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COUNCIL DECISION
of 3 October 1984
adjusting the amounts made available to the European Development Fund (1979) for the ACP States and for the overseas countries and territories (St Christopher and Nevis)
(84/470/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the 1979 Internal Agreement on the financing and administration of Community aid (1), hereinafter referred to as the 'Internal Agreement', as last amended by Decision 83/369/EEC (2), and in particular Article 1 (4) thereof,
Having regard to the proposal from the Commission,
Whereas St Kitts-Nevis which was formerly associated with the Community under Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (3), gained independence on 19 September 1983 under the name of St Christopher and Nevis and acceded to the Second ACP-EEC Convention on 5 March 1984;
Whereas, in accordance with Article 1 (4) of the Internal Agreement, the amounts laid down for the overseas countries and territories in Article 1 (3) (b) of the said Agreement should be reduced and the amounts laid down for the ACP States in Article 1 (3) (a) should be correspondingly increased,
HAS DECIDED AS FOLLOWS:
Article 1
Article 1 (3) of the Internal Agreement is hereby replaced by the following:
'3. The amount stated in paragraph 2 shall be allocated as follows:
(a) 4 647,4 million ECU for the ACP States, comprising:
- 2 999,4 million ECU in the form of grants,
- 525 million ECU in the form of special loans,
- 284 million ECU in the form of risk capital,
- 557 million ECU in the form of transfers pursuant to Title II, Chapter I of the Convention,
- 282 million ECU in the form of the special financing facility pursuant to Title III, Chapter I of the Convention;
(b) 64,6 million ECU for the countries and territories, comprising:
- 37,6 million ECU in the form of grants,
- 20 million ECU in the form of special loans,
- 7 million ECU in the form of risk capital,
- (for the record) in the form of the special financing facility pursuant to the provisions of the Decision relating to mining products;
(c) 9 million ECU in the form of transfers for the countries and territories, pursuant to those provisions of the Decision which concern the system for stabilizing export earnings.'
Article 2
This Decision shall apply from 1 September 1984.
Done at Luxembourg, 3 October 1984.
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COUNCIL REGULATION (EC) No 1436/2005
of 31 August 2005
temporarily reducing the autonomous Common Customs Tariff duties for certain tropical fishery products
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
The Common Customs Tariff is laid down in Regulation (EEC) No 2658/87 (1).
(2)
The Community is a major consumer of certain tropical fishery products. It has to import large quantities of such products in order to satisfy its needs. In order to avoid disruptions of trade, it is in the Community’s interest to reduce temporarily the Common Customs tariff duties for the importation of these products.
(3)
Having regard to the economic importance of this Regulation, it is necessary to rely on the grounds of urgency provided for in point I.3 of the Protocol annexed to the Treaty on European Union and to the Treaties establishing the European Community on the role of national parliaments in the European Union.
(4)
Since this Regulation is to apply from 1 August 2005, it should enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
The autonomous Common Customs Tariff duties as contained in Regulation (EEC) No 2658/87 shall be reduced, in respect of the products listed in the Annex to this Regulation, to the rates of duty laid down in that Annex.
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 August 2005 to 31 December 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 August 2005.
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COMMISSION DIRECTIVE 2009/84/EC
of 28 July 2009
amending Directive 98/8/EC of the European Parliament and of the Council to include sulfuryl fluoride 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 sulfuryl fluoride.
(2)
Commission Directive 2006/140/EC (3) included sulfuryl fluoride as an active substance in Annex I to Directive 98/8/EC for use in product-type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.
(3)
Pursuant to Regulation (EC) No 1451/2007, sulfuryl fluoride has now been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 18, insecticides, as defined in Annex V to that Directive.
(4)
Sweden was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 19 June 2007 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.
(5)
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 20 February 2009, in an assessment report.
(6)
It appears from the examinations made that biocidal products used as insecticides and containing sulfuryl fluoride may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include sulfuryl fluoride in Annex I, in order to ensure that in all Member States authorisations for biocidal products used as insecticides and containing sulfuryl fluoride can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC.
(7)
In the light of the conclusions of the assessment report, it is appropriate to require that products containing sulfuryl fluoride and used as insecticides be authorised only for use by trained professionals in accordance with Article 10(2)(i)(e) of Directive 98/8/EC, and that specific risk mitigation measures are applied at product authorisation level to ensure the safety of operators and of bystanders.
(8)
In addition, it is appropriate to require continuous monitoring of sulfuryl fluoride in remote tropospheric air and to require results of such monitoring to be regularly reported to the Commission.
(9)
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 sulfuryl fluoride and also to facilitate the proper operation of the biocidal products market in general.
(10)
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.
(11)
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 18 containing sulfuryl fluoride to ensure that they comply with Directive 98/8/EC.
(12)
Directive 98/8/EC should therefore be amended accordingly.
(13)
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
1. Member States shall adopt and publish, by 30 June 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
They shall apply those provisions from 1 July 2011.
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, 28 July 2009.
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COUNCIL DIRECTIVE 92/91/EEC
of 3 November 1992
concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,
Having regard to the proposal from the Commission (1), drawn up after consultation with the Safety and Health Commission for the Mining and other Extractive Industries,
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 118a of the EEC Treaty provides that the Council shall adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the safety and health of workers;
Whereas, pursuant to that Article, such Directives must avoid imposing administrative, financial and legal constraints which would hold back the creation and development of small and medium-sized undertakings;
Whereas the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations;
Whereas Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC (4)) does not apply to the extractive industries;
Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health for the mineral-extracting industries through drilling is essential to ensure the safety and health of workers;
Whereas the mineral-extracting industries through drilling constitute an area of activity likely to expose workers to particularly high levels of risk;
Whereas this Directive is an individual directive within the meaning of Article 16 (1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (5); whereas, therefore, the provisions of the said Directive apply in full to the mineral-extracting industries through drilling without prejudice to more stringent and/or specific provisions contained in this Directive;
Whereas this Directive is a practical contribution towards creating the social dimension of the internal market,
HAS ADOPTED THIS DIRECTIVE:
SECTION 1
GENERAL PROVISIONS
Article 1
Subject
1. This Directive, which is the eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of workers in the mineral-extracting industries through drilling defined in Article 2 (a).
2. The provisions of Directive 89/391/EEC shall apply in full to the sphere referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.
Article 2
Definitions
For the purpose of this Directive:
(a)
mineral-extracting industries through drilling shall mean all the industries practising:
-
extraction, in the strict sense of the word, of minerals through drilling by boreholes, and/or
-
prospection with a view to such extraction,
and/or
-
preparation of extracted materials for sale, excluding the activities of processing the materials extracted;
(b)
workplace shall mean the whole area intended to house workstations, relating to the immediate and ancillary activities and installations of the mineral-extracting industries through drilling, including accommodation, where provided, to which workers have access in the context of their work.
SECTION II
EMPLOYERS' OBLIGATIONS
Article 3
General obligations
1. To safeguard the safety and health of workers, the employer shall take the necessary measures to ensure that:
(a)
workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and/or health and/or those of other workers;
(b)
the operation of workplaces when workers are present takes place under the supervision of a person in charge;
(c)
work involving a special risk is entrusted only to competent staff and carried out in accordance with the instructions given;
(d)
all safety instructions are comprehensible to all the workers concerned;
(e)
appropriate first-aid facilities are provided;
(f)
any relevant safety drills are performed at regular intervals.
2. The employer shall ensure that a document concerning safety and health, hereinafter referred to as ‘safety and health document’, covering the relevant requirements laid down in Articles 6, 9 and 10 of Directive 89/391 /EEC, is drawn up and kept up to date.
The safety and health document shall demonstrate in particular:
-
that the risks incurred by the workers at the work place have been determined and assessed,
-
that adequate measures will be taken to attain the aims of this Directive,
-
that the design, use and maintenance of the workplace and of the equipment are safe.
The safety and health document must be drawn up prior to the commencement of work and be revised if the workplace has undergone major changes, extensions or conversions.
3. Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters under his control.
The employer who, in accordance with national laws and /or practices, is in charge of the workplace, shall coordinate the implementation of all the measures concerning the safety and health of the workers and shall state, in his safety and health document, the aim of that coordination and the measures and procedures for implementing it.
The coordination shall not affect the responsibility of the individual employers as provided for in Directive 89/391/EEC.
4. The employer shall, without delay, report any serious and /or fatal occupational accidents and situations of serious danger to the competent authorities.
If necessary, the employer shall update the safety and health document recording measures taken to avoid any repetition.
Article 4
Protection from fire, explosions and health-endangering atmospheres
The employer shall take measures and precautions appropriate to the nature of the operation:
-
to avoid, detect and combat the starting and spread of fires and explosions,
and
-
to prevent the occurance of explosive and/or health-endangering atmospheres.
Article 5
Escape and rescue facilities
The employer shall provide and maintain appropriate means of escape and rescue in order to ensure that workers have adequate opportunities for leaving the workplaces promptly and safely in the event of danger.
Article 6
Communication, warning and alarm systems
The employer shall take the requisite measures to provide the necessary warning and other communication systems to enable assistance, escape and rescue operations to be launched immediately if the need arises.
Article 7
Keeping workers informed
1. Without prejudice to Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be taken concerning safety and health at workplaces, and in particular of those relating to the implementation of Article 3 to 6.
2. The information must be comprehensible to the workers concerned.
Article 8
Health surveillance
1. To ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, measures shall be introduced in accordance with national law and/or practices.
2. The measures referred to in paragraph 1 shall be such that each worker shall be entitled to or shall undergo health surveillance before being assigned to duties related to the activities referred to in Article 2 and subsequently at regular intervals.
3. Health surveillance may be provided as part of a national health system.
Article 9
Consultation of workers and workers' participation
Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391 /EEC on the matters covered by this Directive.
Article 10
Minimum requirements for safety and health
1. Workplaces used for the first time after the date on which this Directive is brought into effect as referred to in Article 12 (1) must satisfy the minimum safety and health requirements laid down in the Annex.
2. Workplaces already in use before the date on which this Directive is brought into effect as referred to in Article 12 (1) must satisfy the minimum safety and health requirements laid down in the Annex as soon as possible and at the latest five years after that date.
3. When workplaces undergo changes, extensions and /or conversions after the date on which this Directive is brought into effect as referred to in Article 12 (1), the employer shall take the measures necessary to ensure that those changes, extensions and/or conversions are in compliance with the corresponding minimum requirements laid down in the Annex.
SECTION III
OTHER PROVISIONS
Article 11
Adjustments to the Annexes
Purely technical adjustments to the Annexes in line with:
-
the adoption of Directives in the field of technical harmonization and standardization concerning the mineral-extracting industries through drilling,
and/or
-
technical progress, changes in international regulations or specifications, and new findings concerning the mineral-extracting industries through drilling,
shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.
Article 12
Final provisions
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 24 months after its adoption. They shall forthwith inform the Commission thereof.
2. When Member States adopt the provisions referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
3. Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or are adopt in the field governed by this Directive.
4. Member States shall report to the Commission every five years on the practical implementation of this Directive, indicating the views of employers and workers.
The Commission shall inform the European Parliament, the Council, the Economic and Social Committee, the Safety and Health Commission for the Mining and Other Extractive Industries and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof.
Article 13
This Directive is addressed to the Member States.
Done at Brussels, 3 November 1992.
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COMMISSION REGULATION (EC) No 759/94 of 5 April 1994 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 Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), as amended by Regulation (EC) No 3665/93 (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 8 April 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 April 1994.
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Commission Regulation (EC) No 381/2003
of 28 February 2003
fixing the production refund on white sugar used in the chemical industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector(1), as amended by Commission Regulation (EC) No 680/2002(2), and in particular Article 7(5) thereof,
Whereas:
(1) Pursuant to Article 7(3) of Regulation (EC) No 1260/2001, production refunds may be granted on the products listed in Article 1(1)(a) and (f) of that Regulation, on syrups listed in Article 1(1)(d) thereof and on chemically pure fructose covered by CN code 1702 50 00 as an intermediate product, that are in one of the situations referred to in Article 23(2) of the Treaty and are used in the manufacture of certain products of the chemical industry.
(2) Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry(3) lays down the rules for determining the production refunds and specifies the chemical products the basic products used in the manufacture of which attract a production refund. Articles 5, 6 and 7 of Regulation (EC) No 1265/2001 provide that the production refund applying to raw sugar, sucrose syrups and unprocessed isoglucose is to be derived from the refund fixed for white sugar in accordance with a method of calculation specific to each basic product.
(3) Article 9 of Regulation (EC) No 1265/2001 provides that the production refund on white sugar is to be fixed at monthly intervals commencing on the first day of each month. It may be adjusted in the intervening period where there is a significant change in the prices for sugar on the Community and/or world markets. The application of those provisions results in the production refund fixed in Article 1 of this Regulation for the period shown.
(4) As a result of the amendment to the definition of white sugar and raw sugar in Article 1(2)(a) and (b) of Regulation (EC) No 1260/2001, flavoured or coloured sugars or sugars containing any other added substances are no longer deemed to meet those definitions and should thus be regarded as "other sugar". However, in accordance with Article 1 of Regulation (EC) No 1265/2001, they attract the production refund as basic products. A method should accordingly be laid down for calculating the production refund on these products by reference to their sucrose content.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The production refund on white sugar referred to in Article 4 of Regulation (EC) No 1265/2001 shall be equal to 39,525 EUR/100 kg net.
Article 2
This Regulation shall enter into force on 1 March 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 February 2003.
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COMMISSION REGULATION (EEC) No 1980/92 of 16 July 1992 amending Regulation (EEC) No 1538/91 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultrymeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultrymeat (1), and in particular Article 3 (3) and 9 thereof,
Whereas Article 8 of Commission Regulation (EEC) No 1538/91 (2), as last amended by Regulation (EEC) No 315/92 (3), lays down the detailed rules for the optional classification of frozen and quick-frozen poultrymeat by weight categories;
Whereas these provisions should be modified in order to take account of current trade practices regarding the marketing of heavier carcases in certain Member States and to allow the continuation of weight indication in imperial units until 31 December 1994 for products marketed in the United Kingdom;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Article 8 of Regulation (EEC) No 1538/91 is hereby replaced by the following:
'Article 8
1. Prepackaged frozen or quick frozen poultrymeat may be classified by weight category in accordance with Article 3 (3) of Regulation (EEC) No 1906/90 in prepackages within the meaning of Article 2 of Directive 76/211/EEC.
These prepackages may be:
- prepackages containing one poultry carcase, or
- prepackages containing one or several poultry cuts of the same type and species,
as defined in Article 1.
2. All prepackages shall in accordance with paragraphs 3 and 4 bear an indication of the weight of the product known as 'nominal weight' which they are required to contain.
3. Prepackages of frozen or quick-frozen poultrymeat may by classified by categories of nominal weights as follows:
- carcases:
- 1 100 g: classes of 50 g (1 050 1 000 950 etc.),
- 1 100- 2400 g: classes of 100 g (1 100 1 200 1 300 etc.),
- 2400 g: classes of 200 g (2 400 2 600 2 800 etc.),
- cuts:
- 1 100 g: classes of 50 g (1 050 1 000 950 etc.),
- 1 100 g: classes of 100 g (1 100 1 200 1 300 etc.).
4. Prepackages referred to in paragraph 1 shall be made up in such a way that they satisfy the following requirements:
- the actual contents shall not be less, on average, than the nominal weight,
- the proportion of prepackages having a negative error greater than the tolerable negative error laid down in paragraph 9 shall be sufficiently small for batches of prepackages to satisfy the requirements of the tests specified in paragraph 10,
- no prepackage having a negative error greater than twice the tolerable negative error given in paragraph 9 shall be marketed.
The definitions of nominal weight, actual content and negative error laid down in Annex I to Directive 76/211/EEC shall apply to this Regulation.
5. Regarding responsibility of the packer or importer of frozen or quick-frozen poultrymeat and checks to be carried out by competent authorities, points 4,5 and 6 of Annex I to Directive 76/211/EEC apply mutatis mutandis.
6. The checking of prepackages shall be carried out by sampling and shall be in two parts:
- a check covering the actual content of each prepackage in the sample,
- a check on the average actual contents of the prepackages in the sample.
A batch of prepackages shall be considered acceptable if the results of both these checks satisfy the acceptance criteria referred to in paragraphs 10 and 11.
7. A batch shall be made up of all the prepackages of the same nominal weight, the same type and the same production rund, packed in the same place, which are to be inspected.
The batch size shall be limited to the quantities laid down below:
- when prepackages are checked at the end of the packing line, the number in each batch shall be equal to the maximum hourly output of the packing line, without any restriction as to batch size,
- in other cases the batch size shall be limited to 10 000.
8. A sample consisting of the following numbers of prepackages shall be drawn at random from each batch to be inspected:
Batch size Sample size 100 to 500 30 501 to 3 200 50 3 200 80
For batches of fewer than 100 prepackages, the non-destructive test, within the meaning of Annex II to Directive 76/211/EEC, where carried out, shall be 100 %.
9. In the case of prepackaged poultrymeat the following tolerable negative errors are permitted:
(g)
Nominal weight, g Tolerable negative error, g carcases cuts less than 1 000 25 25 1 100- 2 400 50 2 400 and more 100 50
10. For the checking of the actual content of each prepackage in the sample, the minimum acceptable content shall be calculated by subtracting the tolerable negative error for the contents concerned from the nominal weight of the prepackage.
The prepackages in the sample whose actual contents are less than the minimum acceptable content shall be considered defective.
The batch of prepackages, checked shall be considered acceptable or rejected, if the number of defective units found in the sample is less than or equal to the acceptance criterion or equal to or greater than the criterion for rejection shown below:
Number in sample Number of defective units Acceptance criterion Rejection criterion 30 2 3 50 3 4 80 5 6
11. For the checking of the average actual contents, a batch of prepackages shall be considered acceptable, if the average actual content of the prepackages forming the sample is greater than the acceptance criterion shown below:
Sample size Acceptance criterion for average actual content 30 x Qn - 0,503 s 50 x Qn - 0,379 s 80 x Qn - 0,295 s x = average actual content of prepackages, Qn = nominal quantity of the prepackage, s = standard deviation of the actual contents of the prepackages in the batch.
The standard deviation shall be estimated as set out under point 2.3.2.2. of Annex II to Directive 76/211/EEC.
12. For so long as Directive 80/181/EEC authorizes the use of supplementary indications, the indication of the nominal weight of prepackages to which this Article applies may be accompanied by a supplementary indication.
13. As an alternative to making use of the provisions of paragraphs 2 to 12, operators may market in the United Kingdom until 31 December 1994 prepackages referred to in this Article which are lawfully marked in accordance with national legislation with the nominal weights expressed in imperial units.
In respect of poultrymeat coming into the United Kingdom from other Member States and complying with the provisions of the preceding subparagraph, checks shall be carried out on a random basis and shall not be made at the border.'
Article 2
This Regulation shall enter into force on 1 August 1992.
However, until 31 December 1992 operators may classify prepackaged frozen or quick-frozen poultrymeat by weight categories in accordance with the provisions applicable before the entry into force of this Regulation. These products may then be marketed until 31 December 1993. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 July 1992.
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COMMISSION REGULATION (EC) No 1201/95 of 29 May 1995 amending Annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (1), as last amended by Commission Regulation (EC) No 2381/94 (2), and in particular Article 13 thereof,
Having regard to Commission Regulation (EEC) No 207/93 of 25 January 1993 defining the content of Annex VI to Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for implementing the provisions of Article 5 (4) thereto (3), and in particular Article 3 thereof,
Whereas certain Member States have notified to the other Member States and the Commission that authorizations were granted for use of certain ingredients of agricultural origin not included in section C of Annex VI to Regulation (EEC) No 2092/91; whereas for certain of these notified products it has appeared that no sufficient production was taking place in the Community; whereas therefore these products should be introduced into section C of Annex VI;
Whereas it has appeared that there is an important production in the Community in the context of organic farming of chicory, vinegar from various fermented beverages as well as of a large number of spices and herbs; whereas therefore chicory, vinegar, spices and herbs should be deleted from section C of Annex VI;
Whereas a positive list of the main spices and herbs which are not available from organic production in sufficient quantities in the European Community will be developped as soon as possible; whereas pending the adoption of this list, the procedure of Article 3 of Regulation (EEC) No 207/93 can be applied under the conditions set out in that Article;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the committee referred to in Article 14 of Regulation (EEC) No 2092/91,
HAS ADOPTED THIS REGULATION:
Article 1
Annex VI to Regulation (EEC) No 2092/91 is amended as defined in the Annex to the present Regulation.
Article 2
This Regulation shall enter into force seven days from the date of its publication in the Official Journal of the European Communities.
The products referred to in the first and fourth indents of the Annex to this Regulation may continue to be used under the previously applicable conditions until three months from the date of entry into force of the Regulation.
The products referred to in the third indent of the Annex to this Regulation may continue to be used under the previously applicable conditions until seven months from the date of entry into force of the Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 May 1995.
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COMMISSION DECISION of 8 April 1994 repealing Decision 91/282/EEC concerning importation of fishery and aquaculture products from Colombia (Text with EEA relevance) (94/270/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 92/118/EEC (2), and in particular Article 19 thereof,
Whereas Commission Decision 91/282/EEC (3), as last amended by Decision 92/147/EEC (4) was adopted because of the development of a cholera epidemic in that country;
Whereas according to the World Health Organization the cholera situation in Colombia no longer presents a serious risk to public health; whereas, therefore, Decision 91/282/EEC should be repealed and imports of fishery products from Colombia should be made subject to the provisions of Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (5);
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Decision 91/282/EEC is repealed with effect from 1 June 1994.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 8 April 1994.
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COUNCIL REGULATION (EEC) No 3878/88
of 12 December 1988
establishing Community supervision for the imports of certain agricultural products originating in the Canary Islands (1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1391/87 of 18 May 1987 concerning certain adjustments to the arrangements applied to the Canary Islands (1), and in particular Articles 4, 6 and 10 thereof,
Having regard to the proposal from the Commission,
Whereas, in Regulation (EEC) No 1391/87, the Council decided, for certain agricultural products originating in the Canary Islands, upon a progressive reduction of the customs duties applicable in the limits of reference quantities with the possibility for the Community to replace in future the facilities by a system of tariff quotas if it should appear that under the preferential system imported quantities exceed, during the course of a determined year, the reference quantities laid down, and if simultaneously these imports cause damage on the Community market; whereas the application of such a system demands that the Community is regularly informed of the development of these imports originating in the Canary Islands; whereas it is therefore indicated to submit the imports of these products to a system of supervision;
Whereas this objective may be achieved by means of an administrative procedure based on setting off imports of the products in question against the reference quantities at Community level, as and when these products are entered with customs authorities for free circulation;
Whereas this administrative procedure requires close and particularly rapid cooperation between the Member States and the Commission; whereas the latter must, in particular, be able to follow the progress of amounts set off against the reference quantities and keep the Member States informed,
HAS ADOPTED THIS REGULATION:
Article 1
1. Imports into the Community of certain goods originating in the Canary Islands shall be subject to Community supervision and to annual reference quantities.
The description of the goods referred to in the preceding subparagraph, their order numbers, their CN codes and the levels and periods of application of the reference quantities are indicated in the annexed table.
2. Quantities shall be charged against the reference quantities as and when products are entered with customs authorities for free circulation and accompanied by a movement certificate. If the movement certificate is submitted a posteriori, the goods shall be charged against the corresponding reference quantity at the moment when the goods are entered for free circulation.
The extent to which the reference quantities are used up shall be determined at Community level on the basis of the imports charged against them in the manner defined in the first subparagraph.
Member States shall periodically inform the Commission of imports effected in accordance with the above rules; such information shall be supplied under the conditions laid down in paragraph 3.
3. Member States shall forward to the Commission:
- not later than 1 July 1989, the final amounts set off for products mentioned under Order Nos 17.0003 and 17.0005,
- by 15 October 1989, the cumulative amounts set off for the period from 1 January to 30 September, and by not later than the 20th day of each following month those set off during the preceding month, for the product mentioned under Order No 17.0001.
Article 2
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 3
This Regulation shall enter into force on 1 January 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 1988.
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COMMISSION REGULATION (EEC) No 1385/88
of 20 May 1988
laying down special detailed rules for the application of the system of import licences for fresh sour cherries originating in Yugoslavia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1200/88 of 28 April 1988 establishing a surveillance mechanism for imports of fresh sour cherries originating in Yugoslavia (1), and in particular Article 3 thereof,
Whereas Regulation (EEC) No 1200/88 provides in particular for a system of import licences to ensure the proper application of the agreement concluded with Yugoslavia on its exports of fresh sour cherries to the Community; whereas the special rules governing that system should be laid down;
Whereas exceptions to certain provisions of Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), as last amended by Regulation (EEC) No 2082/87 (3), should be made to avoid exceeding the quantities fixed in Regulation (EEC) No 1200/88;
Whereas import licences are issued using the most detailed CN code; whereas the combined nomenclature comprises two codes according to the periods of importation of sour cherries; whereas provision should accordingly be made for the issue of import licences for the two CN codes concerned; whereas, however, the period of validity of licences take into account the time for transporting the product to the Community;
Whereas, in order to ensure the proper operation of this system, provision should be made for weekly notification by the Member States of the quantities for totally or partly unused licences;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. The provisions of Regulation (EEC) No 3183/80 shall apply to import licences for fresh sour cherries originating in Yugoslavia subject to the specific provisions of this Regulation.
Notwithstanding Article 8 (4) of the abovementioned Regulation, the provisions permitting a tolerance for quantities in excess shall not apply.
2. CN codes ex 0809 20 10 and ex 0809 20 90 must be marked in section 8 of applications for licences and import licences.
3. The security shall be 0,60 ECU/100 kg net.
4. Import licences shall be valid for eight days from the date of actual issue.
Article 2
1. Yugoslavia must be marked in section 14 of applications for licences and import licences proper as the country of origin of the products. Import licences shall be valid for products originating in Yugoslavia only.
2. One of the following must be marked in section 20 of import licences:
- no válido en España y Portugal
- ikke gyldig i Spanien og Portugal
- in Spanien und Portugal ungueltig
- den ischýei stin Ispanía kai stin Portogalía
- not valid in Spain and Portugal
- non valable en Espagne et au Portugal
- non valido in Spagna e in Portogallo
- niet geldig in Spanje en Portugal
- não é válido em Espanha ou em Portugal.
3. Import licences shall be issued on the fifth working day following the day on which the application was lodged unless measures are taken within that time.
4. The Commission shall take the necessary measures to limit imports on the basis of the import licences to 3 000 tonnes as provided for in Regulation (EEC) No 1200/88.
Article 3
Member States shall notify the Commission of:
1. quantities of fresh sour cherries corresponding to import licences applied for in respect of each of the following days.
Such quantities shall be notified at the following intervals:
- each Wednesday for applications lodged on Mondays and Tuesdays,
- each Friday for applications lodged on Wednesdays and Thursdays,
- each Monday for applications lodged in the previous week on Friday;
2. quantities corresponding to import licences not used or partly used amounting to the difference between the quantities deducted on the back of the licences and the quantities for which the latter were issued.
Such quantities shall be notified on Wednesday each week as regards data received the previous week.
If no application for an import licence is lodged during one of the periods mentioned in point 1 or if there are no quantities unused within the meaning of point 2, the Member State in question shall so inform the Commission on the days indicated in this Article.
Article 4
This Regulation shall enter into force on the eighth day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 May 1988.
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COMMISSION REGULATION (EC) No 642/2006
of 27 April 2006
setting delivery obligations for cane sugar to be imported under the ACP Protocol and the Agreement with India for the 2006/07 delivery period
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),
Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (2), and in particular Article 9(1) thereof,
Whereas:
(1)
Article 9 of Regulation (EC) No 1159/2003 sets out the detailed rules for setting delivery obligations at zero duty for products falling within CN code 1701, expressed in white-sugar equivalent, for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India.
(2)
Application of Articles 3 and 7 of the ACP Protocol, Articles 3 and 7 of the Agreement with India and Articles 11 and 12 of Regulation (EC) No 1159/2003 has resulted in the Commission setting delivery obligations for 2006/07 taking account, on the basis of the information currently available, of the difference between the amount of such delivery obligations and the quantities actually imported during past delivery periods.
(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
The delivery obligations for imports originating in the countries that are signatories to the ACP Protocol and to the Agreement with India in respect of products falling within CN code 1701, expressed in white-sugar equivalent, in the 2006/07 delivery period for each exporting country concerned, are hereby fixed as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 April 2006.
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COMMISSION DECISION
of 2 October 1985
supplementing, by the addition of Zimbabwe, the list of third countries from which Member States authorize imports of bovine animals, swine and fresh meat
(85/473/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Article 3 thereof,
Whereas, in order to decide in respect both of bovine animals and swine and of fresh meat whether a country or part of a country may be included in the list, particular account is taken of the criteria set out in Article 3 (2) of Directive 72/462/EEC;
Whereas Zimbabwe may be considered to satisfy these criteria for fresh meat of bovine animals; whereas it is necessary to supplement, by the addition of Zimbabwe and as regards the abovementioned category of fresh meat, the list referred to in Article 3 (1) of Directive 72/462/EEC adopted by the Council and contained in the Annex to its Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine and fresh meat (3);
Whereas it will be necessary to specify the regions of Zimbabwe from which such imports may be authorized; whereas other measures concerning animal health inspection remain to be taken;
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
Without prejudice to Directive 72/462/EEC, and in particular any measures which may have to be taken under the procedure provided for in Article 29 of that Directive, the list of countries from which Member States authorize importation of bovine animals, swine and fresh meat contained in Decision 79/542/EEC is hereby supplemented by the addition of Zimbabwe as regards fresh meat of bovine animals.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 2 October 1985.
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Commission Regulation (EC) No 1662/2002
of 18 September 2002
imposing provisional anti-dumping duties on imports of certain filament yarns of cellulose acetate originating in Lithuania and the United States of America
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (basic Regulation), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 7 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
(1) On 20 December 2001, the Commission announced by a notice (Notice of Initiation) published in the Official Journal of the European Communities(3), the initiation of an anti-dumping proceeding with regard to imports into the Community of certain non-textured artificial filament yarn of cellulose acetate originating in Lithuania and the United States of America.
(2) The anti-dumping proceeding was initiated as a result of a complaint lodged in November 2001 by the Comité international de la rayonne et des fibres synthetiques (CIRFS) on behalf of Community producers representing over 90 % of the total production in the Community. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding.
(3) Certain exporting producers claimed that the United States of America should not have been included in the proceeding due to the lack of adequate and accurate information on injurious dumping and causality at initiation stage. It should be noted that complainants have to show that their complaints are non-discriminatory with respect to third countries. Therefore, they have to provide an analysis of the situation of all countries with significant imports with a view of concluding whether such countries' imports are made at injurious volumes and prices and whether such countries' export prices are, prima facie, dumped. The information contained in the complaint showed similar behaviour for Lithuanian and United States exports in this respect. Imports from both countries were allegedly dumped and undercut/undersold the Community industry's prices/costs. Furthermore, the difficult situation of the industry coincided with the increase in imports from both countries concerned, the market shares of which were significant. Given also the analyses of the other possible causes of injury, these imports were found to have contributed to the injury suffered and the initiation of an investigation was therefore warranted.
(4) The Commission officially advised the exporting producers and importers/traders known to be concerned as well as their associations, the representatives of the exporting countries concerned, users, suppliers and the complainant Community producers of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the Notice of Initiation.
(5) A number of parties made their views known in writing. All parties who so requested within the time limit and showed that there were particular reasons why they should be heard were granted the opportunity to be heard orally.
(6) The Commission sent questionnaires to all parties known to be concerned and to all the other companies that made themselves known within the deadlines set out in the Notice of Initiation. Replies were received from the two complaining Community producers, three exporting producers, and their related importers in the Community, seven users and one trader.
(7) The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of dumping, resulting injury and Community interest. Verification visits were carried out at the premises of the following companies:
(A) Exporting producers
- AB Dirbtinis Pluostas, Kaunas, Lithuania,
- Celanese Acetate LLC, Charlotte (NC), United States of America,
- Eastman Chemical Company, Kingsport (TN), United States of America.
(B) Companies related to the exporting producers
- DPI, Milan, Italy,
- Celanese NV, Lanaken, Belgium,
- Eastman Chemical Company BV, Rotterdam, Netherlands.
(C) Community producers
- Industrias del acetato de Celulosa, SA (INACSA), Barcelona, Spain,
- Novaceta SpA, Magenta, Italy.
(D) Users
- Marioboselli Yarns SpA, Garbagnate Monastero, Italy,
- Tessitura Serica A.M. Taborelli srl, Faloppio, Italy.
(8) The investigation of dumping and injury covered the period from 1 October 2000 to 30 September 2001 (investigation period or IP). The examination of trends in the context of the injury analysis covered the period from 1 January 1997 to the end of the IP (period under consideration).
B. PRODUCT CONCERNED AND LIKE PRODUCT
1. Product concerned
(9) The product concerned is certain non-textured artificial filament yarn of cellulose acetate (CAY). CAY is used to make textile fabrics. It is classifiable within CN codes 5403 33 10, 5403 33 90 and 5403 42 00.
(10) The most important characteristics of CAY are the colour, the decitex (weight per length of yarn), and the package (known in the market in the form of cheese, beam or back beam). Nylon or polyester might also be added to the yarn of cellulose acetate. All types of models of the product concerned have the same basic physical and chemical characteristics in spite of the differences in packaging, colour and decitex. Therefore, CAY can be considered as one single product.
2. Like product
(11) The imported products, the Community produced products and the products sold on the market of both exporting countries are similar in their essential physical and technical characteristics and in their uses. They are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation.
C. DUMPING
1. Lithuania
(a) Normal value
(12) For the sole Lithuanian exporting producer, since total domestic sales of the product concerned during the IP represented less than 5 % of export sales to the Community, normal value had to be constructed. In accordance with Article 2(3) of the basic Regulation, normal value was constructed by adding an amount for selling, general and administrative (SG& A) costs and for profit to the exporter's cost of manufacturing. As domestic sales of the product concerned were not representative, and in the absence of any other apparent basis, for the purpose of a preliminary determination of dumping the information contained in the complaint was used for the establishment of SG& A costs and profit, in accordance with Article 2(6)(c) of the basic Regulation.
(b) Export price
(13) For those sales made to independent customers in the Community, the export price was established on the basis of the prices actually paid or payable for the product when sold to the Community, in accordance with Article 2(8) of the basic Regulation.
(14) For sales made via a related importer, the export price was constructed on the basis of resale prices to the first independent customers. Adjustments were made for all costs incurred between importation and resale. These costs included the related importer's SG& A costs and a reasonable profit margin. In order to establish a reasonable profit margin, and in the absence of any cooperating unrelated importer in the current investigation whose profit margin could be used for this purpose, the profit margin net of transport costs established for unrelated importers in another investigation covering the same general category of products (i.e. artificial filament yarns), was used. As a significant part of the exported product was further processed by the related importer through independent subcontractors in the Community before being resold to the first independent customer, the relevant processing costs, which represented a significant percentage of the selling price, were also deducted from the export price.
(c) Comparison
(15) For the purposes of a fair comparison between the normal value and the export price at an ex-works level, due allowance in the form of adjustments was made for differences that were claimed and demonstrated to affect prices and price comparability. These adjustments were made, where appropriate, in respect of discounts and rebates, transport, insurance, handling, loading and ancillary costs, commissions and credit costs in accordance with Article 2(10) of the basic Regulation.
(d) Dumping margin
(16) In accordance with Article 2(11) and (12) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal value with the weighted average export price. The provisional dumping margin expressed as a percentage of the cif Community frontier price duty unpaid, for the exporting producer concerned is:
Dirbtinis Pluostas: 30,8 %.
As the level of cooperation for Lithuania was high, the residual provisional dumping margin was set at the same level as for the cooperating company, i.e. 30,8 %.
2. United States
(a) Cooperation
(17) One of the two United States exporting producers submitted only the sections of the questionnaire relevant to the injury determination. However, the company allowed the Commission services to carry out on-spot verification visits at its premises, as well as the premises of its related importer. The company was warned in accordance with Article 18(6) of the basic Regulation that as a result of its only partial cooperation the dumping findings may be less favourable for it than if it had fully cooperated.
(b) Normal value
(18) For the other exporting producer which cooperated fully, in the absence of profitable domestic sales of the like product during the IP, normal value had to be constructed, in accordance with Article 2(3) of the basic Regulation. Normal value was constructed on the basis of this exporting producer's own cost of manufacturing and SG& A costs. Its own SG& A costs could be used because the domestic sales of the like product made by the exporting producer were representative as defined in Article 2(2) of the basic Regulation. For the profit margin, in the absence of profitable sales in the same general category of products and of any other basis, for the purpose of a preliminary determination of dumping, the information contained in the complaint was used, in accordance with Article 2(6)(c) of the basic Regulation.
(19) In the absence of relevant information from the partially cooperating exporting producer, the normal value for the partially cooperating producer was established on the basis of information obtained from the fully cooperating exporting producer in the United States of America, in accordance with Article 18(1) of the basic Regulation.
(c) Export price
(20) Since all the sales of the two exporting producers were made via related importers, export price was constructed on the basis of the resale prices to independent customers. Adjustments were made for all costs incurred between importation and resale. These costs included the related importer's SG& A costs and a reasonable profit margin. In order to establish a reasonable profit margin, and in the absence of any cooperating unrelated importer in the current investigation whose profit margin could be used for this purpose, the profit margin net of transport costs established for unrelated importers in another investigation covering the same general category of products (i.e. artificial filament yarns), was used. Some of the exports from one exporting producer were further processed by its related importer in the Community. These processing costs were also deducted from the export price.
(d) Comparison
(21) For the purposes of a fair comparison between the normal value and the export price at an ex-works level, due allowance in the form of adjustments was made for differences that were claimed and demonstrated to affect prices and price comparability. These adjustments were made, where appropriate, in respect of physical differences, discounts and rebates, transport, insurance, handling, loading and ancillary costs, commissions and credit costs in accordance with Article 2(10) of the basic Regulation.
(e) Dumping margin
(22) In accordance with Article 2(11) and (12) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal values with the weighted average export price. The provisional dumping margins expressed as a percentage of the cif Community frontier price, duty unpaid, for the exporting producers concerned are:
Celanese Acetate LLC: 84,8 % and
Eastman Chemical Company: 104,8 %.
(23) As the volume of imports from the United States companies which either partially or fully cooperated was high, the provisional residual dumping margin was set at the same level as for the United States company with the highest dumping margin established, i.e. 104,8 %.
D. DEFINITION OF THE COMMUNITY INDUSTRY
(24) Within the Community, the product considered was manufactured by:
- two producers located in Italy and Spain, on behalf of which the complaint was lodged and which fully cooperated in the investigation,
- one producer related to a United States exporter and not supporting the investigation.
(25) Due to a lack of cooperation and therefore a lack of data, the economic operator which is related to a producer in the countries concerned (Celanese) has provisionally been excluded from the definition of the Community industry.
(26) The two cooperating complaining Community producers fulfil the requirements of Article 5(4) of the basic Regulation, since they account for 93 % of Community production of the product concerned. They are therefore deemed to constitute the Community industry within the meaning of Article 4(1) of the basic Regulation.
E. INJURY
(a) Apparent Community consumption
(27) For the calculation of the apparent consumption of the product concerned on the Community market, the Commission added the sales volume of the Community industry and of the other Community producer to the total imports into the Community as shown under CN codes 5403 33 10, 5403 33 90 and 5403 42 00.
(28) On this basis, apparent consumption of the product concerned in the Community decreased from around 38000 tonnes in 1997 to 29000 tonnes in the IP, this means by 24 %.
(29) The drop was particularly marked between 1998 and 1999 (- 28 %), mainly in the aftermath of the Asian crisis which happened in autumn of 1997. Afterwards it partly recovered and consumption was up 6 % between 1999 and the IP. The overall decrease in Community consumption is mainly attributable to the substitution of filament yarn of cellulose acetate by lower-priced polyester yarn as well as final products, directly imported from Asia.
(b) Cumulative assessment of the effects of the imports concerned
(30) The Commission examined whether imports of CAY originating in Lithuania and the United States of America should be assessed cumulatively in accordance with Article 3(4) of the basic Regulation.
(31) The margin of dumping established in relation to the imports from each of the countries concerned was above the de minimis threshold as defined in Article 9(3) of the basic Regulation and the volume of imports from each of these countries was not negligible.
(32) As regards the conditions of competition, the investigation showed that CAY imported from the countries concerned, were alike in all their essential physical and technical characteristics. Furthermore, on that basis, CAY was interchangeable and was marketed in the Community during the period under consideration through comparable sales channels under similar commercial conditions.
(33) It was argued that imports originating in the United States of America should be decumulated from the investigation as the complainants clearly distinguished the effects of imports from the United States of America and Lithuania. Secondly, it was argued that imports from the United States of America are not undercutting domestic prices to the same degree as imports from Lithuania. Thirdly, one exporting producer from the United States of America has decided not to make any future investments in the acetate yarn business. Fourthly, it was argued that the increase in imports from the United States of America is mainly due to the closing of a production facility in the Community and substitution by sales of United States origin. As far as the first argument is concerned, it should be noted that both countries are included in the complaint and both of them are underselling. Secondly, whilst it is true that United States prices are only slightly undercutting, it should however be borne in mind that prices of the Community industry have been depressed to a significant degree and that underselling occurred. As far as the remaining two arguments are concerned, they do not seem to be relevant in the context of the decision on decumulation.
(34) In the light of the above, the Commission services provisionally considered that all the criteria set out in Article 3(4) of the basic Regulation were met and that imports from the countries concerned should therefore be examined cumulatively.
(c) Imports originating in the countries concerned
Volume
(35) The volume of imports of the product concerned originating in Lithuania and the United States of America into the Community increased by 63 % over the period under consideration.
(36) Imports decreased by 13 % between 1997 and 1998. Imports remained practically stable in 1999 despite the fact that consumption in the Community market decreased by 28 % in this year. Subsequently, import volumes more than doubled in 2000 although consumption remained by and large stable during the period 1999-IP.
Market share
(37) Over the period under consideration the share of the Community market held by the dumped imports from the countries concerned increased by 14 percentage points.
(38) The joint market share held by the two countries concerned increased by 14 percentage points during the period under consideration. After a slight decrease in 1998, it increased significantly in 1999 and 2000.
(d) Prices
Price evolution
(39) Between 1997 and the IP, the average cif prices of imports originating in Lithuania and the United States of America decreased by 14 %. The decrease occurred steadily over the period under consideration.
Price undercutting
(40) A comparison for comparable types of the product concerned was made between the exporting producers' and the Community industry's average selling prices in the Community, net of all rebates and taxes to unrelated customers, at the same level of trade (both related importers and the Community industry sell to the same types of users). The prices of the Community industry were at an ex-works level. The constructed cif Community frontier prices of exporting producers of the countries concerned were adjusted for post importation costs, applicable duties (in the case of the United States imports) and a profit margin for importers. However, some of the exports from two exporting producers were further processed by their related importers in the Community. These processing costs were not deducted from the export price for reasons of comparability with the corresponding product types of the Community industry.
(41) This comparison showed that during the IP the products concerned originating in the countries concerned were sold in the Community at prices which undercut the Community industry's prices, when expressed as a percentage of the latter, as follows: Lithuania between 4 % and 8 %, United States of America: between 0 % and around 2 %. The relatively low undercutting margins are not an indication of non-injurious export prices. On the contrary, they are a result of the price depression exerted on the sales prices of the Community industry.
(e) Situation of the Community industry
Preliminary remarks
(42) Pursuant to Article 3(5) of the basic Regulation, the Commission examined all relevant economic factors and indices having a bearing on the state of the Community industry. For reasons of confidentiality, figures are presented in an indexed or approximate form.
Capacity, production and capacity utilisation rate
(43) The production capacity was reduced significantly by 23 % during the period under consideration, mainly as a result of the rationalisation of the production facilities by one of the complaining Community producers. The first reduction of capacity was introduced in 1999 and downsizing continued in the IP.
(44) The production of the Community industry decreased by 28 % during the period under consideration.
(45) After a decrease of 5 % in 1998, production plummeted in 1999 with a drop of 28 %. This was in line with the shrinking market. After stabilisation in 2000, production recovered slightly during the IP. It should be noted that production decreased following the trend of Community industry's decreasing sales.
(46) Given the practically stable production capacity in the period 1997 to 1999, capacity utilisation first followed the same trend as production. After the sharp drop of production in 1999 of 25 %, the Community industry reduced capacity and thereby improved capacity utilisation by 11 % in 2000 and another 13 % during the IP, albeit against the background of an overall capacity reduction.
Inventories
(47) The level of closing stocks of the Community industry evolved as follows:
(48) Stocks decreased by 5 % during the period under consideration but constituted 13 % of the sales volume in 1997 whereas in the IP they accounted for 18 % of the sales volume.
Sales volume and market share
(49) The sales by the Community industry on the Community market decreased by 35 % in terms of volume and by 40 % in terms of value during the period under consideration.
(50) In line with the market, sales to unrelated customers dropped sharply in 1999. While the total consumption in the Community increased after 1999, the Community industry nevertheless sold less during the IP than in the year after the Asian crisis.
(51) The market share held by the Community industry decreased by 15 % over the period under consideration.
(52) The Community industry lost some market share in the year 1999 and incurred a further substantial loss in 2000. In the IP it was able to regain some market share but was still far below the of 1999.
Growth
(53) While the Community consumption decreased by 24 % between 1997 and the investigation period, the sales volume of the Community industry decreased by around 35 %. On the other hand, volume of imports concerned increased by 63 %. The Community industry thus lost 12 percentage points of its market share, whereas the imports concerned managed to increase their market share by 14 percentage points during the same period. This means that the Community industry reduced its presence in the market to an extent exceeding the decline in growth of the market between 1997 and the IP.
Sales prices
(54) The Community producers average net sales price of the product concerned produced and sold in the Community decreased by 6 % between 1997 and the IP.
(55) Sales prices remained practically stable until 1999 and were reduced slightly in 2000 and the IP.
(56) The evolution in prices should be seen in comparison with the evolution of the unit cost of production. In 1999, the unit cost of the Community industry increased by 16 % mainly because of the decrease in production. Due to the restructuring and the dismissal of employees, the unit costs could be reduced gradually. However, they were still 10 % above the 1997 level.
Employment
(57) Between 1997 and the IP, the level of employment of the Community industry decreased by 29 %.
(58) In an effort to increase productivity in order to reduce unit costs, staff was reduced significantly from 1999 onwards. The reduction was particularly marked in 2000 with a decline of 14 %.
Productivity
(59) Between 1997 and 1999 productivity, measured as output per person employed per year, fell by 29 % and improved subsequently due to the restructuring of the Community industry. In the IP it just slightly exceeded the 1997 level.
Wages
(60) Between 1997 and the IP, the average wage per employee increased by 8 %.
(61) After stable wages in 1998 and a slight reduction in 1999, nominal average wages per employee increased to a level that was 8 % higher in the IP than in 1997. It should be noted that total wages paid decreased given the lay off of staff.
Investments
(62) The Community industry's total investments in the product concerned decreased by 42 % between 1997 and the IP.
(63) In 1999 investments plummeted by 55 %, then recovered in the IP by 14 % but were still far below the 1997/1998 level.
Profitability
(64) Over the period under consideration, profitability of sales in the EC to unrelated customers in terms of profit/loss before tax on net sales decreased by 13 to 16 percentage points.
(65) The Community industry was profitable in the years 1997 and 1998 with average profitability between 8 % and 16 %. In the aftermath of the Asian crisis, they incurred losses in the range of 17 % and 12 % of turnover. As a result of the reorganisation, the Community industry just reached profitable levels again in the IP but these still remained far below sustainable profit margins.
Cash flow, return on investment and ability to raise capital
(66) The cash flow generated by the product concerned declined by 84 % during the period under consideration.
(67) The cash flow fell by 32 % in 1998 and a further 47 % in 1999. In 2000, it continued to decline and then stabilised in the IP.
(68) The return on capital employed developed similarly to the profitability and fell by 93 % between 1997 and the IP. The most significant decline occurred in 1999 when the Community industry incurred losses. Due to the reorganisation it improved by 19 % in 2000 and 21 % in the IP.
(69) The investigation has shown that the complaining Community producers were not experiencing difficulties in their ability to raise capital. In this respect, it should be noted that the shareholders of the Community industry decided to support the cellulose acetate business and to provide necessary capital.
Magnitude of dumping margin
(70) As concerns the impact on the Community industry of the magnitude of the actual margin of dumping, given the volume and the prices of the imports from the countries concerned, this impact is substantial.
(f) Conclusion on injury
(71) The examination of the abovementioned factors shows that between 1997 and the IP the situation of the Community industry deteriorated. This resulted in a deteriorating market share (- 12 %), profitability (between - 13 % and - 16 %), cash flow (- 84 %) and return on capital employed (-93 %). There were also negative effects as regards production volume (- 28 %) and sales volume (- 35 %). Staff was reduced by 29 % during the period under consideration. However, part of these negative developments were the result of the contraction in demand. The development in terms of capacity utilisation which looks at first sight positive, should be seen in the light of the decreasing sales and market share and the ensuing adjustment process undertaken by the Community industry in terms of capacity reduction.
(72) In the light of the foregoing it is provisionally concluded that the Community industry has suffered material injury within the meaning of Article 3 of the basic Regulation.
F. CAUSATION
(a) Introduction
(73) In order to reach its conclusions on the cause of the injury suffered by the Community industry and in accordance with Article 3(6) and (7) of the basic Regulation, the Commission services examined the impact of all known factors and their consequences on the situation in that industry. Known factors other than the dumped imports, which could at the same time have injured the Community industry, were also examined to ensure that the possible injury caused by these other factors was not attributed to the dumped imports.
(b) Effects of the dumped imports
(74) Between 1997 and the IP, dumped imports from the countries concerned increased significantly in volume (63 %) and in market share (from 12 % in 1997 to 26 % in the IP). As regards the export prices, they decreased substantially during the whole period under consideration and undercut Community's industry prices during the IP on average by 2,9 %. Moreover, undercutting figures did not show the full impact of the dumped imports, since Community prices were depressed (see recital 54). All this coincided with the deterioration of the situation of the Community industry in terms of price reductions, reduced market shares as well as deteriorating profitability.
(75) Prices of dumped imports were below those of the Community industry throughout the period under consideration and exerted a pressure on them which forced the Community industry to decrease prices in spite of increasing costs of production. It is therefore considered that the dumped imports caused material injury to the Community industry.
(c) Effects of other factors
Performance of other Community producers
(76) One Community producer not supporting the complaint closed its production facility in the beginning of 2002, phasing out production already during the investigation period. Therefore it can be concluded that the products produced and sold by this only other Community producer did not contribute to the injury suffered by the Community industry.
(77) It was submitted that the increase in imports from the United States of America was only due to the lower sales volume by Celanese from its Community production. This argument was provisionally rejected, as the demoralisation of the production was an internal company decision whereas the investigation has to focus on the developments of dumped imports as a whole. Moreover, these dumped imports also coincided with the deterioration of the Community industry's situation.
Self-inflicted injury
(78) It was submitted that the Community industry imported filament yarn of cellulose acetate from the United States of America at low prices thereby inflicting injury upon itself. This purchase was due to timing problems in the production process. Given the small quantity involved (approximately 1 % of total imports from the countries concerned during the IP), it is provisionally concluded that these imports cannot have contributed to the injury suffered by the Community industry.
Adverse exchange rate movements
(79) One exporting producer submitted that adverse currency rates (GBP/EUR) were a major contributing factor to the closure of two production plants of a Community producer in the United Kingdom. Indeed, in the press release announcing the plant closure, exchange rate problems were listed as a reason for the decision. However, after examination this seems to have been a minor factor in a wider context. Furthermore, the production facilities in the United Kingdom constituted only a small part of the Community production whereas most of the production capacity as well as the consumption is located in Italy and Spain. Therefore, it was provisionally concluded that this had only a minor impact on the Community industry, if any.
Contraction of demand
(80) Increased substitution of lower-priced polyester filament yarn for cellulose acetate yarn has occurred in many fabrics, including linings and apparels. In addition, the Community industry as well as the users suffered from competition from downstream products such as fabrics or garments directly imported from the Far East, reinforced after the Asian financial crisis. All parties involved in the proceeding agreed on this aspect. However, the sharp drop of consumption in the Community market occurred between 1998 and 1999 (- 28 %) whilst the imports from the countries concerned remained mainly stable. It was also during that period that the Community industry incurred heavy losses. Subsequently, i.e. in 2000, imports from the countries concerned more than doubled, thereby nearly doubling their market share as well. The consumption in the Community market increased after the Asian crisis by 6 % (1999-IP), whereas the sales volume of the Community industry remained stable during the same period. In terms of sales value, it lost another 6 %. The Community industry adjusted its production capacity as well as the number of employees to the contracted market, but during the IP due to the reduction in its market share, which has been taken over by the dumped imports, it was still only just breaking even. In other words, during the IP the problem for the Community industry was not the contraction in demand (because the industry has adjusted to that already before) but the dumped imports from the countries concerned. It is therefore provisionally concluded that the contraction of demand contributed only to a minor extent to the injury suffered by the Community industry.
Imports from third countries
(81) According to the available information, the total import volume of the product concerned originating in third countries decreased by 62 %, and their market share fluctuated around 1 %. Therefore, they are provisionally considered not to have had a significant impact on the Community industry.
(d) Conclusion on causation
(82) Given the above analysis which has properly distinguished and separated the effects of all known factors on the situation of the Community industry from the injurious effects of the dumped imports, it is provisionally concluded that these other factors as such did not reverse the fact that the material injury found may be attributed to the dumped imports.
(83) It is therefore provisionally concluded that the dumped imports originating in Lithuania and the United States of America have caused material injury to the Community industry within the meaning of Article 3(6) of the basic Regulation.
G. COMMUNITY INTEREST
(84) In order to assess the Community interest, the Commission carried out an investigation into the likely effects of the imposition/non-imposition of anti-dumping measures on the economic operators concerned. Questionnaires were sent to all interested parties known to be concerned, including importers, other Community producers and users known to the Commission services.
(a) Interest of the Community industry
(85) Following an imposition of measures, it is expected that the volume of sales of the product concerned by the Community industry on the Community market would stabilise. This would enable the Community industry to recover lost market shares and, by increasing capacity utilisation, decrease unit production costs and increase productivity. Furthermore, the level of the Community industry's prices would in all likelihood increase moderately as a result. In conclusion, it is expected that the stabilisation in production and sales volume, on the one hand, and the further decrease in unit costs, on the other hand, combined with a moderate price increase, will allow the Community industry to improve its financial situation.
(86) On the other hand, should anti-dumping measures not be imposed, it is likely that the negative trend of the Community industry will continue. The Community industry is particularly marked by a loss of sales volume and market shares and insufficient profitability. Indeed, in view of the decreasing sales volume and the material injury suffered during the IP, it is obvious that the financial situation of the Community industry will deteriorate further in the absence of any measures. This would ultimately lead to further cuts in production, closures of certain production lines and therefore threaten employment and investments in the Community.
(87) Accordingly, it is provisionally concluded that the imposition of anti-dumping measures would allow the Community industry to recover from the injurious dumping.
(b) Interest of unrelated importers/traders in the Community
(88) Questionnaires were sent to nine importers named in the complaint, out of which five declared not to be concerned by the investigation as they did not import from the countries concerned or they did not import the product concerned at all during the IP, one is related to a producer in Lithuania and two declared to be users of the product concerned and accordingly received the corresponding questionnaire for users.
(89) A trader purchasing only from the Community industry was in favour of anti-dumping duties in order to stabilise the market.
(90) Therefore, it can be provisionally concluded that the likely effects of the imposition of anti-dumping measures on unrelated importers/traders would not be significant as no objections were raised.
(c) Interest of the user industry
(91) The main user of the product concerned in the Community is the textile industry producing linings, women's apparel and furnishings. Most of the users are located in Italy and Spain.
(92) Questionnaires were sent to 40 users out of which seven returned a complete questionnaire reply. They represent a total turnover of around EUR105 million and sales of nearly EUR1 million of products incorporating the product concerned. This means that 49 % of their turnover is generated by products incorporating the product concerned. Their purchases of filament yarn of cellulose acetate amounted to 2726 tons which represented 9,5 % of the total consumption in the Community.
(93) In addition, several users sent letters outlining their concerns regarding the possible imposition of anti-dumping duties.
(94) During the period under consideration, profitability of sales of products incorporating the product concerned in terms of profit/loss before taxes on net sales increased from 3,1 % to 5,1 %.
(95) Cellulose acetate presents on average around 27 % of the users' cost of production of products incorporating the product concerned which means that an imposition of a duty would have an impact on their costs of production. As the Community industry still has free capacity and the market might shrink even further, as well as there is also the possibility of sourcing from countries or companies not subject to anti-dumping duty, price increases, if any, are expected to be moderate.
(96) Nearly all users expect a decline in demand for filament yarn of cellulose acetate in the Community in the years to come due to the strong competition from the Far East both from finished products and alternative yarns. Consequently, the importance of the product concerned for users will diminish in the future.
(97) Users expressed quite diverse opinions on the possible imposition of duties. Some users stressed that the low-priced raw material is essential in order to compete with cheap imports of products from Asia using the product concerned as raw material. Other users claimed that the imports destabilise the market and therefore they supported the imposition of measures. Users processing imports from the countries concerned were against measures and users processing EU material were in favour of measures.
(98) Overall, given the diverse views, the user's profitability and the possibility to pass on at least partially price increased in the product concerned, it is provisionally concluded that the imposition of anti-dumping measures will not have serious consequences on the user industry.
(d) Interest of raw material suppliers
(99) The Community industry as well as one exporting producer buy the main raw material, cellulose flakes from sources in the Community. It was submitted that purchases by the Lithuanian exporting producer would come to a halt affecting the company from which it is sourcing its raw material seriously as this company has only a small customer base. As this claim was not substantiated, it was provisionally rejected.
(e) Competition and trade distorting effects
(100) It was submitted that the Community industry had a market sharing agreement and thus inflated prices artificially and that an imposition of a duty would lead to a monopoly of the Italian producer as the capacity of the Spanish producer is limited. As these allegations were not substantiated, they were provisionally rejected.
(f) Consequences for relations with third countries
(101) It has been argued that the imposition of measures is against the Community interest as it will have a negative impact on the Lithuania-EU relations. In this respect, it should be noted that the Community interest test is designed to examine the effect of a possible imposition or non-imposition of anti-dumping measures on the various economic operators in the Community. Therefore, the point raised is not included in the Community interest test.
(g) Conclusion on Community interest
(102) In the light of the above, it is provisionally concluded that no compelling reasons exist against imposing measures in the present case and that the application of measures would be in the interest of the Community.
H. PROVISIONAL MEASURES
(a) Injury elimination level
(103) The level of the provisional anti-dumping measures should be sufficient to eliminate the injurious effect caused to the Community industry by the dumped imports, without exceeding the dumping margins found. When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Community industry to cover its costs and obtain overall a profit before tax that could be reasonably achieved under normal conditions of competition, i.e. in the absence of dumped imports.
(104) On the basis of the information available, it was preliminarily found that a profit margin of 12 % of turnover could be regarded as an appropriate level which the Community industry could be expected to obtain in the absence of injurious dumping, taking into account the average level of profitability obtained by the Community Industry in the period 1997 to 1998 i.e. before the effects of the Asian crisis were felt (see recital 80). It is considered that in these years there was a normal competitive and representative situation on the Community market where Community producers competed normally with imports and where the Community industry, in the absence of injurious dumping, made a normal profit margin which in some cases exceeded the level of 12 %. The necessary price increase was then determined on the basis of a comparison of the weighted average import price, as established for the price undercutting calculations, with the non-injurious price of products sold by the Community industry on the Community market. The non-injurious price has been obtained by adjusting the sales price of the Community industry by the actual loss/profit made during the IP and by adding the abovementioned profit margin. Any difference resulting from this comparison was then expressed as a percentage of the total cif import value.
(105) The injury elimination margins thus established are as follows:
TABLE
(b) Provisional anti-dumping measures
(106) In the light of the foregoing, it is considered that, in accordance with Article 7(2) of the basic Regulation, a provisional anti-dumping duty should be imposed in respect of imports originating in Lithuania and the United States of America at the level of the lower of the injury margins found, as they are lower than the dumping margins.
(107) The levels of the duties proposed are as follows:
TABLE
(108) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the country wide duty applicable to "all other companies") are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to "all other companies".
(109) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission(4) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. The Commission, if appropriate, will, after consultation of the Advisory Committee, amend the Regulation accordingly by updating the list of companies benefiting from individual rates.
I. UNDERTAKINGS
(110) The sole cooperating exporting producer in Lithuania, expressed its willingness to offer an undertaking. However, it was provisionally determined that due to the large number of product types concerned in this case, the complexity of distinguishing between these different product types, and the large variance of the unit price of these product types, the monitoring of an undertaking would be impractical. Therefore, the Commission did not consider that an undertaking would provide a satisfactory solution for the purposes of this determination.
J. FINAL PROVISION
(111) In the interest of a sound administration, a period should be fixed within which the interested parties may make their views known in writing and request a hearing. Furthermore it should be stated that the findings made for the purpose of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive finding,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on imports of certain non-textured artificial filament yarn of cellulose acetate, falling within CN codes 5403 33 10, 5403 33 90 and 5403 42 00 and originating in Lithuania and the United States of America.
2. The rate of the provisional anti-dumping duty applicable to the net-at-Community-frontier price, before duty, for products produced by the following companies shall be as follows:
TABLE
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
4. The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provisions of a security, equivalent to the amount of the provisional duty.
Article 2
1. Without prejudice to Article 20 of Regulation (EC) No 384/96, interested parties may present their views in writing and request a hearing from the Commission within one month of the date of entry into force of this Regulation.
2. Pursuant to Article 21(4) of Regulation No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
Article 1 of this Regulation shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 September 2002.
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Commission Decision
of 26 April 2002
amending Decisions 2001/925/EC, 2002/33/EC and 2002/209/EC to prolong certain protection measures and detailed conditions in relation to classical swine fever in Spain
(notified under document number C(2002) 1501)
(Text with EEA relevance)
(2002/313/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10(4) thereof,
Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(3), and, in particular Article 10(1)(b), Article 11(1)(f), Article 25(3) and Article 29(4) thereof,
Whereas:
(1) Outbreaks of classical swine fever have occurred in Cataluña in Spain.
(2) Spain has taken measures within the framework of Directive 2001/89/EC.
(3) In relation to these outbreaks of disease, the Commission adopted: (i) Decision 2001/925/EC(4), as last amended by Decision 2002/243/EC(5), concerning certain protection measures relating to classical swine fever in Spain; (ii) Decision 2002/33/EC(6), as last amended by Decision 2002/243/EC, on the use of two slaughterhouses, in accordance with Article 10(1)(b) of Council Directive 2001/89/EC, by Spain; and (iii) Decision 2002/209/EC(7) updating the conditions for the granting of authorisation for the removal of pigs from holdings located within the protection and surveillance zones established in Spain in relation to classical swine fever and establishing conditions for the marking and use of pigmeat in application of Article 11 of Council Directive 2001/89/EC.
(4) In the light of the evolution of the epidemiological situation in the concerned area of Spain, it is appropriate to prolong the adopted measures until 31 May 2002.
(5) Decisions 2001/925/EC, 2002/33/EC and 2002/209/EC should therefore be amended accordingly.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
In Article 8 of Decision 2001/925/EC:
(a) the words "20 April" are replaced by the words "20 May 2002";
(b) the words "30 April 2002" are replaced by the words "31 May 2002".
Article 2
In Article 2 of Decision 2002/33/EC the words "30 April 2002" are replaced by the words "31 May 2002".
Article 3
In Article 1 of Decision 2002/209/EC the words "5 March 2002" are replaced by the words "10 April 2002".
In Article 9 of Decision 2002/209/EC the words "30 April 2002" are replaced by the words "31 May 2002".
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 26 April 2002.
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Commission Regulation (EC) No 887/2002
of 28 May 2002
determining the allocation of export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Article 20a of Regulation (EC) No 174/1999
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), as last amended by Commission Regulation (EC) No 509/2002(2),
Having regard to Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products(3), as last amended by Regulation (EC) No 787/2002(4), and in particular Article 20a(11) thereof,
Whereas:
Article 20a of Regulation (EC) No 174/1999 determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country. Applications submitted for the 2002/2003 quota year cover quantities greater than those available. As a result, allocation coefficients should be set for the quantities applied for,
HAS ADOPTED THIS REGULATION:
Article 1
The quantities covered by export licence applications for the products referred to in Article 20a(3) of Regulation (EC) No 174/1999 submitted for the period 1 July 2002 to 30 June 2003 shall be multiplied by the following allocation coefficients:
- 0,607181 for applications submitted for the part of the quota referred to in Article 20a(4)(a) of Regulation (EC) No 174/1999,
- 0,269879 for applications submitted for the part of the quota referred to in Article 20a(4)(b) of Regulation (EC) No 174/1999.
Article 2
This Regulation shall enter into force on 1 June 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 May 2002.
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*****
COUNCIL DECISION
of 17 November 1987
adopting a research and development coordination programme of the European Economic Community in the field of medical and health research (1987 to 1991)
(87/551/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130Q (2) thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 2 of the Treaty assigns to the Community the task, inter alia, of promoting throughout the Community a harmonious development of economic activities, a continuous and balanced expansion and an accelerated raising of the standard of living;
Whereas, by Decision 78/167/EEC (4), as amended by Decision 81/21/EEC (5), and Decisions 78/168/EEC (6) and 78/169/EEC (7), the Council adopted three concerted projects as a first programme in the field of medical and public health research;
Whereas, by Decision 80/344/EEC (8), the Council adopted a second research programme in the field of medical and public health research;
Whereas, by Decision 82/616/EEC (9), the Council adopted a third and sectoral research programme in the field of medical and public health research;
Whereas the fourth research and development programme dealt with by this Decision appears necessary to attain, in the course of the operation of the common market, the objectives of the Community as regards the harmonious development of economic activities, a continuous and balanced expansion and an accelerated raising of the standard of living, account being taken in particular of potential economic and industrial development within the fields covered by the research areas;
Whereas the Member States intend, in accordance with the rules and procedures applicable to their national programmes, to carry out all or part of the research indicated in Annex I, and are prepared to integrate such research into a process of coordination at Community level until 31 December 1991;
Whereas the cost of the research indicated in Annex I, performed in the Member States, is estimated at more than 1 500 million ECU;
Whereas, by Decision 87/516/Euratom, EEC (10), the Council has adopted a framework programme of Community activities in the field of research and technological development (1987 to 1991) providing for research to be undertaken related to the quality of life including health;
whereas Community research in the field of medical and health research has already contributed effectively to the aim of improving safety and protecting health within the objective of improving living and working conditions;
Whereas the European Council in Milan on 28 and 29 June 1985 emphasized the value of launching a European action programme against cancer; whereas, pursuant to the conclusions of further European Councils, the Commission forwarded to the Council a proposal for a 'Europe against cancer' programme for a plan of action (1987 to 1989) towards which the respective research part covered by this Decision would effectively contribute;
Whereas AIDS (Acquired Immune Deficiency Syndrome) is a rapidly increasing transmissible disease of the greatest concern to the public healh authorities of the Member States; whereas, pursuant to the resolution on AIDS of the European Parliament (1) and that of the representatives of the Governments of the Member States, meeting within the Council (2), and to the demand of the European Council in London on 5 and 6 December 1986, the Commission forwarded to the Council a 'communication on the fight against AIDS' in which the respective research part covered by this Decision would represent an integral part;
Whereas, in addition to the target 'AIDS research' newly incorporated in this programme, the Community shall, as foreseen in the communication from the Commission of 11 February 1987, take steps as soon as possible, in conformity with the conclusions adopted by Community Health Ministers on 15 May 1987, to implement a European action programme on 'the fight against AIDS';
Whereas, in addition to the medical AIDS research to be coordinated by the Commission, the main thrust of this action programme will be psychosocial (information, prevention and assistance to HIV carriers);
Whereas the Community is empowered to conclude agreements with non-member States in the fields covered by this Decision; whereas it may prove advisable to associate the non-member States participating in European cooperation in the field of scientific and technical research (COST), wholly or partly with the programme by this Decision; whereas, by Decisions 82/178/EEC (3), 83/224/EEC (4), 83/225/EEC (5), 85/150/EEC (6), 86/71/EEC (7) and 86/233/EEC (8), the Council has concluded or amended such agreements on concerted projects in the field of medical and public health research;
Whereas the Committee of Scientific and Technological Reserch (CREST) has given its opinion on the Commission's proposal,
HAS DECIDED AS FOLLOWS:
Article 1
A research and development coordination programme of the European Economic Community in the field of medical and health research is hereby adopted for a period of five years commencing on 1 January 1987.
The programme shall consist of the coordination at Community level, within the research areas described in Annex I, of those activities which form part of the research programmes of the Member States.
Article 2
The funds estimated as necessary for the Community contribution to the coordination amount to 65 million ECU, including expenditure on a staff of 12. The internal and indicative distribution of these funds is set out in Annex II.
It is anticipated that projects relating to this programme shall be carried out mainly by means of the concerted action method, with the Commission meeting the coordination costs.
In other cases, such as fellowships and support for centralized facilities, a more substantial funding may be provided.
The Committee referred to in Article 3 will be consulted.
Article 3
The Commission shall be responsible for the execution of the programme. It shall be assisted in its tasks by the Management and Coordination Advisory Committee (CGC) on Medical and Health Research, set up by Decision 84/338/Euratom/ECSC/EEC (9).
The Committee may be assisted by 'concerted action committee' (COMAC) composed of experts designated by the competent authorities of the Member States.
Article 4
During the course of its third year, the Commission shall proceed to the evaluation of the programme, having regard to its objectives set out in Annex I. As a result of this evaluation, the Commission may, following the appropriate procedures and after the Committee referred to in Article 3 has been consulted, submit a proposal to revise the programme. The Council and the European Parliament shall be informed of the results of the evaluation.
Article 5
Implementation and coordination of the national contributions to the programme shall be carried out by the national bodies in the list given for guidance in Annex III.
Article 6
In accordance with a procedure to be laid down by the Commission, after having consulted the Committee referred to in Article 3, the participating Member States and the Commission shall regularly exchange all useful information concerning the execution of the research covered by this Decision. The participating Member States and the Commission shall exchange all information relevant for coordination purposes. Member States shall also endeavour to provide the Commission with information on similar research planned or carried out by bodies which are not under their authority. Any information shall be treated as confidential if so required by the Member State which provides it.
On completion of the programme, the Commission, in agreement with the Committee, shall send to the Member States and the European Parliament a summary report on the implementation and results of the programme, particularly so that the results obtained may be accessible as rapidly as possible to the undertakings, institutions and other parties concerned, especially in the social area.
Article 7
1. In accordance with Article 228 of the Treaty, the Council may conclude agreements with the non-member States participating in European cooperation in the field of scientific and technical research (COST) with a view to associating them wholly or partly with this programme.
2. The Commission is hereby authorized to negotiate the agreements referred to in paragraph 1.
Article 8
This Decision shall apply from 1 January 1987 until 31 December 1991.
Done at Brussels, 17 November 1987.
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*****
COMMISSION REGULATION (EEC) No 3559/86
of 20 November 1986
re-establishing the levying of customs duties on woven fabrics of man-made fibres (discontinuous or waste), unbleached or bleached, products of category ex 3 (code 40.0033), originating in Pakistan, to which the preferential tariff arrangements set out in Council Regulation (EEC) No 3600/85 apply
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3600/85 of 17 December 1985 applying generalized tariff preferences for 1986 to textile products originating in developing countries (1), and in particular Article 4 thereof,
Whereas Article 2 of that Regulation provides that preferential tariff treatment shall be accorded, for each category of products subjected to individual ceilings not allocated among the Member States, within the limits of the quantities specified in column 7 of Annex I or II thereto, in respect of certain or each of the countries or territories of origin referred to in column 5 of the same Annexes; whereas Article 3 of that Regulation provides that the levying of customs duties may be re-established at any time in respect of imports of the products in question once the relevant individual ceilings have been reached at Community level;
Whereas, in respect of woven fabrics of man-made fibres (discontinuous or waste), unbleached or bleached, products of category ex 3 (code 40.0033), the relevant ceiling amounts to 5,1 tonnes; whereas on 12 November 1986, imports of the products in question into the Community, originating in Pakistan, a country covered by preferential tariff arrangements, reached and were charged against that ceiling;
Whereas it is appropriate to re-establish the levying of customs duties for the products in quesiton with regard to Pakistan,
HAS ADOPTED THIS REGULATION:
Article 1
As from 25 November 1986, the levying of customs duties, suspended pursuant to Regulation (EEC) No 3600/85, shall be re-established in respect of the following products, imported into the Community and originating in Pakistan:
1.2.3.4.5 // // // // // // Code // Category // CCT heading No // NIMEXE code // Description // // // // // // // (1) // (2) // (3) // (4) // // // // // // 40.0033 // ex 3 // ex 56.07 A // // Woven fabrics of man-made fibres (discontinuous or waste): // // // // // A. Of synthetic textile fibres: // // // // // Woven farics of synthetic fibres (discontinuous or waste), other than narrow woven farics, pile fabrics (including terry fabrics) and chenille fabrics: // // // // 56.07-04, 10, 20, 30, 39, 45 // - Unbleached or bleached // // // // //
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, 20 November 1986.
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COMMISSION DECISION
of 24 June 2005
concerning the financing of studies, impact assessments and evaluations covering the areas of food safety, animal health and welfare and zootechnics
(2005/472/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 20 thereof,
Whereas:
(1)
In accordance with Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field, the Community is to undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.
(2)
Studies, impact assessments as well as systematic and timely evaluations of its expenditure programmes are an established priority for the European Commission (EC), as a means of accounting for the management of allocated funds and as a way of promoting a lesson-learning culture throughout the organisation, particularly in a context of increased focus on results-based management.
(3)
In order to carry out these tasks, a call for tender for an evaluation framework contract covering the policy areas of food safety, animal health and welfare and zootechnics has been launched following an open procedure during the last quarter 2004.
(4)
This framework contract is expected to provide high quality, timely and relevant information which will serve as a basis for Community decision making.
(5)
All individual tasks shall be subject to specific agreements. These agreements shall be signed between the Commission and the selected contractor as defined in the framework contract.
(6)
The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS DECIDED AS FOLLOWS:
Sole Article
The actions described in the Annex to this Decision are approved for the purpose of their financing.
Done at Brussels, 24 June 2005.
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Commission Regulation (EC) No 1220/2002
of 5 July 2002
determining the extent to which applications lodged in June 2002 for import rights in respect of frozen beef intended for processing may be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 995/2002 of 11 June 2002 opening and providing for the administration of an import tariff quota for frozen beef intended for processing (1 July 2002 to 30 June 2003) [1], and in particular the second subparagraph of Article 3(4) thereof,
Whereas:
(1) Article 1(2) of Regulation (EC) No 995/2002 fixes the quantities of frozen beef intended for processing which may be imported under special terms in the period from 1 July 2002 to 30 June 2003.
(2) Article 3(4) of Regulation (EC) No 995/2002 lays down that the quantities applied for may be reduced. The applications lodged for "A" products relate to total quantities which exceed the quantities available. Under these circumstances and taking care to ensure an equitable distribution of the available quantities, it is appropriate to reduce proportionally the quantities applied for. The quantities for "B" products covered by import rights applications are such that import licenses may be granted for the full quantities applied for,
HAS ADOPTED THIS REGULATION:
Article 1
Every application for import rights lodged in accordance with Regulation (EC) No 995/2002 for the period 1 July 2002 to 30 June 2003 shall be granted to the following extent, expressed as bone-in beef:
(a) 88,0903 % of the quantity requested for beef imports intended for the manufacture of "preserves" as defined by Article 1(2)(a) of Regulation (EC) No 995/2002;
(b) 100 % of the quantity requested for beef imports intended for the manufacture of products as defined by Article 1(2)(b) of Regulation (EC) No 995/2002.
Article 2
This Regulation shall enter into force on 6 July 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2002.
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COMMISSION REGULATION (EC) No 1346/97 of 14 July 1997 fixing for the 1997/98 marketing year the minimum price and the amount of production aid for processed tomato products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products (1), and in particular Articles 3 (3) and 4 (9) thereof,
Whereas pursuant to Article 3 (1) of Regulation (EC) No 2201/96 the minimum price to be paid to producers is to be determined on the basis of the minimum price applying during the previous marketing year, the movement of basic prices in the fruit and vegetable sector and the need to ensure the normal marketing of fresh products for the various uses, including supply to the processing industry;
Whereas Commission Regulation (EEC) No 2022/92 (2), which lays down detailed rules of application for the minimum price to be paid to producers for certain tomatoes used in the production of tomato concentrate, juice and flakes on the basis of the soluble dry weight content, should continue to apply;
Whereas Article 4 of Regulation (EC) No 2201/96 lays down the criteria for fixing the amount of production aid; whereas account must, in particular, be taken of the aid fixed or calculated before the reduction provided for in paragraph 10 of that Article for the previous marketing year, adjusted to take account of changes in the minimum price to be paid to producers and the difference between the cost of the raw material in the Community and in the major competing third countries; whereas, in respect of tomato concentrates, preserved whole peeled and unpeeled tomatoes and tomato juices, trends in the volume and prices of imports must be taken into consideration;
Whereas Article 4 (10) of Regulation (EC) No 2201/96 stipulates that the aid fixed for tomato concentrates and their derivatives is to be reduced by 5,37 %; whereas a supplement to the reduced aid is to be paid on the basis of the quantities of tomato concentrate produced for France and Portugal;
Whereas the Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time limit set by his chairman,
HAS ADOPTED THIS REGULATION:
Article 1
For the 1997/98 marketing year the minimum price referred to in Article 3 of Regulation (EC) No 2201/96 to be paid to producers shall be as set out in Annex I.
Article 2
1. For the 1997/98 marketing year the level of production aid referred to in Article 4 of the same Regulation shall be as set out in Annex II.
2. The additional aid for tomato concentrate, juice and flakes as referred to in the second subparagraph of Article 4 (10) of Regulation (EC) No 2201/96 shall be fixed by the Commission if the condition provided for in the said subparagraph is met.
Article 3
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, 14 July 1997.
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COUNCIL DECISION of 18 July 1995 appointing an alternate member of the Committee of the Regions (95/316/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,
Having regard to the Council Decision 94/65/EC of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),
Whereas a seat for an alternate member has become vacant on the Committee of the Regions following the resignation of Mr Pupillo, notified to the Council on 10 May 1995;
Having regard to the proposal from the Italian Government,
HAS DECIDED AS FOLLOWS:
Sole Article
Mr Aldo Bottin is hereby appointed an alternate member of the Committee of the Regions in place of Mr Pupillo for the remainder of the latter's term of office, which runs until 25 January 1998.
Done at Brussels, 18 July 1995.
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COMMISSION REGULATION (EEC) No 1129/93 of 7 May 1993 fixing the minimum import price applicable to certain types of processed cherries during the 1993/94 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (1), as last amended by Regulation (EEC) No 1569/92 (2), and in particular Article 9 (6) thereof,
Whereas, by Council Regulation (EEC) No 3953/92 of 21 December 1992 concerning the arrangements applicable to the import into the Community of products originating in the Republics of Bosnia-Herzegovina, Croatia, Slovenia and the territory of the former Yugoslav Republic of Macedonia (3), and in particular Article 10 thereof;
Whereas Council Regulation (EEC) No 3225/88 (4) fixes general rules for the system of minimum import prices for certain processed cherries;
Whereas, pursuant to Article 9 (2) of Regulation (EEC) No 426/86, minimum import prices are to be determined having regard in particular to:
- the free-at-frontier prices on import into the Community,
- the prices obtained on world markets,
- the situation on the internal Community market,
- the trend of trade with non-member countries;
Whereas a minimum import price should be fixed on the basis of the abovementioned criteria for the 1993/94 marketing year for certain types of processed cherries listed in Annex I (B) to Regulation (EEC) No 426/86; whereas the minimum price thus established must apply to the same products originating in the Republics of Bosnia-Herzegovina, Croatia, Slovenia and the territory of the former Yugoslav Republic of Macedonia, referred to in Regulation (EEC) No 3953/92;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Pursuant to Article 9 (1) of Regulation (EEC) No 426/86 and the second subparagraph of Article 5 (2) of Regulation (EEC) No 3953/92, for each of the products listed in the Annex to this Regulation, the minimum import price applicable during the 1993/94 marketing year shall be as set out in that Annex.
Article 2
This Regulation shall enter into force on 10 May 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 May 1993.
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Commission Directive 2004/21/EC
of 24 February 2004
relating to restrictions on the marketing and use of "azo colourants" (thirteenth adaptation to technical progress of Council Directive 76/769/EEC)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2002/61/EC(1) of the European Parliament and of the Council of 19 July 2002 amending for the nineteenth time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (azocolourants)and in particular Article 2 thereof,
Whereas:
(1) According to Directive 2002/61/EC amending for the nineteenth time Council Directive 76/769/EEC(2) of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of dangerous substances and preparations certain azocolourants are not to be used in textiles and leather articles. Those textiles or leather articles may not be placed on the market unless they conform to the requirements set out in that Directive.
(2) Article 2 of Directive 2002/61/EC requires the adoption of testing methods for the application of point 43 of Annex I to Directive 76/769/EEC.
(3) The European Committee for Standardisation (CEN) has developed testing methods, which should be used for testing textile and leather articles in accordance with the application of point 43 of Annex I to Directive 76/769/EEC.
(4) This Directive should apply without prejudice to Community legislation laying down minimum requirements for the protection of workers, in particular Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(3), and Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC(4)).
(5) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 76/769/EEC is amended as set out in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, these 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 that of its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 24 February 2004.
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*****
COMMISSION REGULATION (EEC) No 1680/87
of 16 June 1987
amending Regulation (EEC) No 1726/84 as regards the time limit for the entry into storage of butter sold under Regulations (EEC) No 262/79 and (EEC) No 3143/85
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 773/87 (2), and in particular Article 6 (7) thereof,
Whereas under Article 1 of Commission Regulation (EEC) No 262/79 of 12 February 1979 on the sale of butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs (3), as last amended by Regulation (EEC) No 665/86 (4), the butter put up for sale must have entered into storage before a date to be determined; whereas the same procedure is to be followed for the sale of butter under the regime laid down by Commission Regulation (EEC) No 3143/85 (5), as last amended by Regulation (EEC) No 1096/87 (6); whereas, in view of the level of butter stocks, the dates specified in Article 1 of Commission Regulation (EEC) No 1726/84 (7), as last amended by Regulation (EEC) No 1257/87 (8), determining the time limit for the entry into storage of butter sold pursuant to Regulations (EEC) No 262/79 and (EEC) No 3143/85, should be altered;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 1726/84 is hereby amended as follows:
1. In the first subparagraph of Article 1, '1 January 1985' is hereby replaced by '1 January 1986'.
2. In the second subparagraph of Article 1, '1 January 1985' is hereby replaced by '1 July 1985'.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 1987.
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COMMISSION DECISION of 13 December 1995 authorizing a method for grading pig carcases in Austria (Only the German text is authentic) (96/4/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149 thereof,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), as last amended by Regulation (EC) No 3513/93 (2), and in particular Article 5 (2) thereof,
Whereas Article 2 (3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; whereas the authorization of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; whereas this tolerance has been defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (3), as amended by Regulation (EC) No 3127/94 (4);
Whereas the Austrian Government has requested the Commission to authorize the use of a single method of grading pig carcases on its territory and has submitted for this purpose the information required in Article 3 of Regulation (EEC) No 2967/85 before its amendment by Regulation (EC) No 3127/94; whereas the authorization of that method of grading as a transitional method applicable until 31 December 1997 is justified for the purposes of facilitating the transition from Austria's current grading system to the Community system;
Whereas no modification of the grading method may be authorized except by means of a Commission decision adopted in the light of experience gained; whereas, for this reason, the present authorization may be revoked;
Whereas Article 2 of Regulation (EEC) No 3220/84 lays down that Member States may be authorized to provide for a presentation of pig carcases different from the standard presentation defined in the same Article where commercial practice or technical requirements warrant this;
Whereas in Austria the technical requirements relating to the use of the grading method and, consequently, commercial practice, necessitate the attachment of the flare fat, kidneys and diaphragm to the carcase; whereas this should be taken into account in adjusting the weight recorded to the weight for standard presentation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:
Article 1
Use of the assessment method known as the 'Zwei-Punkte-Meßverfahren (ZP)`, details of which are given in the Annex hereto, is hereby authorized as the only method for the grading of pig carcases in Austria in accordance with Regulation (EEC) No 3220/84.
Article 2
No modification of the assessment method (site of measurement or formula) shall be authorized.
Article 3
Notwithstanding the standard presentation referred to in Article 2 of Regulation (EEC) No 3220/84, the pig carcases can be presented with the flare fat, kidneys, and diaphragm when being weighed and graded. In order to establish quotations for pig carcases on a comparable basis, the recorded hot weight shall be decreased by 2,3 %.
Article 4
This Decision is addressed to the Republic of Austria.
It shall apply until 31 December 1997.
Done at Brussels, 13 December 1995.
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COMMISSION REGULATION (EC) No 1557/2005
of 23 September 2005
determining the extent to which applications lodged in September 2005 for import licences under the regime provided for by tariff quotas for certain products in the pigmeat sector for the period 1 October to 31 December 2005 can be accepted
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 1458/2003 of 18 August 2003 opening and providing for the administration of tariff quotas for certain products in the pigmeat sector (1), and in particular Article 5(6) thereof,
Whereas:
(1)
The applications for import licences lodged for the fourth quarter of 2005 are for quantities less than the quantities available and can therefore be met in full.
(2)
The surplus to be added to the quantity available for the following period should be determined,
HAS ADOPTED THIS REGULATION:
Article 1
1. Applications for import licences for the period 1 October to 31 December 2005 submitted pursuant to Regulation (EC) No 1458/2003 shall be met as referred to in Annex I.
2. For the period 1 January to 31 March 2006, applications may be lodged pursuant to Regulation (EC) No 1458/2003 for import licences for a total quantity as referred to in Annex II.
Article 2
This Regulation shall enter into force on 1 October 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 September 2005.
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COMMISSION REGULATION (EC) No 1257/2004
of 7 July 2004
prohibiting fishing for blue whiting by vessels flying the flag of a Member State
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (1), as last amended by Regulation (EC) No 1954/2003 (2), and in particular Article 21(3) thereof,
Whereas:
(1)
Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required lays down quotas for blue whiting for 2004 (3).
(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 division Vb (Faroese waters) by vessels flying the flag of a Member State or registered in a Member State have exhausted the quota allocated for 2004. The Community has prohibited fishing for this stock from 29 April 2004. This date should be adopted in this Regulation also,
HAS ADOPTED THIS REGULATION:
Article 1
Catches of blue whiting in the waters of ICES division Vb (Faroese waters) by vessels flying the flag of a Member State or registered in a Member State are hereby deemed to have exhausted the quota allocated to the Community for 2004.
Fishing for blue whiting in the waters of ICES division Vb (Faroese waters) by vessels flying the flag of a Member State or registered in a Member State is hereby prohibited, as are the retention on board, transshipment 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 that of its publication in the Official Journal of the European Union.
It shall apply from 29 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 July 2004.
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*****
COMMISSION DECISION
of 5 March 1987
on the improvement of agricultural structures in the Netherlands pursuant to Council Regulation (EEC) No 797/85
(Only the Dutch text is authentic)
(87/193/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (1), as last amended by Regulation (EEC) No 2224/86 (2), and in particular Article 25 (3) thereof,
Whereas on 19 November and 8 December 1986, the Netherlands Government notified, pursuant to Article 24 (4) of Regulation (EEC) No 797/85:
- Decree No J 4765 of 8 September 1986 amending the Decree on the aids granted to less-favoured areas,
- the Decision of 16 October 1986 of the Board of the Foundation administering the Agricultural Development and Reorganization Fund, amending Decision No 352 of the Board adopting the Order on the improvement of agricultural structures;
Whereas, under Article 25 (3) of Regulation (EEC) No 797/85, the Commission has to decide whether, in the light of the above communications, the provisions adopted in the Netherlands pursuant to Titles I and III of Regulation (EEC) No 797/85 continue to satisfy the conditions for a financial contribution by the Community;
Whereas, moreover, the Commission reserved the right in its Decision 86/117/EEC (3), to check whether the provisions taken in Decision No 352 of the Board adopting the Order on the improvement of farm structures continue to satisfy the objectives of Title I of Regulation (EEC) No 797/85;
Whereas, in the light of the situation on the markets in agricultural products and the Development of the common agricultural policy, the system of aid for investments provided for in Decision No 352 must be regarded as meeting the objectives of Regulation (EEC) No 797/85;
Whereas the measures laid down by the provisions notified on 19 November and 8 December 1986 satisfy the conditions of Regulation (EEC) No 797/85;
Whereas the European Agricultural Guidance and Guarantee Fund (EAGGF) Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
HAS ADOPTED THIS DECISION:
Article 1
The measures adopted in the Netherlands pursuant to Titles I and III of Regulation (EEC) No 797/85 and referred to in the recitals continue to satisfy the conditions for a financial contribution by the Community towards the common measure referred to in Article 1 of that Regulation.
Article 2
This Decision is addressed to the Netherlands.
Done at Brussels, 5 March 1987.
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COMMISSION REGULATION (EC) No 1186/2008
of 28 November 2008
fixing the import duties in the cereals sector applicable from 1 December 2008
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,
Whereas:
(1)
Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.
(2)
Article 136(2) of Regulation (EC) No 1234/2007 lays down that, for the purposes of calculating the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.
(3)
Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.
(4)
Import duties should be fixed for the period from 1 December 2008 and should apply until new import duties are fixed and enter into force.
(5)
However, in accordance with Commission Regulation (EC) No 608/2008 of 26 June 2008 temporarily suspending customs duties on imports of certain cereals for the 2008/2009 marketing year (3), the application of certain duties set by this Regulation is suspended,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 December 2008, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.
Article 2
This Regulation shall enter into force on 1 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2008.
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COMMISSION REGULATION (EC) No 2149/2004
of 16 December 2004
opening tariff quotas for 2005 for imports into the European Community of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular Article 7(2) thereof,
Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Kingdom of Norway concerning Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular Article 2 thereof,
Whereas:
(1)
The Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway provides in point III for annual tariff quotas for imports of certain goods originating in Norway. It is necessary to open these quotas for 2005.
(2)
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 Common Customs Code (3) lays down rules for the management of tariff quotas. It is appropriate to provide that the tariff quotas opened by this Regulation are to be managed in accordance with those rules.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for horizontal questions concerning trade in processed agricultural products not listed in Annex I,
HAS ADOPTED THIS REGULATION:
Article 1
The Community tariff quotas for the goods originating in Norway which are listed in Annex shall be opened for 1 January to 31 December 2005.
Article 2
The Community tariff quotas referred to in Article 1 shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall be applicable from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2004.
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COUNCIL DECISION of 29 October 1993 introducing a Community system of information on home and leisure accidents (93/683/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the establishment of a Community system of information on home and leisure accidents forms a component part of a consumer protection policy; whereas its importance in this respect can be seen from the fact that the data collected in pursuance of the demonstration project set up by Decision 86/138/EEC (4) are being put to specific uses by several Member States for the adoption of measures in the area of product safety;
Whereas the completion of the internal market has increased the circulation of products within the Community; whereas, in order to identify the products involved in accidents and the combination of circumstances which might lead to these accidents, it is desirable for national authorities to have sufficiently homogeneous instruments so that the conclusions of one Member State can, where appropriate, be used for other Member States as well as at Community level;
Whereas, although the management of consumer safety is primarily the responsibility of each Member State, Community financial involvement can help the Member States to overcome the problems of the actual collection of data at national level; whereas the Commission must therefore provide coordination and contribute to the homogeneous implementation of activities conducted at national level by promoting the dissemination of information on home and leisure accidents to all the competent authorities;
Whereas a Community framework and Community financial assistance are necessary to avoid major distortions, since a number of Member States would not have the necessary resources to obtain by themselves the data on home and leisure accidents which help to establish a policy on consumer protection;
Whereas steps should be taken to ensure the overall quality of the data by the use of homogeneous basic methods and, in the context of the internal market and Council Directive 92/59/EEC of 29 June 1992 on general product safety (5) to make it possible for all Member States to collect the information needed for the monitoring of the products involved in accidents; whereas such data must normally be obtained from hospital casualty departments, but alternative sources may be accepted under certain conditions;
Whereas the Community aspects of the collection of data oblige the Member States to use a homogeneous methodology for the collection and production of information for transmission to the Commission; whereas this constraint is not disproportionate to the objective pursued; whereas, by its very nature, this system is not appropriate to serve as statistical proof, a fact which should be pointed out each time the system is referred to;
Whereas the provision of specific information by the Member States, at the Commission's request, on products or groups of products involved in accidents is necessary for the development of a Community policy on product safety;
Whereas the Member States must also be in a position to make a summary report to the Commission; whereas the conclusions drawn by the Member States in those reports should make it possible for the Commission, in concert with the Member States, to determine what action should be taken at Community level;
Whereas, finally, the introduction of an information system on home and leisure accidents appears, under these conditions, to be necessary at Community level, to support and complement the policy carried out by the Member States in this important area to achieve a high level of consumer protection and it does not exceed what is necessary to promote the prevention of such accidents; it is therefore consonant with the principle of subsidiarity;
Whereas an amount of ECU 2,5 million is estimated necessary to finance such a system during 1993; whereas this amount should come within the existing Community financial framework;
Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,
HAS ADOPTED THIS DECISION:
Article 1
1. A Community system of information on home and leisure accidents, hereinafter referred to as 'the system', is hereby set up for a period of one year; the specifications and operating procedures of the system shall be as set out in Annex I.
2. The system's objectives shall be to collect data on home and leisure accidents with a view to promoting accident prevention, improving the safety of consumer products and informing and educating consumers so that they make better use of products.
3. This Decision shall not apply to industrial accidents, nor to road, rail, sea or air traffic accidents.
Article 2
1. Member States shall be responsible for implementing the system. They shall process directly the data collected and submit to the Commission a report containing summaries and evaluations at national level of the results obtained, and the conclusions they draw from those results.
2. Member States shall supply the Commission, at its request, with available data on the safety of certain products, or specific categories of products, involved in home and leisure accidents and the circumstances surrounding such accidents.
3. Member States shall designate the authority or authorities responsible for the collection and transmission of such data and shall inform the Commission of the names and addresses of those authorities.
4. In the interests of transparency in the use of Community funds, each Member State shall ensure appropriate publication of the report referred to in paragraph 1.
Article 3
1. The Commission shall promote compatibility of the methodologies applied in the Member States, paying particular attention to improving the homogeneity of the data definitions and classifications and also with regard to the data-collection basis and the national reports on the processing of the data.
2. The Commission shall help finance implementation of the system in the Member States, in accordance with the procedures laid down in Annex II.
3. The Commission shall process, summarize and publish the data received from the Member States and shall disseminate them in an appropriate manner at Community level.
It shall draw up a report in cases where the data supplied by the Member States are, in its opinion, incompatible with the methodology and the operating procedures referred to in Annex I or where the Member States have failed to supply the data referred to in Article 2 (1) and (2).
Article 4
1. The Commission and the Member States shall ensure that, in the course of the collection and forwarding of information, all identifying details or those which enable identities to be deduced are removed so that the identities of victims remain confidential.
2. Any referenced use of data in the Member States in official publications shall be accompanied by the following statement: 'The Community system of information on home and leisure accidents provides only general indications and cannot be regarded as statistical proof of the safety or lack of safety of a given product.'
Article 5
The Community financial resources estimated necessary for implementing the system shall be ECU 2,5 million for 1993.
The amount shall fall within the current financial perspective.
The budget authority shall determine the appropriations available taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European Communities.
Article 6
The Commission shall draw up a final report on the implementation and effectiveness of the system as soon as possible after 31 December 1993.
In drawing up its report, the Commission shall take due account of experience gained from previous assessments and pay particular attention to the following:
- the timeliness, quality and comparability of the data provided by the Member States,
- the need to adjust existing codes and to adopt new codes and common coding principles, taking into account the increasing number of new products,
- the ease of access to information,
- the enhanced value of the data to the Member States and the Community,
- the distribution of hospitals between the Member States.
The report shall be submitted to the European Parliament, the Council and the Economic and Social Committee.
Article 7
This Decision shall apply from 1 January 1993.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 29 October 1993.
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*****
COMMISSION DECISION
of 20 June 1983
establishing that the apparatus described as 'SLM - Spectrofluorometer, model SLM 4800S' may not be imported free of Common Customs Tariff duties
(83/324/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1), as last amended by Regulation (EEC) No 608/82 (2),
Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,
Whereas, by letter dated 13 December 1982, the Federal Republic of Germany requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'SLM - Spectrofluorometer, model SLM 4800S', ordered in March 1980 and intended to be used for the studies of the structure of proteins and the measurement of the life times of the fluorescent states of excited molecules in proteins and nucleic acids or nucleotides in the subnanosecond region, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;
Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 30 May 1983 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the apparatus in question is a spectrofluorometer; whereas its objective technical characteristics, such as the very high resolution power, and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;
Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus 'SP-7X' and 'SP-8X' manufactured by Applied Photophysics Ltd, 20 Albemarle Street, UK-London W1X 3HA,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as 'SLM - Spectrofluorometer, model SLM 4800S', which is the subject of an application by the Federal Republic of Germany of 13 December 1982, may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 20 June 1983.
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COUNCIL REGULATION (EEC) No 1929/92 of 10 July 1992 opening, allocating and providing for the administration of a Community tariff quota for rum, tafia and arrack originating in the African, Caribbean and Pacific (ACP) States (1992 to 1993)
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 Fourth ACP-EEC Convention entered into force on 1 September 1991 (1);
Whereas Protocol 6 to that Convention provides that products originating in the African, Caribbean and Pacific (ACP) States which fall within CN codes 2208 40 10, 2208 40 90, 2208 90 11 and 2208 90 19 shall, until the entry into force of a common organization of the market in spirits, be allowed into the Community free of customs duties under conditions such as to permit the development of traditional trade flows between the ACP States and the Community and between the Member States; whereas the Community shall until 31 December 1993 fix each year the quantities which may be imported free of customs duties on the basis of the largest quantities imported annually from the ACP States into the Community in the past three years for which statistics are available, increased, until 31 December 1992, by an annual growth rate of 37 % on the market of the United Kingdom and 27 % on the other markets of the Community;
Whereas, by virtue of Council Regulation (EEC) No 1820/87 of 25 June 1987 concerning the application of Decision No 2/87 of the ACP-EEC Council of Ministers on the advance implementation of the Protocol to the Third ACP-EEC Convention consequent on the Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities (2), provision is made for special arrangements for the quota duties to be applied by those two Member States until 31 December 1992;
Whereas those two Member States will apply the quota duty indicated in Article 1 as from 1 January 1993; whereas, by reason of the characteristics peculiar to the market in rum, the quota period ranges from 1 July to 30 June;
Whereas, having regard to the levels reached by imports of the products concerned into the Community during the past three years for which statistics are available, the annual quota volume for the period from 1 July 1992 to 30 June 1993 must be fixed at 214 268 hectolitres of pure alcohol;
Whereas although this volume is calculated on the basis of the reference year 1991, that is, for an amount of 184 402 hectolitres of pure alcohol, it is appropriate for reasons inherent in the rum market to take only the second six months of 1991 as a basis for calculating the specific growth rates applicable until 31 December 1992, namely, 104 111 hectolitres of pure alcohol, 17 562 hectolitres of which were imported by the United Kingdom and 86 549 hectolitres by the other Member States; whereas the quota volume for the second six months of 1992 must accordingly be fixed at 133 977 hectolitres of pure alcohol;
Whereas the quota volume calculated for the first six months of 1993 should not be increased but should be fixed at the same amount as applied in the last corresponding quota period for which statistics are available, that is the first six months of 1991, for which the amount is 80 291 hectolitres of pure alcohol;
Whereas it is in particular necessary to ensure to all Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the products concerned into all Member States until the quota has been used up;
Whereas, following the case-law of the Court of Justice, it is unlawful to allocate the Community quotas between the Member States, unless overriding circumstances of an administrative, technical or economic nature prevent acting otherwise; whereas, in addition, in cases where it is decided to allocate quotas, a mechanism should be set up whereby the integrity of the Common Customs Tariff may be protected;
Whereas the economic difficulties which could result for the French overseas departments (FOD) from the sudden change in the arrangements for importing rum from the African, Caribbean and Pacific (ACP) States constitute circumstances having a binding effect which justify the temporary and partial maintenance of these arrangements; whereas, however, the arrangements for allocation of the quota into national shares should be phased out, being justified only on a transitional basis, and whereas they should in any event definitively disappear as from 1 January 1993;
Whereas, in these circumstances, it is advisable to increase to 80 % the volume of the Community reserve by means of a system for the automatic transfer of Member State share to the reserve as soon as 80 % of the latter has been used up; whereas any quantities allocated to Member States from the quota volume which have not been used up by 1 January 1993 should also be returned to the reserve;
Whereas, during the past three years for which statistical data are available, imports from Member States have been as follows:
(in hectolitres of pure alcohol)
Member State 1989 1990 1991 Benelux 7 621 9 339 13 229 Denmark 1 748 2 404 1 602 Germany 48 591 50 451 62 242 Greece 586 5 699 6 014 Spain 156 9 514 22 916 France 19 - - Ireland 2 973 2 282 2 783 Italy 431 54 9 947 Portugal - - 124 United Kingdom 83 773 70 436 65 545 Total 145 898 150 179 184 402
Whereas, in view of these factors, of market forecasts for the products in question and of the estimates submitted by certain Member States, quota shares may be fixed approximately at the following percentages:
Benelux 6,30
Denmark 1,20
Germany 33,56
Greece 2,55
Spain 6,80
France -
Ireland 1,68
Italy 2,18
Portugal -
United Kingdom 45,73;
Whereas provision should be made for a mechanism to prevent, when the Community quota is not exhausted, goods from being imported into a Member State which has exhausted its share only after the full application of customs duties, or after having been diverted to another Member State which has not yet exhausted its share; whereas, in these circumstances, if, during the period from 1 July to 31 December 1992, the Community reserve were to be almost entirely used up, Member States should return to the said reserve all of the unused portion of their initial shares so as to avoid part of the Community tariff quota from remaining unused in one Member State, when it could be used in others;
Whereas measures should be laid down to ensure that Protocol 6 is implemented under conditions such as to permit the development of traditional trade flows between the ACP States and the Community, on the one hand, and between the Member States on the other;
Whereas this form of administration requires close collaboration between the Member States and the Commission, and the Commission must be able to keep account of quota utilization rates and inform the Member States accordingly;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quotas may be carried out by any one of its members,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 1 July 1992 to 30 June 1993 the following products originating in the ACP States shall be imported duty-free into the Community within the limits of the relevant Community tariff quota mentioned:
Order No CN code Description Quota Volume
(in hl of pure
alcohol) Quota duty 09 1605 2208 40 10
2208 40 90
2208 90 11
2208 90 19 Rum, tafia and arrack 214 268 Free
2. Within the limit of this quota and until 31 December 1992, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the 1985 Act of Accession and Regulation (EEC) No 1820/87. The customs duty indicated in paragraph 1 shall be applied by these two Member States with effect from 1 January 1993.
Article 2
1. From 1 July until 31 December 1992, the tariff quota referred to in Article 1 shall be divided into two instalments.
2. A first instalment of 42 853 hectolitres of pue alcohol shall be allocated amongst certain Member States; the shares which, subject to Article 4, shall apply until 31 December 1992, amount to the following quantities:
(hectolitres of
pure alcohol) Benelux 2 699 Denmark 514 Germany 14 382 Greece 1 092 Spain 2 914 France - Ireland 720 Italy 935 Portugal - United Kingdom 19 593.
3. A second instalment of 171 415 hectolitres of pure alcohol shall constitute the Community reserve.
4. If the products concerned are presented in the other Member States along with a declaration of entry into free circulation accepted by the customs authorities, the Member State concerned shall inform the Commission and draw a corresponding amount pursuant to Article 3.
5. Without prejudice to Article 4, the Member States referred to in paragraph 2 shall return immediately to the reserve any quantity of the quota shares allocated to them when the quota volume was divided up which, on 1 January 1993, are unused.
Article 3
If a Member State's initial share as specified in Article 2 (2) has been used up entirely, the following provisions shall apply.
If an importer presents, in a Member State, a declaration as to entry into free circulation comprising a request for preferential treatment for a product covered by this Regulation, and this declaration is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the reserve referred to in Article 2 (3).
Requests to draw on the reserve together with the date of acceptance of the said declaration must be forwarded to the Commission without delay.
Drawings shall be granted by the Commission on the basis of the date of acceptance of goods for entry into free circulation by the customs authorities of the Member State concerned, provided a sufficient amount remains in the reserve.
If a Member State does not use the quantities drawn, it shall return them to the reserve as soon as possible.
If requests for drawings exceed the amount remaining in the reserve, an allocation shall be made pro rata. The Member States shall be so informed by the Commission.
Article 4
Once at least 80 % of the reserve as defined in Article 2 (3) has been used up the Commission shall inform the Member States thereof.
It shall also notify Member States in this case of the date from which drawings on the Community reserve must be made according to the provisions laid down in Article 3, if these provisions are not already in effect.
Within a time limit fixed by the Commission as from the date referred to in the second subparagraph, Member States shall be required to return to the reserve all their initial shares which have not been used on that date.
Article 5
The Commission shall keep an account of the shares opened to the Member States pursuant to Articles 2 and 3 and shall, as soon as it has been notified, inform each State of the extent to which the reserves have been used up.
It shall inform the Member States of the volume of the reserve following any return of quota shares pursuant to Article 4.
Article 6
Each Member State shall ensure that importers of the products concerned have free access to the quota for such time as the residual balance of the quota volumes so permit.
Article 7
The Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.
Article 8
Council Regulation (EEC) No 3705/90 of 18 December 1990 on the safeguard measures provided for in the Fourth ACP-EEC Convention (3) shall apply to the products referred to in this Regulation.
Article 9
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 from 1 July 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 1992.
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*****
COMMISSION REGULATION (EEC) No 332/87
of 2 February 1987
fixing for the 1987 marketing year the reference prices for cucumbers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal,
Having regard to Council Regulation (EEC) No 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 1351/86 (2), and in particular Article 27 (1) thereof,
Whereas, under Article 23 (1) of Regulation (EEC) No 1035/72, reference prices valid for the whole Community are to be fixed at the beginning of the marketing year;
Whereas cucumbers are produced in such quantities in the Community that reference prices should be fixed for them;
Whereas cucumbers harvested during a given crop year are marketed from January to December;
Whereas the quantities harvested during January and the first 10 days of February and during the last 20 days of November and December are so small that there is no need to fix reference prices for all the year; whereas reference prices should be fixed only for the period 11 February up to and including 10 November;
Whereas, Article 23 (2) (b) of Regulation (EEC) No 1035/72 stipulates that reference prices are to be fixed at the same level as for the preceding marketing year, adjusted, after deducting the standard cost of transporting Community products between production areas and Community consumption centres in the preceding year, by:
- the increase in production costs for fruit and vegetables, less productivity growth, and
- the standard rate of transport costs in the current marketing year;
Whereas the resulting figure may nevertheless not exceed the arithmetic mean of producer prices in each Member State plus transport costs for the current year, after this amount has been increased by the rise in production costs less productivity growth; whereas the reference price may, however, not be lower than in the preceding marketing year;
Whereas, to take seasonal variations into account, the year should be divided into several periods and a reference price fixed for each of these periods;
Whereas producer prices are to correspond to the average of the prices recorded on the representative market or markets situated in the production areas where prices are lowest, during the three years prior to the date on which the reference price is fixed, for a home-grown product with defined commercial characteristics, being a product or variety representing a substantial proportion of the production marketed over the year or over part thereof and satisfying specified requirements as regards market preparation; whereas, when the average of prices recorded on each representative market is being calculated, prices which could be considered excessively high or excessively low in relation to normal price fluctuations on that market are to be disregarded;
Whereas, in accordance with Articles 140 (2) and 272 (3) of the Act of Accession, the prices of Spanish and Portuguese products will not be used for the purpose of calculating reference prices, during the first phase in the case of Spain and during the first stage in the case of Portugal;
Whereas Community produced cucumbers are grown mainly under glass; whereas the reference prices for the marketing year must therefore be fixed for a product of that type; whereas cucumbers imported from certain third countries during the same period will have been grown in the open; whereas, although such cucumbers may be classed in class I, their quality and price are not comparable with those of products grown under glass; whereas the prices for cucumbers not grown under glass should therefore be adjusted by a conversion factor;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the 1987 marketing year, the reference prices for cucumbers (subheading 07.01 P I of the Common Customs Tariff), expressed in ECU per 100 kilograms net of packed products of class I, of all sizes, shall be as follows:
- February (from 11 to 20): 142,67
(from 21 to 28): 122,42
- March: 112,14
- April: 92,76
- May: 76,12
- June: 63,76
- July: 47,29
- August: 47,66
- September: 56,42
- from 1 October to 10 November: 80,79
2. For the purpose of calculating the entry price, the prices for cucumbers, not produced under glass, imported from third countries shall, after deduction of customs duties, be multiplied by the following conversion factors:
- from 11 February to 30 September: 1,30,
- from 1 October to 10 November: 1,00.
Article 2
This Regulation shall enter into force on 11 February 1987.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 1987.
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COUNCIL REGULATION (EEC, EURATOM, ECSC) No 495/77
of 8 March 1977
determining the categories of officials entitled to, and the conditions for and rates of, allowances for regular stand-by duty
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Staff Regulations of officials and the conditions of employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 3178/76 (2), and in particular the second paragraph of Article 56b of the Staff Regulations,
Having regard to the proposal from the Commission,
Whereas it is for the Council, acting on a proposal from the Commission, to determine the categories of officials entitled to, and the conditions for and rates of, allowances which may be granted to officials who are regularly required to carry out stand-by duty at the place of employment or at home outside normal working hours,
HAS ADOPTED THIS REGULATION:
Article 1
1. Officials paid from appropriations in the research and investment budget and employed in an establishment of the Joint Research Centre or on indirect action, or paid from appropriations in the operating budget and employed to run or supervise technical installations or to work in the medical service, shall be entitled to an allowance when they are regularly required to carry out stand-by duty in accordance with Article 56b of the Staff Regulations.
The allowance shall be determined as follows :
(a)
the allowance shall be expressed in points. A point shall be equal to 0·032 % of the basic salary of an official in Grade D4, step 1. The allowance shall be adjusted by the weighting applicable to the official's remuneration ;
(b)
the number of points per hour of actual stand-by duty shall be :
-
for stand-by duty at the place of employment : 11 for working days and 22 for Saturdays, Sundays and public holidays ;
-
for stand-by duty at home : 2·15 for working days and 4·3 for Saturdays, Sundays and public holidays.
2. No allowance shall be granted for stand-by duty at home if the actual period of duty does not amount to at least 14 hours.
3. An official who can show that for a period not exceeding one month he was prevented from doing stand-by duty at the place of employment as a result of illness or accident, or because he was on annual leave, shall retain his entitlement to the allowance. If he is prevented from doing stand-by duty for more than one month owing to sickness or accident, his entitlement to the allowance shall be suspended at the end of the first month until he resumes work.
For the period referred to in the previous subparagraph, the official shall be entitled to an allowance of 42 points for each day of absence due to sickness or accident for which he has a medical certificate, or for each day of annual leave.
Article 2
This Regulation shall apply by analogy to temporary, auxiliary and establishment staff.
Article 3
In April each year, the Commission shall submit to the Council a report on the number of officials and servants in each category who have received the allowance referred to in this Regulation.
Article 4
Council Regulation (Euratom) No 1371/72 of 27 June 1972 determining the rates and conditions of the special allowances which may be granted to officials or servants who are paid from appropriations in the research and investment budget and employed in an establishment of the Joint Research Centre or on indirect action, for certain services of a special nature (3), is hereby repealed.
Article 5
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 March 1977.
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Commission Regulation (EC) No 329/2003
of 20 February 2003
concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1582/2002
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2),
Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(3), as last amended by Regulation (EC) No 1163/2002(4), as amended by Regulation (EC) No 1324/2002(5), and in particular Article 4 thereof,
Having regard to Commission Regulation (EC) No 1582/2002 of 5 September 2002 on a special intervention measure for cereals in Finland and Sweden(6), as amended by Regulation (EC) No 2329/2002(7), and in particular Article 8 thereof,
Whereas:
(1) An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries was opened pursuant to Regulation (EC) No 1582/2002.
(2) According to Article 8 of Regulation (EC) No 1582/2002 the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to make no award.
(3) On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
No action shall be taken on the tenders notified from 14 January to 20 February 2003 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1582/2002.
Article 2
This Regulation shall enter into force on 21 February 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 February 2003.
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COMMISSION REGULATION (EC) No 477/2008
of 29 May 2008
establishing that no award shall be made in the framework of the standing invitation to tender of white sugar provided for in Regulation (EC) No 1060/2007
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1060/2007 of 14 September 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 (2) requires the issuing of partial invitations to tender.
(2)
Pursuant to Article 4(1) of Regulation (EC) No 1060/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 28 May 2008, it is appropriate to decide that no award shall be made for that partial invitation to tender.
(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 partial invitation to tender ending on 28 May 2008, for the product referred to in Article 1(1) of Regulation (EC) No 1060/2007, no award shall be made.
Article 2
This Regulation shall enter into force on 30 May 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 May 2008.
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COMMISSION REGULATION (EC) No 707/2007
of 21 June 2007
opening a tendering procedure for the sale of wine alcohol for use as bioethanol in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,
Whereas:
(1)
Commission Regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (2), lays down, among other things, detailed rules for disposing of stocks of alcohol obtained from distillation under Articles 35, 36 and 39 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organisation of the market in wine (3) and referred to in Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and held by the intervention agencies.
(2)
A tendering procedure for the sale of wine alcohol for exclusive use as bioethanol in the fuel sector in the Community should be organised in accordance with Article 92 of Regulation (EC) No 1623/2000 with a view to reducing Community stocks of wine alcohol and ensuring the continuity of supplies to firms approved under that Article.
(3)
Since 1 January 1999, in accordance with Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agri-monetary arrangements for the euro (4), the selling price and securities must be expressed, and payments made, in euro.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tendering procedure No 10/2007 EC is hereby opened for the sale of wine alcohol for use as bioethanol in the Community.
The alcohol concerned has been produced from distillation under Articles 27, 28 and 30 of Regulation (EC) No 1493/1999 and is held by the intervention agencies of the Member States.
2. The total volume put up for sale is 693 375,74 hectolitres of alcohol at 100 % vol., broken down as follows:
(a)
one lot with the number 109/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(b)
one lot with the number 110/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(c)
one lot with the number 111/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(d)
one lot with the number 112/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(e)
one lot with the number 113/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(f)
one lot with the number 114/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(g)
one lot with the number 115/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(h)
one lot with the number 116/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(i)
one lot with the number 117/2007 EC for a quantity of 39 995 hectolitres of alcohol at 100 % vol.;
(j)
one lot with the number 118/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(k)
one lot with the number 119/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(l)
one lot with the number 120/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(m)
one lot with the number 121/2007 EC for a quantity of 50 000 hectolitres of alcohol at 100 % vol.;
(n)
one lot with the number 122/2007 EC for a quantity of 53 380,74 hectolitres of alcohol at 100 % vol.
3. The location and references of the vats making up the lots, the quantity of alcohol in each vat, the alcoholic strength and the characteristics of the alcohol are as set out in Annex I to this Regulation.
4. Only firms approved under Article 92 of Regulation (EC) No 1623/2000 may take part in the tendering procedure.
Article 2
The sale shall be conducted in accordance with Articles 93, 94, 94b, 94c, 94d, 95, 96, 97, 98, 100 and 101 of Regulation (EC) No 1623/2000 and Article 2 of Regulation (EC) No 2799/98.
Article 3
1. Tenders shall be delivered to the intervention agencies holding the alcohol listed in Annex II or sent by registered mail to the address of the intervention agency.
2. Tenders shall be placed in a sealed double envelope, the inside envelope marked ‘Tender under procedure No 10/2007 EC for use as bioethanol in the Community’, the outer envelope bearing the address of the intervention agency concerned.
3. Tenders must reach the intervention agency concerned not later than 12 noon (Brussels time) on 5 July 2007.
Article 4
1. To be eligible for consideration, tenders must comply with Articles 94 and 97 of Regulation (EC) No 1623/2000.
2. To be eligible for consideration, when they are presented, tenders must be accompanied by:
(a)
proof that a tendering security of EUR 4 per hectolitre of alcohol at 100 % vol. has been lodged with the intervention agency holding the alcohol concerned;
(b)
the name and address of the tenderer, the reference number of the notice of invitation to tender and the price proposed, expressed in euro per hectolitre of alcohol at 100 % vol.;
(c)
an undertaking by tenderers that they will comply with all the rules applicable to this tendering procedure;
(d)
a statement by tenderers to the effect that:
(i)
they waive all claims in respect of the quality and characteristics of any alcohol awarded to them;
(ii)
they agree to submit to any checks made on the destination and use made of the alcohol;
(iii)
they accept that it is their responsibility to provide evidence that the alcohol is used as specified in the notice of invitation to tender in question.
Article 5
The notifications provided for in Article 94a of Regulation (EC) No 1623/2000 relating to the tendering procedure opened by this Regulation shall be sent to the Commission at the address given in Annex III to this Regulation.
Article 6
The formalities for sampling shall be as set out in Article 98 of Regulation (EC) No 1623/2000.
The intervention agency shall provide all the necessary information on the characteristics of the alcohol put up for sale.
On application to the intervention agency concerned, interested parties may obtain samples of the alcohol put up for sale, taken by a representative of the intervention agency concerned.
Article 7
1. The intervention agencies in the Member States in which the alcohol put up for sale is stored shall carry out appropriate checks to verify the nature of the alcohol at the time of end-use. To that end, they may:
(a)
apply Article 102 of Regulation (EC) No 1623/2000 mutatis mutandis;
(b)
carry out checks on samples using nuclear magnetic resonance analysis to verify the nature of the alcohol at the time of end-use.
2. The costs of the checks referred to in paragraph 1 shall be borne by the firms to which the alcohol is sold.
Article 8
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 June 2007.
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COMMISSION REGULATION (EEC) N° 4139/87
of 9 December 1987
determining the conditions under which certain petroleum products are eligible on import for a favourable tariff arrangement by reason of their end-use
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and
on the Common Customs Tariff (1), and in particular Article 11 thereof,
Whereas Council Regulation (EEC) N° 950/68 of 28 June 1968, on the Common Customs Tariff (2), as last amended by Regulation (EEC) N° 3529/87 (3), established the Common Customs Tariff on the basis of the nomenclature of the Convention of 15 December 1950 concerning the nomenclature to be used for the classification of goods in customs tariffs;
Whereas, on the basis of Council Regulation (EEC) N° 97/69 of 16 January 1969, on measures to be taken for the uniform application of the nomenclature of the Common Customs Tariff (4), as last amended by Regulation (EEC) No 2055/84 (5), Commission Regulation (EEC) N° 1775/77 (6), determined the conditions under which certain petroleum products are eligible on import for a favourable tariff arrangement by reason of their end-use;
Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N° 950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the International Convention on the Harmonized Commodity Description and Coding System and, on the other hand, Regulation (EEC) N° 97/69; whereas it is consequently appropriate, for reasons of clarity, to replace Regulation (EEC) N° 1775/77 by a new regulation taking over the new nomenclature as well as the new legal base;
Whereas Regulation (EEC) N° 2658/87 lays down that, in respect of the products listed in the Annex to this Regulation:
- there shall be exemption from duty where such products are intended to be used otherwise than as power or heating fuels (subheadings 2707 10 90, 2707 20 90, 2707 30 90, 2707 50 91, 2707 50 99, 2711 12 19,
2901 10 90, 2902 20 90, 2902 30 90, 2902 44 90 of the combined nomenclature, or for the manufacture of products of heading N° 2803 (subheadings 2707 99 91 and 2713 90 10 of the combined nomenclature),
- duties shall be reduced on lubricating oils and other products intended to be mixed in accordance with the terms of Additional Note 6 to Chapter 27 (subheading 2710 00 95 of the combined nomenclature),
- duties shall be suspended on products intended to undergo a specific process or chemical transformation, such operations being defined in Additional Note 4 to Chapter 27 or in the Explanatory Notes to the combined nomenclature relating to Additional Notes 4 and 5 to this Chapter;
Whereas the eligibility of these products on import for such exemption, reduction or suspension of duty is subject to conditions laid down in the relevant Community provisions;
Whereas, in order to ensure uniform application of the combined nomenclature, the said conditions must be laid down by Community provisions;
Whereas Commission Regulation (EEC) N° 4142/87 of 9 December 1987 determining the conditions under which certain goods are eligible on import for a favourable tariff arrangement by reason of their end-use (7) sets out both the general and minimum conditions governing such goods; whereas that Regulation is also applicable to the petroleum products in question;
Whereas, however, in view of the special requirements arising out of the particular nature and end-use of the products in question, and of the characteristics of the operations to which they are subjected, special provisions are needed as regards the imposition on the person concerned of certain special obligations and as regards common storage; whereas, moreover, cases coming within Additional Notes 4 (n) and 5 to Chapter 27 of the combined nomenclature, the period within which end-use must take place should remain at six months;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Nomenclature Committee,
HAS ADOPTED THIS REGULATION:
Article 1
1. Subject to the provisions of Articles 2 to 5 of this Regulation, Commission Regulation (EEC) N° 4142 shall apply to petroleum products.
2. For the purposes of this Regulation, petroleum products shall mean the goods listed in the Annex hereto.
Article 2
The person concerned shall be required to furnish the competent authorities, at their request, with the following information:
(a) at the time of the application for authorization, a brief description of the plant to be used for the proposed treatments;
(b) the nature of the proposed treatments;
(c) the description and quantity of the products to be used;
(d) in cases where Additional Notes 4 (n) and 5 to
Chapter 27 of the combined nomenclature apply, the description, quantity and tariff classification of the products obtained.
The person concerned shall, in addition, enable the competent authorities, to their satisfaction, to trace the products in the establishment or establishments of the undertaking during the course of the treatment.
Article 3
The provisions of Article 5 of Regulation (EEC) N° 4142/87 shall apply to petroleum products, save as otherwise provided in Additional Notes 4 (n) and 5 to Chapter 27 of the combined nomenclature.
Article 4
1. Notwithstanding Article 6 (3) of Regulation (EEC) N° 4142/87, the competent authorities may authorize the common storage of petroleum products, put into free circulation in conformity with the provisions of this Regulation, in a mixture with other petroleum products or with crude petroleum oils of subheading 2709 00 00 of the combined nomenclature.
2. Common storage in accordance with paragraph 1 of products not of the same kind and quality and not having the same technical or physical characteristics may be authorized only if the whole mixture is intended to undergo one of the treatments referred to in Additional Notes 4 and 5 to Chapter 27 of the combined nomenclature.
Article 5
Article 11 (1) of Regulation (EEC) N° 4142/87 shall not apply to products stored in a mixture as referred to in
Article 4 (2) unless the whole mixture is exported or destroyed.
Article 6
Regulation (EEC) N° 1775/77 is hereby repealed.
Article 7
Each Member State shall inform the Commission of the steps taken by its central administration for the purposes of applying this Regulation. The Commission shall forthwith communicate this information to the other Member States.
Article 8
This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 1987.
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COMMISSION REGULATION (EC) No 1175/2007
of 8 October 2007
derogating from Regulation (EC) No 1623/2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 33 thereof,
Whereas:
(1)
Under Article 27(3) of Council Regulation (EC) No 1493/1999 any natural or legal person or group of persons having made wine is required to deliver for distillation all the by-products of that winemaking.
(2)
Commission Regulation (EC) No 1623/2000 (2) lays down detailed rules for the implementation of this obligation to distil and Article 49 thereof provides for certain possible exemptions.
(3)
Despite the measures already established by Hungary, it appears that the distilleries in this Member State do not have sufficient capacity to distil all by-products. Hungary should therefore be authorised to exempt certain categories of producers from the obligation to distil by-products of winemaking.
(4)
In order that the exception granted to Hungary may be applied to the entire wine year, this Regulation should apply from 1 August 2007.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for wines,
HAS ADOPTED THIS REGULATION:
Article 1
By way of exemption from Article 49(4)(a) of Regulation (EC) No 1623/2000, Hungary may lay down that, for the 2007/2008 marketing year, producers who do not exceed a production level of 500 hl obtained by them on their individual premises may fulfil the obligation to deliver by-products for distillation by having those products withdrawn under supervision.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 August 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 October 2007.
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COUNCIL DECISION 2006/675/CFSP
of 10 August 2006
concerning a contribution by the Swiss Confederation to the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 13(3) thereof,
Whereas:
(1)
The Political and Security Committee, in accordance with the third subparagraph of Article 25 of the Treaty and pursuant to Article 10(2) of Council Joint Action 2006/319/CFSP of 27 April 2006 on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (1), adopted Decision MONUC SPT/1/2006 (2) and Decision MONUC SPT/2/2006 (3) on 30 May 2006.
(2)
Following recommendations on a contribution from the Swiss Confederation by the EU Operation Commander and the European Union Military Committee (EUMC), the contribution from the Swiss Confederation should be accepted.
(3)
In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications,
HAS DECIDED AS FOLLOWS:
Article 1
1. The offer for a contribution by the Swiss Confederation to Operation EUFOR RD Congo is hereby accepted.
2. The Swiss Confederation shall be represented in the Committee of Contributors set up by Decision MONUC SPT/2/2006.
Article 2
This Decision shall take effect on the day of its adoption.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 10 August 2006.
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COMMISSION REGULATION (EC) No 492/2005
of 29 March 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 20,238 EUR/100 kg.
Article 2
This Regulation shall enter into force on 30 March 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 March 2005.
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COMMISSION REGULATION (EU) No 1237/2009
of 11 December 2009
entering a name in the register of protected designations of origin and protected geographical indications (Marrone di Caprese Michelangelo (PDO))
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,
Whereas:
(1)
Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Marrone di Caprese Michelangelo’ was published in the Official Journal of the European Union (2).
(2)
As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,
HAS ADOPTED THIS REGULATION:
Article 1
The name contained in the Annex to this Regulation is hereby entered in the Register.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 2009.
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COMMISSION REGULATION (EC) No 737/2009
of 11 August 2009
setting the allocation coefficient for the issuing of import licences applied for from 3 to 7 August 2009 for sugar products under tariff quotas and preferential agreements
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 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(3) thereof,
Whereas:
(1)
Applications for import licences were submitted to the competent authorities in the period from 3 to 7 August 2009 in accordance with Commission Regulation (EC) No 950/2006 and/or Council Regulation (EC) No 508/2007 of 7 May 2007 opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries in the marketing years 2006/07, 2007/08 and 2008/09 (3), for a total quantity equal to or exceeding the quantity available for order number 09.4335 (2008-2009).
(2)
In these circumstances, the Commission should establish an allocation coefficient for licences to be issued in proportion to the quantity available and/or inform the Member States that the limit established has been reached,
HAS ADOPTED THIS REGULATION:
Article 1
Licences shall be issued within the quantitative limits set in the Annex to this Regulation in respect of import licence applications submitted from 3 to 7 August 2009, in accordance with Article 4(2) of Regulation (EC) No 950/2006 and/or Article 3 of Regulation (EC) No 508/2007.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 August 2009.
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Council Decision
of 22 July 2002
establishing a framework programme on police and judicial cooperation in criminal matters (AGIS)
(2002/630/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 30(1), Article 31 and Article 34(2)(c) thereof,
Having regard to the initiative from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters, and by preventing and combating racism and xenophobia.
(2) The conclusions of the Tampere European Council of October 1999 call for cooperation to be stepped up on preventing and fighting crime, including crime using new information and communication technologies, in order to achieve a genuine European area of justice. The importance of cooperation in this area has again been emphasised in the action plan entitled The prevention and control of organised crime: a European Union strategy for the beginning of the new millennium(3).
(3) Article 12 of the Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings(4) calls for cooperation between Member States in order to facilitate more effective protection of victims' interests in criminal proceedings.
(4) It is appropriate to widen the European dimension of projects to three Member States or to two Member States and an applicant country in order to promote the formation of partnerships and the exchange of information and good national practice.
(5) The Grotius II - Criminal(5), Stop II(6), Oisin II(7), Hippokrates(8) and Falcone(9) programmes, established by the Council, have helped to strengthen cooperation between the police and judiciary in the Member States and to improve mutual understanding of their police, judicial, legal and administrative systems.
(6) Following approval by the Feira European Council in June 2000 of the European Union Action Plan on Drugs (2000 to 2004), actions to combat drug trafficking are also included in this framework programme.
(7) The establishment of a single framework programme, expressly called for by the European Parliament and the Council when the previous programmes were adopted, will further boost cooperation by way of a coordinated and multidisciplinary approach involving the various persons responsible for preventing and combating crime at European Union level. In doing so, it is necessary to maintain a balanced approach between various activities aiming at the creation of the area of freedom, security and justice.
(8) It is desirable to ensure the continuity of the activities supported by the framework programme, by providing for their coordination within a single frame of reference that rationalises procedures and improves management and economies of scale. Moreover, it is necessary to make full use of the operational benefits of the programme, in particular for law enforcement authorities, and to encourage cooperation between the Member States' law enforcement authorities and to provide such authorities with a greater insight into the working methods of their counterparts in other Member States and constraints by which they may be bound.
(9) The expenditure of the framework programme should be compatible with the current ceiling under Heading 3 of the financial perspective.
(10) The annual appropriations of the framework programme should be decided upon by the budgetary authority during the budgetary procedure.
(11) The framework programme needs to be made accessible to the applicant countries, as partners and participants in the projects funded under that programme. Where appropriate, participation of other States in that programme could also be envisaged.
(12) The measures required to implement this Decision should be adopted according to the procedures laid down in it, with the assistance of a Committee.
(13) To increase the added value of the projects implemented under this Decision, it is necessary to ensure consistency and complementarity between these projects and other forms of Community intervention.
(14) Regular monitoring and evaluation of the framework programme need to be ensured so that the effectiveness of the projects carried out can be assessed in the light of the objectives and so that the priorities can be re-adjusted if necessary.
(15) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(10), is included in this Decision for the entire duration of the framework programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty establishing the European Community,
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of the framework programme
1. This Decision establishes a framework programme for police and judicial cooperation in criminal matters in the context of the area of freedom, security and justice, hereafter referred to as the programme.
2. The programme is hereby established for the period from 1 January 2003 to 31 December 2007 and may be extended beyond the latter date.
Article 2
Programme objectives
1. The programme shall contribute to the general objective of providing European Union citizens with a high level of protection in an area of freedom, security and justice. In this context, it aims, in particular, to:
(a) develop, implement and evaluate European policies in this field;
(b) promote and strengthen networking, mutual cooperation on general subjects of common interest to the Member States, the exchange and dissemination of information, experience and best practice, local and regional cooperation, and the improvement and adaptation of training and technical and scientific research;
(c) encourage Member States to step up cooperation with the applicant countries, other third countries and appropriate regional and international organisations.
2. The programme shall support projects in the following areas relating to Title VI of the Treaty on European Union:
(a) judicial cooperation in general and criminal matters, including training;
(b) cooperation between law enforcement authorities;
(c) cooperation between law enforcement authorities or other public or private organisations in the Member States involved in preventing and fighting crime, organised or otherwise;
(d) cooperation between Member States to achieve effective protection of the interests of victims in criminal proceedings.
Article 3
Access to the programme
1. The programme shall co-finance projects of a maximum duration of two years presented by public or private institutions and bodies, including professional organisations, non-governmental organisations, associations, organisations representing business, research and basic and further training institutes; the projects shall be directed at the target groups set out in paragraph 3.
2. To be eligible for co-financing, the projects must involve partners in at least three Member States, or two Member States and one applicant country, and have the objectives mentioned in Article 2. The applicant countries may participate in the projects in order to familiarise themselves with the acquis in this area and help them to prepare for the accession. Other third countries may also participate when this serves the aims of the projects.
3. The programme shall be directed at the following target groups:
(a) legal practitioners: judges, public prosecutors, lawyers, law officials, criminal investigation officers, bailiffs, experts, court interpreters and other professionals associated with the judiciary;
(b) law-enforcement officials and officers: public bodies in Member States which are responsible under national law for preventing, detecting and combating criminal offences;
(c) officials in other government departments and representatives of associations, professional organisations, research and business involved in fighting and preventing crime, organised or otherwise;
(d) representatives of victim assistance services, including public departments responsible for immigration and social services.
4. Within the framework of the objectives laid down in Article 2, the programme may also cofinance:
(a) specific projects presented in accordance with paragraph 1 that are of particular interest in terms of the programme's priorities or cooperation with the applicant countries;
(b) complementary measures such as seminars, meetings of experts or other activities to disseminate the results obtained under the programme.
5. Within the framework of the objectives laid down in Article 2, the programme may also give direct financial support to activities included in the annual activity programmes of non-governmental organisations which meet the following criteria:
(a) they must be non-profit-making organisations;
(b) they must be constituted in accordance with the law of one of the Member States;
(c) they must pursue activities with a European dimension and involve, as a general rule, at least half of the Member States;
(d) the aims of their activities must include one or more of the objectives laid down in Article 2.
Article 4
Activities of the programme
The programme shall comprise the following types of project:
(a) training;
(b) setting up and launching exchange and placement schemes;
(c) studies and research;
(d) dissemination of the results obtained under the programme;
(e) encouraging cooperation between the Member States' law enforcement, judicial authorities or other public or private organisations in the Member States involved in preventing and fighting crime, for instance by giving assistance for the establishment of networks;
(f) conferences and seminars.
Article 5
Financing the programme
1. The financial reference amount for the implementation of this programme for the period 2003 to 2007 shall be EUR 65 million.
The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
2. The cofinancing of a project by the programme shall be exclusive of any other financing by another programme financed by the general budget of the European Union.
3. Financing decisions shall be followed by financing contracts between the Commission and the organisers. The financing decisions and contracts arising therefrom shall be subject to financial control by the Commission and to audits by the Court of Auditors.
4. The proportion of financial support from the general budget of the European Union shall not exceed 70 % of the total cost of the project.
5. However, the specific projects and complementary measures referred to in Article 3(4) and the activities referred to in Article 3(5) can be financed to 100 %, up to a ceiling of 10 % of the total financial package allocated annually to the programme for specific projects under Article 3(4)(a) and 5 % for complementary measures under Article 3(4)(b).
Article 6
Implementation of the programme
1. The Commission shall be responsible for the management and implementation of the programme, in cooperation with the Member States.
2. The programme shall be managed by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities.
3. To implement the programme, the Commission shall:
(a) prepare an annual work programme comprising specific objectives, thematic priorities and, if necessary, a list of specific projects and complementary measures; the programme shall be balanced between the areas specified in Article 2(2), with at least 15 % of annual funding being devoted to each of the areas specified in subparagraphs (a), (b) and (c) of that paragraph;
(b) evaluate and select the projects submitted and ensure management of them.
4. Examination of the projects presented shall be carried out in accordance with the advisory procedure laid down in Article 8. Examination of the annual work programme, the specific projects and the complementary measures (referred to in Article 3(4) and the activities referred to in Article 3(5)) shall be carried out in accordance with the management procedure laid down in Article 9.
5. The Commission shall, on condition that they are compatible with the relevant policies, evaluate and select projects submitted by the organisers on the basis of the following criteria:
(a) conformity with the programme's objectives;
(b) European dimension of the project and scope for participation by the applicant countries;
(c) compatibility with the work undertaken or planned within the framework of the European Union's policy priorities on judicial cooperation in general and criminal matters;
(d) extent to which the project complements other past, present or future cooperation projects;
(e) ability of the organiser to implement the project;
(f) inherent quality of the project in terms of its conception, organisation, presentation and expected results;
(g) amount of the grant requested under the programme and proportionality with the expected results;
(h) the impact of the expected results on the programme's objectives.
Article 7
Committee
1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission, hereafter referred to as the Committee.
2. The Committee shall adopt its rules of procedure on a proposal by the Chair, on the basis of standard rules of procedure which have been published in the Official Journal of the European Communities.
3. The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.
Article 8
Advisory procedure
1. Where reference is made to this Article, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chair may lay down according to the urgency of the matter, if necessary by taking a vote.
2. The opinion shall be recorded in the minutes; each Member State may request that its position be recorded in the minutes.
3. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.
Article 9
Management procedure
1. Where reference is made to this Article, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chair may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chair shall not vote.
2. The Commission shall adopt measures which shall apply immediately. However, if the measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.
3. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 2.
Article 10
Consistency and complementarity
The Commission, in cooperation with the Member States, shall ensure that projects complement and are consistent with other Community policies.
Article 11
Monitoring and evaluation
The Commission shall regularly monitor the programme. It shall inform the European Parliament of the work programme adopted and the list of projects co-financed and shall present to the European Parliament and the Council:
(a) an annual report on the implementation of the programme. The first report shall be submitted by 30 June 2004;
(b) an interim evaluation of the implementation of the programme by 30 June 2005;
(c) a communication on the continuation of the programme, if necessary accompanied by an appropriate proposal, by 30 September 2006;
(d) a final evaluation of the entire programme by 30 June 2008.
Article 12
Entry into force
This Decision shall take effect on the day of its publication in the Official Journal.
Done at Brussels, 22 July 2002.
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COMMISSION REGULATION (EC) No 194/2005
of 3 February 2005
fixing the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,
Whereas:
(1)
Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund.
(2)
The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).
(3)
As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95.
(4)
The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.
(5)
The refund must be fixed once a month. It may be altered in the intervening period.
(6)
It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 4 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 February 2005.
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COMMISSION DECISION of 7 July 1997 drawing up provisional lists of third country establishments from which the Member States authorize imports of rabbit meat and farmed game meat (Text with EEA relevance) (97/467/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,
Whereas Commission Decision 94/278/EC (3), as last amended by Decision 96/344/EC (4), draws up a list of third countries from which the Member States authorize imports of rabbit meat;
Whereas a list of third countries from which the Member States authorize imports of farmed game meat has been drawn up pursuant to Council Directive 92/118/EEC (5), as last amended by Directive 96/90/EC (6);
Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of rabbit meat and farmed game meat products have been laid down in Commission Decision 97/219/EC (7);
Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;
Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;
Whereas, to prevent the interruption of trade in rabbit meat and farmed game meat from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import rabbit meat and farmed game meat from the establishments they have recognized under the reservation that the trade in these meats will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;
Whereas, concerning the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (8);
Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export rabbit meat and farmed game meat to the Community;
Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import rabbit meat and farmed game meat meet requirements for production and placing on the market which are no less stringent than the Community requirements;
Whereas provisional lists of establishments producing rabbit meat and farmed game meat can thus be drawn up in respect of certain countries;
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. The Member States shall authorize imports of rabbit meat and farmed game meat from the establishments of third countries listed in the Annex hereto.
2. Concerning third countries other than those in the Annex, Member States may authorize establishments for import of rabbit meat and farmed game meat up to 1 January 1998.
3. Imports of rabbit meat and farmed game meat shall remain subject to the Community veterinary provisions adopted elsewhere.
Article 2
This Decision shall apply from 1 July 1997.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 7 July 1997.
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COUNCIL DIRECTIVE of 12 July 1982 amending Directive 78/663/EEC laying down specific criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (82/504/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 74/329/EEC of 18 June 1974 on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (1), as last amended by Directive 80/597/EEC (2), and in particular Article 7 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Council Directive 78/663/EEC (3) lays down specific criteria of purity for emulsifiers, stabilizers, thickness and gelling agents for use in foodstuffs;
Whereas Directive 80/597/EEC has amended Annex I to Directive 74/329/EEC so as to authorize Xanthan gum (E 415) and powdered cellulose (E 460 - (ii)) and, for this reason, the criteria of purity of these substances should be defined and the nomenclature of E 460 amended in consequence;
Whereas Directive 78/663/EEC provides that, as regards substances E 474 and E 477, the Council may, acting unanimously on a proposal from the Commission, decide on any necessary amendments by 31 December 1981;
Whereas the criteria of purity for substances E 400, E 401, E 402, E 403, E 404 and E 405 should be modified to take account of scientific developments, particularly of methods of analysis,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 78/663/EEC is hereby amended as follows: 1. Article 2 shall be replaced by the following:
"Article 2
As regards the substances referred to in the Annex under E 477, Member States may, until 31 December 1984, authorize for use in foodstuffs a product containing not more than 4 % dimer and trimer of propane-1,2-diol."
2. The Annex shall be amended as follows: (a) Under E 400, E 401, E 402, E 403, E 404 and E 405, the entries relating to insoluble matter in dilute NaOH shall be deleted, and the text of the entries relating to acid-insoluble ash shall be replaced by "Not more than 2 %". (1) OJ No L 189, 12.7.1974, p. 1. (2) OJ No L 155, 23.6.1980, p. 23. (3) OJ No L 223, 14.8.1978, p. 7.
(b) The following shall be inserted between E 414 and E 420 - (i): PIC FILE= "T
(c) The number "E 460" shall become "E 460 - (i)".
(d) The following shall be inserted between E 460 - (i) and E 461: PIC FILE= "T
(e) Under E 474:
- The last sentence of the text of the entry relating to chemical description shall be replaced by the following:
"No organic solvents shall be used in their preparation other than cyclohexane, dimethylformamide, ethyl acetate, isobutanol and isopropanol."
- The following new entry shall be added: PIC FILE= "T
(f) Under E 477, the entry relating to dimer and trimer of propane-1,2-diol shall be replaced by the following:
"Not more than 0 75 %."
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1984. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 12 July 1982.
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COMMISSION REGULATION (EC) No 139/2009
of 19 February 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 20 February 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 February 2009.
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Commission Decision
of 18 May 2001
amending for the sixth time Decision 2001/223/EC concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands
(notified under document number C(2001) 1478)
(Text with EEA relevance)
(2001/389/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Directive 92/118/EEC(2), and in particular Article 10 thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof,
Whereas:
(1) Following the reports of outbreaks of foot-and-mouth disease in the Netherlands, the Commission adopted Decision 2001/223/EC concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands(4), as last amended by Decision 2001/364/EC(5).
(2) The foot-and-mouth disease situation in certain parts of the Netherlands is liable to endanger the herds in other parts of the territory of the Netherlands and in other Member States in view of the placing on the market and trade in live biungulate animals and certain of their products. However, the last case was reported on 21 April 2001.
(3) In the light of the disease evolution it appears therefore appropriate to further adjust the regionalisation and to make provisions for the slaughter of animals from free areas in designated slaughterhouses in Annex I.
(4) At the meeting of the Standing Veterinary Committee of 15 May 2001 the Netherlands declared in relation to the proposed amendments of Decision 2001/223/EC that:
- continuous controls will be carried out on traffic crossing from the areas listed in Annex I to the areas listed in Annex II and moreover to the rest of the country in order to prevent movement of live susceptible animals,
- meat destined for intra-Community trade and export will be completely separated from meat bearing the health mark provided for in Decision 2001/305/EC, and will come from establishments where no meat bearing the health mark provided for in Decision 2001/305/EC is present.
(5) The situation shall be reviewed at the meeting of the Standing Veterinary Committee scheduled for 29 May 2001 and the measures adapted where necessary.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2001/223/EC is amended as follows:
1. Article 2(2)(b) is replaced by the following: "(b) fresh meat obtained from animals reared outside the areas listed in Annex I and transported in derogation to Article 1(1) directly and under official control in sealed means of transport to a slaughterhouse designated by the competent authorities and situated in the area listed in Annex I outside the protection zone for immediate slaughter under the following conditions:
- all such fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC, as last amended by Directive 95/23/EC,
- the slaughterhouse will be operated under strict veterinary control and does not produce meat in accordance with the provisions in subparagraph (e),
- the fresh meat must be clearly identified, and transported and stored separately from meat which is not destined for dispatch outside the areas mentioned in Annex I and from meat conforming to the requirements in subparagraph (e),
- the control of the compliance with the above listed conditions shall be carried out by the competent veterinary authority under the supervision of the central veterinary authorities who will communicate to the other Member States and the Commission a list of those establishments which they have approved in application of these provisions."
2. Article 12a is replaced by the following: "Article 12a
1. The Netherlands shall ensure that dispatch to other Member States of live animals susceptible to foot-and-mouth disease is prohibited from the areas of its territory not listed in Annex I or Annex II.
2. Derogating from the provisions in paragraph 1 and without prejudice to Decision 2001/327/EC, the competent authorities of the place of departure may authorise the transport of live bovine and porcine animals from one single holding situated outside the areas listed in Annex I and Annex II directly to a slaughterhouse in another Member State for immediate slaughter, subject to notification to the central veterinary authorities of the place of destination and any Member State of transit."
3. In Annex II the words "- The provinces of Noord-Holland and Drenthe;
- The areas in the province of Zuid-Holland situated north of the river Merwede-Maas-Hollands Diep-Haringvliet;
- The province of Friesland, except the areas of this province listed in Annex I;
- The province of Overijssel, except the areas of this province listed in Annex I;
- The province of Utrecht, except the areas of this province listed in Annex I;
- The province of Flevoland, except the areas of this province listed in Annex I;
- The province of Groningen, except the areas of this province listed in Annex I;
- The areas in the province of Gelderland situated north of the river Rijn-Waal-Merwede between the border with Germany and the border with the province Zuid-Holland, except the areas of this province listed in Annex I."
are replaced by "- The province of Drenthe;
- The provinces of Friesland and Groningen, except the areas of these provinces listed in Annex I;
- The provinces of Overijssel and Flevoland, except the areas of these provinces listed in Annex I;
- The province of Utrecht east of the highway A 27, except the areas of this province listed in Annex I;
- The areas in the province of Gelderland situated north of the river Rijn-Waal-Merwede between the border with Germany and the border with the province Zuid-Holland, except the areas of this province listed in Annex I."
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 18 May 2001.
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Commission Decision
of 28 August 2003
approving programmes for the purpose of obtaining the status of approved zones and of approved farms in non-approved zones with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN) in fish
(notified under document number C(2003) 3101)
(Text with EEA relevance)
(2003/634/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Directive 98/45/EC(2), and in particular Article 10(2) thereof,
Whereas:
(1) Pursuant to Directive 91/67/EEC a Member State may submit to the Commission a programme designed to enable it subsequently to initiate the procedures for a zone or a farm situated in a non-approved zone to obtain the status of approved zone or approved farm situated in a non-approved zone, as regards one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN).
(2) Certain Member States submitted such programmes, which were approved by Commission Decision 2002/304/EC(3), as last amended by Decision 2003/376/EC(4).
(3) By letters dated 12 March 2003 and 12 June 2003, the veterinary authority of Finland asked for an amendment to the programme listed in Annex I(6B) to Decision 2002/304/EC. In order to preserve the vulnerable species Baltic salmon (Salmo salar), sea trout (Salmo trutta m trutta) and whitefish (Coregonus lavaretus lavaretus), restocking in the River Kymijoki and River Summanjoki watercourse is necessary. Finland has submitted amendments to its programme providing for transfer of live eggs from wild fish from the Pyhtää restriction zone provided that all appropriate measures are taken to ensure that the eggs are free of VHS and IHN. Delimitation of the zone as established in Annex I to Decision 2002/304/EC does not change.
(4) By letter dated 4 March 2003, the veterinary authority of Italy proposed an amendment to the programme listed in point 5.1 of Annex I to Decision 2002/304/EC. In order to increase the level of protection as regards introduction of fish into the area covered by the programme, live trout and other fish destined to restaurants for direct consumption as well as rainbow trout intended for introduction into certain artificial lakes or fish water, must come from farms or areas recognised as free of VHS and IHN. Delimitation of the zone as established in Annex I to Decision 2002/304/EC does not change.
(5) The amendments submitted have been found to comply with Article 10 of Directive 91/67/EEC and should therefore be approved.
(6) Decision 2002/304/EC has been amended several times. In the interests of clarity and rationality, it should be repealed and replaced by this Decision.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
1. The programmes listed in Annex I, submitted under Article 10(1) of Directive 91/67/EEC for the purpose of obtaining approved zone status with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), are hereby approved.
2. The programmes listed in Annex II, submitted under Article 10(1) of Directive 91/67/EEC for the purpose of obtaining status as approved farm situated in a non-approved zone with regard to one or more of the fish diseases VHS and IHN, are hereby approved.
Article 2
The Member States concerned shall bring into force the laws, regulations and administrative provisions necessary to comply with the approved programmes.
Article 3
Decision 2002/304/EC is hereby repealed.
References to the repealed Decision shall be construed as references to this Decision.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 28 August 2003.
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COMMISSION REGULATION (EC) No 903/96 of 20 May 1996 laying down rates of compensatory interest applicable during the second half of 1996 to customs debts incurred in relation to compensating products or goods in the unaltered state (inward processing relief arrangements and temporary importation)
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 Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2), as last amended by Commission Regulation (EC) No 482/96 (3), and in particular Article 589 (4) (a) and Article 709 thereof,
Whereas Article 589 (4) (a) of Regulation (EEC) No 2454/93 provides that the Commission shall set rates of compensatory interest applicable to customs debts incurred in relation to compensating products or goods in the unaltered state, in order to make up for the unjustified financial advantage arising from the postponement of the date on which the customs debt is incurred in the case of non-exportation out of the customs territory of the Community; whereas the rates of compensatory interest for the second half of 1996 must be established in accordance with the rules laid down in that Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The annual rates of compensatory interest referred to in Articles 589 (4) (a) and 709 (3) (a) of Regulation (EEC) No 2454/93 applicable for the period from 1 July until 31 December 1996 are hereby established as follows:
TABLE
Article 2
This Regulation shall enter into force on 1 July 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 May 1996.
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Commission Regulation (EC) No 1964/2003
of 7 November 2003
imposing provisional safeguard measures against imports of certain prepared or preserved citrus fruits (namely mandarins, etc.)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994 on common rules for imports and repealing Regulation (EC) No 518/94(1), as last amended by Regulation (EC) No 2474/2000(2), and in particular Articles 6 and 8 thereof,
Having regard to Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC) No 1766/82 and (EEC) 3420/83(3), as last amended by Regulation (EC) No 427/2003(4), and in particular Articles 5 and 6 thereof,
After consultations within the Advisory Committee established under Article 4 of Regulation (EC) No 3285/94 and of Regulation (EC) No 519/94 respectively,
Whereas:
1. PROCEDURE
Regulations (EC) No 3285/94 and (EC) No 519/94
(1) On 20 June 2003, the Spanish Government informed the Commission that trends in imports of prepared or preserved citrus fruits (namely mandarins, etc.) appeared to call for safeguard measures under Regulations (EC) No 3285/94 and (EC) No 519/94; submitted information containing the evidence available as determined on the basis of Article 10 of Regulation (EC) No 3285/94 and Article 8 of Regulation (EC) No 519/94; and requested the Commission to take safeguard measures under those instruments.
(2) Spain provided evidence that imports into the European Community of the product concerned are increasing rapidly both in absolute terms, and relative to Community production and consumption, and, in particular, that imports have increased rapidly in recent years.
(3) Spain alleged that the increase in the volume of imports of the product concerned has, among other consequences, had a negative impact on the prices of like or directly competitive products in the Community, and on the market share held and the quantities sold by the Community producers, resulting in damage to the Community producers.
(4) Spain further advised that, based on the information submitted by the Community producers, any delay in the adoption of safeguard measures by the European Community would cause damage which it would be difficult to repair, and urged their adoption as a matter of urgency.
(5) The Commission informed all Member States of the situation and consulted with them on the terms and conditions of imports, import trends and the evidence as to serious injury or threat thereof, and the various aspects of the economic and commercial situation with regard to the Community product in question.
(6) On 11 July 2003, the Commission initiated an investigation relating to serious injury or threat thereof to the Community producers of the product like or directly competing with the imported product.
(7) The Commission officially advised the exporting producers and importers as well as their representative associations known to be concerned, the representatives of exporting countries and the Community producers of the investigation. The Commission sent questionnaires to all these parties, to representative associations of mandarin producers in the Community, and to those parties who made themselves known within the time limits set in the notice of initiation. Pursuant to Article 5 of Council Regulation (EC) No 519/94 and Article 6 of Council Regulation (EC) No 3285/94 the Commission also gave parties directly concerned the opportunity to make their views known in writing and to request a hearing.
(8) The Government of the People's Republic of China (PRC), certain exporting producers and their representative associations, Community producers and importers and their representative associations, and associations representing mandarin producers in the Community, submitted comments in writing. All interested parties who requested a hearing within the time limit set and who indicated that they were likely to be affected by the result of the proceeding and that there were particular reasons why they should be heard, were granted such a hearing. The oral and written comments submitted by the parties were considered and taken into account in reaching the provisional findings. The Commission sought and verified all the information which it deemed necessary for the purpose of a provisional determination. Verification visits were carried out at the premises of six Community producers and four importers as well as at the premises of their representative associations, and at the premises of a supplier of fresh produce to the Community producers.
2. LIST OF COOPERATING PARTIES
Producers
Industrias Videca, SA; Villanueva de Castellon, Valencia, Spain
La Joya Export SA; Burriana, Castellón, Spain
Agriconsa; Algemesi, Valencia, Spain
Conservas y Frutas, SA; Mula, Murcia, Spain
Halcon Foods SA; Campos del Rio, Murcia, Spain
Alcurnia Alimentación SL; Molina de Segura, Murcia, Spain
Marin Gimenez Hnos. SA; Caravaca, Murcia, Spain
Conservas Fernandez SA; La Copa-Bullas, Murcia, Spain.
Importers
Wydra International GmbH, Reinbek, Germany
EDEMA Zentral AG, Hamburg, Germany
Hüpeden and Co. GmbH, Hamburg, Germany
Wünsche International GmbH, Hamburg, Germany
E. Schröder KG (GmbH and Co.), Hamburg, Germany
Rewe Zentral AG, Cologne, Germany
Henry Lamotte GmbH, Bremen, Germany
MCM Foods BV, Rotterdam, Netherlands
WS China Import GmbH, Hamburg, Germany
Waren-Verein der Hamburger Borse e.V., Hamburg, Germany.
Exporters
Hu Nan Cereals, Oils Imp. & Exp. Group Co., Ltd, Changsha City, China
Huangyan Guangyi Foods Co., Ltd, Huangyan Zhejiang, China
Huangyan Mingqiang Foods Co., Ltd, Zhejiang, China
Jiangsu Cereals, Oils Import & Export Group Corp., Nanjing, China
Jiangxi Cereals, Oils & Foodstuffs Imp. & Exp. Corp., Nanchang City, Jianxi, China
Jinhua Iceman Foods Co., Ltd, Zhejiang, China
Ningbo Huifeng Foods Co., Ltd, Fenghua City, Zhejiang, China
Ninghai Kaizi Co., Ltd, Ninghai, Zhejiang, China
Shandong Jiayuan Imp & Exp Co., Ltd, Qingdao, China
Shandong Jiufa Edible Fungus Co., Ltd, Nanchang City, Jianxi, China
Taizhou Hengsheng Canned Foods Co., Ltd, Linhai, Zhejiang, China
Taizhou Huangyan Hanfuming Foods Co., Ltd, Taizhou, Zhejiang, China
Xiamen International Trade Group Co., Ltd, Xiamen, China
Xiangshan Huayu Foodstuff Co., Ltd, Xiangshan Dancheng, Zhejiang, China
Xiangshan Longxin Foods Co., Ltd, Xiangshan County, Zhejiang, China
Zhejiang Cereals, Oils & Foodstuffs I/E Co., Ltd, Hangzhou, China
Zhejiang Huangyang Bai Le Foods Co., Ltd, Taizhou City, China
Zhejiang Linhai Jiayuan Foodstuff Co. Ltd, Linhai, Zhejiang, China
Zhejiang Long Wei Food Co., Ltd, Linhai, Zhejiang, China
Zhejiang Ninghai Dongda Food Co., Ltd, Ninghai County, China
Zhejiang Xin An Jiang Canned Food Co., Ltd, Qiandaohu Town, Zhejiang, China
Zhejiang Xinchang Best Foods Co., Ltd, XinChang, Zhejiang, China
Zhejiang Xinshiji Foods Co., Ltd, Zhejiang, China
Zhejiang Zhongda Newland Co., Ltd, Hangzhou, Zhejiang, China
Zhejiang Chun-an Foreign Trade Corp., Chun-An, Zhejiang, China.
Raw material suppliers
Narvill Cooperativa V., Vilavella, Castellón, Spain
Cooperativa Agrícola San Bernardo Coop. V., Carlet, Valencia, Spain
Cooperativa Agrícola Nuestra Señora de Loreto (CANSO), L'Alcudia, Valencia, Spain
Cooperativa Agrícola Betera Coop. V., Bétera, Valencia, Spain
Cooperativa Agrícola SCJ Coop. V. (Copal), Algemesi, Valencia, Spain
Cocalni Coop. V., Alquerias del Nino Perdido, Castellon, Spain.
3. THE EU MANDARIN MARKET
(9) Mandarins are harvested in winter, with the harvesting and canning season starting about the beginning of October and finishing around the end of January in the following year. The fresh produce is destined to the fresh fruit market, for juicing or for canning. Practice in the mandarin canning industry is to use the season (the period from 1 October in one year to 30 September in the following year) as the basis for comparisons, and the Commission has adopted this practice in its analysis. As all production for the season is completed by the end of January, the production data provided for 2002/03 is complete and no extrapolation was necessary. However, the other economic data for the most recent season (2002/03), has been extrapolated based on the data available for the first nine months of that season.
(10) In October 1996, by Council Regulation (EC) No 2202/96 the Council introduced a Community aid scheme for producers of certain citrus fruits including mandarins, clementines, wilkings and similar citrus hybrids. The aim of that scheme was to encourage producers to present their products for processing rather than withdrawal whilst avoiding systematic recourse to processing as an alternative outlet for fruit originally destined for the fresh market. Under the scheme, aid is granted to producers of citrus fruit which is supplied to the processing industry in order, amongst others, to support producers, facilitate negotiations with the industry and promote the concentration of production through producers' organisations. The scheme incorporates certain mechanisms to help encourage producers to produce and supply the quantities which they have undertaken to supply whilst at the same time discouraging excessive production.
(11) A related scheme makes provision for aid to be given to producers to meet part of the cost of withdrawal of fresh citrus fruit from the market. The principal objective of that scheme is to stabilise prices on the Community market in fresh produce. In addition, it supports producers' incomes and encourages the withdrawal of produce which is of lower quality from the market.
(12) However, as the Community producers situation had substantially deteriorated, it was clear that they were not benefiting from the above schemes as intended.
4. PRODUCT CONCERNED
(13) The product in respect of which the Commission has been informed that trends in imports appear to call for safeguard measures are certain prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, containing added sugar (the product concerned)
(14) The product concerned is currently classified within CN codes 2008 30 55 and 2008 30 75. These CN codes correspond to the product concerned in immediate packings of a net content exceeding 1 kg, and of net content not exceeding 1 kg, respectively.
(15) The preliminary investigation shows that the product concerned is obtained by peeling and segmenting certain varieties of small citrus fruit (mainly satsumas) which are then packaged in a medium of sugar syrup. Peeling and segmenting can either be carried out manually or by machine.
(16) The product concerned is produced in various weights to meet the demands both of the consumer market and of the catering and food industries. The vast majority of the consumer market is taken by the 312 g net weight/(175 g drained) size, although the share of sales taken by the larger 850 g/(480 g) size is increasing. Larger packaging sizes, particularly those of 2,65 kg/(1500 g) and 3,1 kg/(1700 g), are used by the catering and food industries, with the 2,65 kg format being most popular.
(17) Satsumas, clementines and other small citrus fruit are commonly known by the collective name "mandarin". Most of these different varieties of fruit are suitable to be used as fresh produce or for juicing or canning. They are similar, and indeed fresh mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids all fall under a single CN code at six digit level ( 0805 20 ).
(18) Certain exporting producers argued that not only canned mandarins, but all canned fruits, should be treated as a single imported product concerned. In support of this proposition, they referred to:
(a) the physical properties, nature and quality of the products;
(b) the extent to which the products are capable of serving the same or similar end-uses;
(c) the extent to which consumers perceive and treat the products as alternative means of performing particular functions in order to satisfy a particular want or demand;
(d) the international classification of the product for tariff purposes.
(19) That argument is rejected. The Commission's analysis is that there is a difference between canned mandarins and other canned fruit. The fresh fruit from which they are manufactured have different CN codes at the six-digit level to that for fresh mandarins (including tangerines and satsumas), clementines, wilkings and similar citrus hybrids. Whilst it is true that canned mandarins and other canned fruit fall within HS code 2008, so too do products as diverse as peanut butter and prepared or preserved ginger. The taste, texture and shape and colour of the products are different. They have different levels of vitamins and minerals and fulfil different dietary requirements. The principal end-uses of the products are also different. This finding is further confirmed by the fact that the production process in relation to each product is different (depending on whether or not the fruit requires to be dried, peeled, chopped, sliced or segmented).
(20) They further argued that prepared and preserved fruit and fresh fruit are one imported product concerned. That argument also must be rejected. Prepared and preserved fruit fall under a different tariff classification from fresh fruit at four-digit level. Fresh fruit is not processed, and has a limited shelf-life. It is generally washed, peeled, de-stoned, sliced, chopped or otherwise processed by the end-user. It is generally considered to have different characteristics such as taste, texture etc. to prepared and preserved fruit as well as different end-uses.
(21) The Commission's provisional determination is that the product concerned forms one single imported product falling under the relevant CN codes listed above.
5. LIKE OR DIRECTLY COMPETING PRODUCTS
(22) The Commission has undertaken a preliminary examination of whether the product produced by the Community producers (hereinafter referred to as "the like product") is like the imported product concerned.
(23) The imported product concerned is produced in different qualities. Those with around 10 % or less broken fruit segments are referred to as "fancy". All others are referred to as "standard". Some cooperating exporters and importers alleged that canned mandarins originating in PRC were of better quality than those of EU origin because they were peeled by hand, claiming that imports from PRC usually contained a lower percentage of broken segments. However, whilst the majority of imports originate in PRC, there is conflicting evidence as to the quality/perceived quality of the product concerned and the like product.
- One importer traded premium and also discount brands of the product concerned. The verification showed that in 2002 he bought from Spain in relative terms even slightly larger premium brand quantities than from PRC and no discount brand quantities while importing the latter from PRC. The premium brand is bought and resold at higher prices which in all likelihood should also reflect a better quality.
- In order to ensure the quality of their product and the highest standards of hygiene, the Community producers have invested heavily in extensive modernisation programmes and their processes are highly automated. Community producers pointed out that as a result of concerns as to the rigour with which hygiene controls are applied to imported products during the canning process, there is a consumer preference in some countries for canned mandarins produced by the Community producers.
(24) In considering whether alleged differences in quality exist, that would result in the imported product not being like the domestically produced product, the Commission took into account, in particular, the following findings of the preliminary investigation:
(a) the imported product and the Community product shared the same international classification for tariff purposes at HS code level (six digits). Furthermore, they shared the same or similar physical properties such as taste, size, shape and texture. There were some differences in terms of quality but these were minimal and generally not perceived by consumers;
(b) the imported product and the Community product were sold via similar or identical sales channels, price information was readily available to buyers and the product concerned and the product of the Community producers competed mainly on price;
(c) the imported product and the Community product both serve the same or similar end-uses, they were, therefore, alternative or substitute products and were easily interchangeable;
(d) the imported product and the Community product were both perceived by consumers as alternatives to satisfy a particular want or demand, in this respect the differences identified by certain exporters and importers were simply minor variation.
Given that "likeness" does not require to be completely identical products, these minor variations are not sufficient to change the overall finding of likeness between the imported and domestic products.
(25) In light of the foregoing, the Commission has reached the preliminary conclusion that the imported product and the Community product are "like".
6. DEFINITION OF THE COMMUNITY PRODUCERS
(26) All production of the product concerned in the Community was made in Spain. The eight producers (canners) in the Community which cooperated fully in the provisional stage of the investigation are:
Industrias Videca, SA; Villanueva de Castellón, Valencia, Spain
La Joya Export SA; Burriana, Castellón, Spain
Agriconsa; Algemesi, Valencia, Spain
Conservas y Frutas SA; Mula, Murcia, Spain
Halcon Foods SA; Campos del Río, Murcia, Spain
Alcurnia Alimentación SL; Molina de Segura, Murcia, Spain
Marin Giménez Hnos. SA; Caravaca, Murcia, Spain
Conservas Fernandez SA; La Copa-Bullas, Murcia, Spain.
(27) These companies are all members of associations integrated with the Spanish National Federation of Associations of processed fruit and vegetables (FNACV). In the year 2002/03, total Community production of the product concerned was 43331 tonnes, of which the producers abovementioned accounted for 35331 tonnes, equivalent to over 80 % of the total Community production. They represent a major proportion of total Community production within the meaning of Article 5(3)(c) of Regulation (EC) No 3285/94 and Article 15(1) of Regulation (EC) No 519/94. They are accordingly considered as the Community producers for the purposes of this proceeding.
(28) Two further companies which previously produced canned mandarins in the Community went bankrupt in April 2002 as imports reached their highest levels. They provided certain information in the context of the investigation but were unable to provide the resources to cooperate fully within the deadlines set.
7. UNFORESEEN DEVELOPMENTS
(29) After the conclusion of the Uruguay round, a series of events occurred which led to a sharp increase in imports of the product concerned, particularly from PRC. This series of events (described below) could not have been foreseen at the time of conclusion of the Uruguay round. It should be noted that the analysis focuses exclusively on PRC, as more than 98 % of imports of the product concerned into the EU are of Chinese origin.
(30) Until the mid-1990's, PRC's capacity for producing the product concerned was large enough to meet domestic demand and exports to its main and most profitable export markets namely Japan and the United States of America (West Coast). Chinese exports to the Community were at a low level and were relatively stable.
(31) The table below provides estimates of worldwide consumption and of PRC's production capacity, production, exports and domestic consumption for the canning seasons 1996/97 to 2002/03 on an indexed basis where estimated worldwide consumption in 1998/99 is equal to 100.
TABLE
Source:
Eurostat and other publicly available information as well as information submitted in the investigation. The data is indexed because the party providing the Chinese domestic production capacity, Chinese production, Chinese domestic consumption and Chinese exports requested that this be treated as confidential. Pending a decision on this request and for the purposes of the preliminary determination the Commission has indexed them. However, this is without prejudice to the Commission's decision under Article 9 of Council Regulation (EC) No 3285/94.
(32) In 1998/99, Chinese domestic consumption was 5, whilst production capacity was 70, with actual production of 57 (greatly in excess of what was needed to supply domestic needs). By 2002/03, Chinese domestic consumption had increased to 20, but Chinese production capacity had increased to 148, with actual production of 124 (88 % of estimated worldwide consumption). Although Chinese consumption has been increasing rapidly, it remains low in real terms. Whilst worldwide consumption has been increasing, it has done so gradually (by around 7 % per annum). In these circumstances, it was not foreseeable that Chinese production capacity would soar by 16 % per annum and outstrip worldwide consumption by 2002/03, leaving no room for other producers. As PRC's domestic consumption has increased to only 20, the increase in Chinese production capacity and production clearly increased pressure on PRC to export very large quantities (and indeed, exports more than doubled from 48 to 104 in the period considered). These figures can be given some context by considering that Chinese exports in 2002/03 were more than two thirds total estimated worldwide consumption in that year.
(33) It appears that the EU/US trade dispute over hormones in meat was also a factor in the increase in Chinese exports to the EU. The list of products that the United States of America proposed to make subject to retaliatory measures in relation to that dispute included the product concerned. This appears to have been perceived by Chinese producers as providing an opportunity to substantially increase their exports to the United States of America in replacement of the EU product, and encouraged considerable expansion of Chinese canning capacity. However, the opportunity never materialised, and PRC was faced with significant excess capacity for which it had to find alternative outlets. The most attractive market appeared to be the EU, and PRC massively increased its exports to the EU market.
(34) A change in consumer preferences can also be observed. Traditionally, there was a consumer perception that canned mandarins are an expensive product, and there was a consumer preference for small can sizes (312 grammes). The larger can sizes were only purchased by the catering trade (e.g. bakeries which would use mandarins for decorating cakes). As from 2001/02 consumer preferences have changed and the larger can size (850 grammes) is increasingly purchased by consumers. Indeed, since 2001 retail sales of the large can size have increased by around 10 % per annum. This development may have assisted certain large importers/retailers to obtain very low prices from Chinese exporters and import and resell large quantities of Chinese satsumas in 850 gramme cans at very low prices. This change in consumer preference was unforeseen, and was one further unexpected factor which led to the sharp increase in Chinese imports, in particular between 2000/01 and 2001/02, and its continuing high level.
(35) Chinese monetary policy, in terms of which the yuan is pegged to the United States dollar at 8,28 yuan/USD, despite perceived differences in the relative values of the two currencies, has also encouraged exports. This has made it much more likely that the product concerned is exported rather than being sold on the Chinese domestic market. Further, following the unexpected fall in the value of the United States dollar against the euro since October 2000, the yuan lost around 26 % of its value compared to the euro making the European market all the more attractive to Chinese exporters.
(36) In conclusion, it is the Commission's preliminary analysis that the unforeseen development which caused the increase in imports to the Community consists of a number of concurrent factors: the unprecedented increase in Chinese production capacity (which exceeds 2002/2003 estimated world consumption) leading to high pressure to export; the possibility that United States retaliatory measures in the hormones dispute would exclude the EU product from the United States, encouraging an increase in PRC's capacity and consequently production; a change in consumer preferences from 2001 onwards; and the exchange rate policy of the Chinese government coupled with the unexpected fall of the United States dollar since October 2000. This combination of factors, clearly unforeseeable at the end of the Uruguay Round, created the conditions for an unprecedented increase in imports to the Community.
(37) The developments described above, each of which has contributed to the very large increases in exports to the Community from PRC, will be investigated further by the Commission at the definitive stage of this proceeding.
8. INCREASED IMPORTS
8.1. Introduction
(38) The Commission has undertaken a preliminary examination of whether the product concerned is imported into the Community in such greatly increased quantities, absolute or relative to total Community production, and/or on such terms or conditions as to cause, or threaten to cause, serious injury to the Community producers. In this respect, the Commission has focused on imports of the product concerned in the most recent period for which data is available in absolute terms and relative to production. The table below shows the development of imports in absolute terms and against total Community production for each of the years 1998/99 to 2002/03.
Table
TABLE
(39) The following table further demonstrates the increasing trend in imports by comparing the figures for the first nine months of each season (i.e. October to June). The figures confirm that the imports in the final period represent a large increase (around 100 %) over the figures for 2000/01 and before.
TABLE
8.2. Volume of imports
(40) In the period between 1998/99 and 1999/2000, imports increased by around 7 %, from 16347 tonnes to 17573 tonnes. In the following year, the rate of increase grew to around 16 % with imports increasing to 20335 tonnes in 2000/01. There then followed a massive surge in imports between 2000/01 and 2001/02. Imports increased by 120 % in a single year to 44804 tonnes, more than 2,5 times the level of imports in 1998/99.
(41) Imports remained very high in the first nine months of 2002/03, but the above tables show that, using a simple extrapolation, imports may fall to 38066. While recent intelligence suggests that imports will reach a higher figure than the above extrapolated figure, no reliable data is yet available to confirm this.
(42) The ratio of imports to total Community production increased from around 20 % in 1998/99 to around 34 % in 2000/01 and to around 74 % in 2001/02. Imports are expected to further increase to around 88 % of total Community production in the most recent canning season (2002/03).
(43) It is the Commission's preliminary conclusion that the increases in imports relative to domestic production can be considered recent, sudden, sharp and significant.
9. SERIOUS INJURY
9.1. Introduction
(44) In order to make a provisional determination as to whether there is serious injury to the Community producers of the like product, i.e. a significant overall impairment in the position of the Community producers, the Commission has undertaken a preliminary evaluation of all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Community producers. In particular, for the product concerned, the Commission has evaluated the development of production capacity, production, capacity utilisation, employment, productivity, cash flow, return on capital employed, captive use, stocks, consumption, sales, market share, price, undercutting and profitability for the seasons 1998/99 to 2002/03.
(45) As explained at section 3 the information in this section relates to canning seasons with extrapolations made where necessary for the period 2002/03.
9.2. Analysis of the Community producers
9.2.1. Consumption
TABLE
(46) Consumption of the product concerned in the Community was provisionally established on the basis of the total sales made by the Community producers and other EU producers and total imports of the product concerned into the Community as reported by Eurostat.
(47) Between 1998/99 and 2000/01, consumption in the Community declined by 18 % from 80065 tonnes to 65676 tonnes. Between 2000/01 and 2001/02, it grew by 23 % to reach its highest level for the period under examination (80960 tonnes). The data extrapolated for the current season (2002/03) indicate a 12 % decline in consumption in that period compared to 2001/02, with consumption closer to its 1999/2000 level.
9.2.2. Production capacity and capacity utilisation
TABLE
(48) The Commission has undertaken a preliminary analysis of the Community producers production capacity. For the sake of clarity, the capacity figures given are full season (1 October to 30 September in the following year) production capacities. It should be noted that the like product is produced from November until January using production facilities some of which can be used for processing other fruit and vegetables during the remaining part of the year. However, from November until January there are no other fruits or vegetables which are available for processing in the regions concerned (Valencia and Murcia, Spain).
(49) The preliminary investigation showed that overall estimated theoretical production capacity remained more or less stable throughout the period of the investigation with only one increase recorded. That increase (of 2 %) occurred between 1998/99 and 1999/2000.
(50) Capacity utilisation fell between 1998/99 and 1999/2000 (from 65 % to 59 %). This fall is partially explained by the 2 % increase in capacity in that year, but the greater part appears to be explained by a fall in production of 7,5 % from 81869 tonnes to 75767 tonnes. Capacity utilisation fell by a further 12 percentage points in 2000/01 (to 47 %). It remained stable in the following year but then fell to 34 % (a fall of 13 percentage points) in the current season. This sharp fall in capacity utilisation appears to reflect the fall in production in the same period.
9.2.3. Total Community production
TABLE
(51) Total Community production fell between 1998/99 and 2001/02 from 81869 tonnes to 60329 tonnes. Thereafter, production fell by a further 28 % in the last season (2002/03) to its lowest level in the period under examination.
9.2.4. Employment
TABLE
(52) Employment in relation to the product concerned fell in 1999/2000. It then recovered slightly in 2000/01 before falling further in 2001/02 and 2002/03. In addition to the fall in employment recorded by the Community producers, there was also a reduction in employment in mandarin canning in the Community during the five-year period as some producers involved in canning the product concerned in the Community ceased this activity before the opening of the safeguard investigation. It is to be noted that a large majority of the workforce are seasonal workers. For this reason, this table should be considered in conjunction with the following table on hours worked.
9.2.5. Hours worked and productivity
TABLE
(53) Employment as shown above at section 9.2.4 relates to full time workers. However, the real impact on employment in the Community is more apparent from hours worked which also includes the employment of seasonal workers. The number of hours worked also provides a more accurate basis for measuring productivity than the number of employees.
(54) In general, a steady decline in the number of hours worked can be observed, with a sharp fall in the most recent period. Productivity has fallen slightly between 1998/99 and 2001/02 from 15,9 hours worked per tonne produced to 16,8 hours worked, and further declined to 17,7 hours in the last season (2002/03).
9.2.6. Cash flow
TABLE
(55) Cash flow could only be examined at the level of the cooperating companies which produced the product concerned rather than in relation to only the product concerned itself. This indicator was therefore seen as less meaningful than the other indicators shown above and is shown in terms of the most recent financial years (the calendar year). Nevertheless, it can be seen that cashflow was substantially reduced in the most recent period.
9.2.7. Return on capital employed (ROCE)
TABLE
(56) ROCE could also only be examined on the level of the cooperating companies which produced the product concerned rather than in relation to only the product concerned itself. This indicator was therefore also seen as less meaningful than the other indicators. Nevertheless, it can be seen that ROCE was substantially reduced in the most recent period.
9.2.8. Sales volume
TABLE
(57) Sales in the Community of the like product by the Community producers fell from 63718 tonnes to 45341 tonnes between 1998/99 and 2000/01, reflecting the fall in consumption and the increase in imports in that period. However, despite increased consumption in the following year, sales continued to fall between 2000/01 and 2001/02 (by 20 %) reaching 36156 tonnes, as imports more than doubled to 44804 tonnes. This reflects the increasing dominance of imports in the market. In the most recent period, sales have continued to fall.
9.2.9. Market share
TABLE
(58) The Community producers market share fell from 79 % to 69 % between 1998/99 and 2000/01, and then to 44 % in 2001/02. The fall in 2001/02 demonstrates the increasing market penetration of imports in that period, which occurred despite the fact that Community producers lowered their prices by 17 % between 2000/01 and 2001/02. Although this fall in prices was from a relatively high level it occurred at a time when Chinese prices fell at a comparative rate and also from a high level.
(59) The combination of the fall in prices and loss of market share to imports occurred at the same time as a significant fall in the profitability of the Community producers (discussed below). The Community producers' market share subsequently slightly recovered to 47 % in the current season (2002/03) but this is thought to relate to the impact of the opening of this investigation which reduced import volumes slightly.
9.2.10. Price of the like product and undercutting
TABLE
(60) The average price of the like product fell between 1998/99 and 1999/2000 but recovered in 2000/01, increasing by 17 % before falling to EUR 827 per tonne in 2001/02 and further declining at EUR 790 per tonne in 2002/03.
(61) The difference in prices can be explained in terms of several factors. On one hand a cost element; i.e. raw material, labour, capacity to share the fixed cost in an environment of decreasing production and, on the other hand; a price competition element represented by the prices offered by the exporters. It is significant that, during the 2000/01 season when there were rumours of a low overall crop volume in PRC and the price of exports increased steadily, the Community producers were able to adjust their prices in the same range. The following table gives the trends of the main cost elements:
TABLE
(62) Furthermore, as regards the price of the fresh product destined to be processed, this is the result of annual contracts between the canners and the farmers established at the beginning of the season. For comparison we have shown the price obtained by the producers for mandarins sold as fresh product and for canning (the latter excludes the effect of the CAP scheme referred to in recital 9):
TABLE
(63) In order to reach a preliminary determination as to the level of undercutting, price information was examined for comparable time periods, at the same level of trade and for sales to similar customers. Based on a comparison of average ex-works prices charged by the Community producers and by exporting producers to the Community importers (cif EU border including customs duty), domestic prices were undercut throughout the five periods examined by between 2 and 11 %.
(64) The Commission notes that, throughout the whole period of the investigation, the price of imports was clearly below the price of the Community product. The table indicates that the sharp increase in imports at low prices in 2001/02 forced the Community producers to reduce their prices, which together with the reduction in sales volume in the Community (despite an increase in consumption) lead to a sharp reduction in sales revenues and profitability, and the losses sustained by the Community producers in that year.
9.2.11. Profitability
TABLE
(65) The profitability of the Community producers' sales in the Community varied significantly in the five-year period under consideration. The lowest profitability was recorded in 2001/02 and in the period to 31 March 2003, and the highest in 2000/01. In 2001/02, as imports increased to their highest level in the four and a half-year period, the average price of imports fell to EUR 691 per tonne and the average price of the Community product fell to EUR 827 per tonne. This is mirrored in the undercutting of 15,9 % found for the period 1 October 2001 to 31 March 2003. This fall in prices taken together with the fall in sales volume appears to have caused the Community producers profitability to fall from 6,8 % to (- 1,7 %), and this trend has continued into a worse loss making situation (- 4 %) in the current season.
(66) Underselling reflects the extent to which the price of the imported product is lower than the price level which the Community producers could be expected to achieve in a non-injurious situation. The level of underselling was provisionally calculated on the basis of the weighted average non-injurious price per tonne of the Community product. This price was provisionally calculated by taking the respective cost of production for the Community product to which was added a profit margin of 6,83 %. This profit margin was considered reasonable as it refers to profits of the Community producers in a normal trading situation unaffected by a sudden sharp rise in imports. This non-injurious price was compared with the weighted average price per tonne of the imported product concerned during the period October 2001 to March 2003. The difference between these two prices was expressed as a percentage of the cif/Community border price of the imported product, and resulted in underselling of around 22 %.
9.2.12. Stocks
TABLE
(67) Stock levels fell between 1998/99 and 2000/01, but then increased significantly in 2001/02 and remained high in 2002/03. The increase in stock between 2000/01 and 2001/02 coincided with a fall in the Community producers' sales volume in the Community of 20 %, and appears to be chiefly attributable to that fall in sales volume. For reasons of consistency, the figure for the period ended 30 September 2003 has been calculated based on expected sales in the second half of that season. It is likely that stocks will be high at the end of the period (30 September 2003), representing 38 % of the production (27 % in the previous season).
9.2.13. Conclusion
(68) The data shows that whilst production capacity increased slightly, there is negative development for capacity utilisation, production, employment, productivity, cash flow and ROCE. Overall, before the background of consumption which declined for two years and then recovered to close to its previous level before declining again, the data shows negative developments for sales, market share, prices and profitability and an increase in stocks in the most recent periods.
(69) In particular, the Commission notes that whilst, in 2001/02, as imports reached their highest level for five years (44804 tonnes), the Community producers' sales volume in the Community reached a low level (36156 tonnes) and the level of profitability fell to (- 1,7 %). This occurred against the background of a concurrent increase in consumption in that year. Against such a background, whilst imports could have been expected to increase in line with consumption and prices could have been expected to firm, imports more than doubled and the price of both the imported product and that produced by the Community producers fell.
(70) This combination of factors appears to be reflected in the economic indicators pertaining to the Community producers. The Community producers have lost market share, which reached its lowest level for five years in 2001/02. Their capacity utilisation has fallen sharply in the period to 31 March 2003 as the Community producers have reduced production apparently in order to reduce the high stock levels recorded at the end of 2001/02 and in 2002/03. Productivity and employment have also fallen in both 2001/02 and in 2002/03. The overall effect of the fall in Community sales volume and prices appears to be a reduction in the Community producers' sales revenue by 29 % from EUR 41,9 million in 2000/01 to EUR 29,9 million in 2001/02. At the same time, the profitability of the Community producers fell from 6,8 % to (- 1,7 %). The Community producers have thereafter incurred losses (- 4,0 %) in the period to 31 March 2003.
(71) Taking account of all of these factors the Commission has reached the preliminary conclusion that the Community producers have suffered serious injury.
10. CAUSATION
(72) In order to examine the existence of a causal link between increased imports and the serious injury, and in order to ensure that injury caused by other factors is not attributed to increased imports, the Commission has proceeded as follows:
- the injurious effects of factors considered to be causing injury have been distinguished from each other,
- these injurious effects have been attributed to the factors which are causing them, and,
- after having attributed injury to all causal factors present, the Commission has determined whether increased imports are a "genuine and substantial" cause of serious injury.
10.1. Analysis of causation factors
10.1.1. Effect of increased imports
(73) The market for canned mandarins is transparent as regards sources of supply and customers. As canned mandarins are essentially a commodity product, the product concerned and the like product compete mainly on price.
(74) In the period 2000/01 to 2001/02, the market share of imports grew from 31 % to 56 %, whilst the market share of the Community producers fell from 69 % to 44 %. Over the same period, imports have grown from 34 % to 74 % of Community production. Thus, it appears that imports have also increased relative to production, at the expense of the Community producers.
TABLE
(75) As to prices, between 2000/01 and 2001/02, the average unit price of the imported product on the Community market fell from EUR 792 to EUR 691 per tonne. The average unit price of the Community product fell from EUR 925 to EUR 827 per tonne. The effect of the fall in the average unit price of the like product alone on the Community producers' revenue from sales in the Community would have been a reduction of 11 % (EUR 4,4 million) in 2001/02. Taking account of the simultaneous fall in sales volume the actual fall in sales revenue in the Community was EUR 12 million. This reduction in sales revenues (together with increased costs) created a significant fall in profitability and the Community producers showed a loss of 1,7 % in 2001/02.
(76) For the foregoing reasons, it is the Commission's preliminary conclusion that there is a correlation between the increase in imports at low prices and the serious injury suffered by the Community producers, and that the increase in imports has had injurious effects in particular in terms of downward pressure on prices and a reduction in the volume sold by the Community producers on the Community market.
10.1.2. Effect of changes in consumption
(77) The Commission has carried out a preliminary examination of the injurious effects of the fall in consumption between 1998/99 and 2000/01. That fall has to be considered in the context of the overall trend during the five-year period under investigation. Consumption decreased from 80065 tonnes in 1998/99 to 74056 tonnes in 1999/2000 and 65676 tonnes in 2000/01, but then grew by 15284 tonnes to 80960 tonnes in 2001/02, before falling back to 71564 tonnes in the current season (2002/03). The fall in consumption from 1998/99 to 2000/01 was due to a fall in EU sales of the Community producers, because some producers had reduced or ceased production. This had an immediate impact on the level of consumption because the market was only supplied from two main sources (i.e. from Spain and PRC).
(78) The Commission notes that whilst consumption fell to possibly its lowest level for the four and a half-year period in 2000/01, that was also the year in which the Community producers achieved their highest level of profitability (6,8 %). On the other hand consumption rose in 2001/02 to 80960 tonnes (its highest level during the period) but the Community producers profitability fell to (- 1,7 %) at the same time. Therefore, there is no clear correlation between consumption itself and the profitability and general economic situation of the Community producers.
(79) In examining the effect of consumption on the profitability of the Community producers, account has to be taken of the reaction of all market participants to the changes in consumption. In this respect, it was found that while Community producers were forced to reduce their sales in the Community by roughly 9185 tonnes in 2001/02 compared to 2000/01, imports moved sharply in the other direction (+ 24469 tonnes).
(80) As regards price effects, variations in consumption of canned goods with a substantial shelf life should not normally lead to substantial price effects if production is adjusted to the needs of the market. In this respect, the Community producers appear to have reacted by reducing both production and sales in line with the falls in consumption.
(81) Bearing in mind that profits could still be made in a situation of falling consumption, as explained at recital 78, it is reasonable to conclude that, in the absence of the sharp rise in imports at low prices, the fall in consumption would not have led to a substantial fall in profits.
(82) Consumption in 2001/02 was at its highest level since 1998/99, and at approximately the same level as in that year. The Community producers' sales, however, decreased in 2001/02 compared to 1998/99 by 29438 tonnes, a decrease of 43 %. At the same time, imports increased in 2001/02 by 28457 tonnes compared to 1998/99. Imports therefore increased considerably despite consumption being only slightly higher.
TABLE
(83) The above table shows that if the Community producers' market share had been maintained at its 1998/99 level, the Community producers would have been much more successful in terms of sales volume. This shows that it was not the development of consumption that impacted on the Community producers, but loss of market share to imports.
(84) For the reasons given above, it is concluded that developments in consumption were not responsible for any of the injury observed.
10.1.3. Effect of changes in export performance
(85) The Commission also examined the effects of a fall in exports.
TABLE
(86) Between 1998/99 and 2000/01, the volume of Community producers' exports of canned mandarins fell from 21316 tonnes to 14544 tonnes as the Community producers lost market share to low priced competition from PRC (particularly as a result of the US importers anticipating the application of US countermeasures in the hormones dispute as discussed at recital: 33). Between 2000/01 and 2001/02, exports recovered to 18099 tonnes and to 19078 tonnes in the 2002/03 season. Over the five-year period, exports decreased by around 2300 tonnes, although the principal reduction occurred between 1999/2000 and 2000/01 (the year in which the Community producers were most profitable). Since 2000/01, exports have actually increased. In particular, in the most recent period, between 2000/01 and 2002/03 exports have increased largely because of the resolution of the hormones trade dispute without retaliatory measures by the US against exports of the product concerned from the Community. This increase in exports has not contributed to the injurious effects suffered by the Community producers.
It should also be noted that in the calculation of profitability at section, only Community sales were taken into account.
(87) For the reasons given above, it is concluded that whilst there might be some link between the fall in exports and the injurious effects observed in the earlier part of the four and a half-year period, there is no such link in the latter part of the period.
10.1.4. Effect of any excess capacity
(88) The Commission has further examined whether injurious effects may have resulted from excess capacity amongst the Community producers. There was only a single small change in estimated theoretical production capacity during the period of the investigation, when, in 1999/2000 production capacity increased by 2 % to 129260 tonnes.
TABLE
(89) The above table shows that if the Community industry production volume had been maintained at its 1998/99 level, the Community industry would have also maintained a high utilisation rate. However, since actual production and utilisation rates were much lower than those simulated it is clear that it is the reduction in production rather than the small increase in capacity which has caused the serious injury.
(90) This increase in capacity contributed to a fall in capacity utilisation in 1999/2000 and subsequent years as the anticipated need for additional capacity did not materialise. Given the very minor increase in capacity, and that without it capacity utilisation would not have followed a substantially different pattern, the Commission concludes that the very minor increase in capacity did not cause any injurious effects to the industry.
10.1.5. Effect of lack of supply
(91) Some exporters argued that the reason behind the fall in production by the Community producers was a lack of supply of raw material (namely fresh small citrus fruit) on the EU market. However, based on its preliminary examination of the EU market in fresh small citrus fruit, it is the Commission's provisional determination that there was adequate supply to meet the demand from the processing industry.
(92) Table A shows actual production of fresh small citrus fruit (clementines, mandarins and satsumas) in the years 1998 to 2002, whilst Table B shows forecast production together with withdrawals from the market in each of the seasons 1998/99 to 2002/03.
Table A
TABLE
Table B
TABLE
10.1.6. Demand for fresh small citrus fruits by the processing industry
(93) The quantity of clementines, and satsumas used by the processing industry for the production of canned mandarins from 1998/99 to 2002/03 is as shown in Table C.
Table C
TABLE
(94) As tables A and C illustrate, the supply of small fresh citrus fruit on the EU market appears to be far greater than the demand of the processing industry. Indeed, in each year under examination for which statistics are currently available, supply appears to have outstripped demand both for fresh produce and for use as raw material for processing and at least 1,8 % or production of small fresh citrus fruit has been withdrawn from the market.
(95) Nevertheless, the processing industry is in competition with other purchasers of fresh satsumas and clementines and its ability to compete hampered by the fall in prices achieved for the like product as a result of the increase in imports of the product concerned at low prices in recent years. This has two direct consequences. First, the Community producers are becoming less able to afford to purchase the raw materials (fresh satsumas and clementines) at a price which allows them to achieve a reasonable level of profitability. Second, because of the low prices offered by the Community producers to growers for satsumas, which are principally used as raw material for canning, growers are reorientating their production from satsumas towards clementines in an effort to increase the profitability of their production. However, that process does not yet appear to be sufficiently far advanced to have had an appreciable effect on the availability of supply to the Community producers.
(96) It should be noted that by the end of 2001/02, the year in which imports increased to 44804 tonnes and the Community producers EU sales fell to 36156 tonnes, the Community producers stocks had increased by 9636 tonnes to 16387 tonnes. This appears to demonstrate that the fall in sales suffered by the Community producers was not caused by an inability to supply on their part.
(97) Therefore, the Commission has reached the provisional determination that lack of supply did not contribute to the injury suffered by the Community producers.
10.1.7. Other factors
(98) No other causation factors were identified by the Commission services or raised by interested parties during the provisional investigation.
10.2. Attribution of injurious effects
(99) The serious injury suffered by the Community producers took the form mainly of reduced sales volume, reduced unit prices and worsening profitability and financial losses. The Commission did not identify any other factors which could have contributed to the injury apart from the increase in imports.
(100) The Commission noted that, having ensured the effects of other factors are not attributed to increased imports, that there is a genuine and substantial causal link between the decline in the Community producers' sales volumes, sales prices and profitability and the increase in imports, which not only increased at a much faster rate than the increase in consumption between 2000/01 and 2001/02, but increased whilst consumption fell from 1998/99 to 2000/01.
10.3. Conclusion
(101) After having determined that no injurious effects resulted from the other known factors, the Commission has reached the preliminary conclusion that there is a genuine and substantial link between increased imports and serious injury to the Community producers.
11. CRITICAL SITUATION
(102) The Commission has made a preliminary determination that critical circumstances exist in which delay would cause damage to the Community producers which it would be difficult to repair. As indicated above, the Commission has reached the preliminary conclusion that the Community producers are suffering serious injury. In particular, they have already suffered a decline, notably in production, sales volume, unit prices and profitability as a result of increased imports of the product concerned.
(103) In relation to the like or directly competing product, production has fallen by 28 % between 2000/01 and 2002/03. Sales in the Community have fallen by 26 % in the same period(5), and the Community producers' market share has also declined. Profitability declined sharply in this period, and in many cases sales are being made at a loss.
(104) Available information relating to the performance of the Community producers in the third quarter of 2002/03 indicates that production, sales and profitability continue to decline. The Community producers are clearly already in a weak position. The increase in imports has lead to oversupply on the Community market; falls in sales volumes and prices, losses, and serious injury. This situation is made worse by the apparent fall in consumption in the most recent period, compared to 2001/02.
(105) Therefore, it can be anticipated that without the application of import restrictions to the EU market, imports of the products concerned into the Community will continue at a high level, and the Community producers will continue to sustain losses and be forced into bankruptcy. This process has already begun. Two Spanish firms previously involved in the production of canned mandarins went bankrupt in April 2002, and it is highly likely that others will follow.
(106) In consequence, temporary or permanent closure of production facilities will be difficult to avoid. These closures are likely to affect production not only of the like product, but also of other products produced using the same facilities. The social impact in the regions concerned (principally Valencia and Murcia), would be substantial. The negative impact would also extend to those activities which are dependent on the Community producers affected by the measure.
(107) The very high level of imports to the EU market together with the extremely negative consequences of a continuation of imports at this level demand immediate measures by Community producers to increase sales revenues and stem anticipated losses, including closing production facilities and laying off employees. The damage caused to the Community producers by taking such action would be difficult to repair. If such action is to be avoided, provisional safeguard measures must be taken.
(108) Finally it is clear from the Chinese Ministry of Agriculture reports that a large-scale programme to improve the productivity of the land producing fresh citrus fruit is currently under way. This is expected to be achieved using improvements in technology and by replacing low volume and low quality trees with improved varieties. In addition, it is expected that further improvements in productivity will be achieved simply as a result of past tree-planting programmes which have not yet reached full maturity.
11.1. Conclusion
(109) Therefore, bearing in mind the poor economic situation of the Community producers and the continuing and increasing threat posed by the Chinese exporting producers the Commission considers that there exists a critical situation in which any delay in the adoption of provisional safeguard measures would cause damage which it would be difficult to repair. The bankruptcy of two producers already confirms that a critical situation exists. The Commission, therefore, concludes that provisional safeguard measures should be adopted without delay.
12. COMMUNITY INTEREST
12.1. Preliminary remarks
(110) The purpose of safeguard measures is to remedy serious injury which has occurred as a result of unforeseen developments and prevent a further deterioration of the situation of the Community producers of the product concerned. In addition to unforeseen developments, increased imports, serious injury, causation and critical circumstances, the Commission has examined whether any compelling economic reasons exist which could lead to the conclusion that it is not in the Community interest to impose provisional measures. For this purpose, the impact of possible provisional measures on all parties involved in the proceedings and the likely consequences of taking or not taking provisional measures, were considered on the basis of the evidence available.
12.2. Interest of the Community producers
(111) The Community producers have invested heavily and have the most highly mechanised and automated production systems in the world. They are viable and competitive in normal market conditions. During the period examined, the Community producers have suffered a significant fall in production and sales as a result of which they are currently unable to operate profitably. The Community producers' position would clearly be put in jeopardy should a continuation of the current high level of imports at low prices not be prevented by the imposition of provisional safeguard measures. The continuation of the current level of imports may lead to a number of them withdrawing from production of canned mandarins or ceasing their activities entirely.
12.3. Interests of producers of fresh small citrus fruit in the Community
(112) It is in the interests of fresh fruit producers supplying raw material to the Community producers to have strong and predictable demand for their product at a price at which they are able to make a reasonable profit. In the absence of these conditions, many of the fresh fruit producers will be unable to remain in business in the medium to long term. It appears that one effect of the high level of low priced imports of the product concerned is to drive down the price of the raw material (small fresh citrus fruit, especially satsumas) on the EU market. Therefore, it is in the interests of the fresh fruit producers for measures to be taken to reduce the volume of low priced imports of the product concerned to the EU.
12.4. Interest of users and importers in the Community
(113) In order to evaluate the impact on importers and users of taking or not taking measures, the Commission sent questionnaires to the known importers and users of the product concerned on the Community market. Nine responses were received from importers, but none was received from users other than those related to importers. On the spot investigations took place at the premises of four importers of the product concerned.
(114) The importers argued that it was better to maintain different supply sources and that, if measures were taken, those measures should not be in the form of a minimum price system or allocation of a quota on a first-come-first-served basis as to do so would further disrupt the market. In particular, a first-come-first-served basis would encourage imports in the early part of the year until the quota was utilised when demand would then turn to domestic supply. In addition, they stressed the need for traders in the principal European markets and consumers to continue to have access to good quality product at low prices.
(115) In this respect, it should be noted that the provisional measures proposed consist of a tariff quota which reflects a level higher than the traditional level of imports. Therefore, disadvantages likely to be suffered by users and importers, if any, are not considered such as to outweigh the benefits expected to accrue to the Community producers as a consequence of the proposed provisional measures, which are considered the minimum necessary to prevent further deterioration in the situation of the Community producers.
12.5. Interest of consumers in the Community
(116) As the product concerned is a consumer product, the Commission informed various consumer organisations of the opening of an investigation. No responses were received from consumer organisations and the impact on consumers is therefore considered to be minimal.
13. GENERAL CONSIDERATION
(117) Moreover, by reason of the increased imports of the product concerned (as described in recitals 38 to 110) the Community market in the product concerned, being one of the products listed in Article 1(2) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products(6), as last amended by Regulation (EC) No 2699/2000(7), is affected by serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty (as described in recitals 45 et seq.). The conditions set under Article 22 of Regulation (EC) No 2201/96, if applicable, are therefore fulfilled.
14. FINAL CONSIDERATIONS
(118) The preliminary analysis of the findings of the investigation confirms the existence of a critical situation and the need for provisional safeguard measures in order to prevent further injury to the Community producers which it would be difficult to remedy.
14.1. Form and level of provisional safeguard measures
(119) In order to keep the Community market open and ensure the availability of supply to meet demand it is appropriate to establish a system of tariff quotas, in excess of which an additional duty is required to be paid, so that even imports in excess of the tariff quotas can still enter the Community, albeit upon payment of an additional duty. That additional duty should be set at a level such as to provide adequate relief to the Community producers and has been calculated on the basis of a target price at which the Community producers would achieve a profit of 6,8 % on turnover less the average import price in the period 2001/02 to 2002/03 at the same level of trade adjusted to CIF Community border customs duty included. This profit level has been based on an assessment of actual profits achieved in the period 1998/99 to 2001/02. The level of underselling has been calculated at 22 %. In terms of a fixed duty, the duty payable should therefore be EUR 155 per tonne.
(120) In order to maintain access to the Community market, the tariff quota should be based on the volume of imports during a recent period. The most recent three-year period for which import statistics are available is the years 1999/2000 to 2001/02. The tariff quotas should therefore be based on the average volume imported in these years (27570 tonnes). It is considered that this volume is such as to allow the Community producers to continue to adjust whilst avoiding a further deterioration in their situation. However, bearing in mind the duration of the provisional measures explained below (154 days) and the necessity to exclude developing countries whose exports to the Community market do not exceed 3 % of EU imports of the product concerned, the overall amount of the tariff quotas should be 11632 tonnes.
(121) In order to preserve traditional trade flows whilst ensuring that the Community market remains open to new supplying countries, the amount of the tariff quotas should be divided amongst those countries having a substantial interest in supplying the product concerned to the Community market, and a part should be reserved to those countries which do not currently have such a substantial interest. After consultation with PRC, the only country having such a substantial interest, the Commission considers it appropriate to assign a specific tariff quota to PRC based on the proportions of the total quantity of the product supplied by that country during the three-year period 1999/2000 to 2001/02. The vast majority of the imports in this period originated in PRC and therefore a country specific tariff quota should apply to PRC and one to all other countries.
(122) On the basis outlined the amount of the quota assigned to PRC would be 11389 tonnes for a period of 154 days, whilst the amount assigned to all other countries for that period would be 243 tonnes. It is considered that if this were done, the quota assigned to all other countries would be too small to allow competition or to allow newcomers to enter the market. It is desirable that countries other than PRC should also have the opportunity to export the product concerned to the Community. The quota assigned to all other countries should therefore be increased to 3 % of Community consumption (or 906 tonnes for 154 days), giving an overall total volume of 12295 tonnes the tariff quotas for a period of 154 days.
(123) In conformity with Community legislation and the international obligations of the Community, the provisional safeguard measures should not apply to any product originating in a developing country as long as its share of imports of that product into the Community does not exceed 3 %.
(124) The provisional determination made by the Commission shows that the only developing country which does not meet the requirements to benefit from the abovementioned derogation is PRC. The developing countries to which the provisional measures do not apply should therefore be specified and this is done in the Annex.
14.2. Administration of the tariff quotas
(125) Certain importers and their associations have requested that a system be introduced which would allow traditional importers who traditionally import the product concerned from PRC to have guaranteed quantities based on their traditional level of imports from PRC. Other importers argued that any system of quotas should operate on a first come first served basis in order to avoid an unnecessary administrative burden and to maintain competition.
(126) In order to obtain the information necessary to establish the appropriate method for managing the quotas, the Commission published a notice on 2 October 2003 inviting importers who have imported or wish to import the product concerned to provide certain detailed information on their past imports and anticipated future imports(8). On the basis of the information provided in response to that notice, in each of the canning seasons 1999/2000, 2000/01 and 2001/02, the vast majority of imports of the product concerned (more than 90 %) were imported by a small number of importers who imported an average of 500 tonnes or more per canning season (hereafter referred to as "traditional importers"). The remainder was imported by importers other than traditional importers (hereafter referred to as "other importers").
(127) The Commission has examined this request taking account of the following considerations:
- in the critical circumstances which exist and given that the canning season has already started, it is considered that provisional measures should be put in place with the least possible delay,
- without a system of guaranteed licences, the price of the imported product from PRC is likely to rise dramatically in the early part of the tariff quota period as importers seek to ensure that their imports are not subject to safeguard duty, and might subsequently collapse when importers reach or exceed the level of imports necessary to fulfil their orders (so-called "windfall effects"). The windfall effects of the allocation of the tariff quotas on a first-come-first-served basis risk harming Community producers as demand will be focused on imports from PRC in the early part of the canning season and will only transfer to the Community producers' product after the tariff quota is exhausted. This risks reducing the Community producers' sales in the early part of the canning season, and they would also suffer from the uncertainty created by severe price fluctuations. Were this to occur, it would jeopardise achievement of the aim pursued in establishing the provisional measures,
- it is in the interests of existing importers who normally import substantial quantities of the product concerned from PRC, that provision is made to ensure that traditional trade flows are preserved and that they continue to be able to import a certain quantity of the product concerned from PRC free of additional duty. It is also in the interests of new importers that they have some opportunity to import the product concerned from PRC free of additional duty,
- it is in the interests of retailers and consumers that there should continue to be an adequate supply of the product concerned on the Community market and that the market price should be stabilised,
- the form of the provisional measures should be such as to achieve their objective whilst minimising unnecessary market disruption in the form of severe price fluctuations and negative effects on the Community producers, as well as ensuring least administrative burdens on importers.
(128) Having taken account of these considerations, the Commission considers that it would not be appropriate to administer the tariff rate quota on a first-come-first-served basis. Rather, those economic operators who have traditionally imported a substantial quantity of the product concerned to the Community (so called "traditional importers") should have the opportunity to apply for a licence to import a quantity of the product concerned free of additional duty, based on their traditional level of imports from PRC. At the same time, other importers who wish to import the product concerned into the Community from PRC, but who do not meet this criteria (so called "other importers"), should have the opportunity to apply for a licence to import a quantity of the product concerned free of additional duty.
(129) In order that the opportunity to import the product concerned free of additional duty can be fairly and equitably distributed, a system of licences should be established whereby the right to import the product concerned free of duty is subject to presentation of an import licence. The detailed rules for that system should be complimentary to, or derogate from, those laid down by Commission Regulation (EC) 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(9), as last amended by Regulation (EC) No 325/2003(10).
(130) In order that the system can operate effectively, the right to apply for a licence should be restricted to operators, natural or legal persons, individuals or groups who have recent experience of importing into the Community. Measures are also needed to keep to a minimum speculative applications for import licences which may result in the tariff quotas not being fully utilised. Therefore, in order to qualify to apply for a licence, importers should have recently imported into the Community a reasonable minimum quantity of similar products. Given the nature and value of the product concerned, it is considered reasonable that in order to qualify to apply for a licence, importers must have imported at least 50 tonnes of processed fruit and vegetable products as referred to in Article 1(2) of Regulation (EC) No 2201/96 in one or more of the canning seasons 1999/2000, 2000/01 and 2001/02. Further, provision should be made to require the payment of a security in respect of each tonne of the product concerned for which an application for a licence to import is made. That security should be at a level sufficiently high to discourage speculative applications but not so high as to discourage those engaged in genuine commercial activity in relation to processed fruit and vegetable products. It is considered that a security equal to around 20 % of the value of the imported product concerned is reasonable in this context.
(131) It is considered that, notwithstanding the high percentage of the product concerned imported by traditional importers in recent canning seasons, in order to keep the market open and maintain competition a minimum of 15 % of the tariff quota for goods originating in PRC should be made available to "other importers". Therefore, traditional trade flows of imports from PRC can best be maintained by assigning only 85 % of the tariff quota for goods originating in PRC as individual tariff quotas to the traditional importers, with the remaining 15 % being reserved to "other importers".
(132) Therefore, licences for 85 % of the tariff quota for imports of the product concerned originating in PRC should be made available upon application and subject to objective criteria, to traditional importers. Licences for the remaining 15 % of the tariff quota should be made available upon application and subject to objective criteria to "other importers". Such criteria are necessary to ensure that each traditional importer has the opportunity to preserve his position vis-à-vis other traditional importers, that no single importer is able to control the market and that competition between importers is preserved. In this respect, the most appropriate objective criteria for traditional importers is the maximum quantity (net weight) of the product concerned imported per canning season by the traditional importer in the canning seasons 1999/2000, 2000/01 and 2001/02. The most appropriate objective criteria for other importers are a limit of 20 % of the tariff quota available to other importers for goods of Chinese origin (id est 3 % of the tariff quota for goods of Chinese origin).
(133) As regards imports of the product concerned originating in countries other than PRC, as traditional importers do not import substantial quantities of the product concerned from countries other than PRC, and as the tariff quota to be established is substantially higher than imports in previous canning seasons, it is considered that the whole of the tariff quota should be available to all importers on the same basis, and that (for the reasons above mentioned) the most appropriate objective criteria for limiting applications for import licences is a limit of 20 % of the tariff quota available for goods of that origin.
(134) The eligibility of imported goods from developing countries to be excluded from the tariff quotas is dependent on the origin of the goods. The eligibility of imported goods for the tariff quota assigned to imports originating in PRC, and for the tariff quota for imports originating in all other countries, is also dependent on the origin of the goods. The criteria for determining origin currently in force in the Community should therefore be applied, and in order to ensure that the tariff quotas are administered efficiently, presentation of a certificate of origin at the Community frontier should be required for imports of the product concerned except where imports of the product concerned are covered by a proof of origin issued or made out in accordance with the relevant rules established in order to qualify for preferential tariff measures.
14.3. Duration
(135) The provisional measures should not last more than 154 days. The measures should enter into force on 9 November 2003 and should run for a period of 154 days unless definitive measures are imposed or the investigation is terminated without measures before that time,
HAS ADOPTED THIS REGULATION:
Article 1
System of tariff quotas
1. A system of tariff quotas is hereby opened for the period from the date of entry into force of this Regulation until 10 April 2004 in relation to imports into the Community of certain prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, containing added sugar, currently classifiable within CN codes 2008 30 55 and 2008 30 75 (hereinafter "canned mandarins"). The volume of the tariff quotas shall be 11389 tonnes for canned mandarins originating in the People's Republic of China (PRC), and 906 tonnes for canned mandarins originating in all other countries.
2. The conventional rate of duty provided in Council Regulation (EC) No 2658/87(11), or any preferential rate of duty, shall continue to apply to canned mandarins imported under the quotas referred to in paragraph 1.
3. Imports of those canned mandarins which are made without presentation of a licence relating to the country from which those canned mandarins originate shall be subject to an additional duty of EUR 155 per tonne.
Article 2
Definitions
For the purposes of this Regulation:
(a) "canning season" means: a period of 12 months from 1 October in one year to 30 September in the next year;
(b) "importer" means an operator, natural or legal person, individual or group having imported into the Community, in one or more of the canning seasons 1999/2000 to 2001/02, at least 50 tonnes per canning season of processed fruit and vegetable products as referred in Article 1(2) of Regulation (EC) No 2201/96, irrespective of the origin of those imports;
(c) "traditional importer" means an importer who has imported an average of 500 tonnes or more of canned mandarins per canning season into the Community in the canning seasons 1999/2000, 2000/01 and 2001/02, irrespective of the origin of those imports;
(d) "reference quantity" means the maximum quantity of canned mandarins imported per canning season by a traditional importer during one of the canning seasons 1999/2000, 2000/01 and 2001/02;
(e) "other importers" means importers who are not traditional importers;
(f) "origin" refers to the country from which an import originates, being either PRC on the one hand, or a country other than PRC on the other.
Article 3
System of import licences
1. All imports under the quotas referred to in Article 1(1) shall be subject to the presentation of an import licence (hereinafter the "licence") issued in accordance with Regulation (EC) No 1291/2000, subject to the provisions of this Regulation.
2. Article 8(4) of Regulation (EC) No 1291/2000 shall not apply to the licences. Box 19 of licences shall be marked "0".
3. In derogation from Article 9 of Regulation (EC) No 1291/2000, the rights accruing from licences shall not be transferable.
4. The amount of the security referred to in Article 15(2) of Regulation (EC) No 1291/2000 shall be EUR 150 per tonne net.
Article 4
Validity of licences
1. Box 8 of licence applications and licences shall indicate the country of origin of the product. The word "yes" in box 8 shall be marked with a cross. Licences shall be valid only for the products originating in the country indicated in that box.
2. Licences shall be valid only for the period for which they have been issued. Box 24 thereof shall contain the following entry "licence valid only until 10 April 2004".
Article 5
Licence applications
1. Only importers may lodge licence applications.
Applications shall be lodged with the competent national authorities. In support of their applications, importers shall provide information verifying to the satisfaction of the competent national authorities compliance with Article 2(b) and (c).
2. Licence applications may be lodged during seven working days from the date of entry into force of this Regulation.
3. Licence applications lodged by traditional importers shall cover a quantity no greater than the reference quantity for the traditional importer concerned in relation to imports of canned mandarins originating in PRC, and no more than 20 % of the tariff quota specified in relation to imports of canned mandarins originating in all other countries.
4. Licence applications lodged by other importers shall cover a quantity no greater than 3 % of the tariff quota specified in Article 1(1) in relation to imports of canned mandarins originating in PRC, and no more than 20 % of the tariff quota specified in relation to imports of canned mandarins originating in all other countries.
5. Box 20 of licence applications shall indicate "traditional importer" or "other importer" as appropriate, and "request under Regulation (EC) No 1964/2003".
Article 6
Allocation of the tariff quotas
1. For imports of Chinese origin, the tariff quota defined in Article 1(1) shall be allocated as follows:
(a) 85 % to traditional importers;
(b) 15 % to other importers.
If these quantities are not fully exhausted by one category of importers, the remainder may be allocated to the other category.
2. For imports other than of Chinese origin, the quota defined in Article 1(1) shall be available to traditional importers and other importers.
Article 7
Member States communications to the Commission
1. The Member States shall notify the Commission whether import licence applications have been lodged and the quantities covered by the licence applications.
2. The information referred to in paragraph 1 shall be notified by no later than 12.00 (Brussels time) on the ninth working day from the day of entry into force of this Regulation.
3. The communication referred to in paragraph 1 shall be effected by electronic means on the form sent for that purpose by the Commission to the Member States. The information contained therein shall be broken down by type of importer and by origin within the meaning of Article 2.
Article 8
Issue of licences
1. On the basis of the information notified by the Member States pursuant to Article 7, the Commission shall decide, by means of a regulation, for each origin and each type of importer within the meaning of Article 2, and taking into account paragraph 2, the proportion in which the licences are to be issued by no later than the 24th working day from the date of entry into force of this Regulation. Where, on the basis of the information notified by the Member States pursuant to Article 7, the Commission finds that licence applications exceed the quantities established in accordance with Articles 1 and 6, it shall fix a single percentage reduction to be applied to the licence applications in question.
2. Licences shall be issued by the competent national authorities on the third working day following the entry into force of the regulation foreseen in paragraph 1.
3. Where, pursuant to paragraph 1, the quantity for which a licence is issued is less than the quantity requested, the licence application may be withdrawn within three working days of the entry into force of the measures adopted pursuant that paragraph. In the event of such a withdrawal, the security shall be released immediately.
Article 9
Developing countries
Imports of canned mandarins originating in one of the developing countries specified in the Annex shall not be subject, or allocated, to the tariff quotas.
Article 10
General provisions
1. The origin of the canned mandarins to which this Regulation applies shall be determined in accordance with the provisions in force in the Community.
2. Subject to paragraph 3, any release into free circulation in the Community of canned mandarins originating in a third country shall be subject to:
(a) presentation of a certificate of origin issued by the competent national authorities of that country meeting the conditions laid down in Article 47 of Regulation (EEC) No 2454/93; and
(b) the condition that the product has been transported directly, within the meaning of Article 11, from that country to the Community.
3. The certificate of origin referred to in paragraph 2(a) shall not be required for imports of canned mandarins covered by a proof of origin issued or made out in accordance with the relevant rules established in order to qualify for preferential tariff measures.
4. Proof of origin shall be accepted only if the canned mandarins meet the criteria for determining origin set out in the provisions in force in the Community.
Article 11
Direct transport
1. The following shall be considered as transported direct to the Community from a third country:
(a) products transported without passing through the territory of any third country;
(b) products transported through one or more third countries other than the country of origin, with or without trans-shipment or temporary warehousing in those countries, provided that such passage is justified for geographical reasons or exclusively on account of transport requirements and provided that the products:
(i) have remained under the supervision of the customs authorities of the country or countries of transit or warehousing;
(ii) have not entered into commerce or been released for consumption there; and
(iii) have not undergone operations there other than unloading and reloading.
2. Proof that the conditions referred to in paragraph 1(b) have been satisfied shall be submitted to the Community authorities. That proof may be provided, in particular, in the form of one of the following documents:
(a) a single transport document issued in the country of origin covering passage through the country or countries of transit;
(b) a certificate issued by the customs authorities of the country or countries of transit containing:
(i) a precise description of the goods;
(ii) the dates of their unloading and reloading or their lading or unlading, identifying the vessels used.
Article 12
Imports in the process of shipment to the Community
1. This Regulation shall not apply to products in the process of shipment to the Community within the meaning of paragraph 2.
2. Products shall be deemed to be in the process of shipment to the Community if they:
- left the country of origin before the date this Regulation begins to apply, and
- are shipped from the place of loading in the country of origin to the place of unloading in the Community under cover of a valid transport document issued before the date this Regulation begins to apply.
3. The parties concerned shall provide, to the satisfaction of the customs authorities, proof that the conditions laid down in paragraph 2 have been met.
However, the authorities may regard the products as having left the country of origin before the date this Regulation begins to apply if one of the following documents is provided:
- in the case of transport by sea, the bill of lading showing that loading took place before that date,
- in the case of transport by rail, the consignment note that was accepted by the railway authorities in the country of origin before that date,
- in the case of transport by road, the CMR contract for the carriage of goods or any other transport document issued in the country of origin before that date,
- in the case of transport by air, the air consignment note showing that the airline took the products over before that date.
Article 13
The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.
Article 14
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union and apply until 10 April 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 2003.
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Commission Decision
of 9 October 2001
amending Decision 93/693/EC as regards the list of semen collection centres approved for the export to the Community of semen of domestic animals of the bovine species from third countries
(notified under document number C(2001) 2999)
(Text with EEA relevance)
(2001/726/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9(1) thereof,
Whereas:
(1) The competent veterinary services of the United States of America have forwarded a request for one addition to the list, established by Commission Decision 93/693/EC(2), as last amended by Decision 2001/639/EC(3) of semen collection centres officially approved for the export from the United States of America to the Community of semen of domestic animals of the bovine species.
(2) Guarantees regarding compliance with the requirements specified in Article 9 of Directive 88/407/EEC have been received by the Commission from the United States of America.
(3) Decision 93/693/EC should therefore be amended accordingly.
(4) 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 93/693/EC is amended as follows:
The following line is added to the lines concerning United States' centres:
TABLE "
Article 2
This Decision is addressed to all Member States.
Done at Brussels, 9 October 2001.
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Commission Regulation (EC) No 1214/2003
of 7 July 2003
amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds(1), as last amended by Commission Regulation (EC) No 803/2003(2), and in particular Article 17 thereof,
Whereas:
(1) The Commission has received an application from the London Diamond Bourse and Club to be listed in Annex V to Regulation (EC) No 2368/2002 (hereafter "the Regulation").
(2) The London Diamond Bourse and Club has provided the Commission with information to prove that it has fulfilled the requirements of Article 17 of the Regulation, in particular by adopting a code of conduct that will be binding for all its members.
(3) On the basis of the information provided, the Commission has reached the conclusion that listing the London Diamond Bourse and Club in Annex V to the Regulation is justified.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 22 of Regulation (EC) No 2368/2002,
HAS ADOPTED THIS REGULATION:
Article 1
The text contained in the Annex to this Regulation is added to Annex V to Regulation (EC) No 2368/2002.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 July 2003.
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COUNCIL DECISION of 29 June 1995 relating to exceptional Community aid for the reconstruction of the areas stricken by the cyclone that hit Madeira in October 1993 (95/250/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas those living in certain areas of Madeira have been seriously affected by the cyclone of October 1993;
Whereas steps should be taken in this quite exceptional situation to offset the consequences of this disaster on the economic and social well-being of the persons affected;
Whereas the European Investment Bank is able to grant loans out of its own resources to help achieve this objective;
Whereas an interest subsidy chargeable to the general budget of the European Communities should be provided on these loans;
Whereas similar measures were adopted following the natural disasters that occurred in Italy (3) and in Greece (4);
Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,
HAS DECIDED AS FOLLOWS:
Article 1
The Community shall provide an interest rate subsidy, chargeable to the budget of the European Communities, of 3 percentage points per annum for a maximum period of twelve years, on some loans granted by the European Investment Bank (EIB) out of its own resources and in accordance with its usual criteria for the financing of investment in the regions devastated by the cyclone that hit Madeira in October 1993.
The total amount of subsidized loans may not exceed the equivalent of ECU 15,85 million in principal. These loans shall be directed to projects carried out between 1993 and 1997, for the reconstruction and reorganization of stricken areas (infrastructure works and secondarily housing).
The loans will be approved by the EIB, on the basis of projects put forward by the Portuguese authorities.
Article 2
The detailed arrangements for implementing this Decision shall be laid down in a cooperation agreement between the Commission and the EIB. In particular, this agreement should set out the detailed rules for the payment of the interest rate subsidies.
Article 3
The Commission will present to the European Parliament and the Council - in close cooperation with the EIB and before 31 December 1998 - a report evaluating the implementation of this Decision, and in particular on the additional effects produced by the interest subsidies.
Article 4
This Decision shall take effect on the date of its adoption.
Done at Luxembourg, 29 June 1995.
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Commission Regulation (EC) No 1698/2001
of 28 August 2001
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables(1), as last amended by Regulation (EC) No 1498/98(2), and in particular Article 4(1) thereof,
Whereas:
(1) Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.
(2) In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.
Article 2
This Regulation shall enter into force on 29 August 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 August 2001.
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COMMISSION REGULATION (EC) No 1259/97 of 1 July 1997 amending Regulation (EC) No 1501/95 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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (1), as last amended by Commission Regulation (EC) No 923/96 (2), and in particular Article 13 thereof,
Whereas Commission Regulation (EC) No 1501/95 (3), as last amended by Regulation (EC) No 95/96 (4), lays down certain detailed rules on the granting of export refunds on cereals, in particular in the context of invitations to tender;
Whereas Article 18 of Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (5), as last amended by Regulation (EC) No 815/97 (6), lays down general rules regarding proof of completion of customs formalities for release for consumption; whereas Article 13 of Regulation (EC) No 1501/95 provides for derogation from these requirements in cases where export takes place by sea; whereas, in the interest of clarity, the cases in which such a derogation applies should be defined more precisely, in particular as regards the fact that this exemption is only admissible where the refund has been fixed in a contract awarded for all third countries without exception;
Whereas it should be made possible to award contracts fixing refunds or export taxes without disrupting continuity in transitional market situations; whereas, therefore, bids relating to refunds should be compatible with bids relating to taxes and there should not be any blockage of the tender procedure in an intermediate situation;
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
The first paragraph of Article 13 of Regulation (EC) No 1501/95 is hereby replaced by the following:
'Notwithstanding Article 18 of Regulation (EEC) No 3665/87, proof of completion of customs formalities for release for consumption shall not be required for payment of refunds fixed in a contract awarded for refunds on exports to all third countries, provided that the operator provides proof that a quantity of at least 1 500 tonnes of cereal product have left the customs territory of the Community on board a vessel suitable for sea transport.`
Article 2
The first subparagraph of Article 7 (2) of Regulation (EC) No 1501/95 is hereby replaced by the following:
'2. Where a maximum export refund is fixed, the contract shall be awarded to the tenderer or tenderers whose bids are equal to or lower than the maximum refund, as well as to the tenderer or tenderers whose bid relates to an export tax.`
Article 3
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, 1 July 1997.
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*****
COUNCIL REGULATION (EEC) No 4067/87
of 22 December 1987
fixing, for 1988, the quota applicable to imports into Portugal of oil cake from third countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article 234 (2) thereof,
Having regard to the proposal from the Commission,
Whereas Article 245 of the Act of Accession states that the Portuguese Republic may, until 31 December 1992, apply quantitative restrictions to the importation from third countries of the products listed in Annex XXI, including oil cake;
Whereas Council Regulation (EEC) No 167/87 of 19 January 1987 fixing, for 1987, the quota applicable to imports into Portugal of oil cake from third countries (1) fixed the initial quota at 126 500 tonnes; whereas this quantity should be increased for 1988 by the minimum rate of 15 % provided for in Article 245 (3) of the Act of Accession;
Whereas this Regulation applies to all third countries, without prejudice, however, to the protocols to be concluded with preferential third countries as provided for in Article 366 of the Act, or to transitional measures as specified in Article 367 thereof; whereas it should, however, be specified that quantities resulting from quantitative restrictions fixed as a result of application of these Articles are included in those fixed for third countries by this Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. For the period 1 January to 31 December 1988, the quota referred to in Article 245 of the Act of Accession, to be applied by the Portuguese Republic to imports from third countries of oil cake falling within subheading 2304 00 00 and 2305 00 00 and heading No 2306, excluding subheadings 2306 90 11 and 2306 90 19, of the combined nomenclature shall be fixed at 145 500 tonnes.
2. As far as preferential countries are concerned, should the protocols specified in Article 366 of the Act of Accession or in their absence, the autonomous measures taken under Article 367 of that Act, lay down quantitative restrictions, such restrictions shall be determined before fixing the quantities for other third countries within the framework arrangements set out in paragraph 1.
Article 2
This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1987.
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COMMISSION REGULATION (EC) No 244/2007
of 7 March 2007
concerning the authorisation of L-histidine monohydrochloride monohydrate as a feed additive
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
Whereas:
(1)
Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.
(2)
An application for authorisation has been submitted for L-histidine monohydrochloride monohydrate as an amino acid.
(3)
As the application for authorisation was submitted before the date of application of Regulation (EC) No 1831/2003, it was submitted under Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (2). As from 18 October 2004, amino acids, their salts and analogues fall under the scope of Regulation (EC) No 1831/2003. The application is therefore to be considered as an application under Article 7 of Regulation (EC) No 1831/2003.
(4)
In order to comply with the requirements laid down in Article 7 of Regulation (EC) No 1831/2003, additional information was submitted in support of the application.
(5)
The application concerns authorisation of L-histidine monohydrochloride monohydrate as a feed additive for salmonids, to be classified in the additive category ‘nutritional additives’ and the functional group ‘amino acids, their salts and analogues’.
(6)
The European Food Safety Authority (the Authority) concluded in its opinions of 2 March 2005 (3) and of 18 October 2006 (4) that L-histidine monohydrochloride monohydrate does not have an adverse effect on animal health, human health or the environment. It further concluded that L-histidine monohydrochloride monohydrate does not present any other risk which would, in accordance with Article 5(2) of Regulation (EC) No 1831/2003, exclude authorisation. According to that opinion, it is an essential amino acid also for fish, and the use of that preparation has been shown to prevent cataracts under farming conditions for salmonids. The opinion of the Authority recommends appropriate measures for user safety. It does not consider that there is a need for specific requirements of post market monitoring. The report on the method of analysis of the feed additive in feed was submitted by the Community Reference Laboratory set up by Regulation (EC) No 1831/2003 to the Authority. The assessment of that preparation shows that the conditions for authorisation, provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that preparation should be authorised, as specified in the Annex to this Regulation.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
The preparation specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘amino acids, their salts and analogues’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 March 2007.
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Council Regulation (EC) No 2433/2001
of 6 December 2001
amending Regulation (EEC) No 2658/87 as regards suspension on an autonomous basis of the common customs tariff duties on certain industrial products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(1) established a nomenclature of goods, hereafter referred to as "the Combined Nomenclature".
(2) Gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments are classifiable, until 31 December 2001, under code 3824 of the Harmonised System and as such subject to a customs duty of 6,5 %. Such products will be classifiable, from 1 January 2002, in Chapter 30 of the Combined Nomenclature, following the entry into force of the amendments to the nomenclature appended as an annex to the International Convention on the Harmonised Commodity Description and Coding System and accepted pursuant to the Recommendation of 25 June 1999. As an outcome of the Uruguay Round negotiations on pharmaceutical products, Chapter 30 of the Combined Nomenclature is free of customs duties. The Contracting Parties to the Agreement on trade in pharmaceutical products have reached an understanding according to which they will provide, on an autonomous basis, duty free treatment for these gel preparations. It is in the interest of the Community autonomously to extend this exemption from customs duties to these products.
(3) Unwrought lead for refining, containing 0,02 % or more by weight of silver ("bullion lead") falling within CN code 7801 99 10 is subject to a duty rate of "free" provided that certain conditions laid down in 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(2) are met. The Customs Code Committee set up by Article 247 of Regulation (EEC) No 2913/92(3) has determined that "bullion lead" containing by weight antimony as the principal other element is classified within CN code 7801 91 00 resulting in the application of a duty rate of 2,5 %. It is in the commercial interest of the Community to provide, under the same conditions, the tariff treatment envisaged under CN code 7801 99 10 for both types of "bullion lead".
(4) The Contracting Parties to the Agreement on trade in civil aircraft have reached an understanding according to which they will provide, on an autonomous basis, duty free treatment for aircraft ground maintenance simulators falling within CN code 9023 00 80.
(5) Having regard to the economic importance of this Regulation, the grounds of urgency should be invoked that are provided for in point 1.3 of the Protocol on the role of national parliaments in the European Union annexed to the Treaty on European Union and to the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community.
(6) The measures provided for in this Regulation should be accompanied by end-use provisions if necessary. Regulation (EEC) No 2658/87 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I, Part Two (Schedule of Customs Duties) to Regulation (EEC) No 2658/87 is hereby amended as follows:
1. In Chapter 30, footnote 1 shall be inserted in column 3 for CN code 3006 70 00, and the following footnote text shall be inserted at the bottom of the page: "(1) Customs duty autonomously suspended for an indefinite period."
2. In Chapter 78:
- Footnote 1 shall be inserted in column 3 for CN code 7801 91 00 and the following footnote text shall be inserted at the bottom of the page: "(1) Customs duty autonomously suspended, for an indefinite period, for lead for refining, containing 0,02 % or more by weight of silver (bullion lead) (TARIC code 7801 91 00 10 ).
Entry under this subheading is subject to conditions laid down in the relevant Community provisions [see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1) and subsequent amendments]."
- Current footnote 1 becomes footnote 2;
3. In Chapter 90:
- Footnote 1 shall be inserted in column 3 for CN code 9023 00 80 and the following footnote text shall be inserted at the bottom of the page: "(1) Customs duty autonomously suspended, for an indefinite period, for 'aircraft ground maintenance simulators, for civil use' (TARIC code 9023 00 80 10 ).
Entry under this subheading is subject to conditions laid down in the relevant Community provisions [see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1) and subsequent amendments]."
- Current footnote 1 becomes footnote 2.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 December 2001.
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COMMISSION REGULATION (EC) No 502/2009
of 15 June 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 16 June 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 June 2009.
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Commission Regulation (EC) No 2293/2003
of 23 December 2003
concerning applications for export licences for rice and broken rice with advance fixing of the refund
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2),
Having regard to Commission Regulation (EC) No 1342/2003 of 28 July 2003, laying down special detailed rules for the application of the system of import and export licences for cereals and rice(3), and in particular the second subparagraph of Article 8(3) thereof,
Whereas:
(1) Article 8(3) of Regulation (EC) No 1342/2003 provides, where this paragraph is specifically referred to when an export refund is fixed, for an interval of three working days between the day of submission of applications and the granting of export licences with advance fixing of the refund and provides that the Commission is to fix a uniform percentage reduction in the quantities if applications for export licences exceed the quantities which may be exported. Commission Regulation (EC) No 2224/2003(4) fixes refunds under the procedure provided for in the abovementioned paragraph for 2000 tonnes for the destination R01 defined in the Annex to that Regulation.
(2) For the destination R01, quantities applied for on 22 December 2003 are in excess of the available quantity. A percentage reduction should therefore be fixed for export licence applications submitted on 22 December 2003.
(3) In view of its purpose, this Regulation should take effect from the day of its publication in the Official Journal,
HAS ADOPTED THIS REGULATION:
Article 1
For the destination R01 defined in the Annex to Regulation (EC) No 2224/2003, applications for export licences for rice and broken rice with advance fixing of the refund submitted pursuant to that Regulation on 22 December 2003 shall give rise to the issue of licences for the quantities applied for to which a percentage reduction of 76,45 % has been applied.
Article 2
For the destination R01 defined in the Annex to Regulation (EC) No 2224/2003, applications for export licences for rice and broken rice submitted from 23 December 2003 shall not give rise to the issue of export licences pursuant to that Regulation.
Article 3
This Regulation shall enter into force on 24 December 2003.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 December 2003.
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COMMISSION REGULATION (EC) No 662/2006
of 28 April 2006
fixing the minimum selling prices for butter for the 8th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10 thereof,
Whereas:
(1)
In accordance with Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/99 as regards measures for the disposal of cream, butter and concentrated butter on the Community market (2), the intervention agencies may sell by standing invitation to tender certain quantities of butter from intervention stocks that they hold and may grant aid for cream, butter and concentrated butter. Article 25 of that Regulation lays down that in the light of the tenders received in response to each individual invitation to tender a minimum selling price shall be fixed for butter and maximum aid shall be fixed for cream, butter and concentrated butter. It is further laid down that the price or aid may vary according to the intended use of the butter, its fat content and the incorporation procedure. The amount of the processing security as referred to in Article 28 of Regulation (EC) No 1898/2005 should be fixed accordingly.
(2)
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 8th individual invitation to tender under the standing invitation to tender provided for in Regulation (EC) No 1898/2005 the minimum selling prices for butter from intervention stocks and the amount of the processing security, as referred to in Articles 25 and 28 of that Regulation respectively, are fixed as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 29 April 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 2006.
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COMMISSION REGULATION (EC) No 1548/98 of 17 July 1998 amending Regulation (EC) No 1435/97 determining the Member States in which the campaigns to promote the consumption of grape juice may be carried out in respect of the 1996/97 wine year
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 organisation of the market in wine (1), as last amended by Regulation (EC) No 2087/97 (2), and in particular Article 46(5) and Article 81 thereof,
Whereas, in view of the time needed to complete examination of the programmes, the time limit provided for signature of contracts in Article 1(2) of Commission Regulation (EC) No 1435/97 (3), amended by Regulation (EC) No 1035/98 (4), should be extended;
Whereas the time limit resulting from the provision in the amended text is 1 July 1998; whereas the Regulation must therefore enter into force on the day of its publication;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Article 1(2) of Regulation (EC) No 1435/97 is hereby replaced by the following:
'2. Contracts for that campaign shall be signed by 27 July 1998 at the latest. The payment of contracts shall be made at the latest three months after the successful fulfilment of the contracts.`
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, 17 July 1998.
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COUNCIL REGULATION (EC) No 1650/2006
of 7 November 2006
extending the definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on imports of coumarin originating in the People's Republic of China to imports of coumarin consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 13 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Existing measures
(1)
Following an expiry review, by Regulation (EC) No 769/2002 (2) (the original Regulation), the Council imposed a definitive anti-dumping duty of EUR 3 479 per tonne on imports of coumarin, falling within CN code ex 2932 21 00 originating in the People's Republic of China (PRC).
(2)
In December 2004, after circumvention practices via India and Thailand were found, the measures were extended by Regulation (EC) No 2272/2004 (3) to imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not.
2. Request
(3)
On 13 February 2006, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC (the request). The request was submitted by the European Chemical Industry Council (CEFIC) (the applicant) on behalf of the sole producer in the Community.
(4)
The request contained sufficient prima facie evidence that there had been a change in the pattern of trade following the imposition of the existing anti-dumping measures and anti-circumvention measures on imports of coumarin originating in the PRC, as shown by a significant increase in imports of the same product from Indonesia and Malaysia.
(5)
This change in the pattern of trade was alleged to stem from the transhipment of coumarin originating in the PRC via Indonesia and Malaysia. It was further alleged that there was insufficient due cause or economic justification for these practices other than the existence of the anti-dumping measures on imports of coumarin originating in the PRC.
(6)
Finally, the applicant submitted evidence that the remedial effects of the existing anti-dumping measures on coumarin originating in the PRC were being undermined both in terms of quantities and prices. Significant volumes of imports of coumarin from Indonesia and Malaysia appeared to have replaced imports of coumarin from the PRC. In addition, there was sufficient evidence that the increase in imports was made at prices well below the non-injurious price established in the investigation that led to the existing measures, and that dumping was taking place in relation to the normal values previously established for coumarin originating in the PRC.
3. Initiation
(7)
The Commission initiated an investigation by Regulation (EC) No 499/2006 (4) (the initiating Regulation) into the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC by imports of coumarin consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not and, pursuant to Articles 13(3) and 14(5) of the basic Regulation, directed the customs authorities to register imports of coumarin consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not, falling within CN code ex 2932 21 00 (TARIC code 2932210016).
4. Investigation
(8)
The Commission officially advised the authorities of the PRC, Indonesia and Malaysia, the producers/exporters, the importers in the Community known to be concerned and the applicant of the initiation of the investigation. Questionnaires were sent to the producers/exporters in the PRC as well as to the importers in the Community named in the request. There were no known producers in Indonesia and Malaysia. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. All parties were informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and findings being made on the basis of the facts available.
(9)
No producer or exporter in the PRC, Indonesia or Malaysia submitted a reply to the questionnaire. Indonesian authorities replied that there was no producer of coumarin known in Indonesia.
5. Investigation period
(10)
The investigation period covered the period from 1 March 2005 to 28 February 2006 (IP). Data from 2002 up to the end of the investigation period were collected to investigate the alleged change in the pattern of trade.
B. RESULTS OF THE INVESTIGATION
1. General considerations/degree of cooperation
(a) Indonesia and Malaysia
(11)
No producers or exporters of coumarin in Indonesia and Malaysia made themselves known or cooperated in the investigation. Accordingly, findings in respect of the exports of coumarin consigned from Indonesia and Malaysia to the Community had to be made on the basis of the facts available in accordance with Article 18 of the basic Regulation. At the outset of the investigation, the authorities of Indonesia and Malaysia had been informed of the consequences of non-cooperation, as set out in Article 18(6) of the basic Regulation.
(b) PRC
(12)
No Chinese producers or exporters cooperated in the investigation.
(13)
It was made clear to the known companies that non-cooperation may lead to the application of Article 18 of the basic Regulation.
2. Product concerned and like product
(14)
The product concerned by the alleged circumvention is, as defined in the original Regulation, coumarin currently classifiable within CN code ex 2932 21 00. Coumarin is a whitish crystalline powder with the characteristic odour of newly mown hay. Its main uses are as an aroma chemical and as a fixative in the preparation of fragrance compounds, such compounds being used in the production of detergents, cosmetics and fine fragrances.
(15)
Coumarin can be manufactured following two different production processes: the Phenol route which involves Perkin reaction and the o-Cresol route which involves Rasching reaction. However, coumarin produced through these two processes has the same basic physical and chemical characteristics and has the same uses.
(16)
In the absence of cooperation by parties in Indonesia or Malaysia, it must be inferred, on the basis of the information available and in the absence of any contrary evidence, that coumarin exported to the Community from the PRC and coumarin consigned from Indonesia and Malaysia have the same basic physical and chemical characteristics and have the same uses. They are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation.
3. Change in the pattern of trade
(17)
As stated above, the change in the pattern of the trade was alleged to stem from transhipment via Indonesia and Malaysia.
Indonesia
(18)
As no Indonesian company cooperated in the investigation, exports from Indonesia to the Community had to be established on the basis of the facts available pursuant to Article 18 of the basic Regulation. Eurostat data, the most appropriate information available, were therefore used to establish the export prices and quantities of imports from Indonesia.
(19)
Significant imports from Indonesia into the Community started immediately after the initiation of the previous anti-circumvention investigation against India and Thailand, at the level of 12,5 tonnes in 2004, 15 tonnes in 2005 and 10 tonnes in the investigation period (representing 1,7 % of the EU consumption). In parallel, Chinese exports into Indonesia have developed from 57 tonnes in 2003 to 83,8 tonnes in the investigation period.
(20)
In the absence of cooperation and of any contrary evidence, it is concluded that there was a change in the pattern of trade between the PRC, Indonesia and the Community from 2004 to the end of the investigation period, which stemmed from transhipment of coumarin originating in the PRC via Indonesia.
Malaysia
(21)
As no Malaysian company cooperated in the investigation, exports from Malaysia to the Community had to be established on the basis of the facts available pursuant to Article 18 of the basic Regulation. Eurostat data, the most appropriate information available, were therefore used to establish the export prices and quantities of imports from Malaysia.
(22)
Imports from Malaysia into the Community started in 2005, reaching a level of 13 tonnes in 2005 and 23 tonnes in the investigation period (representing 3,9 % of the EU consumption). At the same time, the Chinese exports into Malaysia have grown from 23,6 tonnes in 2004 to 43,76 tonnes in the investigation period.
(23)
In the absence of cooperation and of any contrary evidence, it is concluded that there was a change in the pattern of trade between the PRC, Malaysia and the Community from 2005 to the end of the investigation period, which stemmed from transhipment of coumarin originating in the PRC via Malaysia.
4. Insufficient due cause or economic justification
Indonesia
(24)
In the absence of cooperation and of any contrary evidence, it is concluded that, given that significant imports started immediately after the initiation of the previous anti-circumvention investigation against India and Thailand, in parallel with an increase of Chinese exports of coumarin to Indonesia, the change in the pattern of trade stemmed from the existence of the anti-dumping measures rather than from any other sufficient due cause or economic justification within the meaning of Article 13(1) of the basic Regulation. In this respect, it is also noted that there is no evidence of genuine production of coumarin in Indonesia.
Malaysia
(25)
In the absence of cooperation and of any contrary evidence, it is concluded that, given that the imports started in 2005, after the extension of the measures on imports of coumarin consigned from India or Thailand and that, in parallel, the Chinese exports into Malaysia have grown from 23,6 tonnes in 2004 to 43,76 tonnes in 2005, the change in the pattern of trade stemmed from the existence of the anti-dumping measures rather than from any other sufficient due cause or economic justification within the meaning of Article 13(1) of the basic Regulation. In this respect, it is also noted that there is no evidence of genuine production of coumarin in Malaysia.
5. Undermining of the remedial effects of the duty in terms of the prices and/or the quantities of the like products
Indonesia
(26)
Based on the trade flow analysis made above, it was found that a change in the pattern of the Community imports is linked to the fact that there were anti-dumping and anti-circumvention measures in place. While imports declared as originating in Indonesia were absent on the Community market until 2003, they amounted to 4 tonnes in 2003, to 12,5 tonnes in 2004, to 15 tonnes in 2005 and to 10 tonnes in the investigation period, representing 1,7 % of Community consumption.
(27)
The investigation revealed that the imports from Indonesia have taken place at price levels below the export price in the original investigation and well below the original normal value.
(28)
On the basis of the above, it is concluded that the change in trade flows, together with the abnormally low prices of exports from Indonesia have undermined the remedial effects of the anti-dumping measures both in terms of quantities and prices of the like products.
Malaysia
(29)
Based on the trade flow analysis made above, it was found that a change in the pattern of trade is linked to the fact that there were anti-dumping and anti-circumvention measures in place. While there were no imports of coumarin into the Community before 2005, they amounted to 13 tonnes in 2005 and to 23 tonnes in the investigation period.
(30)
The investigation revealed that the imports from Malaysia have taken place at price levels below the export price in the original investigation and well below the original normal value.
(31)
On the basis of the above, it is concluded that the change in trade flows, together with the abnormally low prices of exports from Malaysia have undermined the remedial effects of the anti-dumping measures both in terms of quantities and prices of the like products.
6. Evidence of dumping in relation to the normal values previously established for like or similar products
Indonesia
(32)
In order to determine whether evidence of dumping could be found with respect to the exports of coumarin from Indonesia to the Community during the IP, Eurostat data were used pursuant to Article 18 of the basic Regulation.
(33)
Article 13(1) of the basic Regulation requires evidence of dumping in relation to the normal value previously established for the like or similar products.
(34)
For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability. These adjustments were made in accordance with Article 2(10) of the basic Regulation in respect of transport and insurance, on the basis of the facts available, i.e. as given in the request, in accordance with Article 18 of the basic Regulation.
(35)
In accordance with Articles 2(11) and 2(12) of the basic Regulation, the comparison of the weighted average normal value as established in the previous investigation and the weighted average of export prices during this investigation's IP, expressed as a percentage of the cif price at the Community frontier, duty unpaid, showed dumping for the imports of coumarin to the Community from Indonesia. The dumping margin found, expressed as a percentage of the cif price at the Community frontier, duty unpaid, was above 100 %.
Malaysia
(36)
In order to determine whether evidence of dumping could be found with respect to the exports of coumarin from Malaysia to the Community during the IP, Eurostat data were used pursuant to Article 18 of the basic Regulation.
(37)
For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability. These adjustments were made in accordance with Article 2(10) of the basic Regulation in respect of transport and insurance, on the basis of the facts available, i.e. as given in the request, in accordance with Article 18 of the basic Regulation.
(38)
In accordance with Articles 2(11) and 2(12) of the basic Regulation, the comparison of the weighted average normal value as established in the previous investigation and the weighted average of export prices during this investigation's IP, expressed as a percentage of the cif price at the Community frontier, duty unpaid, showed dumping for the imports of coumarin to the Community from Malaysia. The dumping margin found, expressed as a percentage of the cif price at the Community frontier, duty unpaid, was above 100 %.
C. MEASURES
(39)
In view of the above findings of circumvention within the meaning of Article 13(1) of the basic Regulation, the existing anti-dumping measures on imports of the product concerned originating in the PRC should be extended to the same product consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not.
(40)
The duty extended should be the one established in Article 1(2) of the original Regulation.
(41)
Pursuant to Articles 13(3) and 14(5) of the basic Regulation, which provide that any extended measures shall be applied against registered imports from the date of registration, the anti-dumping duty should be collected on imports of coumarin consigned from Indonesia or Malaysia, which entered the Community under registration imposed by the initiating Regulation.
D. REQUESTS FOR EXEMPTION
(42)
Although during this investigation no genuine producer of coumarin was found to exist in Indonesia or Malaysia or made itself known to the Commission, new producers which would consider lodging a request for an exemption from the extended anti-dumping measure pursuant to Article 13(4) of the basic Regulation are informed that they will be required to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. Such exemption may be granted after the assessment of, for instance, the market situation of the product concerned, production capacity and capacity utilisation, procurement and sales and the likelihood of continuation of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on the spot verification visit. The request would have to be addressed to the Commission forthwith, with all relevant information, in particular any modification in the company's activities linked to production and sales.
(43)
Importers could still benefit from exemption from the measures to the extent that their imports are from exporting producers, which are granted such an exemption, and in accordance with Article 13(4) of the basic Regulation.
(44)
Where an exemption is warranted, the Council will amend this Regulation accordingly. Subsequently, any exemption granted will be monitored by the Commission to ensure compliance with the conditions set therein.
E. PROCEDURE
(45)
Interested parties were informed of the essential facts and considerations on the basis of which the Council intended to extend the definitive anti-dumping measures in force and were given the opportunity to comment and to be heard. No comments which were of a nature to change the above mentioned conclusions were received,
HAS ADOPTED THIS REGULATION:
Article 1
1. The definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on imports of coumarin, falling within CN code ex 2932 21 00 originating in the People's Republic of China is hereby extended to imports of coumarin, falling within CN code ex 2932 21 00 consigned from Indonesia or Malaysia, whether declared as originating in Indonesia or Malaysia or not (TARIC code 2932210016).
2. The duty extended by paragraph 1 shall be collected on imports registered in accordance with Article 2 of Regulation (EC) No 499/2006 and Articles 13(3) and 14(5) of Regulation (EC) No 384/96.
3. The provisions in force concerning customs duties shall apply.
Article 2
1. Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:
European Commission
Directorate-General for Trade
Directorate B
Office: J-79 05/17
B-1049 Brussels
Fax (32 2) 295 65 05
2. In accordance with Article 13(4) of Regulation (EC) No 384/96, the Council may decide to exempt imports which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 769/2002 from the duty extended by Article 1.
Article 3
Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EC) No 499/2006.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 2006.
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Commission Regulation (EC) No 2411/2000
of 30 October 2000
repealing Regulation (EC) No 2015/2000 prohibiting fishing for Northern prawn by vessels flying the flag of Sweden
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(1), as last amended by Regulation (EC) No 2846/98(2), and in particular Article 21(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 2015/2000(3) prohibits fishing for Northern prawn in Norwegian waters south of 62° 00' N by vessels flying the flag of Sweden or registered in Sweden.
(2) On 12 October 2000, Denmark transferred to Sweden 25 tonnes of Northern prawn in Norwegian waters south of 62° 00' N. Fishing for Northern prawn in Norwegian waters south of 62° 00' N by vessels flying the flag of Sweden or registered in Sweden should therefore be authorised. Regulation (EC) No 2015/2000 should therefore be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2015/2000 is hereby repealed.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 October 2000.
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*****
COMMISSION REGULATION (EEC) No 1106/90
of 18 April 1990
on the communication of information for the purposes of the common organization of the market in fishery products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (1), as last amended by Regulation (EEC) No 2886/89 (2), and in particular Articles 9 (5), 11 (4), 15 (4), 17 (6), 22 (5) and 31 thereof,
Whereas the Commission has to be able to monitor the price stabilization activities of producers' organizations and the way in which they apply the systems of financial compensation, carry-over premiums and storage premiums;
Whereas the Community intervention arrangements under Regulation (EEC) No 3796/81 require information to be available on the prices recorded on the wholesale markets and in representative ports of the Community;
Whereas the markets and ports of the Member States to be considered representative for a given product have to be established;
Whereas it is also necessary to stipulate how frequently the market prices are to be recorded and related notifications made;
Whereas improved organization has led to an increase in the number of notifications relating to the application and monitoring of Community intervention arrangements in the common organization of the markets;
Whereas experience has shown the need to simplify, standardize and rearrange the data transmitted;
Whereas this Regulation is therefore to replace Commission Regulation (EEC) No 3598/83 (3), as last amended by Regulation (EEC) No 1528/88 (4), and 3599/83 (5); whereas these Regulations should be repealed;
Whereas, since various data in several Commission Regulations have been grouped together in this Regulation, the following articles should be repealed: Article 2 (1) and (2) of Regulation (EEC) No 1985/74 of 25 July 1974 laying down detailed rules of application for the fixing of reference prices and free-at-frontier prices for carp (6), as last amended by Regulation (EEC) No 2046/85 (7); Article 4 of Regulation (EEC) No 1501/83 of 9 June 1983 on the disposal of certain fishery products which have been the subject of measures to stabilize the market (8); Article 15 (2) of Regulation (EEC) No 3321/82 of 9 December 1982 laying down detailed rules for the granting of a carry-over premium for certain fishery products (9), as last amended by Regulation (EEC) No 3507/89 (10); Article 18 (2) of Regulation (EEC) No 314/86 of 11 February 1986 laying down detailed rules for the grant of a storage premium for certain fishery products (11), as last amended by Regulation (EEC) No 2201/89 (12); Article 14 (1) and (2) of Regulation (EEC) No 2415/89 of 3 August 1989 laying down detailed rules of application for the granting of private storage aid for certain fishery products (13);
Whereas, in order that Member States may adapt the notifications in time and in the required form required by this Regulation, it should be adopted several months before its entry into force;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fisheries Products,
HAS ADOPTED THIS REGULATION:
TITLE I
Communication of information concerning withdrawal and selling prices by producers' organizations
Article 1
1. Member States shall communicate the information specified in Article 9 (4) of Regulation (EEC) No 3796/81, hereinafter referred to as 'the basic Regulation', to the Commission within one month of the beginning of the fishing year during which the withdrawal and selling prices are to be applied.
Where the withdrawal and selling prices are fixed by an association grouping two or more producers' organizations, each producers' organization intending to apply the arrangements communicated must be named.
2. Any change in the information referred to in paragraph 1 must be notified to the Commission by the Member States without delay.
TITLE II
Notifications concerning the products listed in Annexes I (A), (D) and (E) and IV (B) to the basic Regulation
Article 2
The notifications specified in Article 11 (1) of the basic Regulation shall comprise, for each of the products listed in Annex I (A), (D) and (E) to that Regulation and for each representative market or port:
1. the following monthly data:
(a) the average market price weighted according to the quantity marketed
- of each product
and
- the product category used for fixing the guide price;
(b) the total quantity marketed of the product and of the category referred to in the second indent of (a);
(c) the total quantity withdrawn from the market;
2. the following six-monthly data:
(a) the average six-monthly market price of each product category;
(b) the quantities marketed, broken down by product category.
3. Moreover, if the market in a product slumps or undergoes disturbance or is threatened with such, the data shall be communicated at least weekly, with separate figures for each market day.
Article 3
Member States shall communicate to the Commission the information referred to in Article 11 (3) of the basic Regulation every six months. For products referred to in Annex IV (B) and frozen on board, it shall comprise the average selling price and the quantities sold on the wholesale market, broken down by usual commercial presentation.
Article 4
1. In respect of each product listed in Annex I (A), (D) and (E) of the basic Regulation, Member States shall notify the Commission every six months of:
(a) the quantities withdrawn from or remaining unsold on the market at, as appropriate:
- the Community withdrawal price and the Community selling price and, where applicable, the regionalized withdrawal price,
- the autonomous withdrawal price.
The categories of each product withdrawn must be specified;
(b) the average price obtained, per disposal option provided for in Article 1 of Regulation (EEC) No 1501/83; in addition, not later than six months following the end of the fishing year concerned, the annual quantities disposed of broken down by manner of disposal and by product.
(c) the quantity of each product on which the carry-over premium is to be granted, broken down by category, the type of processing carried out and the average wholesale selling price of the processed products;
(d) the quantity of each product on which the storage premium is to be granted, broken down by category, the type of storage and the average wholesale selling price of the products that have been in storage.
2. After the fishing year has ended, producers' organizations shall communicate to the Member State to which they belong, in respect of the products listed in Annex I (A), (D) and (E) of the basic Regulation, the quantities of products sold by the organization and the quantities for which financial compensation, carry-over premiums or storage premiums, as provided for in Articles 13, 14 and 14 (a) of the basic Regulation, have been granted. Member States shall forward these data to the Commission not later than six months after the beginning of the following fishing year.
TITLE III
Notifications concerning the products listed in Annexes II and III to the basic Regulation
Article 5
Member States shall communicate to the Commission the information referred to in Article 15 (2) of the basic Regulation, which shall contain, for each product listed in Annex II to that Regulation selected for fixing the guide price, and for each representative market and port:
- the average monthly market price, weighted according to the quantities marketed,
- the total quantities during that month. Article 6
Member States shall communicate to the Commission the information referred to in Article 17 (4) of the basic Regulation, which shall contain, for each species and form of presentation referred to in Annex III to that Regulation and for each representative market or port:
- the average monthly market price, weighted according to the quantities marketed,
- the total of the quantities marketed during that month.
Separate notifications shall be made for fresh and chilled products on the one hand, and for frozen products.
Article 7
1. For products listed in Annexes II and III of the basic Regulation, producers' organizations shall communicate to the relevant authorities of the Member State concerned at least the following monthly data for each species and commercial presentation:
- the quantity landed by their members,
- the quantity sold and the average selling price, in the case of products listed to in Annex II,
- the quantity sold and delivered to the processing industry and the average selling price, in the case of products listed in Annex III,
- the quantity unsold put into cold storage,
- the quantity put back on the market following storage.
The Member State shall forward these communications to the Commission monthly.
2. Should it be found that selling prices are lower than the level specified in Article 16 (1) (a) of the basic Regulation and are likely to remain so, the producers' organizations shall communicate the abovementioned information to the Member State weekly, broken down by each market day. The Member State shall forward this information to the Commission immediately.
TITLE IV
Notifications concerning certain products of Annex IV (A) to the basic Regulation
Article 8
Member States shall communicate to the Commission, every year before 1 November, the average monthly production prices recorded in the representative production zones and the quantities of carp marketed in the form of presentation referred to in Article 1 of Regulation (EEC) No 1985/74. Each notification shall cover the three years preceding the fixing of the reference prices.
The production price shall be the producer's selling price to the wholesaler.
The representative production zones shall be:
1.2 // Germany: // Oberpfalz, // // the whole of Oberfranken and Mittelfranken; // France: // Dombes, // // the whole of the Brenne/Sologne area.
TITLE V
General provisions
Article 9
1. The representative wholesale markets and ports mentioned in Articles 11 (2), 15 (3) and 17 (5) of the basic Regulation shall be those listed in Annex I hereto for the products indicated.
2. The average market price shall be the average price at the stage of first sale, weighted by the quantities marketed, no account being taken of any quantities withdrawn.
Article 10
1. All notifications referred to in this Regulation shall be transmitted to the Commission by telex, fax or direct data-processing link in the form set out in Annexes II to XIII.
2. Save as otherwise provided, communications to the Commission shall be made by the following dates:
- monthly communications shall be transmitted before the 15th day of the following month,
- six-monthly communications shall be transmitted before 1 September, for the first half year, and before 1 March of the following year, for the second half.
Article 11
1. Regulations (EEC) No 3598/83 and (EEC) No 3599/83 are hereby repealed.
2. Article 2 (1) and (2) of Regulation (EEC) No 1985/74, Article 4 of Regulation (EEC) No 1501/83, Article 15 (2) of Regulation (EEC) No 3321/82, Article 18 (2) of Regulation (EEC) No 314/86 and Article 14 (1) and (2) of Regulation (EEC) No 2415/89 are hereby repealed.
Article 12
This Regulation shall enter into force on 1 January 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 April 1990.
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COMMISSION DECISION of 16 September 1993 amending for the fifth time Decision 93/242/EEC concerning the importation into the Community of certain live animals and their products originating in certain European countries in relation to foot-and-mouth disease
(93/498/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countires (1), as last amended by Directive 92/118/EEC (2), and in particular Article 19 (7) thereof,
Whereas the Commission has received acceptable written assurances from Croatia concerning the guarantees for export of fresh meat from its territory to the Community; whereas the Commission has carried out a mission to Croatia; whereas, on the basis of the mission's report Croatia can now be permitted to export fresh meat under the provisions of Chapter II of Commission Decision 93/242/EEC of 30 April 1993 concerning the importation into the Community of certain live animals and their products originating in certain European countries in relation to foot-and-mouth disease (3), as last amended by Decision 93/397/EEC (4), from certain regions to the Community;
Whereas, therefore, it is necessary to amend Decision 93/242/EEC;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Commission Decision 93/242/EEC is hereby amended as follows:
1. in Annex A, the footnote reference (4) is added after 'Croatia', and the following footnote is added:
'(4) For live animals and meat products only.';
2. in Annex B, 'Croatia (5)' and the following footnote are added:
'(5) Applicable only to fresh meat produced in the provinces of:
Cakovec, Verazdin, Ludbreg, Ivanec, Novi Marof, Koprivnica, Krapina, Zlatar Bistrica, Zelina, Urbovec, Bjelovar, Durdevac, Virbotica, Slobodno Polje, Cazma, Krizevci, Klanejec, Zabok and Donja Stvbica.
Importation of fresh meat from the remaining provinces is prohibited.'
Article 2
The Commission shall monitor developments in the situation in Croatia and shall make proposals for amendments to this Decision in the light of these developments.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 16 September 1993.
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COMMISSION REGULATION (EC) No 1465/96 of 25 July 1996 imposing a provisional anti-dumping duty on imports of certain ring binder mechanisms originating in Malaysia and 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 (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 7 thereof,
After consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Initiation
(1) On 28 October 1995, the Commission announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding with regard to imports into the Community of certain ring binder mechanisms originating in Malaysia and the People's Republic of China and commenced an investigation. The proceeding was initiated as a result of a complaint lodged on 18 September 1995 by Krause GmbH and Koloman Handler GmbH, whose collective output was alleged to represent 90 % of Community production of ring binder mechanisms (hereinafter referred to as 'RBM`). The complaint contained sufficient evidence of dumping by the imports concerned and of material injury resulting therefrom to justify the initiation of an anti-dumping proceeding.
2. Investigation
(2) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainant Community producers about the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within a set time limit.
A number of producers in the countries concerned as well as of Community users made their views known in writing. All parties who so requested within the above time limit were granted a hearing.
(3) The investigation period for the determination of dumping ran from 1 October 1994 to 30 September 1995.
(4) The Commission sent questionnaires to all parties known to be concerned and received detailed replies from the complainant Community producers, from the sole producer in Malaysia, from five Hong Kong exporters and one exporter in the United States, those five being related to Chinese producers, as well as from three importers in the Community related to the producers in the exporting countries concerned and five independent importers in the Community.
(5) The Commission sought and verified all the information it considered necessary for a preliminary determination of dumping and injury and carried out investigations at the premises of the following firms:
(a) complainant Community producers:
- Koloman Handler GmbH, Vienna (Austria),
- Krause GmbH & Co. KG. Espelkamp (Germany);
(b) exporters/producers:
1. Malaysia
- Bensons Metal Products, Shah Alam;
2. People's Republic of China
Since all of the five Chinese producers/exporters were related to companies in Hong Kong and/or the United States and those companies replied to the questionnaires sent to the producers/exporters in the People's Republic of China, the following related companies were subjected to on-the-spot investigations:
- Champion Stationery Manufacturing Co. Ltd (Hong Kong),
- Hong Kong Stationery Mfg Co. Ltd (Hong Kong),
- Sun Kwong Metal Manufacturer Co. Ltd (Hong Kong),
- US Ring Binder Corp., New Bedford (USA),
- Wah Hing Stationery Manufactory Co. Ltd (Hong Kong),
- World Wide Stationery Manufacturing Co. Ltd (Hong Kong).
Champion Stationery Manufacturing Co. Ltd and Sun Kwong Metal Manufacturer Co. Ltd are owned by the same group of companies and both sell their Chinese RBM to a related company located in the United States (US Ring Binder);
(c) importers related to producers/exporters:
- Bensons International Systems BV, Utrecht (The Netherlands),
- Bensons International Systems Ltd, Stroud (UK),
- Hong Kong Stationery Ltd, Eastleigh (UK);
(d) independent importers:
- KWH Plast (UK) Ltd, Milton Keynes (UK),
- KWH Plast Vertriebs GmbH, Speyer (Germany).
3. Market economy third country
(6) As the People's Republic of China is considered a non-market economy country, the Commission announced at the initiation of the proceeding that Malaysia was envisaged as an appropriate market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. This choice was based on the information submitted in the complaint, which alleged that, in terms of cost structure and production technology, the situation in Malaysia was reasonably close to that found in China. Furthermore, it was alleged that the producers in both countries incur few if any environmental costs in producing the product concerned.
(7) All interested parties were given the opportunity to comment on the choice envisaged and one importer objected to it but failed to substantiate his claim sufficiently and did not propose any alternative market-economy country.
(8) The investigation showed that Malaysia is the sole market-economy country outside the Community in which RBM are produced by a company which has no links to the complainant Community producers.
(9) Based on the information submitted by a company related to a Chinese exporter, the Commission could establish that the production process and technology and the level of automation in Malaysia and the People's Republic of China are comparable.
(10) With respect to the competitive situation on the Malaysian market, it appears that there is competition between local production and imports. Indeed, the Commission found that RBM originating in Malaysia and in the People's Republic of China were sold on this market.
(11) Therefore, in view of the facts described above, the Commission considered it appropriate and reasonable to use Malaysia as a market economy third country for the establishment of normal value for the Chinese exports of RBM to the Community.
B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
1. Product under consideration
(12) The product concerned by the proceeding is certain RBM used for manufacturing ring binders, software and technical manuals, photo and stamp albums, catalogues and brochures, which consist of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on it, which are kept together by a steel cover. They can be opened either by pulling the half rings or with a small steel trigger mechanism fixed to the RBM. RBM fall within CN code ex 8305 10 00. Lever-arch mechanisms, falling within the same CN code, are not included in the scope of this investigation.
(13) Several hundred different types of RBM were sold during the investigation period in the Community. The types varied by size, shape and number of rings, the size of the base plate and the system to open the rings (pull open or opening trigger). However, in view of the fact that all RBM have the same basic physical characteristics and that the types of RBM can, within a certain range, replace each other, the Commission established that all RBM exported from Malaysia and the People's Republic of China constitute one single product for the purpose of the present proceeding.
2. Like product
(14) The Commission was able to establish that the RBM produced and sold in Malaysia were identical to or have physical characteristics closely resembling those of the RBM exported from that country and from the People's Republic of China to the Community.
(15) The investigation has also shown that the RBM produced by the Community industry and the ones exported to the Community from Malaysia and the People's Republic of China are either identical or have characteristics closely resembling each other.
(16) An importer also claimed that mechanisms with 17 and 23 rings are not like products in relation to 'standard` two to four-ring mechanisms and should be excluded from the scope of the proceeding. In support of its claim, this importer argued that the products in question are much more sophisticated and their cost of production is three to six times higher than that of RBM with fewer rings. The importer concerned also argued that the 17 and 23-ring mechanisms were part of a niche market found in The Netherlands only.
Those arguments cannot be accepted, since the 17 and 23-ring mechanisms have the same basic physical characteristics, applications and use as other RBM; moreover Community production covers the full range of products, including 17 and 23-ring mechanisms.
(17) Accordingly, the Commission considers that RBM produced and sold in the Community, RBM produced and sold in Malaysia, and those exported to the Community from Malaysia and the People's Republic of China should be regarded as 'like products`, within the meaning of Article 1 (4) of Regulation (EC) No 384/96 (hereinafter referred to as 'the Basic Regulation`).
C. DUMPING
1. Malaysia
(18) Due to the large number of different models of RBM exported to the Community, only the best-selling models, covering more than 75 % of the total sales volume by the Malaysian exporter to the Community during the investigation period, were taken into account for the purpose of the dumping calculation.
(a) Normal value
(19) The sales of RBM by the sole Malaysian producer on its domestic market during the investigation period amounted to 5,8 % of its exports to independent customers in the Community over the same period. Consequently, those domestic sales were considered to have been made in sufficient quantities.
(20) Where models were sold on the Malaysian domestic market in sufficient quantities in the ordinary course of trade, normal value for the comparable models exported to the Community was established on the basis of the average domestic price paid by independent customers, since less than 20 % of those sales were made at a loss.
In other cases where domestic sales of a model were not made in sufficient quantities, normal value for the comparable model exported to the Community was constructed on the basis of the cost of production in Malaysia plus an amount for selling, general and administrative costs (SG& A) and for profits. SG& A and profits were established on the basis of the Malaysian producer's actual data pertaining to production and sales, in the ordinary course of trade, of the like product.
(b) Export price
(21) As all exports to the Community during the investigation period were made by the Malaysian producer concerned to related importers, the export price had to be constructed, in accordance with Article 2 (9) of the Basic Regulation, on the basis of the price at which the imported products were first resold to an independent buyer in the Community. In order to establish a reliable export price at Community frontier level, all costs incurred by the related importers between importation and resale, as well as a margin of profit of 7,8 % were deducted from the reselling price. The margin of profit was established on the basis of the average profit normally realized by independent importers of RBM in the Community.
(c) Comparison
(22) For comparison purposes, the Commission looked at the main physical characteristics of an RBM. On the basis of technical information gathered during the investigation, the following six main physical characteristics were selected in order to identify comparable models:
- type of mechanism (blade or wire)/opening system (if blade type),
- number of rings,
- shape of rings,
- ring spacing,
- nominal paper-holding capacity,
- width of base.
No interested party contested the selection of the abovementioned characteristics.
(23) When comparing the normal value with the export price, the Commission found that the normal value was established at a different level of trade than the export price, since sales in Malaysia were made to end-users, whereas the export price corresponded to that payable by distributors. This difference in the level of trade was considered to have an impact on the prices of RBM, and, for the purpose of its provisional findings and in the absence of any evidence as to how far prices would be affected by such difference, the Commission estimated the impact to be 10 % of the average gross margin (the difference between selling price and manufacturing cost) achieved by the Malaysian producer on its domestic sales to end-users. On this basis, the Commission considered it reasonable to reduce the normal value accordingly.
(24) In accordance with Article 2 (10) of the Basic Regulation, other allowances were made for the purpose of a fair comparison. Thus, adjustments were made for rebates, transport, insurance, handling, loading and ancillary costs, as well as for credit terms and commissions, which were either claimed by the exporter or identified during the on-the-spot investigation, and which affected prices and price comparability.
(d) Dumping margin
(25) The weighted average normal value per model was compared to the weighted average export price of the comparable model on an ex-works basis, in accordance with Article 2 (11) of the Basic Regulation.
(26) This comparison revealed the existence of dumping, the dumping margins corresponding to the amount by which the normal value of a model exceeds the export price of the comparable model. The average dumping margin on all models considered, expressed as a percentage of the actual export price, free at Community frontier, amounted for Bensons Metal Products, the sole Malaysian exporter concerned, to 42,8 %.
2. People's Republic of China
(27) In view of the large number of different models of RBM exported by the Chinese producers to the Community, the Commission limited its dumping calculation to the best-selling models of each producer, covering at least 80 % of their total volume exported to the Community during the investigation period.
(28) For the reasons explained under subheading 2 of heading (b) of recital (5), Champion Stationery Manufacturing Co. Ltd and Sun Kwong Metal Manufacturer Co. Ltd have been treated as one company for the determination of dumping.
(a) Normal value
(29) The People's Republic of China being considered as a non-market economy country and Malaysia having been selected an appropriate market economy third country, normal value for the Chinese exports had to be established on the basis of the prices and costs prevailing on the Malaysian market.
The Commission found that, for each of the Chinese producers except one (World Wide Stationery Manufacturing Co. Ltd), the sales of all models of RBM on the Malaysian market were made in sufficient quantities in relation with the comparable models sold for export to the Community by these producers during the investigation period.
(30) For these producers normal value was established on the basis of the average sales price for the comparable model sold in sufficient quantities and in the ordinary course of trade in Malaysia or, where there were no or insufficient sales of the comparable model in Malaysia, on the basis of the constructed value for that model. The normal value was constructed on the basis of the cost of production plus an amount for selling, general and administrative costs (SG& A) and for profits, which was established on the basis of the Malaysian producer's actual data pertaining to production and sales, in the ordinary course of trade, of the like product.
(31) With respect to World Wide Stationery Manufacturing Co. Ltd, since no individual model comparable to those sold for export to the Community by that company had been sold in sufficient quantities on the Malaysian market, normal value had to be constructed for all models, by applying the same methodology as was explained in recital (30) above.
(b) Export price
(32) Since all Chinese exports to the Community were made via related companies located in third countries, in establishing the export price on a fob China port basis, the direct selling costs incurred by those companies were deducted.
(33) Where exports were made via a related company located outside the Community to related importers in the Community and in order to establish a reliable export price at Community frontier level, the export price was constructed, in accordance with Article 2 (9) of the Basic Regulation, by deducting all costs incurred by the related importer between importation and resale to the first independent buyer in the Community, as well as a margin of profit of 7,8 % from the reselling price to that independent buyer. The margin of profit was established on the basis of the average profit normally realized by independent importers of RBM in the Community.
(c) Comparison
(34) In order to make a proper comparison between the Chinese models exported to the Community and the models used for the establishment of normal value, the Commission applied the same methodology as is described in recital (22).
(35) In comparing the normal value with the export price, the Commission determined that normal value was established at a level of trade different to the export price, since sales in Malaysia were made to industrial end-users, whereas the export price corresponded to that payable by distributors. Therefore, for the same reason as that set out in recital (23), an allowance for level of trade calculated in the manner described therein was deducted from the normal value.
(36) In accordance with Article 2 (10) of the Basic Regulation, other allowances were made for the purpose of a fair comparison. Thus, adjustments were made for rebates, transport, insurance, handling, loading and ancillary costs, as well as for credit terms and commissions, which were either claimed by the exporter or identified during the on-the-spot investigation, and which affected prices and price comparability.
(d) Individual treatment
(37) Champion Stationery Manufacturing Co. Ltd, Sun Kwong Metal Manufacturer Co. Ltd and World Wide Stationery Manufacturing Co. Ltd requested, within the time limits prescribed, the establishment of individual dumping margins.
(38) However, since Champion Stationery Manufacturing Co. Ltd was unable to provide, during the on-the-spot investigation, any relevant documents for the investigation period which could justify its claim, the Commission had to reject the latter on the grounds of non-cooperation.
(39) With respect to Sun Kwong Metal Manufacturer Co. Ltd and World Wide Stationery Manufacturing Co. Ltd, the information provided showed that their Chinese manufacturing operations had not been independent of the Chinese authorities with regard to their employment policy, their source of raw materials and other production materials and their method of conducting business in the People's Republic of China. In view of these findings, the Commission did not consider it appropriate to establish individual dumping margins for those two companies.
(e) Dumping margin
(40) The weighted average normal value per model fob Malaysian port was compared to the weighted average export price of the comparable model fob China port, in accordance with Article 2 (11) of the Basic Regulation.
(41) This comparison revealed the existence of dumping, the dumping margins corresponding to the amount by which the normal value of a model exceeds the export price of a comparable model. The weighted average dumping margin of all models considered, expressed as a percentage of the actual export price free at Community frontier, amounted for the People's Republic of China to 112,8 %.
D. COMMUNITY INDUSTRY
(42) The investigation has confirmed that the two complainant Community producers account for a major proportion, namely more than 90 %, of total Community production of RBM.
(43) In this respect, it was found that a limited portion of the sales of one of the complainant Community producers related to products which had undergone their last substantial processing in Hungary and had therefore to be excluded from its Community production. On the other hand, it was established that some products, which were reported in import statistics as being of Hungarian origin, were merely assembled in Hungary from Austrian parts and were therefore considered to be part of the Community production of the producer concerned, since the assembly operation which the products in question had undergone in Hungary did not, on the basis of non-preferential rules of origin, confer Hungarian origin on the finished products. The fact that such products had been reported in import statistics as being of Hungarian origin was considered irrelevant, since their origin had been declared on the basis of the preferential rules of origin, which are not applicable to this investigation.
(44) It was also established that, in addition to the two complainant Community producers' output, some production was also taking place in Italy and Spain. Although the companies involved did not supply complete data to the Commission, information obtained from various market sources confirmed that the producers in those two countries did not represent a significant share of the production of RBM in the Community.
One of the companies concerned, located in Spain, made itself known and requested to be considered as part of the Community industry. This company, however, was not a party to the complaint which was lodged by producers representing a major proportion of the total Community production. In addition, it was found that this company's sales were mostly of products imported from the People's Republic of China and therefore that its main core of business could not be considered to be the production of RBM in the Community. This company could therefore not be considered part of the Community industry.
(45) On this basis, the Commission has determined that the two complainant Community producers, who fully cooperated with the investigation and whose total Community output represents a major proportion of the total Community production of RBM, constitute the Community industry in accordance with Article 4 (1) of the Basic Regulation.
E. INJURY
1. Preliminary remarks
(46) For the purpose of establishing injury in the present proceeding, the Commission has analysed data relating to the period 1992 to September 1995. The geographical scope of the investigation over this period was the Community as composed at the time of initiation, therefore including all fifteen Member States. All necessary data for that purpose were collected from Community producers, exporters and importers.
One exporter argued that the complaint was inadmissible and that the evidence of injury contained therein was misleading in so far as it referred to a period prior to 1995. According to this exporter, one of the complaining Community producers, located in Austria, could not be considered part of the Community industry before 1 January 1995 when Austria became a Member of the European Union.
Since Austria had been a Member of the Union at the time of the lodging of the complaint, the Commission considers that the Austrian producer is part of the Community industry as defined in accordance with Article 4 (1) of the Basic Regulation and was therefore entitled to act as complainant.
As to the second part of this argument, the Commission takes the view that taking into account data relating to production in Austria during a period when that country had not yet acceded to the European Union is not only possible, but indispensable. Since any measures would be applicable to imports into the Community as a whole (15 Member States) the investigation should also cover the Community as a whole. In this respect, the period used for analysing the injury data is irrelevant in respect of the inclusion or exclusion of any Member States. This is in conformity with Article VI of GATT 1994.
It should also be recalled that the Agreement on the European Economic Area came into force on 1 January 1994, from which date the markets of inter alia the three new Member States (Austria, Finland and Sweden) could not be regarded as separated from the Community market. Due to the relatively limited number of producers in the world, the European market, in its geographical meaning, has been relatively well integrated since at least the early 1990s, for which reason the market conditions were not influenced by the accession of the new Member States.
It was considered therefore that the claim was unfounded.
2. Total consumption on the Community market
(47) In calculating total apparent consumption of RBM on the Community market, the Commission added the EC sales of Community producers to the total imports into the Community (based on replies from the cooperating exporters). For countries other than Malaysia, the People's Republic of China and Hungary, the estimate had to be based on Eurostat import statistics. In this connection, account was taken of the fact that CN code 8305 10 00 also covers products not included in the scope of this proceeding.
On this basis, the apparent EC consumption of RBM on the Community market increased from 240 million units in 1992 to 283 million units in the investigation period - an increase of 18 %.
3. Cumulative assessment of the effects of the dumped imports
(48) Although the volume of imports from Malaysia decreased from 1992 to the investigation period, the market share of Malaysian imports remained significant. The dumping margin of both Chinese and Malaysian imports is far from being de minimis, nor is the volume of imports. In addition, on the Community market the conditions of competition between imported products and between the imported and Community products are similar. There are no significant differences in quality between the Malaysian and the Chinese products and they are aimed at the same customers. Furthermore, the fall in Malaysian sales on the Community market is merely the result of the decision of the sole related importer of Malaysian products to source part of its requirements from the People's Republic of China. It is therefore a company decision to shift sourcing, which has to be taken into account when assessing the changing pattern of imports from Malaysia.
(49) On that basis, the Commission considers that the requirements laid down in Article 3 (4) of the Basic Regulation to assess the effects of Malaysian imports cumulatively with the imports from the People's Republic of China are met and, accordingly, the effect of the dumped imports from the two countries should be assessed jointly.
4. Volume and market share of the dumped imports
(50) The aggregate volume of dumped imports from Malaysia and the People's Republic of China has increased from 115,7 million units in 1992 to 160,2 million units in the investigation period - an increase of 38 %.
(51) The market share of RBM imported from Malaysia and the People's Republic of China went up from 48,1 % in 1992 to 56,5 % during the investigation period.
5. Prices of the dumped imports
(52) In order to determine whether the exporting producers were undercutting the prices of the Community producers during the investigation period, a price comparison was made on the basis of sales by the Community industry and resales by related importers to unrelated customers, considered to be at the same level of trade (mainly producers of binders). In the case of Chinese exports to unrelated importers, an adjustment was granted to reflect the difference in level of trade between importers and EC producers' customers. This adjustment, which was based on the costs and profits of the importers, included the customs duty to be paid. All prices were compared net of all discounts and rebates. In order to ensure a fair comparison, prices of models with similar physical characteristics were compared.
(53) Some importers have argued, without substantiating further their allegation, that the product concerned was manufactured in the People's Republic of China from steel of a lower quality than that used for the production of RBM in the Community and that this difference affected the comparability of the products. It was, however, established during the investigation that Chinese products were sold to end-users who also bought Community-produced products for the same uses. Therefore, it was considered that such an alleged difference in quality, even if it had been substantiated, would not have been sufficient to justify a distinction being made between these products.
(54) Owing to the large number of different models, the price comparison was made on the basis of a sample of models representing more than 60 % of both the volume of imported products and the EC producers' sales.
On that basis, the existence of price undercutting was established for imports from the countries concerned and it was found that the level of undercutting for imports originating in the People's Republic of China, expressed as a percentage of the Community industry's average selling price, was 11,5 %. Imports from Malaysia were found to undercut Community producers' prices by 3,1 %.
6. Situation of the Community industry
(a) Production
(55) In a period of expanding consumption, production of RBM by the Community industry between 1992 and the investigation period was relatively stable and therefore did not reflect this expansion. Indeed, the slight increase in production over this period is due to increased sales outside the Community.
(b) Capacity and capacity utilization
(56) Since the production capacity of the Community industry increased between 1992 and the investigation period, its utilization rate, which had stood at 55 % in 1992, declined to 49 % in the investigation period.
The increase of capacity was due to improvements in the efficiency of manufacturing machines which were bought before 1993 and reached their full production capacity in 1994.
(c) Stocks
(57) The Community industry's end-of-year stocks increased by 14 % between 1992 and the investigation period.
(d) Sales
(58) Between 1992 and the end of the investigation period, the quantity of RBM sold on the Community market by the Community industry Remained stable, but in value terms the sales decreased by 10 %.
(e) Market share
(59) The Community industry's share of the EC market, in volume, dropped from 41,4 % in 1992 to 35 % in the investigation period.
(f) Price depression
(60) For all products, the weighted average net selling price of the Community industry fell by 10 % from 1992 to the investigation period. In order to verify that this decrease was not due to a change in the product mix, the Commission evaluated the trend in prices for a sample of models representing more than 50 % of Community sales. It was established that the decrease in prices based on this sample, with a fixed product mix, was even more marked (around 20 %). The existence of a significant price depression is therefore confirmed.
(g) Profitability
(61) The industry incurred losses on its sales of the like product over the whole period and a loss of 5 % has been established for the investigation period. As a consequence of ongoing automation and restructuring, the Community industry has been able to reduce its losses between 1992 and the investigation period. This slight improvement was the result of a reduction in manufacturing and overhead costs, which was more marked than the general fall in prices.
(h) Employment and investments
(62) The workforce of the Community industry has declined by 28 % between 1992 and the investigation period, and investment has decreased considerably over the same period.
7. Conclusion on injury
(63) It is clear that the situation of the Community industry has worsened between 1992 and the end of the investigation period, in particular in respect of market share and selling prices.
(64) In a growing market, the total growth rate being 18 % between 1992 and the end of the investigation period (that is, an annual growth rate of around 6 %), the Community producers have lost 6 % of the market overall. Given that, in terms of volume, their sales remained stable, this means the Community producers have been prevented from benefiting from the market expansion.
(65) The Community industry's overall profitability on its sales of the like product although slightly improving over time, continued to be negative. This is due to the fact that its prices, significantly undercut, could not be increased, even slightly, between 1992 and the end of the investigation period. Its prices have in fact decreased on average by 10 % over this period of time. The Community producers' financial situation has become critical and, if allowed to continue, will not be sustainable. This creates a serious risk of the Community producers' ceasing and/or relocating their production in a relatively short time.
(66) In view of the above, the Commission considers that the Community industry has suffered material injury.
F. CAUSATION
1. Introduction
(67) The Commission examined whether the injury suffered by the Community industry was caused by the Malaysian and Chinese dumped imports and whether other factors had caused or contributed to that injury.
The RBM produced in the Community and the RBM imported from Malaysia and the People's Republic of China are in direct competition with each other, essentially on their price. This is due to the fact that there are no significant differences in quality between the imported products and Community produced ones. The products are aimed at the same customers, namely binder producers, in the same geographic area through similar sales channels.
2. Effect of the dumped imports
(68) In examining the effects of the dumped imports, it was found that the increasing volume and market share of such imports, in combination with their undercutting and decreasing prices, coincided with the loss of market share and the depression of the sales prices of the Community industry.
(69) For the major part of the Community market, which consists of standard RBM, the market is transparent and as such price-sensitive. Consequently, sales at low prices inevitably have substitution effects as customers choose to be supplied at the lowest price offered. It was therefore concluded that these low-priced imports can clearly be linked to the deteriorating situation of the Community industry.
3. Effect of other factors
(70) Consideration was given to whether factors, other than the dumped imports from Malaysia and the People's Republic of China, might have led to or contributed to the weak situation of the Community industry and especially whether imports from countries other than the two subject to this proceeding may have contributed to this situation.
(a) Hungary
(71) As was explained in recital (43), part of the production of one Community producer takes place in Hungary and has therefore been excluded from the production of this Community producer for the purpose of assessing injury. In order to determine whether the imports from Hungary, in isolation, caused injury to the Community industry, the Commission examined the level of imports and prices on the Community market.
As explained in recital (43), the Eurostat import statistics do not properly reflect actual trade flows of RBM originating in Hungary, and therefore the analysis of the Commission as regards Hungarian imports between 1992 and September 1995 had to be based on data restricted to those RBM actually originating in Hungary in accordance with non-preferential rules of origin. On this basis, it was established that the level of Hungarian-origin imports remained stable between 1992 and the investigation period and that, when comparing prices to first independent customers, the imports in question were undercut by the Chinese and Malaysian imports. Owing to the price pressure from the countries concerned, those Hungarian products were sold at a slightly lower level than the Community production.
The Commission therefore considered that Hungarian imports did not materially contribute to the deteriorating situation of the Community industry.
(b) Other third countries
(72) The Eurostat import statistics also show imports from Slovenia, but according to reliable market sources those imports relate to lever arch mechanisms, which are outside the scope of the current investigation.
The volume of imports into the Community from other third countries is therefore neither significant nor increasing. In these circumstances, it is concluded that the imports from other sources made no contribution to the injury suffered by the Community industry during the period used for the determination of injury.
(c) Other arguments
(73) It has been alleged that anti-competitive practices took place in the past involving the two Community producers and a third party producing in the Community at that time, and that the complainants therefore contributed to their own injury.
However, it has been established that the issue has not been raised by any Community or national competition authority and thus remains merely an unsubstantiated assertion of which no account could be taken at this preliminary stage.
4. Conclusion on causation
(74) The Commission considers that dumped imports from Malaysia and the People's Republic of China have caused material injury to the Community industry. This conclusion is based on the evidence set out above and especially the market share gained and the quantities concerned, which have resulted in a strong downward price pressure on the Community market for RBM and in particular on the prices of the Community industry.
G. COMMUNITY INTEREST
1. General
(75) Pursuant to Article 21 (1) of the Basic Regulation, the Commission provisionally examined, on the basis of all evidence submitted, whether it could clearly conclude that it was not in the Community interest to apply measures.
For this purpose, the Commission considered the impact of possible measures and the consequences of not taking provisional measures for all parties involved in the proceeding.
2. Consequences for the Community industry
(76) As regards the Community industry, it is thought highly probable that, without measures to correct the effects of dumped imports, the Community industry will have to lower its prices further or lose market share at an increased rate. In both situations, the financial situation of the Community industry will worsen. Should the recurrent losses since 1992 continue, production in the Community would, within a short period of time, no longer be viable and would cease or would be moved outside the Community, with the negative consequences for employment and investment, and the level of competition on the Community market. This situation would not be the result of normal competition conditions, as the information gathered appears to indicate that Community producers are cost-efficient, in particular when compared to the situation in Malaysia. In this context, it should be noted that the Community producers subcontract part of their production, and that their suppliers and subcontractors are mainly small and medium-sized companies, which would be negatively affected in a similar way.
3. Impact on users
(77) Several interested parties have submitted that it would not be in the interest of the Community to impose anti-dumping measures. In particular, it has been alleged that the cost of RBM constitutes, depending on the model, a significant element in the cost of manufacture of binders, and that the imposition of measures would have an adverse impact on the downstream industry (manufacturers of ring-binder files and other stationery products).
However, the users making these allegations failed to submit sufficient evidence to substantiate their claims in time to permit verification prior to the imposition of provisional measures. The Commission intends to examine this issue in greater detail prior to any definitive findings.
(78) It was also argued that imposition of measures would lead to a duopoly of supply to the EC market, with possible adverse effects on prices.
The Commission cannot accept this line of reasoning. It does so because the argument ignores the corrective, rather than prohibitive, nature of anti-dumping measures, which neither prevent exporters in third countries from entering the Community market, provided that exports take place at fair price levels, or reduce effective competition or the quality and diversity of supply.
(79) Finally, it has been submitted that anti-dumping measures would affect EC binder manufacturers' competitive position vis-à-vis binder producers located in third countries, which would continue to have access to RBM from the countries concerned at low prices. It has been alleged that this could result in the Community binder industry losing market share and thus being tempted to relocate its production in neighbouring countries.
As regards the competition from binder producers in third countries, it should be noted that a part of the binder market is business-to-business oriented, and that, for this part of the market, it is fundamental that producers are situated close to their customers, and have flexibility in production and a sound knowledge of the market. Moreover, the competition from such third countries is for the time being limited and the potential for increase is tempered by the fact that transportation costs per unit are up to five times higher in respect of the finished products than for the product concerned, owing to higher volume. Thus, it does not appear likely that imports of RBM would be replaced by imports of the final products (ring binders) in the foreseeable future.
In addition, the Commission received no evidence to suggest that the imposition of anti-dumping measures on RBM would be a decisive factor leading to the moving of the binder industry outside the Community.
(80) The Commission therefore considers that the medium and longer-term interest of the users and consumers would be better served by the maintenance of the widest possible range of suppliers of RBM, which will result from anti-dumping measures, than a reduction or the disappearance of the Community's production of the product concerned. Finally, it should also be kept in mind that the price advantages which the buyers previously enjoyed originated from unfair pricing practices and that there is no justification for allowing these unfair low prices to persist.
4. Conclusion
(81) In examining the various interests involved, the Commission considers, provisionally, that there are no compelling reasons not to take action against the imports in question.
Leaving the Community industry without adequate protection against the unfair competition as established would add to the difficulties of the industry and could lead to its disappearance or relocation outside the Community. The foreseeable price increase and the consequent extra cost to the consumer can by no means be considered to be of the same magnitude as the cost of the total disappearance of a Community industry.
Prior to definitive findings, the Commission intends, to the extent considered appropriate in accordance with the provisions of Article 21 of the Basic Regulation, further to examine matters deemed relevant in analysing the issue of Community interest.
H. DUTY
(82) In accordance with Article 7 (2) of the Basic Regulation, the Commission examined what level of duty would be adequate to remove the injury to the Community industry caused by dumping. For that purpose, it was considered that a price level based on the Community producers' cost of production together with a reasonable profit margin should be calculated.
Here, it was found that a profit margin of 5 % of turnover could be regarded as a reasonable minimum, taking into account the need for long-term investment, and, more particularly, the amount which the Community industry could be expected to obtain in the absence of injurious dumping. This profit margin was established on the basis of the normal revenue a shareholder would expect under normal competitive circumstances namely a return on equity of 10 %.
(83) Since there are different types of models, the Commission calculated for the Community industry's best selling models (60 % by volume), and for each category of these models with the same basic characteristics, a price level consisting of the weighted average cost of production of the Community producers, due consideration being given to the overall profitability of the Community industry, together with the above profit margin.
(84) It was considered that the duty should, for matching categories, cover the difference between this calculated price and the actual selling prices of the exporters in the Community. In order to determine the level of the duty, the price increases thus established have been expressed as a percentage of the weighted average, free-at-Community frontier, value of the imported goods.
(85) As was mentioned in recital (52), the Chinese export prices to independent importers had to be adjusted upwards in order to ensure comparison at the same level of trade.
For the People's Repulblic of China, an injury elimination level of 35,4 % was found. Since this margin is lower than the dumping margin as provisionally established, the rate of the provisional anti-dumping duty should be at this level.
(86) For Malaysia, an injury elimination level of 10,5 % was found. Since this margin is lower than the dumping margin as provisionally established, the rate of the provisional anti-dumping duty should be at this level.
I. FINAL PROVISIONS
(87) In the interest of a sound administration, a period should be fixed in which the parties concerned may make their view known in writing and request a hearing. Furthermore, it should be stated that all findings made for the purpose of this Regulation are provisional and may have to be reconsidered for the purpose of any definitive duty which the Commission may propose,
HAS ADOPTED THIS REGULATION:
Article 1
1. A provisional anti-dumping duty is hereby imposed on imports of certain ring binder mechanisms falling within CN code ex 8305 10 00 (Taric code 8305 10 00 10) originating in Malaysia and the People's Republic of China. For the purpose of this Regulation, ring binder mechanisms consist of two rectangular steel sheets or wires with at least four half rings made of steel wire fixed on it and which are kept together by a steel cover. They can be opened either by pulling the half rings or by using a small steel trigger mechanism fixed to the ring binder mechanism.
2. The rate of duty applicable to the net free-at-Community price, before duty, shall be as follows:
(a) 10,5 % for imports originating in Malaysia;
(b) 35,4 % for imports originating in the People's Republic of China.
3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
4. The release for free circulation in the Community of the products referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty.
Article 2
Without prejudice to Article 20 of Regulation (EC) No 384/96, the parties concerned may make their views known in writing and apply to be heard orally by the Commission within 15 days of the date of entry into force of this Regulation.
In accordance with the provisions of Article 21 (4) of Regulation (EC) No 384/96, the parties concerned may provide comments on the application of this Regulation within one month of the date of its entry into force.
Article 3
Subject to Articles 7, 9, 10 and 14 of Regulation (EC) No 384/96, Article 1 of this Regulation shall apply for a period of six months, unless the Council adopts definitive measures before the expiry of that period.
Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 1996.
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COMMISSION REGULATION (EC) No 3385/94 of 21 December 1994 on the form, content and other details of applications and notifications provided for in Council Regulation No 17 (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement on the European Economic Area,
Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 24 thereof,
Whereas Commission Regulation No 27 of 3 May 1962, First Regulation implementing Council Regulation No 17 (2), as last amended by Regulation (EC) No 3666/93 (3), no longer meets the requirements of efficient administrative procedure; whereas it should therefore be replaced by a new regulation;
Whereas, on the one hand, applications for negative clearance under Article 2 and notifications under Articles 4, 5 and 25 of Regulation No 17 have important legal consequences, which are favourable to the parties to an agreement, a decision or a practice, while, on the other hand, incorrect or misleading information in such applications or notifications may lead to the imposition of fines and may also entail civil law disadvantages for the parties; whereas it is therefore necessary in the interests of legal certainty to define precisely the persons entitled to submit applications and notifications, the subject matter and content of the information which such applications and notifications must contain, and the time when they become effective;
Whereas each of the parties should have the right to submit the application or the notification to the Commission; whereas, furthermore, a party exercising the right should inform the other parties in order to enable them to protect their interests; whereas applications and notifications relating to agreements, decisions or practices of associations of undertakings should be submitted only by such association;
Whereas it is for the applicants and the notifying parties to make full and honest disclosure to the Commission of the facts and circumstances which are relevant for coming to a decision on the agreements, decisions or practices concerned;
Whereas, in order to simplify and expedite their examination, it is desirable to prescribe that a form be used for applications for negative clearance relating to Article 85 (1) and for notifications relating to Article 85 (3); whereas the use of this form should also be possible in the case of applications for negative clearance relating to Article 86;
Whereas the Commission, in appropriate cases, will give the parties, if they so request, an opportunity before the application or the notification to discuss the intended agreement, decision or practice informally and in strict confidence; whereas, in addition, it will, after the application or notification, maintain close contact with the parties to the extent necessary to discuss with them any practical or legal problems which it discovers on a first examination of the case and if possible to remove such problems by mutual agreement;
Whereas the provisions of this Regulation must also cover cases in which applications for negative clearance relating to Article 53 (1) or Article 54 of the EEA Agreement, or notifications, relating to Article 53 (3) of the EEA Agreement are submitted to the Commission,
HAS ADOPTED THIS REGULATION:
Article 1
Persons entitled to submit applications and notifications
1. The following may submit an application under Article 2 of Regulation No 17 relating to Article 85 (1) of the Treaty or a notification under Articles 4, 5 and 25 of Regulation No 17:
(a) any undertaking and any association of undertakings being a party to agreements or to concerted practices; and
(b) any association of undertakings adopting decisions or engaging in practices;
which may fall within the scope of Article 85 (1).
Where the application or notification is submitted by some, but not all, of the parties, referred to in point (a) of the first subparagraph, they shall give notice to the other parties.
2. Any undertaking which may hold, alone or with other undertakings, a dominant position within the common market or in a substantial part of it, may submit an application under Article 2 of Regulation No 17 relating to Article 86 of the Treaty.
3. Where the application or notification is signed by representatives of persons, undertakings or associations of undertakings, such representatives shall produce written proof that they are authorized to act.
4. Where a joint application or notification is made, a joint representative should be appointed who is authorized to transmit and receive documents on behalf of all the applicants or notifying parties.
Article 2
Submission of applications and notifications
1. Applications under Article 2 of Regulation No 17 relating to Article 85 (1) of the Treaty and notifications under Articles 4, 5 and 25 of Regulation No 17 shall be submitted in the manner prescribed by Form A/B as shown in the Annex to this Regulation. Form A/B may also be used for applications under Article 2 of Regulation No 17 relating to Article 86 of the Treaty. Joint applications and joint notifications shall be submitted on a single form.
2. Seventeen copies of each application and notification and three copies of the Annexes thereto shall be submitted to the Commission at the address indicated in Form A/B.
3. The documents annexed to the application or notification shall be either originals or copies of the originals; in the latter case the applicant or notifying party shall confirm that they are true copies of the originals and complete.
4. Applications and notifications shall be in one of the official languages of the Community. This language shall also be the language of the proceeding for the applicant or notifying party. Documents shall be submitted in their original language. Where the original language is not one of the official languages, a translation into the language of the proceeding shall be attached.
5. Where applications for negative clearance relating to Article 53 (1) or Article 54 of the EEA Agreement or notifications relating to Article 53 (3) of the EEA Agreement are submitted, they may also be in one of the official languages of the EFTA States or the working language of the EFTA Surveillance Authority. If the language chosen for the application or notification is not an official language of the Community, the applicant or notifying party shall supplement all documentation with a translation into an official language of the Community. The language which is chosen for the translation shall be the language of the proceeding for the applicant or notifying party.
Article 3
Content of applications and notifications
1. Applications and notifications shall contain the information, including documents, required by Form A/B. The information must be correct and complete.
2. Applications under Article 2 of Regulation No 17 relating to Article 86 of the Treaty shall contain a full statement of the facts, specifying, in particular, the practice concerned and the position of the undertaking or undertakings within the common market or a substantial part thereof in regard to the products or services to which the practice relates.
3. The Commission may dispense with the obligation to provide any particular information, including documents, required by Form A/B where the Commission considers that such information is not necessary for the examination of the case.
4. The Commission shall, without delay, acknowledge in writing to the applicant or notifying party receipt of the application or notification, and of any reply to a letter sent by the Commission pursuant to Article 4 (2).
Article 4
Effective date of submission of applications and notifications
1. Without prejudice to paragraphs 2 to 5, applications and notifications shall become effective on the date on which they are received by the Commission. Where, however, the application or notification is sent by registered post, it shall become effective on the date shown on the postmark of the place of posting.
2. Where the Commission finds that the information, including documents, contained in the application or notification is incomplete in a material respect, it shall, without delay, inform the applicant or notifying party in writing of this fact and shall fix an appropriate time limit for the completion of the information. In such cases, the application or notification shall become effective on the date on which the complete information is received by the Commission.
3. Material changes in the facts contained in the application or notification which the applicant or notifying party knows or ought to know must be communicated to the Commission voluntarily and without delay.
4. Incorrect or misleading information shall be considered to be incomplete information.
5. Where, at the expiry of a period of one month following the date on which the application or notification has been received, the Commission has not provided the applicant or notifying party with the information referred to in paragraph 2, the application or notification shall be deemed to have become effective on the date of its receipt by the Commission.
Article 5
Repeal
Regulation No 27 is repealed.
Article 6
Entry into force
This Regulation shall enter into force on 1 March 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1994.
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COMMISSION REGULATION (EC) No 1015/2004
of 24 May 2004
fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel, Jordan, Morocco and the West Bank and the Gaza Strip (1), and in particular Article 5(2)(a) thereof,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
The Community producer and import prices for uniflorous (bloom) carnations, multiflorous (spray) carnations, large-flowered roses and small-flowered roses as referred to in Article 1b of Regulation (EEC) No 700/88 for a fortnightly period shall be as set out in the Annex.
Article 2
This Regulation shall enter into force on 25 May 2004.
It shall apply from 26 May to 8 June 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 May 2004.
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COUNCIL REGULATION (EEC) No 3579/91
of 25 November 1991
on the application of Decision No 3/91 of the EEC-Jordan Cooperation Council amending, as a consequence of the introduction of the harmonized system, Protocol 2 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Cooperation Agreement between the European Economic Community and the Hashemite Kingdom of Jordan (1) was signed on 18 January 1977;
Whereas, by virtue of Article 25 of Protocol 2 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, which forms an integral part of the above Agreement, the EEC-Jordan Cooperation Council has adopted Decision No 3/91 amending Protocol 2;
Whereas it is necessary to apply this Decision in the Community,
HAS ADOPTED THIS REGULATION:
Article 1
Decision No 3/91 of the EEC-Jordan Cooperation Council shall apply in the Community.
The text of the Decision is attached to this Regulation.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 January 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 1991.
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DIRECTIVE 95/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 October 1995
relating to the burning behaviour of materials used in the interior construction of certain categories of motor vehicle
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),
Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas it is important to adopt measures to that end;
Whereas the technical requirements which certain vehicle categories must satisfy pursuant to national law relate, inter alia, to the burning behaviour of materials used in the interior construction of certain categories of motor vehicle;
Whereas these requirements differ from one Member State to another;
Whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure which was the subject of 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 (4), to be further implemented;
Whereas this Directive will be one of the separate Directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units shall apply for the purposes of this Directive;
Whereas it is appropriate to refer to Council Directive 77/649/EEC (5), which contains the procedure for determining the position of the seating reference point (the ‘R-point’);
Whereas, with a view to ensuring occupant and road safety, it is important that the materials used in the construction of the inside of bus and coach bodywork satisfy minimum requirements in order to avoid or at least retard development of flames such that it allows occupants to evacuate the vehicle in the event of fire;
Whereas it is desirable to introduce alternative routes for the type-approval of vehicles as systems pursuant to this Directive, i. e. either on the basis of tests of the burning behaviour of the interior materials used in motor vehicles or on the basis of an EEC component type-approval for each material and/or equipment such as seats, curtains, etc. to be fitted in the interior construction of these vehicles whereby the correct installation of such approved materials and/or equipment has to be checked,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
-
‘vehicle’: means any vehicle as defined in Article 2 of Directive 70/156/EEC,
-
‘component’: means a device as defined in Article 2 of Directive 70/156/EEC.
Article 2
Member States may not refuse:
-
EEC type-approval or national type-approval for a vehicle or refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to the burning behaviour of materials used in the interior construction of its bodywork,
-
EEC type-approval or national type-approval for a component used in the interior construction of the vehicle bodywork or prohibit its sale or use on grounds relating to the burning behaviour of the materials used in its construction,
if the relevant requirements set out in Annexes I, IV, V and VI to this Directive are satisfied.
Article 3
1. Member States shall adopt and publish the laws, regulations are administrative provisions necessary to comply with this Directive within 18 months of the date of its adoption. They shall forthwith inform the Commission thereof.
From the abovementioned date, Member States may no longer prohibit the initial entry into service of vehicles or the sale or use of components complying with this Directive.
They shall apply these provisions 48 months following the date of adoption of this Directive.
2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The method of making such reference shall be laid down by Member States.
Article 4
This Directive is addressed to the Member States.
Done at Luxembourg, 24 October 1995.
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Council Decision
of 28 September 2000
concerning the conclusion of the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part
(2000/658/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 44(2), 47, 55, 57(2), 71, 80(2), 133 and 181 thereof, in conjunction with the second sentence of Article 300(2) and the second subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the assent of the European Parliament(2),
Whereas the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997, should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
The Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, together with the declarations made by the Community unilaterally or jointly with the other Party, is hereby approved on behalf of the European Community.
The texts of the acts referred to in the first subparagraph are attached to this Decision.
Article 2
The President of the Council shall give the notification provided for in Article 60 of the Agreeement on behalf of the Community.
Article 3
1. The position to be taken by the Community within the Joint Council and the Joint Committee established by the Agreement, shall be adopted by the Council, on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty.
2. The President of the Council shall, in accordance with Article 46 of the Agreement, preside over the Joint Council and present the position of the Community. In accordance with Article 48 of the Agreement, a representative of the Commission shall preside over the Joint Committee and present the position of the Community.
Done at Brussels, 28 September 2000.
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COMMISSION DECISION
of 26 April 2007
amending Annex E to Council Directive 92/65/EEC to include additional health measures for the trade in live bees, and to update the health certificates models
(notified under document number C(2007) 1811)
(Text with EEA relevance)
(2007/265/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 (1) to Directive 90/425/EEC (1), and in particular Article 22 thereof,
Whereas:
(1)
The model certificate for intra-Community trade in live bees (Apis mellifera) is laid down in Part 2 of Annex E to Directive 92/65/EEC. In this health certificate, there are no animal health requirements as regards the small hive beetle (Aethina tumida) or the Tropilaelaps mite (Tropilaelaps spp.), as these infestations have never been recorded in the Community.
(2)
However, to reflect the potential threat of these pests, their presence is now subject to a compulsory OIE (International Office of Epizootic Diseases) notification and protection measures on the importation of live bees from third countries have been laid down in Commission Decision 2003/881/EC (2).
(3)
Despite these measures, should these pests be introduced into the Community, it is important that additional precautionary measures are in place to limit the spread of the disease throughout the Community. It is therefore opportune to review the certificate for intra-Community trade of live bees and bumble bees in order to introduce animal health requirements concerning the small hive beetle and the Tropilaelaps mite infestations.
(4)
These requirements should be aimed at limiting the movements of live bees (Apis mellifera) and bumble bees (Bombus spp.) from infected areas. Taking into account the capacity of the small hive beetle and the Tropilaelaps mite to spread quickly, the area to consider under restriction in the case of an outbreak of this disease should be at least 100 kilometres around the infected premises.
(5)
In addition, the Trade Control and Expert System (Traces), an integrated computerised veterinary system, was established in accordance with Commission Decision 2003/623/EC (3). For Traces to work as effectively as possible, the models for the certificates for intra-Community trade should be compatible with this electronic system.
(6)
Therefore, the health certificates in Annex E to Directive 92/65/EEC should be amended in order to facilitate the operation of Traces, and the health certificate in Part 2 of Annex E should, in addition, be modified to include the additional health measures for the trade in live bees and bumble bees.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Annex E to Directive 92/65/EEC is replaced by the Annex to this Decision.
Article 2
This decision shall apply from 1 May 2007.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 26 April 2007.
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COMMISSION REGULATION (EC) No 2131/96 of 6 November 1996 amending Regulation (EC) No 1503/96 on the detailed rules for the application of Council Regulation (EC) No 3072/95 with regard to import duties on rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organization of the market in rice (1), and in particular Article 11 (2) and (4) thereof,
Whereas, in order to simplify the administration relating to the calculation of the import duties provided for in Commission Regulation (EC) No 1503/96 (2), import duties taking account of the average representative cif import prices for rice in bulk noted over a period of two weeks should be established in the rice sector every two weeks on a Wednesday and on the last working day of March, April, May, June and August;
Whereas it has transpired that the prices of certain varieties of Pakistani Basmati rice, in particular grade I Kernel Basmati and Super Basmati, are around the same level as the price of Basmati rice originating in India; whereas the Pakistani authorities have indicated that around 9 000 tonnes of these qualities are available for export to the Community; whereas the certificate of authenticity provided for in Annex I to Regulation (EC) No 1503/96 will from now on be granted only for these qualities; whereas, therefore, the reduction in import duties for Pakistani rice thus certified should be aligned with that for Basmati rice of Indian origin; whereas the Commission will closely follow market trends and may propose appropriate amendments on the basis of those trends;
Whereas, however, it is no longer appropriate to grant the present reduction of ECU 50 per tonne for Pakistani rice which has not been thus certified, given that the average market price for these types of rice is not generally substantially different from the established representative price;
Whereas, in the interests of clarity, Commission Regulation (EEC) No 81/92 of 15 January 1992 laying down detailed rules for the application of Council Regulation (EEC) No 3877/86 on imports of rice of the long-grain aromatic Basmati variety (3), as amended by Regulation (EC) No 2123/95 (4), should be repealed, since it no longer has a legal basis; whereas, however, its provisions as regards the issuing of certificates of authenticity for this type of rice should be set out in this Regulation;
Whereas the application for an import licence and the import licence for Basmati rice must contain particular information to enable the quantities imported to be checked;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1503/96 is hereby amended as follows:
1. in Article 4 (1):
(a) the first subparagraph is replaced by the following:
'1. The import duties for the products referred to in Article 3 shall be calculated every week but shall be fixed by the Commission every two weeks on a Wednesday and on the last working day of the months of March, April, May, June and August, in accordance with the method provided for in Article 5 and shall apply from the first working day following their fixing and the first day of the following month, respectively.`;
(b) the third subparagraph is replaced by the following:
'The fixing carried out on the last working day of the months of March, April, May and June shall be based on the intervention price for the following month which shall be subject to monthly increases in accordance with Article 3 (2) of Regulation (EC) No 3072/95.`;
2. Article 4 (4) is repealed;
3. the following Article is added:
'Article 4 a
1. Basmati rice originating in India and Basmati rice of the varieties 'Kernel Basmati` and 'Super Basmati` originating in Pakistan falling within CN codes ex 1006 20 17 and ex 1006 20 98 may benefit from a reduction in the import duty of ECU 250 per tonne.
This amount may be revised in response to market trends, in particular as regards the quantities imported.
2. Import licence applications and import licences for Basmati rice shall include:
(a) in box 8, indication of the country of origin and the word 'yes` marked with a cross;
(b) in box 20, one of the following:
- Arroz aromático de la variedad Basmati del código NC 1006 20 17/1006 20 98
- Aromatisk ris af sorten Basmati henhørende under KN-kode 1006 20 17/1006 20 98
- Aromatischer Reis der Sorte Basmati des KN-Codes 1006 20 17/1006 20 98
- Áñùìáôéêü ñýæé ôçò ðïéêéëßáò Basmati ôïõ êùäéêïý ÓÏ 1006 20 17/1006 20 98
- Aromatic rice of the Basmati variety falling within CN code 1006 20 17/1006 20 98
- Riz aromatique de la variété Basmati du code NC 1006 20 17/1006 20 98
- Riso aromatico della varietà Basmati del codice NC 1006 20 17/1006 20 98
- Aromatische Basmati-rijst van GN-code 1006 20 17/1006 20 98
- Arroz aromático da variedade Basmati do código NC 1006 20 17/1006 20 98
- CN-koodiin 1006 20 17/1006 20 98 kuuluvan Basmati-lajikkeen aromaattinen riisi
- Aromatiskt ris av sorten Basmati med KN-nummer 1006 20 17/1006 20 98;
(c) in box 24, one of the following:
- Derecho de aduana reducido de 250 Ecu/t [Reglamento (CE) n° 2131/96]
- Told nedsat med 250 ECU/ton (Forordning (EF) nr. 2131/96)
- Um 250 Ecu/t ermäßigter Zollsatz (Verordnung (EG) Nr. 2131/96)
- ÌåéùìÝíïò äáóìüò êáôÜ 250 Ecu áíÜ ôüíï [êáíïíéóìüò (ÅÊ) áñéè. 2131/96]
- Reduced duty by 250 Ecu/t (Regulation (EC) No 2131/96)
- Droit réduit de 250 Ecu/t [Règlement (CE) n° 2131/96]
- Dazio ridotto di 250 Ecu/t [Regolamento (CE) n. 2131/96]
- Douanerecht verminderd met 250 ecu/t (Verordening (EG) nr. 2131/96)
- Direito reduzido de 250 Ecu/t [Regulamento (CE) nº 2131/96]
- Tulli alennettu 250 eculla tonnilta (Asetus (EY) N:o 2131/96)
- Nedsättning av tull med 250 ecu/ton (Förordning (EG) nr 2131/96).
3. The import licence application for Basmati rice shall be accompanied by:
- proof that the applicant is a natural or legal person who has been engaged for at least 12 months in a commercial activity in the rice sector and who is registered in the Member State where the application is submitted,
- a certificate of authenticity for the product issued by the competent bodies recognized by the Commission in the exporting country and listed in Annex III.
4. The certificate of authenticity shall be drawn up on the form a specimen of which is shown in Annex II.
The form shall have a format of approximately 210 × 297 millimetres. The original shall be drawn up on paper allowing any mechanical or chemical forgery to be detected.
The forms shall be printed and completed in English.
The original and the copies thereof shall be completed either using a typewriter or by hand. In the latter case, they must be completed in ink using block capitals.
Each certificate of authenticity shall bear a serial number in the right-hand uppermost box. The copies shall bear the same number as the original.
5. The body issuing the import licence shall keep the original of the certificate of authenticity and return a copy to the applicant.
The certificate of authenticity shall be valid for ninety days from the date of its issue.
It shall be valid only if the boxes have been properly completed and if it has been stamped in accordance with the instructions printed on it.
6. Article 9 of Regulation (EEC) No 3719/88 (*) notwithstanding, the rights arising from the import licence shall not be transferable.
7. The Member States shall forward to the Commission, by telex or fax, the following information:
(a) not later than the second working day following their issue, the quantities of Basmati rice for which import licences have been issued, stating the date, CN code, country of origin and the names and addresses of the holders;
(b) where licences are cancelled, not later than the second working day following the cancellation, the quantities for which the licences have been cancelled and the names and addresses of the holders of the licences cancelled;
(c) on the last working day of the month following the month of release for free circulation, the quantities actually released for free circulation, broken down by CN code and country of origin.
The above information must be forwarded separately from information on other applications for import licences in the rice sector and following the same procedures.
8. Article 10 of Regulation (EC) No 1162/95 notwithstanding, the security for import licences for Basmati rice originating in India and Pakistan shall be ECU 275 per tonne.
(*) OJ No L 331, 2. 12. 1988, p. 1.`
4) The following Annex is added:
'ANNEX III
Competent bodies for the issue of the certificate of authenticity referred to in Article 4 a
TABLE
Article 2
Regulation (EEC) No 81/92 is hereby repealed. References to Regulation (EEC) No 81/92 in other Regulations shall be read as references to the comparable provisions of this Regulation.
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 27 November 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 November 1996.
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Commission Regulation (EC) No 732/2002
of 26 April 2002
fixing the maximum export refund on wholly milled long grain rice in connection with the invitation to tender issued in Regulation (EC) No 2010/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice(1), as last amended by Commission Regulation (EC) No 411/2002(2), and in particular Article 13(3) thereof,
Whereas:
(1) An invitation to tender for the export refund on rice was issued pursuant to Commission Regulation (EC) No 2010/2001(3).
(2) Article 5 of Commission Regulation (EEC) No 584/75(4), as last amended by Regulation (EC) No 299/95(5), allows the Commission to fix, in accordance with the procedure laid down in Article 22 of Regulation (EC) No 3072/95 and on the basis of the tenders submitted, a maximum export refund. In fixing this maximum, the criteria provided for in Article 13 of Regulation (EC) No 3072/95 must be taken into account. A contract is awarded to any tenderer whose tender is equal to or less than the maximum export refund.
(3) The application of the abovementioned criteria to the current market situation for the rice in question results in the maximum export refund being fixed at the amount specified in Article 1.
(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
The maximum export refund on wholly milled long grain rice to be exported to certain third countries pursuant to the invitation to tender issued in Regulation (EC) No 2010/2001 is hereby fixed on the basis of the tenders submitted from 19 to 25 April 2002 at 300,00 EUR/t.
Article 2
This Regulation shall enter into force on 27 April 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 April 2002.
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COMMISSION REGULATION (EC) No 1510/98 of 15 July 1998 amending Regulation (EC) No 1261/96 establishing the forecast supply balance for the Canary Islands as regards wine products qualifying under the specific arrangements provided for in Articles 2 to 5 of Council Regulation (EEC) No 1601/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products (1), as last amended by Regulation (EC) No 2348/96 (2), and in particular Articles 2, 3(4) and 4(4) thereof,
Whereas Commission Regulation (EC) No 1261/96 (3), as last amended by Regulation (EC) No 2042/97 (4), fixes the quantities of the forecast supply balance for wine products qualifying for Community aid for the period 1 July 1997 to 30 June 1998;
Whereas the quantities of the forecast supply balance fixed for the period 1 July 1998 to 30 June 1999 should be renewed to continue supplies, taking account of the special situation of production in the Canary Islands; whereas the aid for the supply to the Canary Islands should also be fixed at the amounts given in Annex II, taking account of the quotations or prices for the said wine products in the European part of the Community and on the world market;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EC) No 1261/96 are hereby replaced by Annexes I and II to this Regulation.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 1998.
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Commission Decision
of 29 November 2000
on the State aid which Italy is planning to grant to five ECSC steel undertakings
(notified under document number C(2000) 3933)
(Only the Italian text is authentic)
(Text with EEA relevance)
(2001/323/ECSC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 4(c) thereof,
Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof read in conjunction with Protocol 14,
Having regard to Commission Decision No 2496/96/ECSC of 18 December 1996 establishing Community rules for State aid to the steel industry (hereinafter referred to as the "steel aid code"(1),
Having called on interested parties to submit their comments pursuant to the provisions referred to above(2) and having regard to those comments,
Whereas:
I. Procedure
(1) By letter dated 27 September 1999, Italy notified the Commission of five plans to grant aid to ECSC undertakings in respect of investments in energy conservation made by the latter in the period 1986 to 1994. By letter dated 23 November 1999, received by the Commission on 20 January 2000, Italy submitted further details.
(2) By letter dated 13 March 2000, the Commission informed Italy that it had decided to initiate the procedure laid down in Article 6(5) of the steel aid code in respect of the abovementioned aid.
(3) The Commission decision to initiate the procedure was published in the Official Journal of the European Communities(3). The Commission invited interested parties to submit their comments on the aid.
(4) The Commision received comments from the UK Steel Association and from the UK Permanent Representation to the European Union. It forwarded them to Italy for its reaction, a response being received by letter dated 6 September 2000.
II. Detailed description of the aid
(5) The aid relates to investments made by five ECSC companies between 1986 and 1994. The investments in the five notified aid projects can be summarised as follows.
5.1. Acciaierie e Ferriere Leali SpA: The investments concern the replacement of an existing oil-fired reheating and normalising furnace with a new natural gas-fired furnace featuring a radiant-roof combustion chamber fitted with highly insulating refractors and heat recovery from the fumes for preheating the combustion air. The total cost amounts to ITL 1,44 billion (EUR 0,745 million) and the proposed aid to ITL 273 million (EUR 0,141 million). The aid intensity is 19 %. The investments were made in 1986 and the company applied for aid in 1992.
5.2. Acciaierie e Ferriere Beltrame, Vicenza SpA: The investments relate to the installation of a new continuous casting line alongside and in parallel with the existing one, which remained in operation in order to produce semi-finished products for other plants belonging to the group. The new line is designed and built to allow direct charging of the semi-products into the reheating furnaces for the plant's rolling mills. It is also suitable for producing special sections for rolling wide-flanged beams with better yields than before the investment. The total cost amounts to ITL 10,23 billion (EUR 5,3 million) and the proposed aid to ITL 1,8 billion (EUR 0,93 million). The aid intensity is 18 %. The investments were made in 1991 and the company applied for aid in 1992.
5.3. Acciaierie e Ferriere Beltrame, S. Giorgio Nogaro SpA: The investments concern the replacement of a pusher-type oil-fired reheating furnace with a new natural gas-fired furnace with lateral discharging and heat recovery from the fumes for preheating the combustion air to 400 to 450°. They also include some new auxiliary equipment for the roughing mill, such as the fixed and vibrating front and back roller tables and a feed conveyor. The total cost amounts to ITL 2,3 billion (EUR 1,2 million) and the proposed aid to ITL 450 million (EUR 0,23 million). The aid intensity is 20 %. The investments were made in 1989 and the company applied for aid in 1992.
5.4. Lucchini, Mura SpA: The investments concern the replacement of two existing oil-fired reheating furnaces with a new natural gas-fired furnace featuring a combustion chamber with radiant burners, high automation and control, heat recovery from the fumes for preheating the combustion air to high temperatures, and refractory linings with ceramic fibres. The total cost amounts to ITL 5,5 billion (EUR 2,8 million) and the proposed aid to ITL 0,93 billion (EUR 0,48 million). The aid is 17 %. The investments were made in 1990 and the company applied for aid in 1991.
5.5. Lucchini, Lovere SpA: The investments relate to the conversion to natural gas of the oil-fired furnaces for reheating slabs for forging; the replacement of the control systems for the heat treatment furnaces; heat-insulating hoods for the transfer of hot slabs; modification of the circuit for tipping and slagging the electric furnace; automation of the injection of inert gases into the vacuum ladle; and a system for continuous slab measurement and control of final shearing. The total cost amounts to ITL 0,8 billion (EUR 0,41 million) and the proposed aid to ITL 0,1 billion (EUR 0,1 million). The aid intensity is 23 %. The investments were made in 1994 and the company applied for aid in 1992.
(6) The national legal basis for the aid is Italian Law No 10/1991 laying down rules for implementing the national energy plan in the field of the national use of energy.
III. Comments from interested parties
(7) In their comments, the UK Steel Association and the UK Representation to the EU consider that the aid proposed by the Italian authorities is incompatible with the rules on environmental aid set out in the steel aid code. They point out that the investments appear to relate to "new installations", which would constitute an infringement of Community legislation, and that the replacements were made for economic and not environmental reasons. The UK Steel Association further points out that the continuous casting line was installed by Beltrame alongside the existing casting line, and this would represent an increase in production capacity, which also goes against Community legislation on environmental aid.
IV. Comments from Italy
(8) In its comments Italy contests the Commission's views in its decision to initiate the procedure. The Italian authorities' arguments may be summarised as follows.
8.1. Regarding the legal basis on which the Commission assesses the aid, the Italian authorities insist that the Commission should use not only the rules applicable, but also the interpretation of criteria, information and data in its possession at the time it takes its decision.
8.2. The investments and their specific characteristics, together with the reduction in energy consumption, make it possible to achieve, in comparison with the pre-existing situation, a significant reduction in pollutant emissions into the atmosphere (sulphur oxides, nitrogen oxides, dust) and a significant reduction in carbon dioxide emissions. The Italian authorities deny that they have failed to prove that the investments were not general investments and that the effect on the environment is not secondary to the economic objective. According to the Italian authorities, the primary environmental objective of the investments was confirmed by the Ministry of Industry's examination of the aid applications, carried out in conjunction with independent experts. Further evidence that the investments were not made as general investments pursuing economic objectives is the fact that, for each of the five projects, the ratio between the advantage in terms of annual production costs and the investment is lower than the interest rate in force at the time.
8.3. As regards the Commission's assessment that none of the companies could claim legitimate expectations of receiving aid, the Italian authorities point out that the steel aid code in force when they applied for aid (both the 1989 and the 1991 codes) allowed aid for environmental protection. The title of Italian Law No 10/1991 is "Rules for implementing the national energy plan in the field of the rational use of energy" and Article 1 aims amongst other things at "improving the environmental compatibility of energy use". Because of this, the Italian authorities concluded that it was reasonable for the companies concerned to harbour, at the time, legitimate expectations of receiving the aid requested, on the basis of recognition of the environmental purpose of the investments. The fact that for each of the five projects, the ratio between the advantage in terms of annual production costs and the investment was lower than the interest rate at the time, besides proving the environmental purpose of the investment, would be a clear demonstration of the "necessity for the aid".
8.4. The companies submitted their applications for aid in respect of the investments (carried out between 1986 and 1994) in 1991 and 1992, in accordance with Article 21 of Law No 10/1991, approved by the Commission on 31 July 1991. Under that Article, applications for aid already submitted under previous laws are eligible provided that they have not yet been granted or rejected. The aid was notified only in 1991 as a result of complexities in the implementing rules and subsequent legislative developments.
8.5. As regards the Commission's concern that the aid could be misused if it were approved and paid, the Italian authorities claim that the companies planned the investments concerned at the time on the assumption that they would receive the requested aid within a reasonable time. Since that has not yet happened, the financial accounts for the individual investments are still in deficit in respect of the amounts in question and the deficits will be extinguished only if the aid is paid. Thus the aid will be used for the purpose for which it is approved.
8.6. Regarding the position taken by the Commission that, if the aid were to be assessed in the light of the steel aid code, its compatibility with the rules would be highly questionable, the Italian authorities made the following additional comments.
8.6.1. As regards the inclusion of the depreciation costs of the investments in calculating the advantage in terms of production costs, they referred again to the standard accountancy practice for calculating production costs. As depreciation costs are a normal element of production costs, they consider that they must be taken into account.
8.6.2. As regards the period during which the cost advantage is calculated, the Italian authorities stated that they used annual amortisation, which was calculated in accordance with the relevant Italian rules. For the five investment projects in question the coefficients provided for in the Law yielded the corresponding periods of time during which the advantages in terms of production costs are deducted, namely, for four of the projects 100/15 = 6,67 years and for one project 100/17,5 = 5,71 years.
(9) In reply to the comments made by third parties, the Italian authorities made the point that the five projects involved the replacement or installation of components for the production of bars and sections designed to save energy (thereby improving the environment) and not new installations. Such replacements or installations were necessary to avoid keeping production lines idle for long periods (which would have increased fixed costs) so as to modify existing components to save energy. As regards the comments on extra capacity installed in Beltrame, Italy contests that there was an increase in the production capacity of the company because this depends on the three rolling mills, which have not been changed and constitute the system bottleneck.
V. Assessment of the aid
Legal basis
(10) The steel aid code is the legal basis to assess any aid to steel undertakings notified to the Commission between January 1997 and December 2001. Article 3 of the code provides for the possibility of steel companies receiving aid for environmental investments. The conditions for such aid to be considered compatible are set out in the Annex to the steel aid code and in the Community guidelines on State aid for environmental protection(4) (hereinafter referred to as the "environmental guidelines").
(11) Both the steel aid code and the environmental guidelines stress the fact that aid may be considered compatible only if it is necessary to attain the objective of increased environmental protection. In this context, investment aid to a company must serve as an incentive for that company to carry out environmental-related investments. Two types of circumstances are provided for: one is when a company would not carry out such investments because it is not legally required to do so (improvement on standards), but in view of the financial support it may receive it decides to do so. The other is when such investments become necessary because of new legal standards, in which case the aid acts as an incentive for the company to carry out such investments without delay. Indeed, in the latter circumstance, the environmental guidelines specify that "the aid may be granted only for a limited period"(5).
(12) According to the environmental guidelines, aid ostensibly intended for environmental protection measures but which in fact is aid for general investment is not covered by the guidelines. The eligible costs must be strictly confined to the extra investment costs necessary to meet environmental objectives.
(13) According to the Annex to the steel aid code, in the case of aid to encourage firms to contribute to significantly improved environmental protection, the investors will have to demonstrate that a clear decision was taken to opt for higher standards, which necessitated additional investment, that is, that a lower-cost solution existed which would meet the legal standards. Any advantage with regard to lower production costs will be deducted.
Assessment of the comments from the Italian authorities
(14) As shown above, for aid to fall under Article 3 of the steel aid code, on one hand, it has to act as an incentive for the investments to be made and, on the other hand, the investments must have been made for environmental purposes.
(15) In the present case, the investments were made and aid applied for under the 1985, 1989 and 1991 steel aid codes(6), which stated that only investments made in order to comply with new mandatory environmental standards were compatible. Italy never claimed that this was why the companies carried out the investments. Although the firms were aware that they did not qualify for aid under the law that applied to them, they still carried out the said investments. The eventual possibility of receiving the aid was therefore not a decisive factor in their decisions.
(16) Italy considered, however, that the companies were justified in having legitimate expectations of receiving the aid requested because the steel aid code at the time allowed for environmental aid and so did Italian Law No 10/1991. However, expectations cannot be legitimately founded on the general principle of a law that allows for environmental aid, when the specific rules applicable clearly state the only conditions under which aid may be granted and make no provision for the investments in question.
(17) The Italian authorities then endeavoured to justify the legitimate expectation of aid on the part of the companies on the grounds of both the delay with which they applied for the aid and the delay with which the authorities notified the aid to the Commission. It is difficult to understand how such delays could justify expectations that could not exist if the delays had not taken place. The companies cannot claim that they decided to carry out investments in the period 1986 to 1994 because they legitimately expected to receive aid not under the existing rules but under rules that would come into force 5 to 13 years later. The only reason for verifying the justification for such delays would be if the old rules could be applied to the current notifications. However, as also agreed by the Italian authorities, the aid notified in 1999 can be assessed only under the current State aid code.
(18) Italy also stated that the five companies opened financial accounts for the individual investments, which are still in deficit in respect of the amounts in question and will be closed only when a decision on the aid is made. According to the Italian authorities, that proves that if the aid were paid now, it would be used for the purpose for which it was approved. The purpose of environmental aid is to give an incentive to steel companies to improve on environmental standards or to apply new standards more rapidly. The fact that the companies have accounts left open since the period 1986 to 1994, in relation to the aid they requested, is not evidence of such an incentive effect, but is merely an accountancy operation.
(19) As demonstrated above, the aid was not necessary for the companies to carry out the investments and does not have an incentive effect. Accordingly, the aid is not covered by the steel aid code. Another requirement for the aid to be covered by the steel aid code is that the investments must be aimed at significantly improving on environmental standards. Italy did not demonstrate that a clear decision was taken by the investors to opt for environmental standards higher than the legal ones then in force. No information is given on the statutory level of pollution that the investments would have reduced and how far those standards were exceeded as a result of the investment. The only declared aim of the investments is a reduction in energy consumption, which incidentally resulted in lower levels of pollution.
(20) The Italian authorities also reaffirmed that the investments were made for environmental reasons and that the aid was necessary because the ratio between the advantage in terms of annual production costs and the investment cost was lower than the interest rate at the time. Regardless of the accuracy of the calculation of the ratio, which the Commission challenges, the question of whether or not an investment pays for itself during the tax depreciation period is not a valid criterion for determining the reasons for the investment or for determining whether the aid was to provide an incentive effect.
(21) Italy also challenges the Commission's view, set out in the opening of procedure, that the aid does not satisfy the requirements of the steel aid code for approval of environmental aid. However, the arguments put forward by the Italian authorities cannot be accepted; even if the investments had been made for environmental purposes and the aid was proven to be necessary, the measures would still not be compatible under the Community rules.
21.1. The Italian authorities reiterate that the calculation of the cost advantage obtained from the investment is made according to the standard accountancy rules on production cost elements. The Commission, however, is not challenging the calculation of the standard elements of production costs of an undertaking. What it cannot accept is that the depreciation costs of an investment are included in the calculation of the advantage enjoyed by an undertaking from that investment. As indicated in the decision opening the procedure, this corresponds in practice to counting the same investment cost twice and would ensure that the investment was always eligible for aid because it forms part of the costs. The objective is, on the contrary, to ensure that the company will not use for its own advantage subsidised investments in environmental protection.
21.2. Italy also insists on the period used to deduct the cost savings obtained by the company. The Commission does not, however, agree that the tax depreciation period used by the Italian authorities in the present case ensures that all the economic advantages are excluded. Italy makes no such claims but only justifies the length of its depreciation period as being in accordance with the law. The steel aid code requires that all advantages be deducted. The Commission considers that this can be ensured only if the economic life of the equipment is taken into account and, in the present case, the tax depreciation period certainly cannot be used as a substitute for the life of the equipment. If that were the case, most of the equipment would by now be obsolete.
(22) As regards the response of the Italian authorities to the comments of other interested parties and, in particular, to the comments from the UK Steel Association regarding the increase in capacity, the Commission notes that Italy does not deny that the new installation brings about an increase in production capacity. It considers, however, that only the overall production capacity of the undertaking counts, the latter being restricted by the rolling mills capacity, which remains unchanged. The environmental guidelines and the steel aid code do not, however, refer to the overall production capacity of the undertaking, but to the plant to be replaced or adapted. The investment cost eligible for aid should relate only to the equipment's initial capacity where the new equipment has a higher production capacity.
Compatibility of the notified aid
(23) As stated above, Italy did not provide any new information in the course of the procedure that would allow the Commission to change its assessment of the notified aid as set out in its decision opening the procedure. The aid is not covered by the provisions of the steel aid code.
(24) As regards the possibility of assessing the aid under the steel aid code, if hypothetically the investments were to be considered eligible, Italy has also failed to demonstrate that the requirements of the code, in particular those of the Annex, have been fulfilled, as stated above.
(25) The notified aid which Italy plans to grant to the five steel companies is accordingly incompatible whith the common market,
HAS ADOPTED THIS DECISION:
Article 1
The State aid totalling ITL 3,6 billion (EUR 1,9 million) that Italy plans to grant to the steel companies Acciaierie e Ferriere Leali SpA, Acciaierie e Ferriere Beltrame Vicenza SpA, Acciaierie e Ferriere Beltrame S. Giorgio Nogaro SpA, Lucchini Mura SpA and Lucchini Lovere SpA in respect of investments they made between 1989 and 1994 for energy savings is incompatible with the common market.
The aid may accordingly not be implemented.
Article 2
Italy shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply herewith.
Article 3
This Decision is addressed to the Republic of Italy.
Done at Brussels, 29 November 2000.
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Commission Regulation (EC) No 929/2002
of 31 May 2002
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 597/2002(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 1 June 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 May 2002.
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COMMISSION REGULATION (EC) No 707/2005
of 10 May 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 11 May 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 May 2005.
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COUNCIL REGULATION (EC) No 719/2007
of 25 June 2007
amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia
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 2007/400/CFSP of 11 June 2007 terminating certain restrictive measures imposed against Liberia (1),
Having regard to the proposal from the Commission,
Whereas:
(1)
Common Position 2004/137/CFSP of 10 February 2004 concerning restrictive measures against Liberia (2) provided for the implementation of the measures set out in United Nations Security Council Resolution 1521(2003) concerning Liberia, including inter alia, a ban on the import of rough diamonds from Liberia. That ban was most recently renewed by Common Position 2007/93/CFSP of 12 February 2007 modifying and renewing Common Position 2004/137/CFSP (3) for a period of six months. On 27 April 2007, the UN Security Council adopted Resolution 1753(2007). It decided, inter alia, to terminate the restrictive measures on diamonds from Liberia. Subsequently, Liberia was admitted as of 4 May 2007 to the Kimberley Process Certification Scheme. Accordingly, Liberia should be listed as a Participant in Annex II to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (4).
(2)
Council Regulation (EC) No 234/2004 (5) prohibits, inter alia, the import of rough diamonds from Liberia.
(3)
Article 6(1) of Regulation (EC) No 234/2004, which prohibits the import into the Community of rough diamonds from Liberia, and Article 6(3) which prohibits circumvention of that prohibition, should therefore be repealed with retroactive effect as of 27 April 2007,
HAS ADOPTED THIS REGULATION:
Article 1
Paragraphs (1) and (3) of Article 6 of Regulation (EC) No 234/2004 shall be repealed.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 27 April 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 25 June 2007.
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COMMISSION DECISION of 4 March 1996 on the organization of a temporary experiment with regard to the maximum content of inert matter in soya bean seed (96/202/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 12a thereof,
Whereas Directive 69/208/EEC provides for standards in respect of the maximum content of inert matter, as defined in accordance with current international testing methods, to be satisfied by soya bean seed;
Whereas those standards have been laid down in order to reduce the risk of contamination by Phialophora gregata and Phytophthora megasperma f. spp. glycinea;
Whereas, in accordance with the current international testing methods, the definition of inert matter includes 'pieces of broken or damaged seed units half or less than half the original size`;
Whereas, according to present scientific knowledge, the abovementioned component of inert matter should not represent a risk of contamination by the said harmful organisms;
Whereas Commission Decision 92/213/EEC (2) organized a temporary experiment under specified conditions with the aim of seeking improved alternatives to the present provisions in respect of the maximum content of inert matter in soya bean seed;
Whereas that experiment ended on 30 June 1995;
Whereas the results of that experiment were not conclusive and it is therefore desirable to continue the experiment under the same conditions;
Whereas it is desirable to cover also seed harvested in third countries;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
A temporary experiment is hereby organized at Community level, under the conditions specified in Article 2, in order to assess whether the standards or other conditions applicable to soya bean seed in respect of the percentage by weight on inert matter, under Section I (3) (C) (c) of Annex II to Directive 69/208/EEC should be amended to the extent that the component described as 'pieces of broken or damaged seed units half or less than half the original size`, should be disregarded.
Article 2
The conditions referred to in Article 1 above are as follows:
(a) the standard in respect of inert matter shall not include pieces of broken or damaged seed units half or less than half the original size;
(b) at official seed testing, seed material and non-seed material shall have been weighed separately, unless the total amount of inert matter does not exceed 0,3 %;
(c) the seed lots must be accompanied by an official seed analysis certificate reporting the results of the weight under (b);
(d) the official label prescribed under the said Directive or, in respect of third countries, the OECD label, shall bear the number of this Decision after the words 'EEC rules and standards`. Alternatively, the number of this Decision may be shown on any other official document accompanying the seed lot;
(e) the certification authorities shall monitor the experiment;
(f) samples from seed lots officially certified following this experiment shall be supplied for Community comparative trials.
Article 3
1. Any Member State may participate in the experiment.
2. Member States shall inform the Commission whether they have decided to participate in the experiment.
3. The experiment shall end on 30 June 1998. Member States may decide to cease to participate in the experiment at an earlier date.
4. Before the end of each year Member States shall report to the Commission and to the other Member States progress reports on the results of the experiment.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 4 March 1996.
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COMMISSION REGULATION (EC) No 1034/2008
of 21 October 2008
amending Regulation (EC) No 885/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and the EAFRD
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 42 thereof,
Whereas:
(1)
Pursuant to Article 9(1)(a)(iii) of Regulation (EC) No 1290/2005, Member States are obliged to recover sums lost as a result of irregularities and negligence. However, Article 32(6) and Article 33(7) of the same Regulation allow Member States not to pursue recovery if the costs already and likely to be incurred total more that the amount to be recovered. In order to ensure an effective and proper application of these provisions, it is appropriate to lay down a certain threshold below which Member States are not required to pursue recovery. This threshold should be set at EUR 100, not including interests, since the recovery cases involving amounts below this threshold represent significantly less than 0,1 % of the total amount of undue payments reported to the Commission by the Member States pursuant to Article 6(h) of Commission Regulation (EC) No 885/2006 (2). The setting of this threshold should not prevent Member States from applying the provisions referred to above to cases exceeding EUR 100, if properly justified.
(2)
The de minimis rule laid down in this Regulation should not apply to reductions and exclusions imposed on beneficiaries by the Member States in the area of cross-compliance on the basis of Article 6(1) of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3) because Article 6(3) of that Regulation provides for a specific regime for the non-application of reductions and exclusions amounting to EUR 100 or less.
(3)
The obligation for the Member States to recover undue amounts above EUR 100 can be executed in different ways. Without prejudice to any other enforcement action provided for in national law, an effective and cost-efficient way to do so is to deduct any outstanding amounts from future payments to the debtor, once the debt has been established in conformity with national legislation. This method should therefore be made compulsory for Member States to apply.
(4)
Regulation (EC) No 885/2006 should therefore be amended accordingly.
(5)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,
HAS ADOPTED THIS REGULATION:
Article 1
In Regulation (EC) No 885/2006 the following Chapter 1a is inserted:
‘CHAPTER 1a
RECOVERY OF DEBTS
Article 5a
De minimis
Without prejudice to the first subparagraph of Article 6(3) of Council Regulation (EC) No 1782/2003 (4), the conditions of Articles 32(6)(a) and 33(7) of Regulation (EC) No 1290/2005 are considered to be fulfilled if the amount to be recovered from the beneficiary in relation to an individual payment for an aid scheme, not including interests, does not exceed EUR 100.
Article 5b
Method of recovery
Without prejudice to any other enforcement action provided for in national law, Member States shall off-set any still outstanding debt of a beneficiary which has been established in accordance with national law against any future payment to be made by the paying agency responsible for the recovery of the debt to the same beneficiary.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 October 2008.
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Commission Decision
of 20 August 2001
amending Decision 97/20/EC establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods
(notified under document number C(2001) 2553)
(Text with EEA relevance)
(2001/675/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs(1), as last amended by Directive 97/79/EC(2), and in particular Article 9(3)(b) thereof,
Whereas:
(1) Commission Decision 97/20/EC(3), as last amended by Decision 2001/255/EC(4), establishes the list of third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form are authorised for human consumption.
(2) Following Decision 1/2001 of the EC-Faeroe Islands Joint Committee of 31 January 2001 laying down the provisions to implement the Protocol on veterinary matters supplementing the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faeroe Islands, of the other part(5), the Faeroe Islands undertake to apply the provisions laid down in Directive 91/492/EEC, and their rules of application fixed in the relevant Commission decisions. Under the provisions of this Agreement it is necessary to apply to bivalve molluscs originating or proceeding from the Faeroe Islands to the EC, the provisions laid down in Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(6) and, therefore this country shall be deleted from the list of countries and territories annexed to Decision 97/20/EC.
(3) 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 97/20/EC is replaced by the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 20 August 2001.
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COMMISSION REGULATION (EC) No 2230/96 of 15 November 1996 amending the Annex to Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (1), as last amended by Regulation (EC) No 2123/96 (2), and in particular Article 3, last subparagraph, thereof,
Whereas Regulation (EEC) No 3846/87 provides for the publication of the full version of the refund nomenclature to be used from 1 January each year as it follows from the regulatory provisions on export arrangements for agricultural products (3);
Whereas the amendment introduced by Commission Regulation (EC) No 1222/96 (4) shall be taken into consideration and the digit 9 incorporated into the code of the refund nomenclature after the first eight digits referring to the subheadings of the combined nomenclature;
Whereas account must be taken of amendments to the combined nomenclature introduced by Commission Regulation (EC) No 1734/96 of 9 September 1996 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (5) applicable from 1 January 1997,
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EEC) No 3846/87 is hereby replaced by the Annex hereto.
Article 2
This Regulation shall enter into force on 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 1996.
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COUNCIL REGULATION (EEC) No 2642/80 of 14 October 1980 laying down conditions for the application of protective measures in the sheepmeat and goatmeat sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1837/80 of 27 June 1980 on the common organization of the market in sheepmeat and goatmeat (1), and in particular Article 21 (1) thereof,
Having regard to the proposal from the Commission,
Whereas Article 21 (1) of Regulation (EEC) No 1837/80 provides for the possibility of taking appropriate measures if, by reason of imports or exports, the Community market in one or more of the products listed in Article 1 experiences or is threatened with serious disturbance which may endanger the objectives set out in Article 39 of the Treaty ; whereas such measures relate to trade with third countries and whereas the cessation of their application is determined by the disappearance of the disturbance or of the threat of disturbance;
Whereas it is consequently necessary to specify the main factors which make it possible to assess whether, in the Community, the market is seriously disturbed or is threatened with so being;
Whereas, since recourse to protective measures depends on the influence exerted by trade with third countries on the Community market, it is necessary to assess the situation on that market by taking account not only of factors peculiar to the market itself but also of factors relating to the trend of that trade;
Whereas the measures which may be taken pursuant to Article 21 of Regulation (EEC) No 1837/80 should be specified ; whereas such measures must be of such a kind as to remedy serious market disturbances and to remove the threat of such disturbances ; whereas they must be taken in conformity with the provisions of Article 18 of the aforementioned Regulation and must be tailored to the circumstances in order to prevent their having effects other than those desired;
Whereas it is necessary to restrict the ability of a Member State to have recourse to interim protective measures where the market in that State, following an assessment based on the aforementioned factors, is regarded as fulfilling the conditions of the said Article ; whereas the measures capable of being taken in such a case must be of such a kind as to prevent the market situation from deteriorating further ; whereas, however, the interim protective nature of national measures justifies their application only until the entry into force of a Community decision has been taken on this matter;
Whereas the Commission is required to determine the Community protective measures to be taken following a request by a Member State within 24 hours of receipt of such a request ; whereas, in order to enable the Commission to assess the market situation with the maximum efficiency, it is necessary to lay down provisions ensuring that the Commission will be informed as soon as possible of the application of interim protective measures by a Member State ; whereas it should be stipulated, therefore, that such measures will be notified to the Commission as soon as they have been decided on and that such notification is to be regarded as a request within the meaning of Article 21 (2) of Regulation (EEC) No 1837/80,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of assessing whether the Community market in one or more of the products referred to in Article 1 of Regulation (EEC) No 1837/80 is, by reason of imports or exports, experiencing or threatened with serious disturbance which may endanger the objectives set out in Article 39 of the Treaty, account shall be taken in particular of: (a) the volume of imports or exports actual or anticipated,
(b) supplies of products on the Community market,
(c) prices recorded on the Community market or the foreseeable trend of those prices and, in particular, of an excessive upward or downward trend thereof,
(d) the quantities of products in respect of which intervention measures have been taken or may have to be taken on account of imports.
(1) OJ No L 183, 16.7.1980, p. 1.
Article 2
1. The measures which may be taken pursuant to Article 21 (2) and (3) of Regulation (EEC) No 1837/80, where the situation provided for in paragraph 1 of this Article arises, shall be the suspension of imports or exports or the levying of export charges.
2. Such measures may be taken only to the extent and for such period of time as is strictly necessary. They shall take account of the special situation of products on their way to the Community. They may relate only to products from or for third countries. They may be restricted to certain sources, origins, destinations or uses, qualities or forms of presentation. They may be restricted to imports intended for certain Community regions or to exports from those regions.
Article 3
1. Where a Member State deems, following an assessment based on the factors referred to in Article 1, that the situation referred to in Article 21 (1) of Regulation (EEC) No 1837/80 exists on its territory, it may take, on an interim protective basis, the following measures: (a) the suspension of imports or exports,
(b) the requirement of the payment of deposits in respect of export charges or the securing of the amount thereof.
The measure referred to under (b) shall entail no levying of charges unless it has been so decided pursuant to Article 21 (2) or (3) of Regulation (EEC) No 1837/80.
Article 2 (2) shall apply.
2. The interim protective measures shall be notified to the Commission by telex as soon as they have been decided on. Such notification shall be treated as a request within the meaning of Article 21 (2) of Regulation (EEC) No 1837/80.
National measures shall apply only until the entry into force of Community measures or, in the event of a negative decision, until such a decision takes effect.
Article 4
This Regulation shall enter into force on 20 October 1980.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 14 October 1980.
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Commission Regulation (EC) No 357/2004
of 27 February 2004
suspending the buying-in of butter in certain Member States
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products(1),
Having regard to Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream(2), and in particular Article 2 thereof,
Whereas:
(1) Article 2 of Regulation (EC) No 2771/1999 lays down that buying-in by invitation to tender is to be opened or suspended by the Commission in a Member State, as appropriate, once it is observed that, for two weeks in succession, the market price in that Member State is below or equal to or above 92 % of the intervention price.
(2) Commission Regulation (EC) No 212/2004 suspending the buying-in of butter in certain Member States(3) establishes the most recent list of Member States in which intervention is suspended. This list must be adjusted as a result of the market prices communicated by Belgium and Luxembourg pursuant to Article 8 of Regulation (EC) No 2771/1999. In the interests of clarity, the list in question should be replaced and Regulation (EC) No 212/2004 should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Buying-in of butter by invitation to tender as provided for in Article 6(1) of Regulation (EC) No 1255/1999 is hereby suspended in Denmark, Greece, the Netherlands, Austria, Finland and the United Kingdom.
Article 2
Regulation (EC) No 212/2004 is hereby repealed.
Article 3
This Regulation shall enter into force on 28 February 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 February 2004.
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COUNCIL DIRECTIVE of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (70/157/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee (2);
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the permissible sound level and the exhaust system;
Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type approval procedure which was the subject of the Council Directive (3) 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 to be applied in respect of each type of vehicle;
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, with the exception of vehicles which run on rails, agricultural tractors and machinery and public works vehicles.
Article 2
No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to the permissible sound level or the exhaust system if its sound level and exhaust system satisfy the requirements set out in the Annex.
Article 3
The amendments necessary for adjusting the requirements of the Annex so as to take account of technical progress, with the exception of the requirements set out under items 1.1 and 1.4.1.4, shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive on the type approval of motor vehicles and their trailers.
Article 4
1. Member States shall put into force the provisions containing the requirements needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 6 February 1970.
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Commission Regulation (EC) No 1387/2000
of 29 June 2000
establishing a forecast balance for the supply to the Canary Islands of cereal products covered by the specific measures provided for in Articles 2, 3, 4 and 5 of Council Regulation (EEC) No 1601/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1601/92 of 15 June 1992 concerning specific measures for the Canary Islands with regard to certain agricultural products(1), as last amended by Regulation (EC) No 1257/1999(2), and in particular Articles 2 and 3(4) thereof,
Whereas:
(1) The measures, introduced by Regulation (EEC) No 1601/92 intended to offset as regards the supply of certain cereal products, the geographical situation of the Canary Islands, consist of exemption from import duties (customs duties and agricultural levies), and the grant of aid to encourage the delivery of cereal products from the Community.
(2) In accordance with Article 2 of Regulation (EEC) No 1601/92 these arrangements include requirements for direct human consumption, and for processing and packaging in the Islands of products listed in the Annex to the aforementioned Regulation. An assessment of these requirements is made annually in the context of a forecast supply balance which can be revised in the course of the year in the light of developments in the requirements of the Islands. The assessment of the requirements of the processing and packaging industries, as regards products intended for the local market or traditionally dispatched to the rest of the Community, may result in the establishment of a separate forecast supply balance.
(3) In order to facilitate administration of the supply balance, a certain margin of flexibility in the allocation of the quantities fixed in the supply balance should be permitted.
(4) A forecast supply balance for the products concerned should be established covering the entire 12-month period 1 July 2000 to 30 June 2001.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of Articles 2 and 3 of Regulation (EEC) No 1601/92 the quantities in the forecast supply balance which shall benefit, as appropriate, from exemption from import charges in the case of products coming from third countries, or from payment of Community aid in the case of products coming from the Community market, are as indicated in the Annex.
Article 2
This Regulation shall enter into force on 1 July 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 2000.
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*****
COMMISSION DECISION
of 15 June 1988
requiring Italy to rescind the further measures taken to protect itself against the introduction of harmful organisms associated with fresh cultivated mushrooms
(Only the Italian text is authentic)
(88/395/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Commission Directive 88/272/EEC (2), and in particular Artice 15 (2) thereof,
Whereas, when a Member State considers that there is an imminent danger of the introduction or spread in its territory of harmful organisms, it may temporarily take any additional measures necessary to protect itself against the danger, provided that it immediately informs the other Member States and the Commission of the measures taken and indicates the reasons for them (Article 15 (1) of Directive 77/93/EEC);
Whereas Italy adopted on 22 May 1987 measures prohibiting the introduction into Italy of fresh cultivated mushrooms from 1 June to 31 December 1987 ('Decreto 22 maggio 1987: divieto di importazione di funghi coltivati freschi') (3);
Whereas Italy informed the other Member States and the Commission of these measures and the reasons for them at the meeting of the Standing Committee on Plant Health on 22 June 1987;
Whereas Commission Decision 87/393/EEC (4) required Italy to rescind the measures taken to protect itself against the introduction of harmful organisms associated with fresh cultivated mushrooms as the elements identified in the reasoning presented by the Italian authorities at that time were not such as to constitute an imminent danger within the meaning of Article 15 (1) of Directive 77/93/EEC;
Whereas Italy rescinded these measures on 28 October 1987 but adopted on the same day further legislation concerning phytosanitary measures in respect of the import into Italy of fresh cultivated mushrooms ('Decreto ministeriale 28 ottobre 1987: misure fitosanitarie per l'importazione di funghi coltivati freschi);
Whereas the further measures adopted require that fresh cultivated mushrooms may only be introduced into Italy on condition that:
- a laboratory analysis of the mushrooms has been undertaken in the country of origin to determine the absence of the nematodes Ditylenchus myceliophagus and Aphelenchoides composticola,
- the mushrooms are accompanied by a phytosanitary certificate issued by the country of origin,
- an 'additional declaration' has been made on that phytosanitary certificate indicating the absence of the abovementioned nematodes and noting the name of the laboratory which carried out the analysis;
Whereas the further measures adopted by Italy require the following procedures at the point of import:
- sampling for laboratory analysis of one-third of lots of fresh cultivated mushrooms by the Italian plant health authority during the plant health controls required for the issue of fresh cultivated mushroom import certificates,
- prohibition on marketing of lots sampled pending communication of the results of analysis to the importer and the Ministry of Agriculture and Forests;
Whereas the Italian authorities informed the Commission of the further measures taken, by telex of 5 November 1987, but did not notify the other Member States;
Whereas, however, the reason given by Italy for the further measures is that the nematode, Ditylenchus myceliophagus has been positively identified in samples taken from fresh cultivated mushrooms imported from one Member State;
Whereas fresh cultivated mushrooms are generally produced under closely controlled conditions using growing media which has been treated to standards necessary for effective production; whereas, therefore, any nematodes discovered in traces of growing media adhering to harvested fresh cultivated mushrooms should normally no longer be pathogenic;
Whereas, should there be live nematodes present in association with fresh cultivated mushrooms, these mushrooms are intended for marketing for direct human consumption and the presence of such nematodes would therefore, although detrimental to the quality of those mushrooms, not in itself present a risk to the cultivation of mushrooms in Italy;
Whereas scientific knowledge indicates that the nematodes Aphelenchoides composticola and Ditylenchus myceliophagus have been reported to be present in most mushroom-growing countries in temperate areas; whereas the ubiquity and commonness of the abovementioned nematodes is a consequence of their wide host range among soil funghi; whereas no information is available to indicate that the abovementioned nematodes are not present in Italy too;
Whereas, although the capacity of Aphelenchoides composticola and Ditylenchus myceliophagus to be potentially damaging to the cultivation of mushrooms and their ubiquity and commonness have been well known for many years, it was not considered appropriate to make specific provisions in relation to them in the Community plant health regime at the time of the adoption of Directive 77/93/EEC; whereas the inclusion of the abovementioned nematodes within the scope of the protective measures against the introduction into the Member States of organisms harmful to plants or plant products has also subsequently not been considered necessary;
Whereas it can therefore be established that the potential presence of the nematodes concerned in consignments of fresh cultivated mushrooms imported into Italy does not constitute an imminent danger within the meaning of Article 15 (1) of Directive 77/93/EEC;
Whereas Italy should therefore rescind immediately the further measures impeding imports of fresh cultivated mushrooms;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
Italy shall immediately rescind the 'Decreto ministeriale 28 ottobre 1987: misure fitosanitarie per l'importazione di funghi coltivati freschi'.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 15 June 1988.
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*****
COMMISSION DECISION
of 20 June 1986
authorizing the Italian Republic to apply intra-Community surveillance to imports of synthetic textile fibres (discontinuous), not carded, combed or otherwise prepared for spinning, of polyamides, originating in Romania, which have been put into free circulation in the Community
(Only the Italian text is authentic)
(86/367/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular the first paragraph of Article 115 thereof,
Having regard to Commission Decision 80/47/EEC of 20 December 1979 on surveillance and protective measures which Member States may be authorized to take in respect of imports of certain products originating in third countries and put into free circulation in another Member State (1), and in particular Articles 1 and 2 thereof,
Whereas Decision 80/47/EEC requires Member States to have prior authorization from the Commission before introducing intra-Community surveillance of the imports concerned;
Whereas, in accordance with Council Regulation (EEC) No 3420/83 (2), Italy has subjected imports of textile products of category 124, originating in Romania, to severe restrictions;
Whereas, by virtue of the trade measures thus introduced, there are disparities between the various Member States in the conditions for importing the products in question; whereas these disparities are likely to lead to deflection of trade;
Whereas, with a view to the rapid detection of deflection of trade likely to lead to, or aggravate, any economic difficulties in the sector concerned, on 11 June 1986, the Italian Government asked the Commission, under Article 2 of Decision 80/47/EEC, for authorization to apply prior intra-Community surveillance to imports of synthetic textile fibres (discontinuous), not carded, combed or otherwise prepared for spinning, of polyamides, falling within subheading ex 56.01 A of the Common Customs Tariff, NIMEXE code 56.01-11, category ex 124, originating in Romania, and put into free circulation in the other Member States;
Whereas the Commission examined, in particular, whether the imports could be made subject to intra-Community surveillance measures under Article 2 of Decision 80/47/EEC and whether information was given as regards the economic difficulties alleged;
Whereas this examination showed that the imports in question could cause economic difficulties for the industry concerned;
Whereas Italy should therefore be authorized to make imports of the textile fibres in question of category ex 124, originating in Romania, subject to intra-Community surveillance until 31 December 1986,
HAS ADOPTED THIS DECISION:
Article 1
The Italian Republic is hereby authorized to apply intra-Community surveillance to the products set out hereunder, originating in Romania and put into free circulation in the other Member States, in accordance with Article 2 of Decision 80/47/EEC, until 31 December 1986:
1.2.3.4 // // // // // CCT heading No // NIMEXE code // Category // Description // // // // // ex 56.01 A // 56.01-11 // ex 124 // Synthetic textile fibres (discontinuous), not carded, combed or otherwise prepared for 1983, p. 6.
Article 2
This Decision is addressed to the Italian Republic.
Done at Brussels, 20 June 1986.
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COMMISSION DECISION of 19 June 1997 repealing Decision 97/116/EC concerning certain protection measures relating to classical swine fever in Germany (Text with EEA relevance) (97/398/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2), and in particular Article 10 (4) thereof,
Whereas in the beginning of 1997 a number of outbreaks of classical swine fever occurred in different areas of Germany;
Whereas as a result of the disease situation the Commission adopted Decision 97/116/EC of 11 February 1997 (3) concerning certain protection measures relating to classical swine fever in Germany;
Whereas the measures adopted by Decision 97/116/EC were amended by Commission Decision 97/196/EC (4) and by Decision 97/282/EC (5);
Whereas the measures introduced by Decision 97/116/EC should be of a temporary nature;
Whereas in the light of the evolution of the disease the measures adopted by Decision 97/116/EC can be repealed;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Decision 97/116/EC is hereby repealed.
Article 2
The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 19 June 1997.
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Commission Decision
of 10 October 2003
amending Decision 93/52/EEC as regards the recognition of certain Italian provinces as officially free of brucellosis
(notified under document number C(2003) 3562)
(Text with EEA relevance)
(2003/732/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Commission Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(1), as last amended by Council Directive 2003/50/EC(2), and in particular Annex A(1)(II) thereto,
Whereas:
(1) In Italy, in the region of Lombardia (provinces of Bergamo, Brescia, Como, Cremona, Lecco, Lodi, Mantua, Milan, Pavia, Sondrio and Varese) and in the province of Trento, brucellosis (Brucella melitensis) has been a notifiable disease for at least five years.
(2) In the provinces of Bergamo, Brescia, Como, Cremona, Lecco, Lodi, Mantua, Milan, Pavia, Sondrio, Varese and Trento, at least 99,8 % of the ovine or caprine holdings are officially brucellosis-free holdings. These provinces undertake, furthermore, to comply with Annex A(1)(II)(2) to Directive 91/68/EEC.
(3) The provinces of Bergamo, Brescia, Como, Cremona, Lecco, Lodi, Mantua, Milan, Pavia, Sondrio, Varese and Trento should consequently be recognised as officially free of brucellosis (Brucella melitensis).
(4) Commission Decision 93/52/EEC(3), as last amended by Decision 2003/237/EC(4), should therefore be amended accordingly.
(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Annex II to Decision 93/52/EEC is replaced by the text in the Annex to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 10 October 2003.
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COUNCIL REGULATION (EEC) N° 3910/87
of 22 December 1987
amending Regulation (EEC) N° 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 Community and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas the Community is a Contracting Party to the International Convention on the Harmonized Commodity Description and Coding System, hereinafter referred to as the 'harmonized system', which is intended to replace the Convention of 15 December 1950 on Nomenclature for the Classification of Goods in Customs Tariffs;
Whereas Council Regulation (EEC) N° 2658/87 (3) established, from 1 January 1988, a combined goods nomenclature based on the harmonized system which will meet the requirements both of the Common Customs Tariff and of the external trade statistics of the Community;
Whereas, as a result, it is necessary to express the descriptions of goods and tariff heading numbers which appear in Regulation (EEC) N° 1035/72 (4), as last amended by Regulation (EEC) N° 2275/87 (5), according to the terms of the combined nomenclature, based on the harmonized system;
Whereas mixtures of nuts may be classified according to
their essential character in various subheadings of Chapter 8
of the Common Customs Tariff at present in force;
whereas, in the combined nomenclature, by way of
simplification, a single subheading has been established to
cover all mixtures of nuts; whereas it is desirable that the said mixtures be covered by Regulation (EEC) N° 1035/72;
Whereas certain mixtures of dried fruits, or of dried fruits and nuts, are classified, according to their essential character, in subheadings of Chapter 8 of the Common Customs Tariff at present in force which are covered by Regulation (EEC) N° 1035/72; whereas, in the combined nomenclature, by way of simplification, a single subheading has been established to cover all mixtures of dried fruits and of dried fruits and nuts; whereas it is desirable that the said mixtures be covered by Council Regulation (EEC) N° 426/86 of 24 February 1986 on the common organization
of the market in products processed from fruit and vegetables (6), as last amended by Regulation (EEC) N° 3909/87 (7); whereas, as a result, they should no longer be covered by Regulation (EEC) N° 1035/72;
Whereas numerous regulations in the fruit and vegetables sector must be adapted in the light of the new nomenclature; whereas, under Article 15 of Regulation (EEC) N° 2658/87, the changes made may be of a technical nature only; whereas, accordingly, a provision should be introduced whereby all other adjustments to Council or Commission regulations on the common organization of the markets in fruit and vegetables should be made in accordance with the procedure laid down in Article 33 of Regulation (EEC) N° 1035/72, provided that such adjustments are required solely as a result of the introduction of the harmonized system,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) N° 1035/72 is hereby amended as follows:
1. Article 1 (2) is replaced by the following:
'2. The organization shall cover the following products:
TABLE
2. Annex III is replaced by the Annex to this Regulation.
Article 2
The Commission, in accordance with the procedure provided for in Article 33 of Regulation (EEC)
N° 1035/72, shall make the necessary adaptations to
Council or Commission acts concerning the common
organization of the market in fruit and vegetables which result from the application of Article 1.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
Article 1 shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirely and directly applicable in all Member States.
Done at Brussels, 22 December 1987.
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*****
COMMISSION REGULATION (EEC) No 814/87
of 20 March 1987
laying down detailed rules for the application of the special measures for import of olive oil originating in Tunisia
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 561/87 of 23 February 1987 laying down special measures for imports of olive oil originating in Tunisia (1), and in particular Article 4 thereof,
Whereas Regulation (EEC) No 561/87 provides for the application of a reduced import levy on a certain quantity of olive oil originating in Tunisia; whereas, under Article 4 of that Regulation, measures must be adopted in order to avoid any deflection of trade and, in particular, ensure that the levy applicable in the case of third countries is charged if the oil is released for consumption in Spain or Portugal;
Whereas the quantity of oil imported from Tunisia must not exceed that specified in Article 1 of Regulation (EEC) No 561/87; whereas, therefore, the tolerance provided for in Article 8 of Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), as last amended by Regulation (EEC) No 3913/86 (3), should not be allowed;
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
1. Member States of the Community as constituted at 31 December 1985 in which olive oil originating in Tunisia is released for free circulation in accordance with Regulation (EEC) No 561/87 shall introduce a control system for monitoring the oil from its release for free circulation until is refined, packed or exported from the customs territory of the Community.
2. Where, after being released for free circulation in accordance with the provisions of paragraph 1, the oil is consigned to another Member State the document attesting to the Community status of the goods shall include one of the following forms of wording:
- Aceite de oliva importado de Túnez - Reglamento (CEE) no 561/87
- Olivenolie indfoert fra Tunesien - Forordning (EOEF) nr. 561/87
- Olivenoel, eingefuehrt aus Tunesien - Verordnung (EWG) Nr. 561/87
- Elaiólado eisachthén apó tin Tynisía - Kanonismós (EOK) arith 561/87
- Olive oil imported from Tunisia - Regulation (EEC) No 561/87
- Huile d'olive importée de Tunisie - Règlement (CEE) no 561/87
- Olio d'oliva importato dalla Tunisia - Regolamento (CEE) n. 561/87
- Olijfolie ingevoerd uit Tunesië - Verordening (EEG) nr. 561/87
- Azeite importado da Tunísia - Regulamento (CEE) nº 561/87.
3. Notwithstanding Article 8 (4) of Regulation (EEC) No 3183/80 the quantity released for free circulation must not exceed that specified in boxes 10 and 11 of the import licence. A '0' shall accordingly be entered in box 22 of the said licence.
4. Where olive oil for which the document, as referred to in paragraph 2, attesting to the Community status of the goods concerned, is released for consumption in Spain or Portugal, an amount equal to the difference between the minimum levy applicable on the day the declaration of release for consumption is accepted and 5 ECU/100 kilograms shall be charged in Spain or Portugal, as the case may be.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 1987.
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COMMISSION DECISION
of 12 February 2007
amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC
(notified under document number C(2007) 403)
(Text with EEA relevance)
(2007/115/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular the fourth subparagraph of Article 29(1) and Article 29(2) thereof,
Whereas:
(1)
Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. Pursuant to Directive 96/23/EC, the inclusion and retention on the lists of third countries, provided for in Community legislation, from which Member States are authorised to import animals and primary products of animal origin covered by that Directive, are subject to submission by the third countries concerned of a plan setting out the guarantees which they offer as regards the monitoring of the groups of residues and substances referred to in that Directive.
(2)
Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (2) lists those third countries which have submitted a residue monitoring plan, setting out the guarantees offered by them in compliance with the requirements of that Directive.
(3)
Certain third countries have presented residue monitoring plans to the Commission for animals and products of animal origin not currently listed in Decision 2004/432/EC. The evaluation of those plans and the additional information requested by the Commission provide sufficient guarantees on the residue monitoring in those third countries for the animals and products concerned. The relevant animals and products of animal origin should therefore be included in the list for those third countries in that Decision.
(4)
Certain third countries have voluntarily asked not to be included in the list in Decision 2004/432/EC for some categories of animals and products of animal origin. The entries concerning relevant animals and products of animal origin should therefore be deleted from the list for those third countries.
(5)
Certain third countries which are currently listed for certain animals or products of animal origin under Decision 2004/432/EC have not submitted to the Commission the requested guarantees for some of these animals and products of animal origin. In the absence of such guarantees, the entries for the relevant animals and products of animal origin should therefore be deleted in the list for those third countries. The third countries concerned have been informed accordingly.
(6)
In addition, certain third countries are listed in the Annex to Decision 2004/432/EC for bovine, ovine/caprine, swine and equine with the limitation ‘only for casings’. That limitation was inserted in that Annex as an information on the third countries from which casings should be allowed to be imported. However, those third countries have not to submit a residue plan specifically for casings for approval, since a residue monitoring plan is not considered to be needed for these products. Accordingly, in the interest of clarity of Community legislation the entries with the limitation ‘only for casings’ should be deleted from the list in the Annex to Decision 2004/432/EC, without any prejudice to the imports of such products.
(7)
The responsibility to evaluate the residue control plans for all categories of animals and products of animal origin from Norway lies with the EFTA Surveillance Authority. Therefore the entries for that country should be deleted from the list in the Annex to Decision 2004/432/EC.
(8)
The State Union of Serbia and Montenegro has dissolved. Therefore the footnote which refers to the previous denomination should be deleted from the list in that Annex.
(9)
Decision 2004/432/EC should therefore be amended accordingly.
(10)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2004/432/EC is replaced by the text in the Annex to this Decision.
Article 2
This Decision shall apply from the seventh day following its publication in the Official Journal of the European Union.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 12 February 2007.
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COMMISSION REGULATION (EC) No 1214/2005
of 28 July 2005
correcting the Dutch, Estonian, Finnish, Greek, Italian, Latvian, Lithuanian, Portuguese, Spanish and Swedish versions of Regulation (EEC) No 1722/93 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 concerning production refunds in the cereals sector
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 8(3) thereof,
Whereas:
(1)
An error appears in the Dutch, Estonian, Finnish, Greek, Italian, Latvian, Lithuanian, Portuguese, Spanish and Swedish versions of the text of the second sentence of the first subparagraph of Article 9(2) of Commission Regulation (EEC) No 1722/93 (2), as amended by Article 1(4) of Regulation (EC) No 1548/2004.
(2)
In order to avoid any incorrect interpretations and to ensure the correct application of the measures provided for in Regulation (EEC) No 1722/93, that error should be corrected.
(3)
As this correction does not have any disadvantageous or discriminatory consequences for some producers in favour of others, it should be made applicable from the date of entry into force of Regulation (EC) No 1548/2004.
(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
Concerns only the Dutch, Estonian, Finnish, Greek, Italian, Latvian, Lithuanian, Portuguese, Spanish and Swedish versions.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply as from 3 September 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2005.
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