept that all the notified costs are eligible for environmental aid.
(32) The Commission accordingly concludes that the investment costs notified by the Italian authorities do not represent only costs related exclusively to environmental protection. The cost of equipment that can be used for production has not been deducted accordingly and in the single case where some deduction is made for the economic gains obtained from energy savings, the method used does not ensure that all the economic advantages have been excluded.
(33) Indeed, in calculating the cost advantages that the undertaking gets from the new fume extraction plant in the steel works, the Italian authorities insist on using the period of 6,66 years to deduct the cost savings obtained. The Commission cannot accept that the tax depreciation period used by the Italian authorities in the present case will ensure that all the economic advantages are excluded. Italy gives no justification on that score but only justifies the length of its depreciation period as being in accordance with the law. The Steel Aid Code requires that all advantages be deducted. The Commission considers that this can only be ensured if the economic life of the equipment is used. When, according to the expert's report sent by the Italian authorities, the economic life of the equipment it replaced was 36 years, the tax depreciation period of 6,66 years can certainly not be used as a substitute for the life period of the equipment in question.
(34) As regards the inclusion of the depreciation costs questioned by the Commission, the Italian authorities reiterate that the calculation of the cost advantage obtained from the investment is made according to standard accountancy rules on production cost elements. The Commission does not however question what are the standard elements of production costs of an undertaking. What it cannot accept is that in the calculation of the financial advantage that an undertaking gets from entering into a given investment expenditure, the depreciation costs of the investment itself should be considered. As indicated in the decision to initiate the procedure, this in practice means counting the same investment cost twice and would ensure that such investment would always be eligible for aid. The objective is, on the contrary, to ensure that the company will not use for its own advantage investments subsidised for environmental protection. The Commission therefore concludes that, in calculating the cost advantage that the company gets from a given investment, the Italian authorities do not exclude all the advantages that the company gets from such investment.
(35) As regards the pollution levels obtained with the second notification of investments in the coking plant, the Italian authorities seem to agree with the Commission that they cannot be considered significant enough to be eligible for aid. They consider however that they should be seen in conjunction with the investments in the first notification and that only the final results should be considered for comparison. However, the Italian authorities did not notify the second part of the investments as an addendum to the first notification, one notification having been made in March and the other in November 1999. And to justify the environmental improvement to be attained with the investments notified in November the Italian authorities considered as departing pollution levels the ones that had been obtained as a result of the investments notified in March. This means that such levels were already reached. Any investment to improve on the environment has to be considered in relation to the existing levels of pollution and not in relation to earlier ones. The Commission therefore concludes that the investments notified in September for the coking plant at Lucchini, Piombino, do not bring about a significant improvement in environment protection, as required by the Steel Aid Code, and that for that reason they are not eligible for environmental aid from the outset.
Siderpotenza SpA
(36) As regards the investments made in the fume suction plant and the afterburners system, the Commission accepts that the applicable ceiling is not the usual 30 %, but the regional aid ceiling of 50 %. Indeed, the environmental guidelines provide for the possibility of investments made by undertakings located in assisted areas to improve significantly on mandatory standards up to the prevailing rate of regional aid authorised by the Commission for the area (point 3.2.3B second paragraph) and this bonus is not prohibited by the Annex to the Steel Aid Code.
(37) Considering that the investments are not production related and that the aid represents only half of the authorised ceiling, the Commission considers that its initial doubts regarding the aid to these investments have been lifted. It accepts that the aid notified for these two projects fulfils the requirements set out in the Steel Aid Code for environmental aid.
(38) As regards the investment for the rolling mill, the Commission takes note that it did not serve the purposes of improving health and safety conditions. However, the Italian authorities have not demonstrated that such investment was not primarily made for economic reasons. The fact that the overall productivity of the plant is not improved because the gains obtained at a certain point of the production chain are limited because of the existence of bottlenecks at other points, does not prove that the investments are not made for economic/production reasons. On the other hand, no information is given on the improved levels of pollution that the investment is supposed to have achieved. Any improvement appears to be an indirect result of the investment and not the decisive reason for it to have been carried out. The Commission therefore concludes that the investments are not eligible for environmental aid because the conditions set out in the Annex to the Steel Aid Code are not fulfilled.
Conclusion
(39) The aid notified by Italy for Lucchini SpA in the coking plant, the steel works and the blast furnace, of ITL 13,5 billion is not eligible for environmental aid because the Italian authorities failed to demonstrate that the investments were not made for economic reasons. In any case, when assessed in the light of the detailed criteria, the notified aid does not meet the various requirements, for several reasons as already assessed in detail. The notified costs do not refer only to the extra costs necessary for the additional improvement in environmental protection, not all cost advantages have been deducted and, in some cases, the reduction in pollution levels does not allow such improvement to be considered "significant". The aid is accordingly incompatible with the common market and may not be implemented.
(40) The aid notified by Italy for Siderpotenza SpA of ITL 203,2 million, in so far as it concerns investment in the rolling mill totalling ITL 910 million, is not eligible for environmental aid because the Italian authorities did not demonstrate that the investment was for environmental purposes. The aid is accordingly incompatible with the common market and may not be implemented.
(41) The aid notified for Siderpotenza SpA of ITL 1112 million, in so far as it concerns investment in the fume suction plant and in the afterburners system totalling ITL 4980 million is compatible with the common market,
HAS ADOPTED THIS DECISION:
Article 1
The State aid which Italy is planning to implement for Lucchini SpA, amounting to ITL 13,5 billion (EUR 6,98 million) and for Siderpotenza SpA amounting to ITL 203,2 million (EUR 104944) is incompatible with the common market.
The aid may accordingly not be implemented.
Article 2
The State aid which Italy notified for Siderpotenza SpA amounting to ITL 1112 million (EUR 574300) is compatible with the common market.
The aid may accordingly be implemented.
Article 3
Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
Article 4
This Decision is addressed to the Republic of Italy.
Done at Brussels, 21 December 2000.
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COMMISSION REGULATION (EEC) No 597/92 of 6 March 1992 concerning the classification of certain goods in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Regulation (EEC) No 3920/91 (2), and in particular Article 9,
Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
Whereas the nomenclature committee has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.
Article 2
This Regulation shall enter into force on the 21st day after 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 March 1992.
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COMMISSION DECISION of 6 March 1995 amending Decision 94/381/EC concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (Text with EEA relevance) (95/60/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), as last amended by Directive 92/118/EEC (2), and in particular Article 10 (4) thereof,
Whereas cases of bovine spongiform encephalopathy (BSE) have been reported in the United Kingdom and some other Member States; whereas scrapie is also known to exist in several Member States;
Whereas the origin of BSE in cattle is considered to be from ruminant protein which contained agents of animal spongiform encephopathies, which had not been sufficiently processed to inactivate the infectious agents; whereas the Scientific Veterinary Committee has stated that it is not possible at present to define processes which can guarantee total inactivation of the agents in the commercial rendering industry, in the light of recent studies;
Whereas, in order to protect ruminant species from the risk that methods for the processing of protein may not completely inactivate these agents, the Commission has adopted Decision 94/381/EC of 27 June 1994 concerning certain protection measures with regard to bovine spongiform encephalopathy and the feeding of mammalian derived protein (3);
Whereas, however, the BSE subgroup of the Scientific Veterinary Committee has evaluated the risk from certain animal products and by-products and has recommended that certain of these may be exempted from the provisions of Decision 94/381/EC;
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 following paragraph is added to Article 1 of Decision 94/381/EC:
'3. The prohibition mentioned in paragraph 1 shall not apply to:
- milk,
- gelatin,
- amino acids produced from hides and skins by a process which involves exposure of the material to a pH of 1 to 2 followed by a pH of 11 followed by heat treatment at 140 °C for 30 minutes at 3 bar,
- dicalcium phosphate derived from defatted bones,
- dried plasma and other blood products.'
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 March 1995.
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COMMISSION REGULATION (EC) No 767/94 of 6 April 1994 amending for the sixth time Regulation (EC) No 3088/93 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 Commission Regulation (EEC) No 1249/89 (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 market in pigmeat were adopted for that Member State in Commission Regulation (EC) No 3088/93 (3), as last amended by Regulation (EC) No 635/94 (4);
Whereas Commission Decision 94/27/EC (5) laying down veterinary restrictions is replaced from 24 March 1994 by Commission Decision 94/178/EC (6); whereas it is appropriate to provide this modification in Regulation (EC) No 3088/93;
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
Article 2 (1) of Regulation (EC) No 3088/93 is replaced by the following text:
'1. Only pigs, piglets and young piglets raised in the zone listed in Annex II to Decision 94/178/EC can be delivered, provided the veterinary provisions laid down in Article 1 (2) of that Decision are applicable in the zone on the day of delivery of the animals.'
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 as from 24 March 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 April 1994.
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COUNCIL DECISION
of 14 June 2004
on the principles, priorities and conditions contained in the European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999
(2004/520/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European partnerships in the framework of the stabilisation and association process (1) and in particular to Article 2 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Thessaloniki European Council of 19 and 20 June 2003 endorsed the ‘Thessaloniki Agenda for the western Balkans: moving towards European integration’ where the drawing up of European partnerships is mentioned as one of the means to intensify the stabilisation and association process.
(2)
Regulation (EC) No 533/2004 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities and conditions to be contained in the European partnerships, as well as any subsequent adjustments. It also states that the follow up of the implementation of the European partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably the Annual Reports.
(3)
The 2004 Commission’s Annual Report presents an analysis of the preparations of Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 for further integration into the European Union and identifies a number of priority areas for further work.
(4)
In order to prepare for further integration into the European Union, the competent authorities in Serbia and Montenegro should develop a plan with a timetable and details in terms of measures Serbia and Montenegro intends to take to this end. As Kosovo is at present under international interim administration pursuant to United Nations Security Council Resolution 1244, a separate plan addressing the priorities concerning Kosovo should be developed under the authority of the United Nations Interim Administration in Kosovo,
HAS DECIDED AS FOLLOWS:
Article 1
In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 are set out in the annex hereto, which forms an integral part of this Decision.
Article 2
The implementation of the European Partnership shall be examined through the mechanisms established under the Stabilisation and Association process.
Article 3
This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.
Done at Luxembourg, 14 June 2004.
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COMMISSION REGULATION (EC) No 2200/1999
of 15 October 1999
fixing the maximum compensatory aid resulting from the rates for the conversion of the euro into national currency units and the exchange rates applicable on 1 August 1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro(1), and in particular Article 5 thereof,
Having regard to Council Regulation (EC) No 2800/98 of 15 December 1998 on transitional measures to be applied under the common agricultural policy with a view to the introduction of the euro(2), and in particular Article 3 thereof,
(1) Whereas Article 3(1) of Regulation (EC) No 2800/98 provides that compensatory aid is to be paid where the conversion rate for the euro into national currency units or the exchange rate applicable on the date of the operative event is below the rate previously applicable; whereas, however, that provision does not apply to amounts to which a rate lower than the new rate applied in the 24 months preceding the new rate's entry into force;
(2) Whereas the conversion rate for the euro into national currency units applicable from 1 January 1999 is below the rate previously applicable for Belgium, France, Ireland, Italy, Luxembourg, Spain and Finland; whereas the exchange rates for the Danish krone, the Swedish krona and the pound sterling applicable on 1 August 1999, the date of the operative event, are below the rates previously applicable;
(3) Whereas the compensatory aid is to be granted on the terms set out in Regulation (EC) No 2799/98, Commission Regulation (EC) No 2808/98 of 22 December 1998 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture(3), as last amended by Regulation (EC) No 1410/1999(4), and Commission Regulation (EC) No 2813/98 of 22 December 1998 laying down detailed rules for applying the transitional measures for the introduction of the euro to the common agricultural policy(5);
(4) Whereas the amounts of compensatory aid are established in accordance with Articles 5 and 9 of Regulation (EC) No 2799/98, Article 10 of Regulation (EC) No 2808/98 and Article 4 of Regulation (EC) No 2813/98;
(5) Whereas the measures provided for in this Regulation are in accordance with the opinions of the Management Committees concerned,
HAS ADOPTED THIS REGULATION:
Article 1
The maximum amounts of the first tranche of compensatory aid to be granted as a result of the reduction recorded on the date of the operative event, 1 August 1999, in the conversion rates for the euro in force from 1 January 1999 in Belgium, France, Ireland, Italy, Luxembourg, Spain and Finland and in the exchange rates applicable on 1 August 1999 for the Danish krone, the Swedish krona and the pound sterling as against the agricultural conversion rates previously applicable shall be as set out in the Annex hereto.
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, 15 October 1999.
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*****
COUNCIL REGULATION (EEC) No 2246/89
of 24 July 1989
opening and providing for the administration of a Communiy tariff quota for Chinese cabbages originating in the Canary Islands (1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1391/87 of 18 May 1987 concerning certain adjustments to the arrangements applied to the Canary Islands (1), and in particular Articles 6 and 10 thereof,
Having regard to the proposal from the Commission,
Whereas Article 6 of Regulation (EEC) No 1391/87 provides for the opening of a Community tariff quota for imports into the Community of 100 tonnes of Chinese cabbages falling within CN code ex 0704 90 90, for the period 1 November to 31 December, originating in the Canary Islands;
Whereas, where the said product is imported into that part of Spain which is included in the customs territory of the Community, it qualifies for exemption from customs duties; whereas, where the said product is imported into Portugal, the quota duties applicable are to be calculated in accordance with the relevant provisions of the Act of Accession; whereas, where the said product is released for free circulation in the remainder of the customs territory of the Community, it qualifies for the progressive reduction of customs duties according to the same timetable and under the same conditions as those provided for in Article 75 of the Accession; whereas, to qualify for the tariff quotas, the product in question has to comply with certain marking and labelling conditions designed to prove its origin;
Whereas equal and continuos 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 Member States until the quota is exhausted; whereas, however, it should not be allocated among the Member States without prejudice to the drawing against the quota volumes of such quantities as they may need, under the conditions and according to the procedure mentioned in Article 3; whereas this method of administration requires close co-operation 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, 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 drawings made by that economic union, may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. (a) The customs duties applicable to imports into the Community of the following product originating in the Canary Islands shall be suspended at the level indicated and within the limits of the Community tariff quota, as shown below:
1.2.3.4.5 // // // // // // Order No // CN code // Description // Amount of quota (in tonnes) // Quota duty (%) // // // // // // // // // // // 09 0437 // ex 0704 90 90 // Chinese cabbages, from 1 November to 31 December 1989 // 100 // 9,5 // // // // //
(b) Where the said product is imported into that part of Spain and which is included in the customs territory of the Community, it shall qualify for exemption from customs duties.
(c) Within the limit of this tariff quota, the Portuguese Republic shall apply customs duties calculated according to the relevant provisions of the Act of Accession and the Regulations relating thereto.
2 (a) Without prejudice to the other provisions applicable as regards quality standards, the product covered by this Regulation cannot qualify under the tariff quota unless, when it is presented to the authorities responsible for the import formalities for the purposes of release into free circulation in the customs territory of the Community, it is presented in packaging which bears the words 'Canary Islands', or the equivalent thereof in another official Community language, in a clearly visible and perfectly legible form.
(b) The third and fourth subparagraphs of Article 9 of Council Regulation (EEC) Nr 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegtables (1), as last amended by Regulation (EEC) No 1119/89 (2), shall not apply to the product covered by this Regulation.
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 the 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 request 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
1. Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 3 enable imports to be charged without interruption against the Community quota.
2. Each Member State shall ensure that importers of the said product have free access to the quota for such times as the balance of the tariff quota so permits.
3. Member States shall charge imports of the said product against their drawings as and when such product is entered with the customs authorities under cover of declarations of entry into 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
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 November 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 1989.
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COMMISSION REGULATION (EC) No 1075/2008
of 31 October 2008
fixing the import duties in the cereals sector applicable from 1 November 2008
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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.
(3)
Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.
(4)
Import duties should be fixed for the period from 1 November 2008 and should apply until new import duties are fixed and enter into force.
(5)
However, in accordance with Commission Regulation (EC) No 608/2008 of 26 June 2008 temporarily suspending customs duties on imports of certain cereals for the 2008/2009 marketing year (3), the application of certain duties set by this Regulation is suspended,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 November 2008, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
Article 2
This Regulation shall enter into force on 1 November 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2008.
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COMMISSION REGULATION (EC) No 849/2006
of 8 June 2006
fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 1059/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 1059/2005 (2).
(2)
In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.
(3)
The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For tenders notified from 2 to 8 June 2006, pursuant to the invitation to tender issued in Regulation (EC) No 1059/2005, the maximum refund on exportation of common wheat shall be 6,00 EUR/t.
Article 2
This Regulation shall enter into force on 9 June 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 June 2006.
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COMMISSION REGULATION (EC) No 1326/2004
of 19 July 2004
fixing the final amount of aid for dried fodder for the 2003/2004 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 603/95 of 21 February 1995 on the common organisation of the market in dried fodder (1), and in particular Article 18 thereof,
Whereas:
(1)
Article 3(2) and (3) of Regulation (EC) No 603/95 fix the amounts of aid to be paid to processors for dehydrated fodder and sun-dried fodder produced during the 2003/2004 marketing year up to the maximum guaranteed quantities laid down in Article 4(1) and (3) of that Regulation.
(2)
The information forwarded to the Commission by the Member States under the second indent of Article 15(a) of Commission Regulation (EC) No 785/95 of 6 April 1995 laying down detailed rules for the application of Council Regulation (EC) No 603/95 on the common organisation of the market in dried fodder (2) indicates that the maximum guaranteed quantity for dried fodder has been exceeded, and that the maximum guaranteed quantity for sun-dried fodder has not been exceeded.
(3)
It should therefore be laid down that the aid provided for in Regulation (EC) No 603/95 for dried fodder should be reduced in accordance with Article 5 of that Regulation. The aid for sun-dried fodder should be paid to recipients in full.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Dried Fodder,
HAS ADOPTED THIS REGULATION:
Article 1
The aid for dehydrated fodder and sun-dried fodder provided for in Article 3(2) and (3) respectively of Regulation (EC) No 603/95 shall be paid as follows for the 2003/2004 marketing year:
a)
the amount of aid for dried fodder shall be reduced to 66,45 EUR per tonne in all the Member States;
b)
the aid for sun-dried fodder shall be paid in full.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 July 2004.
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*****
COMMISSION DECISION
of 24 November 1983
establishing that the apparatus described as 'Perkin Elmer - Scanning Auger Microprobe, model 590A' may be imported free of Common Customs Tariff duties
(83/592/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as last amended by Regulation (EEC) No 608/82 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 17 May 1983, Italy 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 'Perkin Elmer - Scanning Auger Microprobe, model 590A', ordered on 18 February 1981 and intended to be used for research on electronic properties and growth processes of silicides of transition metals used or intended to be used for VLSI integrated circuits, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 15 November 1983 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a spectrometer; whereas its objective technical characteristics, such as the sensibility of the spectroscopic analysis, and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose is not currently manufactured in the Community; whereas, therefore, duty-free admission of this apparatus is justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'Perkin Elmer - Scanning Auger Microprobe, model 590A', which is the subject of an application by Italy of 17 May 1983, may be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 24 November 1983.
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Commission Decision
of 3 December 2001
concerning a specific financial contribution by the Community relating to the surveillance programme of Campylobacter in broilers presented by Sweden
(notified under document number C(2001) 3820)
(Only the Swedish text is authentic)
(2001/866/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Decision 2001/572/EC(2) and, in particular, Article 19 and Article 20 thereof,
Whereas:
(1) The protection of human health against diseases and infections directly or indirectly transmissible from animals to man (zoonoses) is of paramount importance.
(2) The Community is currently in the process of reviewing its policy on the control and prevention of zoonoses.
(3) In this framework, the Scientific Committee on Veterinary Measures relating to Public Health was requested to express an opinion on the basis of zoonosis-control policies, where special attention should be paid to the assessment of risks related to zoonotic diseases causing major concern to public health.
(4) In its conclusions of the opinion of 12 April 2000, the Scientific Committee on Veterinary Measures relating to Public Health identified Salmonella and Campylobacter as the most important food-borne zoonoses currently, if referring to the number of reported human cases.
(5) It is recognised that a number of gaps exist in the knowledge of the epidemiology of Campylobacter as a food-borne zoonosis and the above opinion indicated in particular that the efficiency of establishing strict hygiene barriers at poultry farm level should be documented, and that the efficiency of procedures to lower the prevalence of Campylobacter at farm level needs further scrutiny.
(6) A surveillance programme for broilers operated by the Swedish poultry meat industry association started in 1991. The surveillance programme, which included sampling of slaughter groups at the abattoir and voluntary measures in farms, showed some success in reducing the prevalence of Campylobacter in the slaughter groups of broilers.
(7) The Swedish authorities presented on 31 May 2000, with a view to obtaining financial support from the Community, a multiannual national surveillance programme of Campylobacter in broilers, and a revised programme on 13 October 2000, to estimate the baseline prevalence both in primary production and in the food chain, and to progressively reinforce implementation of hygienic measures in farms with a view to lowering the prevalence at farm level and subsequently along the food chain. The programme started on 1 July 2001.
(8) The said programme can provide technical and scientific information potentially valuable for the development of Community veterinary legislation.
(9) In the light of the importance of Campylobacter as a zoonosis, it is useful to provide financial assistance for an appropriate period of time within a maximum of four years, to cover certain costs incurred by Sweden and to collect valuable technical and scientific information. For budgetary reasons, Community assistance is decided each year. By Commission Decision 2001/29/EC(3), the Community provided financial assistance for the second semester of the year 2001.
(10) The Swedish authorities presented on 31 May 2001 a programme for Community financial assistance during 2002, and a revised programme on 26 July 2001 and 19 October 2001. The financial assistance provided for the period 1 January 2002 to 31 December 2002 shall be up to a maximum of EUR 160000.
(11) Pursuant to Article 3(2) of Council Regulation (EC) No 1258/1999(4), veterinary and plant health measures undertaken in accordance with Community rules shall be financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund; for financial control purposes, Articles 8 and 9 of Regulation (EC) No 1258/1999 apply.
(12) A financial contribution from the Community shall be granted in so far as the actions provided for are effectively carried out and provided that the authorities furnish all the necessary information within the time limits provided for.
(13) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
1. The surveillance programme for Campylobacter in broilers presented by Sweden is hereby approved for a period of 12 months starting from 1 January 2002.
2. The financial assistance from the Community for the programme referred to in paragraph 1 shall be 50 % of the costs (VAT excluded) incurred by Sweden for laboratory testing, up to SEK 150 per test and up to a maximum of EUR 160000.
Article 2
The financial assistance referred to under Article 1(2) shall be granted to Sweden subject to:
(a) bringing into force by 1 January 2002 the laws, regulations and administrative provisions for implementing the programme;
(b) forwarding a report to the Commission by 1 July 2002 on the progress of the programme and the costs incurred. The report shall conform to the model as set out in the Annex;
(c) forwarding a final report by 31 March 2003 at the latest on the technical execution of the programme accompanied by justifying evidence as to the costs incurred and the results attained during the period 1 January to 31 December 2002;
(d) these reports providing substantive and valuable technical and scientific information corresponding to the purpose of the Community intervention;
(e) implementing the programme effectively;
and provided that Community veterinary legislation has been respected.
Article 3
This decision is addressed to Sweden.
It shall apply from 1 January 2002.
Done at Brussels, 3 December 2001.
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COMMISSION REGULATION (EC) No 3053/93 of 4 November 1993 fixing for the 1993/94 marketing year the reference price for clementines
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 638/93 (2), and in particular Article 27 (1) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), and in particular Article 9 (1) thereof,
Having regard to Commission Regulation (EEC) No 3824/92 of 28 December 1992 laying down the prices and amounts fixed in ecus to be amended as a result of the monetary realignments (4), as amended by Regulation (EEC) No 1663/93 (5), and in particular
Article 2
thereof,
Whereas Article 23 (1) of Regulation (EEC) No 1035/72 provides that reference prices for the whole Community are to be fixed each year before the beginning of the marketing year;
Whereas the importance of clementine production in the Community is such that a reference price must be fixed for that product;
Whereas the period during which clementines harvested during a given crop year are marketed extends from October to 15 May of the following year; whereas the quantities put on the market at the beginning and at the end of the marketing year represent only a relatively small percentage of that marketed over the whole marketing year; whereas the reference price should therefore be fixed only for the period running from 1 December to the last day of February of the following year;
Whereas the fixing of a single reference price valid for the whole marketing year appears to be the solution most suited to the particular nature of the Community market in the product in question;
Whereas Article 23 (2) (b) of Regulation (EEC) No 1035/72 stipulates that reference prices are to be fixed at the same level as for the preceding marketing year, adjusted, after deducting the amount referred to in paragraph 2 (a) of that Article and the standard cost of transporting Community products between production areas and Community consumption centres in the preceding year, by:
- the increase in production costs for fruit and vegetables, less productivity growth, and
- the amount referred to in paragraph 2 (a) of that Article,
- the standard rate of transport costs in the current marketing year;
Whereas the resulting figure may nevertheless not exceed the arithmetic mean of producer prices in each Member State, with regard to Article 23, of the amount referred to in paragraph 2 (a), plus transport costs for the current year, after this amount has been increased by the rise in production costs less productivity growth; whereas the reference price may, however, not be lower than in the preceding marketing year;
Whereas producer prices are to correspond to the average of the prices recorded on the representative market or markets situated in the production areas where prices are lowest, during the three years prior to the date on which the reference price is fixed, for a home-grown product with defined commercial characteristics, being a product or variety representing a substantial proportion of the production marketed over the year or over part thereof and satisfying specified requirements as regards market preparation; whereas, when the average of prices recorded on each representative market is being calculated, prices which could be considered excessively high or excessively low in relation to normal price fluctuations on that market are to be disregarded;
Whereas Article 1 of Commission Regulation (EEC) No 3820/92 of 28 December 1992 on transitional measures for the application of the agrimonetary arrangements laid down in Council Regulation (EEC) No 3813/92 (6) establishes a correspondence between the provisions of the agrimonetary arrangements applicable form 1 January 1993 and those applicable before that date;
Whereas Regulation (EEC) No 3824/92 establishes a list of prices and amounts for the fruit and vegetables sector which are to divided by a coefficient of 1,010495, fixed by Regulation (EEC) No 537/93 (7) amended by Regulation (EEC) No 1331/93 (8), as from the beginning of the 1993/94 marketing year; whereas Article 2 of Regulation (EEC) No 3824/92 lays down tht the resulting reduction in the prices and amounts for each sector concerned shall be specified and the level of such reduced prices fixed; whereas, however, this adjustment may not result in a reference price level below that of the preceding marketing year, in accordance with Article 23 (2) of Regulation (EEC) No 1035/72;
Whereas the measures provided for in this Regulation are in accordance with the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1993/94 marketing year, the reference price for fresh clementines (CN code ex 0805 20 10) expressed in ecus per 100 kilograms net of packed products of quality class I, of all sizes, shall, for the period 1 December 1993 to 28 February 1994, be: 59,57.
Article 2
This Regulation shall enter into force on 1 December 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 November 1993.
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Commission Regulation (EC) No 1373/2003
of 31 July 2003
fixing the export refunds on rice and broken rice and suspending the issue of export licences
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular the second subparagraph of Article 13(3) and (15) thereof,
Whereas:
(1) Article 13 of Regulation (EC) No 3072/95 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.
(2) Article 13(4) of Regulation (EC) No 3072/95, provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of rice and broken rice on the Community market on the one hand and prices for rice and broken rice on the world market on the other. The same Article provides that it is also important to ensure equilibrium and the natural development of prices and trade on the rice market and, furthermore, to take into account the economic aspect of the proposed exports and the need to avoid disturbances of the Community market with limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(3) Commission Regulation (EEC) No 1361/76(3) lays down the maximum percentage of broken rice allowed in rice for which an export refund is fixed and specifies the percentage by which that refund is to be reduced where the proportion of broken rice in the rice exported exceeds that maximum.
(4) Export possibilities exist for a quantity of 1000 tonnes of rice to certain destinations. The procedure laid down in Article 7(4) of Commission Regulation (EC) No 1162/95(4), as last amended by Regulation (EC) No 498/2003(5), should be used. Account should be taken of this when the refunds are fixed.
(5) Article 13(5) of Regulation (EC) No 3072/95 defines the specific criteria to be taken into account when the export refund on rice and broken rice is being calculated.
(6) The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(7) A separate refund should be fixed for packaged long grain rice to accommodate current demand for the product on certain markets.
(8) The refund must be fixed at least once a month; whereas it may be altered in the intervening period.
(9) It follows from applying these rules and criteria to the present situation on the market in rice and in particular to quotations or prices for rice and broken rice within the Community and on the world market, that the refund should be fixed as set out in the Annex hereto.
(10) For the purposes of administering the volume restrictions resulting from Community commitments in the context of the WTO, the issue of export licences with advance fixing of the refund should be restricted.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1 of Regulation (EC) No 3072/95 with the exception of those listed in paragraph 1(c) of that Article, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
With the exception of the quantity of 1000 tonnes provided for in the Annex, the issue of export licences with advance fixing of the refund is suspended.
Article 3
This Regulation shall enter into force on 1 August 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 2003.
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COMMISSION DECISION of 7 April 1993 amending the boundaries of the less-favoured areas in the Netherlands within the meaning of Council Directive 75/268/EEC (Only the Dutch text is authentic)
(93/240/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Regulation (EEC) No 797/85 (2), and in particular Article 2 (3) thereof,
Whereas Council Directive 75/275/EEC of 28 April 1975 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (3), as last amended by Directive 92/93/EEC (4), specifies the areas of the Netherlands included in the Community list of less-favoured areas within the meaning of Article 3 (5) of Directive 75/268/EEC;
Whereas the Netherlands Government has requested, in accordance with Article 2 (1) of Directive 75/268/EEC, a more accurate and coherent definition of the less-favoured areas listed in the Annex to Directive 92/93/EEC;
Whereas the new definition of the areas within the meaning of Article 3 (5) of Directive 75/268/EEC already included in the list does not amend the boundaries of those areas which comply with the criteria and figures, including the special criteria, laid down in Directives 75/275/EEC and 92/93/EEC;
Whereas the series of amendments requested by the Netherlands Government pursuant to Article 2 (3) of Directive 75/268/EEC does not involve an increase in the total utilized agricultural area of the less-favoured areas of 110 915 hectares given in the Annex to Directive 92/93/EEC and does therefore not effect the limit laid down in the said Article;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development,
HAS ADOPTED THIS DECISION:
Article 1
The list of less-favoured areas in the Netherlands given in the Annex to Directive 92/93/EEC is hereby replaced by the Annex hereto.
Article 2
This Directive is addressed to the Kingdom of the Netherlands.
Done at Brussels, 7 April 1993.
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COMMISSION DECISION of 2 July 1992 amending Council Decision 79/542/EEC as regards Slovenia and Croatia (92/376/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from third countries (1), as last amended by Council Regulation (EEC) No 3763/91 (2), and in particular Article 3 thereof,
Whereas by Council Decision 79/542/EEC (3), as last amended by Commission Decision 92/245/EEC (4), a list of third countries from which Member States authorize imports of bovine and porcine animals, Equidae, fresh meat and meat products has been established;
Whereas following a Community veterinary mission it appears that the animal health situation and the structure of the veterinary services of Slovenia and Croatia are satisfactory and the competent veterinary authorities provided the necessary guarantees; whereas it is therefore possible to take into account those countries in relation to imports of bovine and porcine animals, fresh meat and meat products and the list in the Annex of Decision 79/542/EEC must be amended accordingly;
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 of Decision 79/542/EEC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to Member States. Done at Brussels, 2 July 1992.
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COMMISSION REGULATION (EC) No 270/2006
of 16 February 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 17 February 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2006.
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COMMISSION REGULATION (EU) No 1240/2009
of 16 December 2009
amending Regulation (EC) No 428/2008 determining the intervention centres for cereals
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (‘Single CMO’ Regulation) (1), and in particular Article 41 in conjunction with Article 4 thereof,
Whereas:
(1)
Estonia and Romania have requested amendments relating to some of the intervention centres listed in Annex I to Commission Regulation (EC) No 428/2008 (2) with a view to improving their location or responding better to the conditions required. Their requests should be granted.
(2)
Regulation (EC) No 428/2008 should be amended accordingly.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 428/2008 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2009.
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Commission Regulation (EC) No 152/2004
of 28 January 2004
on the issue of import licences for rice against applications submitted during the first 10 working days of January 2004 pursuant to Regulation (EC) No 327/98
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of concessions set out in Schedule CXL drawn up in the wake of the conclusion of GATT XXIV.6 negotiations(1),
Having regard to Council Decision 96/317/EC of 13 May 1996 concerning the conclusion of the results of consultations with Thailand under GATT Article XXIII(2),
Having regard to Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice(3), as last amended by Regulation (EC) No 2458/2001(4), and in particular Article 5(2) thereof,
Whereas:
Examination of the quantities for which applications have been submitted under the January 2004 tranche shows that licences should be issued for the quantities applied for, reduced, where appropriate, by the percentages not covered and fixing the quantities carried over to the subsequent tranche,
HAS ADOPTED THIS REGULATION:
Article 1
1. Import licences for rice against applications submitted during the first 10 working days of January 2004 pursuant to Regulation (EC) No 327/98 and notified to the Commission shall be issued for the quantities applied for, reduced, where appropriate, by the percentages set out in the Annex hereto.
2. The available quantities carried over to the subsequent tranche are set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 January 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 January 2004.
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Council Directive 2002/89/EC
of 28 November 2002
amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas:
(1) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(4) sets out the Community plant health regime, specifying the phytosanitary conditions, procedures and formalities to which plants and plant products are subjected when introduced into, or moved within, the Community.
(2) With respect to the procedures and formalities, to which plants and plant products are subjected when introduced in the Community, certain clarifications should be provided and further detailed provisions are required in certain areas.
(3) The phytosanitary procedures and formalities should be completed before customs clearance takes place. Since consignments of plants or plant products do not necessarily undergo phytosanitary procedures and formalities in the same Member State as that in which customs clearance takes place, a system of cooperation in communication and information among the responsible official bodies and the customs offices should be established.
(4) In order to improve the protection against the introduction into the Community of organisms harmful to plants or plant products, Member States should intensify the checks required. Those checks should be effective and carried out in a harmonised manner throughout the Community.
(5) The fees charged for such checks should be based on a transparent cost calculation and aligned in all Member States as much as possible.
(6) In the light of experience, several other provisions of Directive 2000/29/EC should be completed, clarified or amended in the light of developments.
(7) Since the implementation of the conditions of the internal market, phytosanitary certificates as established in the International Plant Protection Convention (IPPC) of the Food and Agriculture Organisation (FAO) are no longer used for the marketing of plants or plant products within the Community. It is however important to keep standardised certificates issued by Member States under the IPPC.
(8) Some of the functions of the "single authority" of each Member State for coordination and contact in the practical operations of the Community plant health regime require specific scientific or technical knowledge. It must therefore be made possible, to delegate specific tasks to another service.
(9) The current provisions on the procedure for the amendment of the Annexes of Directive 2000/29/EC by the Commission and for the adoption of derogation decisions include some procedural conditions which are no longer necessary or justified. It is also necessary to base amendments to the Annexes, more explicitly, on a technical justification consistent with the pest risk involved. The procedure for the adoption of emergency measures does not provide the possibility for a rapid adoption of interim measures consistent with the level of emergency in specific cases. The provisions on these three procedures should therefore be amended accordingly.
(10) The list of tasks in respect of which the Commission may organise plant health checks under its authority, should be extended, to take into account the widening of the field of plant health activities through new practices and experiences.
(11) It is appropriate to clarify certain aspects of the procedure for the refunding of the Community Phytosanitary contribution.
(12) Some provisions of Directive 2000/29/EC (first, second and fourth subparagraphs of Article 3(7)), as well as Articles 7, 8 and 9 have been superseded by other provisions since 1 June 1993, and have therefore become redundant since then. They should consequently be deleted.
(13) Under Article 4 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), the Community must recognise, under certain conditions, the equivalence of phytosanitary measures of other Parties to that Agreement. The procedures for such recognition in the field of plant health should be specified in Directive 2000/29/EC.
(14) The measures necessary for the implementation of Directive 2000/29/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(5),
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 2000/29/EC is hereby amended as follows:
1. Article 1 shall be amended as follows:
(a) in the second subparagraph of paragraph 1, the following point shall be added:
"(d) the model of 'Phytosanitary Certificates' and 'phytosanitary certificates for Re-export' or their electronic equivalent issued by Member States under the International Plant Protection Convention (IPPC).";
(b) Paragraph 4 shall be replaced by the following:
"(4) The Member States shall ensure a close, rapid, immediate and effective cooperation between themselves and the Commission in relation to matters covered by this Directive. To this end, each Member State shall establish or designate a single authority, which shall be responsible, at least, for the coordination and contact in relation to such matters. The official plant protection organisation set up under the IPPC shall preferably be designated for this purpose.
This authority and any subsequent change shall be notified to the other Member States and to the Commission.
In accordance with the procedure referred to in Article 18(2) the single authority may be authorised to assign or delegate tasks of coordination or contact, insofar as they relate to distinct plant health matters covered by this Directive, to another service.";
2. Article 2(1) shall be amended as follows:
(a) point (a) shall be amended as follows:
(i) the first subparagraph shall be replaced by the following:
"plants shall be considered to mean: living plants and specified living parts thereof, including seeds;"
(ii) The second subparagraph shall be amended as follows:
- the following seventh indent shall be inserted after the sixth indent:
"- leaves, foliage,"
- the existing seventh indent shall become the eight indent,
- the following ninth indent shall be added:
"- live pollen"
- the following tenth indent shall be added:
"- bud-wood, cuttings, scions"
- the following eleventh indent shall be added:
"- any other part of plants, which may be specified in accordance with the procedure referred to in Article 18(2).";
(b) point (e) shall be replaced by the following:
"(e) harmful organisms shall be considered to mean: any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products";
(c) in point (f), third subparagraph, the terms "Article 8" shall be replaced by "Article 18(2)";
(d) point (g), shall be amended as follows:
(i) In the first subparagraph, in point (i), the word "services(s)" shall be replaced by the word "organisation(s)".
(ii) The fifth subparagraph shall be replaced by the following:"The single authority referred to in Article 1(4) shall inform the Commission of the responsible official bodies in the Member State concerned. The Commission shall forward that information to the other Member States.";
(e) in point (h), third subparagraph, in the second sentence and in the fifth subparagraph, the words "in writing" shall be inserted between the words "notified" and "to the Commission";
(f) in point (i), first subparagraph, the first indent shall be replaced by the following:
"- by representatives of the official national plant protection organisation of a third country or, under their responsibility, by other public officers who are technically qualified and duly authorised by that official national plant protection organisation, in the case of statements or measures related to the issuing of the phytosanitary certificates and phytosanitary certificates for re-exports, or their electronic equivalent";
(g) the following points shall be added:
"(j) point of entry shall be considered to mean: the place where plants, plant products or other objects are brought for the first time into the customs territory of the Community: the airport in the case of air transport, the port in the case of maritime or fluvial transport, the station in the case of railway transport, and the place of the customs office responsible for the area where the Community inland frontier is crossed, in the case of any other transport;
(k) official body of point of entry shall be considered to mean: the responsible official body in a Member State in charge of the point of entry;
(l) official body of destination shall be considered to mean: the responsible official body in a Member State in charge of the area where the 'customs office of destination' is situated;
(m) customs office of point of entry shall be considered to mean: the office of the point of entry as defined in (j) above;
(n) customs office of destination shall be considered to mean: the office of destination within the meaning of Article 340b(3) of Commission Regulation (EEC) No 2454/93(6);
(o) lot shall be considered to mean: a number of units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment;
(p) consignment shall be considered to mean: A quantity of goods being covered by a single document required for customs formalities or for other formalities, such as a single phytosanitary certificate or a single alternative document or mark; a consignment may be composed of one or more lots;
(q) customs-approved treatment or use shall be considered to mean: the customs-approved treatments or uses referred to in point 15 of Article 4 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(7) (hereafter referred to as the Community Customs Code);
(r) transit shall be considered to mean: the movement of goods which are subject to customs supervision from one point to another within the customs territory of the Community as referred to in Article 91 of Regulation (EEC) No 2913/92.";
3. Article 3 shall be amended as follows:
(a) paragraph 3 shall be replaced by the following:
"3. Paragraphs 1 and 2 shall not apply in accordance with conditions which may be determined in accordance with the procedure referred to in Article 18(2), in the case of slight contamination of plants other than those intended for planting by harmful organisms listed in Annex I, Part A, or in Annex II, Part A, or in the case of appropriate tolerances established for harmful organisms listed in Annex II, Part A, Section II as regards plants intended for planting which have previously been selected in agreement with the authorities representing the Member States in the field of plant health, and based on a relevant pest risk analysis.";
(b) paragraph 7 shall be replaced by the following paragraphs 7, 8 and 9:
"7. In accordance with the procedure referred to in Article 18(2), implementing provisions may be adopted to lay down conditions for the introduction into the Member States and the spread within the Member States of:
(a) organisms which are suspected of being harmful to plants or plant products but are not listed in Annexes I and II;
(b) organisms, which are listed in Annex II, but which occur on plants or plant products other than those listed in that Annex, and which are suspected of being harmful to plants or plant products;
(c) organisms, which are listed in Annexes I and II, which are in an isolated state and which are considered to be harmful in that state to plants or plant products.
8. Paragraphs 1 and 5(a) and paragraph 2 and 5(b) and paragraph 4 shall not apply, in accordance with the conditions which shall be determined pursuant to the procedure referred to in Article 18(2), for trial or scientific purposes and for work on varietal selections.
9. After the measures provided for in paragraph 7 have been adopted, that paragraph shall not apply, in accordance with the conditions which shall be determined pursuant to the procedure referred to in Article 18(2), for trial or scientific purposes and for work on varietal selections.";
4. Articles 7, 8 and 9 shall be deleted;
5. Article 10 shall be amended as follows:
(a) paragraph 1 shall be amended as follows:
(i) in the first subparagraph, the words "instead of the phytosanitary certificates referred to in Articles 7 or 8" shall be deleted;
(ii) the following subparagraph shall be inserted after the first subparagraph:"However, in the case of seeds mentioned in Article 6(4), a plant passport need not be issued, where it is ensured in accordance with the procedure referred to in Article 18(2) that the documents issued in accordance with the Community provisions applicable to the marketing of officially certified seed provide evidence for the compliance with the requirements referred to in Article 6(4). In such case, the documents shall be considered for all purposes to be plant passports within the meaning of Article 2(1)(f).";
(b) in paragraph 2, in the first subparagraph, before the words "may not be moved" and in the second subparagraph, before the words "may not be introduced" the words "and seeds mentioned in Article 6(4)" shall be inserted;
6. In Article 11(2), the following shall be added at the end of the paragraph:"and a plant passport may be used."
7. Article 12 shall be replaced by the following:
"Article 12
1. Member States shall organise official checks to ensure compliance with the provisions of this Directive, in particular with Article 10(2), which shall be carried out at random and without any discrimination in respect of the origin of the plants, plant products or other objects, and in accordance with the following provisions:
- occasional checks, at any time and at any place where plants, plant products or other objects are moved,
- occasional checks on premises where plants, plant products or other objects are grown, produced, stored or offered for sale, as well as on the premises of purchasers,
- occasional checks at the same time as any other documentary check, which is carried out for reasons other than plant health.
The checks must be regular in premises listed in an official register in accordance with Article 10(3) and Article 13c(1b), and may be regular in premises listed in an official register in accordance with Article 6(6).
The checks must be targeted if facts have come to light to suggest that one or more provisions of this Directive have not been complied with.
2. Commercial purchasers of plants, plant products or other objects shall, as final users professionally engaged in plant production, retain the related plant passports for at least one year and enter the references in their records.
Inspectors shall have access to the plants, plant products or other objects at all stages in the production and marketing chain. They shall be entitled to make any investigation necessary for the official checks concerned, including those related to the plant passports and the records.
3. The Member States may be assisted in the official checks by the experts referred to in Article 21.
4. Where it is established, through the official checks carried out in accordance with paragraphs 1 and 2, that plants, plant products or other objects present a risk of spreading harmful organisms, they shall be the subject of official measures in accordance with Article 11(3).
Without prejudice to the notifications and information required under Article 16, Member States shall ensure, where the plants, plant products or other objects concerned come from another Member State, that the single authority of the receiving Member State informs immediately the single authority of that Member State and the Commission of the findings and of the official measures which it intends to take or has taken. In accordance with the procedure referred to in Article 18(2), a standardised information system may be set up.";
8. Article 13 shall be replaced by the following Articles 13, 13a, 13b, 13c, 13d and 13e:
"Article 13
1. Member States shall ensure, without prejudice to:
- the provisions of Article 3(3),13b(1), (2), (3), (4) and (5),
- the specific requirements and conditions laid down in derogations adopted pursuant to Article 15(1), in equivalency measures adopted pursuant to Article 15(2), or in emergency measures adopted pursuant to Article 16, and
- specific agreements concluded on matters dealt with in this Article between the Community and one or more third countries,
that plants, plant products or other objects, listed in Annex V, Part B, which come from a third country and are brought into the customs territory of the Community, shall, from the time of their entry, be subject to customs supervision pursuant to Article 37(1) of the Community Customs Code and also to supervision by the responsible official bodies. They may only be placed under one of the customs procedures as specified in Article 4(16)(a), (d), (e), (f), (g) of the Community Customs Code, if the formalities as specified in Article 13a have been completed in accordance with the provisions of Article 13c(2), such as to conclude, as a result of these formalities and as far as can be determined:
(i) - that the plants, plant products or other objects are not contaminated by harmful organisms listed in Annex I, Part A, and
- in the case of plants or plant products listed in Annex II, Part A, that they are not contaminated by the relevant harmful organisms listed in that Annex, and
- in the case of plants, plant products or other objects listed in Annex IV, Part A, that they comply with the relevant special requirements indicated in that Annex, or, where applicable, with the option declared in the certificate pursuant to Article 13a(4)(b), and
(ii) that the plants, plant products or other objects are accompanied by the respective original of the required official 'phytosanitary certificate' or 'phytosanitary certificate for re-export' issued in accordance with the provisions laid down in Article 13a(3) and (4), or, where relevant, that the original of alternative documents or marks as specified and permitted in implementing provisions accompany, or are attached to, or otherwise put on, the object concerned.
Electronic certification may be recognised, provided that the respective conditions specified in implementing provisions are met.
Officially certified copies may also be recognised in exceptional cases which shall be specified in implementing provisions.
The implementing provisions referred to in (ii) above may be adopted in accordance with the procedure referred to in Article 18(2).
2. Paragraph 1 shall apply, in cases of plants, plant products or other objects intended for a protected zone, in respect of harmful organisms and of special requirements listed in Annex I, Part B, Annex II, Part B and Annex IV, Part B respectively, for that protected zone.
3. Member States shall provide that plants, plant products or objects other than those referred to in paragraph 1 or 2, which come from a third country and are brought into the customs territory of the Community, may, from the time of their entry, be subject to supervision by the responsible official bodies, in respect of the first, second or third indent of paragraph 1(i). These plants, plant products or objects include wood in the form of dunnage, spacers, pallets or packing material, which are actually in use in the transport of objects of all kinds.
Where the responsible official body makes use of that faculty, the plants, plant products or objects concerned shall remain under the supervision referred to in paragraph 1, until the relevant formalities have been completed such as to conclude, as a result for these formalities and as far as can be determined, that they comply with the relevant requirements laid down in or under this Directive.
Implementing provisions as regards type of information and the means of transmission thereof to be supplied by importers, or their customs representatives, to the responsible official bodies, as regards the plants, plant products or objects including the different types of wood, as referred to in the first subparagraph, shall be adopted in accordance with the procedure referred to in Article 18(2).
4. Without prejudice to Article 13c(2)(a) Member States shall, if there is a risk of spread of harmful organisms, also apply paragraphs 1, 2 and 3 to plants, plant products or other objects being placed under one of the customs-approved treatments or uses as specified in Article 4(15)(b), (c), (d), (e) of the Community Customs Code or under the Customs procedures as specified in Article 4(16)(b), (c) of that Code.
Article 13a
1. (a) The formalities referred to in Article 13(1) shall consist of meticulous inspections by the responsible official bodies on at least:
(i) each consignment declared, under the customs formalities, to consist of or to contain plants, plant products or other objects, referred to in Article 13(1), (2) or (3) under the respective conditions, or
(ii) in the case of a consignment which is composed of different lots, each lot declared, under the customs formalities, to consist of, or to contain, such plants, plant products or other objects.
(b) The inspections shall determine whether:
(i) the consignment or lot is accompanied by the required certificates, alternative documents or marks, as specified in Article 13(1)(ii) (documentary checks),
(ii) in its entirety or on one or more representative samples, the consignment or lot consists of, or contains the plants, plant products or other objects, as declared on the required documents (identity checks), and
(iii) in its entirety or on one or more representative samples, including the packaging and, where appropriate, the transport vehicles, the consignment or lot or their wood packing material comply with the requirements laid down in this Directive, as specified in Article 13(1)(i) (plant health checks), and whether Article 16(2) applies.
2. The identity checks and plant health checks shall be carried out at reduced frequency, if:
- activities of inspection on plants, plant products or other objects in the consignment or lot were already carried out in the consignor third country under technical arrangements referred to in Article 13b(6), or
- the plants, plant products or other objects in the consignment or lot are listed in the implementing provisions adopted for this purpose pursuant to paragraph 5(b), or
- the plants, plant products or other objects in the consignment or lot came from a third country for which in or under comprehensive international phytosanitary agreements based on the principle of reciprocal treatment between the Community and a third country, provision for a reduced frequency of identity and plant health checks is mentioned,
unless there is a serious reason to believe that the requirements laid down in this Directive are not complied with.
The plant health checks may also be carried out at reduced frequency, if there is evidence, collated by the Commission and based on experience gained from earlier introduction of such material of the same origin into the Community as confirmed by all Member States concerned, and after consultation within the Committee referred to in Article 18, to believe that the plants, plant products or other objects in the consignment or lot comply with the requirements laid down in this Directive, provided that the detailed conditions specified in implementing provisions pursuant to paragraph 5(c) are met.
3. The official 'phytosanitary certificate' or 'phytosanitary certificate for re-export' referred to in Article 13(1)(ii) shall have been issued in at least one of the official languages of the Community and in accordance with the laws or regulations of the third country of export or re-export which have been adopted, whether a contracting party or not, in compliance with the provisions of the IPPC. It shall be addressed to the 'Plant Protection Organisations of the Member States of the European Community' as referred to in Article 1(4), first subparagraph, last sentence.
The certificate shall not have been made out more than 14 days before the date on which the plants, plant products or other objects covered by it have left the third country in which it was issued.
It shall contain information in accordance with the models specified in the Annex to the IPPC, irrespective of its format.
It shall be in one of the models determined by the Commission pursuant to paragraph 4. The certificate shall have been issued by authorities empowered to this effect on the basis of laws or regulations of the third country concerned, as submitted, in accordance with the provisions of the IPPC, to the Director General of FAO, or, in the case of third countries non-party to the IPPC, to the Commission. The Commission shall inform the Member States of the submissions received.
4. (a) In accordance with the procedure referred to in Article 18(2), the acceptable models as specified in the different versions of the Annex to the IPPC shall be determined. In accordance with the same procedure, alternative specifications for the 'phytosanitary certificates' or 'phytosanitary certificates for re-export' may be laid down for third countries non-party to the IPPC.
(b) Without prejudice to Article 15(4), the certificates, in the case of plants, plant products or other objects listed in Annex IV Part A section I or Part B, shall specify, under the heading 'Additional Declaration' and where relevant, which special requirement out of those listed as alternatives in the relevant position in the different parts of Annex IV have been complied with. This specification shall be given through reference to the relevant position in Annex IV.
(c) In the case of plants, plant products or other objects, to which special requirements laid down in Annex IV, Part A, or Part B apply, the official 'phytosanitary certificate' referred to in Article 13(1)(ii) shall have been issued in the third country in which the plants, plant products or other objects originate (country of origin).
(d) However, in the case where the relevant special requirements can be fulfilled also at places other than that of origin, or where no special requirement applies, the 'phytosanitary certificate' may have been issued in the third country where the plants, plant products or other objects come from (consignor country).
5. In accordance with the procedure referred to in Article 18(2), implementing provisions may be adopted to:
(a) lay down procedures for the carrying out of plant health checks referred to in paragraph 1(b), point (iii), including minimum numbers and minimum sizes of samples,
(b) establish lists of plants, plant products or other objects on which plant health checks shall be carried out at reduced frequency pursuant to paragraph 2, first subparagraph, second indent,
(c) specify the detailed conditions for the evidence referred to in paragraph 2, second subparagraph, and the criteria for the type and level of reduction of the plant health checks.
The Commission may include guidelines in respect of paragraph 2 in the recommendations referred to in Article 21(6).
Article 13b
1. Member States shall ensure that consignments or lots which come from a third country, but are not declared, under the customs formalities, to consist of, or to contain plants, plant products or other objects listed in Annex V, Part B are also inspected by the responsible official bodies, where there is serious reason to believe that such plants, plant products or other objects are present.
Member States shall ensure that whenever a customs inspection reveals that a consignment or lot coming from a third country consists of or contains non-declared plants, plant products or other objects listed in Annex V, Part B, the inspecting customs office shall immediately inform the official body of its Member State, under the cooperation referred to in Article 13c(4).
If, at the outcome of the inspection by the responsible official bodies, doubts remain in respect of the identity of the commodity, in particular concerning the genus or species of plants or plant products or their origin, the consignment shall be considered to contain plants, plant products or other objects as listed in Annex V, Part B.
2. Provided that there is no risk of harmful organisms spreading in the Community:
(a) Article 13(1) shall not apply to the entry, into the Community, of plants, plant products or other objects which are moved from one point to another within the Community passing through the territory of a third country without any change in their customs status (internal transit),
(b) Article 13(1) and Article 4(1) shall not apply to the entry, into the Community, of plants, plant products or other objects which are moved from one point to another within one or two third countries passing through the territory of the Community under appropriate customs procedures without any change in their customs status.
3. Without prejudice to the provisions of Article 4 in respect of Annex III, and provided that there is no risk of harmful organisms spreading in the Community, Article 13(1) need not apply to the entry, into the Community, of small quantities of plants, plant products, foodstuffs or animal feedingstuffs as far as they relate to plants or plant products,where they are intended for use by the owner or recipient for non-industrial and non-commercial purposes, or for consumption during transport.
In accordance with the procedure referred to in Article 18(2) detailed rules may be adopted specifying the conditions for the implementation of this provision, including the determination of 'small quantities'.
4. Article 13(1) shall not apply, under specified conditions, to the entry, into the Community, of plants, plant products or other objects for use in trials, for scientific purposes or for work on varietal selections. The specified conditions shall be determined in accordance with the procedure referred to in Article 18(2).
5. Provided that there is no risk of harmful organisms spreading in the Community, a Member State may adopt a derogation that Article 13(1) shall not apply in specified individual cases to plants, plant products or other objects which are grown, produced or used in its immediate frontier zone with a third country and introduced into that Member State in order to be worked in nearby locations in the frontier zone of its territory.
When granting such a derogation, the Member State shall specify the location and the name of the person working it. Such details, which shall be updated regularly, shall be made available to the Commission
Plants, plant products and other objects which form the subject of a derogation under the first subparagraph shall be accompanied by documentary evidence of the location in the relevant third country from which the said plants, plant products and other objects originate.
6. It may be agreed, in technical arrangements made between the Commission and the competent bodies in certain third countries and approved in accordance with the procedure referred to in Article 18(2), that activities referred to in Article 13(1)(i) may also be carried out under the authority of the Commission and in accordance with the relevant provisions of Article 21 in the consignor third country, in cooperation with the official plant protection organisation of that country.
Article 13c
1. (a) The formalities as specified in Article 13a(1), the inspections as provided for in Article 13b(1) and the checks for compliance with the provisions of Article 4 in respect of Annex III shall be carried out in connection with, as specified in paragraph 2, the formalities required for the placing under a customs procedure as referred to in Article 13(1) or Article 13(4).
They shall be carried out in compliance with the provisions of the International Convention on the Harmonisation of Frontier Controls of Goods, in particular Annex 4 thereof, as approved by Council Regulation (EEC) No 1262/84(8).
(b) Member States shall provide that importers, whether or not producers, of plants, plant products or other objects, listed in Annex V, Part B, must be included in an official register of a Member State under an official registration number. The provisions of Article 6(5), third and fourth subparagraphs, shall apply accordingly to such importers.
(c) Member States shall also provide that:
(i) importers, or their customs representatives, of consignments consisting of, or containing, plants, plant products or other objects, listed in Annex V, Part B, shall make reference, on at least one of the documents required for the placing under a customs procedure as referred to in Article 13(1) or Article 13(4) to such composition of the consignment by means of the following information:
- reference to the type of plants, plant products or other objects, in using the code of the 'Integrated tariff of the European Communities (Taric)',
- statement 'This consignment contains produce of phytosanitary relevance', or any equivalent alternative mark as agreed between the customs office of point of entry and the official body of point of entry,
- reference number(s) of the required phytosanitary documentation,
- official registration number of the importer, as referred to in (b) above;
(ii) airport authorities, harbour authorities or either importers or operators, as arranged between them, give, as soon as they are aware of the imminent arrival of such consignments, advance notice thereof to the customs office of point of entry and to the official body of point of entry.
Member States may apply this provision, mutatis mutandis, to cases of land transport, in particular where the arrival is expected outside normal working hours of the relevant official body or other office as specified in paragraph 2.
2. (a) 'Documentary checks' and also the inspections as provided for in Article 13b(1) and the checks for compliance with the provisions of Article 4 in respect of Annex III must be made by the official body of point of entry or, in agreement between the responsible official body and the customs authorities of that Member State, by the customs office of point of entry.
(b) 'Identity checks' and 'plant health checks' must be made, without prejudice to (c) and (d) below, by the official body of point of entry in connection with the customs formalities required for placing under a customs procedure as referred to in Article 13(1) or Article 13(4), and either at the same place as these formalities, on the premises of the official body of point of entry or at any other place close by and designated or approved by the customs authorities and by the responsible official body, other than the place of destination as specified under (d).
(c) However, in case of transit of non-Community goods, the official body of point of entry may decide, in agreement with the official body or bodies of destination, that all or part of the 'identity checks' or 'plant health checks' shall be made by the official body of destination, either on its premises or at any other place close by and designated or approved by the customs authorities and by the responsible official body, other than the place of destination as specified under (d). If no such agreement is made, the entire 'identity check' or 'plant health check' shall be made by the official body of the point of entry at either of the places specified in (b).
(d) In accordance with the procedure referred to in Article 18(2), certain cases or circumstances may be specified in which 'identity checks' and 'plant health checks' may be carried out at the place of destination, such as a place of production, approved by the official body and customs authorities responsible for the area where that place of destination is located, instead of the aforesaid other places, provided that specific guarantees and documents as regards the transport of plants, plant products and other objects are complied with.
(e) In accordance with the procedure referred to in Article 18(2), implementing provisions shall be laid down concerning:
- the minimum conditions for the carrying out of the 'plant health checks' under (b), (c) and (d),
- the specific guarantees and documents as regards the transport of the plants, plant products or other objects to the places specified in (c) and (d), to ensure that there is no risk of harmful organisms spreading during transport,
- together with the specification of cases under (d), specific guarantees and minimum conditions concerning the qualification of the place of destination for storage and concerning the storage conditions.
(f) In all cases, the plant 'health checks' shall be considered to be an integral part of the formalities referred to in Article 13(1).
3. Member States shall lay down that the respective original, or the electronic form of the certificates or of the alternative documents other than marks, as specified in Article 13(1)(ii), which is produced to the responsible official body for 'documentary checks' in accordance with the provisions of Article 13a(1)(b)(i), upon inspection shall be marked with a 'visa' of that body, together with its denomination and the date of presentation of the document.
In accordance with the procedure referred to in Article 18(2), a standardised system may be set up to ensure that information included in the certificate, in case of specified plants intended for planting, shall be forwarded to the official body in charge of each Member State or area where plants from the consignment are to be destined or planted.
4. The Member States shall forward to the Commission and the other Member States in writing the list of places designated as points of entry. Any changes to this list shall also be forwarded in writing without delay.
The Member States shall establish a list of the places as specified under 2(b) and 2(c) and places of destinations as identified under 2(d) under their respective responsibility. These lists shall be accessible to the Commission.
Each official body of point of entry, and each official body of destination carrying out identity or plant health checks, must satisfy certain minimum conditions in respect of infrastructure, staffing and equipment.
In accordance with the procedure referred to in Article 18(2), the aforesaid minimum conditions shall be laid down in implementing provisions.
In accordance with the same procedure, detailed rules shall be laid down concerning:
(a) the type of documents required for the placing under a customs procedure, on which the information specified in paragraph 1(c)(i) shall be made,
(b) the cooperation between:
(i) the official body of point of entry and the official body of destination,
(ii) the official body of point of entry and the customs office of point of entry,
(iii) the official body of destination and the customs office of destination, and
(iv) the official body of point of entry and the customs office of destination.
Those rules shall include model forms of documents to be used in that cooperation, the means of transmission of these documents, the procedures for exchange of information between the official bodies and offices above, as well as the measures which must be taken to maintain the identity of the lots and consignments and to safeguard against the risk of spreading harmful organisms, in particular during transport, until the completion of the required customs formalities.
5. There shall be a Community financial contribution to Member States in order to strengthen inspection infrastructures in so far as they relate to plant health checks carried out in accordance with paragraph 2(b) or (c).
The purpose of this contribution shall be to improve the provision, at inspection posts other than those at the place of destination, of the equipment and the facilities required to carry out inspection and examination and, where necessary, to carry out the measures provided for in paragraph 7, beyond the level already achieved by complying with the minimum conditions stipulated in the implementing provisions pursuant to paragraph 2(e).
The Commission shall propose the entry of suitable appropriations for that purpose in the general budget of the European Union.
Within the limits set by the appropriations available for these purposes, the Community contribution shall cover up to 50 % of expenditure relating directly to improving equipment and facilities.
Detailed rules concerning the Community financial contribution shall be laid down in an implementing Regulation adopted in accordance with the procedure referred to in Article 18(2).
The allocation and the amount of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 18(2), in the light of the information and documents submitted by the Member State concerned and, where appropriate, of the results of investigations carried out under the Commission's authority by the experts referred to in Article 21, and depending on the appropriations available for the purposes concerned.
6. Article 10(1) and (3) shall apply mutatis mutandis to plants, plant products or other objects referred to in Article 13 insofar as they are listed in Annex V, Part A, and where it is considered, on the basis of the formalities referred to in Article 13(1), that the conditions laid down therein are fulfilled.
7. Where it is not considered on the basis of the formalities referred to in Article 13(1), that the conditions laid down therein are fulfilled, one or more of the following official measures shall be taken immediately:
(a) refusal of entry into the Community of all or part of the consignment,
(b) movement, under official supervision, in accordance with the appropriate customs procedure, during their movement within the Community, to a destination outside the Community,
(c) removal of infected/infested produce from the consignment,
(d) destruction,
(e) imposition of a quarantine period until the results of the examinations or official tests are available,
(f) exceptionally and only in specific circumstances, appropriate treatment where it is considered by the responsible official body of the Member State that, as a result of the treatment, the conditions will be fulfilled and the risk of spreading harmful organisms is obviated; the measure of appropriate treatment may also be taken in respect of harmful organisms not listed in Annex I or Annex II.
Article 11(3), second subparagraph, shall apply mutatis mutandis.
In the case of a refusal referred to in (a) or movement to a destination outside the Community referred to in (b) or of a removal referred to in (c), the Member States shall lay down that the phytosanitary certificates or the phytosanitary certificates for re-export, and any other document which have been produced when the plants, plant products or other objects were submitted for introduction into their territory, be cancelled by the responsible official body. Upon cancellation, the said certificates or documents shall bear on their face and in a prominent position a triangular stamp in red, marked 'certificate cancelled' or 'document cancelled' from the said official body, together with its denomination and the date of refusal, of the start of the movement to a destination outside the Community or of removal. It shall be in capital letters, and in at least one of the official languages, of the Community.
8. Without prejudice to the notifications and information required under Article 16, Member States shall ensure that the responsible official bodies inform the plant protection organisation of the third country of origin or consignor third country and the Commission of all cases where plants, plant products or other objects coming from the relevant third country have been intercepted as not complying with the plant health requirements, and the reasons of the interception, without prejudice to the action which the Member State may take or has taken in respect of the intercepted consignment. The information shall be given as soon as possible so that the plant protection organisations concerned and, where appropriate, also the Commission, may study the case with a view, in particular, to taking the steps necessary to prevent further occurrences similar to the intercepted one. In accordance with the procedure referred to in Article 18(2), a standardised information system may be set up.
Article 13d
1. Member States shall ensure the collection of fees (Phytosanitary fee) to cover the costs occasioned by the documentary checks, identity checks and plant health checks provided for in Article 13a(1), which are carried out pursuant to Article 13. The level of the fee shall reflect:
(a) the salaries, including social security, of the inspectors involved in the above checks;
(b) the office, other facilities, tools and equipment for these inspectors;
(c) the sampling for visual inspection or for laboratory testing;
(d) laboratory testing;
(e) the administrative activities (including operational overheads) required for carrying out the checks concerned effectively, which may include the expenditure required for pre- and in-service training of inspectors.
2. Member States may either set the level of the Phytosanitary fee on the basis of a detailed cost calculation carried out in accordance with paragraph 1, or apply the standard fee as specified in Annex VIIIa.
When, pursuant to Article 13a(2), for a certain group of plants, plant products or other objects originating in certain third countries, identity checks and plant health checks are being carried out at reduced frequency, Member States shall collect a proportionally reduced Phytosanitary fee from all consignments and lots of that group, whether subjected to inspection or not.
In accordance with the procedure referred to in Article 18(2), implementing measures may be adopted to specify the level of this reduced Phytosanitary fee.
3. When the Phytosanitary fee is set by a Member State on the basis of the costs borne by the responsible official body of that Member State, the Member States concerned shall communicate to the Commission reports specifying the method for calculating the fees in relation to the elements listed in paragraph 1.
Any fee imposed in accordance with the first subparagraph shall be no higher than the actual cost borne by the responsible official body of the Member State.
4. No direct or indirect refund of the fees provided for in this Directive shall be permitted. However the possible application by a Member State of the standard fee as specified in Annex VIIIa shall not be considered an indirect refund.
5. The standard fee as specified in Annex VIIIa is without prejudice to extra charges to cover additional costs incurred in special activities relating to the checks, such as exceptional travelling by inspectors or waiting periods of inspectors due to delays in the arrival of consignments out of schedule, checks carried out outside normal working hours, supplementary checks or laboratory testing required in addition to those provided for in Article 13 for confirmation of conclusions drawn from the checks, special phytosanitary measures as required under Community acts based on Articles 15 or 16, measures taken pursuant to Article 13c(7), or the translation of required documents.
6. Member States shall designate the authorities empowered to charge the Phytosanitary fee. The fee shall be payable by the importer, or his customs representatives.
7. The Phytosanitary fee shall replace all other charges or fees levied in the Member States at national, regional or local level for the checks referred to in paragraph 1, and the attestation thereof.
Article 13e
'Phytosanitary certificates' and 'phytosanitary certificates for re-export', which Member States issue under the IPPC shall be in the format of the standardised model given in Annex VII".
9. In Article 14, the second subparagraph shall be amended as follows:
(a) the terms "Article 17" shall be replaced by the terms "Article 18(2)";
(b) in point (c), the words "in agreement with the Member State concerned" shall be replaced by "in consultation with the Member State concerned";
(c) point (d) shall be replaced by the following: "(d) any amendment to the Annexes to be made in the light of developments in scientific or technical knowledge, or when technically justified, consistent with the pest risk involved";
(d) the following point (e) shall be added:
"(e) 'amendments to Annex VIIIa'.".
10. Article 15 shall be amended as follows:
(a) in paragraph 1, the introduction to, and the first two indents of the first subparagraph shall be replaced by the following:
"1. In accordance with the procedure referred to in Article 18(2), derogations may be provided for:
- from Article 4(1) and (2) with regard to Annex III, Part A and Part B, without prejudice to the provisions of Article 4(5), and from Article 5(1) and (2) and the third indent of Article 13(1)(i) with regard to requirements referred to in Annex IV, Part A, Section I and Annex IV, Part B,
- from Article 13(1)(ii) in the case of wood, if equivalent safeguards are ensured by means of alternative documentation or marking,"
(b) paragraphs 2 and 3 shall be replaced by the following paragraphs 2, 3 and 4:
"2. In accordance with the procedures referred to in the first subparagraph of paragraph 1, phytosanitary measures adopted by a third country for export into the Community shall be recognised as equivalent to the phytosanitary measures laid down in this Directive, in particular to those specified in Annex IV, if that third country objectively demonstrates to the Community that its measures achieve the Community's appropriate level of phytosanitary protection and if this is confirmed by the conclusions resulting from findings made on the occasion of reasonable access of the experts referred to in Article 21 for inspection, testing and other relevant procedures in the relevant third country.
Upon request by a third country, the Commission will enter into consultations with the aim of achieving bilateral or multilateral agreements on recognition of the equivalence of specified phytosanitary measures.
3. Decisions providing for derogations pursuant to the first subparagraph of paragraph 1 or recognition of equivalence pursuant to paragraph 2, shall require that compliance with the conditions laid down therein has been officially established in writing by the exporting country for each individual case of use, and shall set out the details of the official statement confirming compliance.
4. Decisions referred to in paragraph 3 shall specify whether or in what manner Member States shall inform the other Member States and the Commission of each individual case of use or groups of cases of use.";
11. Article 16 shall be amended as follows:
(a) in paragraph 1, in the first sentence of the first subparagraph, the words "in writing" shall be inserted between the words "notify and" the "Commission";
(b) in paragraph 2, in the first sentence of the first and third subparagraphs, the words "in writing" shall be inserted between the words "notify" and "the Commission";
(c) in paragraph 3, in the third sentence, the words "based on a pest risk analysis or a preliminary pest risk analysis in cases referred to in paragraph 2" shall be inserted between "measures" and "may be adopted", and the terms "Article 19" shall be replaced by "Article 18(2)";
(d) the following paragraph 5 shall be added:
"5. If the Commission has not been informed of measures taken under paragraphs 1 or 2, or if it considers the measures taken to be inadequate, it may, pending the meeting of the Standing Committee on Plant Health, take interim protective measures based on a preliminary pest risk analysis to eradicate, or if that is not possible, inhibit the spread of the harmful organism concerned. These measures shall be submitted to the Standing Committee on Plant Health as soon as possible to be confirmed, amended or cancelled in accordance with the procedure referred to in Article 18(2).";
12. Article 17 shall be deleted;
13. Article 18 shall be replaced by the following:
"Article 18
1. The Commission shall be assisted by the Standing Committee on Plant Health instituted by Council Decision 76/894/EEC(9) hereafter referred to as 'the Committee'.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.";
14. Article 19 shall be deleted;
15. Article 21 shall be amended as follows:
(a) paragraph 3 shall be replaced by the following:
"3. The checks referred to in paragraph 1 may be carried out in respect of the following tasks:
- monitoring examinations pursuant to Article 6,
- carrying out the official checks pursuant to Article 12(3),
- monitoring or, within the framework of the provisions laid down in the fifth subparagraph of paragraph 5, carrying out in cooperation with the Member States inspections pursuant to Article 13(1),
- carrying out or monitoring the activities specified in the technical arrangements referred to in Article 13b(6),
- making the investigations referred to in Article 15(1), 15(2) and Article 16(3),
- monitoring activities required under the provisions establishing the conditions under which certain harmful organisms, plants, plant products or other objects may be introduced into, or moved within, the Community or certain protected zones thereof, for trial or scientific purposes or for work on varietal selection referred to in Articles 3(9), 4(5), 5(5) and 13b(4),
- monitoring activities required under authorisations granted pursuant to Article 15, under measures taken by Member States pursuant to Article 16(1) or (2), or under measures adopted pursuant to Article 16(3) or (5),
- assisting the Commission in the matters referred to in paragraph 6,
- carrying out any other duty assigned to the experts in the detailed rules referred to in paragraph 7,";
(b) in paragraph 5, in the second subparagraph, the following sentence shall be added after the third sentence:"This provision shall not apply to expenses resulting from the following types of requests made on the occasion of the participation of the said experts in the Member States' import inspections: laboratory testing and sampling for visual inspection or for laboratory testing, and already covered by the fees referred to in Article 13d.";
16. In Article 24(3), the following subparagraph shall be added:"The amounts to be refunded under paragraph 3 shall be fixed in accordance with the procedure referred to in Article 18(2).";
17. In Articles 25 and 26, the respective references to "Article 13(9)" shall be replaced by "Article 13c(5).";
18. In Annex VII, Part B shall be amended as follows:
(a) The title shall be replaced by the following:
"B. Model phytosanitary certificate for re-export".
(b) In box 2 of the model certificate, the words "REFORWARDING PHYTOSANITARY CERTIFICATE" shall be replaced by "PHYTOSANITARY CERTIFICATE FOR RE-EXPORT".
19. The following Annex VIIIa shall be inserted in the Directive after Annex VIII:
"ANNEX VIIIa
The standard fee referred to in Article 13d(2) shall be set at the following levels:
TABLE
Where a consignment does not consist exclusively of products coming under the description of the relevant indent, those parts thereof consisting of products coming under the description of the relevant indent (lot or lots) shall be treated as separate consignment."
20. When in any provision other than those amended in paragraph 1 to 18 reference is made to "in accordance with the procedure laid down in Article 17" or to "in accordance with the procedure laid down in Article 18", these words shall be replaced by the words "in accordance with the procedure referred to in Article 18(2)."
Article 2
Member States shall adopt and publish before 1 January 2005, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 January 2005.
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. The methods of making such a reference shall be laid down by the Member States.
Member States shall communicate to the Commission the text of the main provisions of national law, which they adopt in the field governed by this Directive.
Article 3
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 28 November 2002.
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*****
COUNCIL REGULATION (EEC) No 3765/87
of 14 December 1987
fixing the Community producer price for tuna intended for the canning industry for the 1988 fishing year
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (1), as amended by the 1985 Act of Accession and in particular Article 17 (5) thereof,
Having regard to the proposal from the Commission,
Whereas Article 17 (4) of Regulation (EEC) No 3796/81 provides that a Community producer price shall be fixed for tuna intended for the canning industry;
Whereas, on the basis of the criteria laid down in Article 17 (4) of the abovementioned Regulation, the price for the 1988 fishing year should be decreased,
HAS ADOPTED THIS REGULATION:
Article 1
The Community producer price for the fishing year 1 January to 31 December 1988 for tuna for the canning industry and the category to which it relates are hereby fixed as follows:
(ECU/tonne)
1.2.3 // // // // Product // Commercial specifications // Community producer price // // // // Yellowfin // Whole, weighing more than 10 kg each // 1 278 // // //
Article 2
This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 1987.
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COUNCIL DIRECTIVE
of 19 December 1991
setting up an Insurance Committee
(91/675/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the third sentence of Article 57 (2) thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the Council shall confer on the Commission powers for the implementation of the rules which the Council lays down;
Whereas implementing measures are necessary for the application of Council directives on non-life insurance and life assurance; whereas, in particular, technical adaptations may from time to time be necessary to take account of developments in the insurance sector; whereas it is appropriate that these measures shall be taken in accordance with the procedure laid down in Article 2, procedure III, variant (b), of Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission (4);
Whereas it is necessary for this purpose to set up an Insurance Committee;
Whereas the establishment of an Insurance Committee does not rule out other forms of cooperation between authorities which supervise the taking up and pursuit of the business of insurance undertakings, and in particular cooperation within the Conference on Insurance Supervisory Authorities, which is in particular competent for the drafting of protocols implementing Community directives; whereas close cooperation between the Committee and the Conference would be particularly useful;
Whereas the examination of problems arising in non-life insurance and life assurance makes cooperation desirable between the competent authorities and the Commission; whereas it is appropriate to confer this task on the Insurance Committee; whereas it should furthermore be ensured that there is smooth coordination of the activities of this Committee with those of other committees of a similar nature set up by Community acts,
HAS ADOPTED THIS REGULATION:
Article 1
1. The Commission shall be assisted by a committee called the 'Insurance Committee`, hereinafter referred to as the 'Committee`, composed of representatives of Member States and chaired by the representative of the Commission.
2. The Committee shall adopt its own rules of procedure.
Article 2
1. Where the Council, in the acts which it adopts in the field of direct non-life insurance and direct life assurance, confers on the Commission powers for the implementation of the rules which it lays down, the procedure set out in paragraph 2 shall apply.
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 the measures envisaged if they are in accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Commission has decided against the said measures by a simple majority.
Article 3
1. The Committee shall examine any question relating to the application of Community provisions concerning the insurance sector, and in particular Directives on direct insurance.
The Commission may also consult the Committee on new proposals it intends to submit to the Council as regards further coordination in the sphere of direct life assurance and direct non-life insurance.
2. The Committee shall not consider specific problems relating to individual insurance undertakings.
Article 4
The Committee shall assume its functions on 1 January 1992.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 19 December 1991.
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COUNCIL DECISION of 17 March 1997 authorizing the Federal Republic of Germany and the French Republic to apply a measure derogating from Article 3 of the Sixth Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes (97/189/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 27 (1) of the Sixth Directive, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from that Directive, in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion and avoidance;
Whereas, by letters officially received by the Commission on 13 August and 11 September 1996, the Federal Republic of Germany and the French Republic have requested authorization to introduce a special measure concerning the construction and maintenance of a cross-frontier road bridge over the Rhine between Altenheim, situated on French territory, and Eschau, situated on German territory;
Whereas, in accordance with Article 27 (3) of the Sixth Directive, the other Member States were informed on 10 October 1996 of the requests for authorization received from the Federal Republic of Germany and the French Republic;
Whereas, for supplies of goods and services, for intra-Community acquisitions and for imports of goods intended for the construction or maintenance of the bridge, the purpose of the special measure is to regard the entire site until acceptance of the bridge and the frontier bridge as from its acceptance and for ten years thereafter as being on French territory;
Whereas, in the absence of a special measure, for each supply of goods and services used for the construction and maintenance of the bridge in question, it would be necessary to ascertain whether the place of taxation was the Federal Republic of Germany or the French Republic; whereas, therefore, such taxation arrangements would in practice be very complicated for the contractors in charge of the works concerned;
Whereas the purpose of this derogation is to simplify the procedure for charging the tax on the construction and maintenance of the bridge in question;
Whereas this derogation will not affect the amount of tax due at the final consumption state and will not therefore have an adverse effect on the European Communities' own resources arising from value added tax,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from Article 3 of Directive 77/388/EEC, the Federal Republic of Germany and the French Republic are hereby authorized, in respect of the supplies of goods or services, intra-Community acquisitions and imports of goods intended for the construction or maintenance of the road bridge over the Rhine, between Altenheim, situated on French territory, and Eschau, situated on German territory, to regard:
- the whole of the construction site as being on French territory until acceptance of the bridge,
- the frontier bridge as being on French territory as from its acceptance and for 10 years thereafter.
Article 2
This Decision is addressed to the Federal Republic of Germany and the French Republic.
Done at Brussels, 17 March 1997.
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COUNCIL REGULATION (EEC) No 2453/81 on the application of Decision No 3/81 of the EEC - Austria Joint Committee adding to and amending Lists A and B annexed to 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 an Agreement between the European Economic Community and the Republic of Austria (1) was signed on 22 July 1972 and entered into force on 1 January 1973;
(1) OJ No L 300, 31.12.1972, p. 2.
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 above Agreement, the Joint Committee has adopted Decision No 3/81 adding to and amending Lists A and B annexed to that Protocol;
Whereas it is necessary to apply that Decision in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 3/81 of the EEC - Austria 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, 27 July 1981.
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COMMISSION REGULATION (EC) No 751/2004
of 22 April 2004
setting certain operative events for the exchange rate for 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to take account of their accession 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, and in particular Article 2(3) thereof,
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)
In order to take account of the principle that the operative event for the exchange rate is fixed as the first day of the period for which certain aid is granted, the operative event for 2004 for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, hereinafter called ‘the new Member States’, should be fixed as the date of their accession to the European Union for the purposes of the support schemes for which the operative event for the exchange rate falls on 1 January.
(2)
It is therefore appropriate to derogate for 2004 from those provisions of Commission Regulation (EC) No 2808/98 of 22 December 1998 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture (1), Commission Regulation (EC) No 2342/1999 of 28 October 1999 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes (2), and Commission Regulation (EC) No 2550/2001 of 21 December 2001 laying down detailed rules for the application of Council Regulation (EC) No 2529/2001 on the common organisation of the market in sheepmeat and goat meat as regards premium schemes and amending Regulation (EC) No 2419/2001 (3) which concern the exchange rate in the beef and veal, sheepmeat and goat meat and energy crop sectors and for structural and environmental measures. The operative event for the exchange rate to be used in the new Member States for the purposes of those support schemes should be set as the date of entry into force of the 2003 Treaty of Accession. Accordingly, the exchange rate must be fixed by the Commission on the basis of the average pro rata temporis of the rates applicable during the month preceding the said date of entry into force.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the relevant Management Committees,
HAS ADOPTED THIS REGULATION:
Article 1
As an exception to Article 4(1) and (2) of Regulation (EC) No 2808/98, Article 43 of Regulation (EC) No 2342/1999 and Article 18a of Regulation (EC) No 2550/2001, the operative event of the exchange rate in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia for 2004 shall be the date of entry into force of the 2003 Treaty of Accession for the purposes of converting the following amounts into national currency:
(a)
the amounts of a structural or environmental nature referred to in Article 4(2) of Regulation (EC) No 2808/98,
(b)
the amounts of the premiums and payments in the beef and veal sector provided for in Articles 4, 5, 6, 11, 13 and 14 of Council Regulation (EC) No 1254/1999 (4),
(c)
the amounts of the premiums and payments in the sheepmeat and goat meat sector provided for in Articles 4, 5 and 11 of Council Regulation (EC) No 2529/2001 (5),
(d)
the aid for energy crops provided for in Chapter 5 of Title IV of Council Regulation (EC) No 1782/2003 (6).
The exchange rate to be used shall correspond to the average pro rata temporis of the rates applicable during the calendar month preceding the date of entry into force of the 2003 Treaty of Accession and shall be fixed by the Commission during the following month.
Article 2
This Regulation shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 April 2004.
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COMMISSION DECISION
of 27 January 2005
laying down special conditions for imports of fishery products from El Salvador
(notified under document number C(2004) 4613)
(Text with EEA relevance)
(2005/74/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(1) thereof,
Whereas:
(1)
An inspection has been carried out on behalf of the Commission in El Salvador to verify the conditions under which fishery products are produced, stored and dispatched to the Community.
(2)
The requirements in the legislation of El Salvador on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC.
(3)
In particular, the ‘Dirección General de Sanidad Vegetal y Animal del Ministerio de Agricultura y Ganandería (DGSVA)’, is capable of effectively verifying the implementation of the rules in force.
(4)
The DGSVA has provided official assurances on compliance with the standards for health controls and monitoring of fishery products as set out in Chapter V of the Annex to Directive 91/493/EEC and on the fulfilment of hygienic requirements equivalent to those laid down by that Directive.
(5)
It is appropriate to lay down detailed provisions concerning fishery products imported into the Community from El Salvador, in accordance with Directive 91/493/EEC.
(6)
It is also necessary to draw up a list of approved establishments, factory vessels, or cold stores, and a list of freezer vessels equipped in accordance with the requirements of Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC (2). Those lists should be drawn up on the basis of a communication from the DGSVA to the Commission.
(7)
It is appropriate for this Decision to be applied 45 days after its publication providing for the necessary transitional period.
(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 ‘Dirección General de Sanidad Vegetal y Animal del Ministerio de Agricultura y Ganandería (DGSVA)’, shall be the competent authority in El Salvador identified for the purposes of verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.
Article 2
Fishery products imported into the Community from El Salvador shall meet the requirements set out in Articles 3, 4 and 5.
Article 3
1. Each consignment shall be accompanied by a numbered original health certificate in accordance with the model set out in Annex I and comprising a single sheet, duly completed, signed and dated.
2. The health certificate shall be drawn up in at least one official language of the Member State where the checks are carried out.
3. The health certificate shall bear the name, capacity and signature of the representative of the DGSVA, and the latter’s official stamp in a colour different from that of the endorsements.
Article 4
The fishery products shall come from approved establishments, factory vessels, or cold stores, or from registered freezer vessels listed in Annex II.
Article 5
All packages shall bear the words ‘EL SALVADOR’ and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters, except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods.
Article 6
This Decision shall apply from 17 March 2005.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 27 January 2005.
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Council Regulation (EC) No 5/2001
of 19 December 2000
amending Regulation (EEC) No 1907/90 on certain marketing standards for eggs
THE COUNCIL OF THE EUROPEAN UNION,
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), and in particular Article 2(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Regulation (EEC) No 1907/90(2) lays down certain marketing standards for eggs.
(2) The method by which hens are farmed has become one of the major factors for consumers when purchasing eggs. The Commission has undertaken to propose an amendment of the marketing standards and to make it compulsory to indicate the farming method on eggs and packs so that consumers are not liable to be misled. To that end, clear and unambiguous compulsory labelling is the only way of ensuring that the consumer is able to make an informed choice between the various classes of egg on the basis of the farming method. Appropriate compulsory labelling is in line with the wishes expressed by consumers and consumer organisations.
(3) To supplement consumer information, labelling may also indicate how the hens are fed.
(4) It is necessary for compulsory labelling to apply to all eggs sold in the European Union and purchased by consumers outside the place of production, whether they are produced in the European Community or come from third countries. However, in the case of eggs produced in third countries, indication of the farming method may be replaced by the indication "farming method not specified" and by an indication of origin if third country procedures do not offer sufficient guarantees as to equivalence with the technical rules and standards applicable to Community procedures; this will guarantee that such eggs can be distinguished from those labelled by indicating the production method and will make subsequent labelling with misleading indications unfeasible.
(5) Second quality or preserved eggs, Class B, account for only a minor part of the European Community market. Most of the trade is geared to supplying consumers with top-quality, Class A, eggs. The classification of eggs should, therefore, be simplified and the current Classes B and C (eggs intended for industry) should be amalgamated in a new Class B and the sale of such eggs should be exclusively for processing purposes.
(6) No later than six months before the introduction of the compulsory indication of the farming method on eggs and packs, the Commission should submit a report, accompanied by suitable proposals taking account of the report's conclusions, on developments in the area of food hygiene rules, particularly as regards washed eggs, and on the outcome of World Trade Organisation negotiations,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1907/90 is hereby amended as follows:
1. in Article 6(1):
(a) the third indent shall be deleted;
(b) the second indent shall be replaced by the following:
"- class B or 'second quality or downgraded eggs intended for food industry undertakings approved in accordance with Directive 89/437/EEC and the non-food industry'.";
2. Article 7 shall be replaced by the following:
"Article 7
1. (a) A code designating the producer's distinguishing number and permitting the farming method to be identified shall be stamped on class A eggs.
(b) The Commission shall evaluate the labelling methods in force in exporting third countries. If it finds that the procedures applied offer sufficient guarantees as to equivalence with the technical rules and Community standards applicable, eggs imported from the countries concerned may be given a distinguishing code as mentioned in (a). If that is not the case, however, imported eggs shall be given a distinguishing code enabling the unspecified nature of the farming method and the country of origin to be identified.
(c) The Commission shall, where necessary, negotiate with those countries to arrive at appropriate ways of offering guarantees of compliance with labelling standards equivalent to Community procedures.
(d) Use of these indications shall be governed by conditions to be determined in accordance with the procedure laid down in Article 20.
2. One or more of the following distinguishing marks may be stamped on class A eggs:
(a) the date of minimum durability ('best before' date);
(b) one or more further dates aimed at providing the consumer with additional information;
(c) the quality grading;
(d) the weight grading;
(e) the packing centre number;
(f) the name or business name of the packing centre;
(g) the trade name or trade mark;
(h) an indication of the origin of the eggs.
The indications provided for in (f) and (g) shall be used only in accordance with the relevant conditions laid down in the second clause of the sentence which constitutes Article 10(1)(a).
The indications provided for in (b) and (h) shall be used only in accordance with the relevant conditions laid down in Article 10(3).
Class A eggs may bear particulars of how laying hens are fed. These particulars shall be used only in accordance with the relevant conditions laid down in Article 10(3).";
3. Article 8 shall be replaced by the following:
"Article 8
1. Class B eggs, except for cracked eggs, shall bear a distinguishing mark showing their quality grading. They may also bear one or more of the indications listed in Article 7.
2. Class A eggs which no longer have the characteristics fixed for that grade shall be downgraded to class B.
In such a case, they shall bear a distinguishing mark in accordance with paragraph 1. Any marks which may have been used in accordance either with Article 7 or with paragraph 1 of this Article may be retained, except for those concerning weight grading, which shall be altered if appropriate.
3. However, by way of derogation from paragraph 2, class A eggs which no longer have the characteristics fixed for that class may be delivered directly to food industry undertakings approved in accordance with Directive 89/437/EEC or the non-food industry, without the markings referred to in paragraph 2, provided that their packs are always clearly marked to show this destination.";
4. Article 10 is hereby amended as follows:
(a) in paragraph 1, points (e) and (f) shall be replaced by the following:
"(e) the date of minimum durability ('best before' date) followed by appropriate storage recommendations for class A eggs, and the packing date for class B eggs;
(f) particulars as to refrigeration or to the method of preservation, in uncoded form, in respect of class B eggs;
(g) the farming method for class A eggs. These particulars shall be used pursuant to rules to be determined in accordance with the procedure laid down in Article 20.";
(b) the following point shall be added to paragraph 2:
"(f) an indication of how laying hens are fed.";
(c) paragraph 3 shall be replaced by the following:
"3. Further dates and indications concerning the farming method, the origin of the eggs and how laying hens are fed may be used only pursuant to rules to be determined in accordance with the procedure laid down in Article 20. These rules shall cover in particular the criteria concerning the farming method, the origin of the eggs and how laying hens are fed.
However, if use of the indications relating to the origin of the eggs and the farming method should prove to be harmful to the fluidity of the Community market, or if serious difficulties arise regarding control of the use of such indications and its effectiveness, the Commission, acting under the same procedure, may suspend use of the said indications.
Notwithstanding the above, where large packs contain small packs or eggs marked with any reference to the origin of the eggs, these particulars shall also be shown on the large packs.";
5. in Article 15(b), the following sub-point shall be added:
"(gg) the farming method for the class A eggs referred to in Article 10(1)(g), or the following indication: 'farming method not specified.'";
6. the following paragraph shall be added to Article 20:
"4. In accordance with the procedure laid down in Article 17 of Regulation (EEC) No 2771/75, the Commission shall adopt:
(a) the measures required to facilitate transition to the arrangements set up by the second indent of Article 6(1), by Articles 7 and 8, by Article 10(1), (e), (f) and (g), Article 10(2)(f), Article 10(3) and by Article 15(b), (gg);
(b) measures which are both necessary and duly justified to resolve, in an emergency, practical, specific and unforeseeable problems.";
7. the following shall be inserted as Article 22a:
"Article 22a
The Commission shall submit to the Council by no later than 30 June 2003 a report on developments with regard to egg consumption, the wishes of consumers and of consumer organisations and the issue of egg marking and egg monitoring, together with suitable proposals."
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 2004.
However, the last subparagraph of the new Article 7(2) provided for in Article 1, point 2, Article 1, point 4(b) and (c) and Article 1, points 6 and 7, shall apply from 1 July 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2000.
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*****
COMMISSION REGULATION (EEC) No 2617/90
of 11 September 1990
amending Regulation (EEC) No 429/90 on the granting by invitation to tender of an aid for concentrated butter intended for direct consumption in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 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 3879/89 (2), and in particular Article 7a (3) thereof,
Whereas Commission Regulation (EEC) No 429/90 (3), as amended by Regulation (EEC) No 1265/90 (4), provides for the granting of aid for concentrated butter obtained from butter or cream originating from the market and intended for direct consumption in the Community; whereas concentrated butter must be put up in sealed packs bearing one or more of the indications in Article 10 (3) of that Regulation; whereas, in view of national provisions on the description of foodstuffs, those indications do not cover all marketing possibilities and so should be supplemented;
Whereas Article 14 of Regulation (EEC) No 429/90 provides for certain entries to be made on the T 5 control copy when packed concentrated butter is dispatched to be taken over by the retail trade in another Member State; whereas, to avoid any confusion, it should be specified that that document is to be issued and used in accordance with Commission Regulation (EEC) No 2823/87 (5);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 429/90 is hereby amended as follows:
1. the sixth indent of Article 10 (3) is replaced by the following:
'- "Beurre concentré - Règlement (CEE) no 429/90" or "beurre concentré pour la cuisine - Règlement (CEE) no 429/90" or "beurre concentré pour la cuisine et la pâtisserie - Règlement (CEE) no 429/90" or "beurre cuisinier - Règlement (CEE) no 429/90" or "beurre de cuisine - Règlement (CEE) no 429/90",';
2. the introductory sentence of Article 14 is replaced by the following:
'Where packed concentrated butter is dispatched to be taken over by the retail trade in another Member State, the necessary proof shall be furnished by production of the T 5 control copy issued and used in accordance with Commission Regulation (EEC) No 2823/87 (*). Box 104 of the T 5 control copy shall carry one of the following entries:
(*) OJ No L 270, 23. 9. 1987, p. 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, 11 September 1990.
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COUNCIL REGULATION (EC, EURATOM, ECSC) No 840/95 of 10 April 1995 amending Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the members of the Court of Auditors
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 188 b (8) thereof,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 45b (8) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b (8) thereof,
Whereas it is for the Council to determine the salaries, allowances and pensions of the President and members of the Court of Auditors;
Whereas, following the entry into force of the Treaty on European Union, the Court of Auditors has become an institution of the European Communities and it therefore seems desirable to amend the provisions of Regulation (EEC, Euratom, ECSC) No 2290/77 (1) with regard to the salaries and transitional termination-of-service allowances,
HAS ADOPTED THIS REGULATION:
Article 1
1. Regulation (EEC, Euratom, ECSC) No 2290/77 is hereby amended as follows: Article 2 shall be replaced by the following:
'Article 2
The basic monthly salary of Members of the Court of Auditors shall be equal to the amount resulting from the application of the following percentages to the basic salary of an official of the European Communities on the last step of Grade A 1:
President: 115 %,
Other members: 108 %`.
2. Article 8 (1) shall be replaced by the following:
'1. For three years from the first day of the month following that in which he ceases to hold office, a former member of the Court of Auditors shall receive a monthly transitional allowance determined in accordance with the following procedure:
- 40 % of the basic salary which he was receiving when he ceased to hold office if his period of service is less than two years,
- 45 % of the same salary if that period is over two years but less than three years,
- 50 % of the same salary if that period is over three years but less than five years,
- 55 % of the same salary if that period is over five years but less than 10 years,
- 60 % of the same salary if that period is over 10 years but less than 15 years,
- 65 % of the same salary in other cases.`
Article 2
Pensions acquired on the date of entry into force of this Regulation shall not be altered by this Regulation.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from the first date of the month following its publication.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 10 April 1995.
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Commission Regulation (EC) No 2239/2002
of 16 December 2002
amending Regulation (EC) No 214/2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1), as last amended by Commission Regulation (EC) No 509/2002(2), in particular Article 10 thereof,
Whereas:
(1) Article 21 of Commission Regulation (EC) No 214/2001(3), amended by Regulation (EC) No 1931/2002(4), limited the quantity of skimmed-milk powder put up for sale by the Member States' intervention agencies to that taken into storage before 1 April 2002.
(2) Given the current market situation, which is characterised by low seasonal production, more skimmed-milk powder should be released to the market from public storage.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 21 of Regulation (EC) No 214/2001, "1 April 2002" shall be replaced by "1 May 2002".
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, 16 December 2002.
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COMMISSION REGULATION (EEC) No 1812/93 of 7 July 1993 fixing for the 1993/94 marketing year the minimum price to be paid to producers for Williams and Rocha pears and the amount of production aid for such pears in syrup and/or natural fruit juice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 1569/92 (2), and in particular Articles 4 (4) and 5 (5) thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), and in particular Article 3 (3) thereof,
Whereas Council Regulation (EEC) No 1206/90 (4), as amended by Regulation (EEC) No 2202/90 (5), lays down general rules for the system of production aid for processed fruit and vegetables;
Whereas, under Article 4 (1) of Regulation (EEC) No 426/86, the minimum price to be paid to producers is to be determined on the basis of, firstly, the minimum price applying during the previous marketing year, secondly, the movement of basic prices in the fruit and vegetables sector, and thirdly, the need to ensure the normal marketing of fresh products for the various uses, including supply of the processing industry;
Whereas Article 5 of Regulation (EEC) No 426/86 lays down the criteria for fixing the amount of production aid; whereas account must, in particular, be taken of the aid fixed for the previous marketing year adjusted to take account of changes in the minimum price to be paid to producers and the difference between the cost of the raw material in the Community and in the major competing third countries;
Whereas Article 4 of Regulation (EEC) No 1206/90 provides for the establishment of a system of monetary adjustment with the aim of correcting production aid by the impact, on the minimum price minus the aid, of the differences between the agricultural conversion rate and the average of the market exchange rates during a period to be determined; whereas, in view of the current market situation and in order to ensure normal competition with third countries, such a system of adjustment should be implemented by applying a coefficient to the aid;
Whereas Commission Regulation (EEC) No 3824/92 (6), as last amended by Regulation (EEC) No 1663/93 (7), establishes a list of prices and amounts for the fruit and vegetables sector which are to be divided by a coefficient of 1,013088 fixed by Regulation (EEC) No 537/93 (8), amended by Regulation (EEC) No 1331/93 (9), as from the beginning of the 1993/94 marketing year; whereas Article 2 of Regulation (EEC) No 3824/92 lays down that the resulting reduction in the prices and amounts for each sector concerned shall be specified and the level of such reduced prices fixed,
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1993/94 marketing year:
(a) the minimum price referred to in Article 4 of Regulation (EEC) No 426/86 to be paid to producers for Williams and Rocha pears,
and
(b) the production aid referred to in Article 5 of the same Regulation for Williams and Rocha pears in syrup and/or natural fruit juice,
shall be as set out in Annex I.
Article 2
1. A coefficient equal to the impact on the cost price of the difference between the average market exchange rate and the agricultural conversion rate applicable at the beginning of the marketing year shall be applied to production aid.
2. For the application of paragraph 1:
- 'cost price' means the minimum price payable to the producer less the aid,
- 'average market exchange rate' means the average of the rates of the ecu published in the Official Journal of the European Communities, series C, during the first trimester of the year during which the marketing year in question starts, multiplied by the correction factor referred to in Article 1 (c) of Regulation (EEC) No 3813/92.
3. The coefficients calculated in accordance with paragraph 1 shall be as set out in Annex II.
Article 3
Where processing takes place outside the Member State in which the produce was grown, such Member State shall furnish proof to the Member State paying the production aid that the minimum price payable to the producer has been paid.
Article 4
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 July 1993.
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*****
COMMISSION REGULATION (EEC) No 928/89
of 11 April 1989
re-establishing the levying of customs duties applicable to third countries on certain products originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (1), and in particular Protocol 1 thereto,
Having regard to Council Regulation (EEC) No 4234/88 of 19 December 1988 establishing ceilings and Community surveillance for imports of certain products originating in Yugoslavia (1989) (2), and in particular Article 1 thereof,
Whereas the abovementioned Protocol 1 and Article 15 of the Cooperation Agreement provide that the products listed in Article 1 hereto are imported exempt of customs duty into the Community, subject to the ceiling shown, above which the customs duties applicable to third countries may be re-established;
Whereas imports into the Community of those products, originating in Yugoslavia, have reached that ceiling; whereas the situation on the Community market requires that customs duties applicable to third countries on the products in question be re-established,
HAS ADOPTED THIS REGULATION:
Article 1
From 15 April to 31 December 1989, the levying of customs duties applicable to third countries shall be re-established on imports into the Community of the products listed in the Annex, originating in Yugoslavia.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 April 1989.
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COUNCIL REGULATION (EC) No 1221/97 of 25 June 1997 laying down general rules for the application of measures to improve the production and marketing of honey
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the Commission has sent to the European Parliament and the Council a discussion paper on European beekeeping in which the situation and the difficulties of this sector have been explained;
Whereas beekeeping is a sector of agriculture, the main functions of which are economic activity and rural development, the production of honey and other products of the hive and the maintenance of ecological balance;
Whereas the sector is marked by diversity of production conditions and yields and by the dispersion and variety of producers and traders; whereas there is an imbalance between supply and demand on the Community market for honey;
Whereas, in view of the spread of varroasis in several Member States in recent years and the problems which this disease and associated diseases cause for honey production, action by the Community is necessary;
Whereas, given these circumstances and in order to improve the production and marketing of honey in the Community, national programmes should be established without delay for each year comprising technical assistance, measures to control varroasis and related diseases, a rationalization of transhumance, the management of regional beekeeping centres and cooperation on research programmes to improve the quality of honey;
Whereas, in order to supplement the statistical data on the agricultural sector, Member States should carry out studies on the structure of the sector, covering production, marketing and price formation;
Whereas expenditure by the Member States in fulfilment of the obligations arising from this Regulation should be borne by the Community pursuant to Article 3 of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy (4);
Whereas the European Parliament, the Council and the Commission made a Declaration on 6 March 1995 on the incorporation of financial provisions into legislative acts (5),
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down measures for improving general conditions for the production and marketing of honey which complies with the definition given in Council Directive 74/409/EEC of 22 July 1974 on the harmonization of the laws of the Member States relating to honey (6). To this end, Member States may lay down national programmes for each year.
2. The measures which may be included in these programmes shall be the following:
(a) technical assistance to members of beekeepers' associations and honey houses with a view to improving the conditions for the production and extraction of honey;
(b) the control of varroasis and related diseases; improvement of the conditions for the treatment of hives;
(c) rationalization of transhumance;
(d) measures to support laboratories carrying out analyses on the physico-chemical properties of honey;
(e) cooperation with specialized bodies for the implementation of applied research programmes to improve the quality of honey.
3. The provisions of Article 4 of Regulation No 26 applying certain rules of competition to production of and trade in agricultural products (7) shall remain applicable to State aids other than those included in the programmes approved pursuant to Article 4 of this Regulation.
Article 2
In order to be eligible for the part-financing provided for in Article 3, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory by 15 December 1997.
Article 3
Expenditure made in accordance with this Regulation shall be considered as expenditure within the meaning of Article 3 of Regulation (EEC) No 729/70.
The Community shall provide part-financing for the national programmes equivalent to 50 % of the expenditure borne by Member States for the measures referred to in Article 1 (2) included in the national programme.
In order to be eligible for Community part-financing, expenditure by the Member States for the measures taken under the annual national programmes referred to in Article 1 must be made by 15 October each year.
Article 4
The programmes referred to in Article 1 (1) shall be drawn up in close collaboration with the representative organizations and beekeeping cooperatives. Programmes shall be forwarded to the Commission, which shall approve them in accordance with the procedure laid down in Article 17 of Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggs (8).
Measures contained in operational programmes for Objective 1, 5 (b) and 6 regions shall be excluded from these programmes.
Article 5
Detailed rules for the application of this Regulation, in particular those relating to monitoring, shall be adopted in accordance with the procedure laid down in Article 17 of Regulation (EEC) No 2771/75.
Article 6
The Commission shall present to the European Parliament and the Council every three years a report on the application of this Regulation, initially by 31 December 2000.
Article 7
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 25 June 1997.
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COMMISSION REGULATION (EC) No 671/97 of 17 April 1997 amending Regulation (EC) No 2659/94 on detailed rules for the granting of private aid for Grana Padano, Parmigiano-Reggiano and Provolone cheeses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk products (1), as last amended by Regulation (EC) No 1587/96 (2), and in particular Articles 9 (3) and 28 thereof,
Whereas Article 6 (1) of Commission Regulation (EC) No 2659/94 (3), as last amended by Regulation (EC) No 401/96 (4), lays down the amounts of private storage aid for Grana Padano, Parmigiano-Reggiano and Provolone cheeses; whereas these amounts must be amended to take account of the trend in storage costs;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Article 6 (1) of Regulation (EC) No 2659/94 is replaced by the following:
'1. The amount of private storage aid for cheese shall be as follows:
(a) ECU 100 per tonne for the fixed costs;
(b) ECU 0,35 per tonne per day of storage under contract for the warehousing costs;
(c) an amount for the financial costs in ecus per tonne per day of storage under contract, as follows:
- 0,97 in the case of Grana Padano,
- 1,46 in the case of Parmigiano-Reggiano,
- 0,65 in the case of Provolone.`
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply to storage contracts concluded from the date of its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 April 1997.
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COMMISSION REGULATION (EC) No 1975/2006
of 7 December 2006
laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Articles 51(4), 74(4) and 91 thereof,
Whereas:
(1)
Experience shows that the integrated administration and control system (hereinafter referred to as IACS), provided for in Chapter 4 of Title II of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (2), has proven to be an effective and efficient means for the implementation of direct payment schemes. Therefore, as far as the area and animal-related measures under Axis 2 in Section 2 of Chapter I of Title IV of Regulation (EC) No 1698/2005 are concerned, the administration and control rules, as well as the provisions concerning reductions and exclusions in cases of false declarations, related to such measures should follow the principles set out in the IACS, and in particular in Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3).
(2)
However, for certain support schemes set out under Axis 2, and equivalent support under Axis 4 provided for in Section 2 of Chapter I of Title IV of Regulation (EC) No 1698/2005, the administration and control rules need to be adapted to their particular characteristics. The same applies in the case of support schemes set out in Axes 1 and 3 in Sections 1 and 3 respectively of that Regulation and equivalent support under Axis 4. Special provisions therefore need to be established for those support schemes.
(3)
In order to ensure that all national administrations are in the position to organise an efficient integrated control of all areas for which payment is claimed under Axis 2 on the one hand and under the area-related aid schemes covered by Regulation (EC) No 796/2004, on the other hand, payment claims for area-related measures under Axis 2 should be submitted within the same deadline as the single application provided for in Chapter I of Title II of Part II of that Regulation. Nevertheless, to allow the necessary administrative arrangements to be made, a transitional period should be granted.
(4)
In order to ensure the deterrent effect of controls, payments should, as a general rule, not be made before checks on the aid applications have been finalised. However, it is appropriate to allow payments up to a certain level after the completion of administrative checks. When fixing that level, account should be taken of the risk of overpayment.
(5)
The control rules provided for in this Regulation should take into account the special characteristics of the measures under Axis 2 concerned. Particular rules should therefore be established.
(6)
In accordance with Article 51 of Regulation (EC) No 1698/2005, payments under certain of the measures provided for in that Regulation have been made subject to the respect of cross-compliance as provided for in Chapter 1 of Title II of Regulation (EC) No 1782/2003. It is therefore appropriate to align the rules related to cross-compliance with those contained in Regulations (EC) No 1782/2003 and (EC) No 796/2004.
(7)
Ex post checks of investment operations should be undertaken to verify the respect of Article 72(1) of Regulation (EC) No 1698/2005, to ensure that operations have been properly carried out and that the same investment has not been financed in an irregular manner from different national or Community sources. The basis and contents of these checks should be specified.
(8)
Special rules are needed to set out the responsibilities for control of local action groups referred to in Article 62 of Regulation (EC) No 1698/2005 and approved by the Member States.
(9)
To allow the Commission to carry out its obligations for the management of the measures, Member States should report to the Commission on the number of controls undertaken and their results.
(10)
All the eligibility criteria established by Community or national legislation or the rural development programmes should be able to be controlled according to a set of verifiable indicators.
(11)
Member States may use evidence received from other services or organisations to verify the respect of eligibility criteria. However, they should have assurance that the service or organisation is operating to a standard sufficient to control compliance with the eligibility criteria.
(12)
Certain general control principles should be established, covering the right of the Commission to carry out checks.
(13)
Member States should ensure that the paying agencies referred to in Article 6 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (4) have sufficient information on controls carried out by other services or bodies in order to fulfil their duties under that Regulation.
(14)
The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,
HAS ADOPTED THIS REGULATION:
PART I
Scope and general provisions
Article 1
Scope
This Regulation lays down the detailed rules for the implementation of the control procedures as well as cross-compliance in respect of the co-financed rural development support measures established pursuant to Regulation (EC) No 1698/2005.
Article 2
Application of Regulation (EC) No 796/2004
Without prejudice to specific provisions of this Regulation, Articles 5, 22, 23, 69 and 73 of Regulation (EC) No 796/2004 shall apply mutatis mutandis.
Article 3
Definitions
For the purposes of this Regulation:
(a)
‘Application for support’ shall mean the application to be accepted for support, or to enter into a scheme;
(b)
‘Payment claim’ shall mean an application presented by a beneficiary for payment by the national authorities.
Article 4
Applications for support and payment claims
1. Without prejudice to specific provisions in this Regulation, the Member States shall provide for appropriate procedures for the submission of applications for support.
2. For measures with multiannual commitments, the beneficiary shall submit an annual payment claim.
However, Member States may dispense with annual physical payment claims if they introduce effective alternative procedures to carry out the administrative checks provided for in Article 11 or 26 as appropriate.
3. Applications for support and payment claims may be adjusted at any time after their submission in cases of obvious errors recognised by the competent authority.
Article 5
General principles of control
1. Without prejudice to specific provisions in this Regulation, Member States shall ensure that all the eligibility criteria established by Community or national legislation or by the rural development programmes can be controlled according to a set of verifiable indicators to be established by the Member States.
2. Where possible, on-the-spot checks provided for in Articles 12, 20 and 27 and other checks provided for in Community rules regarding agricultural subsidies shall be carried out at the same time.
3. Without prejudice to specific provisions, no payment shall be made in favour of beneficiaries for whom it is established that they artificially created the conditions required for obtaining such payments with a view to obtaining an advantage contrary to the objectives of the support scheme.
PART II
Administration and control rules
TITLE I
Rural development support for certain measures under Axis 2 and Axis 4
CHAPTER I
General provisions
Article 6
Scope and definitions
1. Save as otherwise provided for in this Regulation, this Title shall apply to:
(a)
support granted in accordance with Article 36 of Regulation (EC) No 1698/2005;
(b)
support granted in accordance with Article 63(a) of that Regulation with regard to operations corresponding to measures defined under Axis 2.
However, this Title shall not apply to measures referred to in Article 36(a)(vi) and (b)(vi) and (vii) and in Article 39(5) of Regulation (EC) No 1698/2005 as well as to measures under Article 36(b)(i) and (iii) of that Regulation as far as the establishment cost is concerned.
2. For the purposes of this Title the following definitions shall apply:
(a)
‘area-related measure’ shall mean measures or sub-measures for which support is based on the size of the area declared;
(b)
‘animal-related measure’ shall mean measures or sub-measures for which support is based on the number of animals declared.
Article 7
Application of Regulation (EC) No 796/2004
Article 2(10), (22) and (23) and Articles 9, 18, 21 and 25(1) of Regulation (EC) No 796/2004 shall apply mutatis mutandis for the purpose of this Title.
Article 6(1) of Regulation (EC) No 796/2004 shall also apply mutatis mutandis. However, for the measures referred to in Articles 36(b)(iii), (iv) and (v) of Regulation (EC) No 1698/2005, the Member States may establish appropriate alternative systems to uniquely identify the land subject to support.
Article 8
Payment claims
1. For all contracts entering into force after 1 January 2007, payment claims under area-related measures shall be submitted in accordance with the deadline set out in Article 11 of Regulation (EC) No 796/2004. However, Member States may decide to apply this provision only as from the claim year 2008.
2. If a Member State applies the dispositions of Article 4(2), second sub paragraph, then the payment claim shall be deemed to be delivered in accordance with Article 11 of Regulation (EC) No 796/2004.
3. Articles 11(3), 12 and 15 of Regulation (EC) No 796/2004 shall apply mutatis mutandis to payment claims under this Title. Further to the information referred to in Article 12(1)(d) of that Regulation, the payment claim shall also contain the information set out in that provision with regard to non-agricultural land for which support is being claimed.
Article 9
Payments
1. No payment for any measure or set of operations falling within the scope of this Title shall be made before the checks of this measure or set of operations with regard to eligibility criteria, as referred to in Section I of Chapter II, have been finalised.
However, Member States may decide, taking into account the risk of overpayment, to pay up to 70 % of the aid after finalisation of the administrative checks provided for in Article 11. The percentage of payment shall be the same for all beneficiaries of the measure or set of operations.
2. With regard to cross-compliance checks provided for in Section II of Chapter II, where such checks cannot be finalised before payment, any undue payments shall be recovered in accordance with Article 73 of Regulation (EC) No 796/2004.
CHAPTER II
Controls, reductions and exclusions
Article 10
General principles
1. Applications for support and subsequent payment claims shall be checked in a manner which ensures effective verification of compliance with the conditions for granting support.
2. The Member States shall define suitable methods and means for verifying the conditions for granting support for each support measure.
3. Member States shall make use of the integrated administration and control system provided for in Chapter 4 of Title II of Regulation (EC) No 1782/2003 (hereinafter referred to as ‘IACS’).
4. Verification of the eligibility criteria shall consist of administrative and on-the-spot checks.
5. Respect of cross-compliance shall be verified through on-the-spot checks and where appropriate through administrative checks.
6. During the period covered by a commitment, parcels for which support is being granted may not be exchanged except in cases specifically provided for in the rural development programme.
SECTION I
Respect of the eligibility criteria
SUBSECTION I
Controls
Article 11
Administrative checks
1. Administrative checks shall be undertaken on all applications for support and payment claims, and shall cover all elements that it is possible and appropriate to control by administrative means. The procedures shall ensure the recording of control work undertaken, the results of the verification and the measures taken in respect of discrepancies.
2. The administrative checks shall include cross-checks wherever possible and appropriate, inter alia with data from the IACS. These cross-checks shall relate at least to parcels and livestock covered by a support measure in order to avoid any undue payments of aid.
3. Compliance with long-term commitments shall be checked.
4. Indications of irregularities resulting from cross-checks shall be followed-up by any other appropriate administrative procedure, and, where necessary, by an on-the-spot check.
5. Where applicable, administrative checks on eligibility shall take into account the results of verifications carried out by other services, bodies or organisations involved in controls of agricultural subsidies.
Article 12
On-the-spot checks
1. The total number of on-the-spot checks carried out each year shall cover at least 5 % of all beneficiaries subject to a commitment under one or more of the measures falling within the scope of this Title.
However, applicants found not to be eligible after administrative checks shall not form part of the overall number of beneficiaries referred to in the first subparagraph.
2. Article 26(3) and (4) of Regulation (EC) No 796/2004 shall apply to on-the-spot checks provided for in this Article.
3. The control sample referred to in the first subparagraph of paragraph 1 shall be selected in accordance with the criteria set out in Article 27 of Regulation (EC) No 796/2004.
4. For any multiannual measures involving payments exceeding five years, the Member States may decide to halve the rate of control provided for in paragraph 1 after the fifth year of payment for a beneficiary.
Beneficiaries in respect of which the Member State makes use of the possibility set out in the first subparagraph of this paragraph shall not form part of the overall number of beneficiaries referred to in the first subparagraph of paragraph 1.
Article 13
Control report
On-the-spot checks under this Subsection shall be the subject of a control report to be established in accordance with Article 28 of Regulation (EC) No 796/2004.
Article 14
General principles concerning on-the-spot checks
1. On-the-spot checks shall be spread over the year on the basis of an analysis of the risks presented by the different commitments under each rural development measure.
2. On-the-spot checks shall cover all the commitments and obligations of a beneficiary which can be checked at the time of the visit.
Article 15
Elements of the on-the-spot checks and determination of areas
1. The Member States shall determine criteria and control methods that allow the controls of the different commitments and obligations of the beneficiary to satisfy the requirements of Article 48(1) of Commission Regulation (EC) No 1974/2006 (5).
2. With regard to controls on area-related measures, the on-the-spot checks shall be carried out in accordance with Articles 29, 30 and 32 of Regulation (EC) No 796/2004.
However, for the measures set out in Articles 36(b)(iii), (iv) and (v) of Regulation (EC) No 1698/2005, the Member States may define appropriate tolerances, which shall in no case be greater than twice the tolerances set down in Article 30(1) of Regulation (EC) No 796/2004.
3. With regard to controls on animal-related measures, the on-the-spot checks shall be carried out in accordance with Article 35 of Regulation (EC) No 796/2004.
SUBSECTION II
Reductions and exclusions
Article 16
Area-related measures
1. The basis for the calculation of the aid in respect of area-related measures shall be established in accordance with Article 50(1), (3) and (7) of Regulation (EC) No 796/2004. For the purpose of this Article, the areas declared by a beneficiary which receive the same rate of aid shall be considered as forming one crop group.
2. If the area declared for payment under an area-related measure exceeds the area determined in accordance with Article 50(3) of Regulation (EC) No 796/2004, the aid shall be calculated on the basis of the area determined reduced by twice the difference found if that difference is more than either 3 % or two hectares, but no more than 20 % of the area determined.
If the difference is more than 20 % of the area determined, no aid shall be granted for the area-related measure concerned.
3. If the area declared exceeds the area determined in accordance with Article 50(3) of Regulation (EC) No 796/2004 by more than 30 %, the beneficiary shall be excluded from receiving the aid he would have been entitled to pursuant to that Article for the calendar year in question for the measures concerned.
If the difference is more than 50 %, the beneficiary shall be additionally excluded from receiving aid up to an amount equal to the amount which corresponds to the difference between the area declared and the area determined in accordance with Article 50(3) of Regulation (EC) No 796/2004.
4. By way of derogation from paragraphs 2 and the first subparagraph of paragraph 3, for beneficiaries in Member States applying the single area payment scheme as provided for in Article 143b of Regulation (EC) No 1782/2003, the reductions and exclusions to be applied shall be calculated in accordance with the first and second subparagraphs of Article 138(1) of Commission Regulation (EC) No 1973/2004 (6).
5. Where differences between the area declared and the area determined in accordance with Article 50(3) of Regulation (EC) No 796/2004 result from irregularities committed intentionally, the beneficiary shall be excluded from the aid he would have been entitled to pursuant to that Article for the EAFRD year in question for the area-related measure concerned.
6. The amount resulting from the exclusions provided for in the second subparagraph of paragraph 3 and in paragraph 5 shall be off-set against aid payments under any of the support measures under Regulation (EC) No 1698/2005 or Regulation (EC) No 1782/2003 to which the beneficiary concerned is entitled in the context of applications he lodges in the course of the three calendar years following the calendar year of the finding. If the amount cannot be fully off-set against those payments, the outstanding balance shall be cancelled.
Article 17
Animal-related measures
1. The basis for the calculation of the aid in respect of animal-related measures shall be established in accordance with Article 57(2), (3) and (4) of Regulation (EC) No 796/2004.
2. Any reductions or exclusions to be applied in the case of overdeclaration of bovine animals or of ovine or caprine animals respectively shall be calculated in accordance with Article 59 of Regulation (EC) No 796/2004.
Support measures in relation to bovine animals and those relating to ovine or caprine animals shall be treated separately.
3. By way of derogation from the second subparagraph of Article 59(2) and the second subparagraph of Article 59(4) of Regulation (EC) No 796/2004, the amount resulting from the exclusion shall be off-set against aid payments under any of the support measures under Regulation (EC) No 1698/2005 to which the beneficiary concerned is entitled in the context of applications he lodges in the course of the three calendar years following the calendar year of the finding. If the amount cannot be fully off-set against those payments, the outstanding balance shall be cancelled.
4. In respect of overdeclarations concerning animals other than those referred to in paragraph 2, the Member State shall fix an appropriate system of reductions and exclusions.
Article 18
Reductions and exclusions in the case of non-respect of eligibility criteria
1. In case any of the commitments attached to the granting of the aid, other than those related to the size of area or number of animals declared, are not respected, the aid claimed shall be reduced or refused.
2. The Member State shall determine the amount of the reduction of the aid, in particular, on the basis of the severity, extent and permanence of the non-respect found.
The severity of a non-respect shall depend, in particular, on the importance of the consequences of the non-respect taking into account the objectives pursued by the criteria which have not been respected.
The extent of a non-respect shall depend, in particular, on the effect of the non-respect on the operation as a whole.
Whether a non-compliance is of permanence shall depend, in particular, on the length of time for which the effect lasts or the potential for terminating those effects by reasonable means.
3. In case the non-respect results from irregularities committed intentionally, the beneficiary shall be excluded from the measure in question for the EAFRD year concerned as well as for the following EAFRD year.
4. The reductions and exclusions provided for in this Article shall apply without prejudice to any additional penalties provided for under national rules.
SECTION II
Respect of cross-compliance
SUBSECTION I
Controls
Article 19
General principles
1. Without prejudice to Article 51(3) of Regulation (EC) No 1698/2005, ‘Cross-compliance’ shall mean the mandatory requirements referred to in the first subparagraph of Article 51(1) of that Regulation and the minimum requirements for fertiliser and plant protection product use referred to in the second subparagraph of Article 51(1) of that Regulation.
2. Articles 3(2) and 25 of Regulation (EC) No 1782/2003 and Article 2(2), (2a) and (31) to (36) as well as Articles 9, 41, 42, 43, 46, 47 and 48 of Regulation (EC) No 796/2004 shall apply with regard to controls on the respect of cross-compliance.
Article 20
On-the-spot checks
1. The competent control authority shall, with regard to the requirements or standards for which it is responsible, carry out on-the-spot checks on at least 1 % of all beneficiaries submitting payment claims under Article 36(a)(i) to (v) and (b)(i), (iv) and (v) of Regulation (EC) No 1698/2005.
2. The second subparagraph of Article 44(1) and Article 44(2) of Regulation (EC) No 796/2004 shall apply.
Article 21
Selection of the control sample
1. Article 45(1) of Regulation (EC) No 796/2004 shall apply as regards the selection of the control sample referred to in Article 20 of this Regulation.
2. The competent control authority shall, with regard to the requirements or standards for which it is responsible, select the beneficiaries to be checked in accordance with Article 20 by selecting the sample from the sample of beneficiaries which were already selected pursuant to Article 12 and to whom the relevant requirements or standards apply.
3. By way of derogation from paragraph 2, the competent control authority may, with regard to the requirements or standards for which it is responsible, select a control sample of 1 % of all beneficiaries submitting payment claims under Article 36(a)(i) to (v) and (b)(i), (iv) and (v) of Regulation (EC) No 1698/2005 and who are under the obligation to respect at least one of the requirements or standards.
SUBSECTION II
Reductions and exclusions
Article 22
General
1. Article 25 of Regulation (EC) No 1782/2003 and Article 2(2), (2a) and (31) to (36), Article 41 and Article 65(2) of Regulation (EC) No 796/2004 shall apply with regard to reductions or exclusions to be applied following the determination of non-compliances.
2. Where more than one paying agency is responsible in the context of the management of the different support measures under Article 36(a)(i) to (v) and (b)(i), (iv) and (v) of Regulation (EC) No 1698/2005, the Member States shall take the appropriate measures to ensure the appropriate application of the provisions of this Subsection, in particular that one rate of reduction is applied to the entirety of those payments applied for by the beneficiary.
Article 23
Calculation of reductions and exclusions
Without prejudice to Article 51(2) of Regulation (EC) No 1698/2005, where a non-compliance is determined, a reduction shall be applied on the overall amount of aid under Article 36(a)(i) to (v) and (b)(iv) and (v) of that Regulation that has been, or has to be, granted to the beneficiary concerned following payment claims he has submitted or will submit in the course of the calendar year of the finding.
Where the non-compliance is due to negligence of the beneficiary, the reduction shall be calculated in accordance with the rules set out in Article 66 of Regulation (EC) No 796/2004.
In the case of intentional non-compliance, the reduction shall be calculated in accordance with Article 67 of Regulation (EC) No 796/2004.
Article 24
Accumulation of reductions
Where there is an accumulation of reductions, reductions shall be applied firstly for late submission in accordance with Article 21 of Regulation (EC) No 796/2004, then in accordance with Articles 16 or 17 of this Regulation, then in accordance with Article 18 and finally in accordance with Articles 22 and 23.
TITLE II
Rural development support under Axis 1 and Axis 3 and certain measures under Axis 2 and Axis 4
CHAPTER I
General provisions
Article 25
Scope
This Title shall apply to:
(a)
the support measures set out in Articles 20 and 52 of Regulation (EC) No 1698/2005;
(b)
the support measures set out in Articles 36(a)(vi), (b)(vi), (b)(vii) and 39(5) of that Regulation and in Articles 36(b) (i) and (iii) of that Regulation as far as the establishment costs are concerned;
(c)
support granted in accordance with Article 63(a) and (b) of that Regulation with regard to operations corresponding to measures provided for in points (a) and (b) of this Article.
SECTION I
Controls
Article 26
Administrative checks
1. Administrative checks shall be carried out on all applications for support or payment claims, and shall cover all elements that it is possible and appropriate to control by administrative means. The procedures shall require the recording of control work undertaken, the results of the verification and the measures taken in respect of discrepancies.
2. Administrative checks on applications for support shall in particular include a verification of:
(a)
the eligibility of the operation for which support is requested;
(b)
the respect of the selection criteria set out in the rural development programme;
(c)
the compliance of the operation for which support is requested with applicable national and Community rules on, in particular, and where relevant, public procurement, State aid and the other appropriate obligatory standards established by national legislation or established in the rural development programme;
(d)
the reasonableness of the costs proposed, which shall be evaluated using a suitable evaluation system, such as reference costs, a comparison of different offers or an evaluation committee;
(e)
the reliability of the applicant, with reference to any previous co-financed operations undertaken since 2000.
3. Administrative checks on payment claims shall include in particular, and as far as this is appropriate for the claiming question, a verification of:
(a)
the delivery of the products and services co-financed;
(b)
the reality of expenditure claimed;
(c)
the completed operation compared with the operation for which the application for support was submitted and granted.
4. Administrative checks relating to investment operations shall include at least one visit to the operation supported or the investment site to verify the realisation of the investment.
However, Member States may decide not to carry out such visits for smaller investments, or where they consider that the risk that the conditions for receiving aid are not fulfilled, or that the reality of the investment has not been respected, is low. That decision and its justification shall be recorded.
5. Payments by beneficiaries shall be supported by invoices and documents proving payment. Where this cannot be done, payments shall be supported by documents of equivalent probative value.
6. Administrative checks shall include procedures to avoid irregular double financing with other Community or national schemes and with other programming periods. Where financing from other sources exists these checks shall ensure that the total aid received does not breach the maximum permissible aid ceilings.
7. For support relating to food quality schemes recognised by Member States, as provided for in Article 32 of Regulation (EC) No 1698/2005, paying agencies may, where appropriate, make use of evidence received from other services, bodies or organisations to verify the respect of eligibility criteria. However, they must have assurance that the service, body or organisation is operating to a standard sufficient to control compliance with the eligibility criteria.
Article 27
On-the-spot checks
1. Member States shall organise on-the-spot checks on approved operations on an appropriate sampling basis. These shall be, as far as is possible, carried out before the final payment is made for a project.
2. The expenditure controlled shall represent at least 4 % of the public expenditure that has been declared to the Commission each year, and at least 5 % of the public expenditure declared to the Commission over the whole programming period.
3. The sample of approved operations to be checked in accordance with paragraph 1 shall take into account in particular:
(a)
the need to check an appropriate mix of types and sizes of operations;
(b)
any risk factors which have been identified following national or Community checks;
(c)
the need to maintain a balance between the axes and measures.
4. The results of the on-the-spot checks shall be evaluated to establish whether any problems encountered are of a systemic character, entailing a risk for other similar operations, beneficiaries or other bodies. The evaluation shall also identify the causes of such situations, any further examination which may be required and the necessary corrective and preventive action.
5. Advance notice of on-the-spot checks may be given, provided that the purpose of the control is not jeopardised. If the advance notice exceeds 48 hours then it should be limited to the minimum necessary, depending on the nature of the measure and the operation being co-financed.
Article 28
Content of on-the-spot checks
1. Through the on-the-spot checks, the Member States shall endeavour to verify the following:
(a)
that the payments made to the beneficiary can be supported by accounting or other documents held by the bodies of firms carrying out the operations supported;
(b)
for an adequate number of expenditure items, that the nature and timing of the relevant expenditure comply with Community provisions and correspond to the approved specifications of the operation and the works actually executed or services delivered;
(c)
that the use or intended use of the operation is consistent with the use described in the application for Community support;
(d)
that the publicly funded operations have been implemented in accordance with Community rules and policies, especially the rules on public tendering and relevant mandatory standards established by national legislation or established in the rural development programme.
2. The on-the-spot checks shall cover all the commitments and obligations of a beneficiary which can be checked at the time of the visit.
3. Except in exceptional circumstances, duly recorded and explained by the national authorities, the on-the-spot checks shall include a visit to the operation or, if the operation is intangible, to the operation promoter.
4. Only checks meeting the full requirements of this Article may be counted towards the achievement of the control rate set out in Article 27(2).
Article 29
Control of Early retirement and semi-subsistence farming measures
1. For applications for support under Articles 23 and 34 of Regulation (EC) No 1698/2005, the administrative checks shall additionally include those referred to in Article 11(2) of this Regulation.
2. For the measure provided for in Article 23 of Regulation (EC) No 1698/2005, Member States may dispense with on-the-spot checks after the first payment of the support, provided that administrative checks, including inter alia appropriate cross-checks, in particular with the information contained in the electronic database referred to in Article 19 of Regulation (EC) No 1782/2003, provide the necessary assurance of legality and regularity of payments.
Article 30
Ex-post checks
1. Ex-post checks shall be carried out on investment operations that are still subject to commitments pursuant to Article 72(1) of Regulation (EC) No 1698/2005 or detailed in the rural development programme.
2. The objective of the ex-post checks shall be to:
(a)
verify the respect of Article 72(1) of Regulation (EC) No 1698/2005;
(b)
verify the reality and finality of payments made by the beneficiary, except in the case of contributions in kind or standard costs;
(c)
ensure that the same investment has not been financed in an irregular manner from different national or Community sources.
3. The ex-post checks shall cover each year at least 1 % of eligible expenditure for operations referred to in paragraph 1 for which the final payment has been made. They shall be carried out within 12 months of the end of the relevant EAFRD year.
4. The ex-post checks shall be based on an analysis of the risks and financial impact of different operations, groups of operations or measures.
The controllers for the ex-post checks shall not have been involved in pre-payment checks of the same investment operation.
SECTION II
Reductions and exclusions
Article 31
Reductions and exclusions
1. Payments shall be calculated on the basis of what is found to be eligible.
The Member State shall examine the payment claim received from the beneficiary, and establish the amounts that are eligible for support. It shall establish:
(a)
the amount that is payable to the beneficiary based solely on the payment claim;
(b)
the amount that is payable to the beneficiary after an examination of the eligibility of the payment claim.
If the amount established pursuant to point (a) exceeds the amount established pursuant to point (b) by more than 3 %, a reduction shall be applied to the amount established pursuant to point (b). The amount of the reduction shall be difference between those two amounts.
However, no reduction shall be applied if the beneficiary can demonstrate that he/she is not at fault for the inclusion of the ineligible amount. The reductions shall be applied mutatis mutandis to ineligible expenditure identified during checks under Article 28 and 30.
2. If a beneficiary is found to have intentionally made a false declaration the operation in question shall be excluded from support of the EAFRD and any amounts already paid for that operation shall be recovered. Moreover, the beneficiary shall be excluded from receiving support under the same measure for the EAFRD year in question and for the following EAFRD year.
3. The penalties provided for in paragraphs 2 and 3 shall apply without prejudice to additional penalties provided for under national rules.
CHAPTER II
Specific provisions for Axis 4 (Leader)
Article 32
Controls
In the case of expenditure incurred under Article 63(c) of Regulation (EC) No 1698/2005, the Member State shall organise controls in conformity with this Title. Those controls shall be carried out by persons independent from the local action group concerned.
Article 33
Responsibilities for control
1. In the case of expenditure incurred under Article 63(a) and (b) of Regulation (EC) No 1698/2005, the administrative checks referred to in Article 26 of this Regulation may be carried out by local action groups under a formal delegation. However, the Member State remains responsible for verifying that local action groups have the administrative and control capacity to undertake that work.
2. The Member State shall implement an appropriate system of supervision of the local action groups. This shall include regular controls of the operations of the local action groups, including bookkeeping checks and sample reperformance of administrative checks.
PART III
Final Provisions
Article 34
Notifications
Member States shall send to the Commission by 15 July each year, and for the first time by 15 July 2008, a report covering the previous EAFRD financial year relating, in particular, to the following points:
(a)
the number of payment claims for each rural development measure, the total amount checked as well as, where appropriate, the total area and total number of animals covered by on-the-spot checks under Articles 12, 20 and 27;
(b)
for area-related support, the total area broken down by individual aid scheme;
(c)
for animal-related measures, the total number of animals broken down by individual aid scheme;
(d)
the result of the checks carried out, indicating the reductions and exclusions applied pursuant to Articles 16, 17, 18, 22 and 23;
(e)
the number of ex-post checks undertaken under Article 30, the amount of expenditure verified and the results of the checks, indicating the reduction and exclusions applied pursuant to Article 31.
Article 35
Control by the Commission
Article 27(2) of Regulation (EC) No 1782/2003 shall apply to support paid under Regulation (EC) No 1698/2005.
Article 36
Reporting of controls to the paying agency
1. Where controls are not carried out by the paying agency, the Member State shall ensure that sufficient information on the controls carried out is received by the paying agency. It is for the paying agency to define its needs for information.
A sufficient audit trail shall be maintained. An indicative description of the requirements of a satisfactory audit trail is given in the Annex.
2. The information referred to in the first subparagraph of paragraph 1 may be a report on every control carried out or, if appropriate, be in the form of a summary report.
3. The paying agency shall have the right to verify the quality of controls carried out by other bodies, and to receive all other information it needs for the execution of its functions.
Article 37
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply to Community support concerning the programming period starting on 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 December 2006.
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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 the Kingdom of Morocco on the import into the Community of preserved fruit salads originating in Morocco
(88/649/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 the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (1) was signed on 25 April 1976 and entered into force on 1 November 1978;
Whereas the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Morocco on the import into the Community of preserved fruit salads originating in Morocco should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Morocco on the import into the Community of preserved fruit salads originating in Morocco 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
This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.
Done at Brussels, 21 December 1988.
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*****
COMMISSION REGULATION (EEC) No 2670/90
of 17 September 1990
reintroducing the levying of the customs duties applicable to suits and ensembles, products of category 74 (order No 40.0740) originating in Brazil, to which the preferential tariff arrangements of Council Regulation (EEC) No 3897/89 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3897/89 of 18 December 1989 applying generalized tariff preferences for 1990 in respect of textile products originating in developing countries (1), and in particular Article 12 thereof,
Whereas pursuant to Article 10 of that Regulation, preferential tariff treatment shall be accorded for each category of products subjected in Annexes I and II to individual ceilings within the limits of the quantities specified in column 8 of its Annex I and column 7 of its Annex II, in respect of certain or each of the countries or territories of origin specified in column 5 of the same Annexes; whereas Article 11 of that Regulation provides that the levying of customs duties may be reintroduced at any time in respect of imports of the products in question as soon as the relevant individual ceilings are reached at Community level;
Whereas, in respect of suits and ensembles, products of category 74 (order No 40.0740) originating in Brazil, the relevant ceiling amounts to 64 000 pieces; whereas that ceiling was reached on 30 August 1990 by charges of imports into the Community of the products in question originating in Brazil, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to reintroduce the levying of customs duties for the products in question with regard to Brazil,
HAS ADOPTED THIS REGULATION:
Article 1
As from 21 September 1990 the levying of customs duties, suspended pursuant to Council Regulation (EEC) No 3897/89, shall be reintroduced on imports into the Community of the following products, originating in Brazil:
1.2.3.4 // // // // // Order No // Category (unit) // CN code // Description // // // // // // // // // 40.0740 // 74 (1 000 pieces) // 6104 11 00 6104 12 00 6104 13 00 ex 6104 19 00 6104 21 00 6104 22 00 6104 23 00 ex 6104 29 00 // Women's or girls' knitted or crocheted suits and ensembles, of wool, of cotton or man-made fibres, excluding ski suits // // // //
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, 17 September 1990.
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COMMISSION REGULATION (EC) No 909/2009
of 28 September 2009
establishing a prohibition of fishing for skates and rays in EC waters of VIII and IX by vessels flying the flag of Belgium
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009.
(2)
According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009.
(3)
It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,
HAS ADOPTED THIS REGULATION:
Article 1
Quota exhaustion
The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2009 shall be deemed to be exhausted from the date set out in that Annex.
Article 2
Prohibitions
Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.
Article 3
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2009.
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COMMISSION REGULATION (EC) No 874/2009
of 17 September 2009
establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office
(recast)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 114 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity.
(2)
Regulation (EC) No 2100/94 (the basic Regulation) creates a new Community system of plant variety rights, whereby a plant variety right is valid throughout the Community.
(3)
Such a system should be carried out in an effective manner by the Community Plant Variety Office (the Office), which is assisted by Examination Offices in conducting the technical examination of the plant varieties concerned and which may avail itself of the services of designated national agencies or one of its own sub-offices established for that purpose. In that regard, it is indispensable to define the relationship between the Office and its own sub-offices, the Examination Offices and national agencies.
(4)
A fee for the conduct of the technical examination should be paid by the Office to the Examination Offices on the basis of full recovery of costs incurred. Uniform methods for the calculation of the costs should be established by the Administrative Council.
(5)
Decisions of the Office may be appealed against before its Board of Appeal. Provisions on the procedure of the Board of Appeal should be adopted. Further Boards of Appeal may be established, if necessary, by the Administrative Council.
(6)
Examination reports made under the responsibility of authorities of a Member State or a third country which is a member of the International Union for the Protection of New Varieties of Plants (UPOV) should be considered a sufficient basis for decision.
(7)
The use of electronic means for the filing of applications, objections or appeals and the service of documents by the Office should be permitted. Moreover, the Office should be given the possibility to issue certificates for Community plant variety rights in electronic form. Publication of information regarding Community plant variety rights should also be possible by electronic means. Finally, the electronic storage of files relating to proceedings should be allowed.
(8)
The President of the Office should be empowered to determine all necessary details with respect to the use of electronic means of communication or storage.
(9)
Certain provisions of Articles 23, 29, 34, 35, 36, 42, 45, 46, 49, 50, 58, 81, 85, 87, 88 and 100 of the basic Regulation already explicitly provide that detailed rules shall or may be drawn up for their implementation. Other detailed rules should be drawn up for the same purpose if clarification is required.
(10)
The entry into effect of a transfer of a Community plant variety right or a transfer of an entitlement thereto should be defined in the rules relating to the entries in the Registers.
(11)
The Administrative Council of the Community Plant Variety Office has been consulted.
(12)
The rules provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Variety Rights,
HAS ADOPTED THIS REGULATION:
TITLE I
PARTIES TO PROCEEDINGS, OFFICE AND EXAMINATION OFFICES
CHAPTER I
Parties to proceedings
Article 1
Parties to proceedings
1. The following persons may be party to proceedings before the Community Plant Variety Office, hereinafter referred to as ‘the Office’:
(a)
the applicant for a Community plant variety right;
(b)
the objector referred to in Article 59(2) of Regulation (EC) No 2100/94, hereinafter referred to as ‘the basic Regulation’;
(c)
the holder or holders of the Community plant variety right, hereinafter referred to as ‘the holder’;
(d)
any person whose application or request is a prerequisite for a decision to be taken by the Office.
2. The Office may allow participation in the proceedings by any person other than those referred to in paragraph 1 who is directly and individually concerned, upon written request.
3. Any natural or legal person as well as any body qualifying as a legal person under the law applicable to that body shall be considered a person within the meaning of paragraphs 1 and 2.
Article 2
Designation of parties to proceedings
1. A party to proceedings shall be designated by his name and address.
2. Names of natural persons shall be indicated by the person’s family name and given names. Names of legal persons as well as companies or firms shall be indicated by their official designations.
3. Addresses shall contain all the relevant administrative information, including the name of the State in which the party to proceedings is resident or where his seat or establishment is located. Only one address should preferably be indicated for each party to proceedings; where several addresses are indicated, only the address mentioned first shall be taken into account, except where the party to proceedings designates one of the other addresses as an address for service.
The President of the Office shall determine the details concerning the address including any relevant details of other data communication links.
4. Where a party to proceedings is a legal person, it shall also be designated by the name and address of the natural person legally representing the party to proceedings by virtue of the relevant national legislation. The provisions of paragraph 2 shall apply mutatis mutandis to such natural person.
The Office may permit derogations from the provisions of the first sentence of the first subparagraph.
5. Where the Commission or a Member State is party to proceedings, it shall communicate a representative for each proceeding in which it takes part.
Article 3
Languages of parties to proceedings
1. A language, being an official language of the European Union, chosen by a party to proceedings for use in the document first submitted to the Office and signed for the purpose of submission shall be used by the party to proceedings until a final decision is delivered by the Office.
2. If a party to proceedings files a document signed for that purpose by him in any other official language of the European Union than that to be used pursuant to paragraph 1, the document shall be deemed to have been received when the Office holds a translation thereof, provided by other services. The Office may permit derogations from this requirement.
3. If, in oral proceedings, a party uses a language other than the official language of the European Union used by the competent members of the staff of the Office, by other parties to proceedings, or by both, being the language to be used by him, he shall make provision for simultaneous interpretation into that official language. If no such provision is made, oral proceedings may continue in the languages used by the competent members of the staff of the Office and by other parties to the proceedings.
Article 4
Languages in oral proceedings and in the taking of evidence
1. Any party to proceedings and any witness or expert who gives evidence in oral proceedings may use any of the official languages of the European Union Communities.
2. Should the taking of evidence referred to in paragraph 1 be allowed at the request of a party to proceedings, then, should a party to proceedings, a witness or expert be unable to express himself adequately in any of the official languages of the European Union, he may be heard only if the party who made the request makes provision for interpretation into the languages used jointly by all parties to proceedings or, in the absence thereof, by the members of the staff of the Office.
The Office may permit derogations from the first subparagraph.
3. Statements made by the members of the staff of the Office, by parties to proceedings, witnesses or experts in one of the official languages of the European Union during oral proceedings or taking of evidence shall be entered in the minutes in the language used. Statements made in any other language shall be entered in the language used by the members of the staff of the Office.
Article 5
Translation of documents of parties to proceedings
1. If a party to proceedings files a document in a language other than an official language of the European Union, the Office may require a translation of the documents received to be made by the party to the proceedings into the language to be used by that party or by the competent members of the staff of the Office.
2. Where a translation of a document is to be filed or is filed by a party to proceedings, the Office may require the filing, within such time as it may specify, of a certificate that the translation corresponds to the original text.
3. Failure to file the translation referred to in paragraph 1 and the certificate referred to in paragraph 2 shall lead to the document being deemed not to have been received.
CHAPTER II
The Office
Section 1
Committees of the Office
Article 6
Qualification of members of the Committees
1. The Committees referred to in Article 35(2) of the basic Regulation shall, at the discretion of the President of the Office, be composed of technical or legally qualified members, or both.
2. A technical member shall hold a degree, or shall be qualified by recognised experience, in the field of plant science.
3. A legally qualified member shall be a graduate in law or qualified by recognised experience in the field of intellectual property or plant variety registration.
Article 7
Decisions of the Committee
1. A Committee shall, besides taking the decisions referred to in Article 35(2) of the basic Regulation, deal with:
-
the non-suspension of a decision pursuant to Article 67(2) of the basic Regulation,
-
interlocutory revision pursuant to Article 70 of the basic Regulation,
-
the restitutio in integrum pursuant to Article 80 of the basic Regulation, and
-
the award of costs pursuant to Article 85(2) of the basic Regulation and Article 75 of this Regulation.
2. A decision of the Committee shall be taken by a majority of its members.
Article 8
Power of individual members of the Committees
1. The Committee shall designate one of its members as rapporteur on its behalf.
2. The rapporteur may in particular:
(a)
perform the duties under Article 25 and monitor the submission of reports by the Examination Offices, referred to in Articles 13 and 14;
(b)
pursue the procedure within the Office, including the communication of any deficiencies to be remedied by a party to proceedings and the setting of time limits; and
(c)
ensure a close consultation and exchange of information with the parties to the proceedings.
Article 9
Role of the President
The President of the Office shall ensure the consistency of decisions taken under his authority. He shall in particular lay down the conditions under which decisions on objections lodged pursuant to Article 59 of the basic Regulation, and also decisions pursuant to Articles 61, 62, 63 or 66 of that Regulation, are taken.
Article 10
Consultations
Members of the staff of the Office may use, free of charge, the premises of national agencies designated pursuant to Article 30(4) of the basic Regulation, and those of Examination Offices referred to in Articles 13 and 14 of this Regulation, for holding periodical consultation days with parties to proceedings and third persons.
Section 2
Boards of Appeal
Article 11
Boards of Appeal
1. For the purpose of deciding on appeals from the decisions referred to in Article 67 of the basic Regulation, a Board of Appeal is established. If necessary, the Administrative Council may, on a proposal from the Office, establish more Boards of Appeal. In that event, it shall determine the allocation of work between the Boards of Appeal thus established.
2. Each Board of Appeal shall consist of technical and legally qualified members. Article 6(2) and (3) shall apply mutatis mutandis. The chairman shall be a legally qualified member.
3. The examination of an appeal shall be assigned by the chairman of the Board of Appeal to one of its members as rapporteur. Such assignment may include, where appropriate, the taking of evidence.
4. Decisions of the Board of Appeal shall be taken by a majority of its members.
Article 12
Registry attached to a Board of Appeal
1. The President of the Office shall attach a registry to the Board of Appeal; members of the staff of the Office shall be excluded from the registry if they have participated in proceedings relating to the decisions under appeal.
2. The employees of the registry shall in particular be responsible for:
-
drawing up the minutes of oral proceedings and taking evidence pursuant to Article 63 of this Regulation,
-
apportioning costs pursuant to Article 85(5) of the basic Regulation and Article 76 of this Regulation, and
-
confirming any settlement of costs referred to in Article 77 of this Regulation.
CHAPTER III
Examination Offices
Article 13
Designation of an Examination Office referred to in Article 55(1) of the basic Regulation
1. When the Administrative Council entrusts the competent office in a Member State with responsibility for technical examination, the President of the Office shall notify the designation to such office, hereinafter referred to as ‘the Examination Office’. It shall take effect on the day of issue of the notification by the President of the Office. This provision shall apply mutatis mutandis to the cancellation of the designation of an Examination Office, subject to Article 15(6) of this Regulation.
2. A member of the staff of the Examination Office taking part in a technical examination shall not be allowed to make any unauthorised use of, or disclose to any unauthorised person, any facts, documents and information coming to their knowledge in the course of or in connection with the technical examination. They shall continue to be bound by this obligation after the termination of the technical examination concerned, after leaving the service and after the cancellation of the designation of the Examination Office concerned.
3. Paragraph 2 shall apply mutatis mutandis to material of the plant variety which has been made available to the Examination Office by the applicant.
4. The Office shall monitor compliance with paragraphs 2 and 3 and shall decide on the exclusion of or objections raised to members of the staff of Examination Offices in accordance with Article 81(2) of the basic Regulation.
Article 14
Designation of an Examination Office referred to in Article 55(2) of the basic Regulation
1. Where the Office intends to entrust agencies with responsibility for the technical examination of varieties in accordance with Article 55(2) of the basic Regulation, it shall transmit an explanatory statement on the technical suitability of such agencies as an Examination Office to the Administrative Council for consent.
2. Where the Office intends to establish its own sub-office for the technical examination of varieties in accordance with Article 55(2) of the basic Regulation, it shall transmit an explanatory statement on the technical and economic appropriateness of establishing such a sub-office for that purpose and on the siting of such sub-office to the Administrative Council for consent.
3. When the Administrative Council gives its consent to the explanatory statements referred to in paragraphs 1 and 2, the President of the Office may notify such designation to the agencies referred to in paragraph 1, or may publish the designation of a sub-office as referred to in paragraph 2 in the Official Journal of the European Union. It may be cancelled only with the consent of the Administrative Council. Article 13(2) and (3) shall apply mutatis mutandis to the members of the staff of the agency referred to in paragraph 1 of this Article.
Article 15
Procedure for designation
1. The designation of an Examination Office shall be effected by a written agreement between the Office and the Examination Office providing for the performance of the technical examination of plant varieties by the Examination Office and for the payment of the fee referred to in Article 58 of the basic Regulation. In the case of a sub-office referred to in Article 14(2) of this Regulation, the designation shall be by internal rules on working methods issued by the Office.
2. The effect of the written agreement shall be such that acts performed or to be performed by members of the staff of the Examination Office in accordance therewith shall be considered, as far as third parties are concerned, to be acts of the Office.
3. Where the Examination Office intends to avail itself of the services of other technically qualified bodies in accordance with Article 56(3) of the basic Regulation, such bodies shall be named in the written agreement with the Office. Article 81(2) of the basic Regulation and Article 13(2) and (3) of this Regulation shall apply mutatis mutandis to the staff members concerned, who shall sign a written undertaking to observe confidentiality.
4. The Office shall pay the Examination Office a fee for the conduct of the technical examination, on the basis of full recovery of costs incurred. The Administrative Council shall determine uniform methods for calculating the costs and the uniform constituents of the costs, which shall apply to all designated Examination Offices.
5. The Examination Office shall periodically submit to the Office a breakdown of the costs of the technical examination performed and of the maintenance of the necessary reference collections. In the circumstances set out in paragraph 3, a separate auditing report of the bodies shall be submitted to the Office by the Examination Office.
6. Any cancellation of designation of an Examination Office may not take effect prior to the day on which revocation of the written agreement referred to in paragraph 1 takes effect.
TITLE II
SPECIFIC PROCEEDINGS BEFORE THE OFFICE
CHAPTER I
Application for a Community plant variety right
Section 1
Actions of the applicant
Article 16
Filing of the application
1. An application for a Community plant variety right shall be filed at the Office, at the national agencies designated or the sub-offices established pursuant to Article 30(4) of the basic Regulation.
Where the application is filed at the Office it may be filed in paper format or by electronic means. Where it is filed at the national agencies or sub-offices it shall be filed in paper format in duplicate.
2. The information sent to the Office in accordance with Article 49(1)(b) of the basic Regulation shall contain:
-
particulars for identifying the applicant and, where appropriate, his procedural representative,
-
the national agency or sub-office at which the application for a Community plant variety right was filed, and
-
the provisional designation of the variety concerned.
3. The Office shall make available the following forms free of charge:
(a)
an application form and a technical questionnaire, for the purposes of filing an application for a Community plant variety right;
(b)
a form for forwarding the information referred to in paragraph 2, indicating the consequences of any failure of the forwarding.
4. The applicant shall fill in and sign the forms provided for in paragraph 3. Where the application is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.
Article 17
Receipt of the application
1. Where a national agency designated pursuant to Article 30(4) of the basic Regulation or a sub-office established thereunder, receives an application, it shall forward to the Office, together with the application to be forwarded in accordance with Article 49(2) of the basic Regulation, a confirmation of receipt. The confirmation of receipt shall include the file number of the national agency or sub-office, the number of forwarded documents and the date of receipt at the national agency or sub-office. A copy of the forwarded receipt shall be issued to the applicant by the national agency or sub-office.
2. Where the Office receives an application from the applicant direct or via a sub-office or a national agency, it shall, without prejudice to other provisions, mark the documents making up the application with a file number and the date of receipt at the Office and shall issue a receipt to the applicant. The receipt shall include the file number of the Office, the number of documents received, the date of receipt at the Office and the date of application within the meaning of Article 51 of the basic Regulation. A copy of the receipt shall be issued to the national agency or sub-office via which the Office has received the application.
3. If the Office receives an application via a sub-office or national agency more than one month after its filing by the applicant, the ‘date of application’ within the meaning of Article 51 of the basic Regulation may not be earlier than the date of receipt at the Office, unless the Office establishes on the basis of sufficient documentary evidence that the applicant has forwarded an information to it in accordance with Article 49(1)(b) of the basic Regulation and Article 16(2) of this Regulation.
Article 18
Conditions laid down in Article 50(1) of the basic Regulation
1. If the Office finds that the application does not comply with the conditions laid down in Article 50(1) of the basic Regulation, it shall notify to the applicant the deficiencies it has found, stating that only such date as sufficient information remedying those deficiencies is received shall be treated as the date of application for the purposes of Article 51 of that Regulation.
2. An application complies with the condition laid down in Article 50(1)(i) of the basic Regulation only if date and country of any first disposal within the meaning of Article 10(1) of that Regulation are indicated, or if, in the absence of such disposal a declaration is made that no such disposal has occurred.
3. An application complies with the condition laid down in Article 50(1)(j) of the basic Regulation only if the date and the country given in any earlier application for the variety are, to the best of the applicant’s knowledge, indicated in respect of:
-
an application for a property right in respect of the variety, and
-
an application for official acceptance of the variety for certification and marketing where official acceptance includes an official description of the variety,
in a Member State or a Member of the International Union for the Protection of New Varieties of Plants.
Article 19
Conditions referred to in Article 50(2) of the basic Regulation
1. If the Office finds that the application does not comply with the provisions of paragraphs 2, 3 and 4 of this Article or with Article 16 of this Regulation, it shall apply Article 17(2) hereof, but shall require the applicant to remedy the deficiencies it has found within such time limit as it may specify. Where those deficiencies are not remedied in good time the Office shall without delay refuse the application, pursuant to Article 61(1)(a) of the basic Regulation.
2. The application shall contain the following details:
(a)
the nationality of the applicant, if he is a natural person, and his designation as party to proceedings referred to in Article 2 of this Regulation and, if he is not the breeder, the name and address of the breeder;
(b)
the Latin name of the genus, species or sub-species to which the variety belongs, and the common name;
(c)
the characteristics of the variety which, in the applicant’s opinion, are clearly distinguishable from other varieties, such other varieties being named (if appropriate) as reference varieties for testing;
(d)
breeding, maintenance and propagation of the variety, including information on:
-
the characteristics, the variety denomination or, in the absence thereof, the provisional designation, and the cultivation of any other variety or varieties the material of which has to be used repeatedly for the production of the variety, or
-
characteristics which have been genetically modified, where the variety concerned represents a genetically modified organism within the meaning of Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council (4);
(e)
the region and the country in which the variety was bred or discovered and developed;
(f)
date and country of any first disposal of varietal constituents or harvested material of the variety, for the purposes of assessing novelty in accordance with Article 10 of the basic Regulation, or a declaration that such disposal has not yet occurred;
(g)
the designation of the authority applied to and the file number of the applications referred to in Article 18(3) of this Regulation;
(h)
existing national plant variety rights or any patent for the variety operating within the Community.
3. The Office may call for any necessary information and documentation, and, if necessary, sufficient drawings or photographs for the conduct of the technical examination within such time limit as it shall specify.
4. Where the variety concerned represents a genetically modified organism within the meaning of Article 2(2) of Directive 2001/18/EC, the Office may require the applicant to transmit a copy of the written attestation of the responsible authorities stating that a technical examination of the variety under Articles 55 and 56 of the basic Regulation does not pose risks to the environment according to the norms of that Directive.
Article 20
Claiming priority
If the applicant claims a right of priority for an application within the meaning of Article 52(2) of the basic Regulation, which is not the earliest of those to be indicated pursuant to the first indent of Article 18(3) of this Regulation, the Office shall state that a priority date can only be given to such earlier application. Where the Office has issued a receipt including the date of filing of an application which is not the earliest of those to be indicated, the priority date notified shall be considered void.
Article 21
Entitlement to a Community plant variety right during proceedings
1. When the commencement of an action against the applicant in respect of a claim referred to in Article 98(4) of the basic Regulation has been entered in the Register of Applications for Community plant variety rights, the Office may stay the application proceedings. The Office may set a date on which it intends to continue the proceedings pending before it.
2. When a final decision in, or any other termination of, the action referred to in paragraph 1 has been entered in the Register of Applications for Community plant variety rights, the Office shall resume proceedings. It may resume them at an earlier date, but not prior to the date already set pursuant to paragraph 1.
3. Where entitlement to a Community plant variety right is validly transferred to another person for the purposes of the Office, that person may pursue the application of the first applicant as if it were his own, provided that he gives notice to this effect to the Office within one month of the entry of final judgment in the Register of Applications for Community plant variety rights. Fees due pursuant to Article 83 of the basic Regulation and already paid by the first applicant shall be deemed to have been paid by the subsequent applicant.
Section 2
Conduct of the technical examination
Article 22
Decision on test guidelines
1. Upon proposal of the President of the Office, the Administrative Council shall take a decision as to test guidelines. The date of the decision and the species concerned by it shall be published in the Official Gazette referred to in Article 87.
2. In the absence of a decision of the Administrative Council as to test guidelines, the President of the Office may take a provisional decision thereon. The provisional decision shall lapse on the date of the decision of the Administrative Council. Where the provisional decision of the President of the Office deviates from the decision of the Administrative Council, a technical examination started prior to the decision of the Administrative Council shall not be affected The Administrative Council may decide otherwise, if circumstances so dictate.
Article 23
Powers vested in the President of the Office
1. Where the Administrative Council takes a decision on test guidelines, it shall include a power whereby the President of the Office may insert additional characteristics and their expressions in respect of a variety.
2. Where the President of the Office makes use of the power referred to in paragraph 1, Article 22(2) shall apply mutatis mutandis.
Article 24
Notification by the Office of the Examination Office
In accordance with Article 55(3) of the basic Regulation, the Office shall transmit copies of the following documents relating to the variety to the Examination Office:
(a)
the application form, the technical questionnaire and each additional document submitted by the applicant containing information needed for the conduct of the technical examination;
(b)
the forms filled out by the applicant pursuant to Article 86 of this Regulation;
(c)
documents relating to an objection based on the contention that the conditions laid down in Articles 7, 8 and 9 of the basic Regulation have not been met.
Article 25
Cooperation between the Office and the Examination Office
The staff of the Examination Office responsible for the technical examination and the rapporteur designated in accordance with Article 8(1) shall cooperate in all phases of a technical examination. Cooperation shall cover at least the following aspects:
(a)
the monitoring of the conduct of the technical examination, including the inspection of the locations of the test plots and the methods used for the tests by the rapporteur;
(b)
without prejudice to other investigations by the Office, information from the Examination Office about details of any previous disposal of the variety; and
(c)
the submission by the Examination Office to the Office of interim reports on each growing period.
Article 26
Form of the examination reports
1. The examination report referred to in Article 57 of the basic Regulation shall be signed by the responsible member of the staff of the Examination Office and shall expressly acknowledge the exclusive rights of disposal of the Office under Article 57(4) of that Regulation.
2. The provisions of paragraph 1 shall apply mutatis mutandis to any interim reports to be submitted to the Office. The Examination Office shall issue a copy of each interim report direct to the applicant.
Article 27
Other examination reports
1. An examination report on the results of any technical examination which has been carried out or is in the process of being carried out for official purposes in a Member State by one of the offices responsible for the species concerned pursuant to Article 55(1) of the basic Regulation may be considered by the Office to constitute a sufficient basis for decision, provided that:
(a)
the material submitted for the technical examination has complied, in quantity and quality, with any standards that may have been laid down pursuant to Article 55(4) of the basic Regulation;
(b)
the technical examination has been carried out in a manner consistent with the designations by the Administrative Council pursuant to Article 55(1) of the basic Regulation, and has been conducted in accordance with the test guidelines issued, on general instructions given, pursuant to Article 56(2) of that Regulation and Articles 22 and 23 of this Regulation;
(c)
the Office has had the opportunity to monitor the conduct of the technical examination concerned; and
(d)
where the final report is not immediately available, the interim reports on each growing period are submitted to the Office prior to the examination report.
2. Where the Office does not consider the examination report referred to in paragraph 1 to constitute a sufficient basis for a decision, it may follow the procedure laid down in Article 55 of the basic Regulation, after consulting the applicant and the Examination Office concerned.
3. The Office and each competent national plant variety office in a Member State shall give administrative assistance to the other by making available, upon request, any examination reports on a variety, for the purpose of assessing distinctiveness, uniformity and stability of that variety. A specific amount shall be charged by the Office or the competent national plant variety office for the submission of such a report, such amount being agreed by the offices concerned.
4. An examination report on the results of a technical examination which has been carried out or is in the process of being carried out for official purposes in a third country which is Member of the International Union for the Protection of New Varieties of Plants may be considered by the Office to constitute a sufficient basis for decision, provided the technical examination complies with the conditions laid down in a written agreement between the Office and the competent authority of such third country. Such conditions shall at least include:
(a)
those related to the material, as referred to in point (a) of paragraph 1;
(b)
that the technical examination has been conducted in accordance with the test guidelines issued, or general instructions given, pursuant to Article 56(2) of the basic Regulation;
(c)
that the Office has had the opportunity to assess the suitability of facilities for carrying out a technical examination for the species concerned in that third country and to monitor the conduct of the technical examination concerned; and
(d)
those related to the availability of reports, as laid down in point (d) of paragraph 1.
Section 3
Variety denomination
Article 28
Proposal for a variety denomination
The proposal for a variety denomination shall be signed and shall be filed at the Office, or, if the proposal accompanies the application for a Community plant variety right filed at the national agency designated or the sub-office established pursuant to Article 30(4) of the basic Regulation, in duplicate.
The Office shall make available, free of charge, a form for the purposes of proposing a variety denomination.
Where the proposal for a variety denomination is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) of this Regulation as regards the signature.
Article 29
Examination of a proposal
1. Where the proposal does not accompany the application for a Community plant variety right or where a proposed variety denomination cannot be approved by the Office, the Office shall without delay communicate this to the applicant, shall require him to submit a proposal or a new proposal and shall indicate the consequences of failure to do so.
2. Where the Office establishes at the time of receipt of the results of the technical examination pursuant to Article 57(1) of the basic Regulation that the applicant has not submitted any proposal for a variety denomination, it shall without delay refuse the application for a Community plant variety right in accordance with Article 61(1)(c) of that Regulation.
Article 30
Guidelines for variety denomination
The Administrative Council shall adopt guidelines establishing uniform and definitive criteria for determining impediments to the generic designation of a variety denomination referred to in Article 63(3) and (4) of the basic Regulation.
CHAPTER II
Objection
Article 31
Filing of objections
1. Objections under Article 59 of the basic Regulation shall contain:
(a)
the name of the applicant and the file number of the application to which the objection is lodged;
(b)
the designation of the objector as a party to proceedings as set out in Article 2 of this Regulation;
(c)
if the objector has appointed a procedural representative, his name and address;
(d)
a statement on the contention referred to in Article 59(3) of the basic Regulation on which the objection is based, and on particulars, items of evidence and arguments presented in support of the objection.
2. If several objections in respect of the same application for a Community plant variety right are filed, the Office may deal with those objections in one set of proceedings.
Article 32
Rejection of objections
1. If the Office finds that the objection does not comply with Article 59(1) and (3) of the basic Regulation or Article 31(1)(d) of this Regulation or that it does not provide sufficient identification of the application against which objection is lodged, it shall reject the objection as inadmissible unless such deficiencies have been remedied within such time limit as it may specify.
2. If the Office notes that the objection does not comply with other provisions of the basic Regulation or of this Regulation, it shall reject the objection as inadmissible unless such deficiencies have been remedied prior to the expiry of the objection periods.
CHAPTER III
Maintenance of Community plant variety rights
Article 33
Obligations of the holder under Article 64(3) of the basic Regulation
1. The holder shall permit inspection of material of the variety concerned and of the location where the identity of the variety is preserved, in order to furnish the information necessary for assessing the continuance of the variety in its unaltered state, pursuant to Article 64(3) of the basic Regulation.
2. The holder shall be required to keep written records in order to facilitate verification of appropriate measures referred to in Article 64(3) of the basic Regulation.
Article 34
Technical verification of the protected variety
Without prejudice to Article 87(4) of the basic Regulation, a technical verification of the protected variety shall be conducted in accordance with the test guidelines duly applied when the Community plant variety right was granted in respect of that variety. Articles 22 and 24 to 27 of this Regulation shall apply mutatis mutandis to the Office, the Examination Office and to the holder.
Article 35
Other material to be used for a technical verification
When the holder has submitted material of the variety in accordance with Article 64(3) of the basic Regulation, the Examination Office may, with the consent of the Office, verify the submitted material by inspecting other material which has been taken from holdings where material is produced by the holder, or with his consent, or taken from material being marketed by him, or with his consent, or taken by official bodies in a Member State by virtue of their powers.
Article 36
Amendments of the variety denominations
1. Where the variety denomination has to be amended in accordance with Article 66 of the basic Regulation, the Office shall communicate the grounds thereof to the holder, shall set up a time limit within which the holder must submit a suitable proposal for an amended variety denomination, and shall state that, should he fail to do so, the Community plant variety right may be cancelled pursuant to Article 21 of that Regulation.
2. Where the proposal for an amended variety denomination cannot be approved by the Office, the Office shall without delay inform the holder, shall again set a time limit within which the holder must submit a suitable proposal, and shall state that, should he fail to comply, the Community plant variety right may be cancelled pursuant to Article 21 of the basic Regulation.
3. Articles 31 and 32 of this Regulation shall apply mutatis mutandis to an objection lodged pursuant to Article 66(3) of the basic Regulation.
4. Where the proposal for an amendment of a variety denomination is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.
CHAPTER IV
Community licences to be granted by the Office
Section 1
Compulsory licences pursuant to Article 29 of the basic Regulation
Article 37
Applications for a compulsory licence
1. The application for a compulsory licence pursuant to Article 29(1), (2) and (5) of the basic Regulation shall contain:
(a)
the designation of the applicant and the opposing holder of the variety concerned as parties to proceedings;
(b)
the variety denomination and the plant species of the variety or varieties concerned;
(c)
a proposal for the type of acts to be covered by the compulsory licence;
(d)
a statement setting out the public interest concerned, including details of facts, items of evidence and arguments presented in support of the public interest claimed;
(e)
in the case of an application referred to in Article 29(2) of the basic Regulation, a proposal for the category of persons to which the compulsory licence shall be granted, including, as the case may be, the specific requirements related to that category of persons;
(f)
a proposal for an equitable remuneration and the basis for calculating the remuneration.
2. The application for a compulsory licence referred to in Article 29(5a) of the basic Regulation shall contain:
(a)
the designation of the applicant holding a patent right and the opposing holder of the variety concerned as parties to proceedings;
(b)
the variety denomination and the plant species of the variety or varieties concerned;
(c)
a certified copy of the patent certificate showing the number and claims of the patent for a biotechnological invention and the granting authority of the patent;
(d)
a proposal for the type of acts to be covered by the compulsory licence;
(e)
a proposal for an equitable remuneration and the basis for calculating the remuneration;
(f)
a statement setting out why the biotechnological invention constitutes significant technical progress of considerable economic interest compared with the protected variety, including details of facts, items of evidence and arguments in support of the claim;
(g)
a proposal for the territorial scope of the licence, which may not exceed the territorial scope of the patent referred to in point (c).
3. The application for a cross-licence referred to in the second subparagraph of Article 29(5a) of the basic Regulation shall contain:
(a)
the designation of the applicant holding a patent right and the opposing holder of the variety concerned as parties to proceedings;
(b)
the variety denomination and the plant species of the variety or varieties concerned;
(c)
a certified copy of the patent certificate showing the number and claims of the patent for a biotechnological invention and the granting authority of the patent;
(d)
an official document showing that a compulsory licence for a patented biotechnological invention has been granted to the holder of the plant variety right;
(e)
a proposal for the type of acts to be covered by the cross-licence;
(f)
a proposal for an equitable remuneration and the basis for calculating the remuneration;
(g)
a proposal for the territorial scope of the cross-licence, which may not exceed the territorial scope of the patent referred to in point (c).
4. The application for a compulsory licence shall be accompanied by documents evidencing that the applicant has applied unsuccessfully to obtain a contractual licence from the holder of the plant variety right. Should the Commission or a Member State be the applicant for a compulsory licence pursuant to Article 29(2) of the basic Regulation, the Office may waive this condition in the case of force majeure.
5. A request for a contractual licence shall be considered unsuccessful within the meaning of paragraph 4 if:
(a)
the opposing holder has not given a final reply to the person seeking such right within a reasonable period; or
(b)
the opposing holder has refused to grant a contractual licence to the person seeking it; or
(c)
the opposing holder has offered a licence to the person seeking it, on obviously unreasonable fundamental terms including those relating to the royalty to be paid, or on terms which, seen as a whole, are obviously unreasonable.
Article 38
Examination of the application for a compulsory licence
1. Oral proceedings and the taking of evidence shall in principle be held together in one hearing.
2. Requests for further hearings shall be inadmissible except for those requests based on circumstances which have undergone change during or after the hearing.
3. Before taking a decision, the Office shall invite the parties concerned to come to an amicable settlement on a contractual licence. If appropriate, the Office shall make a proposal for such an amicable settlement.
Article 39
Tenure of a Community plant variety right during the proceedings
1. If the commencement of an action in respect of a claim referred to in Article 98(1) of the basic Regulation against the holder has been entered in the Register of Community Plant Variety Rights, the Office may suspend the proceedings on the grant of a compulsory licence. It shall not resume them prior to the entry in the same Register of the final judgment upon, or any other termination of, such action.
2. If a transfer of the Community plant variety right is binding on the Office, the new holder shall enter the proceedings as a party thereto, upon request of the applicant, if that applicant has unsuccessfully requested the new holder to grant him a licence within two months of receipt of communication from the Office that the name of the new holder has been entered in the Register of Community Plant Variety Rights. A request from the applicant shall be accompanied by sufficient documentary evidence of his vain attempt and, if appropriate, of the conduct of the new holder.
3. In the case of an application referred to in Article 29(2) of the basic Regulation, the new holder shall enter the proceedings as a party thereto. Paragraph 1 of this Article shall not apply.
Article 40
Contents of the decision on the application
The written decision shall be signed by the President of the Office. The decision shall contain:
(a)
a statement that the decision is delivered by the Office;
(b)
the date when the decision was taken;
(c)
the names of the members of the committee having taken part in the proceedings;
(d)
the names of the parties to the proceedings and of their procedural representatives;
(e)
the reference to the opinion of the Administrative Council;
(f)
a statement of the issues to be decided;
(g)
a summary of the facts;
(h)
the grounds on which the decision is based;
(i)
the order of the Office; if need be, the order shall include the stipulated acts covered by the compulsory licence, the specific conditions pertaining thereto and the category of persons, including where appropriate the specific requirements relating to that category.
Article 41
Grant of a compulsory licence
1. The decision to grant a compulsory licence pursuant to Article 29(1), (2) and (5) of the basic Regulation shall contain a statement setting out the public interest involved.
2. The following grounds may in particular constitute a public interest:
(a)
the protection of life or health of humans, animals or plants;
(b)
the need to supply the market with material offering specific features;
(c)
the need to maintain the incentive for continued breeding of improved varieties.
3. The decision to grant a compulsory licence pursuant to Article 29(5a) of the basic Regulation shall contain a statement setting out the reasons why the invention constitutes significant technical progress of considerable economic interest. The following grounds may in particular constitute reasons why the invention constitutes significant technical progress of considerable economic interest compared to the protected plant variety:
(a)
improvement of cultural techniques;
(b)
improvement of the environment;
(c)
improvement of techniques to facilitate the use of genetic biodiversity;
(d)
improvement of quality;
(e)
improvement of yield;
(f)
improvement of resistance;
(g)
improvement of adaptation to specific climatological and/or environmental conditions.
4. The compulsory licence shall be non-exclusive.
5. The compulsory licence may not be transferred otherwise than together with that part of an enterprise which makes use of the compulsory licence, or, in the circumstances set out in Article 29(5) of the basic Regulation, together with the assignment of the rights of an essentially derived variety.
Article 42
Conditions pertaining to the person to whom a compulsory licence is granted
1. Without prejudice to the other conditions referred to in Article 29(3) of the basic Regulation, the person to whom the compulsory licence is granted shall have the appropriate financial and technical capacity to make use of the compulsory licence.
2. Compliance with the conditions pertaining to the compulsory licence and laid down in the decision thereon shall be considered a ‘circumstance’ within the meaning of Article 29(4) of the basic Regulation.
3. The Office shall provide that the person to whom a compulsory licence is granted may not bring a legal action for infringement of a Community plant variety right unless the holder has refused or neglected to do so within two months after being so requested.
Article 43
Category of persons satisfying specific requirements pursuant to Article 29(2) of the basic Regulation
1. Any person intending to make use of a compulsory licence who comes under the category of persons satisfying specific requirements referred to in Article 29(2) of the basic Regulation shall declare his intention to the Office and to the holder by registered letter with advice of delivery. The declaration shall include:
(a)
the name and address of that person as laid down for parties to proceedings pursuant to Article 2 of this Regulation;
(b)
a statement on the facts meeting the specific requirements;
(c)
a statement setting out the acts to be effected; and
(d)
an assurance that that person has the appropriate financial resources as well as information about his technical capacity, to make use of the compulsory licence.
2. Upon request, the Office shall enter a person in the Register of Community Plant Variety Rights if such person has fulfilled the conditions relating to the declaration referred to in paragraph 1. Such person shall not be entitled to make use of the compulsory licence prior to the entry. The entry shall be communicated to that person and the holder.
3. Article 42(3) shall apply mutatis mutandis to a person entered in the Register of Community Plant Variety Rights pursuant to paragraph 2 of this Article. Any judgment, or other termination, of the legal action in respect of the act of infringement shall apply to the other persons entered or to be entered.
4. The entry referred to in paragraph 2 may be deleted on the sole ground that the specific requirements laid down in the decision on the grant of a compulsory licence or the financial and technical capacities established pursuant to paragraph 2 have undergone change more than one year after the grant of the compulsory licence and within any time limit stipulated in that grant. The deletion of the entry shall be communicated to the person entered and the holder.
Section 2
Exploitation rights pursuant to Article 100(2) of the basic Regulation
Article 44
Exploitation rights pursuant to Article 100(2) of the basic Regulation
1. A request for a contractual non-exclusive exploitation right from a new holder, as referred to in Article 100(2) of the basic Regulation, shall be made, in the case of the former holder within two months, or in the case of a person having enjoyed an exploitation right within four months, of receipt of notification from the Office that the name of the new holder has been entered in the Register of Community Plant Variety Rights.
2. An application for an exploitation right to be granted pursuant to Article 100(2) of the basic Regulation shall be accompanied by documents supporting the unsuccessful request referred to in paragraph 1 of this Article. The provisions of Article 37(1)(a), (b), (c) and (5), Article 38, Article 39(3), Article 40 except letter (f), Article 41(3) and (4) and Article 42 of this Regulation shall apply mutatis mutandis.
TITLE III
PROCEEDINGS BEFORE THE BOARD OF APPEAL
Article 45
Contents of the notice of appeal
The notice of appeal shall contain:
(a)
the designation of the appellant as a party to appeal proceedings in accordance with Article 2;
(b)
the file number of the decision against which the appeal is lodged and a statement as to the extent to which amendment or cancellation of the decision is sought.
Article 46
Receipt of the notice of appeal
Where the Office receives a notice of appeal, it shall mark it with a file number of the appeal proceedings and the date of receipt at the Office and shall notify the appellant of the time limit for setting out the grounds of the appeal; any omission of such notice may not be pleaded.
Article 47
Participation as a party to the appeal proceedings
1. The Office shall promptly transmit a copy of the notice of appeal marked with the file number and the date of its receipt to the parties to proceedings having participated in the proceedings before the Office.
2. The parties to proceedings referred to in paragraph 1 may intervene as parties to the appeal proceedings within two months of transmission of a copy of the notice of appeal.
Article 48
Role of the Office
1. The body of the Office referred to in Article 70(1) of the basic Regulation and the chairman of the Board of Appeal shall ensure by internal preparatory measures that the Board of Appeal can examine the case immediately after its remittal; the chairman shall in particular select the two other members in accordance with Article 46(2) of that Regulation and shall designate a rapporteur, prior to the remittal of the case.
2. Prior to the remittal of the case, the body of the Office referred to in Article 70(1) of the basic Regulation shall promptly transmit a copy of the documents received by a party to the appeal proceedings to the other parties to the appeal proceedings.
3. The President of the Office shall provide for the publication of the information referred to in Article 89, prior to the remittal of the case.
Article 49
Rejection of the appeal as inadmissible
1. If the appeal does not comply with the provisions of the basic Regulation and in particular Articles 67, 68 and 69 thereof or those of this Regulation and in particular Article 45 thereof, the Board of Appeal shall so inform the appellant and shall require him to remedy the deficiencies found, if possible, within such period as it may specify. If the appeal is not rectified in good time, the Board of Appeal shall reject it as inadmissible.
2. Where an appeal is lodged against a decision of the Office against which an action under Article 74 of the basic Regulation is likewise lodged, the Board of Appeal shall forthwith submit the appeal as an action to the Court of Justice of the European Communities, with the consent of the appellant; if the appellant does not consent, it shall reject the appeal as inadmissible. In the case of the submission of an appeal to the Court of Justice, such an appeal shall be deemed to have been lodged with the Court of Justice as at the date of receipt at the Office under Article 46 of this Regulation.
Article 50
Oral proceedings
1. After the remittal of the case, the chairman of the Board of Appeal shall, without delay, summon the parties to the appeal proceedings to oral proceedings as provided for in Article 77 of the basic Regulation and shall draw their attention to the contents of Article 59(2) of this Regulation.
2. The oral proceedings and the taking of evidence shall in principle be held in one hearing.
3. Requests for further hearings shall be inadmissible except for requests based on circumstances which have undergone change during or after the hearing.
Article 51
Examination of appeals
Unless otherwise provided, the provisions relating to proceedings before the Office shall apply to appeal proceedings mutatis mutandis; parties to proceedings shall in that regard be treated as parties to appeal proceedings.
Article 52
Decision on the appeal
1. Within three months after closure of the oral proceedings, the decision on the appeal shall be forwarded in writing, by any means provided for in Article 64(3), to the parties to the appeal proceedings.
2. The decision shall be signed by the chairman of the Board of Appeal and by the rapporteur designated pursuant to Article 48(1). The decision shall contain:
(a)
a statement that the decision is delivered by the Board of Appeal;
(b)
the date when the decision was taken;
(c)
the names of the chairman and of the other members of the Board of Appeal having taken part in the appeal proceedings;
(d)
the names of the parties to the appeal proceedings and their procedural representatives;
(e)
a statement of the issues to be decided;
(f)
a summary of the facts;
(g)
the grounds on which the decision is based;
(h)
the order of the Board of Appeal, including, where necessary, a decision as to the award of costs or the refund of fees.
3. The written decision of the Board of Appeal shall be accompanied by a statement that further appeal is possible, together with the time limit for lodging such further appeal. The parties to the appeal proceedings may not plead the omission of that statement.
TITLE IV
GENERAL PROVISIONS RELATING TO PROCEEDINGS
CHAPTER I
Decisions, communications and documents
Article 53
Decisions
1. Any decision of the Office is to be signed by and to state the name of the member of staff duly authorised by the President of the Office in accordance with Article 35 of the basic Regulation.
2. Where oral proceedings are held before the Office, the decisions may be given orally. Subsequently, the decision in writing shall be served on the parties to proceedings in accordance with Article 64.
3. Decisions of the Office which are open to appeal under Article 67 of the basic Regulation or to direct action under Article 74 thereof shall be accompanied by a statement of that appeal or direct action if possible, together with the time limits provided for lodging such appeal or direct action. The parties to proceedings may not plead the omission of that statement.
4. Linguistic errors, errors of transcription and patent mistakes in decisions of the Office shall be corrected.
Article 54
Certificate for a Community plant variety right
1. Where the Office grants a Community plant variety right, it shall issue, together with the decision thereon, a certificate for the Community plant variety right as evidence of the grant.
2. The Office shall issue the certificate for the Community plant variety right in whichever official language or languages of the European Union is requested by the holder.
3. On request, the Office may issue a copy to the person entitled if it establishes that the original certificate has been lost or destroyed.
Article 55
Communications
Unless otherwise provided, any communication by the Office or an Examination Office shall include the name of the competent member of the staff.
Article 56
Right of audience
1. If the Office finds that a decision may not be adopted in the terms sought, it shall communicate the deficiencies noted to the party to the proceedings and shall require him to remedy those deficiencies within such time limit as it may specify. If the deficiencies noted and communicated are not remedied in good time, the Office shall proceed to take its decision.
2. If the Office receives observations from a party to proceedings, it shall communicate those observations to the other parties to the proceedings and shall require them, if it considers it necessary, to reply within such time limit as it may specify. If a reply is not received in good time, the Office shall disregard any document received later.
Article 57
Documents filed by parties to proceedings
1. Any documents filed by a party to proceedings shall be submitted by post, personal delivery or electronic means.
The details concerning electronic submissions shall be determined by the President of the Office.
2. The date of receipt of any document filed by parties to proceedings shall be deemed to be the date on which a document is in fact received on the premises or in the case of a document filed by electronic means, when the document is received electronically by the Office.
3. With the exception of annexed documents, any documents filed by parties to proceedings must be signed by them or their procedural representative.
Where a document is submitted to the Office by electronic means, it shall contain an electronic signature.
4. If a document has not duly been signed, or where a document received is incomplete or illegible, or where the Office has doubts as to the accuracy of the document, the Office shall inform the sender accordingly and shall invite him to submit the original of the document signed in accordance with paragraph 3, or to retransmit a copy of the original, within a time limit of one month.
Where the request is complied with within the period specified, the date of receipt of the signed document or of the retransmission shall be deemed to be the date of the receipt of the first document. Where the request is not complied with within the period specified, the document shall be deemed not to have been received.
5. Such document as must be communicated to other parties to proceedings as well as to the Examination Office concerned, or documents relating to two or more applications for a Community plant variety right or an exploitation right, shall be filed in a sufficient number of copies. Missing copies shall be provided at the expense of the party to the proceedings.
The first subparagraph shall not apply to documents submitted by electronic means.
Article 58
Documentary evidence
1. Evidence of final judgments and decisions, other than those of the Office, or other documentary evidence to be submitted by parties to proceedings, may be furnished by submitting an uncertified copy.
2. Where the Office has doubts as to the authenticity of the evidence referred to in paragraph 1, it may require submission of the original or a certified copy.
CHAPTER II
Oral proceedings and taking of evidence
Article 59
Summons to oral proceedings
1. The parties to proceedings shall be summoned to oral proceedings provided for in Article 77 of the basic Regulation and their attention shall be drawn to paragraph 2 hereof. At least one month’s notice of the summons dispatched to the parties to proceedings shall be given unless the parties to proceedings and the Office agree on a shorter period.
2. If a party to proceedings who has duly been summoned to oral proceedings before the Office does not appear as summoned, the proceedings may continue without him.
Article 60
Taking of evidence by the Office
1. Where the Office considers it necessary to hear the oral evidence of parties to proceedings or of witnesses or experts, or to carry out an inspection, it shall take a decision to that effect, stating the means by which it intends to obtain evidence, the relevant facts to be proved and the date, time and place of hearing or inspection. If oral evidence from witnesses and experts is requested by a party to proceedings, the decision of the Office shall state the period of time within which the party to proceedings filing the request must make known to the Office the names and addresses of the witnesses and experts whom the party to proceedings wishes to be heard.
2. At least one month’s notice of a summons dispatched to a party to proceedings, witness or expert to give evidence shall be given unless the Office and they agree to a shorter period. The summons shall contain:
(a)
an extract from the decision referred to in paragraph 1, indicating in particular the date, time and place of the investigation ordered and setting out the facts regarding which parties to proceedings, witnesses and experts are to be heard;
(b)
the names of the parties to proceedings and particulars of the rights which the witnesses or experts may invoke under the provisions of Article 62(2), (3) and (4);
(c)
a statement that the party to proceedings, witness or expert may ask to be heard by the competent judicial or other authority in his country of domicile and a request that he inform the Office within a time limit to be fixed by the Office whether he is prepared to appear before it.
3. Before a party to proceedings, a witness or an expert may be heard, he shall be informed that the Office may request the competent judicial or other authority in his country of domicile to re-examine his evidence on oath or in some other binding form.
4. The parties to proceedings shall be informed of the hearing of a witness or expert before a competent judicial or other authority. They shall have the right to be present and to put questions to the testifying parties to proceedings, witnesses and experts, either through the intermediary of the authority or direct.
Article 61
Commissioning of experts
1. The Office shall decide in what form the report to be made by an expert whom it appoints shall be submitted.
2. The mandate of the expert shall contain:
(a)
a precise description of his task;
(b)
the time limit laid down for the submission of the report;
(c)
the names of the parties to the proceedings;
(d)
particulars of the rights which he may invoke under Article 62(2), (3) and (4).
3. For the purposes of the expert’s report, the Office may require the Examination Office having conducted the technical examination of the variety concerned to make available material in accordance with instructions given. If necessary, the Office may also require material from parties to proceedings or third persons.
4. The parties to proceedings shall be provided with a copy and, where appropriate, a translation of any written report.
5. The parties to proceedings may object to an expert. Articles 48(3) and 81(2) of the basic Regulation shall apply mutatis mutandis.
6. Article 13(2) and (3) shall apply mutatis mutandis to the expert appointed by the Office. When appointing the expert, the Office shall inform him of the requirement of confidentiality.
Article 62
Costs of taking evidence
1. The taking of evidence may be made conditional upon deposit with the Office, by the party to proceedings who requested that such evidence be taken, of a sum to be quantified by the Office by reference to an estimate of the costs.
2. Witnesses and experts who are summoned by and who appear before the Office shall be entitled to appropriate reimbursement of expenses for travel and subsistence. An advance may be granted to them.
3. Witnesses entitled to reimbursement under paragraph 2 shall also be entitled to appropriate compensation for loss of earnings, and experts unless members of the staff of the Examination Offices, to fees for their work. Those payments shall be made to the witnesses after the taking of evidence and to the experts after they have fulfilled their duties or tasks.
4. Payments of amounts due pursuant to paragraphs 2 and 3 and in accordance with the details and scales laid down in Annex I shall be made by the Office.
Article 63
Minutes of oral proceedings and of taking of evidence
1. Minutes of oral proceedings and of the taking of evidence shall record the essentials of the oral proceedings or of the taking of evidence, the relevant statements made by the parties to proceedings, the testimony of the parties to proceedings, witnesses or experts and the result of any inspection.
2. The minutes of the testimony of a witness, expert or party to proceedings shall be read out or submitted to him so that he may examine them. It shall be noted in the minutes that this formality has been carried out and that the person who gave the testimony approved the minutes. Where his approval is not given, his objections shall be noted.
3. The minutes shall be signed by the employee who drew them up and by the employee who conducted the oral proceedings or the taking of evidence.
4. The parties to proceedings shall be provided with a copy and, where appropriate, a translation of the minutes.
CHAPTER III
Service
Article 64
General provisions on service
1. In proceedings before the Office, any service of documents to be made by the Office on a party to proceedings shall take the form of the original document, of an uncertified copy thereof or a computer print-out. Documents emanating from other parties to proceedings may be served in the form of uncertified copies.
2. If a procedural representative has been appointed by one or more parties to proceedings, service shall be made on him in accordance with the provisions of paragraph 1.
3. Service shall be made:
(a)
by post in accordance with Article 65;
(b)
by delivery by hand in accordance with Article 66;
(c)
by public notice in accordance with Article 67; or
(d)
by electronic means or any other technical means in accordance with the second subparagraph.
The President of the Office shall determine the details concerning service by electronic means.
4. Documents or copies thereof containing actions for which service is provided for in Article 79 of the basic Regulation shall be served by registered letter with advice of delivery served by postal means; it can also be served by electronic means to be determined by the President of the Office.
Article 65
Service by post
1. Service on addressees not having their domicile or their seat or establishment within the Community and who have not appointed a procedural representative in accordance with Article 82 of the basic Regulation shall be effected by posting the documents to be served by ordinary letter to the addressee’s last address known to the Office. Service shall be deemed to have been effected by posting even if the letter is returned as undeliverable.
2. Where service is effected by registered letter, whether or not with advice of delivery, this shall be deemed to have been delivered to the addressee on the tenth day following its posting, unless the letter has failed to reach the addressee or has reached him on a later day; in the event of any dispute, it shall be for the Office to establish that the letter has reached its destination or to establish the date on which the letter was delivered to the addressee, as the case may be.
3. Service by registered letter, whether or not with advice of delivery, shall be deemed to have been effected even if the addressee refuses to accept the letter or to acknowledge receipt thereof.
4. Where service by post is not covered by paragraphs 1, 2 and 3, the law of the State on the territory of which the service is made shall apply.
Article 66
Service by hand delivery
On the premises of the Office, service of a document may be effected by delivery by hand to the addressee, who shall on delivery acknowledge its receipt. Service shall be deemed to have taken place even if the addressee refuses to accept the document or to acknowledge receipt thereof.
Article 67
Public notice
If the address of the addressee cannot be established, or if service in accordance with Article 64(4) has proved to be impossible even after a second attempt by the Office, service shall be effected by public notice, to be issued in the periodical publication referred to in Article 89 of the basic Regulation. The President of the Office shall determine details as to the issue of a public notice.
Article 68
Irregularities in service
If the Office is unable to prove that a document which has reached the addressee has been duly served, or if provisions relating to its service have not been observed, the document shall be deemed to have been served on the date established by the Office as the date of receipt.
CHAPTER IV
Time limits and interruption of proceedings
Article 69
Computation of time limits
1. Time limits shall be laid down in terms of full years, months, weeks or days.
2. Time limits shall run from the day following the day on which the relevant event occurred, the event being either an action or the expiry of another time limit. Unless otherwise provided, the event considered shall be the receipt of the document served, where the action consists in service.
3. Notwithstanding the provisions of paragraph 2, the time limits shall run from the 15th day following the day of publication of a relevant action, where the action is either the public notice referred to in Article 67, a decision of the Office unless served to the relevant person, or any action of a party to proceedings to be published.
4. When a time limit is expressed as one year or a certain number of years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred; where the relevant subsequent month has no day bearing the same number the time limit shall expire on the last day of that month.
5. When a time limit is expressed as one month or a certain number of months, it shall expire in the relevant subsequent month on the day which has the same number as the day on which the said event occurred; where the relevant subsequent month has no day bearing the same number the period shall expire on the last day of that month.
6. Where a time limit is expressed as one week or a certain number of weeks, it shall expire in the relevant subsequent week on the day having the same name as the day on which the said event occurred.
Article 70
Duration of time limits
Where either the basic Regulation or this Regulation specifies a time limit to be determined by the Office, such a time limit shall be not less than one month and not more than three months. In certain special cases, the time limit may be extended by up to six months upon a request presented before the expiry of such time limit.
Article 71
Extension of time limits
1. If a time limit expires on a day on which the Office is not open for receipt of documents or on which, for reasons other than those referred to in paragraph 2, ordinary mail is not delivered in the locality in which the Office is situated, the time limit shall extend until the first day thereafter on which the Office is open for receipt of documents and on which ordinary mail is delivered. The days referred to in the first sentence shall be as stated and communicated by the President of the Office before the commencement of each calendar year.
2. If a time limit expires on a day on which there is a general interruption or a subsequent dislocation in the delivery of mail in a Member State or between a Member State and the Office, the time limit shall be extended until the first day following the end of the period of dislocation or interruption in the delivery of mail for parties to proceedings having their domicile or seat or establishment in the Member State concerned or having appointed procedural representatives with a seat in that State. Should the Member State concerned be the State in which the Office is located, this provision shall apply to all parties to proceedings. The duration of the period of interruption or dislocation shall be as stated and communicated by the President of the Office.
As regards documents submitted by electronic means, the first subparagraph shall apply mutatis mutandis in cases where there is an interruption of the connection of the Office to the electronic means of communication.
3. Paragraphs 1 and 2 shall apply mutatis mutandis to the national agencies, or the sub-offices designated, pursuant to Article 30(4) of the basic Regulation as well as to the Examination Offices.
Article 72
Interruption of proceedings
1. Proceedings before the Office shall be interrupted:
(a)
in the event of the death or legal incapacity of the applicant for, or holder of, a Community plant variety right or of the applicant for an exploitation right to be granted by the Office or of the person entitled to enjoy such exploitation right, or of the procedural representative of any of those parties; or
(b)
in the event of a supervening legal impediment to such person’s continuation of proceedings before the Office, due to some action taken against his property.
2. When the necessary particulars in respect of the identity of the person authorised to continue proceedings as party thereto or procedural representative have been entered in the relevant register, the Office shall inform such person and the other parties that the proceedings shall be resumed as from the date to be determined by the Office.
3. The time limits in force shall begin afresh as from the day on which proceedings are resumed.
4. The interruption of proceedings shall not affect the pursuit of the technical examination or verification of the variety concerned by an Examination Office where the relevant fees have already been paid to the Office.
CHAPTER V
Procedural representatives
Article 73
Designation of a procedural representative
1. Any designation of a procedural representative shall be communicated to the Office. The communication shall contain the name and address of the procedural representative; Article 2(2) and (3) shall apply mutatis mutandis.
2. Without prejudice to Article 2(4), the communication referred to in paragraph 1 shall also identify as such any employee of the party to proceedings. An employee may not be designated as a procedural representative within the meaning of Article 82 of the basic Regulation.
3. Failure to comply with the provisions of paragraphs 1 and 2 shall lead to the communication being deemed not to have been received.
4. A procedural representative whose mandate has ended shall continue to be considered as procedural representative until the termination of his mandate has been communicated to the Office. Subject to any provisions to the contrary contained therein, a mandate shall however, terminate vis-à-vis the Office upon the death of the person who conferred it.
5. If there are two or more parties to proceedings acting in common, which have not notified a procedural representative to the Office, the party to the proceedings first named in an application for a Community plan variety right or for an exploitation right to be granted by the Office or in an objection shall be deemed to be designated as the procedural representative of the other party or parties to the proceedings.
Article 74
Credentials of procedural representatives
1. Where the appointment of a procedural representative is notified to the Office, the necessary signed credentials shall be presented for inclusion in the files within such period as the Office may specify unless otherwise provided. If the credentials are not filed in due time, any procedural step taken by the procedural representative shall be deemed not to have been taken.
2. Credentials may cover one or more proceedings and shall be filed in the corresponding number of copies. General credentials enabling a procedural representative to act in all the proceedings of the party giving the credentials may be filed. A single document embodying the general credentials shall be sufficient.
3. The President of the Office may determine the contents of, and make available, forms for credentials, including the general credentials referred to in paragraph 2, free of charge.
CHAPTER VI
Apportionment and determination of costs
Article 75
Awards of costs
1. A decision as to costs shall be dealt with in the decision on the revocation or cancellation of a Community plant variety right, or the decision on the appeal.
2. In the case of an award of costs pursuant to Article 85(1) of the basic Regulation, the Office shall set out that award in the statement of the grounds of the decision on the revocation or cancellation of a Community plant variety right, or the decision on the appeal. The parties to proceedings may not plead the omission of that indication.
Article 76
Determination of costs
1. A request for the determination of costs shall be admissible only if the decision has been taken in respect of which the determination of costs is required and if, in the event of an appeal against such decision, the Board of Appeal has decided upon that appeal. A bill of costs, with supporting documents, shall be attached to the request.
2. Costs may be determined once their credibility is established.
3. Where one party to proceedings incurs the costs of another party to the proceedings, it shall not be required to reimburse any costs other than those referred to in paragraph 4. Where the successful party to proceedings is represented by more than one agent, adviser or advocate, the losing party shall bear the costs referred to in paragraph 4 for one such person only.
4. The costs essential to proceedings shall cover:
(a)
costs of witnesses and experts paid by the Office to the witness or expert concerned;
(b)
expenses for travel and subsistence of a party to proceedings and an agent, adviser or advocate duly designated as a procedural representative before the Office, within the relevant scales applicable to witnesses and experts laid down in Annex I;
(c)
remuneration of an agent, adviser or advocate duly designated as the procedural representative of a party to proceedings before the Office, within the scales laid down in Annex I.
Article 77
Settlement of costs
In the event of a settlement of costs referred to in Article 85(4) of the basic Regulation, the Office shall confirm such settlement in a communication to the parties to the proceedings. Where such communication confirms also a settlement as to the amount of costs to be paid, a request for the determination of costs shall be inadmissible.
TITLE V
INFORMATION GIVEN TO THE PUBLIC
CHAPTER I
Registers, public inspection and publications
Section 1
The Registers
Article 78
Entries related to proceedings and to Community plant variety rights, to be entered in the Registers
1. The following ‘other particulars’ referred to in Article 87(3) of the basic Regulation shall be entered in the Register of Applications for Community Plant Variety Rights:
(a)
date of publication where such publication is a relevant event for the computation of time limits;
(b)
any objection, together with its date, the name and address of the objector and those of his procedural representative;
(c)
priority data (date and State of the earlier application);
(d)
any institution of actions in respect of claims referred to in Article 98(4) and Article 99 of the basic Regulation as to entitlement to the Community plant variety right, and the final decision in, or of any other termination of, any such action.
2. The following ‘other particulars’ referred to in Article 87(3) of the basic Regulation shall be entered in the Register of Community Plant Variety Rights, upon request:
(a)
the giving of a Community plant variety right as a security or as the object of any other rights in rem; or
(b)
any institution of actions in respect of claims referred to in Article 98(1) and (2) and Article 99 of the basic Regulation and relating to the Community plant variety right, and the final decision in, or of any other termination of, any such action.
3. The President of the Office shall decide upon the details of the entries to be made and may decide upon further particulars to be entered in the Registers for the purpose of the management of the Office.
The President of the Office shall determine the form of Registers. The Registers may be maintained in the form of an electronic database.
Article 79
Entry of transfer of a Community plant variety right
1. Any transfer of Community plant variety rights shall be entered in the Register of Community Plant Variety Rights on production of documentary evidence of the transfer, or of official documents confirming the transfer, or of such extracts from those documents as suffice to establish the transfer. The Office shall retain a copy of those pieces of documentary evidence in its files.
The President of the Office shall determine the form in and the conditions under which those pieces of documentary evidence are to be retained in the files of the Office.
2. The entry of a transfer may be refused only in the event of failure to comply with the conditions laid down in paragraph 1 and in Article 23 of the basic Regulation.
3. Paragraphs 1 and 2 shall apply to any transfer of an entitlement to a Community plant variety right for which an application has been entered in the Register of Applications for Community Plant Variety Rights. The reference to the Register of Community Plant Variety Rights shall be understood as a reference to the Register of Applications for Community Plant Variety Rights.
Article 80
Conditions for entries in the Registers
Without prejudice to other provisions of the basic Regulation or of this Regulation, a request for an entry or a deletion of an entry in the Registers may be made by any interested person. The request shall be made in writing, accompanied by supporting documents.
Article 81
Conditions for specific entries in the Registers
1. Where a Community plant variety right applied for or granted is concerned by bankruptcy or like proceedings, an entry to this effect shall be made, free of charge, in the Register for Community Plant Variety Rights at the request of the competent national authority. This entry shall also be deleted at the request of the competent national authority, free of charge.
2. Paragraph 1 shall apply mutatis mutandis to the institution of actions in respect of claims referred to in Articles 98 and 99 of the basic Regulation and the final decision in, or of any other termination of, any such action.
3. Where varieties are identified respectively as initial and essentially derived, a request for entry by all the parties to proceedings may be made jointly or separately. In the event of a request from only one party to proceedings, the request shall be accompanied by sufficient documentary evidence of the actions referred to in Article 87(2)(h) of the basic Regulation to replace the request of the other party.
4. Where the entry of a contractual exclusive exploitation right or of a Community plant variety right given as security or as the subject of rights in rem is requested, such request shall be accompanied by sufficient documentary evidence.
Article 82
Public inspection of the Registers
1. The Registers shall be open for public inspection on the premises of the Office.
Access to the Registers and the documents held therein shall be granted under the same terms and conditions as apply to the access to documents held by the Office within the meaning of Article 84.
2. On-the-spot inspection of the Registers shall be free of charge.
The production and delivery of extracts from the Registers in any form that requires the processing or manipulating of data other than the mere reproduction of a document or parts thereof shall be subject to the payment of a fee.
3. The President of the Office may provide for public inspection of the Registers on the premises of national agencies, or sub-offices designated, pursuant to Article 30(4) of the basic Regulation.
Section 2
Keeping of documents, public inspection of documents and varieties grown
Article 83
Keeping of the files
1. Documents, either in the form of originals or copies relating to proceedings shall be kept in files, a file number being attached to such proceedings, except for those documents relating to the exclusion of, or objection to, members of the Board of Appeal, or to the staff of the Office or the Examination Office concerned, which shall be kept separately.
2. The Office shall keep one copy of the file referred to in paragraph 1 (file copy) which shall be considered the true and complete copy of the file. The Examination Office may keep a copy of the documents relating to such proceedings (examination copy), but shall ensure delivery of those originals which the Office does not hold.
3. The original documents filed by parties to the proceedings which form the basis of any electronic files may be disposed of after a period following their reception by the Office.
4. The President of the Office shall determine the details as to the form in which the files are to be kept, the period during which files are to be kept and the period referred to in paragraph 3.
Article 84
Access to documents held by the Office
1. The Administrative Council shall adopt the practical arrangements for access to the documents held by the Office, including the Registers.
2. The Administrative Council shall adopt the categories of documents of the Office that are to be made directly accessible to the public by way of publication, including publication by electronic means.
Article 85
Inspection of the growing of the varieties
1. A request for inspection of the growing of the varieties shall be addressed in writing to the Office. With the consent of the Office, access to the test plots shall be arranged by the Examination Office.
2. Without prejudice to Article 88(3) of the basic Regulation, general access to the test plots by visitors shall not be affected by the provisions of this Regulation, provided that all grown varieties are coded, that appropriate measures against any removal of material are taken by the Examination Office entrusted and are approved by the Office, and that all necessary steps are taken to safeguard the rights of the applicant for, or holder of, a Community plant variety right.
3. The President of the Office may lay down the details of the procedure for the inspection of the growing of the varieties, and may review the safeguards to be provided under paragraph 2.
Article 86
Confidential information
For the purpose of keeping information confidential, the Office shall make available, free of charge, forms to be used by the applicant for a Community plant variety right in order to request the withholding of all data relating to components as referred to in Article 88(3) of the basic Regulation.
Section 3
Publications
Article 87
Official Gazette
1. The publication to be issued at least every two months pursuant to Article 89 of the basic Regulation shall be called the Official Gazette of the Community Plant Variety Office (hereinafter the Official Gazette).
2. The Official Gazette shall also contain the information entered in the Registers pursuant to Article 78(1)(c) and (d), Article 78(2) and Article 79.
3. The President of the Office shall determine the manner in which the Official Gazette is published.
Article 88
Publication of applications for exploitation rights to be granted by the Office and decisions thereon
The date of receipt of an application for an exploitation right to be granted by the Office and of delivery of the decision on such application, the names and addresses of the parties to proceedings and the form of order sought, or decided upon, shall be published in the Official Gazette. In the case of a decision to grant a compulsory licence, the contents of such decision shall likewise be published.
Article 89
Publication of appeals and decisions thereon
The date of receipt of a notice of appeal and of delivery of the decision on such appeal, the names and addresses of the parties to the appeal proceedings and the form of order sought, or decided upon, shall be published in the Official Gazette.
CHAPTER II
Administrative and legal cooperation
Article 90
Communication of information
1. Information to be exchanged in accordance with Article 90 of the basic Regulation shall be communicated directly between the authorities referred to in that provision.
2. The communication of information referred to in Article 91(1) of the basic Regulation by or to the Office may be effected through the competent plant variety offices of the Member States, free of charge.
3. Paragraph 2 shall apply mutatis mutandis to the communication of information referred to in Article 91(1) of the basic Regulation effected to or by the Examination Office. The Office shall receive a copy of such communication.
Article 91
Inspection by or via courts or public prosecutors’ offices of the Member States
1. The inspection of files under Article 91(1) of the basic Regulation shall be of copies of the files issued by the Office exclusively for that purpose.
2. Courts or public prosecutors’ offices of the Member States may, in the course of proceedings before them, lay the documents transmitted by the Office open to inspection by third parties. Such inspection shall be subject to Article 88 of the basic Regulation; the Office shall not charge any fee for it.
3. The Office shall, at the time of transmission of the files to the courts or public prosecutor’s offices of the Member States, indicate the restrictions to which the inspection of documents relating to applications for, or to grants of Community plant variety rights is subject pursuant to Article 88 of the basic Regulation.
Article 92
Procedure for letters rogatory
1. Each Member State shall designate a central authority which will undertake to receive letters rogatory issued by the Office and to transmit them to the court or authority competent to execute them.
2. The Office shall draw up letters rogatory in the language of the competent court or authority or shall attach to such letters a translation into that language.
3. Subject to paragraphs 4 and 5, the competent court or authority shall apply its own law as to the procedures to be followed in executing such requests. In particular, it shall apply suitable coercive measures in accordance with its law.
4. The Office shall be informed of the time when, and the place where, the enquiry or other legal measures is to take place and shall inform the parties to proceedings, witnesses and experts concerned.
5. If so requested by the Office, the competent court or authority shall permit the attendance of the staff of the Office concerned and allow them to question any person giving evidence, either directly or through the competent court or authority.
6. The execution of letters rogatory shall not give rise to any charge of fees or to costs of any kind. Nevertheless, the Member State in which letters rogatory are executed shall have the right to require the Office to reimburse any fees paid to experts and interpreters and the costs arising from the procedure under paragraph 5.
TITLE VI
FINAL PROVISIONS
Article 93
Regulation (EC) No 1239/95 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
Article 94
Entry into force
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, 17 September 2009.
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COMMISSION REGULATION (EC) No 2863/95 of 12 December 1995 amending Regulation (EC) No 1567/95 opening and providing for the administration of a Community tariff quota for the second half of 1995 for products falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 originating in Thailand
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 organization of the market in cereals (1), as last amended by Regulation (EC) No 1863/95 (2), and in particular Article 12 (4) thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustment and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (3), and in particular Article 3 thereof,
Whereas the Community has guaranteed Thailand access to the Community market for 21 000 000 tonnes of the products falling within CN codes 0714 10 10, 0714 10 91 and 0714 10 99 for a period of four years and for an annual maximum of 5 500 000 tonnes; whereas to this end Commission Regulation (EC) No 1567/95 (4) opens a tariff quota for the second half of 1995;
Whereas Council Regulation (EC) No 3191/94 of 19 December 1994 amending Regulation (EEC) No 430/87 concerning the import arrangements applicable to certain products covered by CN codes 0714 10 and 0714 90 and originating in certain third countries (5) opens for the first half of 1995 a quota for the products in question originating in Thailand; whereas this quota, added to that opened for the second half of 1995 by Regulation (EC) No 1567/95 above, amounts exactly to 5 500 000 tonnes;
Whereas in order to comply with the Community's international commitments it is necessary to guarantee for the whole of 1995 access to the Community market for 5 500 000 tonnes of the products in question and to cancel the effects of the division into two six-monthly quotas of the overall quota for 1995; whereas it is therefore necessary to add the quantity not imported in the first half of 1995 to the quantity provided for the second half of 1995;
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
In Article 1 (1) of Regulation (EC) No 1567/95 '2 875 000 tonnes` is replaced by '3 785 448,6 tonnes`.
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, 12 December 1995.
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Commission Regulation (EC) No 1232/2003
of 10 July 2003
altering the export refunds on white sugar and raw sugar exported in the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular the third subparagraph of Article 27(5) thereof,
Whereas:
(1) The refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1188/2003(3).
(2) It follows from applying the detailed rules contained in Regulation (EC) No 1188/2003 to the information known to the Commission that the export refunds at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 1188/2003 are hereby altered to the amounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 11 July 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 2003.
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COUNCIL REGULATION (EEC) No 1262/84
of 10 April 1984
concerning the conclusion of the International Convention on the Harmonization of Frontier Controls of Goods
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the recommendation 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 the International Convention on the Harmonization of Frontier Controls of Goods, concluded at Geneva on 21 October 1982, introduces provisions intended to facilitate the international movement of goods, to contribute to the progressive abolition of barriers to trade and to promote the development of world trade, thus attaining objectives consistent with those of the commercial policy of the European Economic Community;
Whereas the Convention allows inter alia the Community on the one hand to apply its own legislation to checks carried out at its own internal frontiers and, on the other hand, as regards questions within its competence, to exercise on its own behalf the rights and to fulfil the responsibilities which the said Convention confers on its Member States which are Contracting Parties thereto;
Whereas the International Convention on the Harmonization of Frontier Controls of Goods should therefore be approved on behalf of the Community,
HAS ADOPTED THIS REGULATION:
Article 1
The International Convention on the Harmonization of Frontier Controls of Goods is hereby approved on behalf of the European Economic Community.
The Community shall apply the Convention to the controls carried out at its external frontiers in accordance with Article 15 of the Convention.
The text of the Convention is attached to this Regulation.
Article 2
The President of the Council is hereby authorized to deposit, on behalf of the Community, the instrument of ratification in accordance with Article 16 (3) (a) of the Convention (3).
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 April 1984.
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COUNCIL REGULATION (EC) No 3374/94
of 20 December 1994
laying down for 1995 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Poland and the Russian Federation
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (1), and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with Article 124 of the 1994 Act of Accession, fisheries agreements concluded by the Kingdom of Sweden with third countries shall be managed by the Community;
Whereas, in accordance with the procedure provided for in the agreement on fisheries of 1 February 1978, the Kingdom of Sweden and the Republic of Poland have held consultations concerning their mutual fishing rights for 1995;
Whereas, in accordance with the procedure provided for in the agreement on fisheries of 11 December 1992, the Kingdom of Sweden and the Russian Federation have held consultations concerning their mutual fishing rights for 1995;
Whereas, in the course of these consultations, the delegations agreed to recommend to their respective authorities that certain catch quotas for 1995 should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1995, the results of the consultations held with Poland and the Russian Federation;
Whereas it is for the Council to lay down the specific conditions under which catches by vessels flying the flag of Poland and the Russian Federation must be taken;
Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Council Regulation No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (2);
Whereas Article 3 (2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (3) provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a document certified by a competent authority and indicating the calibration of the tanks in cubic metres at 10-centimetre intervals,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 January to 31 December 1995:
(a) vessels flying the flag of Poland are hereby authorized to fish for the species listed in Annex I, in the 200-nautical-mile fishing zone of the Member States in the Baltic Sea;
(b) vessels flying the flag of the Russian Federation are hereby authorized to fish for the species listed in Annex II, in the 200-nautical-mile fishing zone of the Member States in the Baltic Sea;
within the geographical and quantitative limits laid down in these Annexes and in accordance with this Regulation.
2. Fishing authorized under paragraph 1 shall be limited to those parts of the 200-nautical-mile fishing zone lying seawards of 12-nautical-miles from the baselines from which the fishing zones of Member States are measured.
3. Notwithstanding paragraph 1, unavoidable by-catches of a species for which no quota is established in a zone shall be permitted within the limits fixed in the conservation measures in force in the zone concerned.
4. By-catches in a given zone of a species for which a quota is established in that zone shall be counted against the quota concerned.
Article 2
1. Vessels fishing within the quotas fixed in Article 1 shall comply with the conservation and control measures and all other provisions governing fishing in the zones referred to in that Article. Vessels fishing within the Baltic Sea shall also comply with the Fishery Rules of the International Baltic Sea Fishery Commission as amended during the 20th Session.
2. The vessels referred to in paragraph 1 shall keep a log-book in which the information set out in Annex III shall be entered.
3. The vessels referred to in paragraph 1 shall transmit to the Commission, in accordance with the rules laid down in Annex IV, the information set out in that Annex.
4. Those vessels referred to in paragraph 1 which have chilled or refrigerated sea-water tanks shall keep on board a document certified by a competent authority and indicating the calibration of the tanks in cubic metres at 10-centimetre intervals.
5. The registration letters and numbers of the vessels referred to in paragraph 1 must be clearly marked on the bow of each vessel on both sides.
Article 3
1. Fishing under the quotas fixed in Article 1 shall be permitted only where a licence and a special fishing permit has been issued by the Commission on behalf of the Community at the request of the Polish and Russian authorities and in compliance with the conditions set out in Annexes III and IV. Copies of these Annexes and the licence and a special fishing permit shall be kept on board of each vessel.
The vessels to be licensed for fishing in the Community zone during a given month will be notified at the latest by the 10th day of the preceding month. The Community shall process expeditiously requests for adjustments to a monthly list during is currency.
However, for fishing in the fishing zone of Finland, only a yearly list of vessels to be lincensed shall be established.
2. When an application for a licence and a special fishing permit is submitted to the Commission, the following information must be supplied:
(a) name of vessel;
(b) registration number;
(c) external identification letters and numbers;
(d) port of registration;
(e) name and address of the owner or charterer;
(f) gross tonnage and overall length;
(g) engine power;
(h) call sign and radio frequency;
(i) intended method of fishing;
(j) intended area of fishing;
(k) species for shich it is intended to fish;
(l) period for which a licence and a special fishing permit are requested.
3. Licences and special fishing permits shall be issued provided that the number of licences and special fishing permits valid at any time during a given month or year does not exceed the amounts mentioned in Annex I and II.
4. Only fishing vessels under 40 metres will be authorized. However, in the fishing zone of Sweden up to 47 metres will be authorized.
5. Each licence and special fishing permit shall be valid for one vessel only. Where two or more vessels are taking part in the same fishing operation, each vessel must be in possession of a licence and special fishing permit.
6. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day before the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.
7. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the respective quotas fixed in Artikel 1 have been exhausted.
8. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.
9. For a period not exceeding 12 months, no licence and special fishing permit shall be issued for any vessel in respect of which the obligations laid down in this Regulation have not been met.
10. The Commission shall submit, on behalf of the Community, to Poland and the Russian Federation the names and characteristics of their respective vessels which will not be authorized to fish in the Community's fishing zone for the next month(s) as a consequence of an infringement of Community rules.
Article 4
Vessels authorized to fish on 31 December may continue fishing as from the beginning of next year until the lists of vessels permitted to fish during the year in question are submitted to and approved by the Commission on behalf of the Community.
Article 5
This Regulation shall enter into force for each new Member State on the date of Accession.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 1994.
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Commission Regulation (EC) No 2198/2003
of 16 December 2003
amending Regulation (EC) No 464/1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid arrangements for prunes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the market in products processed from fruit and vegetables(1), as last amended by Commission Regulation (EC) No 453/2002(2), and in particular Article 6c(7) thereof,
Whereas:
(1) Commission Regulation (EC) No 464/1999(3) lays down detailed rules for the application of Regulation (EC) No 2201/96 as regards aid arrangements for prunes.
(2) To make the minimum price system more rigorous, it should be specified that the waste content should not be taken into account when calculating the price to be paid by processors.
(3) The control mechanisms for the prune production aid scheme should be improved by clarifying the rules for the raw material checks to be carried out by the Member States.
(4) Regulation (EC) No 464/1999 should therefore be amended.
(5) 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
Regulation (EC) No 464/1999 is hereby amended as follows:
1. Article 2 is replaced by the following:
"Article 2
To qualify for payment of the aid referred to in Article 6a of Regulation (EC) No 2201/96, prunes must comply with the characteristics set out in Annex I(B) and have been obtained from dried plums complying with the characteristics set out in Annex I(A) for which the minimum price has been paid in full, on the basis of the quantities delivered free from waste."
2. Article 6 is replaced by the following:
"Article 6
Member States shall take the necessary steps to satisfy themselves, in particular by checking stock records, that the overall quantities marketed or held in stock by each processor match the quantities for which aid is paid."
3. Point 3 of Section I of Annex I(B) is replaced by the following:
"3. The lots of prunes must be checked by the processor when they arrive on the processor's premises, in the presence of a representative of the producer organisation, and must be size-graded unless intended for industrial use."
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, 16 December 2003.
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COUNCIL DIRECTIVE
of 8 December 1969
on control of Potato Wart Disease
(69/464/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee;
Whereas potato production occupies an important place in Community agriculture;
Whereas the potato yield is constantly threatened by harmful organisms;
Whereas, through the protection of potato cultivation against such harmful organisms, not only should productive capacity be maintained but also agricultural productivity increased;
Whereas protective measures to prevent the introduction of harmful organisms into individual Member States would have only a limited effect if such organisms were not controlled simultaneously and methodically throughout the Community and were not prevented from spreading;
Whereas one of the organisms most harmful to potatoes in Synchytrium endobioticum (Schilb.) Perc., the pathogenic agent of the cryptogamic ‘Potato Wart’ disease;
Whereas this disease has occurred in several Member States and some limited sources of infection exist within the Community;
Whereas there is a permanent risk to potato cultivation throughout the Community if effective measures are not taken to control this disease and prevent it from spreading;
Whereas, in order to eradicate this harmful organism, minimum provisions must be adopted for the Community; whereas Member States must be able to adopt additional or stricter provisions where necessary;
Whereas potato varieties which are resistant to certain races of this organism play an important role; whereas their use, particularly in the safety zones surrounding contaminated plots, is of prime importance; whereas it is therefore in the general interest to publish periodic lists of such varieties;
Whereas, for determining the presence of contamination and the resistance of varieties, it appears necessary to apply appropriate methods to which Member States raise no objection;
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns the minimum measures to be taken within the Member States to control Potato Wart Disease and to prevent this cryptogamic disease from spreading.
Article 2
1. When an occurrence of Synchytrium endobioticum (Schilb.) Perc., the pathogenic agent of Potato Wart Disease is recorded, Member States shall demarcate the contaminated plot and a safety zone large enough to ensure the protection of surrounding areas.
2. A plot shall be regarded as being contaminated when symptoms of Potato Wart Disease have been found on at least one plant from that plot.
Article 3
The Member States shall provide that potato tubers and haulms which came from contaminated plots be treated in such a way that the harmful organism is destroyed. If it is no longer possible to determine the place from which contaminated tubers and haulms came, the whole of the batch in which the contaminated tubers or haulms have been found must be treated.
Article 4
The Member States shall provide that on contaminated plots:
(a)
no potatoes may be grown;
(b)
no plant intended for transplanting may be grown, stored in the ground or otherwise.
Article 5
1. The Member States shall provide that in the safety zone potatoes may be grown only if they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot.
2. A potato variety shall be regarded as being resistant to a particular race of Synchytrium endobioticum when it reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.
Article 6
The Member States shall revoke the measures taken to control Potato Wart Disease or to prevent it from spreading only if Synchytrium endobioticum is no longer found to be present.
Article 7
The Member States shall prohibit the holding of cultures of Synchytrium endobioticum.
Article 8
Member States may authorise derogations from the measures referred to in Articles 3, 4, 5 and 7 for scientific purposes, tests and selection work provided that such derogations do not prejudice the control of Potato Wart Disease and create no risk of the spread of this disease.
Article 9
Member States may adopt such additional or stricter provisions as may be required to control Potato Wart Disease or to prevent it from spreading;
Article 10
1. The Member States shall communicate to the Commission before 1 January each year a list of all the varieties of potato accepted by them for marketing and which they have found, by official investigation, to be resistant to Synchytrium endobioticum. They shall state the races to which the varieties are resistant.
2. The Commission shall ensure that a list of resistant varieties, based on the communications from the Member States, is published each year, if possible before 1 February.
Article 11
The Member State shall ensure that contamination by Synchytrium endobioticum and the resistance of potato varieties to this organism are determined by appropriate methods to which Member States raise no objection.
Article 12
Member States shall bring into force the measures necessary to comply with this Directive within two years following its notification and shall forthwith inform the Commission thereof.
Article 13
This Directive is addressed to the Member States.
Done at Brussels, 8 December 1969.
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Commission Regulation (EC) No 94/2003
of 20 January 2003
fixing the minimum selling prices for beef put up for sale under the third invitation to tender referred to in Regulation (EC) No 2048/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as last amended by Commission Regulation (EC) No 2345/2001(2), and in particular Article 28(2) thereof,
Whereas:
(1) Tenders have been invited for certain quantities of beef fixed by Commission Regulation (EC) No 2048/2002(3).
(2) Pursuant to Article 9 of Commission Regulation (EEC) No 2173/79(4), as last amended by Regulation (EC) No 2417/95(5), the minimum selling prices for meat put up for sale by tender should be fixed, taking into account tenders submitted.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
The minimum selling prices for beef for the third invitation to tender held in accordance with Regulation (EC) No 2048/2002 for which the time limit for the submission of tenders was 14 January 2003 are as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 21 January 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 January 2003.
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