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COMMISSION REGULATION (EC) No 2582/1999
of 7 December 1999
opening tariff quotas for the year 2000 for imports into the European Community of products originating in Estonia and Lithuania
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), as last amended by Commission Regulation (EC) No 2491/98(2), and in particular Article 7(2) thereof,
Having regard to Council Decision 1999/86/EC of 18 May 1998 on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements(3), and in particular Articles 1 and 5 of that Protocol,
Having regard to Council Decision 98/677/EC of 18 May 1998 on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Lithuania, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements(4), and in particular Articles 2 and 6 of that Protocol,
Whereas:
(1) Protocol 2 on trade in processed agricultural products, as amended by the Protocol adjusting the Europe Agreement with the Republic of Estonia, provides for the granting of annual tariff quotas for imports of products originating in Estonia;
(2) Protocol 2 on trade in processed agricultural products, as amended by the Protocol adjusting the Europe Agreement with the Republic of Lithuania, provides for the granting of annual tariff quotas for imports of products originating in Lithuania;
(3) 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(5), as last amended by Regulation (EC) No 1662/1999(6), 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;
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Commitee for horizontal questions concerning trade in processed agricultural products not listed in Annex I,
HAS ADOPTED THIS REGULATION:
Article 1
The annual quotas for products originating in Estonia and Lithuania set out in Annexes I and II respectively to this Regulation are hereby opened from 1 January 2000 to 31 December 2000 under the conditions set out in the said Annexes.
Article 2
The Community tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with the provisions of Articles 308(a) to (c) of Regulation (EEC) No 2454/93.
Article 3
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 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 December 1999.
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COMMISSION REGULATION (EEC) No 2675/91 of 9 September 1991 correcting Regulation (EEC) No 1157/91 amending Regulation (EEC) No 570/88 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs and amending Regulation (EEC) No 569/88
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 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 1630/91 (2), and in particular Articles 6 (7), 7a (3), 12 (3) and 28 thereof,
Whereas Commission Regulation (EEC) No 570/88 (3), as last amended by Regulation (EEC) No 1157/91 (4), provides for the sale of butter at reduced prices and the possibility of obtaining aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs;
Whereas the second subparagraph of point (b) of Article 12 of Regulation (EEC) No 570/88 provides that where the successful tenderer processes different products attracting an aid or price reduction, separate accounts must be kept in respect of each provision of each regulation; whereas that subparagraph was deleted by mistake by Regulation (EEC) No 1157/91; whereas Regulation (EEC) No 1157/91 should accordingly be corrected in this respect;
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
In Article 1 (9) of Regulation (EEC) No 1157/91 '(a) point (b) is replaced by the following:' is hereby replaced by '(a) the first subparagraph of point (b) is replaced by the following:'.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 1991.
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COUNCIL DECISION
of 21 June 1988
approving amendments to the statutes (Gesellschaftsvertrag) of the 'Kernkraftwerk RWE-Bayernwerk GmbH' (KRB) joint undertaking
(88/350/Euratom)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 50 thereof,
Having regard to the proposal from the Commission,
Whereas, by Decision 63/27/Euratom (1), the Council established the 'Kernkraftwerk RWE-Bayernwerk GmbH' (KRB) as a joint undertaking;
Whereas the general meeting of the joint undertaking decided on 1 December 1987 to amend the company statutes in order to take account, on the one hand, of the shift of its annual accounting period (from 1 July to 30 June instead of from 1 January to 31 December) and certain adjustments required by the law on the application of the directives governing commercial undertakings which entered into force on 1 January 1986 and, on the other hand, of the power-station decommissioning and dismantling activities currently in progress;
Whereas this amendment does not prejudice the provisions governing the joint undertaking; whereas it should consequently be approved,
HAS ADOPTED THIS DECISION:
Article 1
The amended statutes of the 'Kernkraftwerk RWE-Bayernwerk GmbH' (KRB) joint undertaking appended to this Decision are hereby approved.
Article 2
This Decision is addressed to the Member States and the KRB joint undertaking.
Done at Luxembourg, 21 June 1988.
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COUNCIL DECISION
of 24 June 2005
appointing a member of the Committee of the Regions
(2005/478/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
Having regard to the proposal from the United Kingdom Government,
Whereas:
(1)
On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006.
(2)
A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Derek BODEN,
HAS DECIDED AS FOLLOWS:
Article 1
Mr Dave QUAYLE
Member of the North West Regional Assembly
(Trafford Metropolitan Borough Council)
is hereby appointed a member of the Committee of the Regions in place of Mr Derek BODEN for the remainder of his term of office, which runs until 25 January 2006.
Article 2
This Decision shall be published in the Official Journal of the European Union.
It shall take effect on the date of its adoption.
Done at Luxembourg, 24 June 2005.
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DECISION OF THE EUROPEAN CENTRAL BANK
of 17 November 2005
on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States
(ECB/2005/11)
(2005/831/EC)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 33 thereof,
Whereas:
(1)
In order to allow funds to be allocated to a provision for foreign exchange rate, interest rate and gold price risks, it is necessary to recast Decision ECB/2002/9 of 21 November 2002 on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States (1). Furthermore, for operational reasons, it is more appropriate to distribute the income of the European Central Bank (ECB) on euro banknotes in circulation only once for each financial year, instead of each quarter.
(2)
Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (2) establishes the allocation of euro banknotes in circulation to the national central banks (NCBs) in proportion to their paid-up shares in the ECB’s capital. Article 4 of Decision ECB/2001/15 and the Annex to that Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The ECB holds intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.
(3)
Under Article 2(2) of Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (3), the intra-Eurosystem balances on euro banknotes in circulation are remunerated at the reference rate. Under Article 2(3) of Decision ECB/2001/16, this remuneration is settled by TARGET payments.
(4)
Recital 6 to Decision ECB/2001/16 states that the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.
(5)
In distributing the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation, the ECB should take into account an estimate of its financial result for the year that makes due allowance for the need to allocate funds to a provision for foreign exchange rate, interest rate and gold price risks, and for the availability of provisions that may be released to offset anticipated expenses.
(6)
In determining the amount of the ECB’s net profit to be transferred to the general reserve fund pursuant to Article 33.1 of the Statute, the Governing Council should consider that any part of that profit which corresponds to income on euro banknotes in circulation should be distributed to the NCBs in full,
HAS DECIDED AS FOLLOWS:
Article 1
Definitions
For the purposes of this Decision:
(a)
‘participating Member States’ shall mean Member States which have adopted the euro in accordance with the Treaty establishing the European Community;
(b)
‘NCBs’ shall mean national central banks of participating Member States;
(c)
‘intra-Eurosystem balances on euro banknotes in circulation’ shall mean the claims and liabilities arising between a NCB and the ECB and between a NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2001/15;
(d)
‘ECB’s income on euro banknotes in circulation’ shall mean the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation as a result of the application of Article 2 of Decision ECB/2001/16.
Article 2
Interim distribution of the ECB’s income on euro banknotes in circulation
1. The ECB’s income on euro banknotes in circulation shall be due in full to the NCBs in the same financial year it accrues and shall be distributed to the NCBs in proportion to their paid-up shares in the subscribed capital of the ECB.
2. The ECB shall distribute to the NCBs its income on euro banknotes in circulation earned in each financial year on the second working day of the following year.
3. The amount of the ECB’s income on euro banknotes in circulation may be reduced in accordance with any decision by the ECB's Governing Council on the basis of the Statute in respect of expenses incurred by the ECB in connection with the issue and handling of euro banknotes.
Article 3
Derogation from Article 2
In derogation from Article 2:
1.
the Governing Council shall decide before the end of the financial year not to distribute part or all of the ECB’s income on euro banknotes in circulation in accordance with Article 2 to the extent necessary to ensure that the amount of the distributed income does not exceed the ECB’s net profit for that year if on the basis of a reasoned estimate prepared by the Executive Board the Governing Council expects that the ECB will have an overall annual loss or will make an annual net profit that is less than the estimated amount of its income on euro banknotes in circulation;
2.
the Governing Council may decide before the end of the financial year to transfer part or all of the ECB’s income on euro banknotes in circulation to a provision for foreign exchange rate, interest rate and gold price risks.
Article 4
Final provisions
1. Decision ECB/2002/9 is repealed. References to the repealed Decision shall be construed as references to this Decision.
2. This Decision shall enter into force one day following its adoption.
Done at Frankfurt am Main, 17 November 2005.
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COMMISSION DECISION
of 26 February 1988
concerning the conclusion of an Agreement of participation in the International Thermonuclear Experimental Reactor (ITER) Conceptual Design Activities, by the European Atomic Energy Community, with Japan, the Union of Soviet Socialist Republics, and the United States of America, by the Commission for and on behalf of the Community
(88/229/Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 (2) thereof,
Whereas the Council, in its decision of 8 February 1988, approved the conclusion of the Agreement of participation by the European Atomic Energy Community in the International Thermonuclear Experimental Reactor (ITER) Conceptual Design Activities, with Japan, the Union of Soviet Socialist Republics, and the United States of America,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement of participation by the European Atomic Energy Community in the International Thermonuclear Experimental Reactor (ITER) Conceptual Design Activities, with Japan, the Union of Soviet Socialist Republics, and the United States of America shall be concluded on behalf of the Community.
The text of the Agreement is appended to this Decision.
Article 2
The President of the Commission is empowered to designate the person authorized to reply to the Director-General of the International Atomic Energy Agency (part B of the Agreement of participation) for the purpose of committing the European Atomic Energy Community.
Done at Brussels, 26 February 1988.
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COUNCIL REGULATION (EEC) No 2113/87
of 13 July 1987
amending Regulation (EEC) No 1938/81 on a common measure to accelerate the improvement of public amenities in certain less-favoured agricultural areas of the Federal Republic of Germany
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Article 11 (1) of Regulation (EEC) No 1938/81 (3), as last amended by Regulation (EEC) No 3768/85 (4), provides that the common measure is to run for five years from the entry into force of the Regulation; whereas that period expired on 23 July 1986; whereas paragraph 2 of the said Article provides for a review of the Regulation by the Council acting on a proposal by the Commission;
Whereas projects submitted in accordance with the outline programme approved by Decision 82/107/EEC (5) could not be implemented because of the shortage of commitment appropriations in the Community budget in 1986; whereas the duration of the common measure in question should therefore be extended by one year so that its objectives can be achieved;
Whereas the shortage of appropriations at Community level means that the application for aid must be carried forward again; whereas the restrictions referred to in the second subparagraph of Article 14 of Regulation (EEC) No 1938/81 are therefore no longer applicable in the final phase of the common measure,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1938/81 is hereby amended as follows:
1. Article 11 (1) is replaced by the following:
'1. The period envisaged for carrying out the common measure is six years from the date of entry into force of this Regulation .'
2. The second subparagraph of Article 14 is replaced by the following:
'Requests for carrying forward applications must be made to the Commission within 30 days of the date on which the Member State was notified of the result of the procedure laid down in Article 15.'
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 Luxembourg, 13 July 1987.
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Commission Regulation (EC) No 493/2002
of 19 March 2002
amending Council Regulation (EEC) No 2771/75 on the common organisation of the market in eggs and Council Regulation (EEC) No 2777/75 on the common organisation of the market in poultrymeat as regards the Combined Nomenclature codes of certain products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products(1), as last amended by Regulation (EC) No 3290/94(2), and in particular Article 2(1) thereof,
Whereas:
(1) Commission Regulation (EC) No 2031/2001 of 6 August 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff(3) amends the Combined Nomenclature for certain products.
(2) Annex I to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs(4), as last amended by Commission Regulation (EC) No 1516/96(5), and Article 1(1) of Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat(6), as last amended by Commission Regulation (EC) No 2916/95(7), should consequently be amended.
(3) The amendments should apply from the date of application of Regulation (EC) No 2031/2001.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
In Annex I to Regulation (EEC) No 2771/75, the line: TABLE "
is replaced by the following: TABLE "
and TABLE "
Article 2
In Article 1(1) of Regulation (EEC) No 2777/75, CN codes " 0210 90 71 and 0210 90 79 " are replaced by CN codes " 0210 99 71 and 0210 99 79 ".
Article 3
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2002.
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COMMISSION REGULATION (EC) Νo 1040/2004
of 27 May 2004
fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2), and in particular Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EEC) No 1766/92 and Article 13 of Regulation (EC) No 3072/95 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.
(2)
Article 13 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 cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.
(3)
Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.
(4)
The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.
(5)
There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.
(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)
The refund must be fixed once a month. It may be altered in the intervening period.
(8)
Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.
(9)
The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(1)(d) of Regulation (EEC) No 1766/92 and in Article 1(1)(c) of Regulation (EC) No 3072/95 and subject to Regulation (EC) No 1518/95 are hereby fixed as shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 28 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2004.
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COUNCIL REGULATION (EC) No 3067/95
of 21 December 1995
amending Regulation (EEC) No 1956/88 adopting provisions for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Regulation (EEC) No 1956/88 (3) implements the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization (NAFO) Fisheries Commission on 10 February 1988;
Whereas in the interest of improving control and enforcement in the NAFO Regulatory Area, the European Community has agreed both in the framework of the Agreement on Fisheries with Canada of 20 April 1995 and at the recent meeting of the Fisheries Commission on 11 to 15 September 1995 to modify the said Scheme of Joint International Inspection;
Whereas, pursuant to Article XI of the NAFO Convention, these changes will, in the absence of objections, become binding upon the Contracting Parties as from November 1995;
Whereas it is therefore necessary to amend Regulation (EEC) No 1956/88,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1956/88 is hereby amended as follows:
1. The following shall be added to paragraph 2 (ii) of the Annex as a second subparagraph:
'Inspections of vessels shall be carried out in a non-discriminatory manner. The number of inspections shall be based upon fleet size, taking into account their compliance records. Contracting Parties shall ensure that their inspectors take special care to avoid damage to the cargo or to the gear inspected. Interference with both fishing and non fishing activities shall be minimised. Crews and vessels operating in conformity with NAFO Conservation and Enforcement Measures shall not be subject to harassment. Inspections shall be carried out only for the purpose of ascertaining that the said NAFO rules are respected.'
2. The following shall be inserted as new paragraphs 9 and 10 of the Annex and the existing paragraphs 9 to 15 shall be renumbered as paragraphs 11 to 17 respectively.
'9. The following apparent infringements shall be subject to the procedures set out in paragraph 10:
(i) misreporting of catches;
(ii) mesh size violations;
(iii) hail system violations;
(iv) interference with the satellite tracking system;
(v) preventing an inspector or an observer from carrying out his or her duties;
(vi) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited.
10. Notwithstanding paragraphs 7 and 8:
(i) If a NAFO inspector cites a vessel for having committed, to a serious extent, an apparent infringement as listed in paragraph 9, the Contracting Party of the vessel shall ensure that the vessel concerned is inspected within 72 hours by an inspector duly authorized by that Contracting Party. In order to preserve the evidence, the NAFO inspector shall take all necessary measures to ensure security and continuity of the evidence, and may remain on board the vessel, for the period necessary to provide information to the duly authorized inspector concerning the apparent infringement.
(ii) Where justified, the competent authority of the Flag Member State or the inspector authorized by the said authority of the vessel concerned shall, where duly authorized to do so, require the vessel to proceed immediately to a nearby port, chosen by the Master, which should be one of the following, St. John's, Halifax, the home port of the vessel or a port designated by the Flag Member State, for a thorough inspection under the authority of the Flag Member State and in presence of a NAFO inspector from any other Contracting Party that wishes to participate. If the vessel is not called to port, the Contracting Party must provide due justification in a timely manner to the Executive Secretary who shall make it available on request to any Contracting Party.
(iii) Where a NAFO inspector cites a vessel for having committed an apparent infringement as listed in paragraph 9, the inspector shall immediately report this to the competent authority of the Flag Member State and to the Executive Secretary, who shall in turn immediately report, for information purposes, to the other Contracting Parties with an inspection vessel in the Convention Area.
(iv) Where a vessel is required to proceed to port for a thorough inspection pursuant to paragraph (ii), a NAFO inspector from another Contracting Party may, subject to the consent of the Contracting Party of the vessel, board the vessel as it is proceeding to port, may remain on board the vessel as it proceeds to port and may be present during the inspection of the vessel in port.
(v) If an apparent infringement of the Conservation and Enforcement Measures has been detected which in the view of the duly authorized inspector of the Contracting Party of the vessel as referred to in (ii) is sufficiently serious, that inspector shall take all necessary measures to ensure security and continuity of the evidence including, as appropriate, sealing the vessel's hold for eventual dockside inspection.'
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirely and directly applicable in all Member States.
Done at Brussels, 21 December 1995.
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COUNCIL REGULATION (EEC) No 3874/88
of 12 December 1988
amending Regulation (EEC) No 1654/86 introducing a common measure for replanting and converting olive groves damaged by frost in 1985 in certain regions of the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1654/86 of 26 May 1986 introducing a common measure for replanting and converting olive groves damaged by frost in 1985 in certain regions of the Community (1), and in particular Article 5 (6) thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 2 of Regulation (EEC) No 1654/86, some of the regions concerned have organized special programmes for the implementation of the common measure set up by the said Regulation;
Whereas frost in the winter of 1985 destroyed much of the olive nurseries and whereas, accordingly, the effort to reconstitute the groves was severely delayed because of a serious shortage of young seedlings;
Whereas the areas in which reconstitution takes the form of replanting are those that suffered most from frost;
Whereas conversion work has been incomplete and whereas it should be pursued in view of the need to ensure types of production tailored more closely to the requirements of the common agricultural policy;
Whereas, if the problems taken as a whole raised by the delays in implementing the common measure are to be solved and the objectives of Regulation (EEC) No 1654/86 are to be achieved, the common measure should be extended by one year as regards action to reconstitute the olive groves by replanting and olive grove conversion;
Whereas the programmes approved by the Commission must remain in force during the extension period as regards those parts relating to the reconstitution of olive groves by replanting or conversion,
HAS ADOPTED THIS REGULATION:
Article 1
Article 5 of Regulation (EEC) No 1654/86 is hereby amended as follows:
1. The following subparagraph shall be added to paragraph 5:
'However, as regards the application of the measures:
- for reconstitution of olive groves by replanting which are eligible for the aids referred to in the first indent and the fifth indent of the first subparagraph of paragraph 1,
- for conversion of olive groves which are eligible for the aids referred to in the first and second subparagraphs of paragraph 2
the common measure shall last three years from the date of approval of the first programme and shall come to an end, in any event, on 30 June 1989.'
2. Paragraph 6 is hereby deleted.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 1988.
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COMMISSION DIRECTIVE 2008/77/EC
of 25 July 2008
amending Directive 98/8/EC of the European Parliament and of the Council to include thiamethoxam as an active substance in Annex I thereto
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes thiamethoxam.
(2)
Pursuant to Regulation (EC) No 1451/2007, thiamethoxam has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.
(3)
Spain was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 27 July 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.
(4)
The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 22 February 2008, in an assessment report.
(5)
It appears from the examinations made that biocidal products used as wood preservatives and containing thiamethoxam may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include thiamethoxam in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing thiamethoxam can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.
(6)
However, unacceptable risks were identified for the in situ treatment of wood outdoors and for treated wood exposed to weathering. Therefore, authorisations for these uses should not be granted unless data have been submitted in order to demonstrate that the products can be used without unacceptable risks to the environment.
(7)
In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing thiamethoxam and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks in these compartments have been identified during the evaluation and products intended for industrial and/or professional use should be used with appropriate protective equipment if the risk identified for industrial and/or professional users cannot be reduced by other means.
(8)
It is important that the provisions of this Directive be applied simultaneously in all the Member States in order to ensure equal treatment of biocidal products on the market containing the active substance thiamethoxam and also to facilitate the proper operation of the biocidal products market in general.
(9)
A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements entailed and to ensure that applicants who have prepared dossiers can benefit fully from the 10-year period of data protection, which, in accordance with Article 12(1)(c)(ii) of Directive 98/8/EC, starts from the date of inclusion.
(10)
After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product type 8 containing thiamethoxam to ensure that they comply with Directive 98/8/EC.
(11)
Directive 98/8/EC should therefore be amended accordingly.
(12)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Biocidal Products,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
Article 2
Transposition
1. Member States shall adopt and publish, by 30 June 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 July 2010.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 25 July 2008.
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DECISION No 574/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 May 2007
establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee (1),
Having regard to the Opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1)
While each Member State contributes to a high and uniform level of control on persons and surveillance of the external borders of the Member States of the European Union within the framework of common rules, some Member States face a heavier burden than others.
(2)
The difference in the burden is explained by the differing situations prevailing in Member States as regards the geography of their external borders, the number of authorised and operative border crossing points, the level of migratory pressure, both legal and illegal, the risks and threats encountered and finally the workload of the national services regarding the examination of visas applications and the issuing of visas.
(3)
Burden-sharing between Member States and the European Union in the management of external borders is one of the five components of the common policy for the management of the external borders, as proposed by the Commission in its Communication of 7 May 2002‘Towards integrated management of the external borders of the Member States of the European Union’ and endorsed by the Council in its ‘Plan for the management of the external borders of the Member States of the European Union’ of 14 June 2002.
(4)
While Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4) constitutes an important step towards the progressive development of the operational dimension of the European common-integrated-border management system, the implementation of effective and common standards for control and surveillance of the external borders calls for a Community financial solidarity mechanism in order to support the Member States who bear, for the benefit of the Community, a lasting and heavy financial burden.
(5)
The common corpus of legislation, as defined, in particular, by Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (5), provides for border checks to help combat illegal immigration and trafficking in human beings and to prevent any threat to the Member States' internal security while, at the same time, providing for border checks to be carried out in such a way as to fully respect human dignity.
(6)
The External Borders Fund (hereinafter referred to as ‘the Fund’) should express solidarity through financial assistance to those Member States that apply the Schengen provisions on external borders.
(7)
Such financial assistance should be structured in such a way as to form a bridge with past financial contributions from the European Union to Member States which at the time of entry into force of this Decision do not yet apply all provisions of the Schengen acquis, without, however, constituting a mere continuation of the actions funded previously from other sources covered by the general budget of the European Union. In such cases, the Fund should assist those Member States preparing for full participation as soon as possible, in accordance with the Hague Programme of 4 and 5 November 2004.
(8)
Moreover, the Fund should take into account specific situations, such as the transit by land of third-country nationals who must necessarily cross the territory of one or more Member States in order to travel between two parts of their own country which are not geographically contiguous, not only in the own interests of the Member State(s) concerned but also of all Member States which have abolished checks at their internal borders. In such cases, the actions to be financed should be exhaustively defined and the allocation of resources should be determined on the basis of a factual assessment of the needs in relation to those actions.
(9)
In order to ensure uniform and high-quality external border control and flexible cross-border traffic, the Fund should contribute to the development of a European common-integrated-border management system which includes all the measures relating to policy, legislation, systematic cooperation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in cooperation and, where necessary, together with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.
(10)
In accordance with Protocol No 5 to the 2003 Act of Accession (6) on the transit of persons by land between the region of Kaliningrad and other parts of the Russian Federation, the Fund should bear any additional cost incurred in implementing the specific provision of the acquis covering such transit.
(11)
As a complement to the operational cooperation developed under the aegis of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004 (hereinafter referred to as ‘the Agency’) and in addition to the allocation of funds to the Member States, the Fund should also introduce the possibility of a Community response to weaknesses at strategic border points by co-financing specific actions to address those weaknesses, on the basis of a specific amount set aside each year for such actions.
(12)
The Fund should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls. The efficient management of activities organised by the consular services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating legitimate travel and tackling illegal immigration into the European Union, and constitutes an integral part of the European common-integrated-border management system.
(13)
In the light of the scope and the purpose of the Fund, it should not, in any event, support actions with respect to areas and centres for holding persons in third countries.
(14)
Objective criteria should be established to allocate the available annual resources to the Member States. These criteria should be broken down according to the type of border, taking into account the flow and the levels of threat at the external borders of the Member States.
(15)
The application of these criteria should be reviewed in 2010 to enable any new circumstances, including in particular those resulting from changes in the external borders themselves, to be taken into account.
(16)
In view of the mission of the Agency to assist Member States in implementing the operational aspects of external border management and in order to develop complementarity between its mission and the responsibilities of the Member States for the control and surveillance of external borders, the Agency should be consulted by the Commission on draft multiannual programmes submitted by the Member States and on the strategic guidelines prepared by the Commission.
(17)
Moreover, the Commission may request the Agency to provide input into the assessment by the Commission of the impact of the Fund on the development of policy and legislation on external border control, the synergies between the Fund and the tasks of the Agency, as well as the appropriateness of the criteria for allocating the funds between the Member States in the light of the objectives pursued by the European Union in this area.
(18)
This Decision is designed to form part of a coherent framework which also includes Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (7), Decision No 575/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Return Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (8), and Council Decision 2007/.../EC of ... establishing the European Fund for the Integration of Third-country Nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (9), which aims to address the issue of fairly sharing responsibilities between Member States as concerns the financial burden arising from the introduction of integrated management of the European Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of Part Three of the Treaty.
(19)
Participation in this Fund by a Member State should not coincide with its participation in a future temporary instrument designed to help beneficiary Member States to finance actions at new external borders of the European Union for the implementation of the Schengen acquis and external border control.
(20)
The actions supported under this Fund should be in synergy with the actions supported by the Community instruments on external assistance and take place within the framework of the European Union's external relations policy, in particular the strategy for the external dimensions of the area of freedom, security and justice.
(21)
The support provided by the Fund would be more efficient and better targeted if co-financing of eligible actions were based on strategic multiannual programming, drawn up by each Member State in dialogue with the Commission.
(22)
On the basis of strategic guidelines adopted by the Commission, each Member State should prepare a multiannual programming document taking into account its specific situation and needs and setting out its development strategy that should constitute the framework for preparing the implementation of the actions to be listed in annual programmes.
(23)
In accordance with the implementation methods referred to in Article 53(1)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (10) (hereinafter referred to as ‘the Financial Regulation’), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the obligations for the cooperation of the Member States clarified. Applying those conditions would enable the Commission to satisfy itself that Member States are using the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Articles 27 and 48(2) of the Financial Regulation.
(24)
Member States should adopt adequate measures to guarantee the proper functioning of the management and control system and the quality of implementation. To this end, it is necessary to establish the general principles and necessary functions which all programmes should fulfil.
(25)
Since the Fund may support national measures of a Member State to implement provisions of the Schengen acquis ranging from external border control to visa policy at different levels and locations, more than one authority in any given Member State might be involved. Therefore, Member States should be allowed to designate several certifying and audit authorities or delegated authorities as long as there is a clear allocation of functions for each of these authorities.
(26)
In accordance with the principles of subsidiarity and proportionality, Member States should have the primary responsibility for the implementation and control of the interventions of the Fund.
(27)
The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified in order to guarantee the efficient and correct implementation of their multiannual and annual programmes. In particular, as far as management and control are concerned, it is necessary to establish the arrangements by which Member States ensure that the relevant systems are in place and function satisfactorily.
(28)
Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be encouraged.
(29)
The effectiveness and impact of actions supported by the Fund also depend on their evaluation and the dissemination of their results. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation and the quality of the related information, should be formalised.
(30)
Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements.
(31)
Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance to facilitate the proper acknowledgement of the support received by any authority, non-governmental organisation, international organisation or other entity receiving a grant under this Fund, taking into account the practice with respect to other instruments under shared management, such as the Structural Funds.
(32)
This Decision establishes a financial envelope for the entire duration of the programme, which constitutes the prime reference for the budgetary authority during the annual budgetary procedure, according to point 37 of the Interinstitutional agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (11).
(33)
Since the objective of this Decision, namely to support the establishment of a European common-integrated-border management system, which covers, inter alia, the management of activities organised by consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve this objective.
(34)
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12).
(35)
Since the measure of this Decision relating to the adoption of strategic guidelines is of general scope and are designed to amend non-essential elements of this Decision, inter alia by deleting some of those elements or by supplementing this Decision by the addition of new non-essential elements, it should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the strategic guidelines.
(36)
In order to ensure the timely implementation of the Fund, certain provisions of this Decision should apply as from 1 January 2007.
(37)
As regards Iceland and Norway, this Decision constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Points A and B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (13).
(38)
An arrangement should be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Agreement in the form of Exchanges of Letters between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers (14), annexed to the Agreement referred to in Recital 37.
(39)
As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis which falls within the area referred to in Article 1(A) of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC (15) on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement.
(40)
An arrangement should be made to allow representatives of Switzerland to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchange of Letters between the Council of the European Union and Switzerland, annexed to the Agreement referred to in Recital 39.
(41)
In order to determine the supplementary rules necessary for the implementation of this instrument, an agreement should be concluded between the Community and Iceland, Norway and Switzerland.
(42)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the date of adoption of this Decision whether it will implement it in its national law.
(43)
This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (16) and the subsequent Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (17). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.
(44)
This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (18). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.
(45)
In accordance with the second indent of paragraph 2 of Article 67 of the Treaty, Council Decision 2004/927/EC of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (19) rendered the procedure referred to in Article 251 of the Treaty applicable in the areas covered by Articles 62(1), (2)(a) and (3) and 63(2)(b) and (3)(b) of the Treaty,
HAVE ADOPTED THIS DECISION:
CHAPTER I
SUBJECT MATTER, OBJECTIVES AND ACTIONS
Article 1
Subject matter and scope
This Decision establishes for the period from 1 January 2007 to 31 December 2013 the External Borders Fund (hereinafter referred to as ‘the Fund’), as part of a coherent framework which also includes Decision No 573/2007/EC, Decision No 575/2007/EC, and Decision 2007/.../EC, in order to contribute to the strengthening of the area of freedom, security and justice and the application of the principle of solidarity between the Member States.
This Decision defines the objectives to which the Fund contributes, its implementation, the available financial resources and the distribution criteria for the allocation of the available financial resources.
It establishes the Fund's management rules, including financial rules, as well as monitoring and control mechanisms, based on the sharing of responsibilities between the Commission and the Member States.
Article 2
Definitions
For the purposes of this Decision:
1)
‘external borders’ means the Member States' land borders, including river and lake borders, sea borders and their airports, river ports, sea ports and lake ports to which the provisions of Community law on the crossing of external borders apply, whether these borders are temporary or not;
2)
‘temporary external borders’ means:
(a)
the common border between a Member State fully implementing the Schengen acquis and a Member State bound to apply the Schengen acquis in full, in conformity with its Act of Accession, but for which the relevant Council Decision authorising it to fully apply that acquis has not entered into force;
(b)
the common border between two Member States bound to apply the Schengen acquis in full, in conformity with their respective Acts of Accession, but for which the relevant Council Decision authorising them to fully apply that acquis has not yet entered into force;
3)
‘border crossing point’ means any crossing point authorised by the competent authorities for the crossing of external borders as notified in accordance with Article 34(2) of Regulation (EC) No 562/2006;
4)
‘Agency’ means the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union as established by Regulation (EC) No 2007/2004.
Article 3
General Objectives of the Fund
1. The Fund shall contribute to achieving the following objectives:
(a)
efficient organisation of control, covering both checks and surveillance tasks relating to the external borders;
(b)
efficient management by the Member States of the flows of persons at the external borders in order to ensure, on the one hand, a high level of protection at the external borders and, on the other, the smooth crossing of the external borders in conformity with the Schengen acquis and the principles of respectful treatment and dignity;
(c)
uniform application by border guards of the provisions of Community law on the crossing of external borders, in particular Regulation (EC) No 562/2006;
(d)
improvement of the management of activities organised by the consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard.
2. The Fund shall contribute to the financing of technical assistance at the initiative of the Member States or the Commission.
Article 4
Specific objectives
1. As regards the objective laid down in Article 3(1)(a), the Fund shall support the following specific objectives:
(a)
implementation of the recommendations, operational standards and best practices resulting from the operational cooperation between Member States in the field of border control;
(b)
development and application of the measures necessary to improve surveillance systems between border crossing points;
(c)
introduction of measures or development of effective systems enabling a methodical gathering of relevant information with respect to the evolving situation on the ground close to, at and immediately beyond the external borders;
(d)
ensuring adequate registration of the number of persons crossing at all types of external borders (land, air, sea);
(e)
introduction or upgrading a system of collection of statistical and administrative data with respect to the categories of travellers, the number and nature of checks and surveillance measures at the different types of external borders, based on registration and other sources for data collection;
(f)
setting up an effective, structural, strategic and operational coordination between all authorities operating at border crossing points;
(g)
improvement of the capacity and the qualifications of border guards in executing their surveillance, advisory and control tasks;
(h)
improvement of the information exchange at national level between the authorities responsible for external border management and between those authorities and other authorities responsible for migration, asylum and other related matters;
(i)
promotion of quality management standards.
2. As regards the objective laid down in Article 3(1)(b), the Fund shall support the following specific objectives:
(a)
except with regard to temporary external borders, the development of new working methods, logistical measures and state-of-the-art technology to strengthen systematic controls of persons on entry and exit at border crossing points;
(b)
promotion of the use of technology and specialised training for the staff responsible for its effective exploitation;
(c)
promotion of the exchange of information concerning, and improvement of training in respect of forged or false travel documents, including the development and distribution of common tools and practices for the detection of such documents;
(d)
promotion of efficient, real-time consultation of data at border crossing points through the use of large scale IT systems, such as the Schengen Information System (SIS) and the Visa Information System (VIS), and an effective exchange of information between all border crossing points along the external borders in real time;
(e)
ensuring the optimal implementation at operational and technical level of the results of the risk analyses.
3. As regards the objective laid down in Article 3(1)(c) the Fund shall support the following specific objectives:
(a)
gradual establishment in each Member State of uniform education, training and qualifications of border guards, particularly by implementing the common core curriculum for training as developed by the Agency and by supplementing in a coherent way the activities of the Agency in this field;
(b)
support to and increase of the exchange and secondment of border guards between Member States, complementary to the guidelines and activities of the Agency in this area;
(c)
promotion of the use of compatible state-of-the-art technology along the external borders, whenever this is indispensable for the correct, effective or uniform use of the rules;
(d)
promotion of the capacity of authorities to apply the same procedures and to take consistent, rapid and high quality decisions on the crossing of external borders, including on the issuance of visas;
(e)
promotion of the use of the common Practical Handbook for Border Guards;
(f)
building and upgrading of areas and centres for persons whose entry is refused and for persons who are intercepted after having crossed the border illegally or when approaching the external borders with a view to illegally entering the territory of the Member States;
(g)
upgrading of the security at the premises of border crossing points to secure the safety of border guards and the protection of equipment, surveillance systems and means of transport.
4. As regards the objective laid down in Article 3(1)(d), the Fund shall support the following specific objectives:
(a)
reinforcement of the operational capacity of the network of the immigration liaison officers and promotion of a more effective cooperation through the network between the Member States' services;
(b)
introduction of measures aimed at assisting Member States and carriers in carrying out the obligations imposed on them by virtue of Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (20) and of Article 26 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (21) (hereinafter referred to as ‘Schengen Convention’) in order to prevent illegal arrivals at the external borders;
(c)
promotion of a more effective cooperation with carriers in the airports of the countries of departure, including uniform training of the carriers' staff on the travel documents;
(d)
promotion of quality management, and good services and facilities in terms of infrastructure in the visa application process;
(e)
promotion of cooperation between Member States in enhancing the capacity of consular services to examine visa applications;
(f)
promotion of common investigative practices, uniform administrative procedures and decisions on visas by the consular services of a Member State located in different third countries;
(g)
promotion of progress towards a systematic and regular cooperation between the consular and other services of different Member States, in particular in connection with the VIS, including pooling of resources and means for visa issuance, exchange of information, surveys and investigations concerning visa applications and the development of common visa application centres;
(h)
promotion of national initiatives aiming at common investigative practices, uniform administrative procedures and decisions on visas by the consular services of different Member States;
(i)
development of common consular offices.
Article 5
Eligible actions in the Member States
1. The Fund shall support actions in the Member States relating to the specific objectives defined in Article 4 and in particular to the following:
(a)
border crossing infrastructures and related buildings, such as border stations, helicopter landing places or lanes or booths for the queuing of vehicles or persons at border crossing points;
(b)
infrastructures, buildings and systems required for surveillance between border crossing points and protection against illegal crossing of the external borders;
(c)
operating equipment, such as sensors, video-surveillance, document examination instruments, detection tools and mobile or fixed terminals for consulting the SIS, the VIS, the European Image Archiving System (FADO) and other European and national systems;
(d)
means of transport for the control of external borders, such as vehicles, vessels, helicopters, and light aircrafts, specially equipped with electronic equipment for the surveillance of the border and the detection of persons in means of transport;
(e)
equipment for real time exchange of information between relevant authorities;
(f)
ICT systems;
(g)
programmes for the secondment and exchange of staff such as border guards, immigration officers and consular officers;
(h)
training and education of staff of relevant authorities, including language training;
(i)
investments in the development, testing and instalment of state-of-the-art technology;
(j)
studies and pilot projects implementing recommendations, operational standards and best practices, resulting from the operational cooperation between Member States in the field of border control;
(k)
studies and pilot projects designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of the management of activities organised by the consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard.
2. The Fund shall not support actions with respect to temporary external borders when such actions amount to a structural investment incompatible with the objective of the lifting of controls on persons at these borders, in particular actions referred to in points (a) and (b) of paragraph 1.
Article 6
Special Transit Scheme
1. The Fund shall provide support to compensate for foregone fees from transit visas and additional costs incurred in implementing the Facilitated Transit Document (FTD) and the Facilitated Rail Transit Document (FRTD) scheme in accordance with Council Regulation (EC) No 693/2003 (22) and Council Regulation (EC) No 694/2003 (23).
2. For the purpose of paragraph 1, additional costs means costs which result directly from the specific requirements of implementing the operation of the special transit scheme and which are not generated as a result of the issuing of transit or other visas.
The following types of additional cost shall be eligible for financing:
(a)
investment in infrastructures;
(b)
training of staff implementing the special transit scheme;
(c)
additional operational costs, including salaries of staff specifically implementing the special transit scheme.
3. The foregone fees referred to in paragraph 1 shall be calculated on the basis of the level of fees for transit visas established in Annex 12 to the Common Consular Instructions on visas, within the financial framework set out in Article 14(9).
Article 7
Community actions
1. At the Commission's initiative, up to 6 % of the Fund's available resources may be used to finance transnational actions or actions of interest to the Community as a whole (hereinafter referred to as ‘Community actions’) concerning the following objectives:
(a)
contributing to the enhancement of the activities organised by the consular and other services of the Member States in third countries as regards the flow of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard, including the activities of air liaison officers and immigration liaison officers;
(b)
promoting the progressive inclusion of customs, veterinary and phyto-sanitary controls in integrated border management activities in line with policy evolution in this field;
(c)
providing of support services to Member States in duly substantiated emergency situations requiring urgent action at external borders.
2. To be eligible for funding, Community actions listed under paragraph 1(a) and (b) shall in particular:
(a)
further Community cooperation in implementing Community law and good practices;
(b)
support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between consular services from two or more Member States designed to stimulate innovation and facilitate the exchange of experience and good practice;
(c)
support studies, dissemination and exchange of information on best practices and all other aspects of the general objective of contributing to enhancement of the activities organised by the consular services of the Member States in third countries and the cooperation between Member States in this field, including on the use of state-of-the-art technology;
(d)
support projects and studies exploring the possibility of new forms of Community cooperation and Community law in this area, in particular common application centres;
(e)
support the development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of visa policy and consular cooperation.
3. The annual work programme laying down the priorities for Community actions shall be adopted in accordance with the procedure referred to in Article 56(2).
CHAPTER II
PRINCIPLES OF ASSISTANCE
Article 8
Complementarity, consistency and compliance
1. The Fund shall provide assistance which complements national, regional and local actions, integrating into them the priorities of the Community.
2. The Commission and the Member States shall ensure that assistance from the Fund and the Member States is consistent with the activities, policies and priorities of the Community. This consistency shall be indicated in particular in the multiannual programme referred to in Article 21.
3. Operations financed by the Fund shall comply with the provisions of the Treaty and of acts adopted thereunder.
Article 9
Programming
1. The objectives of the Fund shall be pursued within the framework of the multiannual programming period from 2007 to 2013, subject to a mid-term review in accordance with Article 24. The multiannual programming system shall include the priorities and a process for management, decision making, auditing and certification.
2. The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.
Article 10
Subsidiary and proportional intervention
1. Implementation of multiannual and annual programmes referred to in Articles 21 and 23 shall be the responsibility of Member States at the appropriate territorial level, in accordance with the institutional system specific to each Member State. This responsibility shall be exercised in accordance with this Decision.
2. In relation to audit provisions, the means employed by the Commission and the Member States shall vary according to the size of the Community contribution. The same principle shall apply to provisions on evaluation and to the reports on multiannual and annual programmes.
Article 11
Implementation methods
1. The Community budget allocated to the Fund shall be implemented in accordance with Article 53(1)(b) of the Financial Regulation, with the exception of the Community actions referred to in Article 7 and the technical assistance referred to in Article 17 of this Decision.
2. The Commission shall exercise its responsibility for implementing the general budget of the European Union by:
(a)
checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 34;
(b)
withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 43 and 44, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 47 and 48.
3. Countries associated with the implementation, application and development of the Schengen acquis shall participate in the Fund in accordance with this Decision.
4. Arrangements shall be concluded to specify the supplementary rules necessary for such participation, including provisions ensuring the protection of the Community's financial interests and the power of audit of the Court of Auditors.
Article 12
Partnership
1. Each Member shall organise, in accordance with current national rules and practices, a partnership with the authorities and bodies which are involved in the implementation of the multiannual programme or which, according to the Member State concerned, are able to make a useful contribution to its development.
Such authorities and bodies may include the competent regional, local, urban and other public authorities, international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR), and bodies representing civil society, such as non-governmental organisations or social partners.
2. Such partnership shall be conducted in full compliance with the respective institutional, legal and financial jurisdiction of each partner category.
CHAPTER III
FINANCIAL FRAMEWORK
Article 13
Global resources
1. The financial envelope for the implementation of this Decision from 1 January 2007 to 31 December 2013 shall be EUR 1 820 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework.
3. The Commission shall make indicative annual breakdowns by Member States in accordance with the criteria established in Article 14.
Article 14
Annual distribution of resources for eligible actions in the Member States
1. The available annual resources shall be broken down between the Member States as follows:
(a)
30 % for external land borders;
(b)
35 % for external maritime borders;
(c)
20 % for airports;
(d)
15 % for consular offices.
2. The resources available under paragraph 1(a) shall be broken down between Member States as follows:
(a)
70 % for the length of their external borders, which will be calculated, on the basis of weighting factors for each specific section, determined in accordance with Article 15(3)(a); and
(b)
30 % for the workload at their external land borders, as determined in accordance with paragraph 7(a).
3. The resources available under paragraph 1(b) shall be broken down between Member States as follows:
(a)
70 % for the length of their external borders, which will be calculated, on the basis of weighting factors for each specific section determined in accordance with Article 15(3)(b); and
(b)
30 % for the workload at their external maritime borders, as determined in accordance with paragraph 7(a).
4. The resources available under paragraph 1(c) shall be broken down between Member States according to the workload at their airports, as determined in accordance with paragraph 7(b).
5. The resources available under paragraph 1(d) shall be broken down between Member States as follows:
(a)
50 % for the number of consular offices of the Member States in the countries listed in Annex I of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (24); and
(b)
50 % for the workload as regards the management of visa policy at consular offices of Member States in the countries listed in Annex I to Regulation (EC) No 539/2001, as determined in accordance with paragraph 7(c) of this Article.
6. For the purpose of the annual distribution of resources under paragraph 1 (a) and (b)
(a)
the line between the areas referred to in Article 1 of Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession (25), but not the maritime border north of that line, shall be taken into account even though it does not constitute an external land border for as long as the provisions of Article 1 of Protocol 10 of the 2003 Act of Accession remain applicable;
(b)
‘external maritime borders’ shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent irregular migration/illegal entry, this shall be the outer limit of high threat areas. This shall be determined by taking into account the operational data over the past two years as provided by the Member States in question. This definition of ‘external maritime borders’ is used exclusively for the purpose of this Decision and all operations shall respect international law.
7. The workload shall be based on average figures over the previous two years for the following factors:
(a)
at external land borders and external maritime borders:
(i)
the number of persons crossing the external border at authorised border crossing points;
(ii)
the number of third-country nationals refused entry at the external border;
(iii)
the number of third-country nationals apprehended after having crossed the external border illegally, including the number of persons apprehended at sea;
(b)
at airports:
(i)
the number of persons crossing the external border at authorised border crossing points;
(ii)
the number of third-country nationals refused entry at the external border;
(c)
at consular offices:
the number of visa applications.
For 2007, the workload shall be based on the 2005 figures only.
8. The weighting as referred to in paragraphs 2 and 3 shall be determined by the Agency in accordance with Article 15.
9. With respect to the length of the external land borders as referred to in paragraph 2(a), the calculation of the annual distribution of resources shall not take into account temporary external borders. However, it shall take into account the temporary external borders between a Member State which acceded to the European Union by 1 May 2004 and a Member State which acceded after 1 May 2004.
10. The reference figures for the work-load referred to in paragraph 7 shall be the latest statistics produced by the Commission (Eurostat) on the basis of data provided by Member States in accordance with Community law.
Where Member States have not supplied the Commission (Eurostat) with the statistics concerned, they shall provide provisional data as soon as possible.
Before accepting these data as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.
11. Where the reference figures are not available as statistics produced by the Commission (Eurostat) in accordance with Community law, Member States shall provide provisional data to the Commission by 1 November of each year for the estimate of the amount to be allocated to them for the following year in accordance with Article 23(2).
Before the Commission accepts these data as reference figures, the Commission (Eurostat) may evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.
12. The allocation of resources referred to in paragraph 1 shall not include the resources allocated for the purpose of Articles 6 and 19. The resources allocated for the purpose of Article 6 shall not exceed EUR 108 million for the period 2007 to 2013.
Article 15
Risk Analysis carried out by the Agency for the purpose of the annual distribution of resources
1. For the determination of the weighting, as referred to in Article 14(8), the Agency shall provide the Commission, by 1 April of each year, with a specific report describing the difficulty in carrying out border surveillance and the situation at the external borders of the Member States, paying special attention to the particular proximity of the Member States to high risk areas of illegal immigration for the previous year taking also into account the number of persons having entered those Member States irregularly and the size of those Member States.
2. The report shall, in accordance with the Common Integrated Risk Analysis Model referred to in Article 4 of Regulation (EC) No 2007/2004, analyse the threats that affected security at external borders of the Member States in the previous year, taking into account the political, economic and social developments in the third countries concerned, in particular in neighbouring third countries, and shall set out possible future trends on migratory flows and unlawful activities at the external borders.
This risk analysis shall be based primarily on the following information gathered by the Agency, provided by Member States or obtained from the Commission (Eurostat):
(a)
the number of third-country nationals refused entry at the external border;
(b)
the number of third-country nationals apprehended when crossing or attempting to cross the external border illegally;
(c)
the number of facilitators intercepted who have intentionally assisted the unauthorised entry of third-country nationals;
(d)
the number of forged or false travel documents and the number of travel documents and visas issued on false grounds which have been detected at border crossing points in accordance with the Schengen Borders Code.
Where the reference figures have not been provided as statistics produced by the Commission (Eurostat) but by Member States, the Agency may request from those Member States the necessary information to evaluate the quality, comparability and completeness of the statistical information. The Agency may request the help of the Commission (Eurostat) in such an evaluation.
3. Finally the report shall, in accordance with paragraphs 1 and 2, identify the current levels of threat at the external borders of each of the Member States and determine the following specific weighting-factors for each section of the external border of that particular Member State:
(a)
external land border:
(i)
factor 1 for normal threat
(ii)
factor 1,5 for medium threat
(iii)
factor 3 for high threat;
(b)
external maritime border:
(i)
factor 0 for minimum threat
(ii)
factor 1 for normal threat
(iii)
factor 3 for medium threat
(iv)
factor 8 for high threat.
Article 16
Financing structure
1. Financial contributions under the Fund shall take the form of grants.
2. Actions supported by the Fund shall be co-financed by public or private sources, shall be of a non-profit nature and shall not be eligible for funding from other sources covered by the general budget of the European Union.
3. Fund appropriations shall be complementary to public or equivalent expenditure allocated by Member States to the measures covered by this Decision.
4. The Community contribution to supported projects, as regards actions implemented in the Member States under Article 4 shall not exceed 50 % of the total cost of a specific action.
This may be increased to 75 % for projects addressing specific priorities identified in the strategic guidelines referred to in Article 20.
The Community contribution shall be increased to 75 % in the Member States covered by the Cohesion Fund.
5. Within the framework of the implementation of national programming as set out in Chapter IV, Member States shall select projects for financing on the basis of the following minimum criteria:
(a)
the situation and requirements in the Member State concerned;
(b)
the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project;
(c)
the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation;
(d)
the extent to which the project complements other actions funded by the general budget of the European Union or as part of national programmes.
6. As a general rule, Community financial aid for actions supported by the Fund shall be granted for a period of no more than three years, subject to periodic progress reports.
Article 17
Technical assistance at the initiative of the Commission
1. At the initiative of and/or on behalf of the Commission, subject to a ceiling of EUR 500 000 of the Fund's annual allocation, the Fund may finance preparatory measures, monitoring, administrative and technical support measures, as well as evaluation, audit and inspection measures necessary for implementing this Decision.
2. Those measures shall include:
(a)
studies, evaluations, expert reports and statistics, including those of a general nature concerning the operation of the Fund;
(b)
information measures for the Member States, the final beneficiaries and the general public, including awareness-raising campaigns and a common database of projects financed under the Fund;
(c)
the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation;
(d)
the design of a common framework for evaluation and monitoring as well as a systems of indicators, taking into account, where appropriate, national indicators;
(e)
improvements in evaluation methods and the exchange of information on practices in this field;
(f)
information and training measures for the authorities designated by Member States in accordance with Article 27, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 33(2).
Article 18
Technical assistance at the initiative of Member States
1. At the initiative of a Member State for each annual programme, the Fund may finance preparatory measures, management, monitoring, evaluation, information and control measures, as well as measures for the reinforcement of the administrative capacity for the implementation of the Fund.
2. The amount set aside for technical assistance under each annual programme may not exceed:
(a)
for the period 2007 to 2010, 7 % of the total annual amount of co-financing allocated to that Member State plus EUR 30 000; and
(b)
for the period 2011 to 2013, 4 % of the total annual amount of co-financing allocated to that Member State plus EUR 30 000.
Article 19
Specific actions
1. The Commission shall establish each year a list of specific actions to be implemented by the Member States, where appropriate, in cooperation with the Agency, which contribute to the development of the European common-integrated-border management system by addressing weaknesses at strategic border points identified in the risk analysis referred to in Article 15.
2. The annual work programme referred to in Article 7(3), shall set out a framework for the financing of these actions, including objectives and evaluation criteria.
3. The list of selected actions shall be adopted according to the procedure referred to in Article 56(2).
4. Financial assistance from the Fund for specific actions shall be limited to a period of six months and shall not exceed 80 % of the cost of each action.
5. The available annual resources for these actions shall not exceed EUR 10 million. The resources remaining available after the selection referred to in paragraph 3 may be used to finance actions as defined in Article 7.
CHAPTER IV
PROGRAMMING
Article 20
Adoption of strategic guidelines
1. The Commission shall adopt strategic guidelines setting out a framework for the intervention of the Fund, taking into account progress in the development and implementation of Community legislation in the area of external borders and visa policy as well as the indicative distribution of the financial resources of the Fund for the period of the multiannual programme.
2. For the general objectives referred to in Article 3(1)(a), (b) and (c), those guidelines shall, in particular, give effect to the priorities of the Community with a view to the further gradual establishment of the European common-integrated-border management system for external borders and the strengthening of controls at and surveillance of the external borders of the Union.
3. For the general objective referred to in Article 3(1)(d), those guidelines shall, in particular, give effect to the priorities of the Community with a view to the further development of the common visa policy as part of a multi-layered system aimed at facilitating legitimate travel and tackling illegal immigration through the enhancement of handling practices at local consular missions.
4. The Commission shall adopt the strategic guidelines relating to the multiannual programming period by 31 July 2007.
5. The strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 56(3). The strategic guidelines, once adopted, shall be annexed this Decision.
Article 21
Preparation and approval of national multiannual programmes
1. Each Member State shall propose, on the basis of the strategic guidelines referred to in Article 20, a draft multiannual programme which shall consist of the following elements:
(a)
a description of the current situation in that Member State as regards the infrastructure, equipment, means of transport, ICT systems and arrangements for the training and education of staff at the service of the border authorities and of the consular authorities;
(b)
an analysis of requirements in the Member State in question as regards infrastructure, equipment, means of transport, ICT systems and arrangements for the training and education of staff at the service of the border authorities and and of the consular authorities and an indication of the operational objectives designed to meet those requirements during the period covered by the multiannual programme;
(c)
the presentation of an appropriate strategy to achieve those objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement those priorities;
(d)
an indication of whether that strategy is compatible with other regional, national and Community instruments;
(e)
information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators, taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities;
(f)
a description of the approach chosen for the implementation of the partnership principle laid down in Article 12;
(g)
a draft financing plan which sets out, for each priority and each annual programme, the Fund's proposed financial contribution and the overall amount of public or private co-financing;
(h)
the provisions laid down to ensure that the multiannual programme is made public.
2. Member States shall submit their draft multiannual programme to the Commission no later than four months after the Commission has provided the strategic guidelines.
3. In order to approve the draft multiannual programme, the Commission shall examine:
(a)
the draft multiannual programme's consistency with the objectives of the Fund and the strategic guidelines referred to in Article 20;
(b)
the relevance of the actions envisaged in the draft multiannual programme in the light of the strategy which is proposed;
(c)
the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions of this Decision;
(d)
the draft multiannual programme's compliance with Community law and, in particular, with Community law aiming at ensuring the free movement of persons in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration.
4. Where the Commission considers that a draft multiannual programme is inconsistent with the strategic guidelines and/or does not comply with the provisions of this Decision setting out management and control systems or with Community law, it shall invite the Member State concerned to provide all necessary additional information and, where appropriate, to revise the draft multiannual programme accordingly.
5. The Commission shall approve each multiannual programme within three months of its formal submission, in accordance with the procedure referred to in Article 56(2).
Article 22
Revision of multiannual programmes
1. At the initiative of the Member State in question or the Commission, the multiannual programme shall be re-examined and, if necessary, revised for the rest of the programming period in order to take greater or different account of Community priorities. Multiannual programmes may be re-examined in the light of evaluations and/or following implementation difficulties.
2. The Commission shall adopt a decision approving the revision of the multiannual programme as soon as possible after the formal submission of a request to that effect by the Member State concerned. The revision of the multiannual programme shall be carried out in accordance with the procedure referred to in Article 56(2).
Article 23
Annual programmes
1. The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.
2. The Commission shall provide the Member States, by 1 July of each year, with an estimate of the amounts to be allocated to them for the following year from the total appropriations allocated under the annual budgetary procedure, calculated as provided for by Article 14.
3. Member States shall submit to the Commission, by 1 November of each year, a draft annual programme for the following year, established in accordance with the multiannual programme and consisting of the following elements:
(a)
the general rules for selection of projects to be financed under the annual programme;
(b)
a description of the actions to be supported under the annual programme;
(c)
the proposed financial breakdown of the Fund's contribution between the programme's various actions and an indication of the amount requested to cover technical assistance under Article 18 for the purpose of implementing the annual programme.
4. When examining the draft annual programme of a Member State, the Commission shall take account of the final amount of the appropriations allocated to the Fund under the budgetary procedure.
Within one month of the formal submission of the draft annual programme, the Commission shall inform the Member State concerned whether it can be approved. If the draft annual programme is inconsistent with the multiannual programme, the Commission shall invite that Member State to provide all necessary information and, where appropriate, to revise the draft annual programme accordingly.
The Commission shall adopt the financing decision approving the annual programme by 1 March of the year in question. The decision shall indicate the amount allocated to the Member State concerned and the period for which the expenditure is eligible.
5. To take into account duly substantiated emergency situations which were not foreseen at the time of the approval of the annual programme and which require urgent action, a Member State may revise up to 10 % of the financial breakdown of the contribution from the Fund between the various actions listed in the annual programme or allocate up to 10 % of the breakdown to other actions in accordance with this Decision. The Member State concerned shall inform the Commission of the revised annual programme.
Article 24
Mid-term review of the multiannual programme
1. The Commission shall review the strategic guidelines and, where necessary, adopt, by 31 March 2010, revised strategic guidelines for the period 2011 to 2013.
2. If such revised strategic guidelines are adopted, each Member State shall re-examine its multiannual programme and, where appropriate, revise it.
3. The rules laid down in Article 21 on the preparation and approval of national multiannual programmes shall apply mutatis mutandis to the preparation and approval of these revised multiannual programmes.
4. The revised strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 56(3).
CHAPTER V
MANAGEMENT AND CONTROL SYSTEMS
Article 25
Implementation
The Commission shall be responsible for implementing this Decision and shall adopt such implementing rules as may be necessary.
Article 26
General principles of management and control systems
The management and control systems of multiannual programmes set up by Member States shall provide for:
(a)
the definition of the functions of the bodies concerned in management and control and the allocation of functions within each body;
(b)
respect for the principle of separation of functions between and within such bodies;
(c)
adequate resources for each body to carry out the functions which have been allocated to it throughout the period of implementation of actions co-financed by the Fund;
(d)
procedures for ensuring the correctness and regularity of the expenditure declared under the annual programmes;
(e)
reliable accounting, monitoring and financial reporting systems in computerised form;
(f)
a system of reporting and monitoring where the responsible body entrusts the performance of tasks to another body;
(g)
manuals of procedures in relation to the functions to be performed;
(h)
arrangements for auditing the functioning of the system;
(i)
systems and procedures to ensure an adequate audit trail;
(j)
procedures for reporting and monitoring irregularities and for the recovery of amounts unduly paid.
Article 27
Designation of authorities
1. For the implementation of its multiannual programme and annual programmes the Member State shall designate the following:
(a)
a responsible authority: a functional body of the Member State, national public authority or body designated by the Member State or a body which is governed by the private law of the Member State and which has a public service mission, which shall be responsible for the management of the multiannual programme and annual programmes supported by the Fund and shall handle all communication with the Commission;
(b)
a certifying authority: a national public authority or body, or individual acting as such a body or authority, designated by the Member State to certify declarations of expenditure before they are sent to the Commission;
(c)
an audit authority: a national public authority or body, provided that it is functionally independent of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the effective functioning of the management and control system;
(d)
where appropriate, a delegated authority.
2. The Member State shall lay down rules governing its relations with the authorities referred to in paragraph 1 and their relations with the Commission.
3. Subject to Article 26(b), some or all of the authorities referred to in paragraph 1 of this Article may be located within the same body.
4. The rules for implementing Articles 28 to 32 shall be adopted by the Commission in accordance with the procedure referred to in Article 56(2).
Article 28
Responsible authority
1. The responsible authority shall meet the following minimum conditions. It shall:
(a)
have legal personality, except where it is a functional body of the Member State;
(b)
have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission;
(c)
work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest;
(d)
be in a position to apply Community fund management rules;
(e)
have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage;
(f)
have at its disposal personnel with appropriate professional qualifications for administrative work in an international environment.
2. The Member State shall provide the responsible authority with adequate funding so that it can continue to carry out its tasks properly throughout the period 2007 to 2013.
3. The Commission may assist the Member States in the training of staff, in particular as regards the correct application of Chapters V to IX.
Article 29
Tasks of the responsible authority
1. The responsible authority shall be responsible for managing and implementing the multiannual programme in accordance with the principle of sound financial management.
It shall in particular:
(a)
consult partners in accordance with Article 12;
(b)
submit to the Commission proposals for multiannual and annual programmes to which Articles 21 and 23 refer;
(c)
organise and advertise calls for tenders and proposals if appropriate;
(d)
organise the selection of projects for co-financing under the Fund in accordance with the criteria set out in Article 16(5);
(e)
receive payments made by the Commission, and make payments to the final beneficiaries;
(f)
ensure consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments;
(g)
monitor the delivery of the co-financed products and services and check that the expenditure declared for actions has actually been incurred and complies with Community and national rules;
(h)
ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation are collected;
(i)
ensure that final beneficiaries and other bodies involved in the implementation of actions cofinanced by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the action without prejudice to national accounting rules;
(j)
ensure that the evaluations of the Fund referred to in Article 51 are carried out within the time limits laid down in Article 52(2) and meet the quality standards agreed between the Commission and the Member State;
(k)
set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 45;
(l)
ensure that the audit authority receives, for the purposes of carrying out the audits defined in Article 32(1), all necessary information on the management procedures applied and the projects co-financed by the Fund;
(m)
ensure that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification;
(n)
draw up and submit to the Commission progress and final reports on the implementation of the annual programmes, declarations of expenditure certified by the certifying authority and requests for payment or, where appropriate, statements of reimbursement;
(o)
carry out information and advisory activities and disseminate results of supported actions;
(p)
cooperate with the Commission and the responsible authorities in the other Member States;
(q)
verify the implementation by the final beneficiaries of the guidelines referred to in Article 35(6).
2. The responsible authority's management activities for projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 18.
Article 30
Delegation of tasks by the responsible authority
1. Where all or some of the responsible authority's tasks are delegated to a delegated authority, the responsible authority shall define the scope of the tasks delegated, and set out detailed procedures for the implementation of the delegated tasks, which shall comply with the conditions laid down in Article 28.
2. These procedures shall include supplying the responsible authority with regular information on the effective performance of the delegated tasks and a description of the means employed.
Article 31
Certifying Authority
1. The certifying authority shall:
(a)
certify that:
(i)
the declaration of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents;
(ii)
the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules;
(b)
ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in declarations of expenditure;
(c)
take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority;
(d)
maintain accounting records in computerised form of expenditure declared to the Commission;
(e)
verify the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate;
(f)
keep an account of amounts recoverable and amounts recovered under the general budget of the European Union, where possible by deducting them from the next declaration of expenditure.
2. The certifying authority's activities relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 18, provided that the prerogatives of this authority as described in Article 27 are respected.
Article 32
Audit Authority
1. The audit authority shall:
(a)
ensure that audits are carried out to verify the effective functioning of the management and control system;
(b)
ensure that audits are carried out on actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme;
(c)
present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under points (a) and (b), ensuring that the main beneficiaries of cofinancing by the Fund are audited and that audits are spread evenly throughout the programming period.
2. Where the designated audit authority under this Decision is also the designated audit authority under Decision No 573/2007/EC, Decision No 575/2007/EC and Decision 2007/.../EC, or where common systems apply to two or more of these Funds, a single combined audit strategy may be submitted under paragraph 1(c).
3. For each annual programme, the audit authority shall draft a report which shall comprise:
(a)
an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme;
(b)
an opinion, on the basis of the controls and audits that have been carried out under the responsibility of the audit authority, as to whether the functioning of the management and control system provides reasonable assurance that declarations of expenditure presented to the Commission are correct and that the underlying transactions are legal and regular;
(c)
a declaration assessing the validity of the request for payment or statement of reimbursement of the final balance and the legality and regularity of the expenditure concerned.
4. The audit authority shall ensure that the audit work takes account of internationally accepted audit standards.
5. The audit relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 18 provided that the prerogatives of the audit authority as described in Article 27 are respected.
CHAPTER VI
RESPONSIBILITIES AND CONTROLS
Article 33
Responsibilities of the Member States
1. Member States shall be responsible for ensuring sound financial management of multiannual and annual programmes and the legality and regularity of underlying transactions.
2. Member States shall ensure that responsible authorities and any delegated authority, certifying authorities, audit authorities and any other bodies concerned receive adequate guidance on setting up the management and control systems referred to in Articles 26 to 32 to ensure that Community financing is used efficiently and correctly.
3. Member States shall prevent, detect and correct irregularities. They shall notify these to the Commission, and keep the Commission informed of the progress in the administrative and legal proceedings.
When amounts unduly paid to a final beneficiary cannot be recovered, the Member State concerned shall be responsible for reimbursing the amounts lost to the general budget of the European Union when it is established that the loss has been incurred as a result of its fault or negligence.
4. Member States shall be primarily responsible for the financial control of actions and shall ensure that management and control systems and audits are implemented in such a way as to guarantee that Community funds are used properly and effectively. They shall provide the Commission with a description of these systems.
5. The detailed rules for implementing paragraphs 1 to 4 shall be adopted in accordance with the procedure referred to in Article 56(2).
Article 34
Management and control systems
1. Before the Commission approves the multiannual programme, in accordance with the procedure referred to in Article 56(2) the Member States shall ensure that management and control systems have been set up in accordance with Articles 26 to 32. They shall be responsible for ensuring that the systems function effectively throughout the programming period.
2. Member States shall submit to the Commission, together with their draft multiannual programme, a description of the organisation and procedures of the responsible authorities, delegated authorities and certifying authorities, and the internal audit systems operating in those authorities and bodies, the audit authority, and any other bodies carrying out audits under its responsibility.
3. The Commission shall review the application of this provision in the context of the preparation of the report for the period 2007 to 2010 referred to in Article 52(3).
Article 35
Responsibilities of the Commission
1. The Commission shall satisfy itself in accordance with the procedure laid down in Article 34 that the Member States have set up management and control systems that comply with Articles 26 to 32, and on the basis of the annual audit reports and its own audits, that the systems function effectively during the programming period.
2. Without prejudice to audits carried out by Member States, Commission officials or authorised Commission representatives may carry out on-the-spot checks to verify the effective functioning of the management and control systems, which may include audits of actions included in the annual programmes, with a minimum of three working days' notice. Officials or authorised representatives of the Member State concerned may take part in such audits.
3. The Commission may require a Member State to carry out on-the-spot checks to verify the correct functioning of the systems or the correctness of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.
4. The Commission shall, in cooperation with the Member States, ensure that appropriate information, publicity and follow-up are provided for actions supported by the Fund.
5. The Commission shall, in cooperation with the Member States, ensure that actions are consistent with, and complementary to, other relevant Community policies, instruments and initiatives.
6. The Commission shall lay down guidelines to ensure the visibility of the funding granted under this Decision.
Article 36
Cooperation with the audit authorities of the Member States
1. The Commission shall cooperate with the audit authorities to coordinate their respective audit plans and methods and shall immediately exchange the results of audits carried out of management and control systems in order to make the best possible use of control resources and to avoid unjustified duplication of work.
The Commission shall provide its comments on the audit strategy presented under Article 32 within not more than three months of its receipt.
2. In determining its own audit strategy, the Commission shall identify those annual programmes which it considers satisfactory on the basis of its existing knowledge of the management and control systems.
For those programmes, the Commission may conclude that it can rely principally on the audit evidence provided by the Member States and that it will carry out its own on the spot checks only if there is evidence to suggest shortcomings in the systems.
CHAPTER VII
FINANCIAL MANAGEMENT
Article 37
Eligibility - declarations of expenditure
1. All declarations of expenditure shall include the amount of expenditure incurred by final beneficiaries in implementing the actions and the corresponding contribution from public or private funds.
2. Expenditure shall correspond to the payments effected by the final beneficiaries. It shall be justified by receipted invoices or accounting documents of equivalent evidential value.
3. Expenditure may be considered eligible for support from the Fund only if it is actually paid no earlier than 1 January of the year referred to in the financing decision approving the annual programme referred to in the third subparagraph of Article 23(4). The co-financed actions must not have been completed before the starting date for eligibility.
By way of exception, the period for which expenditure is eligible shall be fixed at three years for the expenditure implementing the actions supported under the 2007 annual programmes.
4. The rules governing eligibility of expenditure within the framework of implemented actions co-financed by the Fund in the Member States under Article 4 shall be adopted in accordance with the procedure referred to in Article 56(2).
Article 38
Completeness of payment to final beneficiaries
Member States shall satisfy themselves that the responsible authority ensures that the final beneficiaries receive the total amount of the contribution from public funds as quickly as possible. No amounts shall be deducted or withheld, nor shall any further specific charge or other charge with equivalent effect be levied that would reduce these amounts for the final beneficiaries, provided that the final beneficiaries meet all the requirements regarding the eligibility of actions and expenses.
Article 39
Use of the euro
1. Amounts set out in the draft multiannual and annual programmes of the Member States referred to in Articles 21 and 23 respectively, certified declarations of expenditure, requests for payments referred to in Article 29(1)(n), expenditure mentioned in the progress report on the implementation of the annual programme referred to in Article 41(4) and the final report on the implementation of the annual programme referred to in Article 53 shall be denominated in euros.
2. Commission financing decisions approving the annual programmes of Member States referred to in the third subparagraph of Article 23(4), Commission commitments and Commission payments shall be denominated and carried out in euros.
3. Member States which have not adopted the euro as their currency on the date of the request for payment shall convert into euros the amounts of expenditure incurred in national currency. This amount shall be converted into euros using the monthly accounting exchange rate of the Commission for the month during which the expenditure was entered in the accounts of the responsible authority of the programme concerned. This rate shall be published electronically by the Commission each month.
4. When the euro becomes the currency of a Member State, the conversion procedure set out in paragraph 3 shall continue to apply to all expenditure recorded in the accounts by the certifying authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.
Article 40
Commitments
Community budgetary commitments shall be made annually on the basis of the Commission financing decision approving the annual programme referred to in the third subparagraph of Article 23(4).
Article 41
Payments - Prefinancing
1. Payments by the Commission of the contribution from the Fund shall be made in accordance with the budget commitments.
2. Payments shall take the form of pre-financing and payment of the balance. They shall be made to the responsible authority designated by the Member State.
3. A first pre-financing payment representing 50 % of the amount allocated in the financing decision approving the annual programme shall be made to the Member State within sixty days following the adoption of that decision.
4. A second pre-financing payment shall be made no more than three months after the Commission has approved, within two months of the formal submission of a request for payment by a Member State, a progress report on the implementation of the annual programme and a certified declaration of expenditure drawn up in accordance with Article 31(1)(a), and Article 37 accounting for at least 60 % of the amount of the initial payment.
The amount of the second pre-financing payment made by the Commission shall not exceed 50 % of the total amount allocated by the financing decision approving the annual programme and, in any event, where a Member State has committed nationally an amount less than the amount indicated in the financing decision approving the annual programme, the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment.
5. Any interest generated by pre-financing payments shall be posted to the annual programme concerned, being regarded as a resource for the Member State as national public contribution and shall be declared to the Commission at the time of the declaration of expenditure relating to the final report on the implementation of the annual programme concerned.
6. The amounts paid as pre-financing shall be cleared from the accounts when the annual programme is closed.
Article 42
Payment of balance
1. The Commission shall pay the balance provided it has received the following documents no later than nine months after the eligibility deadline for expenditure laid down in the financing decision approving the annual programme:
(a)
a certified declaration of expenditure, duly drawn up in accordance with Article 31(1)(a) and Article 37, and a request for payment of the balance or statement of reimbursement;
(b)
the final report on the implementation of the annual programme as set out in Article 53;
(c)
the annual audit report, opinion and declaration provided for in Article 32(3).
The payment of the balance shall be subject to the acceptance of the final report on the implementation of the annual programme and of the declaration assessing the validity of the request for payment of the balance.
2. If the responsible authority fails to provide the documents required in paragraph 1 by the due date and in an acceptable format, the Commission shall decommit any part of the budget commitment of the corresponding annual programme that has not been used for payment of the pre-financing.
3. The automatic cancellation procedure defined in paragraph 2 shall be suspended, for the amount of the projects concerned, where legal proceedings or administrative appeals having suspensive effects are under way at Member State level when the documents defined in paragraph 1 are submitted. The Member State shall, in the final report submitted, give detailed information on such projects, and send reports on progress made with regard to these projects every six months. Within three months of the conclusion of the legal proceedings or administrative appeal procedure, the Member State shall present the documents required in paragraph 1 for the projects concerned.
4. The nine-month period referred to in paragraph 1 shall cease to run if the Commission adopts a decision suspending payments of the co-financing for the relevant annual programme in accordance with Article 44. The period shall start to run again from the date when the Commission decision referred to in Article 44(3) has been notified to the Member State.
5. Without prejudice to Article 43, the Commission shall, within six months of receiving the documents referred to in paragraph 1 of this Article, inform the Member State of the amount of expenditure recognised by the Commission as chargeable to the Fund, and of any financial corrections deriving from the difference between declared expenditure and the expenditure recognised. The Member State shall have three months to present its comments.
6. Within three months of receiving the Member State's comments, the Commission shall decide on the amount of expenditure recognised as chargeable to the Fund, and recover the balance arising from the difference between final recognised expenditure and the sums already paid to that Member State.
7. Subject to available funding, the Commission shall pay the balance within no more than sixty days from the date on which it accepts the documents referred to in paragraph 1. The balance of the budgetary commitment shall be decommitted within six months following the payment.
Article 43
Withholding of payments
1. The payment shall be withheld by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of six months if:
(a)
in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the functioning of the management and control systems;
(b)
that officer has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected.
2. The Member State and the responsible authority shall be informed immediately of the reasons for the payment being withheld. The payment shall be withheld until the necessary measures are taken by the Member State.
Article 44
Suspension of payments
1. All or part of the pre-financing and payments of the balance may be suspended by the Commission when:
(a)
there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or
(b)
expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected; or
(c)
a Member State has not complied with its obligations under Articles 33 and 34.
2. The Commission may decide to suspend pre-financing and payments of the balance after having given the Member State the opportunity to present its observations within a period of three months.
3. The Commission shall end suspension of pre-financing and payments of the balance when it considers that the Member State has taken the necessary measures to enable the suspension to be lifted.
4. If the necessary measures are not taken by the Member State, the Commission may adopt a decision to cancel all or part of the net amount or cancel the Community contribution to the annual programme in accordance with Article 48.
Article 45
Conservation of documents
Without prejudice to the rules governing State aid under Article 87 of the Treaty, the responsible authority shall ensure that all the supporting documents regarding expenditure and audits on the programmes concerned are kept available for the Commission and the Court of Auditors for a period of five years following the closure of the programmes in accordance with Article 42(1).
This period shall be interrupted either in the case of legal proceedings or at the duly substantiated request of the Commission.
The documents shall be kept either in the form of the originals or in versions certified to be in conformity with the originals on commonly accepted data carriers.
CHAPTER VIII
FINANCIAL CORRECTIONS
Article 46
Financial corrections by Member States
1. Member States shall, in the first instance, bear the responsibility for investigating irregularities, acting upon evidence of any major change affecting the nature or the conditions for the implementation or control of programmes and making the required financial corrections.
2. Member States shall make the financial corrections required in connection with the individual or systemic irregularities detected in actions or annual programmes.
Corrections made by Member States shall consist in cancelling, and if applicable, recovering all or part of the Community contribution. Where the amount is not repaid in the time allowed by the relevant Member State, default interest shall be due at the rate provided for in Article 49(2). Member States shall take into account the nature and gravity of the irregularities and the financial loss to the Fund.
3. In the event of systemic irregularities the relevant Member State shall extend its enquiries to cover all operations liable to be affected.
4. Member States shall include in the final report on the implementation of the annual programme referred to in Article 53 a list of cancellation procedures initiated for the annual programme concerned.
Article 47
Audit of accounts and financial corrections by the Commission
1. Without prejudice to the powers of the Court of Auditors or the checks carried out by the Member States in accordance with national laws, regulations and administrative provisions, Commission officials or authorised Commission representatives may carry out on-the-spot checks, including sample checks, on the actions financed by the Fund and on management and control systems with a minimum of three working days' notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or authorised representatives of the Member State concerned may take part in such checks.
The Commission may require the Member State concerned to carry out an on-the-spot check to verify the accuracy of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.
2. If, after completing the necessary verifications, the Commission concludes that a Member State is not complying with its obligations under Article 33, it shall suspend the pre-financing or payment of the balance in accordance with Article 44.
Article 48
Criteria for the corrections
1. The Commission may make financial corrections by cancelling all or part of the Community contribution to an annual programme where, after carrying out the necessary examination, it concludes that:
(a)
there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme;
(b)
expenditure contained in a certified declaration of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;
(c)
a Member State has not complied with its obligations under Article 33 prior to the opening of the correction procedure under this paragraph.
The Commission shall decide after having taken into account any comments made by the Member State.
2. The Commission shall base its financial corrections on individual cases of irregularity identified, taking account of the systemic nature of the irregularity to determine whether a flat-rate or extrapolated correction should be applied. Where the irregularity relates to a declaration of expenditure for which a reasonable assurance had previously been given by the audit authority in accordance with Article 32(3)(b), there will be a presumption of a systemic problem giving rise to the application of a flat-rate or extrapolated correction, unless the Member State can provide proof within three months to rebut this presumption.
3. The Commission shall, when deciding the amount of a correction, take account of the importance of the irregularity and the extent and financial implications of the deficiencies found in the annual programme concerned.
4. Where the Commission bases its position on the facts established by auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences, after examining the measures taken by the Member State concerned under Article 34, the reports of notified irregularities and any replies from the Member State.
Article 49
Repayment
1. Any repayment due to be made to the general budget of the European Union shall be effected before the due date indicated in the order for recovery drawn up in accordance with Article 72 of the Financial Regulation. This due date shall be the last day of the second month following the issuing of the order.
2. Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by three and a half percentage points.
Article 50
Obligations of Member States
A financial correction by the Commission shall not prejudice the Member State's obligation to pursue recoveries under Article 46.
CHAPTER IX
MONITORING, EVALUATION AND REPORTS
Article 51
Monitoring and evaluation
1. The Commission shall carry out regular monitoring of the Fund in cooperation with the Member States.
2. The Fund shall be evaluated by the Commission in partnership with the Member States to assess the relevance, effectiveness and impact of actions in the light of the objectives referred to in Article 3 in the context of the preparation for the reports set out in Article 52(3).
3. The Commission shall also consider the complementarity between the actions implemented under the Fund and those pursued under other relevant Community policies, instruments and initiatives.
4. As a part of the report for the period 2007 to 2010 referred to in Article 52(3)(c), the Commission shall assess the impact of the Fund on the development of the policy and legislation on external border control, assess the synergies between the Fund and the tasks of the Agency as well as the appropriateness of the criteria established to allocate the funds between the Member States in light of the objectives pursued by the European Union in this area.
Article 52
Reporting obligations
1. In each Member State the responsible authority shall take the necessary measures to ensure project monitoring and evaluation.
To that end, the agreements and contracts it concludes with the organisations responsible for the implementation of the actions shall include clauses laying down an obligation to submit regular and detailed reports on the progress of implementation and completion of the assigned objectives, which shall be the basis for, respectively, the progress and final reports on the implementation of the annual programme.
2. The Member States shall submit to the Commission:
(a)
by 30 June 2010, an evaluation report on the implementation of actions co-financed by the Fund;
(b)
by 30 June 2012 for the period 2007 to 2010 and by 30 June 2015 for the period 2011 to 2013 respectively, an evaluation report on the results and impact of actions co-financed by the Fund.
3. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:
(a)
by 30 June 2010, a report to review Articles 14 and 15, together with proposals for amendments if deemed necessary;
(b)
by 31 December 2010, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with a proposal on the Fund's future development;
(c)
by 31 December 2012 for the period 2007 to 2010 and 31 December 2015 for the period 2011 to 2013 respectively, an ex-post evaluation report.
Article 53
Final report on the implementation of the annual programme
1. The final report on the implementation of the annual programme shall include the following information in order to obtain a clear view of the implementation of the programme:
(a)
the financial and operational implementation of the annual programme;
(b)
the progress made in implementing the multiannual programme and its priorities in relation to its specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators;
(c)
the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:
(i)
monitoring and evaluation measures, including data collection arrangements;
(ii)
a summary of any significant problems encountered in implementing the operational programme and any measures taken;
(iii)
the use made of technical assistance;
(d)
the measures taken to provide information on and make public the annual and multiannual programmes.
2. The report shall be judged acceptable where it contains all the information listed in paragraph 1. The Commission shall reach a decision on the content of the report submitted by the responsible authority within two months of having received all the information referred to in paragraph 1, which shall be acknowledged to the Member States. If the Commission does not respond within the time limit laid down, the report shall be deemed to be accepted.
3. The Commission shall communicate to the Agency the approved final reports on the implementation of the annual programme.
CHAPTER X
TRANSITIONAL PROVISIONS
Article 54
Preparation of the multiannual programme
1. By way of derogation from Article 20, Member States shall:
(a)
as soon as possible after 7 June 2007 but no later than 22 June 2007, designate the national responsible authority referred to in Article 27(1)(a), as well as, where appropriate, the delegated authority;
(b)
by 30 September 2007, submit a description of the management and control systems referred to in Article 34(2).
2. By 1 July 2007, the Commission shall provide Member States with:
(a)
an estimate of the amounts allocated to them for the financial year 2007;
(b)
estimates of the amounts to be allocated to them for the financial years 2008 to 2013, on the basis of an extrapolation of the calculation for the estimate for the financial year 2007, bearing in mind the proposed annual appropriations for the years 2007 to 2013 as set out in the Financial Framework.
Article 55
The preparation of the 2007 and 2008 annual programmes
1. By way of derogation from Article 23, the following time table shall apply for implementation in the financial year 2007 and 2008:
(a)
by 1 July 2007, the Commission shall provide Member States with an estimate of the amounts allocated to them for the financial year 2007;
(b)
by 1 December 2007, Member States shall present the draft annual programme for 2007 to the Commission;
(c)
by 1 March 2008, Member States shall present the draft annual programme for 2008 to the Commission.
2. As concerns the 2007 annual programme, expenditure actually disbursed between 1 January 2007 and the date on which the financing decision approving the annual programme of the Member State concerned is adopted may qualify for support from the Fund.
3. To allow for the adoption in 2008 of financing decisions approving the annual programme for 2007, the Commission shall make the Community budgetary commitment for 2007 on the basis of the estimate of the amount to be allocated to the Member States, calculated as provided by Articles 14 and 15.
CHAPTER XI
FINAL PROVISIONS
Article 56
Committee
1. The Commission shall be assisted by the common Committee ‘Solidarity and Management of Migration Flows’, established by this Decision.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and 5(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The time-limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at six weeks.
Article 57
Review
The European Parliament and the Council shall review this Decision on the basis of a proposal from the Commission by 30 June 2013.
Article 58
Entry into force and application
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
This Decision shall apply from 7 June 2007, with the exception of Articles 14, 15, 20, 21, 23, 27, Article 33(2), Article 33(5), Article 34, Article 37(4) and Article 56 which shall apply from 1 January 2007.
Article 59
Addressees
This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.
Done at Brussels, 23 May 2007.
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COMMISSION REGULATION (EC) No 1215/2006
of 10 August 2006
on the issue of import licences for high-quality fresh, chilled or frozen beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 936/97 of 27 May 1997 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (2),
Whereas:
(1)
Regulation (EC) No 936/97 provides in Articles 4 and 5 the conditions for applications and for the issue of import licences for meat referred to in Article 2(f).
(2)
Article 2(f) of Regulation (EC) No 936/97 fixes the amount of high-quality fresh, chilled or frozen beef and veal meeting the definition laid down therein which may be imported on special terms for the period 1 July 2006 to 30 June 2007 at 11 500 t.
(3)
It should be recalled that licences issued pursuant to this Regulation will, throughout the period of validity, be open for use only in so far as provisions on health protection in force permit,
HAS ADOPTED THIS REGULATION:
Article 1
1. All applications for import licences from 1 to 5 August 2006 for high-quality fresh, chilled or frozen beef and veal as referred to in Article 2(f) of Regulation (EC) No 936/97 shall be granted in full.
2. Applications for licences may be submitted, in accordance with Article 5 of Regulation (EC) No 936/97, during the first five days of September 2006 for 2 514,507 t.
Article 2
This Regulation shall enter into force on 11 August 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 August 2006.
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COMMISSION REGULATION (EEC) No 43/91 of 7 January 1991 extending Regulation (EEC) No 235/86 introducing a Community surveillance of imports of video tape recorders originating in South Korea
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports (1), as last amended by Regulation (EEC) No 3156/90 (2), and in particular Article 10 thereof,
Having consulted the committee set up under the abovementioned Regulation,
Whereas Commission Regulation (EEC) No 235/86 (3), as last amended by Regulation (EEC) No 4029/89 (4), extended until 31 December 1990 Community surveillance of imports of video tape recorders orginiating in South Korea;
Whereas the reasons which were the basis for Regulation (EEC) No 235/86 are essentially still valid and consequently the surveillance regime should be extended to these products,
HAS ADOPTED THIS REGULATION: Article 1
In Article 3 of Regulation (EEC) No 235/86, '31 December 1990' is replaced by '31 December 1991'. Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1991.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 January 1991.
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COUNCIL REGULATION (EC) No 3543/93 of 7 December 1993 temporarily suspending the autonomous Common Customs Tariff duties on a number of products intended for the construction, maintenance and repair of aircraft
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas production of the products referred to in this Regulation is at present inadequate or non-existent within the Community and producers are thus unable to meet the needs of user industries in the Community;
Whereas it is in the Community's interest to suspend the autonomous Common Customs Tariff duties for these products completely;
Whereas the decision for the suspension of these autonomous duties should be taken by the Community;
Whereas, taking account of the difficulties involved in accurately assessing the development of the economic situation in the sectors concerned in the near future, these suspension measures should be taken only temporarily, by fixing their period of validity by reference to the interests of Community production,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1994, the autonomous Common Customs Tariff duties for the products listed in the Annex shall be totally suspended, provided that the said products are intended, on conditions to be determined by the competent authorities, for the construction, maintenance and repair of aircraft.
Article 2
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, 7 December 1993.
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COUNCIL DECISION
of 15 February 2007
amending the Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies
(2007/117/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention) (1),
Having regard to the Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-European Union related bodies (2), and in particular Article 2 of that Act,
Having regard to the Council Act of 3 November 1998 laying down rules governing the receipt of information by Europol from third parties (3), and in particular Article 2 of that Act,
Having regard to the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (4), and in particular Articles 2 and 3 of that Act,
Whereas:
(1)
Operational requirements and the need to combat in an effective way organised forms of criminality through Europol, require that Montenegro be added to the list of third States with which the Director of Europol is authorised to start negotiations.
(2)
Council Decision of 27 March 2000 (5) should therefore be amended,
HAS DECIDED AS FOLLOWS:
Article 1
Article 2(1) of the Council Decision of 27 March 2000 under the heading ‘Third States’, the following State shall be added to the alphabetical list:
‘-
Montenegro’.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the day following that of its adoption.
Done at Brussels, 15 February 2007.
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COUNCIL DECISION of 21 March 1991 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Morocco fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Morocco, for the period 1 November 1987 to 31 December 1991 (91/162/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 Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (1), which entered into force on 1 November 1978, and in particular to Annex B thereof,
Having regard to the recommendation from the Commission,
Whereas it is necessary to approve the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Morocco fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Morocco, for the period 1 November 1987 to 31 December 1991,
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 fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Morocco for the period 1 November 1987 to 31 December 1991 is hereby approved on behalf of the Community.
The text of the Agreement is annexed to this Decision.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement for the purpose of binding the Community.
Article 3
This Regulation shall take effect on the day following its publication in the Official Journal of the European Communities.
Done at Brussels, 21 March 1991.
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Council Decision
of 9 April 2001
concluding consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement
(2001/334/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the ACP-EC Partnership Agreement signed at Cotonou (Benin) on 23 June 2000 as already put into anticipated application by Decision 1/2000 of the ACP-EC Council of Ministers,
Having regard to the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement, as put into provisional application by Decision of the Representatives of the Governments of the Member States of 18 September 2000, and, in particular, Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The essential elements cited in Article 9 of the ACP-EC Partnership Agreement have been violated by the unconstitutional replacement of the democratically elected Government of Fiji and the repeal of the 1997 Constitution.
(2) Consultations under Article 96 of the ACP-EC Partnership Agreement were held on 19 October 2000, at which the Fijian authorities explained their point of view and made specific commitments particularly as regards the timetable for constitutional revision, the holding of free and fair elections before the end of June 2002 and the bringing to justice of those responsible for the 19 May coup.
(3) Recent positive elements of Fiji's political development towards a return to a democratic system, which complement the above commitments, have also to be taken into consideration.
(4) Democratic government has yet to be fully restored in Fiji,
HAS DECIDED AS FOLLOWS:
Article 1
Consultations with the Republic of the Fiji Islands under Article 96(2)(c) of the ACP-EC Partnership Agreement are hereby concluded.
Article 2
The measures specified in the attached draft letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the ACP-EC Partnership Agreement.
The Council shall revoke these measures once free and fair elections have taken place and a legitimate government has assumed office in Fiji, in conditions which ensure respect for human rights, democratic principles and the rule of law.
This Decision shall be reviewed within six months.
Article 3
This Decision shall take effect on the date of its publication in the Official Journal of the European Communities.
Done at Luxembourg, 9 April 2001.
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COUNCIL REGULATION (EC) No 1910/2006
of 19 December 2006
imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the ‘basic Regulation’) (1) and in particular Article 11(2) thereof,
Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee,
Whereas:
1. PROCEDURE
1.1. Measures in force
(1)
The Council, by Regulation (EC) No 1015/94 (2), imposed a definitive anti-dumping duty on imports of television camera systems (‘TCS’) originating in Japan (‘the original investigation’).
(2)
In September 2000, the Council, by Regulation (EC) No 2042/2000 (3), confirmed the definitive anti-dumping duties imposed by Regulation (EC) No 1015/94 pursuant to Article 11(2) of the basic Regulation (‘the previous review investigation’).
1.2. Request for a review
(3)
Following the publication of a notice of impending expiry of the anti-dumping measures in force on television camera systems (‘TCS’) originating in Japan (4), the Commission received, on 28 June 2005, a request to review these measures pursuant to Article 11(2) of the basic Regulation.
(4)
This request was lodged by Grass Valley Nederland BV, a Community producer representing more than 60 % of the total Community production of TCS (‘the applicant’). Grass Valley is the resulting company following the acquisition of Philips Digital Video Systems by Thomson Multimedia, owner of Thomson Broadcast Systems. The request for an expiry review was based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry.
(5)
Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review pursuant to Articles 11(2) of the basic Regulation, the Commission initiated this review on 29 September 2005 (5).
1.3. Parallel investigation
(6)
On 18 May 2006, the Commission initiated a new anti-dumping proceeding concerning imports of certain camera systems originating in Japan, and an interim review of the anti-dumping measures on imports of television camera systems originating in Japan (6). The scope of the new anti-dumping proceeding includes television camera systems covered by the measures in force mentioned in recital (2). Should it be determined that measures are to be imposed on certain camera systems originating in Japan, and thus cover the television camera systems subject to measures by the present Regulation, the continued imposition of measures imposed by the present Regulation will no longer be appropriate, and would have to be amended or repealed accordingly.
1.4. Current Investigation
1.4.1. Procedure
(7)
The Commission officially advised the exporting producers, users/importers, raw material producers known to be concerned, the representatives of the exporting country and the Community producers of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.
(8)
Questionnaires were sent to the applicant Community producer, two other known Community producers, 25 users, nine raw material producers, and to the five known exporting producers in Japan. Replies were received from one Community producer, one Japanese exporting producer and its related company in the Community, four users/importers and one raw material supplier.
(9)
The Commission sought and verified all the information deemed necessary for its investigation, and carried out verification visits at the premises of the following companies:
Community producer:
-
Grass Valley Netherlands BV, Breda (the Netherlands)
Other producers in the Community:
-
Ikegami Electronics (Europe) GmbH - UK Branch, Sunbury on Thames (United Kingdom)
Producer in the exporting country:
-
Ikegami Tsushinki Co., Ltd, Tokyo
(10)
The analysis focuses mainly on standard definition (SD) because SD TCS constitutes the vast majority of the products subject to the measures. It is also noted that a HD TCS, with a similar performance and quality as an SD TCS having a S/N ratio of 62dB (therefore subject to the current measures), may present a S/N ratio of less than 55dB, and consequently not be covered by the measures. This was also confirmed by the Community industry. One interested party, which did not cooperate in the present investigation, requested that the product definition of this review be aligned with the one of the new investigation referred to in recital (6). However, the current review cannot change the product definition and it is limited to determine whether the measures in force should be maintained or repealed. Therefore the argument had to be rejected.
1.4.2. Investigation period
(11)
The investigation regarding the likelihood of a continuation or recurrence of dumping and injury covered the period from 1 October 2004 to 30 September 2005 (‘investigation period’ or ‘IP’). The examination of the trends relevant for the assessment of a likelihood of a continuation or recurrence of injury covered the period from 1st January 2002 up to the end of the IP (‘period considered’, injury investigation period or ‘IIP’).
2. PRODUCT CONCERNED AND LIKE PRODUCT
2.1. Product concerned
(12)
The product concerned is the same as that in the original investigations which led to the imposition of measures currently in force, i.e. television camera systems.
(13)
As set out in Council Regulation No 1015/94, TCS may consist of a combination of the following parts, imported either together or separately:
(a)
a camera head with three or more sensors (12 mm or more charge-coupled device pick-up devices) with more than 400 000 pixels each, which can be connected to a rear adaptor, and having a specification of the signal to noise ratio of 55dB or more at normal gain; either in one piece with the camera head and the adaptor in one housing, or separate;
(b)
a viewfinder (diagonal of 38 mm or more);
(c)
a base station or camera control unit (CCU) connected to the camera by a cable;
(d)
an operational control panel (OCP) for camera control (i.e. for colour adjustment lens opening or iris) of single cameras;
(e)
a master control panel (MCP) or master set-up unit (MSU) with selected camera indication, for the overview and for adjustment of several remote cameras.
(14)
The products covered by this review are currently classifiable within CN codes ex 8525 30 90, ex 8537 10 91, ex 8537 10 99, ex 8529 90 81, ex 8529 90 95, ex 8543 89 97, ex 8528 21 14, ex 8528 21 16 and ex 8528 21 90.
(15)
Products not covered by this proceeding are:
(a)
lenses;
(b)
video tape recorders;
(c)
camera heads with the recording unit in the same, inseparable housing;
(d)
professional camera systems which cannot be used for broadcast purposes;
(e)
Professional camera systems listed in the Annex.
2.2. Like product
(16)
As established in the previous investigations mentioned in recitals (1) and (2), the current investigation confirmed that the product concerned manufactured by Japanese exporting producers and sold in the Japanese market and in the Community and the product manufactured and sold by the applicant Community producer on the Community market use the same basic technology and both conform with world-wide applicable industry standards. These products also have the same applications and uses, they consequently have similar physical and technical characteristics, are interchangeable and competing with each other. Therefore, these products are alike within the meaning of Article 1(4) of the basic Regulation.
3. LIKELIHOOD OF A CONTINUATION OR RECURRENCE OF DUMPING
3.1. Preliminary remarks
(17)
As in the previous review investigation, the level of cooperation of the Japanese exporting producers in the present proceeding was particularly low. Only one producer out of five cooperated. Out of the remaining four producers known to the Commission, none submitted a questionnaire reply although, according to facts available, and in particular the database maintained by the Commission under Article 14(6) of the basic Regulation (‘the 14(6) database’), at least three of them likely have exported TCS to the Community during the IP.
(18)
Only one exporting producer cooperated which did not, however, export the product concerned to the Community. Given the low degree of cooperation, no reliable information on imports of the product concerned to the Community during the IP could be gathered directly from the exporting producers. Moreover, in line with previous findings, the statistical information available from Eurostat appeared not to be reliable since the CN codes under which the product concerned is classifiable also record imports of other products, without any possibility of distinction. Therefore, Eurostat information had also to be disregarded to determine whether there were imports of TCS from Japan and in which quantities and values. Under these circumstances and in accordance with Article 18 of the basic Regulation, the Commission resorted to the use of the facts available, i.e. information contained in the 14(6) database and the request for the initiation of the review. On this basis, the volumes and values of TCS originating in Japan imported in the Community during the period considered were best estimated.
3.2. Dumping of imports during the investigation period
(19)
Given the insufficient cooperation/non-cooperation by exporting producers in Japan, and the fact that the sole cooperating exporting producer in Japan did not export to the Community during the IP, the Commission sought information regarding the continuation of dumping from other sources, and in particular in the information submitted by the applicant and in the 14(6) database, in accordance with Article 18 of the basic Regulation.
(20)
The 14(6) database shows that there were significant imports of the product concerned during the IP, and in particular of around 10 television camera heads (‘TCH’), which is the essential and most valuable part of a system. It is recalled that given the low cooperation and the fact that the sole cooperating exporting producer did not export to the Community during the IP, no formal dumping calculation could be processed on the product concerned.
(21)
Given the above, and in accordance with Article 18 of the basic Regulation, the Commission had to rely on the facts available, i.e. the evidence provided in the applicant's request, which showed that the dumping level for two models of the product concerned after payment of the duties is significant, reaching for one model more than 10 %.
(22)
As a conclusion, it appears from the evidence available that there is a likelihood of continuation of dumping practices by the Japanese exporting producers.
3.3. Development of imports should measures be repealed
3.3.1. Preliminary remarks
(23)
Worldwide producers of TCS are located only in Japan and in the EU. Therefore, the sales worldwide are divided among these producers. There are at least two known Community producers, out of which one is related to Japanese exporting producers, which produce for the Community market. There are five known Japanese exporting producers, which produce and sell worldwide.
(24)
It is recalled that measures have been in force since 1994. Moreover, in 1999, the Commission reached the conclusion that the exporting producers were absorbing the measures and therefore decided to increase their anti-dumping duties to very significant levels for the concerned exporting producers (up to 200,3 %). Finally, in 2000, an expiry review of the measures in force showed that measures should be extended for another period of five years given the likelihood of continuation and recurrence of dumping and injury.
3.3.2. Relationship between prices in the Community and the exporting country
(25)
Given the low cooperation from the exporting producers, the only available sources of information for the prices of the product concerned in Japan were the sales data from the sole cooperating exporting producer (Ikegami), the information gathered from the applicant and the information in the request for this investigation.
(26)
As mentioned in recitals (20) above, the TCH is the central and most valuable part of a television camera system in terms of value, and it was therefore considered appropriate to assess the relationship between prices in Japan and prices in the Community on this basis.
(27)
With the information in the request and the information gathered during the verification visits, it appears that the prices charged by Community producers in the Community are higher than the ones prevailing in the Japanese domestic market.
(28)
However, it has been shown above that despite this fact, Japanese companies are willing already today to export to the Community at prices without the anti-dumping duties which are by far lower than the ones prevailing in the Community and in their domestic market. The same is true for their exports to third countries.
(29)
On this basis, it can be expected that, should measures be allowed to lapse, imports would likely enter the Community at prices which would very significantly be dumped and would undercut the Community prices, since there is no reason to believe that Japanese exporting producers would modify their pricing behaviour in this case. Moreover, the high price level on the Community market also constitutes an incentive for the Japanese exporting producers to shift parts of the domestic sales to the EU.
(30)
Finally, since the measures in force are high (from 52,7 to 200,3 %), the Japanese exporting producers would have a significant margin of manoeuvre in setting the new prices should measures be allowed to lapse and should they decide to increase their export prices. In all cases, as shown before, any increase of prices below the existing measures in force would undercut the Community prices.
3.3.3. Relationship between export prices from Japan to third countries and prices in the exporting country
(31)
Given the low cooperation from the exporting producers, an analysis was carried out regarding the prices from Japan to third countries, of the sole cooperating exporting producer compared to those at which products were sold in Japan. In this respect, the vast majority of the sales to third countries were taken into account.
(32)
In order to carry out a proper comparison between such prices, adjustments were made when warranted for level of trade, transport, insurance, and credit costs. All elements of the systems, and not only the camera heads, were included in the comparison, since detailed information was available.
(33)
The comparison showed that the company was selling to third countries at significantly lower prices than to its domestic market.
(34)
With the information available, it can be considered that the company sells its products to third countries very likely at dumped prices (around 20 %). This confirms the prima facie evidence contained in the request that exporting producers sell at significantly dumped prices to other third countries.
(35)
There is no evidence available indicating that other Japanese exporting producers do not follow the same pricing policy and are not selling at likely dumped prices to other third countries.
(36)
On this basis, it is concluded that Japanese exporting producers have sold for export to third countries at prices significantly lower than prices on their domestic market and that these export prices were very likely at dumped levels during the IP, and there is no evidence that this practice will change.
3.3.4. Relationship between export prices from Japan to third countries and the price level in the Community
(37)
According to facts available, i.e. the request and the information given by the sole cooperating exporting producer, prices at which the exporting producers sell the product concerned to third countries are much lower than those prevailing in the Community. The difference can reach 220 % depending on the market. Thus, should measures be allowed to lapse, there would be a significant incentive for the Japanese exporting producers to redirect parts of their exports to third countries to the Community market.
(38)
It is also noted that the Community is the sole country where anti-dumping measures are in force against the product concerned. There is no evidence that producers would adopt a different pricing policy than the one followed for exports to third countries should measures be allowed to lapse.
3.3.5. Unused capacities and stocks
(39)
The applicant argued that, due to the nature of the product, capacity is flexible, and that Japanese exporting producers could expand theirs within a very short period of time. This has been confirmed by the on-spot verification at the sole cooperating exporting producer in Japan.
(40)
Indeed, the production process needs manpower, but is not bottlenecked by a particular production process or machine. Since the production line is mainly manual, it is enough to increase the number of shifts and the personnel employed in order to increase capacity. The most important bottleneck of the capacity increase is indeed the time it takes to train new employees to assemble and manufacture TCS. The sole possible mechanical bottleneck which would need a high investment to increase production is the machine producing the optical block. However, no evidence was found that this was, given the current production levels, a likely limiting factor of a possible production capacity increase. Furthermore, since the company was not fully using all possible shifts, it is concluded that production capacity could be quickly and significantly increased. Moreover, no evidence was submitted that the cost related to such an increase of the capacity would be high with regard to the value of the products produced.
(41)
This increase can be very significant given the low ‘entry ticket’ to be paid by the Japanese exporting producers to sell increased quantities in the Community (existing distribution channels and low level of investment to increase capacity).
(42)
Given the above, and given the fact that there is no evidence showing that this situation is not the same for all other exporting producers, it can be concluded that there is a likelihood that production capacity could increase significantly within a short period of time, should producers in Japan need to do so.
(43)
On the basis of the above, it can be concluded that there is a likelihood of increased imports into the EC should measures be allowed to lapse. The above has to be seen in the light of the attractive prices in the Community with regard to third countries as shown above, already existing channels of distribution, and of the fact that increasing capacity could be undertaken at a relatively low cost (training of new specialised workers).
3.4. Conclusion
(44)
Given the above described specificities of the market, i.e. that prices in the Community are higher than in third countries and in the Japanese domestic market, there are strong incentives to redirect parts of the sales to the Community market, likely at low prices to regain lost market shares. Moreover, as the production capacity is quickly expandable, it is very likely that imports of the product concerned would resume in significant quantities. Since there is no evidence that Japanese exporting producers would change their pricing behaviour in order to increase prices should measures be allowed to lapse, it is also very likely that these increased imports will be made at dumped prices.
(45)
On the basis of the above, it is concluded that there is a likelihood of recurrence of dumping of the product concerned by Japanese exporting producers should measures be allowed to lapse, and therefore that the measures in force should be maintained.
4. DEFINITION OF THE COMMUNITY INDUSTRY
(46)
In 2001, Philips Digital Video Systems (‘Philips DVS’) was taken over by Thomson Multimedia, owner of Thomson Broadcast Systems (‘TBS’), another Community producer of TCS, and the merged Philips DVS/TBS entity became Grass Valley Nederland B.V., the applicant.
(47)
One exporting producer argued that since five years ago, virtually all television camera systems sold by its related company in the Community were manufactured by that company in the Community. It was further argued that since this manufacturing facility did not only supply the EC market but the entire world, any decision regarding the existing anti-dumping duties was not likely to affect it.
(48)
Since this exporting producer did not provide any further information, in particular a reply to the questionnaires intended for other Community producers, it was not possible to investigate in detail the precise nature of its activities, including in the Community.
(49)
Another economic operator producing TCS in the Community and related to a Japanese exporting producer cooperated in this investigation and opposed the current measures. This economic operator argued that imports of TCS from Japan were made on a sporadic basis and merely to complement their operations in the EC. The verification on-spot revealed that only one particular model was assembled in those Community facilities with parts originating in Japan and the Community although, at the time of verification, no production of the CCD (charge-coupled device) block, the most important part of a camera head, was actually taking place. In addition, the investigation revealed that there are no other reasons for the production of such model to take place in the Community other than the existence of measures on TCS.
(50)
In any event, the present investigation confirmed that the applicant represented more than 60 % of the Community production of television camera systems. It therefore constitutes the Community industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation and is hereinafter referred to as the ‘Community industry’.
5. SITUATION ON THE COMMUNITY MARKET
5.1. Preliminary remarks
(51)
For the reasons explained in recitals (19) to (20) above, the analysis with regard to the situation on the Community market was based on collected data relating to television camera heads (‘TCH’).
(52)
As mentioned above, it was not possible to obtain data from one Japanese exporting producer which allegedly has manufacturing facilities in the Community market. As mentioned above, those Japanese parties which actually exported the product concerned to the Community did not cooperate. Consequently, in particular with regard to consumption, the Commission made use of facts available, in accordance with Article 18 of the basic Regulation.
(53)
Given the fact that data regarding sales and production was available from only one or two interested parties, and given the business sensitivity of such information, it is considered appropriate not to disclose absolute figures. They have therefore been replaced by the symbol ‘-’ and indexes were provided.
5.1.1. Consumption in the Community market
(54)
Apparent Community consumption of TCHs was assessed on the basis of the volume of sales in the Community as provided by the Community industry, the sales volume of Ikegami Electronics (Europe) GmbH, statistics of imports of TCHs from Japan obtained from the 14(6) database, as well as information on purchases provided by one user of TCS. Due to the non-cooperation by one Japanese exporting producer which allegedly also produces TCS in the Community, it is likely that Community consumption is slightly underestimated although the overall trends and conclusions drawn would not be significantly altered.
Table 1
Community consumption of TCHs
2002
2003
2004
IP
Units
-
-
-
-
Index
100
104
123
103
Source: Verified questionnaire replies and 14(6) database
(55)
Community consumption increased by 3 % between 2002 and the IP. However, there was a significant increase in 2004, when imports reached their higher level. In the IP, Community consumption decreased, by around 15 %, when compared with 2004.
5.1.2. Current imports from the country concerned
(i) Import volume and market share of the imports concerned in the IIP
(56)
During the period considered, the import volume of TCHs from Japan remained relatively low. However, they have increased almost tenfold between 2002 and 2004, reaching around 30 units. In the IP, imports decreased when compared with 2004 but remained significantly above those in 2002. In overall terms, during the period considered imports increased almost threefold. The Community industry argued that the volume of imports was underestimated since, on the basis the market information it had, deliveries in the EC by Japanese producers were significantly more than what could be allegedly produced in the Community by those companies. It was further argued that measures were probably being circumvented through imports of camera parts. However, this information provided was not in line with the findings of the investigation i.e. the verification visits and information received from independent users. In addition, the scope of the present review is not such as to determine whether the measures in force are being circumvented, although it is recognised that circumvention practices can have an impact on the situation of the Community industry.
(57)
The market share of imports increased constantly until 2004, when they reached their highest level. Despite a significant decrease in the IP, less than half of the 2004 level, imports have nevertheless increased their market over the period considered.
Table 2
Imports of TCHs from Japan and market share
2002
2003
2004
IP
Import volume
-
-
-
-
Index
100
167
1 000
300
Market share
-
-
-
-
Index
100
161
816
291
Source: Verified questionnaire replies and 14(6) database
(ii) Price evolution and price behaviour of the imports of the product concerned
(58)
In the absence of cooperation, no reliable information was available with regard to price levels of imports of TCHs. Indeed, Japanese exporting producers make their sales of the product concerned exclusively to related importers in the Community. Therefore, the price levels available from the 14(6) database are prices between related parties and they cannot consequently be considered as reliable. This is particularly so given the fact that due to the measures in force, the companies may decide to allocate profits to the Community entities.
(59)
Thus, no conclusion could be drawn with regard to the price evolution and price behaviour of the imports of the product concerned.
5.1.3. Economic situation of the Community industry
(60)
For the sake of clarity it is noted that the Community industry has supplied information in its questionnaire reply, with regard to TCS rather than to TCHs only. This was not considered a problem given the fact that each TCS will typically have a TCH. Therefore, for the sake of examining trends, and in the absence of more detailed information with regard to the activities of the Japanese exporting producers in the Community, the economic situation of the Community industry was done on the basis of data pertaining to TCS.
(i) Output, production capacity and capacity utilisation
(61)
Total production of TCS by the Community industry has increased slightly over the period considered. After a decrease of 8 % in 2003, production increased significantly in 2004, i.e. by around 35 %. During the IP, however, production decreased by around 16 % when compared with 2004, although to a level which still represented an increase of 5 % when compared with 2002.
Table 4
Production volume
2002
2003
2004
IP
Production
-
-
-
-
Index
100
92
124
105
Source: Verified questionnaire reply
(62)
Production capacity of the Community industry remained stable until 2004. However, in the IP a reduction of 14 % occurred following a re-organization of the company and allowed the company to adapt its production capacity to existing demand. In fact, as described below, such reduction in capacity was accompanied by stable capacity utilisation rates between 2004 and the IP.
(63)
With the increased production, and the adjustment in production capacity, capacity utilisation increased over the period considered. Overall, the capacity utilisation rate has followed similar trends as those of production, increasing between 2002 and 2004, with a nadir in 2003. In the IP, capacity utilisation remained stable in comparison with 2004 but was still around 20 % above the 2002 level.
Table 5
Production capacity and capacity utilisation
2002
2003
2004
IP
Production capacity
-
-
-
-
Index
100
100
100
86
Capacity utilisation
-
-
-
-
Index
100
92
124
122
Source: Verified questionnaire reply
(ii) Stocks
(64)
Stocks decreased significantly in 2003 (- 17 %) but increased in the following year, while still remaining 11 % below 2002 levels. The abnormal increase of inventories in the IP is explained by the fact that the IP ended before the end of the financial year when a number of orders was still to be delivered.
Table 6
Stock volume
2002
2003
2004
IP
Stock
-
-
-
-
Index
100
83
89
172
Source: Verified questionnaire reply
(iii) Sales volume, prices and market share
(65)
Sales by the Community industry on the Community market increased between 2002 and 2004 by 10 %, without, however, matching the expansion of the Community consumption, which substantially increased, i.e. by 23 % during the same period. This lead to an overall decrease of the Community industry's market share of more than 20 percentage points over the period considered, to the benefit of imports from Japan and other operators in the Community. In the IP, sales have decreased significantly compared with 2004 levels, which led to a further reduction in the Community industry market share.
(66)
However, it should be noted that the figures and trends observed with regard to the Community industry's market share had to be based on facts available in particular because the one other producer in the Community did not deliver his sales and production figures.
(67)
As far as average sales prices are concerned, over the period considered these have decreased by 3 %, although between 2002 and 2003 there was an increase of 7 %. However, the relatively small decrease of prices over the period considered hides a change in the product mix, as the Community industry introduced new products with higher (and more costly) configurations.
Table 7
Sales volume, prices and market share
2002
2003
2004
IP
Sales volume (units)
-
-
-
-
Index
100
103
110
79
Avg. prices (EUR/unit)
-
-
-
-
Index
100
107
98
97
Market share
-
-
-
-
Index
100
99
89
76
Source: Verified questionnaire reply
(iv) Employment, productivity and wages
(68)
Over the period considered, employment decreased (over 24 %) which, with the increase in production, resulted in a significant increase of productivity (37 %). It should be noted that the decrease in employment was accompanied by an increasing resort to workers under temporary/flexible contracts, therefore reducing the company's fixed costs.
(69)
Indeed, over the period considered the Community industry managed to significantly reduce its labour costs (- 14 %). As a consequence, the Community industry was able to reduce the proportion of labour costs in the total cost of production by several percentage points. This reveals a clear attempt by the Community industry to adapt its production structure and to reduce its fixed costs.
Table 8
Employment, productivity and wages
2002
2003
2004
IP
Employment
-
-
-
-
Index
100
102
87
76
Productivity (units per employee)
-
-
-
-
Index
100
90
142
137
Labour costs (000 EUR)
-
-
-
-
Index
100
97
103
86
Source: Verified questionnaire reply
(v) Profits
(70)
It should be noted that profitability of the Community industry was still negative during the investigation period of the last expiry review, and which led to the extension of the anti-dumping measures in force at the time. This situation has been reversed now and between 2002 and 2004 the Community industry presented positive profitability levels.
(71)
Indeed, profitability of the Community industry increased until 2004, even if higher profits (above 10 %) are normally expected in order to enable the industry to keep pace with requirements of technological developments. Thus, even in 2003 and 2004, the years with the highest profit margins, the levels were not sufficient to guarantee that the Community industry could continue to invest substantial volumes in new developments, as it is expected in this sector.
(72)
In the IP the situation with regard to profitability deteriorated considerably, reaching significant losses. This can be explained by two factors: on one side, the significant decrease of sales in the Community during the IP caused an increase in average fixed costs with the consequent negative impact on profitability. On the other side, the Community industry was unable to pass-on an increase in costs of certain raw materials as well as the additional R&D and selling expenses, arising from a wider network of sales offices, aimed at providing better services to its customers. It should also be noted, as described above under recital (67), that the small decrease of the average sales prices between 2004 and the IP, hides a change in the product mix, as the Community industry introduced new products with higher (and more costly) configurations, but was prevented from increasing prices proportionally.
Table 9
Profitability
2002
2003
2004
IP
Profitability ( %)
-
-
-
-
Index
100
176
251
- 321
Source: Verified questionnaire reply
(vi) Investments, return on investment and ability to raise capital
(73)
Investments have remained at high levels although decreased by 13 % in 2003. This was however recovered in the following year by an almost threefold increase, which was due to the Community industry's re-layouting and streamlining of production, as well as the continuous high R&D investments which are required in this industry.
(74)
Return on investments, expressed as the profit in percentage of the net book value of investments, broadly followed the trend in profitability described above.
Table 10
Investments and return on investment (RoI)
2002
2003
2004
IP
Investments (000 EUR)
-
-
-
-
Index
100
87
237
148
RoI
-
-
-
-
Index
100
143
182
- 116
Source: Verified questionnaire reply
(75)
The Community industry was not found to be experiencing difficulties in raising capital during the period considered.
(vii) Cash flow
(76)
Cash flow increased significantly until 2004 (39 %). This positive trend indicates that recovery of the industry was taking place. It should be noted that in 2004, cash flow represented only around 10 % of the total sales made in the Community which cannot be considered as excessive. However, during the IP cash flow was significantly affected by the negative profitability levels.
Table 11
Cash flow
2002
2003
2004
IP
Cash flow (000 EUR)
-
-
-
-
Index
100
99
139
-70
Source: Verified questionnaire reply
(viii) Growth
(77)
Between 2002 and the IP, the Community consumption increased by 3 %, while the volume of sales of the Community industry on the Community market decreased by 21 %. The Community industry lost more than 20 percentage points of market share, whereas dumped imports and other Community producers increased theirs.
(78)
In recent years, the TCS market has been characterized by a shift from standard definition TCS to high definition. It is expected that this trend will intensify in the future. However, as high definition transmission has not yet become widespread, a significant number of broadcasters, in particular the smaller or regional ones, continue to buy standard definition TCS, attracted by the relatively lower prices. Indeed, the Community industry was not able to benefit from the growth in the market, as revealed by its loss of market share.
(79)
In addition, production and sales of standard definition TCS continue to constitute an important feature for any producer of TCS not least because, due to high capital intensive nature of this industry, fixed costs tend to be naturally high. Therefore, it continues to be important that the Community industry benefits from the wider sales volumes offered by sales of standard definition TCS, in order to spread those fixed costs.
(ix) Magnitude of the dumping margin
(80)
The analysis with regard to the magnitude of dumping must take into account the fact that there are measures in force in order to eliminate injurious dumping. As determined above in recital (22) above, the information available indicates that the Japanese exporting producers continue to sell to the Community at dumped prices. Indeed, the margin of dumping found is significant and its impact on the situation of the Community industry cannot be considered negligible, in particular when associated with the significant volumes that could also arise.
(x) Recovery from the effects of past dumping
(81)
The situation of the Community industry improved to a certain extent during the period considered, since the extension of measures in 2000 through the previous expiry review. However, the indicators set out above also show that the Community industry is still fragile and vulnerable.
5.1.4. Effects of other factors on the situation of the Community industry
(i) Export activity of the Community industry
(82)
The investigation showed that the export activity of the Community industry developed as follows:
Table 12
Community industry exports
2002
2003
2004
IP
Volume (unit)
-
-
-
-
Index
100
117
193
148
Value (000' EUR)
-
-
-
-
Index
100
126
146
93
Avg. price (EUR/unit)
-
-
-
-
Index
100
107
75
63
Source: Verified questionnaire reply
(83)
Quantities exported by the Community industry grew significantly from 2002 to 2004, but decreased by more than 20 % in the IP. However, the sales level during the IP represents still almost 50 % more than the sales level at the beginning of the period considered. This overall positive trend was concomitant to an accentuated decrease in average prices, explained by the strong competition at extremely low prices faced in third country markets (see recital (35)).
(84)
Indeed, the investigation showed that the Community industry was faced with competition at extremely low prices in third countries, in particular in emerging markets such as Brazil and China, and that in order to be able to maintain a significant level of production and sales, it has been forced to substantially lower its prices to third countries. Naturally, this had negative consequences on its overall profitability.
(ii) Other producers in the Community
(85)
One factor which could explain the fact that the Community industry has not yet fully recovered its economic situation, taking into account in particular the loss of market share and the negative profitability level during the IP, is the setting up by certain Japanese exporting producers of operations in the Community which allegedly also produce TCS to be sold in the Community market. Indeed, other producers in the Community have gained significant market share during the period concerned (see recital (65) above). However, given the non-cooperation from one Japanese producer allegedly producing in the Community, it cannot be excluded that whatever gain in market share by that company is the result not from better competitive practices but from a pure transfer of the dumping practices into the Community via the assembly of the product in the Community, therefore undermining the effects of the measures.
(86)
In this regard it should be noted that at least in one case, the investigation found no other reason for such operations in the Community other than the existence of measures and the need to avoid them (see recital (49)).
5.1.5. Conclusion on the situation of the Community industry
(87)
The current state of the Community industry should be seen in light of the fact that measures are in place.
(88)
Sales in the Community market, production volume and capacity utilisation rate have increased significantly until 2004. Profitability and productivity have also improved until 2004, while the labour costs have been reduced. Cash flow, return on investment and stocks also had positive trends until 2004.
(89)
However, over the period considered the market share of the Community industry followed a negative trend, with a loss of more than 20 percentage points. Since 2000, there was an increase of activity of other economic operators in the Community which allegedly also produce TCS. This, together with imports from Japan at dumped prices, has prevented the Community industry from reflecting on its sales prices increased costs incurred with R&D, production and sales of TCS, leading it to negative profitability in the IP.
(90)
The Community industry's export performance was also affected by dumped prices in those markets, and forced it to reduce significantly (more than 30 %) its average prices to third countries with the consequent negative effects on the industry's overall profitability. This is a good indication of how the Community market of TCS could evolve in the absence of measures.
(91)
Overall, it has to be concluded that the state of the industry has generally improved until 2004 but certain indicators (e.g. sales volume in the Community, profitability, return on investment and cash flow) have inverted their positive developments in the IP. It can thus be concluded that the Community industry is in an improved situation when compared with the previous review investigation, and it has shown to be viable and competitive as it has significantly lowered its fixed costs and improved its productivity. However, it was still not able to fully recover and remains thus very fragile and vulnerable, as it can be concluded from the evolution in the IP.
6. LIKELIHOOD OF RECURRENCE OF INJURY
6.1. Impact of the projected volume and price effects in case of repeal of measures on the state of the Community industry
(92)
It is recalled that in recital (43) it was concluded that the expiry of the measures would be likely to lead to an increase of dumped exports from Japan to the Community.
(93)
When examining the likely impact of additional low-priced imports on the situation of the Community industry it is noted that the arrival of significant quantities of dumped imports would immediately cause a severe price depression on the Community market as the Community industry would be likely to first try to maintain its market share and its production level, as it could be observed during the period considered with regard to sales to third countries. Should this happen, the Community industry's loss of profitability would be significant and its financial situation would deteriorate.
(94)
It is recalled that in the market of TCS, the survival of a producer depends also on its ability to keep pace with new technological developments and thus to invest appropriately in R&D, state-of-the-art production facilities and training of employees. Therefore, it is vital that the Community industry reaches a certain profitability level which also has to be achieved by keeping the sales price at a level that allows to cover these costs. It is clear that under a scenario of a price depression caused by likely dumped imports from Japan, the sole remaining Community producer not related to Japanese exporting producers would suffer material injury caused by the dumped imports and most likely, given the very low prices practiced by the Japanese exporting producers on sales to third countries, not survive this situation.
(95)
Indeed, according to the 14(6) database data, the volume of dumped imports increased more than threefold until 2004 and more than 50 % over the period considered. As pointed out above, it is likely that without anti-dumping measures in place further increased volumes would be shipped to the Community market at very low prices, significantly undercutting the Community industry prices.
(96)
In fact, should the Japanese exporting producers practice export prices to the Community at levels similar to those they practiced to third countries, as it is reasonable to expect, the Community industry's prices would be undercut by around 30 %. Such pricing behaviour, coupled with the ability of the Japanese exporters to deliver significant quantities to the Community market, would in all likelihood depress prices in the Community market with the consequent negative impact in the economic performance of the Community industry.
6.2. Conclusion on the likelihood of recurrence of injury
(97)
Following the above, it is concluded that the repeal of the measures would in all likelihood result in the recurrence of material injury to the Community industry.
7. COMMUNITY INTEREST
7.1. Introduction
(98)
In accordance with Article 21 of the basic Regulation it was examined whether a prolongation of the existing anti-dumping measures would be against the interest of the Community as a whole. The determination of Community interest was based on an appreciation of all the various interests involved, i.e. those of the Community industry and other Community producers, the users and raw material suppliers of the product under consideration.
(99)
It should be recalled that, in the previous investigations, the adoption of measures and their subsequent extension was consistently found not to be against the interest of the Community. Furthermore, the present investigation is a second expiry review, thus analysing a situation in which anti-dumping measures are already in force since 1994.
(100)
On this basis it was examined whether, despite the conclusion that there exists a likelihood of continuation and/or recurrence of dumping and recurrence of injury, there are compelling reasons which would lead to the conclusion that it is not in the Community interest to maintain measures in this particular case.
7.2. Interests of the Community industry
(101)
The Community industry is the only producer of TCS not related to Japanese exporting producers. It has proven to be a viable industry, able to adapt to the changing conditions on the market. This was confirmed by its efforts to streamline production, reduce costs and increase productivity, as well as by its continued investments into the production of technologically more advanced products.
(102)
The improvement of its economic situation during the period considered indicates that the Community industry has managed to benefit from the continued imposition of measures and effective competition has been restored. Despite improvements in its profitability, it has yet to reach a profit level that can be expected in this type of technological product. However, as described above, it can be concluded that, without the continuation of anti-dumping measures, the situation of the Community industry will in all likelihood severely deteriorate, with a distinct possibility of closure as described under recital (93). This would jeopardize over 100 jobs directly linked to the product concerned.
(103)
Also, production in the Community of high tech products such as TCS, and in particular R&D developments associated with such production, have important spill-over effects. This is particularly the case of production of the CCD block, since its components are used as well for other applications such as security systems, medical, industrial and telecommunications applications. Furthermore, the existence of a Community industry manufacturing TCS has an impact on the entire television industry, i.e. from the development and manufacturing of broadcast equipment to the production of television sets and recorders, but it may also have an influence on the standards set for the Community television sector. Thus, it is also considered that if this high-technology industry disappears, there would be a negative impact on the television industry in general.
(104)
Given the above, it was concluded that to prolong the existing measures in order to ward off the adverse effects of dumped imports which could endanger the existence of such Community industry and consequently a number of specialized jobs, is necessary.
7.3. Interests of the other Community producers
(105)
With regard to the interests of other Community producers of TCS, it should be noted that only one co-operated in this investigation. This producer, related to a Japanese exporting producer, opposed the continuation of measures but argued that the existence of measures gave it a competitive advantage vis-à-vis other Japanese exporting producers, which it would not want to surrender.
(106)
In the absence of cooperation from the other alleged Community producer it has to be concluded that the cooperating Community producer will not be negatively affected by the extension of the measures. Indeed, as well as after the prolongation of the measure in 2000, its investment in the Community is fostered with the extension of the measures in force.
7.4. Interests of users
(107)
The Commission also sent out questionnaires to 25 users of TCS. Only four users co-operated with the investigation. These users are licensed broadcasting companies which broadcast their own programs by using their own equipment. They purchased directly from the TCS producers, whether produced in the Community or in the exporting country, and are representative of the majority of TCS users.
(108)
One user argued that it had no plans to buy any significant number of TCS in the next five years and that therefore no effect on its business was expected should measures be extended.
(109)
Another user argued that it had plans to migrate to high definition products and that should measures be allowed to lapse, this would increase the number of suppliers in the Community and lead to changes in pricing and product innovation. It was also argued that a change of the source of the camera is not realistic because TCS are not a generic or commodity item.
(110)
A third user argued they were against the renewal of anti-dumping measures because this would lead to less competition and less models available. In addition, it was argued that there is not much flexibility to change in the short term from one producer to another.
(111)
A fourth user claimed it could not foresee the impact if measures were maintained.
(112)
It should be noted that at least two Japanese producers are now established in the Community and continue to compete with the Community industry. Indeed, certain users have continued to buy Japanese TCS, whether imported or produced in the Community. It cannot therefore be concluded that the anti-dumping measures in force have completely eliminated competition between different suppliers of TCS. It is true that imports of TCS from Japan have decreased since the imposition of anti-dumping measures but this is the result of the inability of the Japanese exporting producers to sell to the Community at non-dumped prices.
(113)
Regarding the possibility to change suppliers of TCS it should be noted that the objective of anti-dumping measures is not to force a change to a different supplier of TCS but to establish a level playing field through the elimination of unfair trade practices. In addition, should the Community industry of TCS disappear as a consequence of the elimination of the anti-dumping measures in force, this would undoubtedly lead to a reduction in competition and to the dependence of Community TCS users on Japanese technology. The latter aspect is particularly important as producers of TCS can play an important role in setting future broadcasting standards. The Community would undoubtedly be in a disadvantageous situation should it not have a sufficiently strong producer of this product.
(114)
In line with the findings of previous investigations, it was found that TCS are not a significant cost factor for the users since, in relation to their production of broadcast programs, they only accounted for a small proportion of their total costs. Indeed, camera systems covered by the anti-dumping measures represent only part of the overall equipment needed by a broadcasting company. Likewise, when looking at the total costs of a broadcasting company, and not only at the equipment, the cost of TCS subject to anti-dumping duties represents even a lower proportion since there are other more important costs such as program production, personnel, overheads, etc. which are well above the mere cost of a TCS.
(115)
In general terms, the investigation concluded that the effects on users are limited when compared to the size of the global turnover of broadcasting companies, i.e. the purchase of a TCS represents less than 0,2 % of the total turnover of broadcasting companies. In addition, nowadays the average life time of a TCS is estimated at around seven years, sometimes reaching ten years, which means that TCS continue to be far from a recurrent cost factor for the users.
(116)
Thus, it is concluded that since the measures have been in place for a certain period and would be maintained at the same level, their extension will not imply a deterioration of the situation of the users. Furthermore, they continue to have access to TCS other than those produced by the Community industry. In any event, no evidence was available indicating that any impact which could be caused to users would overrule the need to eliminate the trade distorting effects of injurious dumping and the need to restore effective competition.
(117)
Finally, it should be noted that the parallel investigation described under recital (6) will, if measures will be imposed, de facto revise the measures in force and update their level.
7.5. Interests of upstream industry
(118)
Of the nine raw material suppliers contacted, only one replied to the questionnaire and agreed to cooperate in this review. This company supplies an important part of TCS which indicates that its operations are representative of raw material suppliers of this product.
(119)
Sales of this supplier to the Community industry represent a significant part of the company's total turnover for that product. The company argued that should the measures be extended, production of the raw material would be maintained. On the other side, should measures be repealed, its assembly capacity would be endangered given its inability to reduce prices.
(120)
It is therefore concluded that the extension of the measures in force will have a positive impact on the upstream industry of TCS.
7.6. Competition and trade distorting effects
(121)
One importer, which also produces TCS in the Community, and is related to a Japanese exporting producer, argued that regardless of whether measures would continue there was no intention to decrease production in the Community.
(122)
Consequently, it has to be concluded that even if the measures in force are renewed the Community industry will continue to be confronted with competition from other operators in the Community producing and selling TCS. Users will therefore, as until now, be able to buy TCS of Japanese brands.
(123)
In addition, the investigation revealed that should the measures be lifted, there are reasons to believe that the survival of the Community industry could be jeopardized (see recital (94) above). Should this happen, production of TCS would be confined to Japanese producers (or their related companies), with the consequent dependence of the Community on an even smaller number of producers.
(124)
Therefore, it is concluded that the continuation of the measures should have positive effects with regard to maintaining competition and eliminating trade distorting effects.
7.7. Conclusion on Community interest
(125)
Based on the above it is concluded that there are no compelling reasons on grounds of Community interest against the maintenance of the existing anti-dumping measures.
8. ANTI-DUMPING MEASURES
(126)
All interested parties were informed of the essential facts and considerations on the basis of which it is intended to recommend that the existing measures be maintained. They were also granted a period to make representations subsequent to this disclosure.
(127)
It follows from the above that, as provided for under Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of TCS originating in Japan, should be maintained,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of television camera systems and parts thereof, falling within CN codes ex 8525 30 90 (TARIC code: 8525309010), ex 8537 10 91 (TARIC code 8537109191), ex 8537 10 99 (TARIC code 8537109991), ex 8529 90 81 (TARIC code 8529908138), ex 8529 90 95 (TARIC code 8529909530), ex 8543 89 97 (TARIC code 8543899715), ex 8528 21 14 (TARIC code 8528211410), ex 8528 21 16 (TARIC code 8528211610) and ex 8528 21 90 (TARIC code 8528219010), originating in Japan.
2. The television camera systems may consist of a combination of the following parts, imported either together or separately:
(a)
camera head with three or more sensors (12 mm or more charge-coupled device pick-up devices) with more than 400 000 pixels each, which can be connected to a rear adapter, and having a specification of the signal-to-noise ratio of 55 dB or more at normal gain; either in one piece, with the camera head and the adapter in one housing, or separate;
(b)
a view finder (diagonal, of 38 mm or more);
(c)
a base station or camera control unit (CCU) connected to the camera by a cable;
(d)
an operational control panel (OCP) for camera control (i.e. for colour adjustment, lens opening or iris) of single cameras;
(e)
a master control panel (MCP) or master set-up unit (MSU) with selected camera indication, for the overview and for adjustment of several remote cameras.
3. The duty shall not apply to:
(a)
lenses (TARIC additional code A727);
(b)
video tape recorders (TARIC additional code A727);
(c)
camera-heads with a recording unit in the same, inseparable housing (TARIC additional code A727);
(d)
professional cameras which cannot be used for broadcast purposes (TARIC additional code A727);
(e)
professional cameras listed in the Annex (TARIC additional codes 8786 and 8969).
4. When the television camera system is imported with the lens the free-at-Community-frontier value used in applying the anti-dumping duty shall be that of the television camera systems without the lens. If this value is not specified on the invoice the importer shall declare the value of the lens at the time of release for free circulation and shall submit appropriate evidence and information on that occasion.
5. The rate of the anti-dumping duty shall be 96,8 % of the net, free-at-Community-frontier price, before duty (TARIC additional code: 8744) except for the products manufactured by the following companies for which the rate shall be as follows:
-
Ikegami Tsushinki Co. Ltd: 200,3 % (TARIC additional code: 8741),
-
Sony Corporation: 108,3 % (TARIC additional code: 8742),
-
Hitachi Denshi Ltd: 52,7 % (TARIC additional code: 8743).
6. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2006.
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COMMISSION REGULATION (EC) No 830/2009
of 9 September 2009
establishing a prohibition of fishing for blue ling in Community waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V by vessels flying the flag of the United Kingdom
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 the common fisheries policy (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (3) lays down quotas for 2009 and 2010.
(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 for 2009 to the Member State referred to in the Annex to this Regulation for the stock referred to therein shall be deemed to be exhausted from the date stated 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 stated in that Annex. After that date it shall also be prohibited to retain on board, tranship or land such stock caught by those vessels.
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 2009.
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Council Decision
of 29 October 2001
concerning the exceptional use of interest from the European Development Fund for the financing of costs linked to the implementation of the devolution exercise in ACP States for a transitional period
(2001/768/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Third ACP-EEC Convention,
Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as revised by the Agreement signed at Mauritius on 4 November 1995(1),
Having regard to the Internal Agreement of 19 February 1985 on financing and administration of Community aid(2), and in particular Article 9(2) thereof,
Having regard to the Internal Agreement of 16 July 1990 on the financing and administration of Community aid under the Fourth ACP-EEC Convention(3), hereinafter the "7th EDF Internal Agreement", and in particular Article 9(2) thereof,
Having regard to the Internal Agreement of 20 December 1995 between the Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the Fourth ACP-EC Convention(4), hereinafter the "8th EDF Internal Agreement", and in particular the second paragraph of Article 9(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Commission decided on 16 May 2000 to reform the management of external aid programmes as part of the global reform of the Commission.
(2) The said Decision highlighted the lack of human resources at the disposal of the Commission to implement external aid.
(3) The elements of reform linked to human resources include reorganising the management of the project cycle and a major devolution of decision-making closer to the field and of activities to external Delegations. The objective is to improve the efficiency of aid management and the quality of operations, as well as to accelerate the programming, identification and implementation of programmes and projects.
(4) In this context it is necessary to strengthen both the human resources as well as the physical infrastructure of the Commission's external delegations.
(5) In this process the costs for these personnel will be borne by using a proportion of Part BA lines of expenditure in the budget relating to the programmes outside the African, Caribbean and Pacific (ACP) regions.
(6) During the period 2001-2002, thirteen of the Commission's ACP Delegations should be devolved.
(7) The new Internal Agreement on the financing and administration of Community Aid under the Financial Protocol to the Partnership Agreement between the ACP States and the European Community and its Member States, signed on 14 September 2000, hereinafter referred to as "the 9th EDF Internal Agreement", and in particular Article 1(3) and Articles 4 and 9 thereof, identifies financial resources likely to reinforce the administrative capacities of the Commission's Delegations for the implementation of the operations financed from the 9th EDF.
(8) Pending the entry into force of the 9th EDF, financial resources should be made available from interest accrued to the funds deposited by the EDFs and now held in the general treasury of the EDF, in accordance with the provisions of the 6th, 7th and 8th EDF Internal Agreements,
HAS DECIDED AS FOLLOWS:
Article 1
An amount of EUR 23000000 shall be reserved from interest accumulated on deposited European Development Fund (EDF) funds and held in the general treasury of the EDF, for the financing of costs linked to the implementation of the devolution exercise in ACP States, as specified in Article 2.
Article 2
The resources referred to in Article 1 shall be used to finance the following types of expenditure:
(a) support expenses in relation to identification, preparation, management, follow-up, accounting, audit and control of the Commission's aid operations in ACP States, in particular costs linked to the recruitment and stationing in Delegations of experts and local agents that will assist in handling these "devolved" tasks and to the provision of technical support to the "devolution" of the Commission's computerised on-line accounting system (OLAS);
(b) administrative costs, provided these are directly linked to the efficient functioning of the experts and local agents recruited, including the purchase of equipment, the temporary renting of extra office space, related IT costs and others.
Article 3
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 29 October 2001.
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COMMISSION REGULATION (EC) No 1182/2004
of 25 June 2004
fixing the minimum selling price for skimmed-milk powder for the 63rd individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
Pursuant to Article 26 of Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder (2), intervention agencies have put up for sale by standing invitation to tender certain quantities of skimmed-milk powder held by them.
(2)
According to Article 30 of the said Regulation, in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed or a decision shall be taken to make no award. The amount of the processing security shall also be fixed taking account of the difference between the market price of skimmed-milk powder and the minimum selling price.
(3)
In the light of the tenders received, the minimum selling price should be fixed at the level specified below and the processing security determined accordingly.
(4)
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 63rd individual invitation to tender pursuant to Regulation (EC) No 2799/1999, in respect of which the time limit for the submission of tenders expired on 22 June 2004, the minimum selling price and the processing security are fixed as follows:
-
minimum selling price:
EUR 189,52/100 kg,
-
processing security:
EUR 50,00/100 kg.
Article 2
This Regulation shall enter into force on 26 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 June 2004.
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Commission Regulation (EC) No 858/2003
of 16 May 2003
prohibiting fishing for blue whiting by vessels flying the flag of a Member State with the exception of Denmark and the United Kingdom
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 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 catch limitations are required(3) lays down quotas for blue whiting 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 blue whiting in the waters of ICES Vb (Faeroese waters) by vessels flying the flag of a Member State or registered in a Member State, with the exception of Denmark and the United Kingdom, have exhausted their quota,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of blue whiting in the waters of the ICES Vb (Faeroese waters) by vessels flying the flag of a Member State or registered in a Member State, with the exception of Denmark and the United Kingdom, are hereby deemed to have exhausted their quota for 2003.
Fishing for blue whiting in the waters of the ICES Vb (Faeroese waters) by vessels flying the flag of a Member State or registered in a Member State, with the exception of Denmark and the United Kingdom, is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of entry into force of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 May 2003.
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COMMISSION DECISION of 7 April 1993 concerning the importation into the Community of certain live animals and their products originating from certain European countries in relation to foot-and-mouth disease
(93/210/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last amended by Decision 92/438/EEC (2), and in particular Article 18 (6) thereof,
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 (3), as last amended by Directive 92/118/EEC (4), and in particular Article 19 (6) 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 (5), as last amended by Directive 92/118/EEC, and in particular Article 10 thereof,
Whereas foot-and-mouth disease has been confirmed in cattle recently imported into Italy; whereas, however, investigation has shown that the infection was probably introduced in cattle imported from eastern Europe;
Whereas it has not been possible to establish the exact origin of infection;
Whereas the possible occurrence of foot-and-mouth disease in eastern European countries presents a serious threat to the herds of Member States, in view of trade in and import of live animals and their products;
Whereas evidence of false or fraudulent certification has emerged concerning exports of animals from certain countries in eastern Europe to the Community;
Whereas it is necessary therefore to implement a temporary prohibition on imports and transit of live animals of susceptible species and certain animal products coming from or via these countries, pending clarification of the disease situation in eastern Europe and establishment of reinforced controls on imports from these countries;
Whereas, however, after evaluation of the situation, it is possible to permit transit of fresh meat and milk through these countries and imports and transit of certain heat-treated products originating in these countries;
Whereas the Commission, by Decision 93/143/EEC (6) concerning the importation into the Community of certain live animals and their products originating in or coming via Slovenia, Croatia and the Yugoslav Republics, has prohibited imports from and transit through the countries concerned of animals and products of susceptible species;
Whereas the Commission, by Decision 91/449/EEC (7) laying down the specimen animal health certificates in respect of meat products imported from third countries, concerning certain eastern European countries, as last amended by Decision 93/139/EEC (8), has established the model of health certificate to use for importation of meat products, in particular from Croatia; whereas it is appropriate to refer to this model certificate to provide guarantees that only certain types of meat products which do not present an animal health risk shall be imported into the Community;
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
1. Member States shall not authorize the introduction into the territory of the Community of live animals of the bovine, ovine, caprine and porcine and other biungulate species, originating in or coming via the territory of the countries mentioned in the Annex.
2. Member States shall not send live animals of the bovine, ovine, caprine and porcine and other biungulate species to other Member States via the territory of the countries mentioned in the Annex.
Article 2
Member States shall not authorize the importation of fresh meat of the bovine, ovine, caprine, porcine and other biungulate species originating in the territory of the countries mentioned in the Annex.
Article 3
1. Member States shall not authorize the importation of meat products of the bovine, ovine, caprine, porcine and other biungulate species originating in the territory of the countries mentioned in the Annex.
2. The prohibition referred to in paragraph 1 shall not apply to meat products, containing meat of animals of the bovine, ovine, caprine and porcine and other biungulate species, which have been subjected to one of the following treatments:
(a) heat treatment carried out in a hermetically sealed container with an Fo value of 3,00 or more;
(b) heat treatment of a type different from that referred to in (a) in which the centre temperature is raised to at least 70 °C.
3. The model certificate as laid down in Decision 91/449/EEC should be annotated in accordance with paragraph 2, as regards importation of meat products, in order to guarantee that only those products subjected to treatment as laid down in the said paragraph may be imported.
Article 4
1. Member States shall not authorize the importation of milk of the bovine, ovine, caprine, porcine and other biungulate species originating in the territory of the countries mentioned in the Annex.
2. The prohibition referred to in paragraph 1 shall not apply to milk of the bovine, ovine, caprine and porcine and other biungulate species which have been subjected to 71,7 °C for 15 seconds or an equivalent heat treatment.
3. Member States shall ensure that health certificates for milk to be sent from the countries mentioned in the Annex shall bear the following words:
'Milk conforming to Commission Decision 93/210/EEC of 7 April 1993 concerning the importation into the Community of certain live animals and their products originating from certain European countries in relation to foot-and-mouth disease'.
Article 5
1. Member States shall not authorize the importation of milk products of the bovine, ovine, caprine, porcine and other biungulate species originating in the territory of the countries mentioned in the Annex.
2. The prohibition referred to in paragraph 1 shall not apply to milk products of the bovine, ovine, caprine and porcine and other biungulate species which have been subjected to 71,7 °C for 15 seconds or an equivalent heat treatment, or prepared from milk which has been subjected to the heat treatment described in Article 4 (2).
3. Member States shall ensure that health certificates for milk products to be sent from the countries mentioned in the Annex shall bear the following words:
'Milk products conforming to Commission Decision 93/210/EEC of 7 April 1993 concerning the importation into the Community of certain live animals and their products originating from certain European countries in relation to foot-and-mouth disease'.
Article 6
1. Member States shall not authorize the introduction into the territory of the Community of animal products of the bovine, ovine, caprine and porcine and other biungulate species not mentioned in Articles 1, 2, 3, 4 and 5, originating in or coming via the territory of the countries mentioned in the Annex.
2. Member States shall not send animal products of the bovine, ovine, caprine and porcine and other biungulate species not mentioned in Articles 1, 2, 3, 4 and 5 to other Member States via the territory of the countries mentioned in the Annex.
Article 7
This Decision shall be applicable until 10 May 1993.
Article 8
Commission Decision 93/143/EEC is hereby repealed.
Article 9
This Decision is addressed to the Member States.
Done at Brussels, 7 April 1993.
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*****
COMMISSION DECISION
of 11 May 1988
terminating the examination procedure concerning the unauthorized reproduction of sound recordings in Indonesia consequent on the Republic of Indonesia's undertaking to give sound recordings by nationals of Community Member States the same protection as sound recordings by Indonesian nationals
(88/287/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2641/84 of 17 September 1984 on the strengthening of the common commercial policy with regard in particular to protection against illicit commercial practices (1),
Following consultations in the Advisory Committee set up by the said Regulation,
Whereas:
On 16 March 1987 the Commission received a complaint lodged in accordance with Article 3 (1) of Regulation (EEC) No 2641/84 by the Association of European Members of the International Federation of Phonogram and Videogram Producers (IFPI) on behalf of virtually all Community producers of phonograms concerning the unauthorized reproduction of sound recordings in Indonesia.
The complaint provided evidence of the existence of illicit commercial practices and of consequent injury which, following consultations in the Advisory Committee, were considered sufficient to justify the initiation of a procedure.
The Commission accordingly announced, in a notice published in the Official Journal of the European Communities (2), the initiation of an 'illicit commercial practice' procedure concerning the unauthorized reproduction of sound recordings in Indonesia.
The Commission officially notified the representatives of the country concerned and the complainant, and gave all interested parties the opportunity to make known their views in writing and apply for a hearing.
The representatives of the country concerned and the complainant applied for and were granted a hearing and made known their views in writing. The complainant repeated its request for the Community institutions to adopt retaliatory measures against Indonesia if the latter did not take steps to end the situation which was causing injury to the complainant.
A number of European associations, including the International Federation of Musicians, the Publishers Association, the International Federation of Actors and the European Association of Industries of Branded Products, submitted comments. They all suppoprted the complainant.
The Commission began its investigation by seeking the information required to establish the facts.
While the examination procedure was under way, the Indonesian authorities requested its suspension.
In support of their request they pointed out that a bill amending the 1982 Indonesian law on copyright had recently been adopted by the Indonesian Parliament, that the effect of the changes was to strengthen appreciably the protection given by Indonesian law to the works of Indonesian nationals, including sound recordings, and to extend to the works of nationals of other countries, by means of a new Article 48, the protection given to Indonesian nationals' works, and that they were ready to begin consultations with the Commission with the aim of reaching a solution that would provide for the works of nationals of the Member States protection identical to that given to the works of Indonesian nationals.
After consulting the Advisory Committee, the Commission considered that it was in the Community's interest to grant Indonesia's request and to open consultations with the Indonesian authorities with a view to reaching an arrangement which would resolve the problem raised by IFPI.
Commission Decision 87/553/EEC (3) accordingly suspended the examination procedure until 29 February 1988.
Following the suspension of the procedure, consultations were held with the Indonesian authorities, first in Jakarta and then in Brussels.
At the end of the consultations, Indonesia undertook, pending its eventual accession or adhesion to the relevant international conventions, to provide for sound recordings by nationals of Community Member States which provide protection on their territory for sound recordings by Indonesian nationals in Indonesia.
After consulting the Advisory Committee, the Commission decided that those measures should be considered satisfactory within the meaning of Article 9 (2) of Regulation (EEC) No 2641/84, since they would provide a means of eliminating the injury resulting from the commercial practice of which Indonesia was accused, and that it was accordingly in the Community's interest to accept the undertaking and terminate the procedure without taking protective measures pursuant to Article 10 (3) of the said Regulation.
The Community industry concerned was consulted and agreed that the examination procedure should be terminated,
HAS DECIDED AS FOLLOWS:
Sole article
The examination procedure concerning the unauthorized reproduction of sound recordings in Indonesia is hereby terminated.
Done at Brussels, 11 May 1988.
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COMMISSION DECISION
of 11 August 2006
concerning the technical specification of interoperability relating to the subsystem ‘Traffic Operation and Management’ of the trans-European conventional rail system
(notified under document number C(2006) 3593)
(Text with EEA relevance)
(2006/920/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2001/16/EC of 19 March 2001 of the European Parliament and of the Council on the interoperability of the conventional rail system (1), and in particular Article 6(1) thereof,
Whereas:
(1)
In accordance with Article 2(c) of Directive 2001/16/EC, the trans-European conventional rail system is subdivided into structural and functional subsystems.
(2)
In accordance with Article 23(1) of the Directive, the subsystem ‘Traffic Operation and Management’ needs to be covered by a technical specification for interoperability (TSI).
(3)
The first step in establishing a TSI is to have a draft TSI drawn up by the European Association for Railway Interoperability (AEIF), which was appointed as the joint representative body.
(4)
The AEIF has been given a mandate to draw up a draft TSI for the ‘Traffic Operation and Management’ subsystem in accordance with Article 6(1) of Directive 2001/16/EC. The basic parameters provided for in Article 6(4) of this Directive were discussed as part of the attached TSI.
(5)
The draft TSI was accompanied by an introductory report containing a cost-benefit analysis as provided for in Article 6(5) of the Directive.
(6)
The draft TSIs have been examined by the Committee set up by Council Directive 96/48/EC 0f 23 July 1996 on the interoperability of the trans-European high-speed rail system (2) and referred to in Article 21 of Directive 2001/16/EC, in the light of the introductory report.
(7)
In its current version the TSI does not fully deal with all aspects of interoperability; the items which are not dealt with are classified as ‘Open Points’ in Annex U of the TSI. Given that the verification of interoperability has to be established by reference to the requirements of the TSIs, in accordance with Article 16(2) of Directive 2001/16/EC, it is necessary, during the transition period between the publication of this Decision and the full implementation of the attached TSI, to lay down the conditions to be complied with in addition to those explicitly referred to in the TSI attached. To this end, Member States are to inform the other Member States and the Commission of the relevant national technical rules in use for achieving interoperability and meeting the essential requirements of Directive 2001/16/EC as well as of the bodies it appoints for carrying out the procedure for the assessment of conformity or suitability for use as well as the checking procedure in use for verifying the interoperability of subsystems within the meaning of Article 16(2) of Directive 2001/16/EC. The Commission should carry out an analysis of the information forwarded by the Member States and, where appropriate, should discuss with the Committee the need for the adoption of any further measures.
(8)
The TSI in question should not demand the use of specific technologies or technical solutions except where this is strictly necessary for the interoperability of the trans-European conventional rail system.
(9)
The TSI is based on best available expert knowledge at the time of preparation of the relevant draft. Developments in technology, operational, safety or social requirements may make it necessary to amend or supplement this TSI. Where applicable, a review or updating procedure should be initiated in accordance with Article 6(3) of Directive 2001/16/EC.
(10)
To encourage innovation and in order to take into account the experience acquired, the attached TSI should be subject to a periodical revision at regular intervals.
(11)
Where innovative solutions are proposed the manufacturer or the contracting entity shall state the deviation from the relevant section of the TSI. The European Rail Agency will finalise the appropriate functional and interface specifications of the solution and develop the assessment methods.
(12)
Implementation of the attached TSI and conformity with the relevant sections of the TSI must be determined in accordance with an implementation plan that shall be drawn up by each Member State for the lines for which it is responsible. The Commission should carry out an analysis of the information forwarded by the Member States and, where appropriate, should discuss with the Committee the need for the adoption of any further measures.
(13)
Rail traffic currently operates under existing national, bilateral, multinational or international agreements. It is important that those agreements do not hinder current and future progress towards interoperability. To this end, it is necessary that the Commission examine those agreements in order to determine whether the TSI presented in this Decision needs to be revised accordingly.
(14)
The provisions of this Decision are in conformity with the opinion of the Committee set up by Article 21 of Directive 96/48/EC,
HAS ADOPTED THIS DECISION:
Article 1
A Technical Specification for Interoperability (TSI) relating to the ‘traffic operation and management’ subsystem of the trans-European conventional system referred to in Article 6(1) of Directive 2001/16/EC is hereby adopted by the Commission.
The TSI shall be as set out in the Annex to this Decision.
The TSI shall be applicable to the traffic operation and management subsystem as defined in Annex II section 2.4 to Directive 2001/16/EC.
Article 2
1. With regard to those issues classified as ‘Open points’ set out in Annex U of the TSI, the conditions to be complied with for the verification of the interoperability pursuant to Article 16(2) of Directive 2001/16/EC shall be those applicable technical rules in use in the Member State which authorise the placing in service of the subsystem covered by this Decision.
2. Each Member State shall notify to the other Member States and to the Commission within six months of the notification of this Decision:
(a)
the list of the applicable technical rules mentioned in paragraph 1;
(b)
the conformity assessment and checking procedures to be applied with regard to the application of these rules;
(c)
the bodies it appoints for carrying out those conformity-assessment and checking procedures.
Article 3
Member States shall notify the following types of agreement to the Commission within six months of the entry into force of the attached TSI:
(a)
national, bilateral or multilateral agreements between Member States and railway undertaking(s) or infrastructure manager(s), agreed on either a permanent or a temporary basis and required due to the very specific or local nature of the intended train service;
(b)
bilateral or multilateral agreements between railway undertaking(s), infrastructure manager(s) or Member State(s) which deliver significant levels of local or regional interoperability;
(c)
international agreements between one or more Member State(s) and at least one third country, or between railway undertaking(s) or infrastructure manager(s) of Member States and at least one railway undertaking or infrastructure manager of a third country, which deliver significant levels of local or regional interoperability.
Article 4
Member States shall establish a national implementation plan of the TSI in accordance with the criteria specified in Chapter 7 of the Annex.
They shall forward this implementation plan to the other Member States and the Commission not later than one year after the date on which this Decision becomes applicable.
Article 5
This Decision shall become applicable six months after the date of its notification.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 11 August 2006.
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COMMISSION REGULATION (EC) No 1908/96 of 1 October 1996 establishing unit values for the determination of the customs value of certain perishable goods
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), as amended by Regulation (EEC) No 2454/93 (2),
Having regard to 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, as last amended by Regulation (EC) No 1676/96 (3), and in particular Article 173 (1) thereof,
Whereas Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation;
Whereas the result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 October 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 October 1996.
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Commission Regulation (EC) No 2230/2000
of 9 October 2000
prohibiting fishing for saithe 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 2846/98(2) and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 2742/1999 of 17 December 1999 fixing for 2000 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 and amending Regulation (EC) No 66/98(3), as last amended by Commission Regulation (EC) No 1902/2000(4), lays down quotas for saithe for 2000.
(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 saithe in the waters of ICES zones IIa (Community waters), Skagerrak and Kattegat, IIIbcd (Community waters) and North Sea by vessels flying the flag of Belgium or registered in Belgium have exhausted the quota allocated for 2000. Belgium has prohibited fishing for this stock from 23 September 2000. This date should therefore be adopted in this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of saithe in the waters of ICES zones IIa (Community waters), Skagerrak and Kattegat, IIIbcd (Community waters) and North Sea by vessels flying the flag of Belgium or registered in Belgium are hereby deemed to have exhausted the quota allocated to Belgium for 2000.
Fishing for saithe in the waters of ICES zones IIa (Community waters), Skagerrak and Kattegat, IIIbcd (Community waters) and North Sea 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 Communities.
It shall apply from 23 September 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 October 2000.
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COMMISSION REGULATION (EC) No 2339/1999
of 3 November 1999
prohibiting fishing for monkfish by vessels flying the flag of France
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Council Regulation (EC) No 48/1999 of 18 December 1998 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1999 and certain conditions under which they may be fished(3), as last amended by Commission Regulation (EC) No 1619/1999(4), lays down quotas for monkfish for 1999;
(2) in order to ensure compliance with the provisions relating to the quantity limits on catches of stocks subject to quotas, the Commission must fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
(3) according to the information received by the Commission, catches of monkfish in the waters of ICES divisions VIIIc, IX and X and CECAF area 34.1.1 (EC zone) by vessels flying the flag of France or registered in France have exhausted the quota for 1999; France has prohibited fishing for this stock from 22 July 1999; this date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of monkfish in the waters of ICES divisions VIIIc, IX and X and CECAF area 34.1.1 (EC zone) by vessels flying the flag of France or registered in France are hereby deemed to have exhausted the quota allocated to France for 1999.
Fishing for monkfish in the waters of ICES divisions VIIIc, IX and X and CECAF area 34.1.1 (EC zone) by vessels flying the flag of France or registered in France is hereby prohibited, as are the retention on board, transhipment and landing of this stock caught by the above vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 22 July 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 November 1999.
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*****
COMMISSION REGULATION (EEC) No 2817/87
of 21 September 1987
re-establishing the levying of customs duties on urea containing more than 45 % by weight of nitrogen on the dry anhydrous product falling within subheading 31.02 B originating in Mexico to which the tariff preferences 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 territoies 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 that Regulation, as soon as the 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 territorie concerned may at any time be re-established;
Whereas, in the case of urea containing more than 45 % by weight of nitrogen on the dry anhydrous product falling within subheading 31.02 B the individual ceiling was fixed at 380 000 ECU; whereas, on 17 September 1987, imports of these products into the Community originating in Mexico 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 Mexico,
HAS ADOPTED THIS REGULATION:
Article 1
As from 25 September 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 Mexico:
1.2.3 // // // // Order No // CCT heading No and NIMEXE-code // Description // // // // 10.0400 // 31.02 B (NIMEXE 31.02-15) // Urea containing more than 45 % by weight on the dry anhydrous product // // //
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, 21 September 1987.
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*****
COMMISSION REGULATION (EEC) No 2432/86
of 31 July 1986
amending Regulation (EEC) No 2041/75 on special detailed rules for the application of the system of import and export licences and advance fixing certificates for oils and fats
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) No 1454/86 (2), and in particular Article 28 (3) thereof,
Whereas Commission Regulation (EEC) No 2041/75 (3), as last amended by Regulation (EEC) No 3818/85 (4), lays down, inter alia, the period of validity of import and export licences and the amount of the relevant securities; whereas in order to take account of developments in the trade in olive oil with third countries and of the amounts of the levies and refunds applicable, the amounts of the securities should be altered and the period of validity of the export licences should be harmonized;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2041/75 is hereby amended as follows:
1. Article 6 is replaced by the following:
'Article 6
1. A licence without advance fixing of the levy shall be valid from its actual day of issue until the end of the third month following that of issue.
2. An import licence where the levy is fixed in advance shall be valid from its actual day of issue until the end of the month following that of issue.
3. An export licence shall be valid from its actual day of issue until the end of the fourth month following that of issue.'
2. Article 7 is replaced by the following:
'Article 7
1. The amounts of the securities for import licences shall be as follows:
(a) for a licence without advance fixing of the levy: 2,50 ECU per 100 kilograms net;
(b) for a licence where the levy is fixed in advance: 10 ECU per 100 kilograms net.
2. The amounts of the securities for export licences shall be as follows:
(a) for a licence without advance fixing of the refund: 1,25 ECU per 100 kilograms net;
(b) for a licence where the refund is fixed in advance: 10 ECU per 100 kilograms net.'
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, 31 July 1986.
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Commission Regulation (EC) No 864/2002
of 23 May 2002
concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1789/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 602/2001(4),
Having regard to Commission Regulation (EC) No 1789/2001 of 12 September 2001 on a special intervention measure for cereals in Finland and Sweden(5), 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 1789/2001.
(2) According to Article 8 of Regulation (EC) No 1789/2001 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 17 to 23 May 2002 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1789/2001.
Article 2
This Regulation shall enter into force on 24 May 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 May 2002.
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COMMISSION REGULATION (EC) No 3345/93 of 6 December 1993 amending Regulation (EEC) No 2137/93 fixing the export refunds in the wine sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1566/93 (2), and in particular Article 56 (4) thereof,
Whereas Commission Regulation (EEC) No 2137/93 (3), as amended by Regulation (EC) No 3169/93 (4), fixing the export refunds on wine for certain destinations, including east European countries, should be amended;
Whereas certain disturbances on the world market and the necessity to carry out control measures necessitate a temporary suspension of export refunds on export to Bosnia-Herzegovina, Croatia, Slovenia, the former Yugoslav Republic of Macedonia, Republics of Serbia and Montenegro, Bulgaria, the Czech Republic, the Slovak Republic, Hungary and Romania;
Whereas exporters of wine sector products benefiting from export refunds should be admitted a delay allowing the completion of appropriate arrangements;
Whereas the Management Committee for Wine has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 2137/93 is hereby replaced by the Annex hereto.
No application for refunds for the countries mentioned in the Annex, note (1), point (09) (b) can be presented before 1 February 1994.
Article 2
This Regulation shall enter into force on the 14th 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 December 1993.
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*****
COMMISSION REGULATION (EEC) No 1968/90
of 10 July 1990
on the application of the lowest rate of export refund for certain products in the raw tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation No 727/70/EEC of 21 April 1970 on the common organization of the market in raw tobacco (1), as last amended by Regulation (EEC) No 1329/90 (2), and in particular Article 9 (5) thereof,
Having regard to Council Regulation (EEC) No 326/71 of 15 February 1971 laying down general rules for granting export refunds on raw tobacco and criteria for fixing the amount of such refunds (3), as amended by Regulation (EEC) No 1977/87 (4), and in particular Article 5 (2) thereof,
Whereas, to take account of present circumstances in the German Democratic Republic and their effects on the market situation, no refund has been fixed on raw tobacco exported to that country; whereas the fact that the refund is not fixed should not be taken into account for the purposes of determining the lowest rate of the refund granted;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Raw Tobacco,
HAS ADOPTED THIS REGULATION:
Article 1
The fact that the refund on raw tobacco exported to the German Democratic Republic is not fixed shall not be taken into account:
- for the purposes of determining the lowest rate of the refund within the meaning of Article 20 of Commission Regulation (EEC) No 3665/87 (5);
- for the purposes of applying Articles 4 (7) and 5 (3) of Council Regulation (EEC) No 565/80 (6).
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 2 July 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 1990.
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COMMISSION REGULATION (EC) No 2177/2005
of 23 December 2005
fixing the Community selling prices for the fishery products listed in Annex II to Council Regulation (EC) No 104/2000 for the 2006 fishing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1), and in particular Article 25(1) and (6) thereof,
Whereas:
(1)
A Community selling price is to be fixed for each of the products listed in Annex II to Regulation (EC) No 104/2000 before the beginning of the fishing year, at a level at least equal to 70 % and not exceeding 90 % of the guide price.
(2)
Council Regulation (EC) No …./… (2) fixes the guide prices for the 2006 fishing year for all the products concerned.
(3)
Market prices vary considerably depending on the species and how the products are presented, particularly in the case of squid and hake.
(4)
Conversion factors should therefore be fixed for the different species and presentations of frozen products landed in the Community in order to determine the price level that trigger the intervention measure provided for in Article 25(2) of Regulation (EC) No 104/2000.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
The Community selling prices, as referred to in Article 25(1) of Regulation (EC) No 104/2000, applicable during the 2006 fishing year for the products listed in Annex II to that Regulation and the presentations and conversion factors to which they relate are set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2006.
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 DECISION
of 27 October 1982
on the implementation of the reform of agricultural structures in the Federal Republic of Germany in 1982 pursuant to Council Directives 72/159/EEC, 72/160/EEC and 75/268/EEC
(Only the German text is authentic)
(82/764/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (1), as last amended by Directive 81/528/EEC (2), and in particular Article 18 (3) thereof,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming in certain less-favoured areas (3), as last amended by Directive 80/666/EEC (4), and in particular Article 13 thereof,
Having regard to Council Directive 72/160/EEC of 17 April 1972 concerning measures to encourage the cessation of farming and the reallocation of utilized agricultural area for the purpose of structural improvement (5), and in particular Article 9 (3) thereof,
Whereas the Government of the Federal Republic of Germany has notified, pursuant to Article 17 (4) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 8 (4) of Directive 72/160/EEC, the texts of the following provisions:
- principles for the encouragement of investment in individual farms and settlement of rural areas, in the version of 29 April 1982,
- principles for the encouragement of farms in mountain areas and in certain less-favoured areas of 29 April 1982,
- principles regarding adaptation grants to assist elderly agricultural workers of 24 April 1982;
Whereas the Government of the Federal Republic of Germany also communicated, pursuant to Article 17 (4) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 8 (4) of Directive 72/160/EEC, the amended texts of the following provisions adopted by the Laender, or confirmed their continued validity for 1982:
SCHLESWIG-HOLSTEIN
- Directives of 29 June 1978 to encourage the formation of associations for the rational use of agricultural machinery (machinery syndicates),
- Directives of 17 April 1978 and 20 February 1981 to encourage farmers to employ auxiliary farm labour,
- Directives of 2 April 1981 to encourage the construction of buildings for cattle and pig farming,
- Directives of 20 January 1982 concerning grants to farmers for securing their existence (part I),
- Directives of 19 June 1980 to encourage the draining of individual farms;
LOWER SAXONY
- Directives on the granting of subsidies to machinery syndicates in the version of 10 October 1979,
- Directives of 1 May 1982 to encourage the pooling of labour resources by farms,
- Directives on special measures relating to agricultural holdings in Lower Saxony (phased investment plan), in the version of 19 February 1977,
- Directives of 24 April 1974 on measures to facilitate cessation of farming, in the version of 2 August 1976,
- Directives of 8 January 1982 to encourage the restructuring of fruit production in the Niederelbe,
- Directives of the year 1982 concerning loans for the horticultural settlement of Papenburg;
HESSE
- Directives of 8 March 1975 on the granting by the Land of subsidies to land development associations,
- Directives of 21 December 1972 on the promotion of joint land development schemes,
- Directives of 4 August 1979 to provide incentives enabling young persons to set themselves up in agriculture (point 2.4),
- Directives of 31 March 1980 to encourage farming or maintenance of the countryside carried on as a part-time or other activity in the version of 13 February 1981;
RHINELAND-PALATINATE
- Order of 20 May 1981 to promote the formation of machinery syndicates and the pooling of labour resources;
BADEN-WURTTEMBERG
- Directives of 1 January 1977 to encourage the joint use of machinery through the formation of machinery syndicates,
- Directives of 8 April 1980 on the use of land funds for the provision of local female helpers and auxiliary farm labourers,
- Directives of 19 April 1974 on additional measures to encourage the construction of buildings on development farms, in the version of 29 May 1981,
- Directives of 29 May 1981 on agricultural credits in the Land,
- Directives of 10 May 1980 for encouraging agricultural measures designed to protect agricultural land (subsidies to sheep farms),
- Directives of 28 March 1978, 11 August 1978, 29 May 1981, 7 August 1981 and 5 October 1981 relating to the programme of regional reservation and development (investments in farms),
- Directives of 2 August 1974 on aid for the creation and improvement of pasture on land which otherwise could no longer be used,
- Directives of 29 May 1981 on aid for the development of farms,
- Directives of 20 October 1981 concerning aid inter alia for the modernization of vineyards;
SAARLAND
- Order of 5 June 1973 to promote cooperation between farms,
- Directives of 1 September 1972 on interest-free subsidies for agriculture;
BAVARIA
- Order of 7 November 1976 laying down special conditions for financial assistance under Article 6 (5) of the law on the promotion of agriculture in Bavaria (machinery syndicates),
- Order of 8 November 1976 laying down general conditions relating to financial assistance for central services for local female helpers and auxiliary farm labourers,
- Directives of 29 March 1978 on the encouragement of village improvements, in the version of 13 August 1979,
- Directives of 9 February 1982 on agricultural credits in the Land,
- Directives concerning the Bavarian alpine and high-land programme of 9 July 1980;
Whereas the version for 1981 of the abovementioned laws, regulations and administrative provisions were the subject of Commission Decision 82/252/EEC (1);
Whereas under Article 18 (3) of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 9 (3) of Directive 72/160/EEC the Commission must decide whether, having regard to the compatibility of the provisions notified with those Directives and to the objectives of the said Directives and to the need for a proper connection between the various measures, the conditions for continued financial contribution by the Community in 1981 are satisfied;
Whereas the provisions notified are consistent with the objectives of Directives 72/159/EEC, 72/160/EEC and 75/268/EEC;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The abovementioned provisions for the implementation of the Federal Republic of Germany in respect of the year 1982 of Directives 72/159/EEC, 72/160/EEC and 75/268/EEC satisfy the conditions for financial contribution by the Community to common measures as referred to in Article 15 of Directive 72/159/EEC, Article 13 of Directive 75/268/EEC and Article 6 of Directive 72/160/EEC.
Article 2
This Decision is addressed to the Federal Republic of Germany.
Done at Brussels, 27 October 1982.
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COMMISSION DECISION of 1 October 1991 making an initial allocation to Denmark of part of the resources to be charged to the 1992 budget year for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the Community (91/529/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to the most deprived persons in the Community (1),
Having regard to Commission Regulation (EEC) No 3744/87 of 14 December 1987 laying down the detailed rules for the supply of food from intervention stocks to the most deprived persons in the Community (2), as last amended by Regulation (EEC) No 583/91 (3), and in particular Article 2 (3) thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (4), as last amended by Regulation (EEC) No 2205/90 (5), and in particular Article 2 (4) thereof,
Whereas on 7 August 1991, Denmark requested Commission authorization to initiate already in 1991 the action on its territory to be financed by resources chargeable to the 1992 budget and indicated the quantities of produce that it wished to distribute; whereas it is desirable to initiate the scheme now in Denmark by making an allocation to that country; whereas this allocation shall not exceed 50 % of the resources allocated by Commission decision to Denmark in respect of the plan for 1991;
Whereas in order to facilitate the implementation of this scheme it is necessary to specify the rate of exchange to be employed in converting the ecu into the national currency and to do so at a rate which reflects economic reality,
HAS ADOPTED THIS DECISION:
Article 1
1. The allocation for Denmark of the appropriations referred to in Article 2 (3) of Regulation (EEC) No 3744/87 to be charged to the 1992 budget shall be ECU 609 500.
This sum shall be converted into national currency at the rate applicable on 3 January 1991 and published in the C series of the Official Journal of the European Communities.
2. Subject to the limit set out in paragraph 1, the following quantities of produce may be withdrawn from intervention for distribution in Denmark:
- 30 tonnes of butter,
- 250 tonnes of beef.
3. The withdrawals referred to in paragraph 2 may be made from 1 October 1991.
Article 2
This Decision is addressed to the Member States. Done at Brussels, 1 October 1991.
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COMMISSION REGULATION (EEC) No 184/93 of 29 January 1993 amending Regulation (EEC) No 1725/79 on the rules for granting aid to skimmed milk processed into compound feedingstuffs and skimmed-milk powder intended for feed for calves
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 2071/92 (2), and in particular Article 10 (3) thereof,
Whereas, pursuant to Article 4 (1) of Commission Regulation (EEC) No 1725/79 (3), as last amended by Regulation (EEC) No 3480/90 (4), the granting of aid for skimmed-milk powder processed into compound feedingstuffs is conditional upon the requirement that the latter contain not less than 50 kilograms of powder per 100 kg of the finished product; whereas the situation of the skimmed milk market makes it possible to adjust the aforementioned inclusion rate;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The following paragraph is added to Article 4 of Regulation (EEC) No 1725/79:
'1a. Notwithstanding paragraph 1, for compound feedingstuffs manufactured between 1 February and 31 December 1993, the minimum quantity of 50 kilograms referred to in the first subparagraph, point (a), and in the fourth subparagraph shall be reduced to 35 kilograms; in this event, the quantity of 45 kilograms referred to in the fourth subparagraph of paragraph 1 shall be reduced to 30 kilograms.'
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, 29 January 1993.
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COMMISSION DIRECTIVE 1999/100/EC
of 15 December 1999
adapting to technical progress Council Directive 80/1268/EEC relating to the carbon dioxide emissions and the fuel consumption of motor vehicles
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by Directive 98/91/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof,
Having regard to Council Directive 80/1268/EEC of 16 December 1980 relating to the carbon dioxide emissions and the fuel consumption of motor vehicles(3), as last amended by Commission Directive 93/116/EC(4), and in particular Article 3 thereof,
Whereas:
(1) Directive 80/1268/EEC is one of the separate Directives of the EC type-approval procedure which was established by Directive 70/156/EEC. Consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive.
(2) In Directive 98/69/EC of the European Parliament and Council of 13 October 1998 relating to measures to be taken against air pollution from motor vehicles and amending Council Directive 70/220/EEC(5), the type I test cycle for emission measurement was amended by abolishing the initial 40 seconds of engine idle time. It is necessary to align the test cycle for the measurement of CO2 emissions and fuel consumption in Directive 80/1268/EEC accordingly.
(3) With a view to the monitoring of CO2 emissions in the framework of the Community strategy to reduce CO2 emissions of passenger cars, it is appropriate to introduce into Directive 80/1268/EEC new technical requirements regarding the measurement of CO2 emissions and fuel consumption for the EC type-approval of gas-fuelled vehicles (LPG and NG). In this respect, it is appropriate to follow the technical requirements adopted by the United Nations Economic Commission for Europe in its Regulation No 101(6).
(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I and II to Directive 80/1268/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 January 2000, Member States may not, on grounds relating to the emission of carbon dioxide or to fuel consumption:
- refuse, in respect of any given type of motor vehicle, to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or
- refuse to grant national type-approval, or
- prohibit the registration, sale or entry into service of vehicles pursuant to Article 7 of Directive 70/156/EEC
if the emission and consumption figures have been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive.
2. With effect from 1 January 2000, for vehicles in category M1 as defined in Annex II, Section A, to Directive 70/156/EEC, except vehicles of which the maximum mass exceeds 2500 kg, and with effect from 1 January 2001 for vehicles in category M1 the maximum mass of which exceeds 2500 kg, Member States:
- shall no longer grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and
- shall refuse to grant national type-approval, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked,
for a type of vehicle if the emission and consumption figures have not been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive.
3. With effect from 1 January 2001, for vehicles in category M1 as defined in Annex II, Section A, to Directive 70/156/EEC, except vehicles of which the maximum mass exceeds 2500 kg, and with effect from 1 January 2002 for vehicles in category M1 the maximum mass of which exceeds 2500 kg, Member States:
- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and
- shall refuse the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked,
if the emission and consumption figures have not been determined in accordance with the requirements of Directive 80/1268/EEC, as amended by this Directive.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1999. They shall forthwith inform the Commissin thereof.
When Member States adopt those provisions, they shall contain a reference to this Diective or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
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 4
This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 15 December 1999.
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Council Decision
of 10 November 2003
amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditors of the Banque centrale du Luxembourg
(2003/799/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community and in particular to Article 27(1) thereof,
Having regard to Recommendation ECB/2003/11 of the European Central Bank of 3 October 2003 to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg(1),
Whereas:
(1) The accounts of the European Central Bank (ECB) and of the national central banks are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.
(2) The mandate of the current external auditors of the Banque centrale du Luxembourg will expire at the end of 2003.
(3) The Governing Council of the ECB recommended the Council to approve the appointment, starting from the financial year 2004, for a renewable period of one year, of new external auditors of the Banque centrale du Luxembourg, which were selected by it in accordance with its public procurement rules.
(4) It is appropriate to follow the recommendation of the Governing Council of the ECB,
HAS DECIDED AS FOLLOWS:
Article 1
Article 1(7) of Decision 1999/70/EC(2) shall be replaced by the following:
"7. Deloitte & Touche Luxembourg are hereby approved as the external auditors of the Banque centrale du Luxembourg as from the financial year 2004, for a renewable period of one year."
Article 2
This Decision shall be notified to the ECB.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 10 November 2003.
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COUNCIL REGULATION (EC) No 243/2008
of 17 March 2008
imposing certain restrictive measures on the illegal authorities of the island of Anjouan in the Union of the Comoros
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,
Having regard to Common Position 2008/187/CFSP of 3 March 2008 concerning restrictive measures against the illegal authorities of the island of Anjouan in the Union of the Comoros (1),
Having regard to the proposal from the Commission,
Whereas:
(1)
On 25 October 2007, by letter addressed to the Secretary General/High Representative, the President of the African Union Commission asked for the support of the European Union and its Member States in the enforcement of the sanctions that the Peace and Security Council of the African Union had decided to impose on the illegal authorities of Anjouan and certain associated persons.
(2)
Common Position 2008/187/CFSP provides for restrictive measures to be imposed on the illegal authorities of Anjouan and certain associated persons. Those measures include freezing funds and economic resources belonging to the persons concerned.
(3)
The said measures fall within the scope of the Treaty establishing the European Community. Accordingly, with a view to ensuring their uniform application by economic operators in all Member States, a Community act is necessary to implement them as far as the Community is concerned,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions shall apply:
(a)
‘funds’ means financial assets and economic 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;
(b)
‘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;
(c)
‘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;
(d)
‘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;
(e)
‘territory of the Community’ means the territories to which the Treaty is applicable, under the conditions laid down in the Treaty.
Article 2
1. All funds and economic resources belonging to, owned, held or controlled by the natural and legal persons, entities and bodies listed in Annex I shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in Annex I.
3. 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.
4. The prohibition set out in paragraph 2 shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and could not reasonably have known, that their actions would infringe this prohibition.
Article 3
1. Article 2(2) shall not apply to the addition to frozen accounts of:
(a)
interest or other remuneration on those accounts;
(b)
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the provisions of this Regulation,
provided that any such interest, remuneration or payments continue to be subject to Article 2(1).
2. Article 2(2) shall not prevent financial or credit institutions in the Community from crediting frozen accounts where they receive funds transferred by third parties to the account of a natural or legal person, entity or body listed in Annex I, provided that any additions to such accounts are also frozen. The financial or credit institution shall inform the competent authorities of such transactions without delay.
Article 4
1. The competent authorities in the Member States, as indicated in the websites listed in Annex II, 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, provided that the funds or economic resources concerned are:
(a)
necessary to satisfy the basic needs of persons listed in Annex I 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 payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
(c)
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;
(d)
necessary for extraordinary expenses, provided that the Member State concerned has notified the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted at least two weeks before the authorisation.
2. Member States shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 5
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 implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as a result of negligence.
Article 6
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
(a)
supply immediately the competent authorities indicated in the websites listed in Annex II of the Member States where they are resident or located with any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, and shall forward such information, directly or through the Member States, to the Commission;
(b)
cooperate with the competent authorities indicated in the websites listed in Annex II in any verification of this information.
2. 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 7
The Commission and 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 violations and enforcement problems and judgments handed down by national courts.
Article 8
1. The Commission shall be empowered to:
(a)
amend Annex I on the basis of decisions taken in respect of the Annex to Common Position 2008/187/CFSP;
(b)
amend Annex II on the basis of information supplied by Member States.
2. A notice shall be published regarding the procedures for submitting information in relation to Annex I (2).
Article 9
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. Such penalties shall 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 10
1. Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites listed in Annex II.
2. Member States shall notify the Commission of their competent authorities once this Regulation enters into force and shall notify it of any subsequent changes.
Article 11
This Regulation shall apply:
(a)
within the territory of the Community, 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 Community 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 territory of the Community.
Article 12
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, 17 March 2008.
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*****
COMMISSION REGULATION (EEC) No 189/83
of 26 January 1983
amending Regulation (EEC) No 2042/75 as regards the period of validity of export licences for cereal-based feedingstuffs issued pursuant to invitations to tender opened in non-member countries
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1451/82 (2), and in particular Article 12 (2) thereof,
Whereas Article 9d (2) of Commission Regulation (EEC) No 2042/75 of 25 July 1975 on special detailed rules for the application of the system of import and export licences for cereals and rice (3), as last amended by Regulation (EEC) No 3480/80 (4), specifies the date from which the period of validity of the export licences for cereal-based compound feedingstuffs is calculated; whereas the said provision has given rise to some pursuant concerning the date on which the period of validity should begin where certificates are issued pursuant to invitations to tender opened in non-member countries; whereas, to dispel such uncertainty, the abovementioned Regulation should be amended to indicate that the date on which the application is lodged constitutes a precise and definite reference point for calculating the period of validity of the said licences;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2042/75 is hereby amended as follows:
1. Article 9d (2) is replaced by the following:
'2. The period of validity of export licences issued in accordance with paragraph 1 shall be calculated as from their actual day of issue, except in the case referred to in Article 10 (2).'
2. Article 10 is amended as follows:
(a) the present text becomes paragraph 1;
(b) the following paragraph 2 is added:
'2. In the case of exports effected on the basis of an invitation to tender opened in an importing non-member country, export licences for products subject to the provisions of Article 9d (1) shall be valid from the time when they were issued, within the meaning of Article 21 (1) of Regulation (EEC) No 3183/80.'
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, 26 January 1983.
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COMMISSION DIRECTIVE of 24 July 1979 establishing Community methods of sampling for the official control of pesticide residues in and on fruit and vegetables (79/700/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (1), and in particular Article 6 thereof,
Whereas that Directive requires that the official checks provided for therein to ensure compliance with maximum levels for pesticide residues in and on fruit and vegetables shall be carried out according to Community methods of sampling and of qualitative and quantitative analysis;
Whereas, as a first stage, methods of sampling should be laid down;
Whereas, in formulating these methods, it has been recognized that on account of the variation in size, state and packaging (if any) of fruit and vegetables which are in circulation, the methods will only be practicable if certain operations are sufficiently empirical;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Member States shall require that sampling for the checks provided for in Article 6 of Directive 76/895/EEC be carried out in accordance with the methods described in the Annex hereto.
Article 2
The Member States shall, not later than 31 December 1980, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of this Directive. They shall forthwith notify the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 24 July 1979.
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COMMISSION REGULATION (EC) No 2162/2005
of 23 December 2005
determining the world market price for unginned cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001 (1),
Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,
Whereas:
(1)
In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.
(2)
In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.
(3)
The application of the above criteria gives the world market price for unginned cotton determined hereinafter,
HAS ADOPTED THIS REGULATION:
Article 1
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling 22,051 EUR/100 kg.
Article 2
This Regulation shall enter into force on 24 December 2005.
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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COUNCIL DECISION of 18 October 1993 appointing a member of the Economic and Social Committee
(93/541/Euratom, EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,
Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,
Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),
Whereas a seat has become vacant on the Economic and Social Committee following the election of Mr Robert Delorozoy as a Member of the European Parliament, notified to the Council on 4 May 1993,
Having regard to the nominations submitted by the French Government on 13 July 1993,
Having obtained the opinion of the Commission of the European Communities,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Roger Seguy is hereby appointed member of the Economic and Social Committee in place of Mr Robert Delorozoy for the remainder of the latter's term of office, which runs until 20 September 1994.
Done at Luxembourg, 18 October 1993.
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Commission Regulation (EC) No 229/2004
of 10 February 2004
derogating from Regulation (EC) No 565/2002 as regards the dates for lodging the licence applications for imports of garlic for the first quarter of the period 2004 to 2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), and in particular Article 31(2) thereof,
Whereas:
(1) Importers from the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as "the new Member States") should benefit from the provisions contained in Commission Regulation (EC) No 565/2002 of 2 April 2002 establishing the method for managing tariff quotas and introducing a system of certificates of origin for garlic imported from third countries(2).
(2) To ensure the correct use of quotas and allow traditional importers from the new Member States to be in a position to apply for sufficient quantities during the first quarter of the import period 2004 to 2005, provisions should be made as regards the dates for lodging the applications.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Processed Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
By way of derogation from Article 5(2) of Regulation (EC) No 565/2002, importers shall submit their applications for import licences for the first quarter of the import period 2004 to 2005 to the national competent authorities from 3 May 2004 till the last Friday of August 2004, both inclusive.
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, 10 February 2004.
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COMMISSION REGULATION (EC) No 118/2009
of 9 February 2009
amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
Whereas:
(1)
The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 100/2009 (4).
(2)
The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 945/2008 for the 2008/2009, marketing year, are hereby amended as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 February 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 February 2009.
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COMMISSION REGULATION (EEC) No 2815/93 of 13 October 1993 concerning the stopping of fishing for European plaice by vessels flying the flag of Germany
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2241/87 of 23 July 1987, establishing certain control measures for fishing activities (1), as amended by Regulation (EEC) No 3483/88 (2), and in particular Article 11 (3) thereof,
Whereas Council Regulation (EEC) No 3919/92 of 20 December 1992, fixing, for certain fish stocks and groups of stocks, the total allowable catches for 1993 and certain conditions under which they may be fished (3), as amended by Regulation (EEC) No 927/93 (4), provides for European plaice quotas for 1993;
Whereas, in order to ensure compliance with the provisions relating to the quantitiative limitations on catches of stocks subject to quotas, it is necessary for the Commission to fix the date by which catches made by vessels flying the flag of a Member State are deemed to have exhausted the quota allocated;
Whereas, according to the information communicated to the Commission, catches of European plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of Germany have reached the quota allocated for 1993; whereas Germany has prohibited fishing for this stock as from 10 October 1993; whereas it is necessary to abide by that date,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of European plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of Germany or registered in Germany are deemed to have exhausted the quota allocated to Germany for 1993.
Fishing for European plaice in the waters of ICES division III a Skagerrak by vessels flying the flag of Germany or registered in Germany is prohibited, as well as the retention on board, the transhipment and the landing of such stock captured by the abovementioned vessels after the date of application of this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
It shall apply with effect from 10 October 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 October 1993.
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*****
COMMISSION REGULATION (EEC) No 3963/87
of 23 December 1987
extending the Community surveillance of imports of certain products originating in Japan
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for imports (1), amended by Regulation (EEC) No 1243/86 (2), and in particular Article 10 (1) thereof,
After consultation within the Committee provided by the abovementioned Regulation,
Whereas Commission Regulation (EEC) No 653/83 (3), as last amended by Regulation (EEC) No 4088/86 (4), introduced until 31 December 1987 Community retrospective surveillance of imports of certain products originating in Japan;
Whereas it is necessary to continue in 1988 retrospective surveillance of the imports of the abovementioned products, originating in Japan;
Whereas the reasons which were the basis for Regulation (EEC) No 653/83 are essentially still valid and consequently the surveillance arrangements for the products listed in the Annex hereto should be extended,
HAS ADOPTED THIS REGULATION:
Article 1
In the last sentence of Article 5 of Regulation (EEC) No 653/83, '31 December 1983' is hereby replaced by '31 December 1988'.
Article 2
The list of NIMEXE codes named in the Annex to Regulation (EEC) No 653/83 is revised in accordance with the table in the Annex hereto.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It is applicable from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 1987.
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COMMISSION DECISION
of 25 February 2000
amending Decision 94/652/EC establishing the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food
(notified under document number C(2000) 498)
(Text with EEA relevance)
(2000/198/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food(1), and in particular Article 3 thereof,
Whereas:
(1) Commission Decision 94/458/EC(2) has laid down rules on the administrative management of cooperation in the scientific examination of questions relating to food.
(2) Commission Decision 94/652/EC(3) has established the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food. Whereas Article 3 of Directive 93/5/EEC provides for the updating at least every six months of the inventory and distribution of tasks.
(3) The inventory of tasks should be established and updated having regard to the need for the protection of public health within the Community and the requirements of Community legislation in the foodstuffs sector.
(4) The tasks should be distributed having regard to the scientific expertise and resources available within the Member States and in particular, within the institutes which will be participating in the scientific cooperation.
(5) The measures provided for by this Decision are in accordance with the opinion of the Standing Committee on Food,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 94/652/EC establishing the inventory and distribution of tasks to be undertaken within the framework of cooperation by Member States in the scientific examination of questions relating to food is hereby replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 25 February 2000.
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DECISION OF THE EUROPEAN CENTRAL BANK
of 18 December 2006
laying down the measures necessary for the paying-up of the European Central Bank's capital by the non-participating national central banks
(ECB/2006/26)
(2007/47/EC)
THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 48 thereof,
Whereas:
(1)
Decision ECB/2004/10 of 23 April 2004 laying down the measures necessary for the paying-up of the European Central Bank's capital by the non-participating national central banks (1), determined the percentage of the subscription to the European Central Bank's (ECB's) capital which the national central banks (NCBs) of the Member States that would not have adopted the euro on 1 May 2004 were under an obligation to pay up on 1 May 2004 as a contribution to the ECB's operational costs.
(2)
In view of the accession of Bulgaria and Romania to the European Union and their respective NCBs joining the European System of Central Banks (ESCB) on 1 January 2007, Decision ECB/2006/21 of 15 December 2006 on the national central banks’ percentage shares in the key for subscription to the European Central Bank's capital (2) establishes with effect from 1 January 2007 the new weightings assigned to each NCB that will be a member of the ESCB on 1 January 2007 in the key for subscription to the ECB's expanded capital (hereinafter the capital key weightings and the capital key respectively).
(3)
The ECB's subscribed capital will be EUR 5 760 652 402,58 with effect from 1 January 2007.
(4)
The expanded capital key requires the adoption of a new ECB decision repealing Decision ECB/2004/10 with effect from 1 January 2007 and determining the percentage of the ECB's subscribed capital which the NCBs of the Member States that will not have adopted the euro by 1 January 2007 (hereinafter the non-participating NCBs) are under an obligation to pay up with effect from 1 January 2007.
(5)
In view of Articles 3.5 and 6.6 of the Rules of Procedure of the General Council of the European Central Bank, the Governors of the Bulgarian National Bank and Banca Naţională a României have had the opportunity to submit observations regarding this Decision prior to its adoption,
HAS DECIDED AS FOLLOWS:
Article 1
Extent and form of paid-up capital
Each non-participating NCB shall pay up 7 % of its subscription to the ECB's capital with effect from 1 January 2007. Taking into account the capital key weightings described in Article 2 of Decision ECB/2006/21, each non-participating NCB shall pay up with effect from 1 January 2007 the amount shown next to its name in the following table:
Non-participating NCB
(EUR)
Bulgarian National Bank
3 561 868,99
Česká národní banka
5 597 049,87
Danmarks Nationalbank
6 104 332,92
Eesti Pank
686 727,37
Central Bank of Cyprus
503 653,84
Latvijas Banka
1 134 330,06
Lietuvos bankas
1 684 760,40
Magyar Nemzeti Bank
5 299 051,33
Central Bank of Malta
250 818,81
Narodowy Bank Polski
19 657 419,83
Banca Naţională a României
10 156 951,89
Národná banka Slovenska
2 727 956,95
Sveriges Riksbank
9 400 866,26
Bank of England
56 187 041,67
Article 2
Adjustment of the paid-up capital
1. Given that each non-participating NCB, with the exception of the Bulgarian National Bank and Banca Naţională a României, has already paid up 7 % of its share in the ECB's subscribed capital as applicable until 31 December 2006 under Decision ECB/2004/10, each of them, with the exception of the Bulgarian National Bank and Banca Naţională a României, shall either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1.
2. The Bulgarian National Bank and Banca Naţională a României shall transfer to the ECB the amount shown next to their names in the table in Article 1.
3. All transfers pursuant to this Article shall be made in accordance with Decision ECB/2006/23 of 15 December 2006 laying down the terms and conditions for transfers of the European Central Bank's capital shares between the national central banks and for the adjustment of the paid-up capital (3).
Article 3
Final provisions
1. This Decision shall enter into force on 1 January 2007.
2. Decision ECB/2004/10 is hereby repealed with effect from 1 January 2007.
3. References to Decision ECB/2004/10 shall be construed as references to this Decision.
Done at Frankfurt am Main, 18 December 2006.
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COMMISSION REGULATION (EEC) No 249/93 of 4 February 1993 amending Regulation (EEC) No 2118/74 laying down detailed rules for the application of the system of reference prices for fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 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 1754/92 (2), and in particular Article 27 (1) thereof,
Whereas Article 4 of Commission Regulation (EEC) No 2118/74 (3), as last amended by Regulation (EEC) No 3811/85 (4), establishes a list of representative import markets on which, for the purpose of calculating the entry price, the prices of products imported into the Community must be recorded;
Whereas, since the integration of the new German Laender, the Berlin market has become an important import market for fruit and vegetables; whereas Berlin should therefore be inserted in the list of representative import markets;
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 4 of Regulation (EEC) No 2118/74, the entry 'Berlin` is added against the entry 'Federal Republic of Germany`.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 February 1993.
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COMMISSION REGULATION (EC) No 1463/2004
of 17 August 2004
concerning the authorisation for 10 years of the additive ‘Sacox 120 microGranulate’ in feedingstuffs, belonging to the group of coccidiostats and other medicinal substances
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (1), and in particular Article 9g(5)(b) thereof,
Whereas:
(1)
In accordance with Directive 70/524/EEC, coccidiostats included in Annex I to that Directive before 1 January 1988 were provisionally authorised as from 1 April 1998 and transferred to Chapter I of Annex B with a view to their re-evaluation as additives linked to a person responsible for putting them into circulation. The salinomycin sodium product, Sacox 120 microGranulate, is an additive belonging to the group ‘Coccidiostats and other medicinal substances’ listed in Chapter I of Annex B to Directive 70/524/EEC.
(2)
The person responsible for putting Sacox 120 microGranulate into circulation submitted an application for authorisation and a dossier, according to Article 9g(2) and (4) of that Directive.
(3)
Article 9g(6) of Directive 70/524/EEC allows the automatic extension of the period of authorisation of the additives concerned until the Commission takes a decision in cases where, for reasons beyond the control of the authorisation holder, no decision may be taken on the application before the expiry date of the authorisation. This provision is applicable to the authorisation of Sacox 120 microGranulate. The Commission requested a full risk evaluation from the Scientific Committee for Animal Nutrition on 26 April 2001 and this request was consequently transferred to the European Food Safety Authority. Several requests for additional information were made during the re-evaluation process making it impossible to complete the re-evaluation within the time limit required by Article 9g.
(4)
The Scientific Panel on Additives and Products or Substances used in Animal Feed attached to the European Food Safety Authority has delivered a favourable opinion with regard to the safety and to the efficacy of Sacox 120 microGranulate for chickens for fattening.
(5)
The re-evaluation of Sacox 120 microGranulate carried out by the Commission showed that the relevant conditions laid down in Directive 70/524/EEC are satisfied. Sacox 120 microGranulate should therefore be authorised for 10 years as an additive linked to the person responsible for putting it into circulation and included in Chapter I of the list referred to Article 9t(b) of that Directive.
(6)
As the authorisation for the additive is now linked to a person responsible for putting it into circulation, and replaces the previous authorisation which was not linked to any specific person, it is appropriate to delete the latter authorisation.
(7)
Since there are no safety reasons for withdrawing the product salinomycin sodium from the market immediately, it is appropriate to allow a transitional period of six months for the disposal of existing stocks of the additive.
(8)
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
Chapter I of Annex B to Directive 70/524/EEC is amended as follows:
The additive salinomycin sodium, belonging to the group ‘Coccidiostats and other medical substances’, is deleted.
Article 2
The additive Sacox 120 microGranulate belonging to the group ‘Coccidiostats and other medical substances’ as set out in the Annex to the present Regulation is authorised for use in animal nutrition under the conditions laid down in that Annex.
Article 3
A period of six months from the date of entry into force of this Regulation is permitted to use up the existing stocks of salinomycin sodium.
Article 4
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, 17 August 2004.
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COUNCIL REGULATION (EC) No 1419/2007
of 29 November 2007
terminating the partial interim review of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation) and in particular Articles 9 and 11(3) thereof,
Having regard to the proposal from the Commission, after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1)
By Regulation (EC) No 1470/2001 (2), the Council imposed definitive anti-dumping duties ranging from 0 to 66,1 % on imports of integrated electronic fluorescent lamps (CFL-i) originating in the People's Republic of China (PRC) following an investigation. Prior to that, the Commission had imposed provisional anti-dumping duties by Regulation (EC) No 255/2001 (3).
(2)
By Regulation (EC) No 866/2005 (4), the Council extended the anti-dumping measures to also cover imports of CFL-i consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan or the Republic of the Philippines whether declared as originating in the Socialist Republic of Vietnam, the Islamic Republic of Pakistan or the Republic of the Philippines or not. The extension followed an anti-circumvention investigation carried out pursuant to Article 13 of the basic Regulation.
(3)
By Regulation (EC) No 1322/2006 (5), the Council amended the anti-dumping measures in force. The amendment was made following an interim review carried out with regard to the product scope. The result of the investigation and the effect of the amending Regulation was that direct current voltage lamps (DC-CFL-i) should be excluded from the scope of the measures. The anti-dumping measures would accordingly only cover alternating current voltage lamps (including electronic compact fluorescent discharge lamps functioning on both alternating and direct current) (AC-CFL-i).
(4)
By Regulation (EC) No 1205/2007 (6) the Council prolonged the anti-dumping measures in force. The prolongation was made following an expiry review carried out pursuant to Article 11(2) of the Basic Regulation.
(5)
The initiation of the investigation followed a request for a review pursuant to Article 11(3) of the basic Regulation. The request was lodged by the Community Federation of Lighting Industry of Compact Fluorescent Lamps Integrated (2CFLI) (the applicant).
(6)
Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission, on 8 September 2006, initiated an investigation (7) pursuant to Article 11(3) of the basic Regulation. The scope of the interim review is limited to the level of dumping as far as one exporting producer, Lisheng Electronic & Lighting (Xiamen), is concerned.
(7)
The Commission officially advised the applicant and the exporting producer in the PRC, as well as the representatives of the government of the exporting country, of the initiation of the review.
(8)
Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.
(9)
In order to obtain the information deemed necessary for its investigation, the Commission sent questionnaires to the exporting producer concerned. The exporting producer cooperated by replying to the questionnaires and verification visits were subsequently carried out at the premises of the exporting producer as well as to other parties related to this exporting producer, namely:
-
Lisheng Electronic & Lighting (Xiamen) Co., Ltd.
Related company in the PRC
-
Megaman Electrical & Lighting Ltd (Xiamen).
Related companies in Hong Kong
-
Neonlite Electronic & Lighting Ltd (HK),
-
Electric Light Systems Ltd (HK).
Related importer in the Community
-
IDV, Import und Direkt-Vertriebs-Ges.mbH, Germany.
(10)
The investigation period as concerns the level of dumping for the interim review of the one exporting producer, Lisheng Electronic & Lighting (Xiamen) Co. Ltd., covered the period from 1 July 2005 to 30 June 2006.
B. PRODUCT CONCERNED AND LIKE PRODUCT
(11)
The product concerned is the same as determined in the amending Regulation, i.e. electronic compact fluorescent discharge lamps functioning on alternating current (including electronic compact fluorescent discharge lamps functioning on both alternating and direct current), with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot, or integrated in the lamp foot originating in the People's Republic of China (the product concerned), currently classifiable within CN code ex 8539 31 90.
(12)
As in the original investigation, it was found that CFL-i manufactured and sold domestically in the PRC, and CFL-i exported from the PRC has the same basic physical and technical characteristics and uses. Therefore and as concluded in the prolongation Regulation, these products are alike within the meaning of Article 1(4) of the basic Regulation.
C. DUMPING
(13)
Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value is to be determined in accordance with paragraphs 1 to 6 of the said Article for those exporting producers which can show that they meet the criteria laid down in Article 2(7)(c) of that Regulation, i.e. that market economy conditions prevail in respect of the manufacture and sale of the like product.
(14)
While the Chinese exporting producer was granted Market economy treatment in the original investigation, an assessment had to be made in the interim review as to whether the relevant criteria for fulfilment of MET were still in place. A MET claims form pursuant to Article 2(7)(b) of the basic Regulation was consequently sent and completed by the Chinese Exporting producer, and its related company Megaman Electrical & Lighting Ltd. (Xiamen).
(15)
Briefly, and for ease of reference only, the criteria for MET are set out in summarised form below:
1.
business decisions and costs are made in response to market signals, and without significant State interference;
2.
firms have one clear set of accounting records which are independently audited in line with international accounting standards (IAS) and are applied for all purposes;
3.
there are no significant distortions carried over from former non-market-economy system;
4.
legal certainty and stability is provided by bankruptcy and property laws;
5.
currency exchanges are carried out at market rate.
(16)
As stated before, the Commission sought and verified at the premises of the exporting producer and its related company Megaman Electrical & Lighting Ltd., all information submitted in the MET applications and deemed necessary. The investigation revealed that the Chinese exporting producer fulfilled all of the conditions for granting MET.
(17)
In order to establish normal value, it was first verified whether the total domestic sales of the exporting producer were representative in accordance with Article 2(2) of the Basic Regulation, i.e. that they accounted for 5 % or more of the total sales volume of the product concerned exported to the Community.
(18)
In view of the above requirements, the investigation revealed that domestic sales of the exporting producer could not be considered representative and the normal value therefore had to be constructed in accordance with Article 2(3) of the basic Regulation, thus calculated based on the cost of production in the exporting country plus a reasonable amount for selling, general and administrative costs and profits.
(19)
The normal value was accordingly established based on the exporting producer's own data for the cost of manufacturing (COM) for production destined for domestic consumption.
(20)
Conversely, the amount for selling general and administrative expenses (SGA) and profits could not be established in accordance with the chapeau of Article 2(6) of the Basic Regulation on actual data pertaining to production and sales in the ordinary course of trade of the product concerned.
(21)
It was examined whether SGA and profit could be established in accordance with Article 2(6)(a) and (b). However, since no other exporter were investigated in this review the methodology in Article 2(6)(a) namely the weighted average of the actual amounts of other exporters could not be used. Similarly, the methodology in Article 2(6)(b) was not appropriate since there were no sales in the domestic market of products belonging to the same category.
(22)
Consequently, the Commission calculated a weighted average using the SGA expenses and profit rates from two cooperating exporting producers in the analogue country used in the expiry review pursuant to Article 11(2) of the basic Regulation and that had domestic sales in the ordinary course of trade. The SGA expenses and profit average rates found in these cooperating South Korean exporting producers were added to the cost of manufacturing incurred by the exporting producer in question with regard to the exported types as stipulated by Article 2(3) of the basic Regulation.
(23)
The exporting producer made export sales to the Community both directly to independent customers and via related importers in a third country and the Community. In all cases where the product concerned was exported to independent customers in the Community, the export price was established in accordance with Article 2(8) of the basic Regulation, namely on the basis of export prices actually paid or payable.
(24)
In cases where sales were made via a related importer or trader, the export price was constructed on the basis of the resale prices of that related importer to independent customers. Adjustments were made for all costs incurred between importation and resale including sales, general and administrative expenses, and a reasonable profit margin, in accordance with Article 2(9) of the basic Regulation. The appropriate profit margin was established on the basis of information provided by unrelated cooperating traders/importers operating on the Community market.
(25)
For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. For the investigated exporting producer, allowances for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, warranty and guarantee costs and commissions have been granted where applicable and justified.
(26)
With regard to the credit cost allowance, the exporting producer claims that the deposit rate instead of the credit rate should be used on the grounds that, the company having sufficient liquidity, its credit costs are limited to the interest earnings not perceived on its bank deposit account.
(27)
Following the practice consistently applied by the Community institutions, it was not found appropriate to base the calculation of the credit cost allowance on the deposit rate on the grounds that these constitute opportunity costs as compared to actual costs.
(28)
In this context it is noted that the interest customers would have to pay in case of payment delays suggest that the company determined such interests on the basis of credit rates rather than deposit rates.
(29)
As provided by Article 2(11) and (12) of the basic Regulation, the weighted average normal values of each type of the product concerned exported to the Community were compared to the weighted average export price of each corresponding type of the product concerned. This comparison showed the existence of a dumping margin below de minimis for the exporting producer that exported to the Community in the RIP.
D. CONCLUSION
(30)
On this basis, it was concluded that, the circumstances with regard to dumping on the basis on which measures were established for the company in the original investigation has not changed. The partial interim review pursuant to Article 11(3) of the basic Regulation should therefore be terminated.
E. TERMINATION OF THE REVIEW
(31)
Based on the above considerations, the partial interim review concerning Lisheng Electronic & Lighting (Xiamen) Co., Ltd should be terminated without any amendment to Regulation (EC) No 1205/2007.
(32)
Interested parties were informed of the essential facts and considerations on which basis the Commission proposed to terminate this proceeding. Views made known were then examined but were not such as alter the above conclusions,
HAS ADOPTED THIS REGULATION:
Article 1
The partial interim review of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent discharge lamps manufactured by Lisheng Electronic & Lighting (Xiamen) Co., Ltd and originating in the People's Republic of China, initiated pursuant to Article 11(3) of Regulation (EC) No 384/96, is hereby terminated without any amendment to Regulation (EC) No 1205/2007.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2007.
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COMMISSION DIRECTIVE 2008/89/EC
of 24 September 2008
amending, for the purposes of its adaptation to technical progress, Council Directive 76/756/EEC concerning the installation of lighting and light-signalling devices on motor vehicles and their trailers
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (1), and in particular Article 39(2) thereof,
Whereas:
(1)
Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (2) is one of the separate Directives in the context of the EC type approval procedure established under Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (3). The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 76/756/EEC.
(2)
In order to increase road safety by improving the conspicuity of motor vehicles the obligation for fitting dedicated daytime running lights on these vehicles should be introduced into Directive 76/756/EEC.
(3)
New technologies like the Adaptive Front Lighting System (AFS) and the Emergency Stop Signal (ESS) are expected to have a positive influence on road safety. Directive 76/756/EEC should therefore be amended in order to allow the fitting of these devices.
(4)
In order to take into account further amendments to UN/ECE Regulation No 48 (4) on which the Community has already voted, it is appropriate to adapt Directive 76/756/EEC to technical progress by aligning it to the technical requirements of this UN/ECE Regulation. In the interest of clarity Annex II to Directive 76/756/EEC should be amended.
(5)
Directive 76/756/EEC should therefore be amended accordingly.
(6)
The measures provided for in this Directive are in accordance with the opinion of the Technical Committee - Motor Vehicles,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex II, paragraph 1 to Directive 76/756/EEC is amended as follows:
‘1.
The technical requirements shall be those set out in paragraphs 2, 5 and 6 of UN/ECE Regulation No 48 (5) and Annexes 3 to 11 thereto.
Article 2
With effect from 7 February 2011 for vehicles of categories M1 and N1 and from 7 August 2012 for vehicles of other categories, if the requirements laid down in Directive 76/756/EEC, as amended by this Directive, are not complied with, Member States, on grounds related to the installation of lighting and light-signalling devices, shall refuse to grant EC type approval or national type approval for new types of vehicles.
Article 3
1. Member States shall adopt and publish, by 15 October 2009, at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 16 October 2009.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 24 September 2008.
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DECISION No 171
of 9 December 1998
amending Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17(7) and Article 60(6) of Council Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72
(1999/370/EC)
THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,
Having regard to Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72,
Having regard to Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro,
Having regard to Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro,
Having regard to Decision No 135,
Whereas the amounts referred to in Decision No 135, which are expressed in national currencies prior to the introduction of the euro, should be converted into euro;
Whereas the principal aim of Decision No 135 is to fix an identical threshold amount for all Member States, expressed in euro, which shall apply to all Member States, including those not participating in the euro,
HAS DECIDED AS FOLLOWS:
1. Paragraph 2(2) of Decision No 135 of 1 July 1987 shall be replaced by the following:
"2.2. the expected or actual cost of that benefit exceeds the flat-rate amount of EUR 500."
2. This Decision shall be published in the Official Journal of the European Communities. It shall apply from 1 January 1999.
The Chairman of the Administrative Commission
Helmut SIEDL
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DECISION No 1926/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 December 2006
establishing a programme of Community action in the field of consumer policy (2007-2013)
(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 153 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1)
The Community can contribute to protecting the health, safety and economic and legal interests of citizens through actions in the field of consumer protection.
(2)
It is therefore appropriate to establish a programme of Community action in the field of consumer policy, replacing Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 (4). That Decision should therefore be repealed.
(3)
Integrating consumer interests in all Community policies, in accordance with Article 153 of the Treaty, should be given high priority, together with the consumer policy objectives set out in this programme. Coordination with other Community policies and programmes is a key part of ensuring that consumer interests are taken fully into account in other policies. In order to promote synergies and avoid duplication, other Community funds and programmes should provide for financial support for the integration of consumer interests in their respective fields.
(4)
This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (5), for the budgetary authority during the annual budgetary procedure.
(5)
It is of general European interest that the health and safety aspects of services and non-food products and the economic and legal interests of citizens, as well as consumers' interests in the development of standards for products and services, be represented at Community level. Given the particular nature of the organisations concerned, the renewal of Community support for the functioning of such organisations should not be subject to the principle of gradual decrease of the extent of Community support.
(6)
It is appropriate to ensure a transition between this programme and the programme it replaces, in particular regarding the continuation of multi-annual measures and the evaluation of the previous programme's successes and areas that need more attention. As of 1 January 2014, the technical and administrative assistance appropriations should cover, if necessary, the expenditure related to the management of actions not completed by the end of 2013.
(7)
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).
(8)
Implementation of the programme should take into account the fact that the internal market will not function properly if consumers are less well protected in some Member States than in others. The programme should therefore focus especially on consumer protection and consumer awareness in the Member States which have acceded on or after 1 May 2004, in order to ensure a level playing field for all Member States.
(9)
The Agreement on the European Economic Area (hereinafter referred to as ‘the EEA Agreement’) provides for cooperation in the field of consumer protection between the European Community and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area (hereinafter referred to as ‘the EFTA/EEA countries’), on the other. Provision should also be made to open the programme to participation by other countries, in particular the neighbouring countries of the European Union and countries which are applying for, are candidates for, or are acceding to, membership of the European Union.
(10)
In the context of the implementation of the programme, cooperation with third countries not participating in the programme should be encouraged, taking into account any relevant agreements between those countries and the Community.
(11)
The value and impact of the measures taken under the programme should be regularly monitored and evaluated, including by independent external evaluators. For the purposes of evaluating consumer policy, measurable objectives should be formulated and indicators developed.
(12)
Since the objectives of this Decision cannot be sufficiently achieved by the Member States due to the cross-border nature of the issues involved, and can therefore by reason of the greater potential of Community action efficiently and effectively to protect the health, safety and economic and legal interests of citizens be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,
HAVE DECIDED AS FOLLOWS:
Article 1
Establishment of the programme
A programme of Community action in the field of consumer policy covering the period from 31 December 2006 to 31 December 2013, hereinafter referred to as ‘the Programme’, is hereby established.
Article 2
Aim and objectives
1. The aim of the Programme shall be to complement, support and monitor the policies of the Member States and to contribute to protecting the health, safety and economic and legal interests of consumers, as well as to promoting their rights to information, to education and to organise themselves in order to safeguard their interests.
2. The aim referred to in paragraph 1 shall be pursued through the following objectives:
(a)
to ensure a high level of consumer protection, notably through improved evidence, better consultation and better representation of consumers' interests;
(b)
to ensure the effective application of consumer protection rules, in particular through enforcement cooperation, information, education and redress.
These objectives shall be achieved through a combination of actions and instruments drawn from the list set out in Annex I according to the priorities set out in the annual work plan referred to in Article 7(2)(a).
Article 3
Funding
1. The financial envelope for the implementation of the Programme for the period from 31 December 2006 to 31 December 2013 is hereby set at EUR 156 800 000.
2. Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
Article 4
Financial contributions
1. Financial contributions by the Community shall not exceed the following levels:
(a)
50 % of the costs of actions jointly financed by the Community and one or more Member States, or by the Community and the competent authorities of the third countries participating pursuant to Article 8; except in the case of actions of exceptional utility, the Community contribution to the costs of which shall not exceed 70 %;
(b)
85 % of the costs of actions intended to develop integrated European Master Degree courses in consumer issues;
(c)
50 % of expenditure for the functioning of European consumer organisations;
(d)
95 % of expenditure for the functioning of European consumer organisations representing consumer interests in the development of standards for products and services at Community level.
2. Financial contributions by the Community may take the form of:
(a)
scholarship grants for individual mobility of teachers and students in the framework of integrated European Master Degree courses in consumer issues. The management of these grants may be entrusted to the Erasmus National Agencies of the Life Long Learning programme;
(b)
travel and subsistence allowances for the exchange of enforcement officials.
3. The criteria for assessing whether actions exhibit exceptional utility within the meaning of paragraph 1(a) shall be established in advance in the annual work plan. Actions of exceptional utility shall benefit, in particular, consumers from Member States which acceded to the European Union on or after 1 May 2004.
4. The renewal of financial contributions set out in paragraphs 1(c) and 1(d) shall be exempted from the principle of gradual decrease.
5. For the purposes of paragraphs 1 and 2, financial contributions by the Community may also be given in the form of flat-rate or lump sum financing where this is suited to the nature of the actions concerned as defined in the annual work plan. In the case of flat-rate or lump sum financing, the percentage limits provided for in paragraph 1 shall not apply, although co-financing is still required.
Article 5
Beneficiaries
The classes of beneficiaries eligible for the financial contributions established in Article 4 are set out in Annex II.
Article 6
Administrative and technical assistance
1. The financial allocation for the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required directly for the management of the Programme and the achievement of its objectives; in particular, studies, meetings, information and publication actions, expenses linked to IT networks focusing on information exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the Programme.
2. The financial allocation for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Decision No 20/2004/EC. If necessary, appropriations may be entered in the budget beyond 2013 to cover these expenses, to enable the management of actions not completed by 31 December 2013.
Article 7
Implementation
1. The Commission shall be responsible for the implementation of the Programme.
Actions in pursuit of the aim and objectives set out in Article 2 shall make full use of appropriate available methods of implementation including, in particular, direct or indirect implementation by the Commission on a centralised basis.
2. The procedure referred to in Article 10(2) shall apply to the adoption of:
(a)
the annual work plan for the implementation of the Programme, setting out;
-
priorities and actions to be undertaken, including the allocation of financial resources,
-
selection and award criteria and criteria for the percentage of Community financial contributions,
-
use made of flat rate and lump sum financing, and
-
the planned timing of calls for tenders, joint actions and calls for proposals;
(b)
the arrangements, including selection and award criteria, for the implementation of the actions referred to in Article 4(1)(a).
3. The Commission shall inform the Committee referred to in Article 10 of the actions undertaken in the implementation of the Programme.
Article 8
Participation of third countries
The Programme shall be open to the participation of:
(a)
the EFTA/EEA countries, in accordance with the conditions established in the EEA Agreement;
(b)
third countries, in particular countries to which the European Neighbourhood Policy applies, countries that are applying for, are candidates for, or are acceding to, membership of the European Union, and the western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the respective bilateral or multilateral agreements with those countries establishing the general principles for their participation in Community programmes.
Article 9
Monitoring, evaluation and dissemination of results
1. The Commission, in close cooperation with the Member States, shall monitor the implementation of the actions of the Programme in the light of its objectives. It shall report thereon to the Committee referred to in Article 10, and shall keep the European Parliament and the Council informed thereof.
2. At the request of the Commission, Member States shall submit to it information on the implementation and impact of the Programme.
3. The Commission shall ensure that the Programme is evaluated three years after its start, and following its end. The Commission shall communicate the results of those evaluations, accompanied by its comments, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
The Commission shall make the results of actions undertaken pursuant to this Decision publicly available.
Article 10
Committee procedure
1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. The Committee shall adopt its rules of procedure.
Article 11
Repeal
Decision No 20/2004/EC is hereby repealed.
Article 12
Entry into force
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 18 December 2006.
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COUNCIL REGULATION (EC) No 3084/95
of 21 December 1995
allocating, for 1996, catch quotas between Member States for vessels fishing in Latvian 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 relations between the European Economic Community and the Republic of Latvia (2), and in particular Articles 3 and 6 thereof, the Community, as constituted on 31 December 1994, and Latvia have held consultations concerning their mutual fishing rights for 1996 and the management of common living resources;
Whereas, in accordance with Articles 96 and 124 of the 1994 Act of Accession, fisheries agreements concluded by the Republic of Finland and the Kingdom of Sweden with third countries are managed by the Community;
Whereas, in accordance with the procedure provided for in the Agreement on fisheries between the Republic of Finland and the Republic of Latvia of 25 October 1993, the Community, on behalf of Finland and Latvia have held consultations concerning their mutual fishing rights for 1996;
Whereas, in accordance with the procedure provided for in the Agreement on fisheries between the Kingdom of Sweden and the Republic of Latvia of 27 April 1993, the community, on behalf of Sweden, and Latvia have held consultations concerning their mutual fishing rights for 1996;
Whereas, in the course of these consultations, the delegations agreed to recommend to their respective authorities that certain catch quotas for 1996 should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1996, the results of the consultations with Latvia;
Whereas, to ensure efficient management of the catch possibilities available in Latvian waters, they should by 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),
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1996, vessels flying the flag of a Member State are hereby authorized to make catches within the quota limits set out in the Annex in waters falling within the fisheries jurisdiction of Latvia.
Article 2
1. The financial contribution provided for in Article 7 of the Agreement on fisheries relations between the European Economic Community and Latvia shall be set for the period referred to in Article 1 at ECU 451 000 payable to an account designated by Latvia.
2. The financial contribution provided for in Article 8 of that Agreement shall be set for the period referred to in Article 1 at ECU 45 100 payable to an account designated by Latvia.
Article 3
This Regulation shall enter into force on 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1995.
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*****
COMMISSION REGULATION (EEC) No 1450/88
of 27 May 1988
on duties applicable in the Community as constituted at 31 December 1985 to iceberg lettuce from Spain and Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular points (b) of the first subparagraphs of Articles 75 (4) and 243 (4),
Whereas Council Regulation (EEC) No 4161/87 (1) determines the basic duties to be used in the Community as constituted at 31 December 1985 for the calculation of the successive reductions provided for by the Act of Accession;
Whereas the marketing of crisp head cabbage lettuce (Lactuca sativa L. var. capitata) (iceberg) from Spain and Portugal should be promoted in the Community as constituted at 31 December 1985; whereas the customs duty applicable in the Community as constituted at 31 December 1985 for the said products meeting the conditions laid down in Article 9 (2) of the Treaty in Spain and Portugal should accordingly be reduced at a faster rate than originally laid down and for the periods 1 July to 30 September in 1988 and 1989;
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
For crisp head cabbage lettuce (Lactuca sativa L. var. capitata) (iceberg) covered by CN code ex 0705 11 10 from Spain and Portugal meeting the conditions laid down in Article 9 (2) of the Treaty, the customs duty applicable in the Community as constituted at 31 December 1985 is hereby reduced to:
1.2.3 // // // // Period // Spain // Portugal // // // // 1 July to 30 September 1988 // 9,4 % + minimum 1,7 ECU/100 kg net // 9,4 % + minimum 1,6 ECU/100 kg net // 1 July to 30 September 1989 // 8,2 % + minimum 1,5 ECU/100 kg net // 8,2 % + minimum 1,3 ECU/100 kg net // // //
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 1988.
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Commission Regulation (EC) No 1387/2003
of 1 August 2003
amending Regulation (EC) No 2300/97 on detailed rules to implement Council Regulation (EC) No 1221/97 laying down general rules for the application of measures to improve the production and marketing of honey
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1221/97 of 25 June 1997 laying down general rules for the application of measures to improve the production and marketing of honey(1), as amended by Regulation (EC) No 2070/98(2), and in particular Article 5 thereof,
Whereas:
(1) Commission Regulation (EC) No 2300/97(3), as last amended by Regulation (EC) No 1216/2002(4), lays down provisions for the implementation of the national annual programmes provided for in Regulation (EC) No 1221/97. The Community's financial contribution to these programmes is based on the total number of hives in each Member State as listed in the Annex to Regulation (EC) No 2300/97.
(2) There have been changes to the number of hives in the Member States' communications to update the structural data on the situation in the sector as provided for in Article 1(a) of Regulation (EC) No 2300/97.
(3) Regulation (EC) No 2300/97 should therefore be amended accordingly.
(4) Given that Article 2(2) of Regulation (EC) No 2300/97 fixes the 31 August as the final date for implementation of measures under annual programmes, this Regulation should apply from the 2003/04 marketing year.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 2300/97 is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply for the first time to the annual programmes covering the 2003/2004 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 August 2003.
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Commission Regulation (EC) No 1353/2001
of 4 July 2001
amending Regulation (EEC) No 2257/92 laying down detailed rules for implementing the specific arrangements for supplying Madeira with certain vegetable oils
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures for the Azores and Madeira relating to certain agricultural products(1), as last amended by Regulation (EC) No 2826/2000(2), and in particular Article 10 thereof,
Whereas:
(1) Pursuant to Article 2 of Regulation (EEC) No 1600/92, Commission Regulation (EEC) No 2257/92(3), as last amended by Regulation (EC) No 865/2001(4), establishes the forecast supply balance for certain vegetable oils for Madeira for the 2000/2001 marketing year.
(2) Pending the entry into force of the reform of the specific supply arrangements and in order to avoid any break in the application of the specific supply arrangements in force, the supply balance should be established for the period 1 July to 31 December 2001. The Annex to Regulation (EEC) No 2257/92 should therefore be replaced.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 2257/92 is replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 July 2001.
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COMMISSION REGULATION (EC) No 2247/97 of 11 November 1997 establishing unit values for the determination of the customs value of certain perishable goods
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), as last amended by Regulation (EC) No 82/97 (2),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3), as last amended by Regulation (EC) No 1427/97 (4), and in particular Article 173 (1) thereof,
Whereas Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation;
Whereas the result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173 (2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173 (1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 14 November 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 November 1997.
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COMMISSION REGULATION (EC) No 354/2009
of 29 April 2009
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 30 April 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2009.
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COUNCIL DIRECTIVE 94/76/EC of 22 December 1994 amending Directive 77/388/EEC by the introduction of transitional measures applicable, in the context of the enlargement of the European Union on 1 January 1995, as regards value added tax
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the 1994 Accession Treaty, and in particular Articles 2 and 3 thereof, and the 1994 act of Accession, and in particular Article 169 thereof,
Having regard to the proposal from the Commission,
Whereas, subject to the special provisions set out in Chapter IX of Annex XV to the Act of Accession, the common system of value added tax is to apply to the new Member States as from the date on which the Accession Treaty enters into force;
Whereas, as a result of the abolition on that date of the imposition of tax on importation and remission of tax on exportation in trade between the Community as constituted at present and the new Member States, and between the new Member States themselves, transitional measures are necessary to safeguard the neutrality of the common system of value added tax and prevent situations of double taxation or non-taxation;
Whereas such measures must, in this respect, meet concerns akin to those that led to the measures adopted on completion of the internal market on 1 January 1993, and in particular the provisions of Article 28n of Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turn-over taxes - Common system of value added tax: uniform basis of assessment (1);
Whereas, in the customs sphere, goods will be deemed to be in free circulation in the enlarged Community where it is shown that they were in free circulation in the current Community or in one of the new Member States at the time of accession; whereas conclusions should be drawn from this, particularly for Article 7 (1) and (3) and Article 10 (3) of Directive 77/388/EEC;
Whereas it is necessary in particular to cover situations in which goods have been placed, prior to accession, under one of the arrangements referred to in Article 16 (1) (B) (a) to (d), under a temporary admission procedure with full exemption from import duties or under a similar procedure in the new Member States;
Whereas it is also necessary to lay down specific arrangements for cases where a special procedure (export or transit), initiated prior to the entry into force of the Accession Treaty in the framework of trade between the current Community and the new Member States and between those Member States for the purposes of a supply effected prior to that date by a taxable person acting as such, is not terminated until after the date of accession,
HAS ADOPTED THIS DIRECTIVE:
Article 1
In Directive 77/388/EEC, the following Title and Article shall be inserted:
'TITLE XVIc Transitional measures applicable in the context of the accession to the European Union of Austria, Finland and Sweden Article 28p 1. For the purpose of applying this Article:
- 'Community` shall mean the territory of the Community as defined in Article 3 before accession,
- 'new Member States` shall mean the territory of the Member States acceding to the European Union by the Treaty signed on 24 June 1994, as defined for each of those Member States in Article 3 of this Directive,
- 'enlarged Community` shall mean the territory of the Community as defined in Article 3, after accession.
2. When goods:
- entered the territory of the Community or of one of the new Member States before the date of accession, and - were placed, on entry into the territory of the Community or of one of the new Member States, under a temporary admission procedure with full exemption from import duties, under one of the regimes referred to in Article 16 (1) (B) (a) to (d) or under a similar regime in one of the new Member States, and - have not left that regime before the date of accession,
the provisions in force at the moment the goods were placed under that regime shall continue to apply until the goods leave this regime, after the date of accession.
3. When goods:
- were placed, before the date of accession, under the common transit procedure or under another customs transit procedure, and - have not left that procedure before the date of accession,
the provisions in force at the moment the goods were placed under that procedure shall continue to apply until the goods leave this procedure, after the date of accession.
For the purposes of the first indent, 'common transit procedure` shall mean the measures for the transport of goods in transit between the Community and the countries of the European Free Trade Association (EFTA) and between the EFTA countries themselves, as provided for in the Convention of 20 May 1987 on a common transit procedure (1).
4. The following shall be deemed to be an importation of goods within the meaning of Article 7 (1) where it is shown that the goods were in free circulation in one of the new Member States or in the Community:
(a) the removal, including irregular removal, of goods from a temporary admission procedure under which they were placed before the date of accession under the conditions set out in paragraph 2;
(b) the removal, including irregular removal, of goods either from one of the regimes referred to in Article 16 (1) (B) (a) to (d) or from a similar regime under which they were placed before the date of accession under the conditions set out in paragraph 2;
(c) the termination of one of the procedures referred to in paragraph 3 which was started before the date of accession in one of new Member States for the purposes of a supply of goods for consideration effected before that date in that Member State by a taxable person acting as such;
(d) any irregularity or offence committed during one of the procedures referred to in paragraph 3 under the conditions set out at (c).
5. The use after the date of accession within a Member State, by a taxable or non-taxable person, of goods supplied to him before the date of accession within the Community or one of the new Member States shall also be deemed to be an importation of goods within the meaning of Article 7 (1) where the following conditions are met:
- the supply of those goods has been exempted, or was likely to be exempted, either under Article 15 (1) and (2) or under a similar provision in the new Member States,
- the goods were not imported into one of the new Member States or into the Community before the date of accession.
6. In the cases referred to in paragraph 4, the place of import within the meaning of Article 7 (3) shall be the Member State within whose territory the goods cease to be covered by the regime under which they were placed before the date of accession.
7. By way of derogation from Article 10 (3), the importation of goods within the meaning of paragraphs 4 and 5 of this Article shall terminate without the occurrence of a chargeable event when:
(a) the imported goods are dispatched or transported outside the enlarged Community; or (b) the imported goods within the meaning of paragraph 4 (a) are other than means of transport and are redispatched or transported to the Member State from which they were exported and to the person who exported them; or (c) the imported goods within the meaning of paragraph 4 (a) are means of transport which were acquired or imported before the date of accession in accordance with the general conditions of taxation in force on the domestic market of one of the new Member States or of one of the Member States of the Community and/or have not been subject, by reason of their exportation, to any exemption from, or refund of, value added tax.
This condition shall be deemed to be fulfilled when the date of the first use of the means of transport was before 1 January 1987 or when the amount of tax due by reason of the importation is insignificant.
(1) OJ No L 226, 13. 8. 1987, p. 2.`
Article 2
1. Subject to the entry into force of the 1994 Accession Treaty, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on the date of entry into force of this Directive. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the provisions of domestic law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the same date as the 1994 Accession Treaty.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 22 December 1994.
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COMMISSION REGULATION (EC) No 1880/2005
of 17 November 2005
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 18 November 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 2005.
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*****
COMMISSION REGULATION (EEC) No 3648/88
of 23 November 1988
derogating from the quality standard for 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 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 2238/88 (2), and in particular Article 2 (3) thereof;
Whereas Commission Regulation (EEC) No 379/71 (3) laid down quality standards for citrus fruit, which are contained in the Annex to that Regulation;
Whereas, in view of the development of marketing, certain provisions as formulated at present relating to packaging may lead to confusion; whereas steps should be taken to remedy this situation pending a full revision of the standard;
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
By way of derogation from Regulation (EEC) No 379/71, until 15 July 1989, the last subparagraph under B ('Packaging') in item V ('Packaging and presentation') of the Annex thereto is hereby replaced by the following:
'The package, or bulk consignment for produce dispatched in bulk, must be free from any foreign matter; however, a presentation where a short twig with some green leaves adheres to the fruit is allowed.'
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, 23 November 1988.
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COMMISSION REGULATION (EC) No 2122/98 of 2 October 1998 fixing the production levies in the sugar sector for the 1997/98 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EC) No 1148/98 (2), and in particular Articles 28(8) and 28a(5) thereof,
Whereas Article 7(1) of Commission Regulation (EEC) No 1443/82 of 8 June 1982 laying down detailed rules for the application of the quota system in the sugar sector (3), as last amended by Regulation (EC) No 392/94 (4), provides that the basic production levy and the B levy together with, if required, the coefficient referred to in Article 28a(2) of Regulation (EEC) No 1785/81 for sugar, isoglucose and inulin syrup are to be fixed before 15 October in respect of the preceding marketing year;
Whereas Commission Regulation (EC) No 1753/97 (5) increased, for the 1997/98 marketing year, the maximum amount referred to in the first indent of Article 28(4) of Regulation (EEC) No 1785/81 to 37,5 % of the intervention price for white sugar;
Whereas the estimated total loss recorded in accordance with Article 28(1) and (2) of Regulation (EEC) No 1785/81 necessitates in respect of the 1997/98 marketing year, the retention of the maximum amounts referred to in Article 28(3) of the said Regulation in so far as the basic production levy is concerned and the taking into account of an amount equal to 36,8891 % of the intervention price for white sugar for the calculation of the B levy in conformity with Article 28(4) and (5) of the same Regulation;
Whereas the total uncovered loss recorded on the basis of the known information and in application of Article 28(1) and (2) of Regulation (EEC) No 1785/81 is covered in its entirety by the receipts from the basic production levy and the B levy; whereas the coefficient referred to in Article 28a(2) of the said Regulation should not as a consequence be fixed for the 1997/98 marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The production levies in the sugar sector for the 1997/98 marketing year are hereby fixed as follows:
(a) ECU 1,2638 per 100 kilograms of white sugar as the basic production levy on A sugar and B sugar;
(b) ECU 23,3102 per 100 kilograms of white sugar as the B levy on B sugar;
(c) ECU 0,5330 per 100 kilograms of dry matter as the basic production levy on A isoglucose and B isoglucose;
(d) ECU 9,7833 per 100 kilograms of dry matter as the B levy on B isoglucose;
(e) ECU 1,2638 per 100 kilograms of dry matter equivalent sugar/isoglucose of the basic production levy on A inulin syrup and B inulin syrup;
(f) ECU 23,3102 per 100 kilograms of dry matter equivalent sugar/isoglucose as the B levy on B inulin syrup.
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, 2 October 1998.
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COMMISSION REGULATION (EC) No 1337/2005
of 12 August 2005
on the issuing of export licences for wine-sector products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 883/2001 of 24 April 2001, laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (1), and in particular Article 7 and Article 9(3) thereof,
Whereas:
(1)
Article 63(7) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (2), limits the grant of export refunds for wine-sector products to the volumes and expenditure contained in the Agreement on Agriculture concluded during the Uruguay Round multilateral trade negotiations.
(2)
Article 9 of Regulation (EC) No 883/2001 lays down the conditions under which the Commission may take specific measures to prevent an overrun of the quantity laid down or the budget available under the said Agreement.
(3)
On the basis of information on export licence applications available to the Commission on 10 August 2005, the quantity still available for the period until 31 August 2005, for destination zones (2) Asia and (4) eastern Europe, referred to in Article 9(5) of Regulation (EC) No 883/2001, could be exceeded unless the issue of export licences with advance fixing of the refund is restricted. Therefore, a single percentage for the acceptance of applications submitted from 3 to 9 August 2005 should be applied and the submission of applications and the issue of licences suspended for this zone until 16 September 2005,
HAS ADOPTED THIS REGULATION:
Article 1
1. Export licences with advance fixing of the refund for wine-sector products for which applications are submitted from 3 to 9 August 2005 under Regulation (EC) No 883/2001 shall be issued in concurrence with 100,00 % of the quantities requested for zone (2) Asia and in concurrence with 100,00 % of the quantities requested for zone (4) eastern Europe.
2. The issue of export licences for wine-sector products referred to in paragraph 1 for which applications are submitted from 10 August 2005 and the submission of export licence applications from 13 August 2005 for destination zones (2) Asia and (4) eastern Europe shall be suspended until 16 September 2005.
Article 2
This Regulation shall enter into force on 13 August 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 August 2005.
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COMMISSION REGULATION (EC) No 1841/2005
of 10 November 2005
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 4 to 10 November 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1059/2005, the maximum refund on exportation of common wheat shall be 5,00 EUR/t.
Article 2
This Regulation shall enter into force on 11 November 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 November 2005.
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COMMISSION REGULATION (EC) No 2228/2004
of 23 December 2004
fixing the maximum export refund for white sugar to certain third countries for the 15th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1327/2004
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1327/2004 of 19 July 2004 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.
(2)
Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
For the 15th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1327/2004 the maximum amount of the export refund shall be 45,543 EUR/100 kg.
Article 2
This Regulation shall enter into force on 24 December 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2004.
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COUNCIL DECISION
of 18 December 1990
on the signing of the International Agreement on Jute and Jute Products, 1989
(91/51/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,
Having regard to the proposal from the Commission,
Whereas the International Agreement on Jute and Jute Products, 1989, is open for signature from 1 January to 31 December 1990;
Whereas all Member States have indicated their intention to sign the Agreement;
Whereas the Community and its Member States should proceed simultaneously to sign the Agreement,
HAS DECIDED AS FOLLOWS:
Article 1
Not later than 31 December 1990 the Community and its Member States shall, acting simultaneously, sign the International Agreement on Jute and Jute Products, 1989, in accordance with Article 37 (1) thereof.
Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Agreement on behalf of the Community.
The text of the Agreement is attached to this Decision.
Done at Brussels, 18 December 1990.
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COMMISSION REGULATION (EEC) No 3059/91 of 18 October 1991 laying down definitive measures on the issuing of STM licences for beef and veal in trade with Portugal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 252 (3) thereof,
Having regard to Council Regulation (EEC) No 569/86 of 25 February 1986 laying down general rules for the application of the supplementary mechanism applicable to trade (1), as last amended by Regulation (EEC) No 3296/88 (2), and in particular Article 7 (1) thereof,
Whereas Commission Regulation (EEC) No 3815/90 of 19 December 1990 laying down detailed rules for the application of the supplementary trade mechanism for certain beef and veal products intended for Portugal (3), as last amended by Regulation (EEC) No 840/91 (4), sets the annual indicative ceiling for imports into Portugal of certain beef and veal products;
Whereas STM licences issued in response to applications lodged from 9 to 13 September 1991 have exhausted that fraction of the indicative ceiling set aside for the third quarter of 1991 for fresh and chilled meat;
Whereas the Commission had already adopted, by an emergency procedure, appropriate interim protective measures by Regulations (EEC) No 2132/91 (5), (EEC) No 2438/91 (6) and (EEC) No 2577/91 (7); whereas definitive measures must be adopted; whereas, in view of the situation of the market in Portugal, an increase in the indicative ceiling cannot be contemplated;
Whereas, as a definitive measure as referred to in Article 252 (1) of the Act of Accession, the issue of STM licences should be definitively discontinued in order to prevent any disturbance on the Portuguese market;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
For fresh and chilled meat:
1. the issuing of STM Portugal licences is suspended until 6 October 1991;
2. further applications for STM Portugal licences may be lodged from 23 September 1991.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 October 1991.
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COMMISSION REGULATION (EC) No 833/2006
of 2 June 2006
fixing the compensatory aid for bananas produced and marketed in the Community in 2005 and the unit value of the advances for 2006
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), and in particular the first subparagraph of Article 12(6) and Article 14 thereof,
Whereas:
(1)
Under Article 12(3) of Regulation (EEC) No 404/93, compensatory aid to Community producers for any loss of income is calculated on the basis of the difference between the flat-rate reference income and the average production income from bananas produced and marketed in the Community during the year in question.
(2)
Article 2(2) of Commission Regulation (EEC) No 1858/93 of 9 July 1993 laying down detailed rules for applying Council Regulation (EEC) No 404/93 as regards the aid scheme to compensate for loss of income from marketing in the banana sector (2) fixes the flat-rate reference income at EUR 64,03 per 100 kilograms net weight of green bananas ex-packing shed.
(3)
In 2005, the average production income, calculated on the basis of the average of the prices for bananas marketed outside the producer regions at the stage of delivery at first port of unloading (goods not unloaded), on the one hand, and the selling prices on local markets for bananas marketed in their producer region, on the other, less the flat-rate amounts laid down in Article 3(2) of Regulation (EEC) No 1858/93, was less than the flat-rate reference income fixed for 2005. The compensatory aid to be granted in respect of 2005 should be fixed accordingly.
(4)
Under the second subparagraph of Article 12(6) of Regulation (EEC) No 404/93, supplementary aid is granted in one or more producer regions where the average income from production is significantly lower than the average for the Community.
(5)
The annual average production income from the marketing of bananas produced in Martinique, Guadeloupe and Greece has proved to be significantly lower than the Community average during 2005. As a result, supplementary aid should be granted in the producer regions of Martinique, Guadeloupe and Greece. In view of the data for 2005, which point to very difficult production and marketing conditions, supplementary aid covering 75 % of the difference between the average income in the Community and the average income recorded on selling products in these regions should be fixed.
(6)
The unit amount of the advances and the amount of the relevant security are established, in accordance with Article 4(2) and (3) of Regulation (EEC) No 1858/93, on the basis of the aid fixed for the preceding year.
(7)
Given that not all the necessary data were available, it has not hitherto been possible to determine the compensatory aid for 2005. Provision should be made for the balance of the aid for 2005 and of the advances for bananas marketed during January and February 2006 to be paid within two months of the entry into force of this Regulation.
(8)
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. The compensatory aid provided for in Article 12 of Regulation (EEC) No 404/93 for fresh bananas falling within CN code ex 0803, excluding plantain bananas, produced and marketed in the Community in 2005 shall be EUR 5,90 per 100 kilograms.
2. The aid fixed in paragraph 1 shall be increased by EUR 11,27 per 100 kilograms for bananas produced in Martinique, by EUR 12,12 per 100 kilograms for bananas produced in Guadeloupe and by EUR 7,76 per 100 kilograms for bananas produced in Greece.
Article 2
The advance for bananas marketed from January to December 2006 shall amount to EUR 4,13 per 100 kilograms. The relevant security shall be EUR 2,06 per 100 kilograms.
Article 3
Notwithstanding Article 10 of Regulation (EEC) No 1858/93, the competent authorities of the Member States shall pay the balance of the compensatory aid to be granted in respect of 2005 and the advance for bananas marketed during January and February 2006 within two months of the entry into force of this Regulation, after the verifications provided for in Article 10 of Regulation (EEC) No 1858/93.
Article 4
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, 2 June 2006.
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COUNCIL DECISION of 24 September 1996 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period from 3 May 1996 to 2 May 1999 the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola (96/569/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola (1),
Having regard to the proposal from the Commission,
Whereas the Community and the Republic of Angola have held negotiations with a view to determining amendments to be made to the abovementioned Agreement at the end of the period of application of the Protocol in force which is annexed to the said Agreement;
Whereas, as a result of these negotiations, a new Protocol was initialled on 2 May 1996;
Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Angola for the period from 3 May 1996 to 2 May 1999;
Whereas, in order to avoid interruption of fishing activities by Community vessels, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the said Protocol from the day following the date of expiry of the Protocol previously in force; whereas that Agreement should be approved subject to a definitive decision pursuant to Article 43 of the Treaty;
Whereas the allocation of fishing possibilities among the Member States should be determined on the basis of the traditional allocation of fishing possibilities under the fisheries agreement,
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period from 3 May 1996 to 2 May 1999, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
Article 2
The fishing possibilities provided for in the Protocol are allocated among the Member States as follows:
- Shrimp vessels: 6 550 grt, per month, as an annual average, 22 vessels Spain,
- Demersal tawlers: 2 000 grt, per month, as an annual average, Spain,
- Bottom longliners: 1 750 grt, per month, as an annual average, Portugal,
- Freezer tuna seiners: nine vessels, France,
- Surface longliners: two vessels Portugal, 10 vessels Spain.
If licence applications from these Member States do not exhaust the fishing possibilities provided for in the Protocol the Commission may entertain licence applications from any other Member State.
Article 3
The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.
Done at Brussels, 24 September 1996.
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COMMISSION REGULATION (EEC) No 2093/79 of 26 September 1979 amending Regulation (EEC) No 2036/74 fixing prices for the sale at reduced prices to certain institutions and bodies of a social character of hindquarters of adult bovine animals held by the intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 425/77 (2), and in particular Article 7 (3) thereof,
Whereas Commission Regulation (EEC) No 2036/74 (3), as last amended by Regulation (EEC) No 1356/79 (4), limits the sales to meat bought in before 31 March 1979;
Whereas it is now appropriate to release further beef for this sale;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
The date "31 March 1979" appearing in Article 1a of Regulation (EEC) No 2036/74 is hereby replaced by "30 April 1979".
Article 2
This Regulation shall enter into force on 5 October 1979.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 1979.
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COMMISSION REGULATION (EEC) No 1064/93 of 30 April 1993 introducing private storage premium for peas and field beans
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), as last amended by Regulation (EEC) No 364/93 (2), and in particular Article 16 thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rate to be applied for the purpose of the common agricultural policy (3), and in particular Article 6 (2) thereof,
Whereas the support arrangements foreseen in Regulation (EEC) No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (4), as last amended by Regulation (EEC) No 1750/92 (5), expire on 30 June 1993; whereas Regulation (EEC) No 1765/92 introduces a compensatory payment to arable producers, including pea and field bean producers; whereas the transition between the two support arrangements could give rise to considerable disturbance of the market for peas and field beans and pose substantial difficulties to the disposal of the 1992/93 pea and field bean crop;
Whereas it is necessary to establish specific measures which can facilitate the transition; whereas introducing a private storage premium for peas and field beans could facilitate the transition between the two support arrangements;
Whereas, contracts shall be concluded only with first buyers or approved users; whereas, to make the scheme more effective, contracts must relate to a certain minimum quantity; whereas in order to facilitate application of the system of contracts, a maximum quantity to be stored should be fixed per Member State, with the possibility of a redistribution of the quantities within these limits not taken up in any Member State;
Whereas the period during which contracts may be concluded should be restricted;
Whereas the amount of the security designed to ensure compliance with the contractual obligations should be fixed at an amount per 100 kilograms;
Whereas the contract shall include the obligations to be fulfilled by the co-contracting party, in particular those enabling the competent authority to make an effective inspection of storage, must be specified;
Whereas the peas or field beans may not be removed from storage before 1 July 1993; whereas the removal of peas or field beans from storage should be discouraged; whereas the entitlement to the aid and 50 % of the security shall be forfeited if the peas or field beans are removed from storage before the end of the contract period;
Whereas, pursuant to Article 6 (2) of Regulation (EEC) No 3813/92, it should be specified that, in the case of a storage premium, the operative event to determine the amount of the security and the aid in national currency is the latest day for the lodging of applications;
Whereas provision should be made for a system of checks to ensure that aid is not granted unduly; whereas for this purpose the Member States should make checks appropriate to the various stages of storage;
Whereas the Management Committee for Dried Fodder has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
I
Article 1
The competent authorities in the Member States shall conclude storage contracts, for peas or field beans harvested on their territory in the 1992/93 marketing year, as provided for in this Regulation.
Article 2
1. Storage contracts (hereinafter called 'contracts') shall be concluded only with first buyers or approved users.
2. Contracts shall be made only in respect of peas or field beans, in lots of at least 500 tonnes, for which a minimum price certificate has been issued according to Article 6 of Commission Regulation (EEC) No 3540/85 (6).
3. Contracts shall be concluded for a period of 200 days starting from 17 May or 14 June 1993. Contracts may not be renewed.
4. The maximum quantity that may be covered by contracts shall be 100 000 tonnes, distributed as follows:
- 70 000 tonnes in France,
- 10 000 tonnes in Denmark,
- 20 000 tonnes in the United Kingdom,
- 0 tonnes in other Member States.
If the quantities covered by contract in a Member State at 1 June are below the ceiling set, the balance may be reallocated by the Commission.
Article 3
1. With a view to conclusion of a contract, a written application must be lodged with the competent authority of the Member State in which the peas and field beans are located. It must be accompanied by proof that a security of ECU 0,5 per 100 kilograms of peas and field beans has been lodged.
2. Applications must be lodged by the end of:
10 May 1993 for storage commencing on 17 May 1993, or
4 June 1993 for storage commencing on 14 June 1993.
3. Member States shall notify the Commission of the quantities for which valid applications have been made, by the end of the first working day following the deadline for lodging applications.
4. The Commission shall total the quantities for which applications are made and shall, until exhaustion of the maximum quantity specified in Article 2 (4), authorize Member States to accept the applications made. Should there be a risk of exhaustion of the quantity it shall authorize acceptance of quantities applied for proportionally to the quantity available.
5. After authorization by the Commission, contracts shall be concluded without discrimination and as rapidly as possible. In all cases, the date of conclusion of the contract shall be before the first day of the relevant storage period.
II
Article 4
1. Contract applications and contracts shall relate to only those peas and field beans for which premium may be granted.
2. Contract applications shall not be acceptable unless they include the particulars referred to in paragraph 4 and proof has been furnished that a security has been provided.
3. Contracts shall include a declaration by which the co-contracting party undertakes to place in storage and to store only products for which a minimum price certificate according to Article 7 of Regulation (EEC) No 3540/85 has been issued.
4. Contracts shall be drawn up in two copies and shall include the following information:
(a) the business name of the co-contracting party;
(b) its full postal address;
(c) the name and address of the competent authority;
(d) the exact location of the place of storage;
(e) the number and individual particulars of the lots covered by the contract and the weight of each lot;
(f) the consent of the owner of the stored peas or field beans, if the contracting party is not the owner;
(g) the date of commencement of storage;
(h) the reference to this regulation;
(i) the date of conclusion of the contract;
(j) the amount of the aid per unit of weight;
(k) the amount of the security.
5. Contracts shall make the following obligations incumbent upon the co-contracting party:
(a) that of holding in store during the period stipulated of the agreed quantity of peas or field beans on their own behalf and at their own risk, any change to be authorized by the competent authority;
(b) that of authorizing the competent authority to verify at any time that the obligations laid down in the contract are being complied with.
6. The co-contracting party may, after 1 July 1993, cancel the contract by notifying the competent authority. Thereby the co-contracting party shall lose entitlement to the premium for the whole storage period and shall forfeit 50 % of the security lodged pursuant to Article 3 (1).
The co-contracting party may under no circumstance cancel the contract or remove contracted peas or field beans from stores before 1 July 1993.
7. The obligation of compliance with the quantity shown in the contract shall be met if at least 98 % of that quantity has been maintained in store.
Article 5
1. For each of the 200 day storage periods a premium of ECU 3 per 100 kilograms shall be granted.
2. The rate applicable for the conversion into national currency for the storage premium shall be the agricultural conversion rate in force on the latest day for the lodging of applications.
3. The amount of premium shall be calculated by reference to the quantity identified.
Article 6
Subject to the provisions of Article 7, the premium shall be paid only where all the obligations in the contract have been complied with.
The aid shall be paid, and the securities specified in Article 3 (1) released after verification of compliance with the said obligations, within 60 days following expiry of the contract.
Article 7
1. In the cases of force majeure, the competent authority shall determine what action is necessary given the circumstances invoked. Such action may, in particular, involve payment of the premium due pro rata for the quantity stored and the actual period of storage.
2. Member States shall inform the Commission immediately of all cases that they deem to be cases of force majeure and of the action taken in each case.
III
Article 8
1. Member States shall ensure that the conditions giving rise to entitlements to aid are fulfilled. For this purpose they shall designate the national authority or other delegated competent authority to be responsible for checking storage operations. If such delegation takes place, the Member State shall ensure that the delegated competent authority is independent of the co-contracting party.
2. The co-contracting party shall make available to the authority responsible for checking storage operations all documentation, for each contract, permitting in particular the following information on the products placed under contract to be verified:
(a) the ownership at the time of placing in storage;
(b) the date of placing in storage;
(c) the weight;
(d) the presence of products in the storage.
3. Products stored must be easily identifiable and must be identified individually by contract.
When the products are placed in storage, the authority responsible for checking operations shall verify the identification referred to in the first subparagraph and shall seal the products placed in storage.
4. The authority responsible for checking operations shall undertake:
(a) for each contract, a check on the compliance with all the obligations laid down in Article 4;
(b) a compulsory check to ensure that the products are present in the warehouse during the final week of the contractual storage period;
(c) an unanounced check on a representative proportion of the contracts and the contracted produce.
The sealing or handling costs of the check are born by the co-contracting party.
5. Failure to comply with the contractual obligations shall entail forfeiture of the security, specified in Article 3 (1), without prejudice to any other penalties applicable.
6. Member States shall notify the Commission of all national measures adopted in implementation of this Regulation, with a specimen of the contract, and the means of assurance of sealing the peas and field beans into store.
Article 9
Member States shall notify the Commission of:
- the quantities of peas and field beans for which contracts have been concluded, before the start of each storage period,
- the quantities of peas and field beans for which the contractual obligations were met and in respect of which the premium has been paid, within 90 days of the end of each storage period.
Article 10
1. By derogation the conclusion of a storage contract shall in the meaning of Article 17 of Regulation (EEC) No 3540/85, shall be considered as a request for identification, and the aid payable will be the aid of the day according to the second subparagraph, second indent of Article 18 (2) on the day of application.
2. By derogation from Article 3 of Commission Regulation (EEC) No 3328/92 (7) and Article 19 (1) of Regulation (EEC) No 3540/85 the obligation of using the products within the meaning of Article 9 of Regulation (EEC) No 3540/85 must be complied with no later than three months later the ending of the contract within the Member State of harvest.
Member States shall establish all the necessary control measures for the provisions foreseen in this Article, and which shall include a specific bookkeeping for the contracted peas.
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, 30 April 1993.
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COMMISSION REGULATION (EC) No 1128/2007
of 28 September 2007
fixing the import duties in the cereals sector applicable from 1 October 2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 10(2) of Regulation (EC) No 1784/2003 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 and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Article 10(3) of Regulation (EC) No 1784/2003 lays down that, for the purposes of calculating the import duty referred to in paragraph 2 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 October 2007, and should apply until new import duties are fixed and enter into force,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 October 2007, the import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
Article 2
This Regulation shall enter into force on 1 October 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2007.
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COMMISSION REGULATION (EC) No 586/2006
of 12 April 2006
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,
Whereas:
(1)
Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2)
In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 13 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 April 2006.
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COMMISSION DECISION of 14 February 1994 concerning the grant of assistance from the cohesion financial instrument to the following stage of project in Ireland: Dublin ring road: Northern Cross (Stage I) No CF: 93/07/65/032 (Only the English text is authentic) (94/379/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 792/93 of 30 March 1993 establishing a cohesion financial instrument (1), and in particular Article 8 (6) thereof,
Whereas Article 1 of Regulation (EEC) No 792/93 establishes a cohesion financial instrument to provide Community support for projects in the fields of the environment and trans-European transport infrastructure networks;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93 certain provisions of Titles VI and VII of Council Regulation (EEC) No 4253/88 of 19 December 1988 concerning the provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (2) amended by Regulation (EEC) No 2082/93 (3), are to apply, mutatis mutandis;
Whereas Article 2 of Regulation (EEC) No 792/93 defines the types of measures for which the cohesion financial instrument may provide assistance;
Whereas Article 10 of Regulation (EEC) No 792/93 requires the Member States to ensure that adequate publicity is given to the operations of the financial instrument and that measures which are described in Annex V to this Decision are undertaken;
Whereas references to 'project' shall be understood to mean also 'stage of project';
Whereas on 30 August 1993 Ireland submitted an application for assistance from the cohesion financial instrument for the project Dublin ring road: Northern Cross (Stage I);
Whereas that application concerns a project which is eligible under the terms of Article 2 of Regulation (EEC) No 792/93;
Whereas the application for assistance contains all the information required by Article 8 (4) of Regulation (EEC) No 792/93 and satisfies the criteria set out in Article 8 (3) and (5) of that Regulation;
Whereas the project is a transport infrastructure project of common interest;
Whereas the project forms part of the master plan for a trans-European road network;
Whereas, pursuant to Article 9 (1) of Regulation (EEC) No 792/93, technically and financially discrete stages of the project have been identified for the purpose of granting assistance from the financial instrument;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (4), as last amended by Council Regulation (Euratom ECSC, EEC) No 610/90 (5), states that the legal commitments entered into for measures extending over more than one financial year shall contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas pursuant to Article 9 of Regulation (EEC) No 792/93, the Commission and the Member State will ensure that there is evaluation and systematic monitoring of the project;
Whereas the financial implementation provisions, monitoring and assessment are specified in Annexes III and IV to this Decision;
Whereas failure to comply with those provisions may result in suspension or reduction of the assistance granted pursuant to Article 9 (3) of Regulation (EEC) No 792/93;
Whereas all the other conditions laid down have been complied with,
HAS ADOPTED THIS DECISION:
Article 1
1. The stage of project Dublin ring road: Northern Cross (Stage I) situated in Ireland as described in Annex I hereto is hereby approved for the period from 1 January 1993 to 31 December 1994.
2. References to 'project' in the present decision and Annexes shall be understood to mean also 'stage of project'.
Article 2
1. The maximum eligible expenditure to be taken as the basis for this Decision shall be ECU 20 000 000.
2. The rate of Community assistance granted to the project shall be fixed at 80 %.
3. The maximum amount of the contribution from the cohesion financial instrument shall be fixed at ECU 16 000 000.
4. The contribution is committed from the 1994 budget.
Article 3
1. Community assistance shall be based on the financial plan for the project set out in Annex II.
2. Commitments and payments of Community assistance granted to the project shall be made in accordance with Article 9 of Regulation (EEC) No 792/93 and as specified in Annex III.
3. The amount of the first advance payment shall be fixed at ECU 4 000 000.
Article 4
1. Community assistance shall cover expenditure on the project for which legally binding arrangements have been made in Ireland and for which the requisite finance has been specifically allocated to works to be completed not later than 31 December 1994.
2. Expenditure incurred before 1 January 1993 shall not be eligible for assistance.
3. The closing date for the completion of national payments on the project is fixed not later than 12 months after the date mentioned in subparagraph 1.
Article 5
1. The project shall be carried out in accordance with Community policies, and in particular with Articles 7, 30, 52 and 59 of the EC Treaty, as well as with Community law, in particular with the Directives coordinating public procurement procedures.
2. This Decision shall not prejudice the right of the Commission to commence infringement proceedings pursuant to Article 169 of the EC Treaty.
Article 6
Systematic monitoring and assessment of the project take place in accordance with the provisions set out in Annex IV hereto.
Article 7
The Member State concerned shall ensure adequate publicity for the project as specified in Annex V.
Article 8
Each Annex to this Decision shall form an integral part of it.
Article 9
Failure to comply with the provisions of this Decision or its Annexes may entail a reduction or suspension of assistance in accordance with the provisions set out in Annex VI.
Article 10
This Decision is addressed to Ireland.
Done at Brussels, 14 February 1994.
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DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 December 2008
on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
(2009/80/EC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
Having regard to the Commission proposal,
Whereas:
(1)
The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.
(2)
The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.
(3)
Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.
(4)
Cyprus has submitted an application to mobilise the Fund, concerning a disaster caused by drought,
HAVE DECIDED AS FOLLOWS:
Article 1
For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 7 605 445 in commitment and payment appropriations.
Article 2
This Decision shall be published in the Official Journal of the European Union.
Done at Strasbourg, 18 December 2008.
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COUNCIL DECISION
of 2 December 2004
establishing the European Refugee Fund for the period 2005 to 2010
(2004/904/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 63(2)(b) 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),
After consulting the Committee of the Regions,
Whereas:
(1)
A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union’s objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union.
(2)
Implementation of this policy should be based on solidarity between Member States and requires the existence of mechanisms to promote a balance of effort between Member States in receiving and bearing the consequences of receiving refugees and displaced persons. To that end, a European Refugee Fund was established for the period 2000 to 2004 by Decision 2000/596/EC (3).
(3)
It is necessary to establish a European Refugee Fund (the Fund) for the period 2005 to 2010 to ensure continued solidarity between Member States in the light of recently adopted Community legislation in the field of asylum, taking account of the experience acquired when implementing the first phase of the Fund for the period 2000 to 2004.
(4)
It is necessary to support the efforts made by Member States to grant appropriate reception conditions to refugees and displaced persons and to apply fair and effective asylum procedures so as to protect the rights of persons requiring international protection.
(5)
The integration of refugees into the society of the country in which they are established is one of the objectives of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as supplemented by the New York Protocol of 31 January 1967. Such persons must be enabled to share the values set out in the Charter of Fundamental Rights of the European Union. To this end, there should be support for action by Member States to promote their social, economic and cultural integration in so far as it contributes to economic and social cohesion, the maintenance and strengthening of which is one of the Community's fundamental objectives provided for by Articles 2 and 3(1)(k) of the Treaty.
(6)
It is in the interests of both Member States and the persons concerned that refugees and displaced persons who are allowed to stay in the territory of the Member States should be given the opportunity to provide for themselves by working in accordance with the provisions of the related Community instruments.
(7)
Since measures supported by the Structural Funds and other Community measures in the field of education and vocational training are not in themselves sufficient to promote such integration, support should be given for special measures to enable refugees and displaced persons to benefit fully from the programmes which are organised.
(8)
Practical support is needed to create or improve conditions enabling refugees and displaced persons to take an informed decision to leave the territory of the Member States and return home, should they so wish.
(9)
Action involving bodies of two or more Member States and action of Community interest in this field should be eligible for support by the Fund, and exchanges between Member States should be encouraged with a view to identifying and promoting the most effective practices.
(10)
A financial reserve should be established for the implementation of emergency measures to provide temporary protection in the event of a mass influx of refugees pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (4).
(11)
With a view to establishing financial solidarity in an effective and proportionate way and taking account of the experience acquired when the Fund was implemented between 2000 and 2004, the Commission's responsibilities and those of the Member States for the implementation and management of the Fund should be delineated. Member States should designate appropriate national authorities for that purpose, the duties of which should be set out.
(12)
The support provided by the Fund will be more efficient and better targeted if co-financing of eligible actions is based on two multiannual programmes and on an annual work programme drawn up by each Member State taking into account its situation and needs.
(13)
It is fair to allocate resources proportionately to the burden on each Member State by reason of its efforts in receiving refugees and displaced persons, including refugees enjoying international protection within the framework of national programmes.
(14)
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).
(15)
Efficient monitoring is one way of ensuring that the actions supported by the Fund are effective. The conditions governing monitoring should be determined.
(16)
Without prejudice to the Commission’s responsibilities for financial control, cooperation between Member States and the Commission should be established in that regard.
(17)
Member States should provide sufficient guarantees as regards arrangements for implementation and quality of execution. The responsibility of Member States for pursuing and correcting irregularities and infringements, and the responsibility of the Commission where Member States do not comply with their obligations, should be specified.
(18)
The effectiveness and impact of actions supported by the Fund also depend on their evaluation. The responsibilities of Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation, should be clearly defined.
(19)
Actions should be evaluated with a view to a mid-term review and assessment of their impact, and the evaluation process should be incorporated into project-monitoring arrangements.
(20)
Since the objective of this Decision, namely to promote a balance of effort between Member States in receiving refugees and displaced persons, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve this objective.
(21)
In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.
(22)
In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified its wish to take part in the adoption and application of this Decision.
(23)
In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it nor subject to its application,
HAS ADOPTED THIS DECISION:
CHAPTER I
OBJECTIVES AND TASKS
Article 1
Establishment and objectives
1. This Decision establishes the European Refugee Fund (the Fund) for the period from 1 January 2005 to 31 December 2010.
2. The purpose of the Fund shall be to support and encourage the efforts made by the Member States in receiving and bearing the consequences of receiving refugees and displaced persons, taking account of Community legislation in these matters by co-financing the actions provided for by this Decision.
Article 2
Financial provisions
1. The financial reference amount for the implementation of the Fund from 1 January 2005 to 31 December 2006 shall be EUR 114 million.
2. The annual appropriations for the Fund shall be authorised by the budgetary authority within the limits of the financial perspectives.
Article 3
Groups targeted by the actions
For the purposes of this Decision the target groups shall comprise the following categories:
1.
any third-country nationals or stateless persons having the status defined by the Geneva Convention of 28 July 1951 relating to the Status of Refugees and the 1967 protocol thereto and who are permitted to reside as refugees in one of the Member States;
2.
any third-country nationals or stateless persons enjoying a form of subsidiary protection within the meaning of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (6);
3.
any third-country nationals or stateless persons who have applied for one of the forms of protection described in points 1 and 2;
4.
any third-country nationals or stateless persons enjoying temporary protection within the meaning of Directive 2001/55/EC.
Article 4
Actions
1. The Fund shall support actions in Member States relating to one or more of the following:
(a)
reception conditions and asylum procedures;
(b)
integration of persons referred to in Article 3 whose stay in the Member State is of a lasting and stable nature;
(c)
voluntary return of persons referred to in Article 3, provided they have not acquired a new nationality and have not left the territory of the Member State.
2. Actions provided for by paragraph 1 shall, in particular, promote the implementation of the provisions of the relevant existing and future Community legislation in the field of the common European asylum system.
3. Actions shall take account of the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.
Article 5
Eligible national actions relating to reception Conditions and asylum procedures
Actions relating to reception conditions and asylum procedures, and in particular the following, shall be eligible for support from the Fund:
(a)
accommodation infrastructure or services;
(b)
provision of material aid and medical or psychological care;
(c)
social assistance, information or help with administrative formalities;
(d)
legal aid and language assistance;
(e)
education, language training and other initiatives which are consistent with the status of the person;
(f)
the provision of support services such as translation and training to help improve reception conditions and the efficiency and quality of asylum procedures;
(g)
information for local communities who will be interacting with those being received in the host country.
Article 6
Eligible national actions relating to integration
Actions relating to integration into Member States' society of persons referred to in Article 4(1)(b) and members of their family, and in particular the following, shall be eligible for support from the Fund:
(a)
advice and assistance in areas such as housing, means of subsistence, integration into the labour market, medical, psychological and social care;
(b)
actions enabling recipients to adapt to the society of the Member State in socio-cultural terms, and to share the values enshrined in the Charter of Fundamental Rights of the European Union;
(c)
actions to promote durable and sustainable participation in civil and cultural life;
(d)
measures focusing on education, vocational training, recognition of qualifications and diplomas;
(e)
actions designed to promote self-empowerment and to enable these persons to provide for themselves;
(f)
actions that promote meaningful contact and constructive dialogue between these persons and the receiving society, including actions which promote the involvement of key partners such as the general public, local authorities, refugee associations, voluntary groups, social partners and the broader civil society;
(g)
measures to support the acquisition of skills by these persons, including language training;
(h)
actions that promote both equality of access and equality of outcomes in relation to these persons' dealings with public institutions.
Article 7
Eligible national actions relating to voluntary return
Actions relating to voluntary return, and in particular the following, shall be eligible for support from the Fund:
(a)
information and advisory services concerning voluntary return initiatives or programmes;
(b)
information on the situation in the country or region of origin or former habitual residence;
(c)
general or vocational training and help with reintegration;
(d)
action by communities of origin resident in the European Union to facilitate the voluntary return of the persons referred to in this Decision;
(e)
actions which facilitate the organisation and implementation of national voluntary return programmes.
Article 8
Community actions
1. In addition to the projects provided for by Articles 5, 6 and 7, at the Commission’s initiative, up to 7 % of the Fund’s available resources may be used to finance transnational actions or actions of interest to the Community as a whole concerning asylum policy and measures applicable to refugees and displaced persons as referred to in paragraph 2.
2. Eligible Community actions essentially concern the following areas:
(a)
the furthering of Community cooperation in implementing Community law and good practices;
(b)
support for the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in two or more Member States designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of asylum policy;
(c)
support for transnational awareness-raising campaigns on European asylum policy and the situation and circumstances of the persons referred to in Article 3;
(d)
support for dissemination and exchange of information, including the use of IT and communications technology, on best practices and all other aspects of the Fund.
3. The annual work programme laying down the priorities for Community actions shall be adopted in accordance with the procedure referred to in Article 11(2).
Article 9
Emergency measures
1. In the event of temporary protection mechanisms within the meaning of Directive 2001/55/EC being implemented, the Fund shall also finance measures to help the Member States, such measures being separate from, and in addition to, the actions referred to in Article 4.
2. Eligible emergency measures shall concern the following types of action:
(a)
reception and accommodation;
(b)
provision of means of subsistence, including food and clothing;
(c)
medical, psychological or other assistance;
(d)
staff and administration costs linked to the reception of persons concerned and implementation of measures;
(e)
logistical and transport costs.
CHAPTER II
IMPLEMENTATION AND MANAGEMENT PROVISIONS
Article 10
Implementation
The Commission shall be responsible for implementing this Decision and shall adopt such implementing rules as may be necessary.
Article 11
Committee procedure
1. The Commission shall be assisted by a Committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
4. The Committee shall adopt its rules of procedure.
Article 12
Respective responsibilities of the Commission and the Member States
1. The Commission shall:
(a)
adopt guidelines, in accordance with the procedure referred to in Article 11(2), for the priorities of the multiannual programmes provided for by Article 15 and shall notify the Member States of the indicative financial allocations for the Fund;
(b)
ensure, as part of its responsibility for executing the general budget of the European Union, that appropriate management and control systems are in place in the Member States and that they operate smoothly, so as to guarantee that Community funds are used properly and effectively. These measures shall include documentary and on-the-spot checks carried out on a prior basis on implementation procedures, control systems, accounting procedures and the procurement and grant allocation procedures followed by the responsible authorities. The Commission shall review procedures or systems whenever substantial changes are made;
(c)
implement the Community actions provided for by Article 8.
2. Member States shall:
(a)
be responsible for implementing national actions supported by the Fund;
(b)
take the measures needed for the effective operation of the Fund at national level, and involving all those concerned by asylum policy in accordance with national practice;
(c)
appoint a responsible authority to manage national projects supported by the Fund in accordance with the applicable Community legislation and the principle of sound financial management;
(d)
be responsible in the first instance for financial control of actions and ensure that management systems and checks are implemented in such a way as to guarantee that Community funds are used properly and effectively. They shall provide the Commission with a description of these systems;
(e)
certify that the declarations of expenditure submitted to the Commission are accurate and shall ensure that they result from accounting systems based on verifiable supporting documents;
(f)
cooperate with the Commission for the collection of the statistics needed for the implementation of Article 17.
3. In cooperation with the Member States, the Commission shall:
(a)
assume responsibility for disseminating the results of actions undertaken during the 2000 to 2004 phase of the Fund and of those to be implemented in the 2005 to 2010 phase;
(b)
ensure that appropriate information, publicity and follow-up are provided for actions supported by the Fund;
(c)
ensure that actions are cohesive with, and complementary to, other relevant Community policies, instruments and initiatives.
Article 13
Responsible authorities
1. Each Member State shall appoint a responsible authority which shall handle all communication with the Commission. The authority shall be a functional body of the Member State or a national public body. The responsible authority may delegate some or all of its implementation tasks to another public administration or a private-law body governed by the law of the Member State and which has a public-service mission. Where the Member State designates a responsible authority other than itself, it shall lay down all the arrangements governing its relations with the said authority and the latter's relations with the Commission.
2. The body designated as the responsible authority or any delegated authority shall meet the following minimum conditions:
(a)
it shall have legal personality, except where it is a functional body of the Member State;
(b)
it shall have a financial and management capacity commensurate with the volume of Community funds which it will be called upon to manage and allowing it to carry out its tasks correctly, in accordance with the rules governing the management of Community funds.
3. The responsible authorities' tasks shall include the following:
(a)
consulting with appropriate partners to establish the multiannual programme;
(b)
organising and advertising calls for tenders and proposals;
(c)
organising selection and award procedures for co-financing by the Fund in accordance with the principles of transparency and equal treatment, and taking all necessary measures to avoid any possible conflict of interests;
(d)
ensuring consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments;
(e)
administrative, contractual and financial management of actions;
(f)
information and advisory activities, as well as dissemination of results;
(g)
monitoring and evaluation;
(h)
cooperation and liaison with the Commission and the responsible authorities in the other Member States.
4. Member States shall provide the responsible authority or any delegated authority with adequate resources so that it can continue to carry out its tasks properly throughout the period of implementation of actions financed by the Fund. The implementation activities may be financed under the technical and administrative assistance arrangements referred to in Article 18.
5. Acting in accordance with the procedure referred to in Article 11(2), the Commission shall adopt rules concerning the Member States' management and control systems, including rules for the administrative and financial management of national projects co-financed by the Fund.
Article 14
Selection criteria
The responsible authority shall select projects on the basis of the following criteria:
(a)
the situation and requirements in the Member State;
(b)
the cost-effectiveness of the expenditure, in view of the number of persons concerned by the project;
(c)
the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation;
(d)
the extent to which the projects complement other action funded by the general budget of the European Union or as part of national programmes.
CHAPTER III
PROGRAMMES
Article 15
Multiannual programmes
1. Actions in the Member States shall be implemented on the basis of two multiannual programme phases, each lasting three years (2005 to 2007 and 2008 to 2010).
2. For each programme phase, on the basis of guidelines for the priorities of the multiannual programmes and indicative financial allocations provided by the Commission and provided for by Article 12(1)(a), each Member State shall propose a draft multiannual programme which includes the following elements:
(a)
a description of the current situation in the Member State as regards arrangements for reception, asylum procedures, integration and voluntary return of the persons covered by Article 3;
(b)
an analysis of requirements in the Member State in question in terms of reception, asylum procedures, integration and voluntary return and an indication of operational objectives designed to meet these requirements during the period covered by the programme;
(c)
presentation of an appropriate strategy to achieve these objectives and the priority attached to their attainment, taking account of the consultation of the partners provided for in Article 13(3)(a), and a brief description of the actions envisaged to implement the priorities;
(d)
an indication of whether this strategy is compatible with other regional, national and Community instruments;
(e)
an indicative financing plan which sets out, for each priority and each year, the Fund's proposed financial contribution and the overall amount of public or private co-financing.
3. Member States shall submit their draft multiannual programme no more than four months after the Commission has provided the guidelines and indicative financial allocations for the period in question.
4. Acting in accordance with the procedure referred to in Article 11(3), the Commission shall approve the draft multiannual programmes within three months of their receipt, in the light of the recommendations in the guidelines adopted pursuant to Article 12(1)(a).
Article 16
Annual programmes
1. The multiannual programmes approved by the Commission shall be implemented by means of annual work programmes.
2. No later than 1 July each year, the Commission shall provide Member States with an estimate of the amounts to be allocated to them for the following year from the total appropriations allocated under the annual budgetary procedure, calculated as provided by Article 17.
3. No later than 1 November each year, Member States shall submit to the Commission a draft annual programme for the following year, drawn up in accordance with the approved multiannual programme and including:
(a)
the general rules for selection of projects to be financed under the annual programme if these differ from the modalities laid down in the multiannual programme;
(b)
a description of the tasks to be carried out by the responsible authority when implementing the annual programme;
(c)
the proposed financial breakdown of the Fund's contribution between the programme's various actions and an indication of the amount requested to cover technical and administrative assistance under Article 18 for the purpose of implementing the annual programme.
4. When examining the Member State’s proposal, the Commission shall take account of the final amount of the appropriations allocated to the Fund under the budgetary procedure and shall adopt the decision on co-financing from the Fund no later than 1 March of the year in question. The decision shall indicate the amount allocated to the Member State and the period for which the expenditure is eligible.
5. In the event of significant changes affecting the implementation of the annual programme which imply a transfer of funds between actions exceeding 10 % of the total amount allocated to a Member State for the year in question, the Member State shall submit for the Commission’s approval a revised annual programme at the latest at the time of submission of the progress report referred to in Article 23(3).
Article 17
Annual breakdown of resources for actions in the Member States provided for by Articles 5, 6 and 7
1. Each Member State shall receive a fixed amount of EUR 300 000 from the Fund's annual allocation. This amount shall be fixed at EUR 500 000 per annum for 2005, 2006 and 2007 in conformity with new financial perspectives for the states which acceded to the European Union on 1 May 2004.
2. The remainder of the available annual resources shall be broken down between the Member States as follows:
(a)
30 % in proportion to the number of persons admitted in one of the categories referred to in Article 3(1) and (2) over the previous three years;
(b)
70 % in proportion to the number of persons referred to in Article 3(3) and (4) registered over the previous three years.
3. The reference figures shall be the latest statistics produced by the Statistical Office of the European Communities in accordance with Community law on the collection and analysis of asylum data.
Article 18
Technical and administrative assistance
Part of the annual co-financing allocated to a Member State may be set aside to cover expenditure on technical and administrative assistance for preparation, monitoring and evaluation of actions.
The annual amount set aside for technical and administrative assistance may not exceed 7 % of the total annual co-financing allocated to a Member State, plus EUR 30 000.
Article 19
Special provisions concerning emergency measures
1. Member States shall provide the Commission with a statement of requirements and an implementation plan for the emergency measures provided for by Article 9, including a description of the planned measures and the bodies responsible for implementing them.
2. Financial assistance from the Fund for the emergency measures provided for by Article 9 shall be limited to a period of six months and shall not exceed 80 % of the cost of each measure.
3. Available resources shall be distributed among the Member States on the basis of the number of persons benefiting from temporary protection in each Member State as referred to in Article 9(1).
4. Articles 20(1) and (2), 21 and 23 to 26 shall apply.
CHAPTER IV
FINANCIAL MANAGEMENT AND SUPERVISION
Article 20
Financing structure
1. The Fund's financial participation shall take the form of non-refundable grants.
2. Actions supported by the Fund shall be co-financed by public or private sources, shall be of a non-profit nature and shall not be eligible for funding from other sources covered by the general budget of the European Union.
3. Fund appropriations shall be complementary to public or equivalent expenditure allocated by Member States to the measures covered by this Decision.
4. The Community contribution to supported projects shall not exceed:
(a)
as regards actions implemented in the Member States under Articles 5, 6 and 7, 50 % of the total cost of a specific action. This may be increased to 60 % for particularly innovative actions, such as actions carried out by transnational partnerships or actions that involve the active participation of persons referred to in Article 3 or organisations established by these target groups, and shall be increased to 75 % in the Member States covered by the Cohesion Fund;
(b)
as regards calls for proposals within the framework of Community actions under Article 8, 80 % of the total cost of a specific action.
5. As a general rule, Community financial aid granted for actions supported by the Fund shall be given for a period of no more than three years, subject to periodic progress reports.
Article 21
Eligibility
1. Expenditure shall correspond to the payments effected by the final grant recipients. It shall be justified by receipted invoices or accounting documents of equivalent status.
2. Expenditure may be considered eligible for support from the Fund only if it is actually paid no earlier than 1 January of the year referred to in the Commission decision on co-financing referred to in Article 16(4).
3. The Commission, acting in accordance with the procedure referred to in Article 11(3), shall adopt the rules governing eligibility of expenditure within the framework of actions implemented in the Member States under Articles 5, 6 and 7 and co-financed by the Fund.
Article 22
Commitments
Community budgetary commitments shall be made annually on the basis of the Commission decision on co-financing referred to in Article 16(4).
Article 23
Payments
1. The contribution from the Fund shall be paid by the Commission to the responsible authority in accordance with budgetary commitments.
2. A first pre-financing payment representing 50 % of the amount allocated in the Commission's annual decision on co-financing by the Fund shall be made to the Member State within 60 days following the adoption of the co-financing decision.
3. A second pre-financing payment shall be made no more than three months after the Commission has approved a progress report on implementation of the annual work programme and a declaration of expenditure accounting for at least 70 % of the amount of the initial payment. The amount of the second pre-financing payment made by the Commission shall not exceed 50 % of the total amount allocated by the co-financing decision or, in any event, the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment.
4. Payment of the balance shall be made no more than three months after the Commission has approved the annual programme's final implementation report and the final declaration of expenditure provided for by Articles 24(3) and 28(2); failing that, a request for reimbursement of amounts released under the first or second payments in excess of the final expenditure approved for the Fund shall be issued within that deadline.
Article 24
Declarations of expenditure
1. For all expenditure which it declares to the Commission, the responsible authority shall provide assurance that the national implementation programmes are managed in accordance with the Community regulations applicable and that the funds are used in accordance with the principle of sound financial management.
2. Declarations of expenditure shall be certified by an individual or department operationally independent of any authorising department of the responsible authority.
3. Within nine months of the deadline laid down in the co-financing decision whereby expenditure must be effected, the responsible authority shall forward a final declaration of expenditure to the Commission. Failing that, the Commission shall automatically terminate the annual programme and release the relevant appropriations.
Article 25
Audit of accounts and financial corrections by the Member States
1. Without prejudice to the Commission’s responsibilities for implementing the general budget of the European Union, the Member States shall be take responsibility in the first instance for financial control of actions. To that end, the measures they take shall include:
(a)
organising, on the basis of an appropriate sample, checks on actions covering at least 10 % of the total eligible expenditure for each annual implementing programme and on a representative sample of approved actions. Member States shall ensure an appropriate separation between checks and implementation or payment procedures concerning actions;
(b)
preventing, detecting and correcting irregularities, notifying the Commission of them in accordance with the rules and keeping the Commission informed of the progress of administrative and judicial proceedings;
(c)
cooperating with the Commission to ensure that Community funds are used in accordance with the principle of sound financial management.
2. Member States shall make the financial corrections required where an irregularity is ascertained, having regard to whether it is an individual or a systemic case. The corrections made by the Member State shall consist in cancelling all or part of the Community contribution, and, where the amount is not repaid in the time allowed by the relevant Member State, default interest shall be due at the rate provided for by Article 26(4).
3. Acting in accordance with the procedure referred to in Article 11(3), the Commission shall adopt the rules and procedures for financial corrections made by the Member States in connection with actions implemented in the Member States under Articles 5, 6 and 7 and co-financed by the Fund.
Article 26
Audit of accounts and financial corrections by the Commission
1. Without prejudice to the powers of the Court of Auditors or the checks carried out by the Member States in accordance with national laws, regulations and administrative provisions, Commission officials or servants may carry out on-the-spot checks, including sample checks, on the operations financed by the Fund and on management and control systems with a minimum of three working days' notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or servants of the Member State concerned may take part in such checks.
The Commission may require the Member State concerned to carry out an on-the-spot check to verify the correctness of one or more transactions. Commission officials or servants may take part in such checks.
2. If, after completing the necessary verifications, the Commission concludes that a Member State is not complying with its obligations under Article 25, it shall suspend the pre-financing or final payment relating to co-financing from the Fund for the relevant annual programmes in cases where:
(a)
a Member State is not implementing the actions as agreed in the co-financing decision; or
(b)
all or part of an action justifies neither part nor the whole of the co-financing from the Fund; or
(c)
there are serious deficiencies in management and control systems that could give rise to systemic irregularities.
In those cases, the Commission shall, stating its reasons, request the Member State to submit its comments and, where appropriate, to carry out any corrections within a specified period of time.
3. At the end of the period set by the Commission, the Commission may, if no agreement has been reached and the Member State has not made the corrections, and taking account of any comments made by the Member State, decide within three months to:
(a)
reduce the pre-financing or final payments; or
(b)
make the financial corrections required by cancelling all or part of the contribution of the Fund to the actions in question.
In the absence of a decision pursuant to either (a) or (b), the payments shall immediately cease to be suspended.
4. Any sum received unduly or to be recovered shall be repaid to the Commission. If the amount owed has not been repaid by the deadline set by the Commission, it shall bear interest at the rate applied by the European Central Bank to its principal refinancing operations in euros, plus three and a half points. The reference rate to which the increase applies shall be the rate in force on the first day of the month of the final date for payment, as published in the C series of the Official Journal of the European Union.
5. The Commission, acting in accordance with the procedure referred to in Article 11(3), shall adopt rules and procedures for financial corrections made by the Commission in connection with actions implemented in the Member States under Articles 5, 6 and 7 and co-financed by the Fund.
CHAPTER V
MONITORING, EVALUATION AND REPORTS
Article 27
Monitoring and evaluation
1. The Commission shall carry out regular monitoring on the Fund in cooperation with the Member States.
2. The Fund shall be evaluated regularly by the Commission in partnership with the Member States to assess the relevance, effectiveness and impact of actions in the light of the objectives referred to in Article 1. The Commission shall also look at complementarity between the actions implemented under the Fund and those pursued under other relevant Community policies, instruments and initiatives.
Article 28
Report
1. In each Member State the responsible authority shall take the necessary measures to ensure project monitoring and evaluation.
To that end, the agreements and contracts it concludes with the organisations responsible for action implementation shall include clauses laying down an obligation to submit regular detailed progress reports on the implementation of these actions and a detailed final implementation report on the extent to which stated objectives have been achieved.
2. No more than nine months after the eligibility deadline for expenditure laid down in the co-financing decision for each annual programme, the responsible authority shall submit a final implementation report and a final declaration of expenditure to the Commission as provided for by Article 24(3).
3. Member States shall submit to the Commission:
(a)
no later than 31 December 2006, an evaluation report on the implementation of actions co-financed by the Fund;
(b)
no later than 30 June 2009 and 30 June 2012, an evaluation report on the results and impact of actions co-financed by the Fund.
4. The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:
(a)
no later than 30 April 2007, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with any proposed amendments;
(b)
no later than 31 December 2009, an intermediate evaluation report and a proposal on the Fund's future development;
(c)
no later than 31 December 2012, an ex post evaluation report.
CHAPTER VI
TRANSITIONAL PROVISIONS
Article 29
2005 to 2007 multiannual programme
By way of derogation from Article 15, the following timetable shall apply for implementation of the multiannual programme for the period 2005 to 2007:
(a)
no later than 31 January 2005, the Commission shall notify Member States of planning guidelines and shall provide an indication of the financial amounts allocated to them;
(b)
no later than 1 May 2005, Member States shall designate the national responsible authority referred to in Article 13 and shall submit the proposal for a multiannual programme for the period 2005 to 2007 referred to in Article 15;
(c)
acting in accordance with the procedure referred to in Article 11(3), the Commission shall approve the multiannual programmes no more than two months after the proposal for a multiannual programme has been received.
Article 30
2005 annual programme
By way of derogation from Article 16, the following timetable shall apply for implementation in the financial year 2005:
(a)
by 31 January 2005, the Commission shall provide Member States with an estimate of the amounts allocated to them;
(b)
Member States shall present the proposal for an annual programme referred to in Article 16 to the Commission by 1 June 2005; the proposal shall be accompanied by details of the management systems and checks which will be implemented with a view to ensuring that Community funds are used properly and effectively;
(c)
the Commission shall adopt co-financing decisions no more than two months after the draft annual programme has been presented, following verification of the aspects indicated in Article 12(1)(b).
Expenditure actually disbursed between 1 January 2005 and that date on which the co-financing decisions are adopted may qualify for support from the Fund.
CHAPTER VII
FINAL PROVISIONS
Article 31
Review
The Council shall review this Decision on the basis of a proposal from the Commission by 31 December 2010.
Article 32
Addressees
This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.
Done at Brussels, 2 December 2004.
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Commission Regulation (EC) No 1048/2001
of 30 May 2001
amending representative prices and additional duties for the import of certain products 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 2038/1999 of 13 September 1999 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 1527/2000(2),
Having regard to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses(3), as last amended by Regulation (EC) No 624/98(4), and in particular the second subparagraph of Article 1(2), and Article 3(1) thereof,
Whereas:
(1) The amounts of the representative prices and additional duties applicable to the import of white sugar, raw sugar and certain syrups are fixed by Commission Regulation (EC) No 1411/2000(5), as last amended by Regulation (EC) No 998/2001(6).
(2) It follows from applying the general and detailed fixing rules contained in Regulation (EC) No 1423/95 to the information known to the Commission that the representative prices and additional duties at present in force should be altered to the amounts set out in the Annex hereto,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and additional duties on imports of the products referred to in Article 1 of Regulation (EC) No 1423/95 shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 31 May 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 May 2001.
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COMMISSION REGULATION (EEC) No 3324/90 of 19 November 1990 opening a standing invitation to tender for 10 000 tonnes of common wheat held by the German intervention agency to be sold on the internal market for processing into malt
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1340/90 (2), and in particular Article 7 (6) thereof,
Whereas Article 3 of Council Regulation (EEC) No 1581/86 of 23 May 1986 laying down general rules for intervention of the market in cereals (3), as last amended by Regulation (EEC) No 2203/90 (4), lays down that the sale of cereals held by intervention agencies is to be effected by tendering procedure;
Whereas Article 4 of Commission Regulation (EEC) No 1836/82 of 7 July 1982 laying down the procedure and conditions for the disposal of cereals held by intervention agencies (5), as last amended by Regulation (EEC) No 2619/90 (6), allows for the imposition of restrictions on use and/or destination;
Whereas, in the present situation of the market, a feature of which is a shortage of common wheat suitable for malting, a standing invitation to tender should be opened for 10 000 tonnes of common wheat held by the German intervention agency to be sold on the internal market for processing into malt;
Whereas, moreover, as regards verification, the provisions of Commission Regulation (EEC) No 569/88 of 16 February 1988 laying down detailed rules for verifying the use and/or destination of products from intervention (7), as last amended by Regulation (EEC) No 3183/90 (8), are applicable;
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
1. The German intervention agency shall issue a standing invitation to tender for the disposal on the internal market of 10 000 tonnes of common wheat for processing into malt.
2. Without prejudice to Regulation (EEC) No 1836/82 and in particular the second subparagraph of Article 13 (4) thereof, the following special rules shall apply to this invitation to tender:
(a) tenderers shall undertake:
- to process or have processed the common wheat, except grains passing through a sieve with a 2,2 mm opening, into malt before 30 June 1991. Processing shall be deemed to have taken place when the wheat has undergone soaking, and
- to keep stock accounts showing quantities purchased and the use to which they have been put and, in the case of resale, the names and addresses of purchasers and the quantities sold;
(b) a security of ECU 15 per tonne shall be lodged by the successful tenderer with the German intervention agency to ensure that the conditions laid down in the first indent are complied with. The security shall be lodged at the latest two working days following the day on which the notification of award of the contract is received.
3. The minimum price to be observed shall be the intervention price plus ECU 3,4 per tonne.
Article 2
1. The obligations laid down in the first indent of Article 1 (2) shall be considered primary requirements as indicated in Article 20 of Commission Regulation (EEC) No 2220/85 (9). They shall be deemed to have been fulfilled only if the successful tenderer provides proof to that effect.
2. Proof of processing into malt of the cereals referred to in this Regulation shall be furnished in accordance with Regulation (EEC) No 569/88.
Article 3
The following point and footnote are added in Part II, 'Products subject to a use and/or destination other than that mentioned under I', of the Annex to Regulation (EEC) No 569/88:
'36. Commission Regulation (EEC) No 3324/90 of 19 November 1990 opening a standing invitation to tender for 10 000 tonnes of common wheat held by the German intervention agency to be sold on the internal market for processing into malt (36).
On the dispatch of the common wheat, section 104:
- Destinado a ser transformado en malta [apartado 1 del artículo 1 del Reglamento (CEE) no 3324/90]
- Bestemt til forarbejdning til malt (artikel 1, stk. 1, i forordning (EOEF) nr. 3324/90)
- Zur Verarbeitung zu Malz bestimmt (Artikel 1 Absatz 1 der Verordnung (EWG) Nr. 3324/90)
- Proorizetai na metapoiithei se vyni [arthro 1 paragrafos 1 toy kanonismoy (EOK) arith. 3324/90]
- For processing into malt (Article 1 (1) of Regulation (EEC) No 3324/90)
- Destiné à être transformé en malt [article 1er paragraphe 1 du règlement (CEE) no 3324/90]
- Destinato ad essere trasformato in malto [articolo 1, paragrafo 1 del regolamento (CEE) n. 3324/90]
- Bestemd om tot mout te worden verwerkt (artikel 1, lid 1, van Verordening (EEG) nr. 3324/90)
- Destinado a ser transformado em malte [nº 1 do artigo 1º do Regulamento (CEE) nº 3324/90].
(36) OJ No L 320, 20. 11. 1990, p. 12.'
Article 4
1. The closing date for submission of tenders for the first partial invitation to tender shall be 20 November 1990.
2. The closing date for submission for the last partial invitation to tender shall be 18 December 1990.
3. Tenders are to be submitted to the German intervention agency:
Bundesanstalt fuer landwirtschaftliche Marktordnung (BALM),
Adickesallee 40,
D-6000 Frankfurt-am-Main,
(Telex: 4-11475, 4-16044).
Article 5
The German intervention agency shall notify the Commission, at the latest by Tuesday of the week following the closing date for the submission of tenders, of the quantities and average prices of the various lots sold.
Article 6
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, 19 November 1990.
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COMMISSION REGULATION (EC) No 38/2007
of 17 January 2007
opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular Articles 40(1)(g) and 40(2)(d) thereof,
Whereas:
(1)
Article 39(1) of Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (2) provides that the intervention agencies may sell sugar only after a decision to that effect has been adopted by the Commission.
(2)
Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden have intervention stocks of sugar. In order to respond to market needs, it is appropriate to open a standing invitation to tender to make these stocks available for export.
(3)
In order to prevent any abuse associated with the re-import or re-introduction into the Community of sugar sector products that have qualified for export refunds, no export refund should be fixed for the countries of the western Balkans.
(4)
To take account of the situation on the Community market, provision should be made for the Commission to fix a maximum export refund for each partial invitation to tender.
(5)
The intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden should communicate the tenders to the Commission. The tenderers should remain anonymous.
(6)
Pursuant to Article 42(1)(d) of Regulation (EC) No 952/2006, the price to be paid by the successful tenderer should be determined by the invitation to tender.
(7)
Pursuant to Article 42(2)(e) of Regulation (EC) No 952/2006, it is appropriate to determine the period of validity of the export licences.
(8)
In order to ensure proper management of sugar in storage, provision should be made for a communication from the Member States to the Commission on the quantities actually sold and exported.
(9)
The second paragraph of Article 59 of Regulation (EC) No 952/2006 provides that Commission Regulation (EC) No 1262/2001 of 27 June 2001 laying down detailed rules for implementing Council Regulation (EC) No 1260/2001 as regards the buying-in and sale of sugar by intervention agencies (3) continues to apply to sugar accepted into intervention before 10 February 2006. However, for the resale of intervention sugar, this distinction is unnecessary and its implementation would create administrative difficulties for the Member States. It is therefore appropriate to exclude the application of Regulation (EC) No 1262/2001 to the resale of intervention sugar pursuant to this Regulation.
(10)
The quantities available for a Member State that can be awarded when the Commission fixes the maximum export refund should take into account the quantities awarded pursuant to Commission Regulation (EC) No 1039/2006 of 7 July 2006 opening a standing invitation to tender for the resale on the Community market of sugar held by the intervention agencies of Belgium, the Czech Republic, Germany, Spain, Ireland, Italy, Hungary, Poland, Slovenia, Slovakia and Sweden (4).
(11)
The Management Committee for Sugar has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden shall offer for sale by standing invitation to tender for export to all destinations excluding Albania, Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia, Kosovo and Montenegro a total quantity of 852 681 tonnes of sugar accepted into intervention and available for export. The maximum quantities involved per Member State are set out in Annex I.
Article 2
1. The period during which tenders may be submitted in response to the first partial invitation to tender shall begin on 19 January 2007 and shall end on 24 January 2007 at 15.00, Brussels time.
The periods during which tenders may be submitted in response to the second and subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 15.00, Brussels time:
-
on 7 and 21 February 2007,
-
on 7 and 28 March 2007,
-
on 18 and 25 April 2007,
-
on 9 and 23 May 2007,
-
on 13 and 27 June 2007,
-
on 11 and 18 July 2007,
-
on 8 and 29 August 2007,
-
on 12 and 26 September 2007.
2. Tenders shall be lodged with the intervention agency holding the sugar as set out in Annex I.
Article 3
The intervention agencies concerned shall communicate to the Commission tenders submitted within two hours after the expiry of the deadline for the submissions laid down in Article 2(1).
The tenderers shall not be identified.
Tenders submitted shall be communicated in electronic form according to be the model laid down in Annex II.
When no tenders are submitted, the Member State shall communicate this to the Commission within the same time limit.
Article 4
1. The Commission shall fix a maximum export refund for white sugar and for raw sugar or decide not to accept the tenders in accordance with the procedure referred to in Article 39(2) of Regulation (EC) No 318/2006.
2. The available quantity for a lot shall be reduced by the quantities awarded the same day for that lot by Regulation (EC) No 1039/2006.
Where an award at a maximum export refund set pursuant to paragraph 1 would result in that reduced available quantity for a lot being exceeded, that award shall be limited to that reduced available quantity.
Where awards for a Member State to all tenderers offering the same export refund for one lot would result in that reduced available quantity for that lot being exceeded, that reduced available quantity shall be awarded as follows:
(a)
by division among the tenderers concerned in proportion of the total quantities in each of their tenders; or
(b)
by apportionment among the tenderers concerned by reference to a maximum tonnage fixed for each of them; or
(c)
by drawing of lots.
3. The price to be paid by the successful tenderer in accordance with article 42(1)(d) of Regulation (EC) No 952/2006 shall be EUR 632 per tonne for white sugar and EUR 497 per tonne for raw sugar.
Article 5
1. Export licence applications and licences shall contain in box 20 one of the entries listed in Annex III.
2. Export licences issued in connection with a partial invitation to tender shall be valid from the day of issue until the end of the fifth calendar month following that in which the partial invitation was issued.
Article 6
1. On the fifth working day at the latest after the Commission fixes the maximum export refund, the intervention agencies involved shall communicate to the Commission, in the form laid down in Annex IV, the exact quantity sold by partial invitation to tender.
2. Not later than the end of each calendar month in respect of the preceding calendar month, Member States shall notify to the Commission the quantities of sugar of the export licences returned to the competent authorities and the corresponding quantities of sugar exported, taking account of the tolerances permitted by Article 8(4) and (5) of Commission Regulation (EC) No 1291/2000 (5).
Article 7
By way of derogation from the second paragraph of Article 59 of Regulation (EC) No 952/2006, that Regulation shall apply to the resale, as referred to in Article 1 of this Regulation, of sugar accepted into intervention before 10 February 2006.
Article 8
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, 17 January 2007.
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COMMISSION REGULATION (EC) No 1735/2004
of 5 October 2004
establishing unit values for the determination of the customs value of certain perishable goods
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),
Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 (2), and in particular Article 173(1) thereof,
Whereas:
(1)
Articles 173 to 177 of Regulation (EEC) No 2454/93 provide that the Commission shall periodically establish unit values for the products referred to in the classification in Annex 26 to that Regulation.
(2)
The result of applying the rules and criteria laid down in the abovementioned Articles to the elements communicated to the Commission in accordance with Article 173(2) of Regulation (EEC) No 2454/93 is that unit values set out in the Annex to this Regulation should be established in regard to the products in question,
HAS ADOPTED THIS REGULATION:
Article 1
The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.
Article 2
This Regulation shall enter into force on 8 October 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 October 2004.
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COUNCIL REGULATION (EEC) No 470/93 of 25 February 1993 temporarily suspending the autonomous Common Customs Tariff duty and the agricultural levy on, and opening and providing for the administration of a Community tariff quota for, certain mixtures of malt sprouts and barley screenings
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the products referred to in Article 1 have been imported, free of duty and for several years, from the United States into the Community, and classified under CN code 2303 30 00;
Whereas Commission Regulation (EEC) No 3802/92 (1) has recently classified the products in question under CN code 2309 90 31 or under CN code 2309 90 41, as appropriate, which provide for collection of the levy;
Whereas it is appropriate to adopt measures to avoid a sudden disturbance to trade in the products in question, for the period from 1 January 1992 to 31 March 1993;
Whereas, for the period from 1 January to 31 December 1992, collection of the Common Customs Tariff duties and the agricultural levies for the goods in question should be suspended;
Whereas, in order to avoid any undue increase in the quantities imported free of duty, it is appropriate to open a duty-free tariff quota of 35 000 tonnes for the period from 1 January to 31 March 1993;
Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said quota and to guarantee the uninterrupted application of the exoneration from collection of the duties to all imports of the products concerned into all Member States until the quota has been used up;
Whereas the decision to open autonomous suspensions and tariff quotas should be taken by the Community; whereas, to ensure the efficiency of a common administration of this quota, there is, however, no obstacle to authorizing the Member States to draw from the quota volume the necessary quantities corresponding to actual imports; whereas this method of administration nevertheless requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within, and jointly represented by, the Benelux Economic Union, all transactions concerning the administration of the quotas may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January to 31 December 1992, the customs duties and agricultural levies applicable to imports of the products listed below shall be suspended:
ex 2309 90 31 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein ex 2309 90 41 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein and not more than 18 % of starch (1) Taric codes: ex 2309 90 31 * 10
ex 2309 90 41 * 30
Article 2
From 1 January to 31 March 1993, the customs duties and the agricultural levies applicable to imports of the products listed below shall be suspended, within the limits of a Community tariff quota of 35 000 tonnes:
09.2901 ex 2309 90 31 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein ex 2309 90 41 Preparation consisting of a mixture of malt sprouts and barley screenings before the malting process (possibly including other seeds) with barley cleanings after the malting process, and containing by weight 15,5 % or more of protein and not more than 18 % of starch (1) Taric codes: ex 2309 90 31 * 10
ex 2309 90 41 * 30
Article 3
The tariff quota referred to in Article 2 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that it is managed efficiently.
Article 4
Where an importer presents a product covered by Article 2 for release for free circulation in a Member State, applying to take advantage of the preferential arrangements, and the entry is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the appropriate quota volume.
Requests for drawings, indicating the date on which the entries were accepted, must be sent to the Commission without delay.
Drawings shall be granted by the Commission in chronological order of the dates on which the customs authorities of the Member States concerned accepted the entries for release for free circulation, to the extent that the available balance so permits.
If a Member State does not use a drawing in full, it shall return any unused portion to the corresponding quota volume as soon as possible.
If the quantities requested are greater than the available balance of the quota volume, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made.
Article 5
Each Member State shall ensure that importers of the products listed in Article 2 have equal and continuous access to the quotas for as long as the balance of the relevant quota volume so permits.
Article 6
The Member States and the Commission shall cooperate closely to ensure that Articles 2 to 5 are complied with.
Article 7
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 1
shall be applicable from 1 January 1992 and Article 2 shall be applicable from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 1993.
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*****
COUNCIL REGULATION (EEC) No 789/89
of 20 March 1989
instituting specific measures for nuts and locust beans and amending Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas the situation on the market for nuts, that is essentially that for almonds, hazelnuts or filberts, walnuts and pistachios, is markedly out of step with technical and commercial requirements from the point of view of both technical production conditions, which are typified by a large number of small holdings and a low level of mechanization, leading in turn to low productivity and high costs, and marketing conditions;
Whereas the same situation is a feature of locust bean cultivation; whereas, in certain regions of the Community, such cultivation is closely linked to orchards producing nuts and may be amalgamated with nut cultivation to constitute one homogenous plantation; whereas therefore the measures introduced for nuts should be extended to cover locust beans;
Whereas the formation of producers' organizations, placing an obligation on their members to comply with rules adopted by the organizations in order to improve product quality and to adapt the volume of supply to market requirements, would be a suitable way of remedying the said structural deficiencies; whereas provisions for facilitating the formation and operation of such organizations should be adopted;
Whereas an incentive of this kind can be provided in the first instance by granting a flat-rate aid for the formation of these organizations which would be paid at the end of the first and second marketing year following the date of an organization's specific recognition by the appropriate Member State, and in addition to the aid provided for in Article 14 of Regulation (EEC) No 1035/72 (2), as last amended by Regulation (EEC) No 2238/88 (3); whereas provisions should be made for the Community to co-finance this scheme by paying 50 % of the aid granted by the Member State;
Whereas, in order to allow producers' organizations which produce and market nuts and/or locust beans to concentrate supplies, to stagger the release on to the market of their products, particularly by creating the appropriate storage capacity, and to improve product quality, the creation of revolving funds for these organizations should be encouraged; whereas such an incentive could be provided by financial contributions from the Member State and from the Community to setting up such revolving funds, with a ceiling determined with reference to the value of the products marketed by the producers' organizations over a given marketing year;
Whereas in the interests of further encouraging producers who are members of an organization to modernize their orchards in order to meet market requirements, the granting of aid for the formation of an organization and for the creation of a revolving fund should be made conditional on presentation of a quality and marketing improvement plan which must be approved by the national authorities designated by the Member States; whereas, in order to be consistent with the aims of the scheme, this plan must seek primarily to bring about a genetic and cultural improvement of products grown in plantations which are given over to producing one homogenous product and are not scattered among other plantations; whereas a specific aid should be granted for the drawing up of such a plan and should be co-financed by the Member States and the Community; whereas the level of the aid should nevertheless be restricted and the aid itself temporary and degressive to allow a progressive shift of financial responsibility on to the producers;
Whereas, in the interests of bringing the products to the attention of all existing and potential users, promoting marketing which is in line with market needs and giving impetus to the activity of nut producers' organizations, provision should be made for the Community to contribute to the financing of measures to develop and improve the consumption and use of these products;
Whereas it is appropriate to include locust beans among the products covered by the common organization of the market in fruit and vegetables and to amend Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organization of the markets in certain products listed in Annex II to the Treaty (4), as last amended by Regulation (EEC) No 3911/87 (5),
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1035/72 is hereby amended as follows:
1. The following is added to Article 1 (2):
1.2 // // // 'CN code // Description // // // 1212 10 10 // Locust beans' // //
2. The following indent is added to the first subparagraph of Article 1 (3):
'- nuts, fresh or dried, and locust beans from 1 September to 31 August.'
3. The following Title is inserted:
'TITLE IIa
Specific measures for nuts and locust beans
Article 14a
The measures provided for by this Title shall apply to:
- almonds falling within CN codes 0802 11 90 and 0802 12 90,
- hazelnuts or filberts falling within CN codes 0802 21 00 and 0802 22 00,
- walnuts falling within CN codes 0802 31 00 and 0802 32 00,
- pistachios falling within CN code 0802 50 00,
- locust beans falling within CN code 1212 10 10.
Article 14b
1. Without prejudice to Article 14, Member States shall grant an additional flat-rate aid, as an incentive to formation, to producers' organizations whose economic activity centres on the production and marketing of nuts and/or locust beans and which have presented a quality and marketing improvement plan approved by the competent national authorities pursuant to Article 14d.
The aid shall be granted to producers' organizations recognized by the competent national authority under the provisions of this Article.
2. The level of the aid referred to in paragraph 1 shall be calculated according to the quantity of nuts and/or locust beans marketed by the producers' organization during the first marketing year which follows the date of its specific recognition, as referred to in paragraph 1. A single amount of aid shall be fixed for each quantity tranche. The aid shall be paid at the end of the first and second marketing years which follow recognition.
The aid granted shall be refunded by the European Agricultural Guidance and Guarantee Fund, Guidance Section, at a rate of 50 %.
3. The Member States shall notify to the Commission details of the producers' organizations recognized under this Article, giving their membership figures and the quantities marketed by each during the first marketing year.
4. The Council, acting by a qualified majority on a proposal from the Commission, shall determine the size of the tranches referred to in paragraph 2 and the amount of aid to apply within the span of each tranche.
Article 14c
1. Member States shall grant a specific aid to producers' organizations which set up a revolving fund in accordance with this Article and which have presented a quality and marketing improvement plan approved by the competent national authorities pursuant to Article 14d.
2. The revolving fund shall be used to stabilize supply by providing funding for the storage needed to allow an appropriate timing of sales on the market, and to permit an improvement in packaging in the interests of better marketing. The producers' organization shall use the fund in particular to finance storage, sorting, cracking and packaging.
3. The specific aid shall be paid once only, subject to the fund being financed as follows:
- 45 % by the producers' organization,
- 10 % by the Member State.
The Community contribution shall be 45 % of the capital of the fund. However, the overall financial commitment of the Member State and the Community may not exceed 16,5 % of the value of the production marketed by the producers' organization in one marketing year.
Article 14d
1. Producers' organizations shall qualify for the aid provided for in Articles 14b and 14c provided they present a quality and marketing improvement plan approved by the competent authorities of the appropriate Member State.
The plan referred to in the first subparagraph shall have as its primary aim the improvement, by means of varietal conversion or cultural improvement, of the quality of produce from orchards which are given over to producing one homogenous crop and are not scattered among other plantations and, where needed, the improvement of marketing. It shall implement the types of measures adopted according to the procedure referred to in Article 33. 2. The approved plan shall qualify for Community aid of 45 % for its execution provided it is funded to a level of 45 % by the producers' organizations and a level of 10 % by the Member State.
Funding from the Member State and aid from the Community shall nevertheless be subject to a ceiling. The ceiling shall be determined on the basis of the area of a crop which is not scattered among other plantations and on the basis of a maximum amount per hectare.
Funding from the Member State and aid from the Community shall be paid over a period of 10 years. The maximum level shall progressively decrease.
3. Acting by a qualified majority on a proposal from the Commission, the Council shall fix:
- the maximum amount per hectare imposed on funding from the Member State and aid from the Community,
- the rate at which funding from the Member State and aid from the Community shall decrease.
4. Member States shall forward to the Commission the plans submitted to them by the producers' organizations. These plans may be approved by the competent authority of the Member State only after they have been forwarded to the Commission, and once a 60-day period, during which the Commission may request changes or rejection, has elapsed.
Article 14e
1. The Community shall provide 50 % of the funding for measures aimed at developing and improving the consumption and use of nuts and/or locust beans in the Community.
2. The measures referred to in paragraph 1 shall have as their aim:
- to promote product quality, particularly by means of market research and research into new product uses, including ways to adapt the products to the findings of this research,
- the development of new packaging methods,
- the dissemination of marketing advice to the various economic operators in the sector,
- organization of, and participation in, trade fairs and other events.
3. Following the procedure referred to in Article 33, the Commission shall give details of the measures referred to in paragraph 2 or shall define new measures.
Article 14f
1. The aid provided for in Articles 14c, 14d and 14e shall be deemed to be intervention intended to stabilize the agricultural markets within the meaning of Article 3 (1) of Regulation (EEC) No 729/70 (1), as last amended by Regulation (EEC) No 2048/88 (2).
2. As regards the aid referred to in pargraph 1, the Commission may, at the request of the interested Member State and in accordance with the procedure provided for in Article 13 of Regulation (EEC) No 729/70, decide to pay an initial part of allocations on the basis of the quality and marketing improvement plans approved by the Member States.
Article 14g
The Commission shall, in accordance with the procedure provided for in Article 33, adopt detailed rules for the application of this Title. These rules shall include measures of a kind which will enable use of the financial contribution provided by the Community to be monitored.
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 185, 15. 7. 1988, p. 1.'
4. In Annex I, under the heading 'fruit', the following is added:
'almonds, hazelnuts or filberts and walnuts'.
Article 2
In the Annex to Regulation (EEC) No 827/68 the line which refers to locust beans falling within CN code 1212 10 10 is deleted.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 September 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 1989.
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Directive 2003/102/EC of the European Parliament and of the Council
of 17 November 2003
relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle and amending Council Directive 70/156/EEC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee(1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),
Whereas:
(1) In order to reduce the number of road accident casualties in the Community, it is necessary to introduce measures so as to improve the protection of pedestrians and other vulnerable road users before and in the event of a collision with the front of a motor vehicle.
(2) A package of passive and active measures for improving safety (avoidance of accidents and reduction of secondary effects by traffic calming and infrastructure improvements) for vulnerable road users, such as pedestrians, cyclists and motorcyclists, is urgently needed in the framework of the road safety action programme.
(3) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured and to that end a Community type-approval system for motor vehicles is in place; the technical requirements for the type-approval of motor vehicles with regard to pedestrian protection should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market.
(4) Pedestrian protection objectives can be achieved by a combination of active and passive safety measures; the recommendations by the European Enhanced Vehicle-Safety Committee (EEVC) of June 1999 are the subject of a wide consensus in this area; those recommendations propose performance requirements for the frontal structures of certain categories of motor vehicles to reduce their aggressiveness; this Directive presents tests and limit values based on the EEVC recommendations.
(5) The Commission should examine the feasibility of extending the scope of this Directive to vehicles with a maximum mass of up to 3,5 tonnes, and report its findings to the European Parliament and to the Council.
(6) This Directive should be considered as one element of a broader package of measures, to be undertaken by the Community, the industry and the relevant authorities of the Member States, on the basis of exchanges in best practice, in order to address pre-crash (active), in-crash (passive), and post-crash safety of pedestrians and other vulnerable road users, with respect to road users, vehicles and infrastructure.
(7) In view of the speed of technological development in this area, alternative measures at least equivalent in terms of actual effectiveness to the requirements of this Directive - either passive or a combination of active and passive measures - may be proposed by the industry and shall be assessed following a feasibility study carried out by independent experts by 1 July 2004; the introduction of alternative measures at least equivalent in terms of actual effectiveness would require adapting or amending this Directive.
(8) Because of the ongoing research and technical progress in the area of pedestrian protection, it is appropriate to introduce a degree of flexibility in this field. Accordingly, this Directive should establish the fundamental provisions regarding pedestrian protection in the form of tests to be complied with by new types of vehicles and by new vehicles. The technical prescriptions for the application of such tests should be adopted by Commission decision.
(9) The rapidly advancing technology in active safety means that collision mitigation and avoidance systems could provide major safety benefits, for example in reducing collision speed and adjusting impact direction. The development of such technologies should be encouraged by this Directive.
(10) The associations representing the European, Japanese and Korean motor vehicle manufacturers have made commitments to start applying the EEVC recommendations concerning limit values and tests, or agreed alternative measures of at least equivalent effect, as from 2010, and a first set of limit values and tests as from 2005 to new types of vehicles and to apply the first set of tests to 80 % of all new vehicles as from 1 July 2010, to 90 % of all new vehicles as from 1 July 2011 and to all new vehicles as from 31 December 2012.
(11) This Directive should also contribute to establishing a high level of protection in the context of the international harmonisation of legislation in this area, which started under the 1998 Agreement of the UN/ECE concerning the establishment of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles.
(12) This Directive is one of the separate Directives which have to be complied with in order to conform to the EC type-approval procedure established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(3).
(13) Directive 70/156/EEC should therefore be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to the frontal surfaces of vehicles. For the purpose of this Directive, "vehicle" means any motor vehicle as defined in Article 2 of and Annex II to Directive 70/156/EEC, of category M1, of a maximum mass not exceeding 2,5 tonnes, and N1 derived from M1, of a maximum mass not exceeding 2,5 tonnes.
2. The purpose of this Directive is to reduce injuries to pedestrians and other vulnerable road users who are hit by the frontal surfaces of the vehicles defined in paragraph 1.
Article 2
1. With effect from 1 January 2004 no Member State may, on grounds relating to pedestrian protection:
- refuse, in respect of a type of vehicle, to grant EC type-approval, or national type-approval, or
- prohibit the registration, sale or entry into service of vehicles,
provided that the vehicles comply with the technical provisions set out in section 3.1. or 3.2. of Annex I.
2. With effect from 1 October 2005, Member States shall no longer grant:
- EC type-approval, or
- national type-approval,
except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for any type of vehicle on grounds relating to pedestrian protection if the technical provisions set out in section 3.1. or 3.2. of Annex I are not complied with.
3. Paragraph 2 shall not apply to vehicles which do not differ with respect to their essential aspects of bodywork construction and design forward of the A pillars from vehicle types which have been granted EC type-approval or national type-approval before 1 October 2005 and which have not already been approved under this Directive.
4. With effect from 1 September 2010, Member States shall no longer grant:
- EC type-approval, or
- national type-approval,
except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked, for any type of vehicle on grounds relating to pedestrian protection if the technical provisions set out in section 3.2. of Annex I to this Directive are not complied with.
5. With effect from 31 December 2012, Member States shall:
- consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and
- prohibit the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC,
on grounds relating to pedestrian protection if the technical provisions set out in section 3.1. or 3.2. of Annex I are not complied with.
6. With effect from 1 September 2015, Member States shall:
- consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and
- prohibit the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC,
on grounds relating to pedestrian protection if the technical provisions set out in section 3.2. of Annex I are not complied with.
Article 3
Subject to the provisions of Article 2, Member States shall ensure that the tests laid down in section 3.1. or 3.2. of Annex I are carried out in accordance with the technical prescriptions to be specified by Commission decision.
Article 4
Every month the approval authorities of the Member States shall each send to the Commission a copy of the type-approval certificate, the model for which is set out in Appendix 2 to Annex II, in respect of each vehicle they have approved in accordance with this Directive during that month.
Article 5
1. The Commission, acting on the basis of relevant information communicated by the approval authorities and interested parties as well as of independent studies, shall monitor the progress made by the industry in the area of pedestrian protection, and shall carry out, by 1 July 2004, an independent feasibility assessment concerning the provisions of Annex I, section 3.2, and in particular alternative measures - either passive or a combination of active and passive measures - which are at least equivalent in terms of actual effectiveness. The feasibility study shall be based, inter alia, on practical tests and independent scientific studies.
2. If, as a result of the feasibility assessment referred to in paragraph 1, it is considered necessary to adapt the provisions of Annex I, section 3.2, to include a combination of passive and active measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, the Commission shall submit a proposal to the European Parliament and the Council to amend this Directive accordingly.
3. As long as adaptation of this Directive is restricted to the introduction of alternative passive measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, such adaptation may be carried out by the Committee for Adaptation to Technical Progress, in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
4. Before 1 April 2006, and every two years thereafter, the Commission shall report to the European Parliament and the Council on the results of the monitoring referred to in paragraph 1.
Article 6
Directive 70/156/EEC is hereby amended as follows:
1. The following points shall be inserted in Annex I:
"9.23. Pedestrian protection
9.23.1. A detailed description, including photographs and/or drawings, of the vehicle with respect to the structure, the dimensions, the relevant reference lines and the constituent materials of the frontal part of the vehicle (interior and exterior) shall be provided. This description should include detail of any active protection system installed."
2. The following points shall be inserted in Section A of Annex III:
"9.23. Pedestrian protection
9.23.1. A detailed description, including photographs and/or drawings, of the vehicle with respect to the structure, the dimensions, the relevant reference lines and the constituent materials of the frontal part of the vehicle (interior and exterior) shall be provided. This description should include detail of any active protection system installed."
3. The following item 58 and footnotes shall be inserted in Part I of Annex IV:
TABLE "
4. Annex XI shall be amended as follows:
- the following item 58 shall be inserted in Appendix 1:
TABLE "
- the following item 58 shall be inserted in Appendix 2:
TABLE "
- the following item 58 shall be inserted in Appendix 3:
TABLE "
Article 7
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2003 at the latest. They shall forthwith inform the Commission thereof.
They shall apply these measures with effect from 1 January 2004.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 8
This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 9
This Directive is addressed to the Member States.
Done at Brussels, 17 November 2003.
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Council Decision
of 24 September 2001
on the signing and conclusion on behalf of the European Community of the International Coffee Agreement 2001
(2001/877/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(1), thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The International Coffee Council approved the text of the International Coffee Agreement 2001 by Resolution No 393 of 28 September 2000.
(2) This new Agreement has been negotiated to replace the International Coffee Agreement 1994 which was extended to 30 September 2001.
(3) The International Coffee Agreement 2001 is open for signature and deposit of the instruments of ratification, acceptance or approval up to 25 September 2001.
(4) The Community is a member of the 1994 International Agreement, as extended, and it is therefore in its interest to approve the agreement which replaces it.
(5) Notwithstanding the exclusive Community competence in this matter, and in order to avoid certain temporary operational difficulties, it is appropriate to authorise the Member States to conclude the Agreement at the same time as the Community and to participate on a temporary basis in the new arrangement.
(6) Member States should ensure that the Community's participation in the Agreement is regularised in accordance with the applicable Treaty provisions,
HAS DECIDED AS FOLLOWS:
Article 1
The International Coffee Agreement 2001 is hereby approved on behalf of the European Community.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is authorised to designate the person authorised to sign the Agreement and deposit the instrument of approval on behalf of the Community by 25 September 2001.
Article 3
The Community and the Member States shall ensure that, within a year from its entry into force, the provisions of the International Coffee Agreement which create operational difficulties for the sole Community membership are amended.
Done at Brussels, 24 September 2001.
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Commission Regulation (EC) No 214/2001
of 12 January 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 amended by Regulation (EC) No 1040/2000(2), and in particular Article 10 thereof,
Whereas:
(1) Regulation (EC) No 1255/1999 replaced Council Regulation (EEC) No 804/68(3) and also, inter alia, Council Regulation (EEC) No 777/87(4) dealing with the buying-in arrangements for butter and skimmed-milk powder. In view of those new arrangements and in the light of the experience gained, the detailed rules governing intervention on the market in skimmed-milk powder should be amended. In the interests of clarity, therefore, the recasting of the specific regulations which previously governed the various aspects of intervention, namely Commission Regulations (EEC) No 2213/76 of 10 September 1976 on the sale of skimmed-milk powder from public storage(5), as last amended by Regulation (EC) No 2080/96(6), (EEC) No 1362/87 of 18 May 1987 laying down detailed rules for the application of Regulation (EEC) No 777/87 with respect to the buying-in and the granting of aid for the private storage of skimmed-milk powder(7), as last amended by Regulation (EC) No 569/96(8), (EEC) No 1158/91 of 3 May 1991 on the buying-in by tender of skimmed-milk powder to intervention agencies(9), as last amended by Regulation (EC) No 124/1999(10), and (EC) No 322/96 of 22 February 1996 laying down detailed rules of application for the public storage of skimmed-milk powder(11), as last amended by Regulation (EC) No 419/98(12), should be undertaken and their provisions should be brought together in a single regulation.
(2) The intervention agencies may only buy in skimmed-milk powder which meets the requirements laid down in Article 7(1) of Regulation (EC) No 1255/1999 as well as the conditions of quality and presentation, which need to be defined. The methods of analysis and detailed rules governing quality control should also be specified and, if the situation so requires, provision should be made for checks of the radioactivity in skimmed-milk powder, the maximum levels of which need to be established, where appropriate, by Community legislation.
(3) To ensure that the intervention arrangements function smoothly, it is necessary to specify the conditions for the approval of manufacturing undertakings and verification of compliance therewith. To ensure that the arrangements are effective, provision should be made for action to be taken if these conditions are not complied with. Since skimmed-milk powder may be bought in by an intervention agency belonging to a Member State other than that on whose territory it was produced, the intervention agency which does the buying-in should be able to verify that the conditions relating to quality and presentation are complied with in such cases.
(4) Failure to comply with such requirements should not burden the Community budget; non-compliant skimmed-milk powder should therefore be taken back by the operator, who should be made to bear the storage costs incurred.
(5) The minimum quantity offered for sale should be specified. Offers should be accompanied by a security, in order to guarantee that the offer will be maintained and that the skimmed-milk powder will be delivered within the time limits to be laid down.
(6) Under Article 7 of Regulation (EC) No 1255/1999, intervention agencies may buy in only skimmed-milk powder which has a minimum protein content. Furthermore, the buying-in price may vary according to the protein content. The method for calculating the buying-in price should be defined.
(7) Member States' obligations should be specified with a view to the proper management of stocks in storage, by stipulating a maximum distance for the place of storage and the costs to be borne when that distance is exceeded, and requiring, in particular, that stocks be accessible, that batches be identified and that skimmed-milk powder in storage be insured against risks. In order to ensure a uniform frequency and level of checks, it is necessary to specify the nature and number of inspections of storage premises to be performed by the national authorities. Since intervention agencies are bound by existing contracts for the current storage period, provision should be made whereby the new requirements to be met by storage depots regarding entry into and removal from storage will apply only to quantities of skimmed-milk powder bought into intervention from 1 September 2000.
(8) Under Article 7(2) of Regulation (EC) No 1255/1999, the buying-in of skimmed-milk powder may be suspended as soon as the quantities offered for intervention in the period from 1 March to 31 August each year exceed 109000 tonnes. When that occurs, buying-in may be performed under a standing invitation to tender, the detailed rules for which need to be laid down. The components of the tender, particularly the minimum quantity, the time limits for submission and the maximum buying-in price should be defined. To ensure compliance with the requirements as to the quality and presentation of the skimmed-milk powder at the time of the tender and after entry into storage, tenderers should be required to submit a written undertaking to that effect, together with their tender. A security should also accompany a tender, in order to guarantee that the tender will be maintained after the closing date for submission of tenders and that the skimmed-milk powder will be delivered within certain deadlines to be laid down. Furthermore, the method used for calculating the buying-in price by reference to the protein content of the skimmed-milk powder bought in should be defined.
(9) Proper management of intervention stock requires the skimmed-milk powder to be resold as soon as outlets become available. To ensure equal access to skimmed-milk powder for sale, all interested parties should be able to buy. In order not to destabilise the market, the selling price should be fixed having regard to the market situation. Conditions for sale, entailing the lodging of a performance bond, should be laid down, particularly as regards the taking-over of the skimmed-milk powder and the time limits for payment. In order to monitor the situation of stocks, Member States should inform the Commission of the quantities of skimmed-milk powder sold.
(10) Article 7(3) of Regulation (EC) No 1255/1999 provides for aid to be granted for the private storage of skimmed-milk powder. To ensure that the arrangements can be monitored properly, provision should be made for a contract and a set of specifications regarding storage conditions. For the same reason, detailed rules should also be laid down regarding documentation, accounting and the frequency of checks and inspection procedures, particularly in respect of the requirements laid down in Article 7(3). To facilitate checks on the presence of products stored under private storage contracts, there should be provision for them to be removed from storage in lots unless the Member State authorises removal of a smaller quantity.
(11) 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:
CHAPTER I
SCOPE
Article 1
This Regulation lays down the detailed rules for intervention on the market in skimmed-milk powder as provided for in Article 7 of Regulation (EC) No 1255/1999, as regards:
(a) buying-in at the intervention price;
(b) buying-in under a standing invitation to tender;
(c) the sale at a fixed price of skimmed-milk powder from public storage;
(d) the grant of private storage aid.
CHAPTER II
PUBLIC STORAGE
Section 1
Conditions for buying-in
Article 2
1. The intervention agencies shall buy in only skimmed-milk powder which complies with the first and second subparagraphs of Article 7(1) of Regulation (EC) No 1255/1999 and paragraphs 2 to 7 of this Article and which is offered for intervention in the period from 1 March to 31 August.
2. The competent authorities shall check the quality of skimmed-milk powder using the analytical methods set out in Annex I on the basis of samples taken in accordance with the rules set out in Annex III. The checks must establish that the skimmed-milk powder does not contain other products, in particular buttermilk or whey, as defined in Annex I.
However, if the Commission so agrees, Member States may set up a system of self-checking under their own supervision for certain quality requirements and certain approved undertakings.
3. Radioactivity levels in the skimmed-milk powder may not exceed the maximum levels permitted, where applicable, under Community rules.
The level of radioactive contamination of the product shall be monitored if the situation so requires and during the period necessary only. Where necessary, the duration and scope of checks shall be determined in accordance with the procedure laid down in Article 42 of Regulation (EC) No 1255/1999.
4. The skimmed-milk powder must have been manufactured during the 30 days preceding the day on which the intervention agency received the offer to sell. If the skimmed-milk powder is stored in silos, it must have been manufactured during the four weeks preceding the week during which the offer was received.
5. The minimum quantity offered for sale shall be 20 tonnes. Member States may require skimmed-milk powder to be offered by the complete tonne only.
6. The skimmed-milk powder shall be put up in bags of a net weight of 25 kg meeting the requirements laid down in Annex II and showing the following particulars, where appropriate in code:
(a) the approval number identifying the factory and the Member State of manufacture;
(b) the date or, where appropriate, the week of manufacture;
(c) the number of the manufacturing batch;
(d) the description "spray skimmed-milk powder".
7. The skimmed-milk powder shall be delivered on pallets suitable for long-term storage:
If delivery is on expendable pallets, the buying-in price of the skimmed-milk powder shall cover purchase of the pallet.
If delivery is on EUR palettes or palettes of a comparable quality, they shall be returned to the seller or exchanged against equivalent palettes not later than on removal from storage.
Article 3
1. Undertakings as referred to in Article 7(1) of Regulation (EC) No 1255/1999 shall be approved only if they:
(a) are approved in accordance with Article 10 of Council Directive 92/46/EEC(13), and have the appropriate technical equipment;
(b) undertake to keep permanent records in the form determined by the competent agency of each Member State, listing the origin of the raw materials, the quantities of skimmed-milk powder, buttermilk and whey obtained and the market preparation, identification and exit date of each batch of skimmed-milk powder, buttermilk and whey;
(c) agree to submit their production of skimmed-milk powder liable to be offered for intervention to a specific official inspection;
(d) undertake to inform the body responsible for inspection, at least two working days in advance, of their intention to manufacture skimmed-milk powder for public intervention; however, the Member State may set a shorter time limit.
2. To ensure compliance with this Regulation, the competent authorities shall carry out unannounced on-the-spot inspections, on the basis of the intervention skimmed-milk powder production schedule of the undertakings concerned.
They shall carry out at least:
(a) one inspection per period of 28 days of manufacture for intervention, with at least one inspection every six months, to examine the records referred to in paragraph 1(b);
(b) one inspection every six months, to verify compliance with the other approval requirements referred to in paragraph 1.
3. Approval shall be withdrawn if the prior requirements laid down in paragraph 1(a) are no longer satisfied. Approval may be reinstated after no less than six months, at the request of the undertaking concerned, following an in-depth inspection.
Where an undertaking is found not to have complied with one of its undertakings as referred to in paragraph 1(b), (c) and (d), except in cases of force majeure, approval shall be suspended for a period of between 1 and 12 months, depending on the seriousness of the irregularity.
A Member State shall not impose the said suspension where it finds that the irregularity was not committed deliberately or as a result of serious negligence and that it is of minimal importance in terms of the effectiveness of the checks provided for in paragraph 2.
4. A report shall be drawn up on the inspections carried out under paragraphs 2 and 3 specifying:
(a) the date of the check;
(b) its duration;
(c) the operations carried out.
The report shall be signed by the inspector responsible and notified to the undertaking.
5. Member States shall inform the Commission of the measures taken with regard to the inspections provided for in paragraphs 2 and 3 within one month of their adoption.
Article 4
1. Where skimmed-milk powder is offered for intervention in a Member State other than that in which it was manufactured, buying-in shall be subject to presentation, no later than 45 days after the day on which the offer was received, of a certificate supplied by the competent agency of the Member State of manufacture.
The certificate shall contain the information referred to in points (a), (b) and (c) of Article 2(6) and a confirmation that the skimmed-milk powder has been produced directly and exclusively from skimmed milk, within the meaning of Article 7(5) of Regulation (EC) No 1255/1999, in an approved undertaking in the Community.
2. Where the Member State of manufacture has performed the checks referred to in Article 2(2), the certificate shall also contain the results of those checks and confirm that the product concerned is skimmed-milk powder within the meaning of Article 7(1) of Regulation (EC) No 1255/1999. In that case, the bags referred to in Article 2(6) shall be sealed with a numbered label issued by the competent authority of the Member State of manufacture. The number shall be entered on the certificate referred to in paragraph 1.
Section 2
Procedure for buying-in at the intervention price
Article 5
1. Offers shall give:
(a) the name and address of the seller;
(b) the quantity offered;
(c) the place where the skimmed-milk powder is held.
2. The intervention agency shall register the date on which the offer is received, the corresponding quantities and dates of manufacture and the place at which the skimmed-milk powder is stored.
Where buying-in at the intervention price is suspended in accordance with the first subparagraph of Article 7(2) of Regulation (EC) No 1255/1999, reception and registration of offers shall be interrupted from the day following that on which the suspension decision is taken.
3. Offers shall be valid only if:
(a) they relate to a quantity of skimmed-milk powder meeting the requirements of Article 2(5);
(b) they are accompanied by a written undertaking by the seller to comply with Articles 2(4) and 9;
(c) proof is furnished that the seller has lodged a security of EUR 2 per 100 kg in the Member State in which the offer is submitted, no later than the day on which the offer is received.
4. The undertaking provided for in paragraph 3(b), if sent initially to the intervention agency, shall be valid by tacit renewal for subsequent offers until explicitly cancelled by the seller or the intervention agency, provided that:
(a) the original offer stipulates that the seller intends to avail himself of this provision;
(b) subsequent offers refer to this provision (by a reference to "Article 5(4)") and to the date of the original offer.
Article 6
Maintenance of the offer and delivery of the skimmed-milk powder to the depot designated by the intervention agency within the time limit laid down in Article 7(2) shall constitute primary requirements within the meaning of Article 20 of Commission Regulation (EEC) No 2220/85(14).
Article 7
1. After checking the offer, and within five working days following the day of receipt, the intervention agency shall issue a dated and numbered delivery order showing:
(a) the quantity of the skimmed-milk powder to be delivered;
(b) the final date for delivery;
(c) the storage depot to which it must be delivered.
2. The skimmed-milk powder shall be delivered within 28 days of the day of receipt of the offer to sell. Delivery may be in several consignments.
3. The security referred to in point (c) of Article 5(3) shall be released as soon as the quantity indicated in the offer has been delivered.
However, where the checks referred to in Article 2(2) show that the skimmed-milk powder does not conform to the requirements laid down in that Article, the security shall nevertheless be released for the quantities not yet delivered.
4. The skimmed-milk powder shall be deemed to be taken over by the intervention agency on the day when the full quantity of skimmed-milk powder covered by the offer enters the storage depot designated by the intervention agency, but no earlier than the day after the delivery order is issued.
5. Except in cases of force majeure, where the seller fails to deliver within the time limit laid down, not only shall the security provided for in point (c) of Article 5(3) be forfeit in proportion to the quantities not delivered, but buying-in shall also be cancelled in respect of the remaining quantities.
Article 8
1. The intervention agency shall pay for the skimmed-milk powder taken over between the 120th and the 140th day following the date of taking-over, provided that it is found to comply with the requirements laid down in Article 2.
2. Where the protein content of the non-fat dry matter, determined using the method described in Annex I, is 35,6 % or more, the buying-in price shall be equal to the intervention price applicable on the day on which the skimmed-milk powder was manufactured.
Where that protein content is 31,4 % or more but less than 35,6 %, the buying-in price shall be equal to the intervention price less an amount calculated as follows:
intervention price x ((0,356 - protein content) x 1,75).
Article 9
In making the offer the seller shall undertake, should the inspection show that the skimmed milk powder does not comply with the requirements laid down in Article 2:
(a) to take back the goods in question;
(b) before taking back the goods, to pay the storage costs for the quantities concerned from the date they are taken over to the date of their removal from storage.
The storage costs due shall be determined on the basis of flat-rate amounts for entry, removal and storage costs, set pursuant to Article 6 of Council Regulation (EEC) No 1883/78(15).
Section 3
Entry into and removal from storage
Article 10
1. The stores referred to in the fourth subparagraph of Article 7(1) of Regulation (EC) No 1255/1999 shall:
(a) be dry, well maintained and free of vermin;
(b) be free of extraneous odours;
(c) permit good ventilation;
(d) have a capacity of at least 1000 tonnes and removal facilities able to accommodate the removal each day of at least 3 % of the quantity stored in the depot, at a minimum rate of 100 tonnes per day. For the purposes of this requirement, only the quantities of skimmed-milk powder bought in from 1 September 2000 shall be taken into account.
The risks of storing the skimmed-milk powder shall be covered by insurance in the form of either a contractual obligation on storers or a comprehensive coverage of the liability borne by the intervention agency. The Member State may also act as its own insurer.
2. The intervention agencies shall require that the skimmed-milk powder be placed and kept in storage on pallets and in easily identifiable and readily accessible lots.
3. The competent authority responsible for inspection shall check on the presence of the products in the depot as provided for in Article 4 of Commission Regulation (EC) No 2148/96(16).
Article 11
1. The intervention agency shall choose the available storage depot nearest to the place where the skimmed-milk powder is stored.
However, it may choose another depot situated within the distance referred to in paragraph 2. It may choose a depot situated beyond that distance, taking account of storage and transport costs. In that case the intervention agency shall notify the Commission of its choice forthwith.
2. The maximum distance referred to in the third subparagraph of Article 7(1) of Regulation (EC) No 1255/1999 shall be 350 km. Beyond that distance, the additional transport costs borne by the intervention agency shall be EUR 0,05 per tonne and per kilometre.
However, where the intervention agency buying in the skimmed-milk powder offered for sale is in a Member State other than that in whose territory it is stored, no account shall be taken of the distance between the storage depot of the seller and the border of the Member State of the purchasing intervention agency when calculating the maximum distance referred to in the first subparagraph.
Article 12
1. At the time of removal from storage, the intervention agency shall make the skimmed-milk powder available on pallets at the depot's loading bay, loaded onto the means of transport but not stowed.
Where the skimmed-milk powder is made available on EUR pallets or pallets of comparable quality, the buyer shall return equivalent pallets to the intervention agency on removal from storage.
2. The stowage costs and any depalletising costs shall be borne by the buyer of the skimmed milk powder. These costs shall be fixed by the Member State on a flat-rate basis and notified on request to interested parties. The Commission shall be informed thereof within one month following adoption of this Regulation and prior to any changes subsequently made.
Section 4
Special rules applicable to buying-in by tendering procedure
Article 13
Where the Commission decides that skimmed-milk powder is to be bought in through an open standing invitation to tender pursuant to Article 7(2) of Regulation (EC) No 1255/1999 and in accordance with the procedure under Article 42 thereof, Articles 2, 3, 4, 10, 11 and 12 of this Regulation shall apply unless otherwise provided in this section.
Article 14
1. Notices of invitation to tender shall be published in the Official Journal of the European Communities.
2. The period for the submission of tenders for each round shall expire at 12 noon (Brussels time), on the second and fourth Tuesdays of the month, except for the second Tuesday in August. If the Tuesday is a public holiday, the closing date shall be the last preceding working day at noon (Brussels time).
Article 15
1. Interested parties shall participate in the tendering procedure announced by the intervention agency of a Member State, either by submitting a written tender against a receipt or by any means of telecommunication with proof of receipt.
2. Tenders must give:
(a) the name and address of the tenderer;
(b) the quantity offered;
(c) the proposed price per 100 kg of skimmed-milk powder, not including national taxes, delivered on pallets to the loading bay of the storage depot, in euro to no more than two decimal places;
(d) the place at which the skimmed-milk powder is stored.
3. Tenders shall be valid only if:
(a) they relate to skimmed-milk powder manufactured during the 21 days or, where applicable, three weeks preceding the closing date for submission of tenders as referred to in Article 14(2). Where the interval between two invitations to tender is longer than 21 days, the skimmed-milk powder may have been manufactured during that period;
(b) they relate to a quantity of skimmed-milk powder complying with Article 2(5);
(c) they are accompanied by a written undertaking from the tenderer to comply with point (a) of this paragraph and with Article 9;
(d) proof is furnished that the tenderer has lodged a security of EUR 2 per 100 kg for the invitation to tender concerned, in the Member State in which the tender was submitted, before the closing date for submission of tenders.
4. The undertaking provided for in point (c) of paragraph 3, if forwarded initially to the intervention agency, shall be valid by tacit renewal for subsequent tenders until explicitly cancelled by the tenderer or the intervention agency, provided that:
(a) the original tender stipulates that the tenderer intends to avail himself of this provision,
(b) subsequent tenders refer to this provision (by reference to "Article 15(4)") and to the date of the original tender.
5. Tenders may not be withdrawn after the closing date referred to in Article 14(2) for the submission of tenders relating to the invitation to tender concerned.
Article 16
Maintenance of the tender after the closing date for submission of tenders and delivery of the skimmed-milk powder to the depot designated by the intervention agency within the time limit laid down in Article 19(3) shall constitute primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85.
Article 17
1. Member States shall inform the Commission of the quantities and prices offered by tenderers, no later than 9.00 a.m. (Brussels time) on the day after the closing date referred to in Article 14(2).
2. In the light of the tenders received for each invitation to tender, the Commission shall fix a maximum buying-in price, by reference to the intervention prices applicable, in accordance with the procedure laid down in Article 42 of Regulation (EC) No 1255/1999.
3. The Commission may decide to make no award under the round.
Article 18
1. Tenders shall be refused if the price proposed is higher than the maximum price referred to in Article 17(2) fixed for the invitation to tender concerned.
2. Rights and obligations arising under invitations to tender shall not be transferable.
Article 19
1. The intervention agency shall inform tenderers immediately of the outcome of their participation in the invitation to tender.
Where tenders have been unsuccessful, the security referred to in point (d) of Article 15(3) shall be released immediately.
2. The intervention agency shall immediately issue to successful tenderers a dated and numbered delivery order indicating:
(a) the quantity to be delivered;
(b) the final date for delivery of the skimmed-milk powder;
(c) the storage depot to which it must be delivered.
3. Successful tenderers shall deliver the skimmed-milk powder not later than 28 days after the closing date for the submission of tenders. Delivery may be made in several consignments.
4. The security shall be released as soon as the successful tenderer has delivered the quantity indicated on the delivery order within the time limit laid down.
5. Except in cases of force majeure, where the successful tenderer fails to deliver within the time limit laid down, not only shall the security provided for in point (d) of Article 15(3) be forfeit in proportion to the quantities not delivered, but buying-in shall also be cancelled in respect of the remaining quantities.
Article 20
1. The intervention agency shall pay the successful tenderer the price indicated in paragraph 2 of this Article, between the 120th and the 140th day following the date on which the skimmed-milk powder is taken over, provided that it is found to comply with Article 2(1), (2), (3), (5), (6) and (7) and Article 15(3)(a).
2. Where the protein content of the non-fat dry matter, determined using the method described in Annex I, is 35,6 % or more, the buying-in price shall be equal to the price indicated in the tender.
Where that protein content is 31,4 % or more but less than 35,6 %, the buying-in price shall be equal to the price indicated in the tender less an amount calculated as follows:
price tendered x ((0,356 - protein content) x 1,75).
3. The skimmed-milk powder shall be deemed to be taken over by the intervention agency on the day when full quantity of skimmed-milk powder covered by the tender enters the storage depot designated by the intervention agency, but no earlier than the day after the delivery order is issued.
Section 5
Sales
Article 21
Intervention agencies in the Member States shall sell to any interested party skimmed-milk powder which they hold and which entered storage before 1 September 1997.
Article 22
1. Skimmed-milk powder shall be sold ex-storage depot at a price equal to the intervention price fixed in Article 4(1)(b) of Regulation (EC) No 1255/1999 and applying on the day on which the sale contract is concluded, plus EUR 1 per 100 kg.
2. Applications to purchase shall state:
(a) the name and address of the buyer;
(b) the quantity desired;
(c) where applicable, the depot where the skimmed-milk powder is stored and, if desired, a substitute depot.
3. Applications to purchase shall be valid only if:
(a) they relate to at least 10 tonnes: however, where the remaining quantity in a storage depot is less than 10 tonnes, the sale shall relate to that remaining quantity;
(b) proof is furnished that the buyer has lodged a security equal to EUR 7 per 100 kg, in order to ensure that the primary requirements within the meaning of Article 20 of Regulation (EEC) No 2220/85 are fulfilled as regards the taking over of the skimmed-milk powder within the time limit laid down in the first subparagraph of Article 24(1) of this Regulation.
Article 23
1. For the purposes of sale, the intervention agency shall award the skimmed-milk powder according to the date when it was placed in storage, starting with the oldest of the total available quantity or, as the case may be, the quantity available in the storage depot or depots designated by the buyer.
2. Where acceptance of an application to purchase would result in the sale of a quantity exceeding the skimmed-milk powder still available in the depot concerned, only the quantity available shall be awarded to the buyer in question. However, the intervention agency may designate other depots to make up the quantity applied for, provided that the buyer agrees.
3. Where the acceptance of two or more applications to purchase skimmed-milk powder in a particular depot would lead to the sale of a quantity in excess of that available, the award shall be made by allocating the quantity available in proportion to the quantities applied for. However, should such allocation lead to the award of quantities of less than five tonnes, the award shall be made by drawing lots.
4. All valid applications to purchase reaching the intervention agency on the same day shall be deemed to have been submitted at the same time.
5. Intervention agencies shall make the necessary arrangements to enable interested parties to examine samples of the skimmed-milk powder put up for sale at their own expense before concluding the contract of sale.
Article 24
1. The buyer shall take delivery of the skimmed-milk powder within one month from the date of conclusion of the contract of sale.
Delivery may be taken in instalments of not less than 10 tonnes each. However, where the remaining quantity in a storage depot is less than 10 tonnes, that remaining quantity may be delivered.
2. Before taking delivery of each quantity of skimmed-milk powder, the buyer shall pay the intervention agency the price corresponding to the quantity being delivered.
3. Except in cases of force majeure, the sales contract shall be terminated in respect of any quantities of which the buyer has not taken delivery within the period specified in paragraph 1.
4. The security provided for in point (b) of Article 22(3) shall be forfeit in respect of any quantities for which the contract of sale is terminated in accordance with paragraph 3 of this Article. It shall be released immediately in respect of quantities of which delivery is taken within the prescribed period.
5. In the event of force majeure the intervention agency shall take such action as it considers necessary having regard to the circumstances invoked.
CHAPTER III
PRIVATE STORAGE
Section 1
Contract and storage conditions
Article 25
For the purposes of this chapter:
(a) "storage lot" means a quantity weighing at least 10 tonnes and of homogeneous composition and quality, originating in a single factory, taken into storage in a single depot on a single day;
(b) "day of commencement of contractual storage" means the day following that of entry into store;
(c) "last day of contractual storage" means the day before that of removal from storage.
Article 26
Where the Commission decides to grant aid for the private storage of skimmed-milk powder in accordance with Article 7(3) of Regulation (EC) No 1255/1999, private storage contracts shall be concluded between the intervention agency of the Member State on whose territory the skimmed-milk powder is stored and natural or legal persons, hereinafter called "contractors".
Article 27
Private storage contracts may be concluded only for skimmed-milk powder, as referred to in the first subparagraph of Article 7(3) of Regulation (EC) No 1255/1999, which:
(a) contains not more than 11 % fat and 5 % water and has a protein content of the non-fat dry matter of at least 31,4 %;
(b) has been manufactured during the 28 days or four weeks preceding the day of commencement of contractual storage in an undertaking approved in accordance with points (a) and (b) of Article 3(1) and which agrees to submit its production of skimmed-milk powder liable to be covered by a storage contract to a specific official inspection;
(c) has a radioactivity level not exceeding the maximum levels referred to in Article 2(3);
(d) is stored in bags with a net content of 25 kg or in "big bags" weighing no more than 1500 kg, bearing the following information, where appropriate in code:
(i) the approval number identifying the factory and the Member State of manufacture,
(ii) the date or week of manufacture,
(iii) the number of the manufacturing batch,
(iv) the net weight;
(e) has not been placed under the arrangements referred to in Article 5(1) of Council Regulation (EEC) No 565/80(17); subsequent placing under those arrangements shall be regarded as ending the contractual storage period.
Article 28
1. Storage contracts shall be concluded in writing for one or more storage lots and shall include, in particular, provisions concerning:
(a) the quantity of skimmed-milk powder to which the contract applies;
(b) the amount of aid;
(c) the dates relating to the execution of the contract, without prejudice to a Commission decision pursuant to the second sentence of the third subparagraph of Article 7(3) of Regulation (EC) No 1255/1999 and in accordance with the procedure under Article 42 thereof;
(d) the identity of the storage depots.
2. The checks, particularly those referred to in Article 33, shall be the subject of specifications drawn up by the intervention agency of the Member State of storage. The storage contract shall refer to these specifications.
Article 29
1. The periods of entry into and removal from storage shall be fixed at the time of the decision to grant private storage aid for skimmed-milk powder.
2. Removal from storage shall be in whole storage lots. However, in the circumstances referred to in point (a) of Article 33(2), only a sealed quantity may be removed from storage.
Article 30
1. Applications to conclude contracts with the intervention agency may relate only to lots of skimmed-milk powder which have been fully taken into storage.
Applications must reach the intervention agency within no more than 30 days of the date of entry into storage. Intervention agencies shall register the date of receipt.
If an application reaches the intervention agency within 10 working days following the deadline, a storage contract may still be concluded but the aid shall be reduced by 30 %.
2. Storage contracts shall be concluded within no more than 30 days of the date of registration of the application.
Article 31
Where the skimmed-milk powder is stored in a Member State other than the Member State of manufacture, a storage contract as referred to in Article 30 may be concluded only on condition that a certificate supplied by the competent agency of the Member State of manufacture is presented within 50 days of the date on which the skimmed-milk powder entered storage.
This certificate shall indicate the approval number identifying the factory and the Member State of manufacture, the date or week of manufacture and the number of the manufacturing batch, and shall confirm that the product concerned is skimmed-milk powder as referred to in the first subparagraph of Article 7(3) of Regulation (EC) No 1255/1999.
In the case referred to in the first paragraph of this Article, storage contracts shall be concluded within no more than 60 days of the date of registration of the application.
Section 2
Checks
Article 32
1. The Member State shall ensure that all the conditions conferring entitlement to payment of the aid are fulfilled.
2. The contractor or, at the request of the Member State or with its authorisation, the person responsible for the storage depot, shall make available to the competent authority responsible for inspection any documentation permitting verification of the following particulars of products placed in private storage:
(a) the approval number identifying the factory and the Member State of manufacture;
(b) the date of manufacture;
(c) the date of entry into storage;
(d) the manufacturing batch number;
(e) presence in the depot and the address of the depot;
(f) the date of removal from storage.
3. The contractor or, where applicable, the person responsible for the storage depot shall keep stock records available at the depot for each contract, covering:
(a) the storage lot number of the products placed in private storage;
(b) the dates of entry into and removal from storage;
(c) the quantity of skimmed-milk powder, indicated per storage lot;
(d) the location of the products in the depot.
4. Products stored shall be easily identifiable and easily accessible. They shall be identified individually by contract.
Article 33
1. On entry into storage the competent authority shall conduct checks within the period beginning on the date of entry into the store and ending 28 days after the date of registration of the application for conclusion of the contract.
To ensure that the products stored are eligible for aid, the checks shall be made on a representative sample of at least 5 % of the quantities placed in storage to ensure that the storage lots in their entirety physically conform to the application for conclusion of a contract as regards the weight, identification and nature of the products.
2. The competent authority shall:
(a) either seal the products by contract, storage lot or smaller quantity at the time of the check provided for in paragraph 1;
(b) or make an unannounced check, by random sampling, to ensure that the products are present in the depot. The random sample concerned shall be representative and shall correspond to at least 10 % of the total quantity under contract for a private storage aid measure.
3. At the end of the contractual storage period, the competent authority shall check, by random sampling, to verify weight and identification. However, where the skimmed-milk powder is still in storage after expiry of the maximum contractual storage period, this check may be made when the product is removed from storage.
For the purposes of the check, the contractor shall inform the competent authority, indicating the storage lots concerned, at least five working days before:
(a) the end of the maximum contractual storage period of 180 days;
or
(b) the start of the removal operations, where these take place during or after the 180 day period.
The Member State may accept a shorter time limit than five working days.
4. A report shall be drawn up on the checks carried out under paragraphs 1, 2 and 3, specifying:
(a) the date of the check;
(b) its duration;
(c) the operations carried out.
The report shall be signed by the inspector responsible and countersigned by the contractor or, as the case may be, the person responsible for the storage depot, and shall be included in the payment dossier.
5. In the event of irregularities affecting at least 5 % of the quantities of products checked, the check shall be extended to a larger sample to be determined by the competent authority.
The Member States shall notify such cases to the Commission within four weeks.
Section 3
Storage aid
Article 34
1. Private storage aid as provided for in Article 7(3) of Regulation (EC) No 1255/1999 may be granted only where the contractual storage period is between 60 and 180 days.
Where the contractor fails to comply with the time limit referred to in Article 33(3) of this Regulation, the aid shall be reduced by 15 % and shall be paid only in respect of the period for which the contractor supplies satisfactory proof to the competent authority that the skimmed-milk powder has remained in contractual storage.
2. Without prejudice to Article 35 of this Regulation, the Commission shall set the amount of aid in accordance with the second subparagraph of Article 7(3) of Regulation (EC) No 1255/1999.
3. The aid shall be paid on application by the contractor, at the end of the contractual storage period, within 120 days of receipt of the application, provided that the checks referred to in Article 33(3) have been carried out and that the conditions for entitlement to the aid have been met.
However, if an administrative enquiry into entitlement to the aid is under way, payment shall not be made until entitlement has been recognised.
Article 35
If the market situation so requires, the amount of the aid, the periods of entry into and removal from storage and the maximum length of storage may be altered during the year in respect of contracts yet to be concluded.
CHAPTER IV
NOTIFICATION
Article 36
Not later than 12 noon (Brussels time) of each Wednesday, the Member States shall inform the Commission of the quantities of skimmed-milk powder which, during the preceding week, have been the subject of:
(a) an offer to sell in accordance with Article 5;
(b) a contract of sale in accordance with Article 22(1);
(c) a private storage contract in accordance with Article 28.
CHAPTER V
FINAL PROVISIONS
Article 37
Regulations (EEC) No 2213/76, (EEC) No 1362/87, (EEC) No 1158/91 and (EC) No 322/96 are hereby repealed.
References to the repealed regulations shall be construed as references to this Regulation.
Article 38
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 January 2001.
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COMMISSION DIRECTIVE of 22 July 1983 introducing temporary measures for the designation of certain ingredients in the labelling of foodstuffs for sale to the ultimate consumer (83/463/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (1), and in particular Article 19 thereof,
Whereas, pursuant to the second indent of Article 6 (5) (b) of Directive 79/112/EEC, ingredients belonging to one of the categories listed in Annex II thereof must be designated in the list of ingredients by the name of that category, followed by their specific name or EEC number;
Whereas, as Community legislation currently stands, not all of the ingredients in question have been assigned an EEC number ; whereas full advantage cannot therefore be taken of the choice offered by the abovementioned labelling rule;
Whereas the Community is required to complete its rules relating to the categories of ingredients listed in Annex II to Directive 79/112/EEC ; whereas, as new Community provisions are adopted in these areas, EEC numbers that can be used in the labelling of foodstuffs will become available;
Whereas, as an interim measure aimed at facilitating the application of Directive 79/112/EEC, a temporary numbering system for those ingredients that have not yet received an EEC number should be made available to those responsible for labelling foodstuffs, pending the adoption of these new provisions;
Whereas a system of this kind is not intended to affect the provisions under which the use of the ingredients in question is authorized, prohibited or limited;
Whereas this Directive can relate only to ingredients belonging to the categories of use listed in Annex II to Directive 79/112/EEC ; whereas if, however, other categories were added to that Annex, it could also prove necessary to assign numbers to ingredients belonging to such categories;
Whereas, due to the scientific and technical developments in progress on artificial sweeteners, the ingredients in that category cannot yet all be enumerated and in view of this difficulty it is not yet appropriate to include these ingredients in the temporary arrangements introduced by this Directive;
Whereas, pursuant to Article 23 (1) (a) of Directive 79/112/EEC, Member States may make it optional to designate the specific name or EEC number of (1) OJ No L 33, 8.2.1979, p. 1. ingredients belonging to one of the categories listed in Annex II thereof ; whereas this provision is not affected by this Directive;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Pending the implementation of Community provisions introducing new EEC numbers, the numbers listed in the Annex may, in accordance with the second indent of Article 6 (5) (b) of Directive 79/112/EEC, be used in place of the specific name to designate the corresponding ingredients where the latter's technological function classifies them in one or more of the categories listed in Annex II to Directive 79/112/EEC.
Article 2
Member States shall make such amendments to their laws as may be necessary to comply with this Directive and shall forthwith inform the Commission thereof.
Without prejudice to the provisions under which the use of the corresponding ingredients is authorized, prohibited or limited, Member States shall, not later than 1 July 1984, allow the numbers listed in the Annex to be used.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 22 July 1983.
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Commission Regulation (EC) No 499/2002
of 20 March 2002
determining the world market price for unginned cotton
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Protocol 4 on cotton, annexed to the Act of Accession of Greece, as last amended by Council Regulation (EC) No 1050/2001(1),
Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton(2), and in particular Article 4 thereof,
Whereas:
(1) In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001(3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.
(2) In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.
(3) The application of the above criteria gives the world market price for unginned cotton determined hereinafter,
HAS ADOPTED THIS REGULATION:
Article 1
The world price for unginned cotton as referred to in Article 4 of Regulation (EC) No 1051/2001 is hereby determined as equalling EUR 21,630/100 kg.
Article 2
This Regulation shall enter into force on 21 March 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 2002.
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Commission Regulation (EC) No 2195/2001
of 12 November 2001
authorising transfers between the quantitative limits of textiles and clothing products originating in the People's Republic of China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(1), as last amended by Commission Regulation (EC) No 1809/2001(2), and in particular Article 7 thereof,
Whereas:
(1) Article 5 of the Agreement between the European Community and the People's Republic of China on trade in textile products, initialled on 9 December 1988 and approved by Council Decision 90/647/EEC(3), as last amended and extended by an Agreement in the form of an Exchange of Letters, initialled on 19 May 2000 and approved by Decision 2000/787/EC(4), and Article 8 of the Agreement between the European Community and the People's Republic of China on trade in textile products not covered by the MFA bilateral agreement, initialled on 19 January 1995 and approved by Decision 95/155/EC(5), as last amended by an Agreement in the form of an Exchange of Letters, initialled on 19 May 2000 and approved by Decision 2000/787/EC, provides that transfer may be made between quota years.
(2) The People's Republic of China submitted a request for transfers between quota years on 18 July 2001 for additional flexibilities, and most specifically for a carry-over of quantities from the quantitative limits of year 2000 into year 2001.
(3) The transfers requested by the People's Republic of China fall within the limits of the flexibility provisions referred to in Article 5 of the agreement between the Community and the People's Republic of China on trade in textiles products, initialled on 9 December 1988 and as set out in Annex VIII to Regulation (EEC) No 3030/93.
(4) It is, therefore, appropriate to grant the request to the extent that quantities are available.
(5) It is desirable for this Regulation to enter into force on the day after its publication in order to allow operators to benefit from it as soon as possible.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Textile Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Transfers between the quantitative limits for textile goods originating in the People's Republic of China fixed by the Agreement between the EC and the People's Republic of China are authorised for the quota year 2001 in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 November 2001.
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COMMISSION REGULATION (EC) No 185/2006
of 2 February 2006
fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 3 February 2006
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.
(2)
For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.
(3)
Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.
(4)
Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.
(5)
The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.
(6)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 3 February 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 2006.
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COMMISSION DECISION
of 3 November 1992
amending Commission Decisions 92/460/EEC, 92/461/EEC, 92/462/EEC and 93/463/EEC concerning the animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Switzerland, Sweden, Finland and Iceland
(92/518/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 the import of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Regulation (EEC) No 1601/92 (2), and in particular Articles 8 and 11 thereof,
Whereas Commission Decisions 92/460/EEC (3), 92/461/EEC (4), 92/462/EEC (5) and 92/463/EEC (6) lay down the animal health conditions and veterinary certification required for the importation of domestic animals of the bovine and porcine species coming from Switzerland, Sweden, Finland and Iceland;
Whereas practical difficulties have been encountered in the time foreseen for the establishment of the veterinary certificates introduced by these Decisions;
Whereas it is necessary to postpone the date of implementation of the abovementioned Decisions, in order to take into account these difficulties;
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 text of Article 4 of Decisions 92/460/EEC, 92/461/EEC, 92/462/EEC and 92/463/EEC is replaced by the following:
'Article 4
The present Decision shall apply from the 9 November 1992.`
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 3 November 1992.
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COUNCIL DECISION of 18 July 1994 concerning the conclusion of the International Coffee Agreement 1994 (94/570/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) first sentence thereof,
Having regard to the proposal from the Commission,
Whereas the International Coffee Agreement 1994 is open for signing as well as for ratification, acceptance or approval from 18 April to 26 September 1994;
Whereas the International Coffee Agreement 1993 as extended expires on 30 September 1994 and the new Agreement, in accordance with Article 40 thereof, provides for its entry into force, provisionally or definitively as of 1 October 1994;
Whereas the objectives pursued by the Agreement fit into the context of the common commercial policy;
Whereas the Member States are called upon to participate, by financial contributions, in the actions provided for by the said Agreement;
Whereas all Member States have expressed their intention to sign, and to submit for ratification the Agreement; whereas the Community should therefore sign the Agreement lodged with the Secretary-General of the United Nations Organization and notify, by 26 September 1994, its approval thereof,
HAS DECIDED AS FOLLOWS:
Article 1
The International Coffee Agreement 1994 is hereby approved by 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 and to deposit the instrument of approval on behalf of the Community by 26 September 1994.
Done at Brussels, 18 July 1994.
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Commission Decision
of 20 July 2001
amending for the fifth time Decision 2000/284/EC establishing the list of approved semen collection centres for imports of equine semen from third countries
(notified under document number C(2001) 2216)
(Text with EEA relevance)
(2001/612/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(1), as last amended by Commission Decision 95/176/EC(2), and in particular Article 17(3)(b) thereof,
Whereas:
(1) Commission Decision 2000/284/EC(3), as last amended by Decision 2001/392/EC(4), established the list of approved semen collection centres for imports of equine semen from third countries.
(2) The competent authorities of the United States of America officially informed the Commission of the approval in accordance with the provisions of Directive 92/65/EEC of eight additional equine semen collection centres, and the need to change certain details of two other equine semen collection centres.
(3) Furthermore, the competent authorities of the United States of America officially informed the Commission that the approval has been withdrawn from the two centres Honor Bright Farm (00CA009-EQS) and Burchett Training Center (98GA002-EQS).
(4) It is appropriate to amend the list in the light of new information received from the non-member country concerned, and to highlight the amendments in the Annex for clarity.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2000/284/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 20 July 2001.
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Commission Regulation (EC) No 1823/2001
of 14 September 2001
fixing the import duties in the cereals sector
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 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector(3), as last amended by Regulation (EC) No 2235/2000(4), and in particular Article 2(1) thereof,
Whereas:
(1) Article 10 of Regulation (EEC) No 1766/92 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2) Pursuant to Article 10(3) of Regulation (EEC) No 1766/92, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.
(3) Regulation (EC) No 1249/96 lays down detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards import duties in the cereals sector.
(4) The import duties are applicable until new duties are fixed and enter into force. They also remain in force in cases where no quotation is available for the reference exchange referred to in Annex II to Regulation (EC) No 1249/96 during the two weeks preceding the next periodical fixing.
(5) In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.
(6) Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the cereals sector referred to in Article 10(2) of Regulation (EEC) No 1766/92 shall be those fixed in Annex I to this Regulation on the basis of the information given in Annex II.
Article 2
This Regulation shall enter into force on 16 September 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 September 2001.
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Commission Regulation (EC) No 2053/2001
of 19 October 2001
amending Regulation (EEC) No 1627/89 on the buying-in of beef by invitation to tender
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 Regulation (EC) No 1512/2001(2), and in particular Article 47(8) thereof,
Whereas:
(1) Commission Regulation (EEC) No 1627/89 of 9 June 1989 on the buying-in of beef by invitation to tender(3), as last amended by Regulation (EC) No 1957/2001(4), opened buying-in by invitation to tender in certain Member States or regions of a Member State for certain quality groups.
(2) The application of Article 47(3), (4) and (5) of Regulation (EC) No 1254/1999 and the need to limit intervention to buying-in the quantities necessary to ensure reasonable support for the market result, on the basis of the prices of which the Commission is aware, in an amendment, in accordance with the Annex hereto, to the list of Member States or regions of a Member State where buying-in is open by invitation to tender, and the list of the quality groups which may be bought in.
(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 Annex to Regulation (EEC) No 1627/89 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 20 October 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 October 2001.
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